[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2003 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
40
Part 63 (Secs. 63.1-63.599)
Revised as of July 1, 2003
Protection of Environment
Containing a codification of documents of general
applicability and future effect
As of July 1, 2003
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2003
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 40:
Chapter I--Environmental Protection Agency
(Continued) 3
Finding Aids:
Material Approved for Incorporation by Reference........ 709
Table of CFR Titles and Chapters........................ 713
Alphabetical List of Agencies Appearing in the CFR...... 731
List of CFR Sections Affected........................... 741
[[Page iv]]
----------------------------
Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 63.1 refers
to title 40, part 63,
section 1.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
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Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
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[[Page vi]]
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What is a proper incorporation by reference? The Director of the
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(a) The incorporation will substantially reduce the volume of
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(b) The matter incorporated is in fact available to the extent
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(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
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
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the revision dates of the 50 CFR titles.
[[Page vii]]
REPUBLICATION OF MATERIAL
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Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 2003.
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of twenty-nine
volumes. The parts in these volumes are arranged in the following order:
parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-End),
parts 53-59, part 60 (60.1-End), part 60 (Appendices), parts 61-62, part
63 (63.1-63.599), part 63 (63.600-1-63.1199), part 63 (63.1200-63.1439),
part 63 (63.1440-End) parts 64-71, parts 72-80, parts 81-85, part 86
(86.1-86.599-99) part 86 (86.600-1-End), parts 87-99, parts 100-135,
parts 136-149, parts 150-189, parts 190-259, parts 260-265, parts 266-
299, parts 300-399, parts 400-424, parts 425-699, parts 700-789, and
part 790 to End. The contents of these volumes represent all current
regulations codified under this title of the CFR as of July 1, 2003.
Chapter I--Environmental Protection Agency appears in all twenty-
nine volumes. An alphabetical Listing of Pesticide Chemicals Index
appears in parts 150-189. 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.
[[Page x]]
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains part 63)
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Part
chapter i--Environmental Protection Agency (Continued)...... 63
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
--------------------------------------------------------------------
Editorial Note: Nomenclature changes to chapter I appear at 65 FR
47324, 47325, Aug. 2, 2000.
SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part Page
63 National emission standards for hazardous
air pollutants for source categories.... 5
[[Page 5]]
SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES--Table of Contents
Subpart A--General Provisions
Sec.
63.1 Applicability.
63.2 Definitions.
63.3 Units and abbreviations.
63.4 Prohibited activities and circumvention.
63.5 Preconstruction review and notification requirements.
63.6 Compliance with standards and maintenance requirements.
63.7 Performance testing requirements.
63.8 Monitoring requirements.
63.9 Notification requirements.
63.10 Recordkeeping and reporting requirements.
63.11 Control device 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 affected sources.
63.55 Maximum achievable control technology (MACT) determinations for
affected sources subject to case-by-case determination of
equivalent emission limitations.
63.56 Requirements for case-by-case determination of equivalent
emission limitations after promulgation of subsequent MACT
standard.
Tables to Subpart B of Part 63
Table 1 to Subpart B of Part 63.--Section 112(j) Part 2 Application Due
Dates
Table 2 to Subpart B of Part 63.--MON Source Categories
Subpart C--List of Hazardous Air Pollutants, Petition Process, Lesser
Quantity Designations, Source Category List
63.60 Deletion of caprolactam from the list of hazardous air
pollutants.
63.61 [Reserved]
63.62 Redefinition of glycol ethers listed as hazardous air pollutants.
63.63-63.69 [Reserved]
Subpart D--Regulations Governing Compliance Extensions for Early
Reductions of Hazardous Air Pollutants
63.70 Applicability.
63.71 Definitions.
63.72 General provisions for compliance extensions.
63.73 Source.
63.74 Demonstration of early reduction.
63.75 Enforceable commitments.
63.76 Review of base year emissions.
63.77 Application procedures.
63.78 Early reduction demonstration evaluation.
63.79 Approval of applications.
63.80 Enforcement.
63.81 Rules for special situations.
Subpart E--Approval of State Programs and Delegation of Federal
Authorities
63.90 Program overview.
63.91 Criteria for straight delegation and criteria common to all
approval options.
63.92 Approval of State requirements that adjust a section 112 rule.
63.93 Approval of State requirements that substitute for a section 112
rule.
63.94 Approval of State permit terms and conditions that substitute for
a section 112 rule.
63.95 Additional approval criteria for accidental release prevention
programs.
63.96 Review and withdrawal of approval.
63.97 Approval of a State program that substitutes for section 112
requirements.
63.98 [Reserved]
[[Page 6]]
63.99 Delegated Federal authorities.
Subpart F--National Emission Standards for Organic Hazardous Air
Pollutants From the Synthetic Organic Chemical Manufacturing Industry
63.100 Applicability and designation of source.
63.101 Definitions.
63.102 General standards.
63.103 General compliance, reporting, and recordkeeping provisions.
63.104 Heat exchange system requirements.
63.105 Maintenance wastewater requirements.
63.106 Delegation of authority.
63.107 Identification of process vents subject to this subpart.
Table 1 to Subpart F--Synthetic Organic Chemical Manufacturing Industry
Chemicals
Table 2 to Subpart F--Organic Hazardous Air Pollutants
Table 3 to Subpart F--General Provisions Applicability to Subparts F, G,
and H
Table 4 to Subpart F--Organic Hazardous Air Pollutants Subject to
Cooling Tower Monitoring Requirements in Sec. 63.104
Subpart G--National Emission Standards for Organic Hazardous Air
Pollutants From the Synthetic Organic Chemical Manufacturing Industry
for Process Vents, Storage Vessels, Transfer Operations, and Wastewater
63.110 Applicability.
63.111 Definitions.
63.112 Emission standard.
63.113 Process vent provisions--reference control technology.
63.114 Process vent provisions--monitoring requirements.
63.115 Process vent provisions--methods and procedures for process vent
group determination.
63.116 Process vent provisions--performance test methods and procedures
to determine compliance.
63.117 Process vent provisions--reporting and recordkeeping
requirements for group and TRE determinations and performance
tests.
63.118 Process vent provisions--periodic reporting and recordkeeping
requirements.
63.119 Storage vessel provisions--reference control technology.
63.120 Storage vessel provisions--procedures to determine compliance.
63.121 Storage vessel provisions--alternative means of emission
limitation.
63.122 Storage vessel provisions--reporting.
63.123 Storage vessel provisions--recordkeeping.
63.124-63.125 [Reserved]
63.126 Transfer operations provisions--reference control technology.
63.127 Transfer operations provisions--monitoring requirements.
63.128 Transfer operations provisions--test methods and procedures.
63.129 Transfer operations provisions--reporting and recordkeeping for
performance tests and notification of compliance status.
63.130 Transfer operations provisions--periodic recordkeeping and
reporting.
63.131 [Reserved]
63.132 Process wastewater provisions--general.
63.133 Process wastewater provisions--wastewater tanks.
63.134 Process wastewater provisions--surface impoundments.
63.135 Process wastewater provisions--containers.
63.136 Process wastewater provisions--individual drain systems.
63.137 Process wastewater provisions--oil-water separators.
63.138 Process wastewater provisions--performance standards for
treatment processes managing Group 1 wastewater streams and/or
residuals removed from Group 1 wastewater streams.
63.139 Process wastewater provisions--control devices.
63.140 Process wastewater provisions--delay of repair.
63.141-63.142 [Reserved]
63.143 Process wastewater provisions--inspections and monitoring of
operations.
63.144 Process wastewater provisions--test methods and procedures for
determining applicability and Group 1/Group 2 determinations
(determining which wastewater streams require control).
63.145 Process wastewater provisions--test methods and procedures to
determine compliance.
63.146 Process wastewater provisions--reporting.
63.147 Process wastewater provisions--recordkeeping.
63.148 Leak inspection provisions.
63.149 Control requirements for certain liquid streams in open systems
within a chemical manufacturing process unit.
63.150 Emissions averaging provisions.
63.151 Initial notification.
63.152 General reporting and continuous records.
63.153 Implementation and enforcement.
[[Page 7]]
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.
63.169 Standards: Pumps, valves, connectors, and agitators in heavy
liquid service; instrumentation systems; and pressure relief
devices in liquid service.
63.170 Standards: Surge control vessels and bottoms receivers.
63.171 Standards: Delay of repair.
63.172 Standards: Closed-vent systems and control devices.
63.173 Standards: Agitators in gas/vapor service and in light liquid
service.
63.174 Standards: Connectors in gas/vapor service and in light liquid
service.
63.175 Quality improvement program for valves.
63.176 Quality improvement program for pumps.
63.177 Alternative means of emission limitation: General.
63.178 Alternative means of emission limitation: Batch processes.
63.179 Alternative means of emission limitation: Enclosed-vented
process units.
63.180 Test methods and procedures.
63.181 Recordkeeping requirements.
63.182 Reporting requirements.
63.183 Implementation and enforcement.
Table 1 to Subpart H--Batch Processes
Table 2 to Subpart H--Surge Control Vessels and Bottoms Receivers at
Existing Sources
Table 3 to Subpart H--Surge Control Vessels and Bottoms Receivers at New
Sources
Table 4 to Subpart H--Applicable 40 CFR Part 63 General Provisions
Subpart I--National Emission Standards for Organic Hazardous Air
Pollutants for Certain Processes Subject to the Negotiated Regulation
for Equipment Leaks
63.190 Applicability and designation of source.
63.191 Definitions.
63.192 Standard.
63.193 Delegation of authority.
Subpart J--National Emission Standards for Hazardous Air Pollutants for
Polyvinyl Chloride and Copolymers Production
What This Subpart Covers
Sec.
63.210 What is the purpose of this subpart?
63.211 Am I subject to this subpart?
63.212 What parts of my facility does this subpart cover?
63.213 When do I have to comply with this subpart?
Standards and Compliance Requirements
63.214 What are the requirements I must comply with?
Other Requirements and Information
63.215 What General Provisions apply to me?
63.216 Who administers this subpart?
63.217 What definitions apply to this subpart?
Subpart K [Reserved]
Subpart L--National Emission Standards for Coke Oven Batteries
63.300 Applicability.
63.301 Definitions.
63.302 Standards for by-product coke oven batteries.
63.303 Standards for nonrecovery coke oven batteries.
63.304 Standards for compliance date extension.
63.305 Alternative standards for coke oven doors equipped with sheds.
63.306 Work practice standards.
63.307 Standards for bypass/bleeder stacks.
63.308 Standards for collecting mains.
63.309 Performance tests and procedures.
63.310 Requirements for startups, shutdowns, and malfunctions.
63.311 Reporting and recordkeeping requirements.
63.312 Existing regulations and requirements.
63.313 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.
[[Page 8]]
63.324 Reporting and recordkeeping requirements.
63.325 Determination of equivalent emission control technology.
63.326 Implementation and enforcement.
Subpart N--National Emission Standards for Chromium Emissions From Hard
and Decorative Chromium Electroplating and Chromium Anodizing Tanks
63.340 Applicability and designation of sources.
63.341 Definitions and nomenclature.
63.342 Standards.
63.343 Compliance provisions.
63.344 Performance test requirements and test methods.
63.345 Provisions for new and reconstructed sources.
63.346 Recordkeeping requirements.
63.347 Reporting requirements.
63.348 Implementation and enforcement.
Table 1 to Subpart N--General Provisions Applicability to Subpart N
Subpart O--Ethylene Oxide Emissions Standards for Sterilization
Facilities
63.360 Applicability.
63.361 Definitions.
63.362 Standards.
63.363 Compliance and performance testing.
63.364 Monitoring requirements.
63.365 Test methods and procedures.
63.366 Reporting requirements.
63.367 Recordkeeping requirements.
63.368 Implementation and enforcement.
Subpart P [Reserved]
Subpart Q--National Emission Standards for Hazardous Air Pollutants for
Industrial Process Cooling Towers
63.400 Applicability.
63.401 Definitions.
63.402 Standard.
63.403 Compliance dates.
63.404 Compliance demonstrations.
63.405 Notification requirements.
63.406 Recordkeeping and reporting requirements.
63.407 Implementation and enforcement.
Table 1 to Subpart Q--General Provisions Applicability to Subpart Q
Subpart R--National Emission Standards for Gasoline Distribution
Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)
63.420 Applicability.
63.421 Definitions.
63.422 Standards: Loading racks.
63.423 Standards: Storage vessels.
63.424 Standards: Equipment leaks.
63.425 Test methods and procedures.
63.426 Alternative means of emission limitation.
63.427 Continuous monitoring.
63.428 Reporting and recordkeeping.
63.429 Delegation of authority.
Table 1 to Subpart R--General Provisions Applicability to Subpart R
Subpart S--National Emission Standards for Hazardous Air Pollutants from
the Pulp and Paper Industry
63.440 Applicability.
63.441 Definitions.
63.442 [Reserved]
63.443 Standards for the pulping system at kraft, soda, and semi-
chemical processes.
63.444 Standards for the pulping system at sulfite processes.
63.445 Standards for the bleaching system.
63.446 Standards for kraft pulping process condensates.
63.447 Clean condensate alternative.
63.448-63.449 [Reserved]
63.450 Standards for enclosures and closed-vent systems.
63.451-63.452 [Reserved]
63.453 Monitoring requirements.
63.454 Recordkeeping requirements.
63.455 Reporting requirements.
63.456 [Reserved]
63.457 Test methods and procedures.
63.458 Delegation of authority.
63.459 Alternative standards.
Table 1 to Subpart S--General Provisions Applicability to Subpart S
Subpart T--National Emission Standards for Halogenated Solvent Cleaning
63.460 Applicability and designation of source.
63.461 Definitions.
63.462 Batch cold cleaning machine standards.
63.463 Batch vapor and in-line cleaning machine standards.
63.464 Alternative standards.
63.465 Test methods.
63.466 Monitoring procedures.
63.467 Recordkeeping requirements.
63.468 Reporting requirements.
63.469 Equivalent methods of control.
63.470 Implementation and enforcement.
Appendix A to Subpart T--Test of Solvent Cleaning Procedures
Appendix B to Subpart T--General Provisions Applicability to Subpart T
Subpart U--National Emission Standards for Hazardous Air Pollutant
Emissions: Group I Polymers and Resins
63.480 Applicability and designation of affected sources.
[[Page 9]]
63.481 Compliance dates and relationship of this subpart to existing
applicable rules.
63.482 Definitions.
63.483 Emission standards.
63.484 Storage vessel provisions.
63.485 Continuous front-end process vent provisions.
63.486 Batch front-end process vent provisions.
63.487 Batch front-end process vents--reference control technology.
63.488 Methods and procedures for batch front-end process vent group
determination.
63.489 Batch front-end process vents--monitoring equipment.
63.490 Batch front-end process vents--performance test methods and
procedures to determine compliance.
63.491 Batch front-end process vents--recordkeeping requirements.
63.492 Batch front-end process vents--reporting requirements.
63.493 Back-end process provisions.
63.494 Back-end process provisions--residual organic HAP 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 and heat exchange system provisions.
63.503 Emissions averaging provisions.
63.504 Additional requirements for performance testing.
63.505 Parameter monitoring levels and excursions.
63.506 General recordkeeping and reporting provisions.
63.507 Implementation and enforcement.
Table 1 to Subpart U of Part 63--Applicability of General Provisions to
Subpart U Affected Sources
Table 2 to Subpart U of Part 63--Applicability of Subparts F, G, & H of
this Part to Subpart U Affected Sources
Table 3 to Subpart U of Part 63--Group 1 Storage Vessels at Existing
Affected Sources
Table 4 to Subpart U of Part 63--Group 1 Storage Vessels at New Sources
Table 5 to Subpart U of Part 63--Known Organic HAP From the Production
of Elastomer Products
Table 6 to Subpart U of Part 63--Group 1 Batch Front-End Process Vents
and Aggregate Batch Vent Streams--Monitoring, Recordkeeping,
and Reporting Requirements
Table 7 to Subpart U of Part 63--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 of Part 63--Summary of Compliance Alternative
Requirements for the Back-End Process Provisions
Table 9 to Subpart U of Part 63--Routine Reports Required by This
Subpart
Subpart V [Reserved]
Subpart W--National Emission Standards for Hazardous Air Pollutants for
Epoxy Resins Production and Non-Nylon Polyamides Production
63.520 Applicability and designation of sources.
63.521 Compliance schedule.
63.522 Definitions.
63.523 Standards for basic liquid resins manufacturers.
63.524 Standards for wet strength resins manufacturers.
63.525 Compliance and performance testing.
63.526 Monitoring requirements.
63.527 Recordkeeping requirements.
63.528 Reporting requirements.
63.529 Implementation and enforcement.
Table 1 to Subpart W--General Provisions Applicability to Subpart W
Subpart X--National Emission Standards for Hazardous Air Pollutants from
Secondary Lead Smelting
63.541 Applicability.
63.542 Definitions.
63.543 Standards for process sources.
63.544 Standards for process fugitive sources.
63.545 Standards for fugitive dust sources.
63.546 Compliance dates.
63.547 Test methods.
63.548 Monitoring requirements.
63.549 Notification requirements.
63.550 Recordkeeping and reporting requirements.
63.551 Implementation and enforcement.
Subpart Y--National Emission Standards for Marine Tank Vessel Loading
Operations
63.560 Applicability and designation of affected source.
63.561 Definitions.
63.562 Standards.
63.563 Compliance and performance testing.
[[Page 10]]
63.564 Monitoring requirements.
63.565 Test methods and procedures.
63.566 Construction and reconstruction.
63.567 Recordkeeping and reporting requirements.
63.568 Implementation and enforcement.
Subpart Z [Reserved]
63.568--63.569 [Reserved]
Authority: 42 U.S.C. 7401 et seq.
Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.
Subpart A--General Provisions
Source: 59 FR 12430, Mar. 16, 1994, unless otherwise noted.
Sec. 63.1 Applicability.
(a) General. (1) Terms used throughout this part are defined in
Sec. 63.2 or in the Clean Air Act (Act) as amended in 1990, except that
individual subparts of this part may include specific definitions in
addition to or that supersede definitions in Sec. 63.2.
(2) This part contains national emission standards for hazardous air
pollutants (NESHAP) established pursuant to section 112 of the Act as
amended November 15, 1990. These standards regulate specific categories
of stationary sources that emit (or have the potential to emit) one or
more hazardous air pollutants listed in this part pursuant to section
112(b) of the Act. This section explains the applicability of such
standards to sources affected by them. The standards in this part are
independent of NESHAP contained in 40 CFR part 61. The NESHAP in part 61
promulgated by signature of the Administrator before November 15, 1990
(i.e., the date of enactment of the Clean Air Act Amendments of 1990)
remain in effect until they are amended, if appropriate, and added to
this part.
(3) No emission standard or other requirement established under this
part shall be interpreted, construed, or applied to diminish or replace
the requirements of a more stringent emission limitation or other
applicable requirement established by the Administrator pursuant to
other authority of the Act (section 111, part C or D or any other
authority of this Act), or a standard issued under State authority. The
Administrator may specify in a specific standard under this part that
facilities subject to other provisions under the Act need only comply
with the provisions of that standard.
(4)(i) Each relevant standard in this part 63 must identify
explicitly whether each provision in this subpart A is or is not
included in such relevant standard.
(ii) If a relevant part 63 standard incorporates the requirements of
40 CFR part 60, part 61 or other part 63 standards, the relevant part 63
standard must identify explicitly the applicability of each
corresponding part 60, part 61, or other part 63 subpart A (General)
provision.
(iii) The General Provisions in this subpart A do not apply to
regulations developed pursuant to section 112(r) of the amended Act,
unless otherwise specified in those regulations.
(5) [Reserved]
(6) To obtain the most current list of categories of sources to be
regulated under section 112 of the Act, or to obtain the most recent
regulation promulgation schedule established pursuant to section 112(e)
of the Act, contact the Office of the Director, Emission Standards
Division, Office of Air Quality Planning and Standards, U.S. EPA (MD-
13), Research Triangle Park, North Carolina 27711.
(7)--(9) [Reserved]
(10) For the purposes of this part, time periods specified in days
shall be measured in calendar days, even if the word ``calendar'' is
absent, unless otherwise specified in an applicable requirement.
(11) For the purposes of this part, if an explicit postmark deadline
is not specified in an applicable requirement for the submittal of a
notification, application, test plan, report, or other written
communication to the Administrator, the owner or operator shall postmark
the submittal on or before the number of days specified in the
applicable requirement. For example, if a notification must be submitted
15 days before a particular event is scheduled to take place, the
notification shall be postmarked on or before 15 days preceding the
event; likewise, if a notification must be submitted 15 days after
[[Page 11]]
a particular event takes place, the notification shall be postmarked on
or before 15 days following the end of the event. The use of reliable
non-Government mail carriers that provide indications of verifiable
delivery of information required to be submitted to the Administrator,
similar to the postmark provided by the U.S. Postal Service, or
alternative means of delivery agreed to by the permitting authority, is
acceptable.
(12) Notwithstanding time periods or postmark deadlines specified in
this part for the submittal of information to the Administrator by an
owner or operator, or the review of such information by the
Administrator, such time periods or deadlines may be changed by mutual
agreement between the owner or operator and the Administrator.
Procedures governing the implementation of this provision are specified
in Sec. 63.9(i).
(b) Initial applicability determination for this part. (1) The
provisions of this part apply to the owner or operator of any stationary
source that--
(i) Emits or has the potential to emit any hazardous air pollutant
listed in or pursuant to section 112(b) of the Act; and
(ii) Is subject to any standard, limitation, prohibition, or other
federally enforceable requirement established pursuant to this part.
(2) [Reserved]
(3) An owner or operator of a stationary source who is in the
relevant source category and who determines that the source is not
subject to a relevant standard or other requirement established under
this part must keep a record as specified in Sec. 63.10(b)(3).
(c) Applicability of this part after a relevant standard has been
set under this part. (1) If a relevant standard has been established
under this part, the owner or operator of an affected source must comply
with the provisions of that standard and of this subpart as provided in
paragraph (a)(4) of this section.
(2) Except as provided in Sec. 63.10(b)(3), if a relevant standard
has been established under this part, the owner or operator of an
affected source may be required to obtain a title V permit from a
permitting authority in the State in which the source is located.
Emission standards promulgated in this part for area sources pursuant to
section 112(c)(3) of the Act will specify whether--
(i) States will have the option to exclude area sources affected by
that standard from the requirement to obtain a title V permit (i.e., the
standard will exempt the category of area sources altogether from the
permitting requirement);
(ii) States will have the option to defer permitting of area sources
in that category until the Administrator takes rulemaking action to
determine applicability of the permitting requirements; or
(iii) If a standard fails to specify what the permitting
requirements will be for area sources affected by such a standard, then
area sources that are subject to the standard will be subject to the
requirement to obtain a title V permit without any deferral.
(3)--(4) [Reserved]
(5) If an area source that otherwise would be subject to an emission
standard or other requirement established under this part if it were a
major source subsequently increases its emissions of hazardous air
pollutants (or its potential to emit hazardous air pollutants) such that
the source is a major source that is subject to the emission standard or
other requirement, such source also shall be subject to the notification
requirements of this subpart.
(d) [Reserved]
(e) If the Administrator promulgates an emission standard under
section 112(d) or (h) of the Act that is applicable to a source subject
to an emission limitation by permit established under section 112(j) of
the Act, and the requirements under the section 112(j) emission
limitation are substantially as effective as the promulgated emission
standard, the owner or operator may request the permitting authority to
revise the source's title V permit to reflect that the emission
limitation in the permit satisfies the requirements of the promulgated
emission standard. The process by which the permitting authority
determines whether the section 112(j) emission limitation is
substantially as effective as the promulgated emission standard must
include,
[[Page 12]]
consistent with part 70 or 71 of this chapter, the opportunity for full
public, EPA, and affected State review (including the opportunity for
EPA's objection) prior to the permit revision being finalized. A
negative determination by the permitting authority constitutes final
action for purposes of review and appeal under the applicable title V
operating permit program.
[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16595, Apr. 5, 2002]
Sec. 63.2 Definitions.
The terms used in this part are defined in the Act or in this
section as follows:
Act means the Clean Air Act (42 U.S.C. 7401 et seq., as amended by
Pub. L. 101-549, 104 Stat. 2399).
Actual emissions is defined in subpart D of this part for the
purpose of granting a compliance extension for an early reduction of
hazardous air pollutants.
Administrator means the Administrator of the United States
Environmental Protection Agency or his or her authorized representative
(e.g., a State that has been delegated the authority to implement the
provisions of this part).
Affected source, for the purposes of this part, means the collection
of equipment, activities, or both within a single contiguous area and
under common control that is included in a section 112(c) source
category or subcategory for which a section 112(d) standard or other
relevant standard is established pursuant to section 112 of the Act.
Each relevant standard will define the ``affected source,'' as defined
in this paragraph unless a different definition is warranted based on a
published justification as to why this definition would result in
significant administrative, practical, or implementation problems and
why the different definition would resolve those problems. The term
``affected source,'' as used in this part, is separate and distinct from
any other use of that term in EPA regulations such as those implementing
title IV of the Act. Affected source may be defined differently for part
63 than affected facility and stationary source in parts 60 and 61,
respectively. This definition of ``affected source,'' and the procedures
for adopting an alternative definition of ``affected source,'' shall
apply to each section 112(d) standard for which the initial proposed
rule is signed by the Administrator after June 30, 2002.
Alternative emission limitation means conditions established
pursuant to sections 112(i)(5) or 112(i)(6) of the Act by the
Administrator or by a State with an approved permit program.
Alternative emission standard means an alternative means of emission
limitation that, after notice and opportunity for public comment, has
been demonstrated by an owner or operator to the Administrator's
satisfaction to achieve a reduction in emissions of any air pollutant at
least equivalent to the reduction in emissions of such pollutant
achieved under a relevant design, equipment, work practice, or
operational emission standard, or combination thereof, established under
this part pursuant to section 112(h) of the Act.
Alternative test method means any method of sampling and analyzing
for an air pollutant that is not a test method in this chapter and that
has been demonstrated to the Administrator's satisfaction, using Method
301 in Appendix A of this part, to produce results adequate for the
Administrator's determination that it may be used in place of a test
method specified in this part.
Approved permit program means a State permit program approved by the
Administrator as meeting the requirements of part 70 of this chapter or
a Federal permit program established in this chapter pursuant to title V
of the Act (42 U.S.C. 7661).
Area source means any stationary source of hazardous air pollutants
that is not a major source as defined in this part.
Commenced means, with respect to construction or reconstruction of
an affected source, that an owner or operator has undertaken a
continuous program of construction or reconstruction or that an owner or
operator has entered into a contractual obligation to undertake and
complete, within a reasonable time, a continuous program of construction
or reconstruction.
Compliance date means the date by which an affected source is
required to
[[Page 13]]
be in compliance with a relevant standard, limitation, prohibition, or
any federally enforceable requirement established by the Administrator
(or a State with an approved permit program) pursuant to section 112 of
the Act.
Compliance schedule means: (1) In the case of an affected source
that is in compliance with all applicable requirements established under
this part, a statement that the source will continue to comply with such
requirements; or
(2) In the case of an affected source that is required to comply
with applicable requirements by a future date, a statement that the
source will meet such requirements on a timely basis and, if required by
an applicable requirement, a detailed schedule of the dates by which
each step toward compliance will be reached; or
(3) In the case of an affected source not in compliance with all
applicable requirements established under this part, a schedule of
remedial measures, including an enforceable sequence of actions or
operations with milestones and a schedule for the submission of
certified progress reports, where applicable, leading to compliance with
a relevant standard, limitation, prohibition, or any federally
enforceable requirement established pursuant to section 112 of the Act
for which the affected source is not in compliance. This compliance
schedule shall resemble and be at least as stringent as that contained
in any judicial consent decree or administrative order to which the
source is subject. Any such schedule of compliance shall be supplemental
to, and shall not sanction noncompliance with, the applicable
requirements on which it is based.
Construction means the on-site fabrication, erection, or
installation of an affected source. Construction does not include the
removal of all equipment comprising an affected source from an existing
location and reinstallation of such equipment at a new location. The
owner or operator of an existing affected source that is relocated may
elect not to reinstall minor ancillary equipment including, but not
limited to, piping, ductwork, and valves. However, removal and
reinstallation of an affected source will be construed as reconstruction
if it satisfies the criteria for reconstruction as defined in this
section. The costs of replacing minor ancillary equipment must be
considered in determining whether the existing affected source is
reconstructed.
Continuous emission monitoring system (CEMS) means the total
equipment that may be required to meet the data acquisition and
availability requirements of this part, used to sample, condition (if
applicable), analyze, and provide a record of emissions.
Continuous monitoring system (CMS) is a comprehensive term that may
include, but is not limited to, continuous emission monitoring systems,
continuous opacity monitoring systems, continuous parameter monitoring
systems, or other manual or automatic monitoring that is used for
demonstrating compliance with an applicable regulation on a continuous
basis as defined by the regulation.
Continuous opacity monitoring system (COMS) means a continuous
monitoring system that measures the opacity of emissions.
Continuous parameter monitoring system means the total equipment
that may be required to meet the data acquisition and availability
requirements of this part, used to sample, condition (if applicable),
analyze, and provide a record of process or control system parameters.
Effective date means:
(1) With regard to an emission standard established under this part,
the date of promulgation in the Federal Register of such standard; or
(2) With regard to an alternative emission limitation or equivalent
emission limitation determined by the Administrator (or a State with an
approved permit program), the date that the alternative emission
limitation or equivalent emission limitation becomes effective according
to the provisions of this part.
Emission standard means a national standard, limitation,
prohibition, or other regulation promulgated in a subpart of this part
pursuant to sections 112(d), 112(h), or 112(f) of the Act.
Emissions averaging is a way to comply with the emission limitations
specified in a relevant standard, whereby an affected source, if allowed
under a
[[Page 14]]
subpart of this part, may create emission credits by reducing emissions
from specific points to a level below that required by the relevant
standard, and those credits are used to offset emissions from points
that are not controlled to the level required by the relevant standard.
EPA means the United States Environmental Protection Agency.
Equivalent emission limitation means any maximum achievable control
technology emission limitation or requirements which are applicable to a
major source of hazardous air pollutants and are adopted by the
Administrator (or a State with an approved permit program) on a case-by-
case basis, pursuant to section 112(g) or (j) of the Act.
Excess emissions and continuous monitoring system performance report
is a report that must be submitted periodically by an affected source in
order to provide data on its compliance with relevant emission limits,
operating parameters, and the performance of its continuous parameter
monitoring systems.
Existing source means any affected source that is not a new source.
Federally enforceable means all limitations and conditions that are
enforceable by the Administrator and citizens under the Act or that are
enforceable under other statutes administered by the Administrator.
Examples of federally enforceable limitations and conditions include,
but are not limited to:
(1) Emission standards, alternative emission standards, alternative
emission limitations, and equivalent emission limitations established
pursuant to section 112 of the Act as amended in 1990;
(2) New source performance standards established pursuant to section
111 of the Act, and emission standards established pursuant to section
112 of the Act before it was amended in 1990;
(3) All terms and conditions in a title V permit, including any
provisions that limit a source's potential to emit, unless expressly
designated as not federally enforceable;
(4) Limitations and conditions that are part of an approved State
Implementation Plan (SIP) or a Federal Implementation Plan (FIP);
(5) Limitations and conditions that are part of a Federal
construction permit issued under 40 CFR 52.21 or any construction permit
issued under regulations approved by the EPA in accordance with 40 CFR
part 51;
(6) Limitations and conditions that are part of an operating permit
where the permit and the permitting program pursuant to which it was
issued meet all of the following criteria:
(i) The operating permit program has been submitted to and approved
by EPA into a State implementation plan (SIP) under section 110 of the
CAA;
(ii) The SIP imposes a legal obligation that operating permit
holders adhere to the terms and limitations of such permits and provides
that permits which do not conform to the operating permit program
requirements and the requirements of EPA's underlying regulations may be
deemed not ``federally enforceable'' by EPA;
(iii) The operating permit program requires that all emission
limitations, controls, and other requirements imposed by such permits
will be at least as stringent as any other applicable limitations and
requirements contained in the SIP or enforceable under the SIP, and that
the program may not issue permits that waive, or make less stringent,
any limitations or requirements contained in or issued pursuant to the
SIP, or that are otherwise ``federally enforceable'';
(iv) The limitations, controls, and requirements in the permit in
question are permanent, quantifiable, and otherwise enforceable as a
practical matter; and
(v) The permit in question was issued only after adequate and timely
notice and opportunity for comment for EPA and the public.
(7) Limitations and conditions in a State rule or program that has
been approved by the EPA under subpart E of this part for the purposes
of implementing and enforcing section 112; and
(8) Individual consent agreements that the EPA has legal authority
to create.
Fixed capital cost means the capital needed to provide all the
depreciable components of an existing source.
Fugitive emissions means those emissions from a stationary source
that
[[Page 15]]
could not reasonably pass through a stack, chimney, vent, or other
functionally equivalent opening. Under section 112 of the Act, all
fugitive emissions are to be considered in determining whether a
stationary source is a major source.
Hazardous air pollutant means any air pollutant listed in or
pursuant to section 112(b) of the Act.
Issuance of a part 70 permit will occur, if the State is the
permitting authority, in accordance with the requirements of part 70 of
this chapter and the applicable, approved State permit program. When the
EPA is the permitting authority, issuance of a title V permit occurs
immediately after the EPA takes final action on the final permit.
Major source means any stationary source or group of stationary
sources located within a contiguous area and under common control that
emits or has the potential to emit considering controls, in the
aggregate, 10 tons per year or more of any hazardous air pollutant or 25
tons per year or more of any combination of hazardous air pollutants,
unless the Administrator establishes a lesser quantity, or in the case
of radionuclides, different criteria from those specified in this
sentence.
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control and monitoring equipment,
process equipment, or a process to operate in a normal or usual manner
which causes, or has the potential to cause, the emission limitations in
an applicable standard to be exceeded. Failures that are caused in part
by poor maintenance or careless operation are not malfunctions.
Monitoring means the collection and use of measurement data or other
information to control the operation of a process or pollution control
device or to verify a work practice standard relative to assuring
compliance with applicable requirements. Monitoring is composed of four
elements:
(1) Indicator(s) of performance--the parameter or parameters you
measure or observe for demonstrating proper operation of the pollution
control measures or compliance with the applicable emissions limitation
or standard. Indicators of performance may include direct or predicted
emissions measurements (including opacity), operational parametric
values that correspond to process or control device (and capture system)
efficiencies or emissions rates, and recorded findings of inspection of
work practice activities, materials tracking, or design characteristics.
Indicators may be expressed as a single maximum or minimum value, a
function of process variables (for example, within a range of pressure
drops), a particular operational or work practice status (for example, a
damper position, completion of a waste recovery task, materials
tracking), or an interdependency between two or among more than two
variables.
(2) Measurement techniques--the means by which you gather and record
information of or about the indicators of performance. The components of
the measurement technique include the detector type, location and
installation specifications, inspection procedures, and quality
assurance and quality control measures. Examples of measurement
techniques include continuous emission monitoring systems, continuous
opacity monitoring systems, continuous parametric monitoring systems,
and manual inspections that include making records of process conditions
or work practices.
(3) Monitoring frequency--the number of times you obtain and record
monitoring data over a specified time interval. Examples of monitoring
frequencies include at least four points equally spaced for each hour
for continuous emissions or parametric monitoring systems, at least
every 10 seconds for continuous opacity monitoring systems, and at least
once per operating day (or week, month, etc.) for work practice or
design inspections.
(4) Averaging time--the period over which you average and use data
to verify proper operation of the pollution control approach or
compliance with the emissions limitation or standard. Examples of
averaging time include a 3-hour average in units of the emissions
limitation, a 30-day rolling average emissions value, a daily average of
a control device operational parametric range, and an instantaneous
alarm.
[[Page 16]]
New affected source means the collection of equipment, activities,
or both within a single contiguous area and under common control that is
included in a section 112(c) source category or subcategory that is
subject to a section 112(d) or other relevant standard for new sources.
This definition of ``new affected source,'' and the criteria to be
utilized in implementing it, shall apply to each section 112(d) standard
for which the initial proposed rule is signed by the Administrator after
June 30, 2002. Each relevant standard will define the term ``new
affected source,'' which will be the same as the ``affected source''
unless a different collection is warranted based on consideration of
factors including:
(1) Emission reduction impacts of controlling individual sources
versus groups of sources;
(2) Cost effectiveness of controlling individual equipment;
(3) Flexibility to accommodate common control strategies;
(4) Cost/benefits of emissions averaging;
(5) Incentives for pollution prevention;
(6) Feasibility and cost of controlling processes that share common
equipment (e.g., product recovery devices);
(7) Feasibility and cost of monitoring; and
(8) Other relevant factors.
New source means any affected source the construction or
reconstruction of which is commenced after the Administrator first
proposes a relevant emission standard under this part establishing an
emission standard applicable to such source.
One-hour period, unless otherwise defined in an applicable subpart,
means any 60-minute period commencing on the hour.
Opacity means the degree to which emissions reduce the transmission
of light and obscure the view of an object in the background. For
continuous opacity monitoring systems, opacity means the fraction of
incident light that is attenuated by an optical medium.
Owner or operator means any person who owns, leases, operates,
controls, or supervises a stationary source.
Performance audit means a procedure to analyze blind samples, the
content of which is known by the Administrator, simultaneously with the
analysis of performance test samples in order to provide a measure of
test data quality.
Performance evaluation means the conduct of relative accuracy
testing, calibration error testing, and other measurements used in
validating the continuous monitoring system data.
Performance test means the collection of data resulting from the
execution of a test method (usually three emission test runs) used to
demonstrate compliance with a relevant emission standard as specified in
the performance test section of the relevant standard.
Permit modification means a change to a title V permit as defined in
regulations codified in this chapter to implement title V of the Act (42
U.S.C. 7661).
Permit program means a comprehensive State operating permit system
established pursuant to title V of the Act (42 U.S.C. 7661) and
regulations codified in part 70 of this chapter and applicable State
regulations, or a comprehensive Federal operating permit system
established pursuant to title V of the Act and regulations codified in
this chapter.
Permit revision means any permit modification or administrative
permit amendment to a title V permit as defined in regulations codified
in this chapter to implement title V of the Act (42 U.S.C. 7661).
Permitting authority means: (1) The State air pollution control
agency, 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
[[Page 17]]
material combusted, stored, or processed, shall be treated as part of
its design if the limitation or the effect it would have on emissions is
federally enforceable.
Reconstruction, unless otherwise defined in a relevant standard,
means the replacement of components of an affected or a previously
nonaffected source to such an extent that:
(1) The fixed capital cost of the new components exceeds 50 percent
of the fixed capital cost that would be required to construct a
comparable new source; and
(2) It is technologically and economically feasible for the
reconstructed source to meet the relevant standard(s) established by the
Administrator (or a State) pursuant to section 112 of the Act. Upon
reconstruction, an affected source, or a stationary source that becomes
an affected source, is subject to relevant standards for new sources,
including compliance dates, irrespective of any change in emissions of
hazardous air pollutants from that source.
Regulation promulgation schedule means the schedule for the
promulgation of emission standards under this part, established by the
Administrator pursuant to section 112(e) of the Act and published in the
Federal Register.
Relevant standard means:
(1) An emission standard;
(2) An alternative emission standard;
(3) An alternative emission limitation; or
(4) An equivalent emission limitation established pursuant to
section 112 of the Act that applies to the collection of equipment,
activities, or both regulated by such standard or limitation. A relevant
standard may include or consist of a design, equipment, work practice,
or operational requirement, or other measure, process, method, system,
or technique (including prohibition of emissions) that the Administrator
(or a State) establishes for new or existing sources to which such
standard or limitation applies. Every relevant standard established
pursuant to section 112 of the Act includes subpart A of this part, as
provided by Sec. 63.1(a)(4), and all applicable appendices of this part
or of other parts of this chapter that are referenced in that standard.
Responsible official means one of the following:
(1) For a corporation: A president, secretary, treasurer, or vice
president of the corporation in charge of a principal business function,
or any other person who performs similar policy or decision-making
functions for the corporation, or a duly authorized representative of
such person if the representative is responsible for the overall
operation of one or more manufacturing, production, or operating
facilities and either:
(i) The facilities employ more than 250 persons or have gross annual
sales or expenditures exceeding $25 million (in second quarter 1980
dollars); or
(ii) The delegation of authority to such representative is approved
in advance by the Administrator.
(2) For a partnership or sole proprietorship: a general partner or
the proprietor, respectively.
(3) For a municipality, State, Federal, or other public agency:
either a principal executive officer or ranking elected official. For
the purposes of this part, a principal executive officer of a Federal
agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency
(e.g., a Regional Administrator of the EPA).
(4) For affected sources (as defined in this part) applying for or
subject to a title V permit: ``responsible official'' shall have the
same meaning as defined in part 70 or Federal title V regulations in
this chapter (42 U.S.C. 7661), whichever is applicable.
Run means one of a series of emission or other measurements needed
to determine emissions for a representative operating period or cycle as
specified in this part.
Shutdown means the cessation of operation of an affected source or
portion of an affected source for any purpose.
Six-minute period means, with respect to opacity determinations, any
one of the 10 equal parts of a 1-hour period.
Standard conditions means a temperature of 293 K (68 deg.F) and a
pressure of 101.3 kilopascals (29.92 in. Hg).
[[Page 18]]
Startup means the setting in operation of an affected source or
portion of an affected source for any purpose.
State means all non-Federal authorities, including local agencies,
interstate associations, and State-wide programs, that have delegated
authority to implement: (1) The provisions of this part and/or (2) the
permit program established under part 70 of this chapter. The term State
shall have its conventional meaning where clear from the context.
Stationary source means any building, structure, facility, or
installation which emits or may emit any air pollutant.
Test method means the validated procedure for sampling, preparing,
and analyzing for an air pollutant specified in a relevant standard as
the performance test procedure. The test method may include methods
described in an appendix of this chapter, test methods incorporated by
reference in this part, or methods validated for an application through
procedures in Method 301 of appendix A of this part.
Title V permit means any permit issued, renewed, or revised pursuant
to Federal or State regulations established to implement title V of the
Act (42 U.S.C. 7661). A title V permit issued by a State permitting
authority is called a part 70 permit in this part.
Visible emission means the observation of an emission of opacity or
optical density above the threshold of vision.
Working day means any day on which Federal Government offices (or
State government offices for a State that has obtained delegation under
section 112(l)) are open for normal business. Saturdays, Sundays, and
official Federal (or where delegated, State) holidays are not working
days.
[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16596, Apr. 5, 2002; 68
FR 32600, May 30, 2003]
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
ml = milliliter = 10-3 liter
mm = millimeter = 10-3 meter
Mg = megagram = 10\6\ gram = metric ton
MJ = megajoule
mol = mole
N = newton
ng = nanogram = 10-9 gram
nm = nanometer = 10-9 meter
Pa = pascal
s = second
V = volt
W = watt
[ohm] = ohm
[micro]g = microgram = 10-6 gram
[micro]l = microliter = 10-6 liter
(b) Other units of measure:
Btu = British thermal unit
deg.C = degree Celsius (centigrade)
cal = calorie
cfm = cubic feet per minute
cc = cubic centimeter
cu ft = cubic feet
d = day
dcf = dry cubic feet
dcm = dry cubic meter
dscf = dry cubic feet at standard conditions
dscm = dry cubic meter at standard conditions
eq = equivalent
deg.F degree Fahrenheit
ft = feet
ft\2\ = square feet
ft\3\ = cubic feet
gal = gallon
gr = grain
g-eq = gram equivalent
g-mole = gram mole
hr = hour
in. = inch
in. H2 O = inches of water
K = 1,000
kcal = kilocalorie
lb = pound
lpm = liter per minute
meq = milliequivalent
min = minute
MW = molecular weight
oz = ounces
ppb = parts per billion
ppbw = parts per billion by weight
ppbv = parts per billion by volume
ppm = parts per million
ppmw = parts per million by weight
ppmv = parts per million by volume
psia = pounds per square inch absolute
psig = pounds per square inch gage
deg.R = degree Rankine
scf = cubic feet at standard conditions
[[Page 19]]
scfh = cubic feet at standard conditions per hour
scm = cubic meter at standard conditions
scmm = cubic meter at standard conditions per minute
sec = second
sq ft = square feet
std = at standard conditions
v/v = volume per volume
yd\2\ = square yards
yr = year
(c) Miscellaneous:
act = actual
avg = average
I.D. = inside diameter
M = molar
N = normal
O.D. = outside diameter
% = percent
[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]
Sec. 63.4 Prohibited activities and circumvention.
(a) Prohibited activities. (1) No owner or operator subject to the
provisions of this part must operate any affected source in violation of
the requirements of this part. Affected sources subject to and in
compliance with either an extension of compliance or an exemption from
compliance are not in violation of the requirements of this part. An
extension of compliance can be granted by the Administrator under this
part; by a State with an approved permit program; or by the President
under section 112(i)(4) of the Act.
(2) No owner or operator subject to the provisions of this part
shall fail to keep records, notify, report, or revise reports as
required under this part.
(3)-(5) [Reserved]
(b) Circumvention. No owner or operator subject to the provisions of
this part shall build, erect, install, or use any article, machine,
equipment, or process to conceal an emission that would otherwise
constitute noncompliance with a relevant standard. Such concealment
includes, but is not limited to--
(1) The use of diluents to achieve compliance with a relevant
standard based on the concentration of a pollutant in the effluent
discharged to the atmosphere;
(2) The use of gaseous diluents to achieve compliance with a
relevant standard for visible emissions; and
(c) Fragmentation. Fragmentation after November 15, 1990 which
divides ownership of an operation, within the same facility among
various owners where there is no real change in control, will not affect
applicability. The owner and operator must not use fragmentation or
phasing of reconstruction activities (i.e., intentionally dividing
reconstruction into multiple parts for purposes of avoiding new source
requirements) to avoid becoming subject to new source requirements.
[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]
Sec. 63.5 Preconstruction review and notification requirements.
(a) Applicability. (1) This section implements the preconstruction
review requirements of section 112(i)(1). After the effective date of a
relevant standard, promulgated pursuant to section 112(d), (f), or (h)
of the Act, under this part, the preconstruction review requirements in
this section apply to the owner or operator of new affected sources and
reconstructed affected sources that are major-emitting as specified in
this section. New and reconstructed affected sources that commence
construction or reconstruction before the effective date of a relevant
standard are not subject to the preconstruction review requirements
specified in paragraphs (b)(3), (d), and (e) of this section.
(2) This section includes notification requirements for new affected
sources and reconstructed affected sources that are not major-emitting
affected sources and that are or become subject to a relevant
promulgated emission standard after the effective date of a relevant
standard promulgated under this part.
(b) Requirements for existing, newly constructed, and reconstructed
sources. (1) A new affected source for which construction commences
after proposal of a relevant standard is subject to relevant standards
for new affected sources, including compliance dates. An affected source
for which reconstruction commences after proposal of a relevant standard
is subject to relevant standards for new sources, including compliance
dates, irrespective
[[Page 20]]
of any change in emissions of hazardous air pollutants from that source.
(2) [Reserved]
(3) After the effective date of any relevant standard promulgated by
the Administrator under this part, no person may, without obtaining
written approval in advance from the Administrator in accordance with
the procedures specified in paragraphs (d) and (e) of this section, do
any of the following:
(i) Construct a new affected source that is major-emitting and
subject to such standard;
(ii) Reconstruct an affected source that is major-emitting and
subject to such standard; or
(iii) Reconstruct a major source such that the source becomes an
affected source that is major-emitting and subject to the standard.
(4) After the effective date of any relevant standard promulgated by
the Administrator under this part, an owner or operator who constructs a
new affected source that is not major-emitting or reconstructs an
affected source that is not major-emitting that is subject to such
standard, or reconstructs a source such that the source becomes an
affected source subject to the standard, must notify the Administrator
of the intended construction or reconstruction. The notification must be
submitted in accordance with the procedures in Sec. 63.9(b).
(5) [Reserved]
(6) After the effective date of any relevant standard promulgated by
the Administrator under this part, equipment added (or a process change)
to an affected source that is within the scope of the definition of
affected source under the relevant standard must be considered part of
the affected source and subject to all provisions of the relevant
standard established for that affected source.
(c) [Reserved]
(d) Application for approval of construction or reconstruction. The
provisions of this paragraph implement section 112(i)(1) of the Act.
(1) General application requirements. (i) An owner or operator who
is subject to the requirements of paragraph (b)(3) of this section must
submit to the Administrator an application for approval of the
construction or reconstruction. The application must be submitted as
soon as practicable before actual construction or reconstruction begins.
The application for approval of construction or reconstruction may be
used to fulfill the initial notification requirements of
Sec. 63.9(b)(5). The owner or operator may submit the application for
approval well in advance of the date actual construction or
reconstruction begins in order to ensure a timely review by the
Administrator and that the planned date to begin will not be delayed.
(ii) A separate application shall be submitted for each construction
or reconstruction. Each application for approval of construction or
reconstruction shall include at a minimum:
(A) The applicant's name and address;
(B) A notification of intention to construct a new major affected
source or make any physical or operational change to a major affected
source that may meet or has been determined to meet the criteria for a
reconstruction, as defined in Sec. 63.2 or in the relevant standard;
(C) The address (i.e., physical location) or proposed address of the
source;
(D) An identification of the relevant standard that is the basis of
the application;
(E) The expected date of the beginning of actual construction or
reconstruction;
(F) The expected completion date of the construction or
reconstruction;
(G) [Reserved]
(H) The type and quantity of hazardous air pollutants emitted by the
source, reported in units and averaging times and in accordance with the
test methods specified in the relevant standard, or if actual emissions
data are not yet available, an estimate of the type and quantity of
hazardous air pollutants expected to be emitted by the source reported
in units and averaging times specified in the relevant standard. The
owner or operator may submit percent reduction information if a relevant
standard is established in terms of percent reduction. However,
operating parameters, such as flow
[[Page 21]]
rate, shall be included in the submission to the extent that they
demonstrate performance and compliance; and
(I) [Reserved]
(J) Other information as specified in paragraphs (d)(2) and (d)(3)
of this section.
(iii) An owner or operator who submits estimates or preliminary
information in place of the actual emissions data and analysis required
in paragraphs (d)(1)(ii)(H) and (d)(2) of this section shall submit the
actual, measured emissions data and other correct information as soon as
available but no later than with the notification of compliance status
required in Sec. 63.9(h) (see Sec. 63.9(h)(5)).
(2) Application for approval of construction. Each application for
approval of construction must include, in addition to the information
required in paragraph (d)(1)(ii) of this section, technical information
describing the proposed nature, size, design, operating design capacity,
and method of operation of the source, including an identification of
each type of emission point for each type of hazardous air pollutant
that is emitted (or could reasonably be anticipated to be emitted) and a
description of the planned air pollution control system (equipment or
method) for each emission point. The description of the equipment to be
used for the control of emissions must include each control device for
each hazardous air pollutant and the estimated control efficiency
(percent) for each control device. The description of the method to be
used for the control of emissions must include an estimated control
efficiency (percent) for that method. Such technical information must
include calculations of emission estimates in sufficient detail to
permit assessment of the validity of the calculations.
(3) Application for approval of reconstruction. Each application for
approval of reconstruction shall include, in addition to the information
required in paragraph (d)(1)(ii) of this section--
(i) A brief description of the affected source and the components
that are to be replaced;
(ii) A description of present and proposed emission control systems
(i.e., equipment or methods). The description of the equipment to be
used for the control of emissions shall include each control device for
each hazardous air pollutant and the estimated control efficiency
(percent) for each control device. The description of the method to be
used for the control of emissions shall include an estimated control
efficiency (percent) for that method. Such technical information shall
include calculations of emission estimates in sufficient detail to
permit assessment of the validity of the calculations;
(iii) An estimate of the fixed capital cost of the replacements and
of constructing a comparable entirely new source;
(iv) The estimated life of the affected source after the
replacements; and
(v) A discussion of any economic or technical limitations the source
may have in complying with relevant standards or other requirements
after the proposed replacements. The discussion shall be sufficiently
detailed to demonstrate to the Administrator's satisfaction that the
technical or economic limitations affect the source's ability to comply
with the relevant standard and how they do so.
(vi) If in the application for approval of reconstruction the owner
or operator designates the affected source as a reconstructed source and
declares that there are no economic or technical limitations to prevent
the source from complying with all relevant standards or other
requirements, the owner or operator need not submit the information
required in paragraphs (d)(3)(iii) through (d)(3)(v) of this section.
(4) Additional information. The Administrator may request additional
relevant information after the submittal of an application for approval
of construction or reconstruction.
(e) Approval of construction or reconstruction. (1)(i) If the
Administrator determines that, if properly constructed, or
reconstructed, and operated, a new or existing source for which an
application under paragraph (d) of this section was submitted will not
cause emissions in violation of the relevant standard(s) and any other
federally enforceable requirements, the Administrator will approve the
construction or reconstruction.
[[Page 22]]
(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) Preconstruction review procedures that a
State utilizes for other purposes may also be utilized for purposes of
this section if the procedures are substantially equivalent to those
specified in this section. The Administrator will approve an application
for construction or reconstruction specified in paragraphs (b)(3) and
(d) of this section if the owner or operator of a new affected source or
reconstructed affected source, who is subject to such requirement meets
the following conditions:
(i) The owner or operator of the new affected source or
reconstructed affected source has undergone a preconstruction review and
approval process in the State in which the source is (or would be)
located and has received a federally enforceable construction permit
that contains a finding that the source will meet the relevant
promulgated emission standard,
[[Page 23]]
if the source is properly built and operated.
(ii) Provide a statement from the State or other evidence (such as
State regulations) that it considered the factors specified in paragraph
(e)(1) of this section.
(2) The owner or operator must submit to the Administrator the
request for approval of construction or reconstruction under this
paragraph (f)(2) no later than the application deadline specified in
paragraph (d)(1) of this section (see also Sec. 63.9(b)(2)). The owner
or operator must include in the request information sufficient for the
Administrator's determination. The Administrator will evaluate the owner
or operator's request in accordance with the procedures specified in
paragraph (e) of this section. The Administrator may request additional
relevant information after the submittal of a request for approval of
construction or reconstruction under this paragraph (f)(2).
[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]
Sec. 63.6 Compliance with standards and maintenance requirements.
(a) Applicability.
(1) The requirements in this section apply to the owner or operator
of affected sources for which any relevant standard has been established
pursuant to section 112 of the Act and the applicability of such
requirements is set out in accordance with Sec. 63.1(a)(4) unless--
(i) The Administrator (or a State with an approved permit program)
has granted an extension of compliance consistent with paragraph (i) of
this section; or
(ii) The President has granted an exemption from compliance with any
relevant standard in accordance with section 112(i)(4) of the Act.
(2) If an area source that otherwise would be subject to an emission
standard or other requirement established under this part if it were a
major source subsequently increases its emissions of hazardous air
pollutants (or its potential to emit hazardous air pollutants) such that
the source is a major source, such source shall be subject to the
relevant emission standard or other requirement.
(b) Compliance dates for new and reconstructed sources. (1) Except
as specified in paragraphs (b)(3) and (4) of this section, the owner or
operator of a new or reconstructed affected source for which
construction or reconstruction commences after proposal of a relevant
standard that has an initial startup before the effective date of a
relevant standard established under this part pursuant to section
112(d), (f), or (h) of the Act must comply with such standard not later
than the standard's effective date.
(2) Except as specified in paragraphs (b)(3) and (4) of this
section, the owner or operator of a new or reconstructed affected source
that has an initial startup after the effective date of a relevant
standard established under this part pursuant to section 112(d), (f), or
(h) of the Act must comply with such standard upon startup of the
source.
(3) The owner or operator of an affected source for which
construction or reconstruction is commenced after the proposal date of a
relevant standard established under this part pursuant to section
112(d), 112(f), or 112(h) of the Act but before the effective date (that
is, promulgation) of such standard shall comply with the relevant
emission standard not later than the date 3 years after the effective
date if:
(i) The promulgated standard (that is, the relevant standard) is
more stringent than the proposed standard; for purposes of this
paragraph, a finding that controls or compliance methods are ``more
stringent'' must include control technologies or performance criteria
and compliance or compliance assurance methods that are different but
are substantially equivalent to those required by the promulgated rule,
as determined by the Administrator (or his or her authorized
representative); and
(ii) The owner or operator complies with the standard as proposed
during the 3-year period immediately after the effective date.
(4) The owner or operator of an affected source for which
construction or reconstruction is commenced after the proposal date of a
relevant standard established pursuant to section 112(d) of the Act but
before the proposal date of
[[Page 24]]
a relevant standard established pursuant to section 112(f) shall not be
required to comply with the section 112(f) emission standard until the
date 10 years after the date construction or reconstruction is
commenced, except that, if the section 112(f) standard is promulgated
more than 10 years after construction or reconstruction is commenced,
the owner or operator must comply with the standard as provided in
paragraphs (b)(1) and (2) of this section.
(5) The owner or operator of a new source that is subject to the
compliance requirements of paragraph (b)(3) or (4) of this section must
notify the Administrator in accordance with Sec. 63.9(d)
(6) [Reserved]
(7) When an area source becomes a major source by the addition of
equipment or operations that meet the definition of new affected source
in the relevant standard, the portion of the existing facility that is a
new affected source must comply with all requirements of that standard
applicable to new sources. The source owner or operator must comply with
the relevant standard upon startup.
(c) Compliance dates for existing sources. (1) After the effective
date of a relevant standard established under this part pursuant to
section 112(d) or 112(h) of the Act, the owner or operator of an
existing source shall comply with such standard by the compliance date
established by the Administrator in the applicable subpart(s) of this
part. Except as otherwise provided for in section 112 of the Act, in no
case will the compliance date established for an existing source in an
applicable subpart of this part exceed 3 years after the effective date
of such standard.
(2) If an existing source is subject to a standard established under
this part pursuant to section 112(f) of the Act, the owner or operator
must comply with the standard by the date 90 days after the standard's
effective date, or by the date specified in an extension granted to the
source by the Administrator under paragraph (i)(4)(ii) of this section,
whichever is later.
(3)-(4) [Reserved]
(5) Except as provided in paragraph (b)(7) of this section, the
owner or operator of an area source that increases its emissions of (or
its potential to emit) hazardous air pollutants such that the source
becomes a major source shall be subject to relevant standards for
existing sources. Such sources must comply by the date specified in the
standards for existing area sources that become major sources. If no
such compliance date is specified in the standards, the source shall
have a period of time to comply with the relevant emission standard that
is equivalent to the compliance period specified in the relevant
standard for existing sources in existence at the time the standard
becomes effective.
(d) [Reserved]
(e) Operation and maintenance requirements.
(1)(i) At all times, including periods of startup, shutdown, and
malfunction, the owner or operator must operate and maintain any
affected source, including associated air pollution control equipment
and monitoring equipment, in a manner consistent with safety and good
air pollution control practices for minimizing emissions. During a
period of startup, shutdown, or malfunction, this general duty to
minimize emissions requires that the owner or operator reduce emissions
from the affected source to the greatest extent which is consistent with
safety and good air pollution control practices. The general duty to
minimize emissions during a period of startup, shutdown, or malfunction
does not require the owner or operator to achieve emission levels that
would be required by the applicable standard at other times if this is
not consistent with safety and good air pollution control practices, nor
does it require the owner or operator to make any further efforts to
reduce emissions if levels required by the applicable standard have been
achieved. Determination of whether such operation and maintenance
procedures are being used will be based on information available to the
Administrator which may include, but is not limited to, monitoring
results, review of operation and maintenance procedures (including the
startup, shutdown, and malfunction plan required in paragraph (e)(3) of
this section), review of operation and
[[Page 25]]
maintenance records, and inspection of the source.
(ii) Malfunctions must 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. To the
extent that an unexpected event arises during a startup, shutdown, or
malfunction, an owner or operator must comply by minimizing emissions
during such a startup, shutdown, and malfunction event consistent with
safety and good air pollution control practices.
(iii) Operation and maintenance requirements established pursuant to
section 112 of the Act are enforceable independent of emissions
limitations or other requirements in relevant standards.
(2) [Reserved]
(3) Startup, shutdown, and malfunction plan. (i) The owner or
operator of an affected source must develop 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 and monitoring
equipment used to comply with the relevant standard. This plan must be
developed by the owner or operator by the source's compliance date for
that relevant standard. The purpose of the startup, shutdown, and
malfunction plan is to--
(A) Ensure that, at all times, the owner or operator operates and
maintains each affected source, including associated air pollution
control and monitoring equipment, in a manner which satisfies the
general duty to minimize emissions established by paragraph (e)(1)(i) of
this section;
(B) Ensure that owners or operators are prepared to correct
malfunctions as soon as practicable after their occurrence in order to
minimize excess emissions of hazardous air pollutants; and
(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 must operate and maintain such source
(including associated air pollution control and monitoring 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 must keep records for that event which demonstrate that the
procedures specified in the plan were followed. These records may take
the form of a ``checklist,'' or other effective form of recordkeeping
that confirms conformance with the startup, shutdown, and malfunction
plan for that event. In addition, the owner or operator must keep
records of these events as specified in Sec. 63.10(b), including records
of the occurrence and duration of each startup, shutdown, or malfunction
of operation and each malfunction of the air pollution control and
monitoring equipment. Furthermore, the owner or operator shall confirm
that actions taken during the relevant reporting period during periods
of startup, shutdown, and malfunction were consistent with the affected
source's startup, shutdown and malfunction plan in the semiannual (or
more frequent) startup, shutdown, and malfunction report required in
Sec. 63.10(d)(5).
(iv) If an action taken by the owner or operator during a startup,
shutdown, or malfunction (including an action taken to correct a
malfunction) is not consistent with the procedures specified in the
affected source's startup, shutdown, and malfunction plan, and the
source exceeds any applicable emission limitation in the relevant
emission standard, then the owner or operator must record the actions
taken for that event and must report such actions within 2 working days
after commencing actions inconsistent with the
[[Page 26]]
plan, followed by a letter within 7 working days after the end of the
event, in accordance with Sec. 63.10(d)(5) (unless the owner or operator
makes alternative reporting arrangements, in advance, with the
Administrator).
(v) The owner or operator must maintain at the affected source a
current startup, shutdown, and malfunction plan and must make the plan
available upon request for inspection and copying by the Administrator.
In addition, if the startup, shutdown, and malfunction plan is
subsequently revised as provided in paragraph (e)(3)(viii) of this
section, the owner or operator must maintain at the affected source each
previous (i.e., superseded) version of the startup, shutdown, and
malfunction plan, and must make each such previous version available for
inspection and copying by the Administrator for a period of 5 years
after revision of the plan. If at any time after adoption of a startup,
shutdown, and malfunction plan the affected source ceases operation or
is otherwise no longer subject to the provisions of this part, the owner
or operator must retain a copy of the most recent plan for 5 years from
the date the source ceases operation or is no longer subject to this
part and must make the plan available upon request for inspection and
copying by the Administrator. The Administrator may at any time request
in writing that the owner or operator submit a copy of any startup,
shutdown, and malfunction plan (or a portion thereof) which is
maintained at the affected source or in the possession of the owner or
operator. Upon receipt of such a request, the owner or operator must
promptly submit a copy of the requested plan (or a portion thereof) to
the Administrator. The Administrator must request that the owner or
operator submit a particular startup, shutdown, or malfunction plan (or
a portion thereof) whenever a member of the public submits a specific
and reasonable request to examine or to receive a copy of that plan or
portion of a plan. The owner or operator may elect to submit the
required copy of any startup, shutdown, and malfunction plan to the
Administrator in an electronic format. If the owner or operator claims
that any portion of such a startup, shutdown, and malfunction plan is
confidential business information entitled to protection from disclosure
under section 114(c) of the Act or 40 CFR 2.301, the material which is
claimed as confidential must be clearly designated in the submission.
(A) Does not address a startup, shutdown, or malfunction event that
has occurred;
(B) Fails to provide for the operation of the source (including
associated air pollution control and monitoring equipment) during a
startup, shutdown, or malfunction event in a manner consistent with the
general duty to minimize emissions established by paragraph (e)(1)(i) of
this section;
(C) Does not provide adequate procedures for correcting
malfunctioning process and/or air pollution control and monitoring
equipment as quickly as practicable; or
(D) Includes an event that does not meet the definition of startup,
shutdown, or malfunction listed in Sec. 63.2.
(viii) The owner or operator may periodically revise the startup,
shutdown, and malfunction plan for the affected source as necessary to
satisfy the requirements of this part or to reflect changes in equipment
or procedures at the affected source. Unless the permitting authority
provides otherwise, the owner or operator may make such revisions to the
startup, shutdown, and malfunction plan without prior approval by the
Administrator or the permitting authority. However, each such revision
to a startup, shutdown, and malfunction plan must be reported in the
semiannual report required by Sec. 63.10(d)(5). If the startup,
shutdown, and malfunction plan fails to address or inadequately
addresses an event that meets the characteristics of a malfunction but
was not included in the startup, shutdown, and malfunction plan at the
time the owner or operator developed the plan, the owner or operator
must revise the startup, shutdown, and malfunction plan within 45 days
after the event to include detailed procedures for operating and
maintaining the source during similar malfunction events and a program
of corrective action for similar malfunctions of process or air
pollution control and monitoring equipment. In the event
[[Page 27]]
that the owner or operator makes any revision to the startup, shutdown,
and malfunction plan which alters the scope of the activities at the
source which are deemed to be a startup, shutdown, or malfunction, or
otherwise modifies the applicability of any emission limit, work
practice requirement, or other requirement in a standard established
under this part, the revised plan shall not take effect until after the
owner or operator has provided a written notice describing the revision
to the permitting authority.
(ix) The title V permit for an affected source must require that the
owner or operator adopt a startup, shutdown, and malfunction plan which
conforms to the provisions of this part, and that the owner or operator
operate and maintain the source in accordance with the procedures
specified in the current startup, shutdown, and malfunction plan.
However, any revisions made to the startup, shutdown, and malfunction
plan in accordance with the procedures established by this part shall
not be deemed to constitute permit revisions under part 70 or part 71 of
this chapter. Moreover, none of the procedures specified by the startup,
shutdown, and malfunction plan for an affected source shall be deemed to
fall within the permit shield provision in section 504(f) of the Act.
(f) Compliance with nonopacity emission standards-- (1)
Applicability. The non-opacity emission standards set forth in this part
shall apply at all times except during periods of startup, shutdown, and
malfunction, and as otherwise specified in an applicable subpart. If a
startup, shutdown, or malfunction of one portion of an affected source
does not affect the ability of particular emission points within other
portions of the affected source to comply with the non-opacity emission
standards set forth in this part, then that emission point must still be
required to comply with the non-opacity emission standards and other
applicable requirements.
(2) Methods for determining compliance. (i) The Administrator will
determine compliance with nonopacity emission standards in this part
based on the results of performance tests conducted according to the
procedures in Sec. 63.7, unless otherwise specified in an applicable
subpart of this part.
(ii) The Administrator will determine compliance with nonopacity
emission standards in this part by evaluation of an owner or operator's
conformance with operation and maintenance requirements, including the
evaluation of monitoring data, as specified in Sec. 63.6(e) and
applicable subparts of this part.
(iii) If an affected source conducts performance testing at startup
to obtain an operating permit in the State in which the source is
located, the results of such testing may be used to demonstrate
compliance with a relevant standard if--
(A) The performance test was conducted within a reasonable amount of
time before an initial performance test is required to be conducted
under the relevant standard;
(B) The performance test was conducted under representative
operating conditions for the source;
(C) The performance test was conducted and the resulting data were
reduced using EPA-approved test methods and procedures, as specified in
Sec. 63.7(e) of this subpart; and
(D) The performance test was appropriately quality-assured, as
specified in Sec. 63.7(c).
(iv) The Administrator will determine compliance with design,
equipment, work practice, or operational emission standards in this part
by review of records, inspection of the source, and other procedures
specified in applicable subparts of this part.
(v) The Administrator will determine compliance with design,
equipment, work practice, or operational emission standards in this part
by evaluation of an owner or operator's conformance with operation and
maintenance requirements, as specified in paragraph (e) of this section
and applicable subparts of this part.
(3) Finding of compliance. The Administrator will make a finding
concerning an affected source's compliance with a non-opacity emission
standard, as specified in paragraphs (f)(1) and (2) of this section,
upon obtaining all the compliance information required by the relevant
standard (including the written reports of performance test results,
[[Page 28]]
monitoring results, and other information, if applicable), and
information available to the Administrator pursuant to paragraph
(e)(1)(i) of this section.
(g) Use of an alternative nonopacity emission standard. (1) If, in
the Administrator's judgment, an owner or operator of an affected source
has established that an alternative means of emission limitation will
achieve a reduction in emissions of a hazardous air pollutant from an
affected source at least equivalent to the reduction in emissions of
that pollutant from that source achieved under any design, equipment,
work practice, or operational emission standard, or combination thereof,
established under this part pursuant to section 112(h) of the Act, the
Administrator will publish in the Federal Register a notice permitting
the use of the alternative emission standard for purposes of compliance
with the promulgated standard. Any Federal Register notice under this
paragraph shall be published only after the public is notified and given
the opportunity to comment. Such notice will restrict the permission to
the stationary source(s) or category(ies) of sources from which the
alternative emission standard will achieve equivalent emission
reductions. The Administrator will condition permission in such notice
on requirements to assure the proper operation and maintenance of
equipment and practices required for compliance with the alternative
emission standard and other requirements, including appropriate quality
assurance and quality control requirements, that are deemed necessary.
(2) An owner or operator requesting permission under this paragraph
shall, unless otherwise specified in an applicable subpart, submit a
proposed test plan or the results of testing and monitoring in
accordance with Sec. 63.7 and Sec. 63.8, a description of the procedures
followed in testing or monitoring, and a description of pertinent
conditions during testing or monitoring. Any testing or monitoring
conducted to request permission to use an alternative nonopacity
emission standard shall be appropriately quality assured and quality
controlled, as specified in Sec. 63.7 and Sec. 63.8.
(3) The Administrator may establish general procedures in an
applicable subpart that accomplish the requirements of paragraphs (g)(1)
and (g)(2) of this section.
(h) Compliance with opacity and visible emission standards--(1)
Applicability. The opacity and visible emission standards set forth in
this part must apply at all times except during periods of startup,
shutdown, and malfunction, and as otherwise specified in an applicable
subpart. If a startup, shutdown, or malfunction of one portion of an
affected source does not affect the ability of particular emission
points within other portions of the affected source to comply with the
opacity and visible emission standards set forth in this part, then that
emission point shall still be required to comply with the opacity and
visible emission standards and other applicable requirements.
(2) Methods for determining compliance. (i) The Administrator will
determine compliance with opacity and visible emission standards in this
part based on the results of the test method specified in an applicable
subpart. Whenever a continuous opacity monitoring system (COMS) is
required to be installed to determine compliance with numerical opacity
emission standards in this part, compliance with opacity emission
standards in this part shall be determined by using the results from the
COMS. Whenever an opacity emission test method is not specified,
compliance with opacity emission standards in this part shall be
determined by conducting observations in accordance with Test Method 9
in appendix A of part 60 of this chapter or the method specified in
paragraph (h)(7)(ii) of this section. Whenever a visible emission test
method is not specified, compliance with visible emission standards in
this part shall be determined by conducting observations in accordance
with Test Method 22 in appendix A of part 60 of this chapter.
(ii) [Reserved]
(iii) If an affected source undergoes opacity or visible emission
testing at startup to obtain an operating permit in the State in which
the source is located, the results of such testing may be used to
demonstrate compliance with a relevant standard if--
[[Page 29]]
(A) The opacity or visible emission test was conducted within a
reasonable amount of time before a performance test is required to be
conducted under the relevant standard;
(B) The opacity or visible emission test was conducted under
representative operating conditions for the source;
(C) The opacity or visible emission test was conducted and the
resulting data were reduced using EPA-approved test methods and
procedures, as specified in Sec. 63.7(e); and
(D) The opacity or visible emission test was appropriately quality-
assured, as specified in Sec. 63.7(c) of this section.
(3) [Reserved]
(4) Notification of opacity or visible emission observations. The
owner or operator of an affected source shall notify the Administrator
in writing of the anticipated date for conducting opacity or visible
emission observations in accordance with Sec. 63.9(f), if such
observations are required for the source by a relevant standard.
(5) Conduct of opacity or visible emission observations. When a
relevant standard under this part includes an opacity or visible
emission standard, the owner or operator of an affected source shall
comply with the following:
(i) For the purpose of demonstrating initial compliance, opacity or
visible emission observations shall be conducted concurrently with the
initial performance test required in Sec. 63.7 unless one of the
following conditions applies:
(A) If no performance test under Sec. 63.7 is required, opacity or
visible emission observations shall be conducted within 60 days after
achieving the maximum production rate at which a new or reconstructed
source will be operated, but not later than 120 days after initial
startup of the source, or within 120 days after the effective date of
the relevant standard in the case of new sources that start up before
the standard's effective date. If no performance test under Sec. 63.7 is
required, opacity or visible emission observations shall be conducted
within 120 days after the compliance date for an existing or modified
source; or
(B) If visibility or other conditions prevent the opacity or visible
emission observations from being conducted concurrently with the initial
performance test required under Sec. 63.7, or within the time period
specified in paragraph (h)(5)(i)(A) of this section, the source's owner
or operator shall reschedule the opacity or visible emission
observations as soon after the initial performance test, or time period,
as possible, but not later than 30 days thereafter, and shall advise the
Administrator of the rescheduled date. The rescheduled opacity or
visible emission observations shall be conducted (to the extent
possible) under the same operating conditions that existed during the
initial performance test conducted under Sec. 63.7. The visible
emissions observer shall determine whether visibility or other
conditions prevent the opacity or visible emission observations from
being made concurrently with the initial performance test in accordance
with procedures contained in Test Method 9 or Test Method 22 in appendix
A of part 60 of this chapter.
(ii) For the purpose of demonstrating initial compliance, the
minimum total time of opacity observations shall be 3 hours (30 6-minute
averages) for the performance test or other required set of observations
(e.g., for fugitive-type emission sources subject only to an opacity
emission standard).
(iii) The owner or operator of an affected source to which an
opacity or visible emission standard in this part applies shall conduct
opacity or visible emission observations in accordance with the
provisions of this section, record the results of the evaluation of
emissions, and report to the Administrator the opacity or visible
emission results in accordance with the provisions of Sec. 63.10(d).
(iv) [Reserved]
(v) Opacity readings of portions of plumes that contain condensed,
uncombined water vapor shall not be used for purposes of determining
compliance with opacity emission standards.
(6) Availability of records. The owner or operator of an affected
source shall make available, upon request by the Administrator, such
records that the Administrator deems necessary to determine the
conditions under which the visual observations were made and
[[Page 30]]
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.
(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--
[[Page 31]]
(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 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
[[Page 32]]
such permit or apply to have the source's title V permit revised to
incorporate the conditions of the extension of compliance. The
conditions of an extension of compliance granted under this paragraph
will be incorporated into the affected source's title V permit according
to the provisions of part 70 or Federal title V regulations in this
chapter (42 U.S.C. 7661), whichever are applicable.
(B) Any request under this paragraph for an extension of compliance
with a relevant standard must be submitted in writing to the appropriate
authority no later than 120 days prior to the affected source's
compliance date (as specified in paragraphs (b) and (c) of this
section), except as provided for in paragraph (i)(4)(i)(C) of this
section. Nonfrivolous requests submitted under this paragraph will stay
the applicability of the rule as to the emission points in question
until such time as the request is granted or denied. A denial will be
effective as of the date of denial. Emission standards established under
this part may specify alternative dates for the submittal of requests
for an extension of compliance if alternatives are appropriate for the
source categories affected by those standards.
(C) An owner or operator may submit a compliance extension request
after the date specified in paragraph (i)(4)(i)(B) of this section
provided the need for the compliance extension arose after that date,
and before the otherwise applicable compliance date and the need arose
due to circumstances beyond reasonable control of the owner or operator.
This request must include, in addition to the information required in
paragraph (i)(6)(i) of this section, a statement of the reasons
additional time is needed and the date when the owner or operator first
learned of the problems. Nonfrivolous requests submitted under this
paragraph will stay the applicability of the rule as to the emission
points in question until such time as the request is granted or denied.
A denial will be effective as of the original compliance date.
(ii) The owner or operator of an existing source unable to comply
with a relevant standard established under this part pursuant to section
112(f) of the Act may request that the Administrator grant an extension
allowing the source up to 2 years after the standard's effective date to
comply with the standard. The Administrator may grant such an extension
if he/she finds that such additional period is necessary for the
installation of controls and that steps will be taken during the period
of the extension to assure that the health of persons will be protected
from imminent endangerment. Any request for an extension of compliance
with a relevant standard under this paragraph must be submitted in
writing to the Administrator not later than 90 calendar days after the
effective date of the relevant standard.
(5) The owner or operator of an existing source that has installed
BACT or technology required to meet LAER [as specified in paragraph
(i)(2)(ii) of this section] prior to the promulgation of a relevant
emission standard in this part may request that the Administrator grant
an extension allowing the source 5 years from the date on which such
installation was achieved, as determined by the Administrator, to comply
with the standard. Any request for an extension of compliance with a
relevant standard under this paragraph shall be submitted in writing to
the Administrator not later than 120 days after the promulgation date of
the standard. The Administrator may grant such an extension if he or she
finds that the installation of BACT or technology to meet LAER controls
the same pollutant (or stream of pollutants) that would be controlled at
that source by the relevant emission standard.
(6)(i) The request for a compliance extension under paragraph (i)(4)
of this section shall include the following information:
(A) A description of the controls to be installed to comply with the
standard;
(B) A compliance schedule, including the date by which each step
toward compliance will be reached. At a minimum, the list of dates shall
include:
(1) The date by which on-site construction, installation of emission
control equipment, or a process change is planned to be initiated; and
(2) The date by which final compliance is to be achieved.
[[Page 33]]
(3) The date by which on-site construction, installation of emission
control equipment, or a process change is to be completed; and
(4) The date by which final compliance is to be achieved;
(C)--(D)
(ii) The request for a compliance extension under paragraph (i)(5)
of this section shall include all information needed to demonstrate to
the Administrator's satisfaction that the installation of BACT or
technology to meet LAER controls the same pollutant (or stream of
pollutants) that would be controlled at that source by the relevant
emission standard.
(7) Advice on requesting an extension of compliance may be obtained
from the Administrator (or the State with an approved permit program).
(8) Approval of request for extension of compliance. Paragraphs
(i)(9) through (i)(14) of this section concern approval of an extension
of compliance requested under paragraphs (i)(4) through (i)(6) of this
section.
(9) Based on the information provided in any request made under
paragraphs (i)(4) through (i)(6) of this section, or other information,
the Administrator (or the State with an approved permit program) may
grant an extension of compliance with an emission standard, as specified
in paragraphs (i)(4) and (i)(5) of this section.
(10) The extension will be in writing and will--
(i) Identify each affected source covered by the extension;
(ii) Specify the termination date of the extension;
(iii) Specify the dates by which steps toward compliance are to be
taken, if appropriate;
(iv) Specify other applicable requirements to which the compliance
extension applies (e.g., performance tests); and
(v)(A) Under paragraph (i)(4), specify any additional conditions
that the Administrator (or the State) deems necessary to assure
installation of the necessary controls and protection of the health of
persons during the extension period; or
(B) Under paragraph (i)(5), specify any additional conditions that
the Administrator deems necessary to assure the proper operation and
maintenance of the installed controls during the extension period.
(11) The owner or operator of an existing source that has been
granted an extension of compliance under paragraph (i)(10) of this
section may be required to submit to the Administrator (or the State
with an approved permit program) progress reports indicating whether the
steps toward compliance outlined in the compliance schedule have been
reached. The contents of the progress reports and the dates by which
they shall be submitted will be specified in the written extension of
compliance granted under paragraph (i)(10) of this section.
(12)(i) The Administrator (or the State with an approved permit
program) will notify the owner or operator in writing of approval or
intention to deny approval of a request for an extension of compliance
within 30 calendar days after receipt of sufficient information to
evaluate a request submitted under paragraph (i)(4)(i) or (i)(5) of this
section. The Administrator (or the State) will notify the owner or
operator in writing of the status of his/her application, that is,
whether the application contains sufficient information to make a
determination, within 30 calendar days after receipt of the original
application and within 30 calendar days after receipt of any
supplementary information that is submitted. The 30-day approval or
denial period will begin after the owner or operator has been notified
in writing that his/her application is complete.
(ii) When notifying the owner or operator that his/her application
is not complete, the Administrator will specify the information needed
to complete the application and provide notice of opportunity for the
applicant to present, in writing, within 30 calendar days after he/she
is notified of the incomplete application, additional information or
arguments to the Administrator to enable further action on the
application.
(iii) Before denying any request for an extension of compliance, the
Administrator (or the State with an approved permit program) will notify
the
[[Page 34]]
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 paragraph (i)(10)(iii) or (iv)
of this section is not met. Upon a determination to terminate, the
Administrator will notify, in writing, the owner or operator of the
Administrator's determination to terminate, together with:
(i) Notice of the reason for termination; and
(ii) Notice of opportunity for the owner or operator to present in
writing, within 15 calendar days after he/she is notified of the
determination to terminate, additional information or arguments to the
Administrator before further action on the termination.
(iii) A final determination to terminate an extension of compliance
will be in writing and will set forth the specific grounds on which the
termination is based. The final determination will be made within 30
calendar days after presentation of additional information or arguments,
or within 30 calendar days after the final date specified for the
presentation if no presentation is made.
(15) [Reserved]
[[Page 35]]
(16) The granting of an extension under this section shall not
abrogate the Administrator's authority under section 114 of the Act.
(j) Exemption from compliance with emission standards. The President
may exempt any stationary source from compliance with any relevant
standard established pursuant to section 112 of the Act for a period of
not more than 2 years if the President determines that the technology to
implement such standard is not available and that it is in the national
security interests of the United States to do so. An exemption under
this paragraph may be extended for 1 or more additional periods, each
period not to exceed 2 years.
[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16599, Apr. 5, 2002; 68
FR 32600, May 30, 2003]
Sec. 63.7 Performance testing requirements.
(a) Applicability and performance test dates. (1) The applicability
of this section is set out in Sec. 63.1(a)(4).
(2) If required to do performance testing by a relevant standard,
and unless a waiver of performance testing is obtained under this
section or the conditions of paragraph (c)(3)(ii)(B) of this section
apply, the owner or operator of the affected source must perform such
tests within 180 days of the compliance date for such source.
(i)-(viii) [Reserved]
(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 must notify the Administrator in writing of his or
her intention to conduct a performance test at least 60 calendar days
before the performance test is initially scheduled to begin to allow the
Administrator, upon request, to review an approve the site-specific test
plan required under paragraph (c) of this section and to have an
observer present during the test.
(2) In the event the owner or operator is unable to conduct the
performance test on the date specified in the notification requirement
specified in paragraph (b)(1) of this section due to unforeseeable
circumstances beyond his or her control, the owner or operator must
notify the Administrator as soon as practicable and without delay prior
to the scheduled performance test date and specify the date when the
performance test is rescheduled. This notification of delay in
conducting the performance test shall not relieve the owner or operator
of legal responsibility for compliance with any other applicable
provisions of this part or with any other applicable Federal, State, or
local requirement, nor will it 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
[[Page 36]]
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 or with only minor
changes to those tests methods (see paragraph (e)(2)(i) of this
section), the owner or operator must conduct the performance test within
the time specified in this section using the specified method(s);
(B) If the owner or operator intends to demonstrate compliance by
using an alternative to any test method specified in the relevant
standard, the owner or operator is authorized to conduct the performance
test using an alternative test method after the Administrator approves
the use of the alternative method when the Administrator approves the
site-specific test plan (if review of the site-specific test plan is
requested) or after the alternative method is approved (see paragraph
(f) of this section). However, the owner or operator is authorized to
conduct the performance test using an alternative method in the absence
of notification of approval 45 days after submission of the site-
specific test plan or request to use an alternative method. The owner or
operator is authorized to conduct the performance test within 60
calendar days after he/she is authorized to demonstrate compliance using
an alternative test method. Notwithstanding the requirements in the
preceding three sentences, the owner or operator may proceed to conduct
the performance test as required in this section (without the
Administrator's prior approval of the site-specific test plan) if he/she
subsequently chooses to
[[Page 37]]
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
must analyze performance audit (PA) samples during each performance
test. The owner or operator must request performance audit materials 30
days prior to the test date. Audit materials including cylinder audit
gases may be obtained by contacting the appropriate EPA Regional Office
or the responsible enforcement authority.
(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 under such conditions as the Administrator specifies to the
owner or operator based on representative performance (i.e., performance
based on normal operating conditions) of the affected source. Operations
during periods of startup, shutdown, and malfunction shall not
constitute representative conditions for the purpose of a performance
test, nor shall emissions in excess of the level of the relevant
standard during periods of startup, shutdown, and malfunction be
considered a violation of the relevant standard unless otherwise
specified in the relevant standard or a determination of noncompliance
is made under Sec. 63.6(e). Upon request, the owner or operator shall
make available to the Administrator such records as may be necessary to
determine the conditions of performance tests.
(2) Performance tests shall be conducted and data shall be reduced
in accordance with the test methods and procedures set forth in this
section, in each relevant standard, and, if required, in applicable
appendices of parts 51, 60, 61, and 63 of this chapter unless the
Administrator--
(i) Specifies or approves, in specific cases, the use of a test
method with minor changes in methodology (see definition in
Sec. 63.90(a)). Such changes may be approved in conjunction with
approval of the site-specific test plan (see paragraph (c) of this
section); or
(ii) Approves the use of an intermediate or major change or
alternative to a test method (see definitions in
[[Page 38]]
Sec. 63.90(a)), the results of which the Administrator has determined to
be adequate for indicating whether a specific affected source is in
compliance; or
(iii) Approves shorter sampling times or smaller sample volumes when
necessitated by process variables or other factors; or
(iv) Waives the requirement for performance tests because the owner
or operator of an affected source has demonstrated by other means to the
Administrator's satisfaction that the affected source is in compliance
with the relevant standard.
(3) Unless otherwise specified in a relevant standard or test
method, each performance test shall consist of three separate runs using
the applicable test method. Each run shall be conducted for the time and
under the conditions specified in the relevant standard. For the purpose
of determining compliance with a relevant standard, the arithmetic mean
of the results of the three runs shall apply. Upon receiving approval
from the Administrator, results of a test run may be replaced with
results of an additional test run in the event that--
(i) A sample is accidentally lost after the testing team leaves the
site; or
(ii) Conditions occur in which one of the three runs must be
discontinued because of forced shutdown; or
(iii) Extreme meteorological conditions occur; or
(iv) Other circumstances occur that are beyond the owner or
operator's control.
(4) Nothing in paragraphs (e)(1) through (e)(3) of this section
shall be construed to abrogate the Administrator's authority to require
testing under section 114 of the Act.
(f) Use of an alternative test method--(1)General. Until authorized
to use an intermediate or major change or alternative to a test method,
the owner or operator of an affected source remains subject to the
requirements of this section and the relevant standard.
(2) The owner or operator of an affected source required to do
performance testing by a relevant standard may use an alternative test
method from that specified in the standard provided that the owner or
operator--
(i) Notifies the Administrator of his or her intention to use an
alternative test method at least 60 days before the performance test is
scheduled to begin;
(ii) Uses Method 301 in appendix A of this part to validate the
alternative test method. This may include the use of specific procedures
of Method 301 if use of such procedures are sufficient to validate the
alternative test method; and
(iii) Submits the results of the Method 301 validation process along
with thnotification of intention and the justification for not using the
specified test method. The owner or operator may submit the information
required in this paragraph well in advance of the deadline specified in
paragraph (f)(2)(i) of this section to ensure a timely review by the
Administrator in order to meet the performance test date specified in
this section or the relevant standard.
(3) The Administrator will determine whether the owner or operator's
validation of the proposed alternative test method is adequate and issue
an approval or disapproval of the alternative test method. If the owner
or operator intends to demonstrate compliance by using an alternative to
any test method specified in the relevant standard, the owner or
operator is authorized to conduct the performance test using an
alternative test method after the Administrator approves the use of the
alternative method. However, the owner or operator is authorized to
conduct the performance test using an alternative method in the absence
of notification of approval/disapproval 45 days after submission of the
request to use an alternative method and the request satisfies the
requirements in paragraph (f)(2) of this section. The owner or operator
is authorized to conduct the performance test within 60 calendar days
after he/she is authorized to demonstrate compliance using an
alternative test method. Notwithstanding the requirements in the
preceding three sentences, the owner or operator may proceed to conduct
the performance test as required in this section (without the
Administrator's prior approval of the site-specific test plan) if he/she
subsequently chooses to use the
[[Page 39]]
specified testing and monitoring methods instead of an alternative.
(4) If the Administrator finds reasonable grounds to dispute the
results obtained by an alternative test method for the purposes of
demonstrating compliance with a relevant standard, the Administrator may
require the use of a test method specified in a relevant standard.
(5) If the owner or operator uses an alternative test method for an
affected source during a required performance test, the owner or
operator of such source shall continue to use the alternative test
method for subsequent performance tests at that affected source until he
or she receives approval from the Administrator to use another test
method as allowed under Sec. 63.7(f).
(6) Neither the validation and approval process nor the failure to
validate an alternative test method shall abrogate the owner or
operator's responsibility to comply with the requirements of this part.
(g) Data analysis, recordkeeping, and reporting. (1) Unless
otherwise specified in a relevant standard or test method, or as
otherwise approved by the Administrator in writing, results of a
performance test shall include the analysis of samples, determination of
emissions, and raw data. A performance test is ``completed'' when field
sample collection is terminated. The owner or operator of an affected
source shall report the results of the performance test to the
Administrator before the close of business on the 60th day following the
completion of the performance test, unless specified otherwise in a
relevant standard or as approved otherwise in writing by the
Administrator (see Sec. 63.9(i)). The results of the performance test
shall be submitted as part of the notification of compliance status
required under Sec. 63.9(h). Before a title V permit has been issued to
the owner or operator of an affected source, the owner or operator shall
send the results of the performance test to the Administrator. After a
title V permit has been issued to the owner or operator of an affected
source, the owner or operator shall send the results of the performance
test to the appropriate permitting authority.
(2) [Reserved]
(3) For a minimum of 5 years after a performance test is conducted,
the owner or operator shall retain and make available, upon request, for
inspection by the Administrator the records or results of such
performance test and other data needed to determine emissions from an
affected source.
(h) Waiver of performance tests. (1) Until a waiver of a performance
testing requirement has been granted by the Administrator under this
paragraph, the owner or operator of an affected source remains subject
to the requirements of this section.
(2) Individual performance tests may be waived upon written
application to the Administrator if, in the Administrator's judgment,
the source is meeting the relevant standard(s) on a continuous basis, or
the source is being operated under an extension of compliance, or the
owner or operator has requested an extension of compliance and the
Administrator is still considering that request.
(3) Request to waive a performance test. (i) If a request is made
for an extension of compliance under Sec. 63.6(i), the application for a
waiver of an initial performance test shall accompany the information
required for the request for an extension of compliance. If no extension
of compliance is requested or if the owner or operator has requested an
extension of compliance and the Administrator is still considering that
request, the application for a waiver of an initial performance test
shall be submitted at least 60 days before the performance test if the
site-specific test plan under paragraph (c) of this section is not
submitted.
(ii) If an application for a waiver of a subsequent performance test
is made, the application may accompany any required compliance progress
report, compliance status report, or excess emissions and continuous
monitoring system performance report [such as those required under
Sec. 63.6(i), Sec. 63.9(h), and Sec. 63.10(e) or specified in a relevant
standard or in the source's title V permit], but it shall be submitted
at least 60 days before the performance test if the site-specific test
plan required under paragraph (c) of this section is not submitted.
[[Page 40]]
(iii) Any application for a waiver of a performance test shall
include information justifying the owner or operator's request for a
waiver, such as the technical or economic infeasibility, or the
impracticality, of the affected source performing the required test.
(4) Approval of request to waive performance test. The Administrator
will approve or deny a request for a waiver of a performance test made
under paragraph (h)(3) of this section when he/she--
(i) Approves or denies an extension of compliance under
Sec. 63.6(i)(8); or
(ii) Approves or disapproves a site-specific test plan under
Sec. 63.7(c)(3); or
(iii) Makes a determination of compliance following the submission
of a required compliance status report or excess emissions and
continuous monitoring systems performance report; or
(iv) Makes a determination of suitable progress towards compliance
following the submission of a compliance progress report, whichever is
applicable.
(5) Approval of any waiver granted under this section shall not
abrogate the Administrator's authority under the Act or in any way
prohibit the Administrator from later canceling the waiver. The
cancellation will be made only after notice is given to the owner or
operator of the affected source.
[59 FR 12430, Mar. 16, 1994, as amended at 65 FR 62215, Oct. 17, 2000;
67 FR 16602, Apr. 5, 2002]
Sec. 63.8 Monitoring requirements.
(a) Applicability. (1) The applicability of this section is set out
in Sec. 63.1(a)(4).
(2) For the purposes of this part, all CMS required under relevant
standards shall be subject to the provisions of this section upon
promulgation of performance specifications for CMS as specified in the
relevant standard or otherwise by the Administrator.
(3) [Reserved]
(4) Additional monitoring requirements for control devices used to
comply with provisions in relevant standards of this part are specified
in Sec. 63.11.
(b) Conduct of monitoring. (1) Monitoring shall be conducted as set
forth in this section and the relevant standard(s) unless the
Administrator--
(i) Specifies or approves the use of minor changes in methodology
for the specified monitoring requirements and procedures (see
Sec. 63.90(a) for definition); or
(ii) Approves the use of an intermediate or major change or
alternative to any monitoring requirements or procedures (see
Sec. 63.90(a) for definition).
(iii) Owners or operators with flares subject to Sec. 63.11(b) are
not subject to the requirements of this section unless otherwise
specified in the relevant standard.
(2)(i) When the emissions from two or more affected sources are
combined before being released to the atmosphere, the owner or operator
may install an applicable CMS for each emission stream or for the
combined emissions streams, provided the monitoring is sufficient to
demonstrate compliance with the relevant standard.
(ii) If the relevant standard is a mass emission standard and the
emissions from one affected source are released to the atmosphere
through more than one point, the owner or operator must install an
applicable CMS at each emission point unless the installation of fewer
systems is--
(A) Approved by the Administrator; or
(B) Provided for in a relevant standard (e.g., instead of requiring
that a CMS be installed at each emission point before the effluents from
those points are channeled to a common control device, the standard
specifies that only one CMS is required to be installed at the vent of
the control device).
(3) When more than one CMS is used to measure the emissions from one
affected source (e.g., multiple breechings, multiple outlets), the owner
or operator shall report the results as required for each CMS. However,
when one CMS is used as a backup to another CMS, the owner or operator
shall report the results from the CMS used to meet the monitoring
requirements of this part. If both such CMS are used during a particular
reporting period to meet the monitoring requirements of this part, then
the owner or operator shall report the results from each CMS for the
relevant compliance period.
[[Page 41]]
(c) Operation and maintenance of continuous monitoring systems. (1)
The owner or operator of an affected source shall maintain and operate
each CMS as specified in this section, or in a relevant standard, and in
a manner consistent with good air pollution control practices.(i) The
owner or operator of an affected source must maintain and operate each
CMS as specified in Sec. 63.6(e)(1).
(ii) The owner or operator must keep the necessary parts for routine
repairs of the affected CMS equipment readily available.
(iii) The owner or operator of an affected source must develop and
implement a written startup, shutdown, and malfunction plan for CMS as
specified in Sec. 63.6(e)(3).
(2)(i) All CMS must be installed such that representative measures
of emissions or process parameters from the affected source are
obtained. In addition, CEMS must be located according to procedures
contained in the applicable performance specification(s).
(ii) Unless the individual subpart states otherwise, the owner or
operator must ensure the read out (that portion of the CMS that provides
a visual display or record), or other indication of operation, from any
CMS required for compliance with the emission standard is readily
accessible on site for operational control or inspection by the operator
of the equipment.
(3) All CMS shall be installed, operational, and the data verified
as specified in the relevant standard either prior to or in conjunction
with conducting performance tests under Sec. 63.7. Verification of
operational status shall, at a minimum, include completion of the
manufacturer's written specifications or recommendations for
installation, operation, and calibration of the system.
(4) Except for system breakdowns, out-of-control periods, repairs,
maintenance periods, calibration checks, and zero (low-level) and high-
level calibration drift adjustments, all CMS, including COMS and CEMS,
shall be in continuous operation and shall meet minimum frequency of
operation requirements as follows:
(i) All COMS shall complete a minimum of one cycle of sampling and
analyzing for each successive 10-second period and one cycle of data
recording for each successive 6-minute period.
(ii) All CEMS for measuring emissions other than opacity shall
complete a minimum of one cycle of operation (sampling, analyzing, and
data recording) for each successive 15-minute period.
(5) Unless otherwise approved by the Administrator, minimum
procedures for COMS shall include a method for producing a simulated
zero opacity condition and an upscale (high-level) opacity condition
using a certified neutral density filter or other related technique to
produce a known obscuration of the light beam. Such procedures shall
provide a system check of all the analyzer's internal optical surfaces
and all electronic circuitry, including the lamp and photodetector
assembly normally used in the measurement of opacity.
(6) The owner or operator of a CMS that is not a CPMS, which is
installed in accordance with the provisions of this part and the
applicable CMS performance specification(s), must check the zero (low-
level) and high-level calibration drifts at least once daily in
accordance with the written procedure specified in the performance
evaluation plan developed under paragraphs (e)(3)(i) and (ii) of this
section. The zero (low-level) and high-level calibration drifts must be
adjusted, at a minimum, whenever the 24-hour zero (low-level) drift
exceeds two times the limits of the applicable performance
specification(s) specified in the relevant standard. The system shall
allow the amount of excess zero (low-level) and high-level drift
measured at the 24-hour interval checks to be recorded and quantified
whenever specified. For COMS, all optical and instrumental surfaces
exposed to the effluent gases must be cleaned prior to performing the
zero (low-level) and high-level drift adjustments; the optical surfaces
and instrumental surfaces must be cleaned when the cumulative automatic
zero compensation, if applicable, exceeds 4 percent opacity. The CPMS
must be calibrated prior to use for the purposes of complying with this
section. The CPMS must be checked daily for indication that the system
is responding. If
[[Page 42]]
the CPMS system includes an internal system check, results must be
recorded and checked daily for proper operation.
(7)(i) A CMS is out of control if--
(A) The zero (low-level), mid-level (if applicable), or high-level
calibration drift (CD) exceeds two times the applicable CD specification
in the applicable performance specification or in the relevant standard;
or
(B) The CMS fails a performance test audit (e.g., cylinder gas
audit), relative accuracy audit, relative accuracy test audit, or
linearity test audit; or
(C) The COMS CD exceeds two times the limit in the applicable
performance specification in the relevant standard.
(ii) When the CMS is out of control, the owner or operator of the
affected source shall take the necessary corrective action and shall
repeat all necessary tests which indicate that the system is out of
control. The owner or operator shall take corrective action and conduct
retesting until the performance requirements are below the applicable
limits. The beginning of the out-of-control period is the hour the owner
or operator conducts a performance check (e.g., calibration drift) that
indicates an exceedance of the performance requirements established
under this part. The end of the out-of-control period is the hour
following the completion of corrective action and successful
demonstration that the system is within the allowable limits. During the
period the CMS is out of control, recorded data shall not be used in
data averages and calculations, or to meet any data availability
requirement established under this part.
(8) The owner or operator of a CMS that is out of control as defined
in paragraph (c)(7) of this section shall submit all information
concerning out-of-control periods, including start and end dates and
hours and descriptions of corrective actions taken, in the excess
emissions and continuous monitoring system performance report required
in Sec. 63.10(e)(3).
(d) Quality control program. (1) The results of the quality control
program required in this paragraph will be considered by the
Administrator when he/she determines the validity of monitoring data.
(2) The owner or operator of an affected source that is required to
use a CMS and is subject to the monitoring requirements of this section
and a relevant standard shall develop and implement a CMS quality
control program. As part of the quality control program, the owner or
operator shall develop and submit to the Administrator for approval upon
request a site-specific performance evaluation test plan for the CMS
performance evaluation required in paragraph (e)(3)(i) of this section,
according to the procedures specified in paragraph (e). In addition,
each quality control program shall include, at a minimum, a written
protocol that describes procedures for each of the following operations:
(i) Initial and any subsequent calibration of the CMS;
(ii) Determination and adjustment of the calibration drift of the
CMS;
(iii) Preventive maintenance of the CMS, including spare parts
inventory;
(iv) Data recording, calculations, and reporting;
(v) Accuracy audit procedures, including sampling and analysis
methods; and
(vi) Program of corrective action for a malfunctioning CMS.
(3) The owner or operator shall keep these written procedures on
record for the life of the affected source or until the affected source
is no longer subject to the provisions of this part, to be made
available for inspection, upon request, by the Administrator. If the
performance evaluation plan is revised, the owner or operator shall keep
previous (i.e., superseded) versions of the performance evaluation plan
on record to be made available for inspection, upon request, by the
Administrator, for a period of 5 years after each revision to the plan.
Where relevant, e.g., program of corrective action for a malfunctioning
CMS, these written procedures may be incorporated as part of the
affected source's startup, shutdown, and malfunction plan to avoid
duplication of planning and recordkeeping efforts.
(e) Performance evaluation of continuous monitoring systems--(1)
General. When required by a relevant standard, and at any other time the
Administrator may require under section 114 of
[[Page 43]]
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 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
[[Page 44]]
part or with any other applicable Federal, State, or local requirement;
or
(B) Prevent the Administrator from implementing or enforcing this
part or taking any other action under the Act.
(4) Conduct of performance evaluation and performance evaluation
dates. The owner or operator of an affected source shall conduct a
performance evaluation of a required CMS during any performance test
required under Sec. 63.7 in accordance with the applicable performance
specification as specified in the relevant standard. Notwithstanding the
requirement in the previous sentence, if the owner or operator of an
affected source elects to submit COMS data for compliance with a
relevant opacity emission standard as provided under Sec. 63.6(h)(7),
he/she shall conduct a performance evaluation of the COMS as specified
in the relevant standard, before the performance test required under
Sec. 63.7 is conducted in time to submit the results of the performance
evaluation as specified in paragraph (e)(5)(ii) of this section. If a
performance test is not required, or the requirement for a performance
test has been waived under Sec. 63.7(h), the owner or operator of an
affected source shall conduct the performance evaluation not later than
180 days after the appropriate compliance date for the affected source,
as specified in Sec. 63.7(a), or as otherwise specified in the relevant
standard.
(5) Reporting performance evaluation results. (i) The owner or
operator shall furnish the Administrator a copy of a written report of
the results of the performance evaluation simultaneously with the
results of the performance test required under Sec. 63.7 or within 60
days of completion of the performance evaluation if no test is required,
unless otherwise specified in a relevant standard. The Administrator may
request that the owner or operator submit the raw data from a
performance evaluation in the report of the performance evaluation
results.
(ii) The owner or operator of an affected source using a COMS to
determine opacity compliance during any performance test required under
Sec. 63.7 and described in Sec. 63.6(d)(6) shall furnish the
Administrator two or, upon request, three copies of a written report of
the results of the COMS performance evaluation under this paragraph. The
copies shall be provided at least 15 calendar days before the
performance test required under Sec. 63.7 is conducted.
(f) Use of an alternative monitoring method.--(1) General. Until
permission to use an alternative monitoring procedure (minor,
intermediate, or major changes; see definition in Sec. 63.90(a)) has
been granted by the Administrator under this paragraph (f)(1), the owner
or operator of an affected source remains subject to the requirements of
this section and the relevant standard.
(2) After receipt and consideration of written application, the
Administrator may approve alternatives to any monitoring methods or
procedures of this part including, but not limited to, the following:
(i) Alternative monitoring requirements when installation of a CMS
specified by a relevant standard would not provide accurate measurements
due to liquid water or other interferences caused by substances within
the effluent gases;
(ii) Alternative monitoring requirements when the affected source is
infrequently operated;
(iii) Alternative monitoring requirements to accommodate CEMS that
require additional measurements to correct for stack moisture
conditions;
(iv) Alternative locations for installing CMS when the owner or
operator can demonstrate that installation at alternate locations will
enable accurate and representative measurements;
(v) Alternate methods for converting pollutant concentration
measurements to units of the relevant standard;
(vi) Alternate procedures for performing daily checks of zero (low-
level) and high-level drift that do not involve use of high-level gases
or test cells;
(vii) Alternatives to the American Society for Testing and Materials
(ASTM) test methods or sampling procedures specified by any relevant
standard;
(viii) Alternative CMS that do not meet the design or performance
requirements in this part, but adequately demonstrate a definite and
consistent
[[Page 45]]
relationship between their measurements and the measurements of opacity
by a system complying with the requirements as specified in the relevant
standard. The Administrator may require that such demonstration be
performed for each affected source; or
(ix) Alternative monitoring requirements when the effluent from a
single affected source or the combined effluent from two or more
affected sources is released to the atmosphere through more than one
point.
(3) If the Administrator finds reasonable grounds to dispute the
results obtained by an alternative monitoring method, requirement, or
procedure, the Administrator may require the use of a method,
requirement, or procedure specified in this section or in the relevant
standard. If the results of the specified and alternative method,
requirement, or procedure do not agree, the results obtained by the
specified method, requirement, or procedure shall prevail.
(4)(i) Request to use alternative monitoring procedure. An owner or
operator who wishes to use an alternative monitoring procedure must
submit an application to the Administrator as described in paragraph
(f)(4)(ii) of this section. The application may be submitted at any time
provided that the monitoring procedure is not the performance test
method used to demonstrate compliance with a relevant standard or other
requirement. If the alternative monitoring procedure will serve as the
performance test method that is to be used to demonstrate compliance
with a relevant standard, the application must be submitted at least 60
days before the performance evaluation is scheduled to begin and must
meet the requirements for an alternative test method under Sec. 63.7(f).
(ii) The application must contain a description of the proposed
alternative monitoring system which addresses the four elements
contained in the definition of monitoring in Sec. 63.2 and a performance
evaluation test plan, if required, as specified in paragraph (e)(3) of
this section. In addition, the application must include information
justifying the owner or operator's request for an alternative monitoring
method, such as the technical or economic infeasibility, or the
impracticality, of the affected source using the required method.
(iii) The owner or operator may submit the information required in
this paragraph well in advance of the submittal dates specified in
paragraph (f)(4)(i) above to ensure a timely review by the Administrator
in order to meet the compliance demonstration date specified in this
section or the relevant standard.
(iv) Application for minor changes to monitoring procedures, as
specified in paragraph (b)(1) of this section, may be made in the site-
specific performance evaluation plan.
(5) Approval of request to use alternative monitoring procedure.
(i) The Administrator will notify the owner or operator of approval
or intention to deny approval of the request to use an alternative
monitoring method within 30 calendar days after receipt of the original
request and within 30 calendar days after receipt of any supplementary
information that is submitted. If a request for a minor change is made
in conjunction with site-specific performance evaluation plan, then
approval of the plan will constitute approval of the minor change.
Before disapproving any request to use an alternative monitoring method,
the Administrator will notify the applicant of the Administrator's
intention to disapprove the request together with--
(A) Notice of the information and findings on which the intended
disapproval is based; and
(B) Notice of opportunity for the owner or operator to present
additional information to the Administrator before final action on the
request. At the time the Administrator notifies the applicant of his or
her intention to disapprove the request, the Administrator will specify
how much time the owner or operator will have after being notified of
the intended disapproval to submit the additional information.
(ii) The Administrator may establish general procedures and criteria
in a relevant standard to accomplish the requirements of paragraph
(f)(5)(i) of this section.
(iii) If the Administrator approves the use of an alternative
monitoring method for an affected source under
[[Page 46]]
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 cause of the increased emissions. The
Administrator will review the notification and may rescind permission to
use an alternative and require the owner or operator to conduct a
relative accuracy test of the CEMS as specified in section 7 of
Performance Specification 2.
(g) Reduction of monitoring data. (1) The owner or operator of each
CMS must reduce the monitoring data as specified in paragraphs (g)(1)
through (5) of this section.
(2) The owner or operator of each COMS shall reduce all data to 6-
minute averages calculated from 36 or more data points equally spaced
over each 6-minute period. Data from CEMS for
[[Page 47]]
measurement other than opacity, unless otherwise specified in the
relevant standard, shall be reduced to 1-hour averages computed from
four or more data points equally spaced over each 1-hour period, except
during periods when calibration, quality assurance, or maintenance
activities pursuant to provisions of this part are being performed.
During these periods, a valid hourly average shall consist of at least
two data points with each representing a 15-minute period.
Alternatively, an arithmetic or integrated 1-hour average of CEMS data
may be used. Time periods for averaging are defined in Sec. 63.2.
(3) The data may be recorded in reduced or nonreduced form (e.g.,
ppm pollutant and percent O2 or ng/J of pollutant).
(4) All emission data shall be converted into units of the relevant
standard for reporting purposes using the conversion procedures
specified in that standard. After conversion into units of the relevant
standard, the data may be rounded to the same number of significant
digits as used in that standard to specify the emission limit (e.g.,
rounded to the nearest 1 percent opacity).
(5) Monitoring data recorded during periods of unavoidable CMS
breakdowns, out-of-control periods, repairs, maintenance periods,
calibration checks, and zero (low-level) and high-level adjustments must
not be included in any data average computed under this part. For the
owner or operator complying with the requirements of
Sec. 63.10(b)(2)(vii)(A) or (B), data averages must include any data
recorded during periods of monitor breakdown or malfunction.
[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67
FR 16603, Apr. 5, 2002]
Sec. 63.9 Notification requirements.
(a) Applicability and general information. (1) The applicability of
this section is set out in Sec. 63.1(a)(4).
(2) For affected sources that have been granted an extension of
compliance under subpart D of this part, the requirements of this
section do not apply to those sources while they are operating under
such compliance extensions.
(3) If any State requires a notice that contains all the information
required in a notification listed in this section, the owner or operator
may send the Administrator a copy of the notice sent to the State to
satisfy the requirements of this section for that notification.
(4)(i) Before a State has been delegated the authority to implement
and enforce notification requirements established under this part, the
owner or operator of an affected source in such State subject to such
requirements shall submit notifications to the appropriate Regional
Office of the EPA (to the attention of the Director of the Division
indicated in the list of the EPA Regional Offices in Sec. 63.13).
(ii) After a State has been delegated the authority to implement and
enforce notification requirements established under this part, the owner
or operator of an affected source in such State subject to such
requirements shall submit notifications to the delegated State authority
(which may be the same as the permitting authority). In addition, if the
delegated (permitting) authority is the State, the owner or operator
shall send a copy of each notification submitted to the State to the
appropriate Regional Office of the EPA, as specified in paragraph
(a)(4)(i) of this section. The Regional Office may waive this
requirement for any notifications at its discretion.
(b) Initial notifications. (1)(i) The requirements of this paragraph
apply to the owner or operator of an affected source when such source
becomes subject to a relevant standard.
(ii) If an area source that otherwise would be subject to an
emission standard or other requirement established under this part if it
were a major source subsequently increases its emissions of hazardous
air pollutants (or its potential to emit hazardous air pollutants) such
that the source is a major source that is subject to the emission
standard or other requirement, such source shall be subject to the
notification requirements of this section.
(iii) Affected sources that are required under this paragraph to
submit
[[Page 48]]
an initial notification may use the application for approval of
construction or reconstruction under Sec. 63.5(d) of this subpart, if
relevant, to fulfill the initial notification requirements of this
paragraph.
(2) The owner or operator of an affected source that has an initial
startup before the effective date of a relevant standard under this part
shall notify the Administrator in writing that the source is subject to
the relevant standard. The notification, which shall be submitted not
later than 120 calendar days after the effective date of the relevant
standard (or within 120 calendar days after the source becomes subject
to the relevant standard), shall provide the following information:
(i) The name and address of the owner or operator;
(ii) The address (i.e., physical location) of the affected source;
(iii) An identification of the relevant standard, or other
requirement, that is the basis of the notification and the source's
compliance date;
(iv) A brief description of the nature, size, design, and method of
operation of the source and an identification of the types of emission
points within the affected source subject to the relevant standard and
types of hazardous air pollutants emitted; and
(v) A statement of whether the affected source is a major source or
an area source.
(3) [Reserved]
(4) The owner or operator of a new or reconstructed major affected
source for which an application for approval of construction or
reconstruction is required under Sec. 63.5(d) must provide the following
information in writing to the Administrator:
(i) A notification of intention to construct a new major-emitting
affected source, reconstruct a major-emitting affected source, or
reconstruct a major source such that the source becomes a major-emitting
affected source with the application for approval of construction or
reconstruction as specified in Sec. 63.5(d)(1)(i); and
(ii)--(iv) [Reserved]
(v) A notification of the actual date of startup of the source,
delivered or postmarked within 15 calendar days after that date.
(5) The owner or operator of a new or reconstructed affected source
for which an application for approval of construction or reconstruction
is not required under Sec. 63.5(d) must provide the following
information in writing to the Administrator:
(i) A notification of intention to construct a new affected source,
reconstruct an affected source, or reconstruct a source such that the
source becomes an affected source, and
(ii) A notification of the actual date of startup of the source,
delivered or postmarked within 15 calendar days after that date.
(iii) Unless the owner or operator has requested and received prior
permission from the Administrator to submit less than the information in
Sec. 63.5(d), the notification must include the information required on
the application for approval of construction or reconstruction as
specified in Sec. 63.5(d)(1)(i).
(c) Request for extension of compliance. If the owner or operator of
an affected source cannot comply with a relevant standard by the
applicable compliance date for that source, or if the owner or operator
has installed BACT or technology to meet LAER consistent with
Sec. 63.6(i)(5) of this subpart, he/she may submit to the Administrator
(or the State with an approved permit program) a request for an
extension of compliance as specified in Sec. 63.6(i)(4) through
Sec. 63.6(i)(6).
(d) Notification that source is subject to special compliance
requirements. An owner or operator of a new source that is subject to
special compliance requirements as specified in Sec. 63.6(b)(3) and
Sec. 63.6(b)(4) shall notify the Administrator of his/her compliance
obligations not later than the notification dates established in
paragraph (b) of this section for new sources that are not subject to
the special provisions.
(e) Notification of performance test. The owner or operator of an
affected source shall notify the Administrator in writing of his or her
intention to conduct a performance test at least 60 calendar days before
the performance test is scheduled to begin to allow the Administrator to
review and approve the site-specific test plan required
[[Page 49]]
under Sec. 63.7(c), if requested by the Administrator, and to have an
observer present during the test.
(f) Notification of opacity and visible emission observations. The
owner or operator of an affected source shall notify the Administrator
in writing of the anticipated date for conducting the opacity or visible
emission observations specified in Sec. 63.6(h)(5), if such observations
are required for the source by a relevant standard. The notification
shall be submitted with the notification of the performance test date,
as specified in paragraph (e) of this section, or if no performance test
is required or visibility or other conditions prevent the opacity or
visible emission observations from being conducted concurrently with the
initial performance test required under Sec. 63.7, the owner or operator
shall deliver or postmark the notification not less than 30 days before
the opacity or visible emission observations are scheduled to take
place.
(g) Additional notification requirements for sources with continuous
monitoring systems. The owner or operator of an affected source required
to use a CMS by a relevant standard shall furnish the Administrator
written notification as follows:
(1) A notification of the date the CMS performance evaluation under
Sec. 63.8(e) is scheduled to begin, submitted simultaneously with the
notification of the performance test date required under Sec. 63.7(b).
If no performance test is required, or if the requirement to conduct a
performance test has been waived for an affected source under
Sec. 63.7(h), the owner or operator shall notify the Administrator in
writing of the date of the performance evaluation at least 60 calendar
days before the evaluation is scheduled to begin;
(2) A notification that COMS data results will be used to determine
compliance with the applicable opacity emission standard during a
performance test required by Sec. 63.7 in lieu of Method 9 or other
opacity emissions test method data, as allowed by Sec. 63.6(h)(7)(ii),
if compliance with an opacity emission standard is required for the
source by a relevant standard. The notification shall be submitted at
least 60 calendar days before the performance test is scheduled to
begin; and
(3) A notification that the criterion necessary to continue use of
an alternative to relative accuracy testing, as provided by
Sec. 63.8(f)(6), has been exceeded. The notification shall be delivered
or postmarked not later than 10 days after the occurrence of such
exceedance, and it shall include a description of the nature and cause
of the increased emissions.
(h) Notification of compliance status. (1) The requirements of
paragraphs (h)(2) through (h)(4) of this section apply when an affected
source becomes subject to a relevant standard.
(2)(i) Before a title V permit has been issued to the owner or
operator of an affected source, and each time a notification of
compliance status is required under this part, the owner or operator of
such source shall submit to the Administrator a notification of
compliance status, signed by the responsible official who shall certify
its accuracy, attesting to whether the source has complied with the
relevant standard. The notification shall list--
(A) The methods that were used to determine compliance;
(B) The results of any performance tests, opacity or visible
emission observations, continuous monitoring system (CMS) performance
evaluations, and/or other monitoring procedures or methods that were
conducted;
(C) The methods that will be used for determining continuing
compliance, including a description of monitoring and reporting
requirements and test methods;
(D) The type and quantity of hazardous air pollutants emitted by the
source (or surrogate pollutants if specified in the relevant standard),
reported in units and averaging times and in accordance with the test
methods specified in the relevant standard;
(E) If the relevant standard applies to both major and area sources,
an analysis demonstrating whether the affected source is a major source
(using the emissions data generated for this notification);
(F) A description of the air pollution control equipment (or method)
for each emission point, including each control device (or method) for
each hazardous
[[Page 50]]
air pollutant and the control efficiency (percent) for each control
device (or method); and
(G) A statement by the owner or operator of the affected existing,
new, or reconstructed source as to whether the source has complied with
the relevant standard or other requirements.
(ii) The notification must be sent before the close of business on
the 60th day following the completion of the relevant compliance
demonstration activity specified in the relevant standard (unless a
different reporting period is specified in the standard, in which case
the letter must be sent before the close of business on the day the
report of the relevant testing or monitoring results is required to be
delivered or postmarked). For example, the notification shall be sent
before close of business on the 60th (or other required) day following
completion of the initial performance test and again before the close of
business on the 60th (or other required) day following the completion of
any subsequent required performance test. If no performance test is
required but opacity or visible emission observations are required to
demonstrate compliance with an opacity or visible emission standard
under this part, the notification of compliance status shall be sent
before close of business on the 30th day following the completion of
opacity or visible emission observations. Notifications may be combined
as long as the due date requirement for each notification is met.
(3) After a title V permit has been issued to the owner or operator
of an affected source, the owner or operator of such source shall comply
with all requirements for compliance status reports contained in the
source's title V permit, including reports required under this part.
After a title V permit has been issued to the owner or operator of an
affected source, and each time a notification of compliance status is
required under this part, the owner or operator of such source shall
submit the notification of compliance status to the appropriate
permitting authority following completion of the relevant compliance
demonstration activity specified in the relevant standard.
(4) [Reserved]
(5) If an owner or operator of an affected source submits estimates
or preliminary information in the application for approval of
construction or reconstruction required in Sec. 63.5(d) in place of the
actual emissions data or control efficiencies required in paragraphs
(d)(1)(ii)(H) and (d)(2) of Sec. 63.5, the owner or operator shall
submit the actual emissions data and other correct information as soon
as available but no later than with the initial notification of
compliance status required in this section.
(6) Advice on a notification of compliance status may be obtained
from the Administrator.
(i) Adjustment to time periods or postmark deadlines for submittal
and review of required communications. (1)(i) Until an adjustment of a
time period or postmark deadline has been approved by 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
[[Page 51]]
the adjustment. The Administrator will notify the owner or operator in
writing of approval or disapproval of the request for an adjustment
within 15 calendar days of receiving sufficient information to evaluate
the request.
(4) If the Administrator is unable to meet a specified deadline, he
or she will notify the owner or operator of any significant delay and
inform the owner or operator of the amended schedule.
(j) Change in information already provided. Any change in the
information already provided under this section shall be provided to the
Administrator in writing within 15 calendar days after the change.
[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67
FR 16604, Apr. 5, 2002; 68 FR 32601, May 30, 2003]
Sec. 63.10 Recordkeeping and reporting requirements.
(a) Applicability and general information. (1) The applicability of
this section is set out in Sec. 63.1(a)(4).
(2) For affected sources that have been granted an extension of
compliance under subpart D of this part, the requirements of this
section do not apply to those sources while they are operating under
such compliance extensions.
(3) If any State requires a report that contains all the information
required in a report listed in this section, an owner or operator may
send the Administrator a copy of the report sent to the State to satisfy
the requirements of this section for that report.
(4)(i) Before a State has been delegated the authority to implement
and enforce recordkeeping and reporting requirements established under
this part, the owner or operator of an affected source in such State
subject to such requirements shall submit reports to the appropriate
Regional Office of the EPA (to the attention of the Director of the
Division indicated in the list of the EPA Regional Offices in
Sec. 63.13).
(ii) After a State has been delegated the authority to implement and
enforce recordkeeping and reporting requirements established under this
part, the owner or operator of an affected source in such State subject
to such requirements shall submit reports to the delegated State
authority (which may be the same as the permitting authority). In
addition, if the delegated (permitting) authority is the State, the
owner or operator shall send a copy of each report submitted to the
State to the appropriate Regional Office of the EPA, as specified in
paragraph (a)(4)(i) of this section. The Regional Office may waive this
requirement for any reports at its discretion.
(5) If an owner or operator of an affected source in a State with
delegated authority is required to submit periodic reports under this
part to the State, and if the State has an established timeline for the
submission of periodic reports that is consistent with the reporting
frequency(ies) specified for such source under this part, the owner or
operator may change the dates by which periodic reports under 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
[[Page 52]]
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);
(ii) The occurrence and duration of each malfunction of the required
air pollution control and monitoring equipment;
(iii) All required maintenance performed on the air pollution
control and monitoring equipment;
(iv) Actions taken during periods of startup, shutdown, and
malfunction (including corrective actions to restore malfunctioning
process and air pollution control and monitoring 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 and monitoring
equipment to its normal or usual manner of operation) are consistent
with the procedures specified in such plan. (The information needed to
demonstrate conformance with the startup, shutdown, and malfunction plan
may be recorded using a ``checklist,'' or some other effective form of
recordkeeping, in order to minimize the recordkeeping burden for
conforming events);
(vi) Each period during which a CMS is malfunctioning or inoperative
(including out-of-control periods);
(vii) All required measurements needed to demonstrate compliance
with a relevant standard (including, but not limited to, 15-minute
averages of CMS data, raw performance testing measurements, and raw
performance evaluation measurements, that support data that the source
is required to report);
(A) This paragraph applies to owners or operators required to
install a continuous emissions monitoring system (CEMS) where the CEMS
installed is automated, and where the calculated data averages do not
exclude periods of CEMS breakdown or malfunction. An automated CEMS
records and reduces the measured data to the form of the pollutant
emission standard through the use of a computerized data acquisition
system. In lieu of maintaining a file of all CEMS subhourly measurements
as required under paragraph (b)(2)(vii) of this section, the owner or
operator shall retain the most recent consecutive three averaging
periods of subhourly measurements and a file that contains a hard copy
of the data acquisition system algorithm used to reduce the measured
data into the reportable form of the standard.
(B) This paragraph applies to owners or operators required to
install a CEMS
[[Page 53]]
where the measured data is manually reduced to obtain the reportable
form of the standard, and where the calculated data averages do not
exclude periods of CEMS breakdown or malfunction. In lieu of maintaining
a file of all CEMS subhourly measurements as required under paragraph
(b)(2)(vii) of this section, the owner or operator shall retain all
subhourly measurements for the most recent reporting period. The
subhourly measurements shall be retained for 120 days from the date of
the most recent summary or excess emission report submitted to the
Administrator.
(C) The Administrator or delegated authority, upon notification to
the source, may require the owner or operator to maintain all
measurements as required by paragraph (b)(2)(vii), if the administrator
or the delegated authority determines these records are required to more
accurately assess the compliance status of the affected source.
(viii) All results of performance tests, CMS performance
evaluations, and opacity and visible emission observations;
(ix) All measurements as may be necessary to determine the
conditions of performance tests and performance evaluations;
(x) All CMS calibration checks;
(xi) All adjustments and maintenance performed on CMS;
(xii) Any information demonstrating whether a source is meeting the
requirements for a waiver of recordkeeping or reporting requirements
under this part, if the source has been granted a waiver under paragraph
(f) of this section;
(xiii) All emission levels relative to the criterion for obtaining
permission to use an alternative to the relative accuracy test, if the
source has been granted such permission under Sec. 63.8(f)(6); and
(xiv) All documentation supporting initial notifications and
notifications of compliance status under Sec. 63.9.
(3) Recordkeeping requirement for applicability determinations. If
an owner or operator determines that his or her stationary source that
emits (or has the potential to emit, without considering controls) one
or more hazardous air pollutants regulated by any standard established
pursuant to section 112(d) or (f), and that stationary source is in the
source category regulated by the relevant standard, but that source is
not subject to the relevant standard (or other requirement established
under this part) because of limitations on the source's potential to
emit or an exclusion, the owner or operator must keep a record of the
applicability determination on site at the source for a period of 5
years after the determination, or until the source changes its
operations to become an affected source, whichever comes first. The
record of the applicability determination must be signed by the person
making the determination and include an analysis (or other information)
that demonstrates why the owner or operator believes the source is
unaffected (e.g., because the source is an area source). The analysis
(or other information) must be sufficiently detailed to allow the
Administrator to make a finding about the source's applicability status
with regard to the relevant standard or other requirement. If relevant,
the analysis must be performed in accordance with requirements
established in relevant subparts of this part for this purpose for
particular categories of stationary sources. If relevant, the analysis
should be performed in accordance with EPA guidance materials published
to assist sources in making applicability determinations under section
112, if any. The requirements to determine applicability of a standard
under Sec. 63.1(b)(3) and to record the results of that determination
under paragraph (b)(3) of this section shall not by themselves create an
obligation for the owner or operator to obtain a title V permit.
(c) Additional recordkeeping requirements for sources with
continuous monitoring systems. In addition to complying with the
requirements specified in paragraphs (b)(1) and (b)(2) of this section,
the owner or operator of an affected source required to install a CMS by
a relevant standard shall maintain records for such source of--
(1) All required CMS measurements (including monitoring data
recorded during unavoidable CMS breakdowns and out-of-control periods);
[[Page 54]]
(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 the State with an approved permit program) by
the dates specified in the written extension of compliance.
[[Page 55]]
(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. Such a report shall identify any
instance where any 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 affected source's startup,
shutdown, and malfunction plan, but the source does not exceed any
applicable emission limitation in the relevant emission standard. Such a
report shall also include the number, duration, and a brief description
for each type of malfunction which occurred during the reporting period
and which caused or may have caused any applicable emission limitation
to be exceeded. Reports shall only be required if a startup, 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, and the source exceeds any applicable emission limitation in the
relevant emission standard, the owner or operator shall report the
actions taken for that event within 2 working days after commencing
actions inconsistent with the plan followed by a letter within 7 working
days after the end of the event. The immediate report required under
this paragraph (d)(5)(ii) shall consist of a telephone call (or
facsimile (FAX) transmission) to the Administrator within 2 working days
after commencing actions inconsistent with the plan, and it shall be
followed by a letter, delivered or postmarked within 7 working days
after the end of the event, that contains the name, title, and signature
of the owner or operator or other responsible official who is certifying
its accuracy, explaining the circumstances of the event, the reasons for
not following the startup, shutdown, and malfunction plan, and
describing all excess emissions and/or parameter monitoring exceedances
which 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
[[Page 56]]
alternative reporting arrangements, in advance, with the permitting
authority in that State. Procedures governing the arrangement of
alternative reporting requirements under this paragraph (d)(5)(ii) are
specified in Sec. 63.9(i).
(e) Additional reporting requirements for sources with continuous
monitoring systems--(1) General. When more than one CEMS is used to
measure the emissions from one affected source (e.g., multiple
breechings, multiple outlets), the owner or operator shall report the
results as required for each CEMS.
(2) Reporting results of continuous monitoring system performance
evaluations. (i) The owner or operator of an affected source required to
install a CMS by a relevant standard shall furnish the Administrator a
copy of a written report of the results of the CMS performance
evaluation, as required under Sec. 63.8(e), simultaneously with the
results of the performance test required under Sec. 63.7, unless
otherwise specified in the relevant standard.
(ii) The owner or operator of an affected source using a COMS to
determine opacity compliance during any performance test required under
Sec. 63.7 and described in Sec. 63.6(d)(6) shall furnish the
Administrator two or, upon request, three copies of a written report of
the results of the COMS performance evaluation conducted under
Sec. 63.8(e). The copies shall be furnished at least 15 calendar days
before the performance test required under Sec. 63.7 is conducted.
(3) Excess emissions and continuous monitoring system performance
report and summary report. (i) Excess emissions and parameter monitoring
exceedances are defined in relevant standards. The owner or operator of
an affected source required to install a CMS by a relevant standard
shall submit an excess emissions and continuous monitoring system
performance report and/or a summary report to the Administrator
semiannually, except when--
(A) More frequent reporting is specifically required by a relevant
standard;
(B) The Administrator determines on a case-by-case basis that more
frequent reporting is necessary to accurately assess the compliance
status of the source; or
(C) [Reserved]
(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
[[Page 57]]
notice of the owner or operator's intention. The notification from the
Administrator to the owner or operator will specify the grounds on which
the disapproval is based. In the absence of a notice of disapproval
within 45 days, approval is automatically granted.
(iv) As soon as CMS data indicate that the source is not in
compliance with any emission limitation or operating parameter specified
in the relevant standard, the frequency of reporting shall revert to the
frequency specified in the relevant standard, and the owner or operator
shall submit an excess emissions and continuous monitoring system
performance (and summary) report for the noncomplying emission points at
the next appropriate reporting period following the noncomplying event.
After demonstrating ongoing compliance with the relevant standard for
another full year, the owner or operator may again request approval from
the Administrator to reduce the frequency of reporting for that
standard, as provided for in paragraphs (e)(3)(ii) and (e)(3)(iii) of
this section.
(v) Content and submittal dates for excess emissions and monitoring
system performance reports. All excess emissions and monitoring system
performance reports and all summary reports, if required, shall be
delivered or postmarked by the 30th day following the end of each
calendar half or quarter, as appropriate. Written reports of excess
emissions or exceedances of process or control system parameters shall
include all the information required in paragraphs (c)(5) through
(c)(13) of this section, in Sec. 63.8(c)(7) and Sec. 63.8(c)(8), and in
the relevant standard, and they shall contain the name, title, and
signature of the responsible official who is certifying the accuracy of
the report. When no excess emissions or exceedances of a parameter have
occurred, or a CMS has not been inoperative, out of control, repaired,
or adjusted, such information shall be stated in the report.
(vi) Summary report. As required under paragraphs (e)(3)(vii) and
(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
[[Page 58]]
malfunctions, nonmonitoring equipment malfunctions, quality assurance/
quality control calibrations, other known causes, and other unknown
causes;
(K) A description of any changes in CMS, processes, or controls
since the last reporting period;
(L) The name, title, and signature of the responsible official who
is certifying the accuracy of the report; and
(M) The date of the report.
(vii) If the total duration of excess emissions or process or
control system parameter exceedances for the reporting period is less
than 1 percent of the total operating time for the reporting period, and
CMS downtime for the reporting period is less than 5 percent of the
total operating time for the reporting period, only the summary report
shall be submitted, and the full excess emissions and continuous
monitoring system performance report need not be submitted unless
required by the Administrator.
(viii) If the total duration of excess emissions or process or
control system parameter exceedances for the reporting period is 1
percent or greater of the total operating time for the reporting period,
or the total CMS downtime for the reporting period is 5 percent or
greater of the total operating time for the reporting period, both the
summary report and the excess emissions and continuous monitoring system
performance report shall be submitted.
(4) Reporting continuous opacity monitoring system data produced
during a performance test. The owner or operator of an affected source
required to use a COMS shall record the monitoring data produced during
a performance test required under Sec. 63.7 and shall furnish the
Administrator a written report of the monitoring results. The report of
COMS data shall be submitted simultaneously with the report of the
performance test results required in paragraph (d)(2) of this section.
(f) Waiver of recordkeeping or reporting requirements. (1) Until a
waiver of a recordkeeping or reporting requirement has been granted by
the Administrator 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
[[Page 59]]
only after notice is given to the owner or operator of the affected
source.
[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67
FR 16604, Apr. 5, 2002; 68 FR 32601, May 30, 2003]
Sec. 63.11 Control device requirements.
(a) Applicability. The applicability of this section is set out in
Sec. 63.1(a)(4).
(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) An owner/operator has the choice of adhering to the heat content
specifications in paragraph (b)(6)(ii) of this section, and the maximum
tip velocity specifications in paragraph (b)(7) or (b)(8) of this
section, or adhering to the requirements in paragraph (b)(6)(i) of this
section.
(i)(A) Flares shall be used that have a diameter of 3 inches or
greater, are nonassisted, have a hydrogen content of 8.0 percent (by
volume) or greater, and are designed for and operated with an exit
velocity less than 37.2 m/sec (122 ft/sec) and less than the velocity
Vmax, as determined by the following equation:
Vmax=(XH2-K1)* K2
Where:
Vmax=Maximum permitted velocity, m/sec.
K1=Constant, 6.0 volume-percent hydrogen.
K2=Constant, 3.9(m/sec)/volume-percent hydrogen.
XH2=The volume-percent of hydrogen, on a wet basis, as
calculated by using the American Society for Testing and Materials
(ASTM) Method D1946-77. (Incorporated by reference as specified in
Sec. 63.14).
(B) The actual exit velocity of a flare shall be determined by the
method specified in paragraph (b)(7)(i) of this section.
(ii) Flares shall be used only with the net heating value of the gas
being combusted at 11.2 MJ/scm (300 Btu/scf) or greater if the flare is
steam-assisted or air-assisted; or with the net heating value of the gas
being combusted at 7.45 M/scm (200 Btu/scf) or greater if the flares is
non-assisted. The net heating value of the gas being combusted in a
flare shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR04MY98.004
Where:
HT=Net heating value of the sample, MJ/scm; where the net
enthalpy per mole of offgas is based on combustion at 25 deg.C and 760
mm Hg, but the standard temperature for determining the volume
corresponding to one mole is 20 deg.C.
K=Constant=
[GRAPHIC] [TIFF OMITTED] TR04MY98.005
where the standard temperature for (g-mole/scm) is 20 deg.C.
Ci=Concentration of sample component i in ppmv on a wet
basis, as measured for organics by Test Method 18 and measured for
hydrogen and carbon monoxide by American Society for Testing and
Materials (ASTM) D1946-77 or 90 (Reapproved 1994) (incorporated by
reference as specified in Sec. 63.14).
Hi=Net heat of combustion of sample component i, kcal/g-mole
at 25 deg.C and 760 mm Hg. The heats of combustion may be determined
using ASTM D2382-76 or 88 or D4809-95 (incorporated by reference as
specified in Sec. 63.14) if published values are not available or cannot
be calculated.
n=Number of sample components.
[[Page 60]]
(7)(i) Steam-assisted and nonassisted flares shall be designed for
and operated with an exit velocity less than 18.3 m/sec (60 ft/sec),
except as provided in paragraphs (b)(7)(ii) and (b)(7)(iii) of this
section. The actual exit velocity of a flare shall be determined by
dividing by the volumetric flow rate of gas being combusted (in units of
emission standard temperature and pressure), as determined by Test
Method 2, 2A, 2C, or 2D in appendix A to 40 CFR part 60 of this chapter,
as appropriate, by the unobstructed (free) cross-sectional area of the
flare tip.
(ii) Steam-assisted and nonassisted flares designed for and operated
with an exit velocity, as determined by the method specified in
paragraph (b)(7)(i) of this section, equal to or greater than 18.3 m/sec
(60 ft/sec) but less than 122 m/sec (400 ft/sec), are allowed if the net
heating value of the gas being combusted is greater than 37.3 MJ/scm
(1,000 Btu/scf).
(iii) Steam-assisted and nonassisted flares designed for and
operated with an exit velocity, as determined by the method specified in
paragraph (b)(7)(i) of this section, less than the velocity
Vmax, as determined by the method specified in this
paragraph, but less than 122 m/sec (400 ft/sec) are allowed. The maximum
permitted velocity, Vmax, for flares complying with this
paragraph shall be determined by the following equation:
Log10(Vmax)=(HT+28.8)/31.7
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:
V4max=8.71 = 0.708(HT)
Where:
Vmax=Maximum permitted velocity, m/sec.
8.71=Constant.
0.708=Constant.
HT=The net heating value as determined in paragraph
(b)(6)(ii) of this section.
[59 FR 12430, Mar. 16, 1994, as amended at 63 FR 24444, May 4, 1998; 65
FR 62215, Oct. 17, 2000; 67 FR 16605, Apr. 5, 2002]
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
[[Page 61]]
which authority has been delegated under section 112(l) of the Act,
provided that each specific delegation may exempt sources from a certain
Federal or State reporting requirement. The Administrator may permit all
or some of the information to be submitted to the appropriate State
agency only, instead of to the EPA and the State agency.
Sec. 63.13 Addresses of State air pollution control agencies and EPA Regional Offices.
(a) All requests, reports, applications, submittals, and other
communications to the Administrator pursuant to this part shall be
submitted to the appropriate Regional Office of the U.S. Environmental
Protection Agency indicated in the following list of EPA Regional
Offices.
EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island, Vermont), Director, Air, Pesticides and Toxics Division, J.F.K.
Federal Building, Boston, MA 02203-2211.
EPA Region II (New Jersey, New York, Puerto Rico, Virgin Islands),
Director, Air and Waste Management Division, 26 Federal Plaza, New York,
NY 10278.
EPA Region III (Delaware, District of Columbia, Maryland, Pennsylvania,
Virginia, West Virginia), Director, Air Protection Division, 1650 Arch
Street, Philadelphia, PA 19103.
EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee). Director, Air, Pesticides and
Toxics Management Division, Atlanta Federal Center, 61 Forsyth Street,
Atlanta, GA 30303-3104.
EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin),
Director, Air and Radiation Division, 77 West Jackson Blvd., Chicago, IL
60604-3507.
EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas),
Director, Air, Pesticides and Toxics, 1445 Ross Avenue, Dallas, TX
75202-2733.
EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air, RCRA,
and Toxics Division, U.S. Environmental Protection Agency, 901 N. 5th
Street, Kansas City, KS 66101.
EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah,
Wyoming), 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, Office of
Air Quality, 1200 Sixth Avenue (OAQ-107), Seattle, WA 98101.
(b) All information required to be submitted to the Administrator
under this part also shall be submitted to the appropriate State agency
of any State to which authority has been delegated under section 112(l)
of the Act. The owner or operator of an affected source may contact the
appropriate EPA Regional Office for the mailing addresses for those
States whose delegation requests have been approved.
(c) If any State requires a submittal that contains all the
information required in an application, notification, request, report,
statement, or other communication required in this part, an owner or
operator may send the appropriate Regional Office of the EPA a copy of
that submittal to satisfy the requirements of this part for that
communication.
[59 FR 12430, Mar. 16, 1994, as amended at 63 FR 66061, Dec. 1, 1998; 67
FR 4184, Jan. 29, 2002; 68 FR 32601, May 30, 2003; 68 FR 35792, June 17,
2003]
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 St., SW., Washington, DC, and at the EPA Library (MD-35), U.S.
EPA, Research Triangle Park, North Carolina.
(b) The following materials are available for purchase from at least
one of the following addresses: American Society for Testing and
Materials (ASTM), 100 Barr Harbor Drive, Post Office Box C700, West
Conshohocken,
[[Page 62]]
PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
(1) ASTM D523-89, Standard Test Method for Specular Gloss, IBR
approved for Sec. 63.782.
(2) ASTM D1193-77, 91, Standard Specification for Reagent Water, IBR
approved for Appendix A: Method 306, Sections 7.1.1 and 7.4.2.
(3) ASTM D1331-89, Standard Test Methods for Surface and Interfacial
Tension of Solutions of Surface Active Agents, IBR approved for Appendix
A: Method 306B, Sections 6.2, 11.1, and 12.2.2.
(4) ASTM D1475-90, Standard Test Method for Density of Paint,
Varnish Lacquer, and Related Products, IBR approved for Sec. 63.788,
Appendix A.
(5) ASTM D1946-77, 90, 94, Standard Method for Analysis of Reformed
Gas by Gas Chromatography, IBR approved for Sec. 63.11(b)(6).
(6) ASTM D2369-93, 95, Standard Test Method for Volatile Content of
Coatings, IBR approved for Sec. 63.788, Appendix A.
(7) ASTM D2382-76, 88, Heat of Combustion of Hydrocarbon Fuels by
Bomb Calorimeter (High-Precision Method), IBR approved for
Sec. 63.11(b)(6).
(8) ASTM D2879-83, 96, Test Method for Vapor Pressure-Temperature
Relationship and Initial Decomposition Temperature of Liquids by
Isoteniscope, IBR approved for Sec. 63.111 of Subpart G.
(9) ASTM D3257-93, Standard Test Methods for Aromatics in Mineral
Spirits by Gas Chromatography, IBR approved for Sec. 63.786(b).
(10) ASTM 3695-88, Standard Test Method for Volatile Alcohols in
Water by Direct Aqueous-Injection Gas Chromatography, IBR approved for
Sec. 63.365(e)(1) of Subpart O.
(11) ASTM D3792-91, Standard Method for Water Content of Water-
Reducible Paints by Direct Injection into a Gas Chromatograph, IBR
approved for Sec. 63.788, Appendix A.
(12) ASTM D3912-80, Standard Test Method for Chemical Resistance of
Coatings Used in Light-Water Nuclear Power Plants, IBR approved for
Sec. 63.782.
(13) ASTM D4017-90, 96a, Standard Test Method for Water in Paints
and Paint Materials by the Karl Fischer Titration Method, IBR approved
for Sec. 63.788, Appendix A.
(14) ASTM D4082-89, Standard Test Method for Effects of Gamma
Radiation on Coatings for Use in Light-Water Nuclear Power Plants, IBR
approved for Sec. 63.782.
(15) ASTM D4256-89, 94, Standard Test Method for Determination of
the Decontaminability of Coatings Used in Light-Water Nuclear Power
Plants, IBR approved for Sec. 63.782.
(16) ASTM D4809-95, Standard Test Method for Heat of Combustion of
Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), IBR
approved for Sec. 63.11(b)(6).
(17) ASTM E180-93, Standard Practice for Determining the Precision
of ASTM Methods for Analysis and Testing of Industrial Chemicals, IBR
approved for Sec. 63.786(b).
(18) ASTM E260-91, 96, General Practice for Packed Column Gas
Chromatography, IBR approved for Secs. 63.750(b)(2) and 63.786(b)(5).
(19) [Reserved]
(20) [Reserved]
(21) ASTM D2099-00, Standard Test Method for Dynamic Water
Resistance of Shoe Upper Leather by the Maeser Water Penetration Tester,
IBR approved for Sec. 63.5350.
(22) [Reserved]
(23) [Reserved]
(24) ASTM D2697-86 (Reapproved 1998), ``Standard Test Method for
Volume Nonvolatile Matter in Clear or Pigmented Coatings,'' IBR approved
for Secs. 63.4141(b)(1) and 63.5160(c).
(25) ASTM D6093-97, ``Standard Test Method for Percent Volume
Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas
Pycnometer,'' IBR approved for Secs. 63.4141(b)(1), 63.4941(b)(1), and
63.5160(c).
(26) ASTM D1475-98, Standard Test Method for Density of Liquid
Coatings, Inks, and Related Products, IBR approved for
Secs. 63.4141(b)(3) and 63.4141(c).
(27) ASTM D 6522-00, Standard Test Method for Determination of
Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions
from Natural Gas Fired Reciprocating Engines, Combustion Turbines,
Boilers, and Process Heaters Using Portable Analyzers, IBR approved for
Sec. 63.9307(c)(2).
(28) [Reserved]
[[Page 63]]
(29) ASTM D6420-99, Standard Test Method for Determination of
Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass
Spectrometry, IBR approved for Secs. 63.5799 and 63.5850.
(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.
(3) API Manual of Petroleum Measurement Specifications (MPMS)
Chapter 19.2, Evaporative Loss From Floating-Roof Tanks (formerly API
Publications 2517 and 2519), First Edition, April 1997, IBR approved for
Sec. 63.1251 of subpart GGG of this part.
(d) State and Local Requirements. The materials listed below are
available at the Air and Radiation Docket and Information Center, U.S.
EPA, 401 M St., SW., Washington, DC.
(1) California Regulatory Requirements Applicable to the Air Toxics
Program, January 5, 1999, IBR approved for Sec. 63.99(a)(5)(ii) of
subpart E of this part.
(2) New Jersey's Toxic Catastrophe Prevention Act Program, (July 20,
1998), Incorporation By Reference approved for Sec. 63.99 (a)(30)(i) of
subpart E of this part.
(3)(i) Letter of June 7, 1999 to the U.S. Environmental Protection
Agency Region 3 from the Delaware Department of Natural Resources and
Environmental Control requesting formal full delegation to take over
primary responsibility for implementation and enforcement of the
Chemical Accident Prevention Program under Section 112(r) of the Clean
Air Act Amendments of 1990.
(ii) Delaware Department of Natural Resources and Environmental
Control, Division of Air and Waste Management, Accidental Release
Prevention Regulation, sections 1 through 5 and sections 7 through 14,
effective January 11, 1999, IBR approved for Sec. 63.99(a)(8)(i) of
subpart E of this part.
(iii) State of Delaware Regulations Governing the Control of Air
Pollution (October 2000), IBR approved for Sec. 63.99(a)(8)(ii)-(v) of
subpart E of this part.
(4) Massachusetts Regulations Applicable to Hazardous Air Pollutants
(July 2002). Incorporation By Reference approved for
Sec. 63.99(a)(21)(ii) of subpart E of this part.
(e) The materials listed below are available for purchase from the
National Institute of Standards and Technology, Springfield, VA 22161,
(800) 553-6847.
(1) Handbook 44, Specificiations, Tolerances, and Other Technical
Requirements for Weighing and Measuring Devices 1998, IBR approved for
Sec. 63.1303(e)(3).
(2) [Reserved]
(f) The following material is available from the National Council of
the Paper Industry for Air and Stream Improvement, Inc. (NCASI), P. O.
Box 133318, Research Triangle Park, NC 27709-3318 or at http://
www.ncasi.org: NCASI Method DI/MEOH-94.02, Methanol in Process Liquids
GC/FID (Gas Chromatography/Flame Ionization Detection), August 1998,
Methods Manual, NCASI, Research Triangle Park, NC, IBR approved for
Sec. 63.457(c)(3)(ii) of subpart S of this part.
(g) The materials listed below are available for purchase from AOAC
International, Customer Services, Suite 400, 2200 Wilson Boulevard,
Arlington, Virginia, 22201-3301, Telephone (703) 522-3032, Fax (703)
522-5468.
(1) AOAC Official Method 978.01 Phosphorus (Total) in Fertilizers,
Automated Method, Sixteenth edition, 1995, IBR approved for
Sec. 63.626(d)(3)(vi).
(2) AOAC Official Method 969.02 Phosphorus (Total) in Fertilizers,
Alkalimetric Quinolinium Molybdophosphate Method, Sixteenth edition,
1995, IBR approved for Sec. 63.626(d)(3)(vi).
(3) AOAC Official Method 962.02 Phosphorus (Total) in Fertilizers,
Gravimetric Quinolinium Molybdophosphate Method, Sixteenth edition,
1995, IBR approved for Sec. 63.626(d)(3)(vi).
[[Page 64]]
(4) AOAC Official Method 957.02 Phosphorus (Total) in Fertilizers,
Preparation of Sample Solution, Sixteenth edition, 1995, IBR approved
for Sec. 63.626(d)(3)(vi).
(5) AOAC Official Method 929.01 Sampling of Solid Fertilizers,
Sixteenth edition, 1995, IBR approved for Sec. 63.626(d)(3)(vi).
(6) AOAC Official Method 929.02 Preparation of Fertilizer Sample,
Sixteenth edition, 1995, IBR approved for Sec. 63.626(d)(3)(vi).
(7) AOAC Official Method 958.01 Phosphorus (Total) in Fertilizers,
Spectrophotometric Molybdovanadophosphate Method, Sixteenth edition,
1995, IBR approved for Sec. 63.626(d)(3)(vi).
(h) The materials listed below are available for purchase from The
Association of Florida Phosphate Chemists, P.O. Box 1645, Bartow,
Florida, 33830, Book of Methods Used and Adopted By The Association of
Florida Phosphate Chemists, Seventh Edition 1991, IBR.
(1) Section IX, Methods of Analysis for Phosphate Rock, No. 1
Preparation of Sample, IBR approved for Sec. 63.606(c)(3)(ii) and
Sec. 63.626(c)(3)(ii).
(2) Section IX, Methods of Analysis for Phosphate Rock, No. 3
Phosphorus--P2O5 or
Ca3(PO4)2, Method A-Volumetric Method,
IBR approved for Sec. 63.606(c)(3)(ii) and Sec. 63.626(c)(3)(ii).
(3) Section IX, Methods of Analysis for Phosphate Rock, No. 3
Phosphorus-P2O5 or
Ca3(PO4)2, Method B--Gravimetric
Quimociac Method, IBR approved for Sec. 63.606(c)(3)(ii) and
Sec. 63.626(c)(3)(ii).
(4) Section IX, Methods of Analysis For Phosphate Rock, No. 3
Phosphorus-P2O5 or
Ca3(PO4)2, Method C--Spectrophotometric
Method, IBR approved for Sec. 63.606(c)(3)(ii) and
Sec. 63.626(c)(3)(ii).
(5) Section XI, Methods of Analysis for Phosphoric Acid,
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3
Total Phosphorus-P2O5, Method A--Volumetric
Method, IBR approved for Sec. 63.606(c)(3)(ii), Sec. 63.626(c)(3)(ii),
and Sec. 63.626(d)(3)(v).
(6) Section XI, Methods of Analysis for Phosphoric Acid,
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3
Total Phosphorus-P2O5, Method B--Gravimetric
Quimociac Method, IBR approved for Sec. 63.606(c)(3)(ii),
Sec. 63.626(c)(3)(ii), and Sec. 63.626(d)(3)(v).
(7) Section XI, Methods of Analysis for Phosphoric Acid,
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3
Total Phosphorus-P2O5, Method C--
Spectrophotometric Method, IBR approved for Sec. 63.606(c)(3)(ii),
Sec. 63.626(c)(3)(ii), and Sec. 63.626(d)(3)(v).
(i) The following materials are available for purchase from at least
one of the following addresses: ASME International, Orders/Inquiries,
P.O. Box 2900, Fairfield, NJ 07007-2900; or Global Engineering
Documents, Sales Department, 15 Inverness Way East, Englewood, CO 80112.
(1) ASME standard number QHO-1-1994, ``Standard for the
Qualification and Certification of Hazardous Waste Incinerator
Operators,'' IBR approved for Sec. 63.1206(c)(6)(iii).
(2) ASME standard number QHO-1a-1996 Addenda to QHO-1-1994,
``Standard for the Qualification and Certification of Hazardous Waste
Incinerator Operators,'' IBR approved for Sec. 63.1206(c)(6)(iii).
(3) ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus],'' IBR approved for Secs. 63.865(b),
63.3360(e)(1)(iii), 63.4166(a)(3), 63.4965(a)(3), and
53.5160(d)(1)(iii).
(j) [Reserved]
(k) The following material may be obtained from U.S. EPA, Office of
Solid Waste (5305W), 1200 Pennsylvania Avenue, NW., Washington, DC
20460:
(1) Method 9071B, ``n-Hexane Extractable Material(HEM) for Sludge,
Sediment, and Solid Samples,'' (Revision 2, April 1998) as published in
EPA Publication SW-846: ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods.'' The incorporation by reference of Method
9071B is approved for Section 63.7824(e) of Subpart FFFFF of this part.
[59 FR 12430, Mar. 16, 1994]
Editorial Note: Federal Register citations affecting Sec. 63.14, see
the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and on GPO Access.
[[Page 65]]
Effective Date Note: At 68 FR 31615, May 28, 2003, Sec. 63.14 was
amended by adding paragraph (d)(5) effective July 28, 2003. For the
convenience of the user, the added text is set forth as follows.
Sec. 63.14 Incorporation by reference.
* * * * *
(d) * * *
(5) New Hampshire Regulations Applicable to Hazardous Air
Pollutants, March, 2003. Incorporation by Reference approved for
Sec. 63.99(a)(29)(iii) of subpart E of this part.
* * * * *
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.
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
[[Page 66]]
from the source category list pursuant to section 112(c)(9) of the Act.
(f) Exclusion for research and development activities. The
requirements of this subpart do not apply to research and development
activities, as defined in Sec. 63.41.
[61 FR 68399, Dec. 27, 1996]
Sec. 63.41 Definitions.
Terms used in this subpart that are not defined in this section have
the meaning given to them in the Act and in subpart A.
Affected source means the stationary source or group of stationary
sources which, when fabricated (on site), erected, or installed meets
the definition of ``construct a major source'' or the definition of
``reconstruct a major source'' contained in this section.
Affected States are all States:
(1) Whose air quality may be affected and that are contiguous to the
State in which a MACT determination is made in accordance with this
subpart; or
(2) Whose air quality may be affected and that are within 50 miles
of the major source for which a MACT determination is made in accordance
with this subpart.
Available information means, for purposes of identifying control
technology options for the affected source, information contained in the
following information sources as of the date of approval of the MACT
determination by the permitting authority:
(1) A relevant proposed regulation, including all supporting
information;
(2) Background information documents for a draft or proposed
regulation;
(3) Data and information available for the Control Technology Center
developed pursuant to section 113 of the Act;
(4) Data and information contained in the Aerometric Informational
Retrieval System including information in the MACT data base;
(5) Any additional information that can be expeditiously provided by
the Administrator; and
(6) For the purpose of determinations by the permitting authority,
any additional information provided by the applicant or others, and any
additional information considered available by the permitting authority.
Construct a major source means:
(1) To fabricate, erect, or install at any greenfield site a
stationary source or group of stationary sources which is located within
a contiguous area and under common control and which emits or has the
potential to emit 10 tons per year of any HAP's or 25 tons per year of
any combination of HAP, or
(2) To fabricate, erect, or install at any developed site a new
process or production unit which in and of itself emits or has the
potential to emit 10 tons per year of any HAP or 25 tons per year of any
combination of HAP, unless the process or production unit satisfies
criteria in paragraphs (2) (i) through (vi) of this definition.
(i) All HAP emitted by the process or production unit that would
otherwise be controlled under the requirements of this subpart will be
controlled by emission control equipment which was previously installed
at the same site as the process or production unit;
(ii) (A) The permitting authority has determined within a period of
5 years prior to the fabrication, erection, or installation of the
process or production unit that the existing emission control equipment
represented best available control technology (BACT), lowest achievable
emission rate (LAER) under 40 CFR part 51 or 52, toxics--best available
control technology (T-BACT), or MACT based on State air toxic rules for
the category of pollutants which includes those HAP's to be emitted by
the process or production unit; or
(B) The permitting authority determines that the control of HAP
emissions provided by the existing equipment will be equivalent to that
level of control currently achieved by other 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
[[Page 67]]
the inclusion of the new process or production unit;
(iv) The permitting authority has provided notice and an opportunity
for public comment concerning its determination that criteria in
paragraphs (2)(i), (2)(ii), and (2)(iii) of this definition apply and
concerning the continued adequacy of any prior LAER, BATC, T-BACT, or
State air toxic rule MACT determination;
(v) If any commenter has asserted that a prior LAER, BACT, T-BACT,
or State air toxic rule MACT determination is no longer adequate, the
permitting authority has determined that the level of control required
by that prior determination remains adequate; and
(vi) Any emission limitations, work practice requirements, or other
terms and conditions upon which the above determinations by the
permitting authority are applicable requirements under section 504(a)
and either have been incorporated into any existing title V permit for
the affected facility or will be incorporated into such permit upon
issuance.
Control technology means measures, processes, methods, systems, or
techniques to limit the emission of hazardous air pollutants through
process changes, substitution of materials or other modifications;
(1) Reduce the quantity of, or eliminate emissions of, such
pollutants through process changes, substitution of materials or other
modifications;
(2) Enclose systems or processes to eliminate emissions;
(3) Collect, capture or treat such pollutants when released from a
process, stack, storage or fugitive emissions point;
(4) Are design, equipment, work practice, or operational standards
(including requirements for operator training or certification) as
provided in 42 U.S.C. 7412(h); or
(5) Are a combination of paragraphs (1) through (4) of this
definition.
Effective date of section 112(g)(2)(B) in a State or local
jurisdiction means the effective date specified by the permitting
authority at the time the permitting authority adopts a program to
implement section 112(g) with respect to construction or reconstruction
or major sources of HAP, or June 29, 1998 whichever is earlier.
Electric utility steam generating unit means any fossil fuel fired
combustion unit of more than 25 megawatts that serves a generator that
produces electricity for sale. A unit that co-generates steam and
electricity and supplies more than one-third of its potential electric
output capacity and more than 25 megawatts electric output to any
utility power distribution system for sale shall be considered an
electric utility steam generating unit.
Greenfield suite means a contiguous area under common control that
is an undeveloped site.
List of Source Categories means the Source Category List required by
section 112(c) of the Act.
Maximum achievable control technology (MACT) emission limitation for
new sources means the emission limitation which is not less stringent
that the emission limitation achieved in practice by the best controlled
similar source, and which reflects the maximum degree of deduction in
emissions that the permitting authority, taking into consideration the
cost of achieving such emission reduction, and any non-air quality
health and environmental impacts and energy requirements, determines is
achievable by the constructed or reconstructed major source.
Notice of MACT Approval means a document issued by a permitting
authority containing all federally enforceable conditions necessary to
enforce the application and operation of MACT or other control
technologies such that the MACT emission limitation is met.
Permitting authority means the permitting authority as defined in
part 70 or 71 of this chapter.
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
[[Page 68]]
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 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 respect to construction or
reconstruction of major sources of HAP, no such case-by-case MACT
determination shall take effect until after it has been submitted by the
permitting authority in writing to the appropriate EPA Regional
Adminstrator and the EPA Regional Administrator has concurred in writing
that the case-by-case MACT determination by the permitting authority is
in conformity with all requirements established by Secs. 63.40 through
63.44. In the event that
[[Page 69]]
the permitting authority fails to adopt a program to implement section
112(g) with respect to construction or reconstruction of major sources
of HAP with an effective date on or before June 29, 1998, and the
permitting authority concludes that it is unable to make case-by-case
MACT determinations in the absence of such a program, the permitting
authority may request that the EPA Regional Administrator implement a
transitional program to implement section 112(g) with respect to
construction or reconstruction of major sources of HAP in the affected
State of local jurisdiction while the permitting authority completes
development and adoption of a section 112(g) program. Any such
transitional section 112(g) program implemented by the EPA Regional
Administrator shall conform to all requirements established by
Secs. 63.40 through 63.44, and shall remain in effect for no more than
30 months. Continued failure by the permitting authority to adopt a
program to implement section 112(g) with respect to construction or
reconstruction of major sources of HAP shall be construed as a failure
by the permitting authority to adequately administer and enforce its
title V permitting program and shall constitute cause by EPA to apply
the sanctions and remedies set forth in the Clean Air Act section
502(I).
(c) Prohibition. After the effective date of section 112(g)(2)(B)
(as defined in Sec. 63.41) in a State or local jurisdiction and the
effective date of the title V permit program applicable to that State or
local jurisdiction, no person may begin actual construction or
reconstruction of a major source of HAP in such State or local
jurisdiction unless:
(1) The major source in question has been specifically regulated or
exempted from regulation under a standard issued pursuant to section
112(d), section 112(h) or section 112(j) in part 63, and the owner and
operator has fully complied with all procedures and requirements for
preconstruction review established by that standard, including any
applicable requirements set forth in subpart A of this part 63; or
(2) The permitting authority has made a final and effective case-by-
case determination pursuant to the provisions of Sec. 63.43 such that
emissions from the constructed or reconstructed major source will be
controlled to a level no less stringent than the maximum achievable
control technology emission limitation for new sources.
[61 FR 68400, Dec. 27, 1996, as amended at 64 FR 35032, June 30, 1999]
Sec. 63.43 Maximum achievable control technology (MACT) determinations for constructed and reconstructed major sources.
(a) Applicability. The requirements of this section apply to an
owner or operator who constructs or reconstructs a major source of HAP
subject to a case-by-case determination of maximum achievable control
technology pursuant to Sec. 63.42(c).
(b) Requirements for constructed and reconstructed major sources.
When a case-by-case determination of MACT is required by Sec. 63.42(c),
the owner and operator shall obtain from the permitting authority an
approved MACT determination according to one of the review options
contained in paragraph (c) of this section.
(c) Review options. (1) When the permitting authority requires the
owner or operator to obtain, or revise, a permit issued pursuant to
title V of the Act before construction or reconstruction of the major
source, or when the permitting authority allows the owner or operator at
its discretion to obtain or revise such a permit before construction or
reconstruction, and the owner or operator elects that option, the owner
or operator shall follow the administrative procedures in the program
approved under title V of the Act (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:
[[Page 70]]
(i) Apply for and obtain a Notice of MACT Approval according to the
procedures outlined in paragraphs (f) through (h) of this section; or
(ii) Apply for a MACT determination under any other administrative
procedures for preconstruction review and approval established by the
permitting authority for a State or local jurisdiction which provide for
public participation in the determination, and ensure that no person may
begin actual construction or reconstruction of a major source in that
State or local jurisdiction unless the permitting authority determines
that the MACT emission limitation for new sources will be met.
(3) When applying for a permit pursuant to title V of the Act, an
owner or operator may request approval of case-by-case MACT
determinations for alternative operating scenarios. Approval of such
determinations satisfies the requirements of section 112(g) of each such
scenario.
(4) Regardless of the review process, the MACT emission limitation
and requirements established shall be effective as required by paragraph
(j) of this section, consistent with the principles established in
paragraph (d) of this section, and supported by the information listed
in paragraph (e) of this section. The owner or operator shall comply
with the requirements in paragraphs (k) and (l) of this section, and
with all applicable requirements in subpart A of this part.
(d) Principles of MACT determinations. The following general
principles shall govern preparation by the owner or operator of each
permit application or other application requiring a case-by-case MACT
determination concerning construction or reconstruction of a major
source, and all subsequent review of and actions taken concerning such
an application by the permitting authority:
(1) The MACT emission limitation or MACT requirements recommended by
the applicant and approved by the permitting authority shall not be less
stringent than the emission control which is achieved in practice by the
best controlled similar source, as determined by the permitting
authority.
(2) Based upon available information, as defined in this subpart,
the MACT emission limitation and control technology (including any
requirements under paragraph (d)(3) of this section) recommended by the
applicant and approved by the permitting authority shall achieve the
maximum degree of reduction in emissions of HAP which can be achieved by
utilizing those control technologies that can be identified from the
available information, taking into consideration the costs of achieving
such emission reduction and any non-air quality health and environmental
impacts and energy requirements associated with the emission reduction.
(3) The applicant may recommend a specific design, equipment, work
practice, or operational standard, or a combination thereof, and the
permitting authority may approve such a standard if the permitting
authority specifically determines that it is not feasible to prescribe
or enforce an emission limitation under the criteria set forth in
section 112(h)(2) of the Act.
(4) If the Administrator has either proposed a relevant emission
standard pursuant to section 112(d) or section 112(h) of the Act or
adopted a presumptive MACT determination for the source category which
includes the constructed or reconstructed major source, then the MACT
requirements applied to the constructed or reconstructed major source
shall have considered those MACT emission limitations and requirements
of the proposed standard or presumptive MACT determination.
(e) Application requirements for a case-by-case MACT determination.
(1) An application for a MACT determination (whether a permit
application under title V of the Act, an application for a Notice of
MACT Approval, or other 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
[[Page 71]]
would require additional control technology or a change in control
technology, the application for a MACT determination shall contain the
following information:
(i) The name and address (physical location) of the major source to
be constructed or reconstructed;
(ii) A brief description of the major source to be constructed or
reconstructed and identification of any listed source category or
categories in which it is included;
(iii) The expected commencement date for the construction or
reconstruction of the major source;
(iv) The expected completion date for construction or reconstruction
of the major source;
(v) the anticipated date of start-up for the constructed or
reconstructed major source;
(vi) The HAP emitted by the constructed or reconstructed major
source, and the estimated emission rate for each such HAP, to the extent
this information is needed by the permitting authority to determine
MACT;
(vii) Any federally enforceable emission limitations applicable to
the constructed or reconstructed major source;
(viii) The maximum and expected utilization of capacity of the
constructed or reconstructed major source, and the associated
uncontrolled emission rates for that source, to the extent this
information is needed by the permitting authority to determine MACT;
(ix) The controlled emissions for the constructed or reconstructed
major source in tons/yr at expected and maximum utilization of capacity,
to the extent this information is needed by the permitting authority to
determine MACT;
(x) A recommended emission limitation for the constructed or
reconstructed major source consistent with the principles set forth in
paragraph (d) of this section;
(xi) The selected control technology to meet the recommended MACT
emission limitation, including technical information on the design,
operation, size, estimated control efficiency of the control technology
(and the manufacturer's name, address, telephone number, and relevant
specifications and drawings, if requested by the permitting authority);
(xii) Supporting documentation including identification of
alternative control technologies considered by the applicant to meet the
emission limitation, and analysis of cost and non-air quality health
environmental impacts or energy requirements for the selected control
technology; and
(xiii) Any other relevant information required pursuant to subpart
A.
(3) In each instance where the owner or operator contends that a
constructed or reconstructed major source will be in compliance, upon
startup, with case-by-case MACT under this subpart without a change in
control technology, the application for a MACT determination shall
contain the following information:
(i) The information described in paragraphs (e)(2)(i) through
(e)(2)(x) of this section; and
(ii) Documentation of the control technology in place.
(f) Administrative procedures for review of the Notice of MACT
Approval. (1) The permitting authority will notify the owner or operator
in writing, within 45 days from the date the application is first
received, as to whether the application for a MACT determination is
complete or whether additional information is required.
(2) The permitting authority will initially approve the recommended
MACT emission limitation and other terms set forth in the application,
or the permitting authority will notify the owner or operator in writing
of its intent to disapprove the application, within 30 calendar days
after the owner or operator is notified in writing that the application
is complete.
(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
[[Page 72]]
days after it notifies the owner or operator of an intent to disapprove
or within 30 days after the date additional information is received from
the owner or operator; whichever is earlier.
(5) A final determination by the permitting authority to disapprove
any application will be in writing and will specify the grounds on which
the disapproval is based. If any application is finally disapproved, the
owner or operator may submit a subsequent application concerning
construction or reconstruction of the same major source, provided that
the subsequent application has been amended in response to the stated
grounds for the prior disapproval.
(6) An initial decision to approve an application for a MACT
determination will be set forth in the Notice of MACT Approval as
described in paragraph (g) of this section.
(g) Notice of MACT Approval. (1) The Notice of MACT Approval will
contain a MACT emission limitation (or a MACT work practice standard if
the permitting authority determines it is not feasible to prescribe or
enforce an emission standard) to control the emissions of HAP. The MACT
emission limitation or standard will be determined by the permitting
authority and will conform to the principles set forth in paragraph (d)
of this section.
(2) The Notice of MACT Approval will specify any notification,
operation and maintenance, performance testing, monitoring, reporting
and record keeping requirements. The Notice of MACT Approval shall
include:
(i) In addition to the MACT emission limitation or MACT work
practice standard established under this subpart, additional emission
limits, production limits, operational limits or other terms and
conditions necessary to ensure Federal enforceability of the MACT
emission limitation;
(ii) Compliance certifications, testing, monitoring, reporting and
record keeping requirements that are consistent with the requirements of
Sec. 70.6(c) of this chapter;
(iii) In accordance with section 114(a)(3) of the Act, monitoring
shall be capable of demonstrating continuous compliance during the
applicable reporting period. Such monitoring data shall be of sufficient
quality to be used as a basis for enforcing all applicable requirements
established under this subpart, including emission limitations;
(iv) A statement requiring the owner or operator to comply with all
applicable requirements contained in subpart A of this part;
(3) All provisions contained in the Notice of MACT Approval shall be
federally enforceable upon the effective date of issuance of such
notice, as provided by paragraph (j) of this section.
(4) The Notice of MACT Approval shall expire if construction or
reconstruction has not commenced within 18 months of issuance, unless
the permitting authority has granted an extension which shall not exceed
an additional 12 months.
(h) Opportunity for public comment on the Notice of MACT Approval.
(1) The permitting authority will provide opportunity for public comment
on the Notice of MACT Approval, including, at a minimum:
(i) Availability for public inspection in at least one location in
the area affected of the information submitted by the owner or operator
and of the permitting authority's initial decision to approve the
application;
(ii) A 30-day period for submittal of public comment; and
(iii) A notice by prominent advertisement in the area affected of
the location of the source information and initial decision specified in
paragraph (h)(1)(i) of this section.
(2) At the discretion of the permitting authority, the Notice of
MACT Approval setting forth the initial decision to approve the
application may become final automatically at the end of 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
[[Page 73]]
operator either is required or elects to obtain such a permit before
construction or reconstruction), or other notice of approval issued
pursuant to paragraph (c)(2)(ii) of this section to the Administrator
through the appropriate Regional Office, and to all other State and
local air pollution control agencies having jurisdiction in affected
States.
(j) Effective date. The effective date of a MACT determination shall
be the date the Notice of MACT Approval becomes final, the date of
issuance of a title V permit incorporating a MACT determination (in
those instances where the owner or operator either is required or elects
to obtain such a permit before construction or reconstruction), or the
date any other notice of approval issued pursuant to paragraph
(c)(2)(ii) of this section becomes final.
(k) Compliance date. On and after the date of start-up, a
constructed or reconstructed major source which is subject to the
requirements of this subpart shall be in compliance with all applicable
requirements specified in the MACT determination.
(l) Compliance with MACT determinations. (1) An owner or operator of
a constructed or reconstructed major source that is subject to a MACT
determination shall comply with all requirements in the final Notice of
MACT Approval, the title V permit (in those instances where the owner or
operator either is required or elects to obtain such a permit before
construction or reconstruction), or any other final notice of approval
issued pursuant to paragraph (c)(2)(ii) of this section, including but
not limited to any MACT emission limitation or MACT work practice
standard, and any notification, operation and maintenance, performance
testing, monitoring, reporting, and recordkeeping requirements.
(2) An owner or operator of a constructed or reconstructed major
source which has obtained a MACT determination shall be deemed to be in
compliance with section 112(g)(2)(B) of the Act only to the extent that
the constructed or reconstructed major source is in compliance with all
requirements set forth in the final Notice of MACT Approval, the title V
permit (in those instances where the owner or operator either is
required or elects to obtain such a permit before construction or
reconstruction), or any other final notice of approval issued pursuant
to paragraph (c)(2)(ii) of this section. Any violation of such
requirements by the owner or operator shall be deemed by the permitting
authority and by EPA to be a violation of the prohibition on
construction or reconstruction in section 112(g)(2)(B) for whatever
period the owner or operator is determined to be in violation of such
requirements, and shall subject the owner or operator to appropriate
enforcement action under the Act.
(m) Reporting to the Administrator. Within 60 days of the issuance
of a final Notice of MACT Approval, a title V permit incorporating a
MACT determination (in those instances where the owner or operator
either is required or elects to obtain such a permit before construction
or reconstruction), or any other final notice of approval issued
pursuant to paragraph (c)(2)(ii) of this section, the permitting
authority shall provide a copy of such notice to the Administrator, and
shall provide a summary in a compatible electronic format for inclusion
in the MACT data base.
[20 FR 68401, Dec. 27, 1996]
Sec. 63.44 Requirements for constructed or reconstructed major sources subject to a subsequently promulgated MACT standard or MACT requirement.
(a) If the Administrator promulgates an emission standard under
section 112(d) or section 112(h) of the Act or the permitting authority
issues a determination under section 112(j) of the Act that is
applicable to a stationary source or group of sources which would 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
[[Page 74]]
operator shall comply with the promulgated standard by the compliance
date in the promulgated standard.
(b) If the Administrator promulgates an emission standard under
section 112(d) or section 112(h) of the Act or the permitting authority
makes a determination under section 112(j) of the Act that is applicable
to a stationary source or group of sources which was deemed to be a
constructed or reconstructed major source under this subpart and has
been subject to a prior case-by-case MACT determination pursuant to
Sec. 63.43, and the owner and operator obtained a final and legally
effective case-by-case MACT determination prior to the promulgation date
of such emission standard, then the permitting authority shall (if the
initial title V permit has not yet been issued) issue an initial
operating permit which incorporates the emission standard or
determination, or shall (if the initial title V permit has been issued)
revise the operating permit according to the reopening procedures in 40
CFR part 70 or part 71, whichever is relevant, to incorporate the
emission standard or determination.
(1) The EPA may include in the emission standard established under
section 112(d) or section 112(h) of the Act a specific compliance date
for those sources which have obtained a final and legally effective MACT
determination under this subpart and which have submitted the
information required by Sec. 63.43 to the EPA before the close of the
public comment period for the standard established under section 112(d)
of the Act. Such date shall assure that the owner or operator shall
comply with the promulgated standard as expeditiously as practicable,
but not longer than 8 years after such standard is promulgated. In that
event, the permitting authority shall incorporate the applicable
compliance date in the title V operating permit.
(2) If no compliance date has been established in the promulgated
112(d) or 112(h) standard or section 112(j) determination, for those
sources which have obtained a final and legally effective MACT
determination under this subpart, then the permitting authority shall
establish a compliance date in the permit that assures that the owner or
operator shall comply with the promulgated standard or determination as
expeditiously as practicable, but not longer than 8 years after such
standard is promulgated or a section 112(j) determination is made.
(c) Notwithstanding the requirements of paragraphs (a) and (b) of
this section, if the Administrator promulgates an emission standard
under section 112(d) or section 112(h) of the Act or the permitting
authority issues a determination under section 112(j) of the Act that is
applicable to a stationary source or group of sources which was deemed
to be a constructed or reconstructed major source under this subpart and
which is the subject of a prior case-by-case MACT determination pursuant
to Sec. 63.43, and the level of control required by the emission
standard issued under section 112(d) or section 112(h) or the
determination issued under section 112(j) is less stringent than the
level of control required by any emission limitation or standard in the
prior MACT determination, the permitting authority is not required to
incorporate any less stringent terms of the promulgated standard in the
title V operating permit applicable to such source(s) and may in its
discretion consider any more stringent provisions of the prior MACT
determination to be applicable legal requirements when issuing or
revising such an operating permit.
[61 FR 68404, Dec. 27, 1996]
Secs. 63.45-63.49 [Reserved]
Sec. 63.50 Applicability.
(a) General applicability. (1) The requirements of this section
through Sec. 63.56 implement section 112(j) of the Clean Air Act (as
amended in 1990). The requirements of this section through Sec. 63.56
apply in each State beginning on the effective date of an approved title
V permit program in such State. The requirements of this section through
Sec. 63.56 do not apply to research or laboratory activities as defined
in Sec. 63.51.
(2) The requirements of this section through Sec. 63.56 apply to:
(i) The owner or operator of affected sources within a source
category or subcategory under this part that are
[[Page 75]]
located at a major source that is subject to an approved title V permit
program and for which the Administrator has failed to promulgate
emission standards by the section 112(j) deadlines. If title V
applicability has been deferred for a source category, then section
112(j) is not applicable for sources in that category within that State,
local or tribal jurisdiction until those sources become subject to title
V permitting requirements; and
(ii) Permitting authorities with an approved title V permit program.
(b) Relationship to State and local requirements. Nothing in
Secs. 63.50 through 63.56 shall prevent a State or local regulatory
agency from imposing more stringent requirements, as a matter of State
or local law, than those contained in Secs. 63.50 through 63.56.
(c) The procedures in Secs. 63.50 through 63.56 apply for each
affected source only after the section 112(j) deadline for the source
category or subcategory in question has passed, and only until such time
as a generally applicable Federal standard governing that source has
been promulgated under section 112(d) or 112(h) of the Act. Once a
generally applicable Federal standard governing that source has been
promulgated, the owner or operator of the affected source and the
permitting authority are not required to take any further actions to
develop an equivalent emission limitation under section 112(j) of the
Act.
(d) Any final equivalent emission limitation for an affected source
which is issued by the permitting authority pursuant to Secs. 63.50
through 63.56 prior to promulgation of a generally applicable Federal
standard governing that source under section 112(d) or 112(h) of the Act
shall be deemed an applicable Federal requirement adopted pursuant to
section 112(j) of the Act. Each such equivalent emission limitation
shall take effect upon issuance of the permit containing that limitation
under section 112(j)(5) of the Act, and shall remain applicable to the
source until such time as it may be revised or supplanted pursuant to
the procedures established by Secs. 63.50 through 63.56. Such a final
equivalent emission limitation, and all associated requirements adopted
pursuant to Sec. 63.52(f)(2), are directly enforceable under Federal law
regardless of whether or not any permit in which they may be contained
remains in effect.
[59 FR 26449, May 20, 1994, as amended at 67 FR 16605, Apr. 5, 2002; 68
FR 32601, May 30, 2003]
Sec. 63.51 Definitions.
Terms used in Secs. 63.50 through 63.56 that are not defined in this
section have the meaning given to them in the Act, or in subpart A of
this part.
Affected source means the collection of equipment, activities, or
both within a single contiguous area and under common control that is in
a section 112(c) source category or subcategory for which the
Administrator has failed to promulgate an emission standard by the
section 112(j) deadline, and that is addressed by an applicable MACT
emission limitation established pursuant to this subpart.
Available information means, for purposes of conducting a MACT floor
finding and identifying control technology options under this subpart,
any information that is available as of the date on which the first Part
2 MACT application is filed for a source in the relevant source category
or subcategory in the State or jurisdiction; and, pursuant to the
requirements of this subpart, is additional relevant information that
can be expeditiously provided by the Administrator, is submitted by the
applicant or others prior to or during the public comment period on the
section 112(j) equivalent emission limitation for that source, or
information contained in the information sources in paragraphs (1)
through (5) of this definition.
(1) A relevant proposed regulation, including all supporting
information;
(2) Relevant background information documents for a draft or
proposed regulation.
(3) Any relevant regulation, information or guidance collected by
the Administrator establishing a MACT floor finding and/or MACT
determination.
(4) Relevant data and information available from the Clean Air
Technology Center developed pursuant to section 112(l)(3) of the Act.
[[Page 76]]
(5) Relevant data and information contained in the Aerometric
Information Retrieval System (AIRS).
(6) Any additional information that can be expeditiously provided by
the Administrator, and
(7) Any information provided by applicants in an application for a
permit, permit modification, administrative amendment, or Notice of MACT
Approval pursuant to the requirements of this subpart.
(8) Any additional relevant information provided by the applicant.
Control technology means measures, processes, methods, systems, or
techniques to limit the emission of hazardous air pollutants including,
but not limited to, measures which:
(1) Reduce the quantity, or eliminate emissions, of such pollutants
through process changes, substitution of materials or other
modifications;
(2) Enclose systems or processes to eliminate emissions;
(3) Collect, capture, or treat such pollutants when released from a
process, stack, storage or fugitive emissions point;
(4) Are design, equipment, work practice, or operational standards
(including requirements for operator training or certification) as
provided in 42 U.S.C. 7412(h); or
(5) Are a combination of paragraphs (1) through (4) of this
definition.
Enhanced review means a review process containing all administrative
steps needed to ensure that the terms and conditions resulting from the
review process can be incorporated using title V permitting procedures.
Equivalent emission limitation means an emission limitation,
established under section 112(j) of the Act, which is equivalent to the
MACT standard that EPA would have promulgated under section 112(d) or
(h) of the Act.
Maximum achievable control technology (MACT) emission limitation for
existing sources means the emission limitation reflecting the maximum
degree of reduction in emissions of hazardous air pollutants (including
a prohibition on such emissions, where achievable) that the
Administrator, taking into consideration the cost of achieving such
emission reductions, and any non-air quality health and environmental
impacts and energy requirements, determines is achievable by sources in
the category or subcategory to which such emission standard applies.
This limitation shall not be less stringent than the MACT floor.
Maximum achievable control technology (MACT) emission limitation for
new sources means the emission limitation which is not less stringent
than the emission limitation achieved in practice by the best controlled
similar source, and which reflects the maximum degree of reduction in
emissions of hazardous air pollutants (including a prohibition on such
emissions, where achievable) that the Administrator, taking into
consideration the cost of achieving such emission reduction, and any
non-air quality health and environmental impacts and energy
requirements, determines is achievable by sources in the category or
subcategory to which such emission standard applies.
Maximum Achievable Control Technology (MACT) floor means:
(1) For existing sources:
(i) The average emission limitation achieved by the best performing
12 percent of the existing sources in the United States (for which the
Administrator has emissions information), excluding those sources that
have, within 18 months before the emission standard is proposed or
within 30 months before such standard is promulgated, whichever is
later, first achieved a level of emission rate or emission reduction
which complies, or would comply if the source is not subject to such
standard, with the lowest achievable emission rate (as defined in
section 171 of the Act) applicable to the source category and prevailing
at the time, in the category or subcategory, for categories and
subcategories of stationary sources with 30 or more sources; or
(ii) The average emission limitation achieved by the best performing
five sources (for which the Administrator has or could reasonably obtain
emissions information) in the category or subcategory, for categories or
subcategories with fewer than 30 sources;
(2) For new sources, the emission limitation achieved in practice by
the best controlled similar source.
[[Page 77]]
New affected source means the collection of equipment, activities,
or both, that if constructed after the issuance of a section 112(j)
permit for the source pursuant to Sec. 63.52, is subject to the
applicable MACT emission limitation for new sources. Each permit must
define the term ``new affected source,'' which will be the same as the
``affected source'' unless a different collection is warranted based on
consideration of factors including:
(1) Emission reduction impacts of controlling individual sources
versus groups of sources;
(2) Cost effectiveness of controlling individual equipment;
(3) Flexibility to accommodate common control strategies;
(4) Cost/benefits of emissions averaging;
(5) Incentives for pollution prevention;
(6) Feasibility and cost of controlling processes that share common
equipment (e.g., product recovery devices);
(7) Feasibility and cost of monitoring; and
(8) Other relevant factors.
Permitting authority means the permitting authority as defined in
part 70 of this chapter.
Research or laboratory activities means activities whose primary
purpose is to conduct research and development into new processes and
products where such activities are operated under the close supervision
of technically trained personnel and are not engaged in the manufacture
of products for commercial sale in commerce, except in a de minimis
manner; and where the source is not in a source category, specifically
addressing research or laboratory activities, that is listed pursuant to
section 112(c)(7) of the Act.
Section 112(j) deadline means the date 18 months after the date for
which a relevant standard is scheduled to be promulgated under this
part, except that for all major sources listed in the source category
schedule for which a relevant standard is scheduled to be promulgated by
November 15, 1994, the section 112(j) deadline is November 15, 1996, and
for all major sources listed in the source category schedule for which a
relevant standard is scheduled to be promulgated by November 15, 1997,
the section 112(j) deadline is December 15, 1999.
Similar source means that equipment or collection of equipment that,
by virtue of its structure, operability, type of emissions and volume
and concentration of emissions, is substantially equivalent to the new
affected source and employs control technology for control of emissions
of hazardous air pollutants that is practical for use on the new
affected source.
Source category schedule for standards means the schedule for
promulgating MACT standards issued pursuant to section 112(e) of the
Act.
[59 FR 26449, May 20, 1994, as amended at 61 FR 21372, May 10, 1996; 64
FR 26314, May 14, 1999; 67 FR 16605, Apr. 5, 2002]
Sec. 63.52 Approval process for new and existing affected sources.
(a) Sources subject to section 112(j) as of the section 112(j)
deadline. The requirements of paragraphs (a)(1) and (2) of this section
apply to major sources that include, as of the section 112(j) deadline,
one or more sources in a category or subcategory for which the
Administrator has failed to promulgate an emission standard under this
part on or before an applicable section 112(j) deadline. Existing source
MACT requirements (including relevant compliance deadlines), as
specified in a title V permit issued to the source pursuant to the
requirements of the subpart, must apply to such sources.
(1) The owner or operator must submit an application for a title V
permit or for a revision to an existing title V permit or a pending
title V permit meeting the requirements of Sec. 63.53(a) by the section
112(j) deadline if the owner or operator can reasonably determine that
one or more sources at the major source belong in the category or
subcategory subject to section 112(j).
(2) If an application was not submitted under paragraph (a)(1) of
this section and if notified by the permitting authority, the owner or
operator must submit an application for a title V permit or for a
revision to an existing title V permit or a pending title V permit
meeting the requirements of
[[Page 78]]
Sec. 63.53(a) within 30 days after being notified in writing by the
permitting authority that one or more sources at the major source belong
to such category or subcategory. Permitting authorities are not required
to make such notification.
(3) The requirements in paragraphs (a)(3)(i) through (ii) of this
section apply when the owner or operator has obtained a title V permit
that incorporates a case-by-case MACT determination by the permitting
authority under section 112(g) or has submitted a title V permit
application for a revision that incorporates a case-by-case MACT
determination under section 112(g), but has not submitted an application
for a title V permit revision that addresses the emission limitation
requirements of section 112(j).
(i) When the owner or operator has a title V permit that
incorporates a case-by-case MACT determination by the permitting
authority under section 112(g), the owner or operator must submit an
application meeting the requirements of Sec. 63.53(a) for a title V
permit revision within 30 days of the section 112(j) deadline or within
30 days of being notified in writing by the permitting authority that
one or more sources at the major source belong in such category or
subcategory. Using the procedures established in paragraph (e) of this
section, the permitting authority must determine whether the emission
limitations adopted pursuant to the prior case-by-case MACT
determination under section 112(g) are substantially as effective as the
emission limitations which the permitting authority would otherwise
adopt pursuant to section 112(j) for the source in question. If the
permitting authority determines that the emission limitations previously
adopted to effectuate section 112(g) are substantially as effective as
the emission limitations which the permitting authority would otherwise
adopt to effectuate section 112(j) for the source, then the permitting
authority must retain the existing emission limitations in the permit as
the emission limitations to effectuate section 112(j). The title V
permit applicable to that source must be revised accordingly. If the
permitting authority does not retain the existing emission limitations
in the permit as the emission limitations to effectuate section 112(j),
the MACT requirements of this subpart are satisfied upon issuance of a
revised title V permit incorporating any additional section 112(j)
requirements.
(ii) When the owner or operator has submitted a title V permit
application that incorporates a case-by-case MACT determination by the
permitting authority under section 112(g), but has not received the
permit incorporating the section 112(g) requirements, the owner or
operator must continue to pursue a title V permit that addresses the
emission limitation requirements of section 112(g). Within 30 days of
issuance of that title V permit, the owner or operator must submit an
application meeting the requirements of Sec. 63.53(a) for a change to
the existing title V permit. Using the procedures established in
paragraph (e) of this section, the permitting authority must determine
whether the emission limitations adopted pursuant to the prior case-by-
case MACT determination under section 112(g) are substantially as
effective as the emission limitations which the permitting authority
would otherwise adopt pursuant to section 112(j) for the source in
question. If the permitting authority determines that the emission
limitations previously adopted to effectuate section 112(g) are
substantially as effective as the emission limitations which the
permitting authority would otherwise adopt to effectuate section 112(j)
for the source, then the permitting authority must retain the existing
emission limitations in the permit as the emission limitations to
effectuate section 112(j). The title V permit applicable to that source
must be revised accordingly. If the permitting authority does not retain
the existing emission limitations in the permit as the emission
limitations to effectuate section 112(j), the MACT requirements of this
subpart are satisfied upon issuance of a revised title V permit
incorporating any additional section 112(j) requirements.
(b) Sources that become subject to section 112(j) after the section
112(j) deadline and that do not have a title V permit addressing section
112(j) requirements. The requirements of paragraphs (b)(1)
[[Page 79]]
through (4) of this section apply to sources that do not meet the
criteria in paragraph (a) of this section on the section 112(j) deadline
and are, therefore, not subject to section 112(j) on that date, but
where events occur subsequent to the section 112(j) deadline that would
bring the source under the requirements of this subpart, and the source
does not have a title V permit that addresses the requirements of
section 112(j).
(1) When one or more sources in a category or subcategory subject to
the requirements of this subpart are installed at a major source, or
result in the source becoming a major source due to the installation,
and the installation does not invoke section 112(g) requirements, the
owner or operator must submit an application meeting the requirements of
Sec. 63.53(a) within 30 days of startup of the source. This application
shall be reviewed using the procedures established in paragraph (e) of
this section. Existing source MACT requirements (including relevant
compliance deadlines), as specified in a title V permit issued pursuant
to the requirements of this subpart, shall apply to such sources.
(2) The requirements in this paragraph apply when one or more
sources in a category or subcategory subject to this subpart are
installed at a major source, or result in the source becoming a major
source due to the installation, and the installation does require
emission limitations to be established and permitted under section
112(g), and the owner or operator has not submitted an application for a
title V permit revision that addresses the emission limitation
requirements of section 112(j). In this case, the owner or operator must
apply for and obtain a title V permit that addresses the emission
limitation requirements of section 112(g). Within 30 days of issuance of
that title V permit, the owner or operator must submit an application
meeting the requirements of Sec. 63.53(a) for a revision to the existing
title V permit. Using the procedures established in paragraph (e) of
this section, the permitting authority must determine whether the
emission limitations adopted pursuant to the prior case-by-case MACT
determination under section 112(g) are substantially as effective as the
emission limitations which the permitting authority would otherwise
adopt pursuant to section 112(j) for the source in question. If the
permitting authority determines that the emission limitations previously
adopted to effectuate section 112(g) are substantially as effective as
the emission limitations which the permitting authority would otherwise
adopt to effectuate section 112(j) for the source, then the permitting
authority must retain the existing emission limitations in the permit as
the emission limitations to effectuate section 112(j). The title V
permit applicable to that source must be revised accordingly. If the
permitting authority does not retain the existing emission limitations
in the permit as the emission limitations to effectuate section 112(j),
the MACT requirements of this subpart are satisfied upon issuance of a
revised title V permit incorporating any additional section 112(j)
requirements.
(3) The owner or operator of an area source that, due to a
relaxation in any federally enforceable emission limitation (such as a
restriction on hours of operation), increases its potential to emit
hazardous air pollutants such that the source becomes a major source
that is subject to this subpart, must submit an application meeting the
requirements of Sec. 63.53(a) for a title V permit or for an application
for a title V permit revision within 30 days after the date that such
source becomes a major source. This application must be reviewed using
the procedures established in paragraph (e) of this section. Existing
source MACT requirements (including relevant compliance deadlines), as
specified in a title V permit issued pursuant to the requirements of
this subpart, must apply to such sources.
(4) On or after April 5, 2002, if the Administrator establishes a
lesser quantity emission rate under section 112(a)(1) of the Act that
results in an area source becoming a major source that is subject to
this subpart, then the owner or operator of such a major source must
submit an application meeting the requirements of Sec. 63.53(a) for a
title V permit or for a change to an existing title V permit or pending
[[Page 80]]
title V permit on or before the date 6 months after the date that such
source becomes a major source. Existing source MACT requirements
(including relevant compliance deadlines), as specified in a title V
permit issued pursuant to the requirements of this subpart, shall apply
to such sources.
(c) Sources that have a title V permit addressing section 112(j)
requirements. The requirements of paragraphs (c)(1) and (2) of this
section apply to major sources that include one or more sources in a
category or subcategory for which the Administrator fails to promulgate
an emission standard under this part on or before an applicable section
112(j) deadline, and the owner or operator has a permit meeting the
section 112(j) requirements, and where changes occur at the major source
to equipment, activities, or both, subsequent to the section 112(j)
deadline.
(1) If the title V permit already provides the appropriate
requirements that address the events that occur under paragraph (c) of
this section subsequent to the section 112(j) deadline, then the source
must comply with the applicable new source MACT or existing source MACT
requirements as specified in the permit, and the section 112(j)
requirements are thus satisfied.
(2) If the title V permit does not contain the appropriate
requirements that address the events that occur under paragraph (c) of
this section subsequent to the section 112(j) deadline, then the owner
or operator must submit an application for a revision to the existing
title V permit that meets the requirements of Sec. 63.53(a). The
application must be submitted within 30 days of beginning construction
and must be reviewed using the procedures established in paragraph (e)
of this section. Existing source MACT requirements (including relevant
compliance deadlines), as specified in a title V permit issued pursuant
to the requirements of this subpart, shall apply to such sources.
(d) Requests for applicability determination or notice of MACT
approval.
(1) An owner or operator who is unsure of whether one or more
sources at a major source belong in a category or subcategory for which
the Administrator has failed to promulgate an emission standard under
this part may, on or before an applicable section 112(j) deadline,
request an applicability determination from the permitting authority by
submitting an application meeting the requirements of Sec. 63.53(a) by
the applicable deadlines specified in paragraphs (a), (b), or (c) of
this section.
(2) In addition to meeting the requirements of paragraphs (a), (b),
and (c) of this section, the owner or operator of a new affected source
may submit an application for a Notice of MACT Approval before
construction, pursuant to Sec. 63.54.
(e) Permit application review.
(e) Permit application review. (1) Each owner or operator who is
required to submit to the permitting authority a Part 1 MACT application
which meets the requirements of Sec. 63.53(a) for one or more sources in
a category or subcategory subject to section 112(j) must also submit to
the permitting authority a timely Part 2 MACT application for the same
sources which meets the requirements of Sec. 63.53(b). Each owner or
operator shall submit the Part 2 MACT application for the sources in a
particular category or subcategory no later than the applicable date
specified in Table 1 to this subpart. The submission date specified in
Table 1 to this subpart for Miscellaneous Organic Chemical Manufacturing
shall apply to sources in each of the source categories listed in Table
2 to this subpart. When the owner or operator is required by Secs. 63.50
through 63.56 to submit an application meeting the requirements of
Sec. 63.53(a) by a date which is after the date for a Part 2 MACT
application for sources in the category or subcategory in question
established by Table 1 to this subpart, the owner or operator shall
submit a Part 2 MACT application meeting the requirements of
Sec. 63.53(b) within 60 additional days after the applicable deadline
for submission of the Part 1 MACT application. Part 2 MACT applications
must be reviewed by the permitting authority according to procedures
established in Sec. 63.55. The resulting MACT determination must be
incorporated into the source's title V permit according to procedures
established under title V, and any other regulations approved under
title V in the
[[Page 81]]
jurisdiction in which the affected source is located.
(2) Notwithstanding paragraph (e)(1) of this section, the owner or
operator may request either an applicability determination or an
equivalency determination by the permitting authority as provided in
paragraphs (e)(2)(i) and (ii) of this section.
(i) Each owner or operator who submitted a request for an
applicability determination pursuant to paragraph (d)(1) of this section
on or before May 15, 2002, which remains pending before the permitting
authority on May 30, 2003, and who still wishes to obtain such a
determination, must resubmit that request by July 29, 2003, or by the
date which is 60 days after the Administrator publishes in the Federal
Register a proposed standard under section 112(d) or 112(h) of the Act
for the category or subcategory in question, whichever is later. Each
request for an applicability determination which is resubmitted under
this paragraph (e)(2)(i) must be supplemented to discuss the relation
between the source(s) in question and the applicability provision in the
proposed standard for the category or subcategory in question, and to
explain why there may still be uncertainties that require a
determination of applicability. The permitting authority must take
action upon each properly resubmitted and supplemented request for an
applicability determination within an additional 60 days after the
applicable deadline for the resubmitted request. If the applicability
determination is positive, the owner or operator must submit a Part 2
MACT application meeting the requirements of Sec. 63.53(b) by the date
specified for the category or subcategory in question in Table 1 to this
subpart. If the applicability determination is negative, then no further
action by the owner or operator is necessary.
(ii) As specified in paragraphs (a) and (b) of this section, an
owner or operator who has submitted an application meeting the
requirements of Sec. 63.53(a) may request a determination by the
permitting authority of whether emission limitations adopted pursuant to
a prior case-by-case MACT determination under section 112(g) that apply
to one or more sources at a major source in a relevant category or
subcategory are substantially as effective as the emission limitations
which the permitting authority would otherwise adopt pursuant to section
112(j) for the source in question. Such a request must be submitted by
the date for the category or subcategory in question specified in Table
1 to this subpart. Any owner or operator who previously submitted such a
request under a prior version of this paragraph (e)(2)(ii) need not
resubmit the request. Each request for an equivalency determination
under this paragraph (e)(2)(ii), regardless of when it was submitted,
will be construed in the alternative as a complete application for an
equivalent emission limitation under section 112(j). The process for
determination by the permitting authority of whether the emission
limitations in the prior case-by-case MACT determination are
substantially as effective as the emission limitations which the
permitting authority would otherwise adopt under section 112(j) must
include the opportunity for full public, EPA, and affected State review
prior to a final determination. If the permitting authority determines
that the emission limitations in the prior case-by-case MACT
determination are substantially as effective as the emission limitations
which the permitting authority would otherwise adopt under section
112(j), then the permitting authority must adopt the existing emission
limitations in the permit as the emission limitations to effectuate
section 112(j) for the source in question. If more than 3 years remain
on the current title V permit, the owner or operator must submit an
application for a title V permit revision to make any conforming changes
in the permit required to adopt the existing emission limitations as the
section 112(j) MACT emission limitations. If less than 3 years remain on
the current title V permit, any required conforming changes must be made
when the permit is renewed. If the permitting authority determines that
the emission limitations in the prior case-by-case MACT determination
under section 112(g) are not substantially as effective as the emission
limitations which the permitting authority would otherwise adopt
[[Page 82]]
for the source in question under section 112(j), the permitting
authority must make a new MACT determination and adopt a title V permit
incorporating an appropriate equivalent emission limitation under
section 112(j). Such a determination constitutes final action for
purposes of judicial review under 40 CFR 70.4(b)(3)(x) and corresponding
State title V program provisions.
(3) Within 60 days of submittal of the Part 2 MACT application, the
permitting authority must notify the owner or operator in writing
whether the application is complete or incomplete. The Part 2 MACT
application shall be deemed complete on the date it was submitted unless
the permitting authority notifies the owner or operator in writing
within 60 days of the submittal that the Part 2 MACT application is
incomplete. A Part 2 MACT application is complete if it is sufficient to
begin processing the application for a title V permit addressing section
112(j) requirements. In the event that the permitting authority
disapproves a permit application or determines that the application is
incomplete, the owner or operator must revise and resubmit the
application to meet the objections of the permitting authority. The
permitting authority must specify a reasonable period in which the owner
or operator is required to remedy the deficiencies in the disapproved or
incomplete application. This period may not exceed 6 months from the
date the owner or operator is first notified that the application has
been disapproved or is incomplete.
(4) Following submittal of a Part 1 or Part 2 MACT application, the
permitting authority may request additional information from the owner
or operator. The owner or operator must respond to such requests in a
timely manner.
(5) If the owner or operator has submitted a timely and complete
application as required by this section, any failure to have a title V
permit addressing section 112(j) requirements shall not be a violation
of section 112(j), unless the delay in final action is due to the
failure of the applicant to submit, in a timely manner, information
required or requested to process the application. Once a complete
application is submitted, the owner or operator shall not be in
violation of the requirement to have a title V permit addressing section
112(j) requirements.
(f) Permit content. The title V permit must contain an equivalent
emission limitation (or limitations) for the relevant category or
subcategory determined on a case-by-case basis by the permitting
authority, or, if the applicable criteria in subpart D of this part are
met, the title V permit may contain an alternative emission limitation.
For the purposes of the preceding sentence, early reductions made
pursuant to section 112(i)(5)(A) of the Act must be achieved not later
than the date on which the relevant standard should have been
promulgated according to the source category schedule for standards.
(1) The title V permit must contain an emission standard or emission
limitation that is equivalent to existing source MACT and an emission
standard or emission limitation that is equivalent to new source MACT
for control of emissions of hazardous air pollutants. The MACT emission
standards or limitations must be determined by the permitting authority
and must be based on the degree of emission reductions that can be
achieved if the control technologies or work practices are installed,
maintained, and operated properly. The permit must also specify the
affected source and the new affected source. If construction of a new
affected source or reconstruction of an affected source commences after
a title V permit meeting the requirements of section 112(j) has been
issued for the source, the new source MACT compliance dates must apply.
(2) The title V permit must specify any notification, operation and
maintenance, performance testing, monitoring, and reporting and
recordkeeping requirements. In developing the title V permit, the
permitting authority must consider and specify the appropriate
provisions of subpart A of this part. The title V permit must also
include the information in paragraphs (f)(2)(i) through (iii) of this
section.
(i) In addition to the MACT emission limitation required by
paragraph (f)(1) of this section, additional emission
[[Page 83]]
limits, production limits, operational limits or other terms and
conditions necessary to ensure practicable enforceability of the MACT
emission limitation.
(ii) Compliance certifications, testing, monitoring, reporting and
recordkeeping requirements that are consistent with requirements
established pursuant to title V and paragraph (h) of this section.
(iii) Compliance dates by which the owner or operator must be in
compliance with the MACT emission limitation and all other applicable
terms and conditions of the permit.
(A) The owner or operator of an affected source subject to the
requirements of this subpart must comply with the emission limitation(s)
by the date established in the source's title V permit. In no case shall
such compliance date be later than 3 years after the issuance of the
permit for that source, except where the permitting authority issues a
permit that grants an additional year to comply in accordance with
section 112(i)(3)(B) of the Act, or unless otherwise specified in
section 112(i), or in subpart D of this part.
(B) The owner or operator of a new affected source, as defined in
the title V permit meeting the requirements of section 112(j), that is
subject to the requirements of this subpart must comply with a new
source MACT level of control immediately upon startup of the new
affected source.
(g) Permit issuance dates.
The permitting authority must issue a title V permit meeting section
112(j) requirements within 18 months after submittal of the complete
Part 2 MACT application.
(h) Enhanced monitoring. In accordance with section 114(a)(3) of the
Act, monitoring shall be capable of demonstrating continuous compliance
for each compliance period during the applicable reporting period. Such
monitoring data shall be of sufficient quality to be used as a basis for
directly enforcing all applicable requirements established under this
subpart, including emission limitations.
(i) MACT emission limitations.
(1) The owner or operator of affected sources subject to paragraphs
(a), (b), and (c) of this section must comply with all requirements of
this subpart that are applicable to affected sources, including the
compliance date for affected sources established in paragraph
(f)(2)(iii)(A) of this section.
(2) The owner or operator of new affected sources subject to
paragraph (c)(1) of this section must comply with all requirements of
this subpart that are applicable to new affected sources, including the
compliance date for new affected sources established in paragraph
(f)(2)(iii)(B) of this section.
[67 FR 16606, Apr. 5, 2002; 68 FR 32602, May 30, 2003]
Sec. 63.53 Application content for case-by-case MACT determinations.
(a) Part 1 MACT application. The Part 1 application for a MACT
determination must contain the information in paragraphs (a)(1) through
(4) of this section.
(1) The name and address (physical location) of the major source.
(2) A brief description of the major source and an identification of
the relevant source category.
(3) An identification of the types of emission points belonging to
the relevant source category.
(4) An identification of any affected sources for which a section
112(g) MACT determination has been made.
(b) Part 2 MACT application.
(1) In compiling a Part 2 MACT application, the owner or operator
may cross-reference specific information in any prior submission by the
owner or operator to the permitting authority, but in cross-referencing
such information the owner or operator may not presume favorable action
on any prior application or request which is still pending. In compiling
a Part 2 MACT application, the owner or operator may also cross-
reference any part of a standard proposed by the Administrator pursuant
to section 112(d) or 112(h) of the Act for any category or subcategory
which includes sources to which the Part 2 application applies.
(2) The Part 2 application for a MACT determination must contain the
information in paragraphs (b)(2)(i) through (b)(2)(v) of this section.
(i) For a new affected source, the anticipated date of startup of
operation.
[[Page 84]]
(ii) Each emission point or group of emission points at the affected
source which is part of a category or subcategory for which a Part 2
MACT application is required, and each of the hazardous air pollutants
emitted at those emission points. When the Administrator has proposed a
standard pursuant to section 112(d) or 112(h) of the Act for a category
or subcategory, such information may be limited to those emission points
and hazardous air pollutants which would be subject to control under the
proposed standard.
(iii) Any existing Federal, State, or local limitations or
requirements governing emissions of hazardous air pollutants from those
emission points which are part of a category or subcategory for which a
Part 2 application is required.
(iv) For each identified emission point or group of affected
emission points, an identification of control technology in place.
(v) Any additional emission data or other information specifically
requested by the permitting authority.
(3) The Part 2 application for a MACT determination may, but is not
required to, contain the following information:
(i) Recommended emission limitations for the affected source and
support information consistent with Sec. 63.52(f). The owner or operator
may recommend a specific design, equipment, work practice, or
operational standard, or combination thereof, as an emission limitation.
(ii) A description of the control technologies that would be applied
to meet the emission limitation including technical information on the
design, operation, size, estimated control efficiency and any other
information deemed appropriate by the permitting authority, and
identification of the affected sources to which the control technologies
must be applied.
(iii) Relevant parameters to be monitored and frequency of
monitoring to demonstrate continuous compliance with the MACT emission
limitation over the applicable reporting period.
[67 FR 16609, Apr. 5, 2002, as amended at 68 FR 32602, May 30, 2003]
Sec. 63.54 Preconstruction review procedures for new affected sources.
The requirements of this section apply to an owner or operator who
constructs a new affected source subject to Sec. 63.52(c)(1). The
purpose of this section is to describe alternative review processes that
the permitting authority may use to make a MACT determination for the
new affected source.
(a) Review process for new affected sources. (1) If the permitting
authority requires an owner or operator to obtain or revise a title V
permit before construction of the new affected source, or when the owner
or operator chooses to obtain or revise a title V permit before
construction, the owner or operator must follow the procedures
established under the applicable title V permit program before
construction of the new affected source.
(2) If an owner or operator is not required to obtain or revise a
title V permit before construction of the new affected source (and has
not elected to do so), but the new affected source is covered by any
preconstruction or preoperation review requirements established pursuant
to section 112(g) of the Act, then the owner or operator must comply
with those requirements in order to ensure that the requirements of
section 112(j) and (g) are satisfied. If the new affected source is not
covered by section 112(g), the permitting authority, in its discretion,
may issue a Notice of MACT Approval, or the equivalent, in accordance
with the procedures set forth in paragraphs (b) through (f) of this
section, or an equivalent permit review process, before construction or
operation of the new affected source.
(3) Regardless of the review process, the MACT determination shall
be consistent with the principles established in Sec. 63.55. The
application for a Notice of MACT Approval or a title V permit, permit
modification, or administrative amendment, whichever is applicable,
shall include the documentation required by Sec. 63.53.
(b) Optional administrative procedures for preconstruction or
preoperation review for new affected sources. The permitting authority
may provide for an enhanced review of section 112(j) MACT determinations
for review procedures and
[[Page 85]]
compliance requirements equivalent to those set forth in paragraphs (b)
through (f) of this section.
(1) The permitting authority will notify the owner or operator in
writing as to whether the application for a MACT determination is
complete or whether additional information is required.
(2) The permitting authority will approve an applicant's proposed
control technology, or the permitting authority will notify the owner or
operator in writing of its intention to disapprove a control technology.
(3) The owner or operator may present in writing, within a time
frame specified by the permitting authority, additional information,
considerations, or amendments to the application before the permitting
authority's issuance of a final disapproval.
(4) The permitting authority will issue a preliminary approval or
issue a disapproval of the application, taking into account additional
information received from the owner or operator.
(5) A determination to disapprove any application will be in writing
and will specify the grounds on which the disapproval is based.
(6) Approval of an applicant's proposed control technology must be
set forth in a Notice of MACT Approval (or the equivalent) as described
in Sec. 63.52(f).
(c) Opportunity for public comment on Notice of MACT Approval. The
permitting authority will provide opportunity for public comment on the
preliminary Notice of MACT Approval prior to issuance, including, at a
minimum,
(1) Availability for public inspection in at least one location in
the area affected of the information submitted by the owner or operator
and of the permitting authority's tentative determination;
(2) A period for submittal of public comment of at least 30 days;
and
(3) A notice by prominent advertisement in the area affected of the
location of the source information and analysis specified in
Sec. 63.52(f). The form and content of the notice must be substantially
equivalent to that found in Sec. 70.7 of this chapter.
(4) An opportunity for a public hearing, if one is requested. The
permitting authority will give at least 30 days notice in advance of any
hearing.
(d) Review by the EPA and affected States. The permitting authority
must send copies of the preliminary notice (in time for comment) and
final notice required by paragraph (c) of this section to the
Administrator through the appropriate Regional Office, and to all other
State and local air pollution control agencies having jurisdiction in
affected States. The permitting authority must provide EPA with a review
period for the final notice of at least 45 days and shall not issue a
final Notice of MACT Approval until EPA objections are satisfied.
(e) Compliance with MACT determinations. An owner or operator of a
major source that is subject to a MACT determination must comply with
notification, operation and maintenance, performance testing,
monitoring, reporting, and recordkeeping requirements established under
Sec. 63.52(h), under title V, and at the discretion of the permitting
authority, under subpart A of this part. The permitting authority must
provide the EPA with the opportunity to review compliance requirements
for consistency with requirements established pursuant to title V during
the review period under paragraph (d) of this section.
(f) Equivalency under section 112(l). If a permitting authority
requires preconstruction review for new source MACT determinations under
this subpart, such requirement shall not necessitate a determination
under subpart E of this part.
[59 FR 26449, May 20, 1994, as amended at 67 FR 16610, Apr. 5, 2002]
Sec. 63.55 Maximum achievable control technology (MACT) determinations for affected sources subject to case-by-case determination of equivalent emission
limitations.
(a) Requirements for permitting authorities. The permitting
authority must determine whether the Sec. 63.53(a) Part 1 and
Sec. 63.53(b) Part 2 MACT application is complete or an application for
a Notice of MACT Approval is approvable. In either case, when the
application is complete or approvable, the permitting authority must
establish hazardous air pollutant emissions limitations equivalent to
the limitations that would apply if an emission standard had been
[[Page 86]]
issued in a timely manner under section 112(d) or (h) of the Act. The
permitting authority must establish these emissions limitations
consistent with the following requirements and principles:
(1) Emission limitations must be established for the equipment and
activities within the affected sources within a source category or
subcategory for which the section 112(j) deadline has passed.
(2) Each emission limitation for an existing affected source must
reflect the maximum degree of reduction in emissions of hazardous air
pollutants (including a prohibition on such emissions, where achievable)
that the permitting authority, taking into consideration the cost of
achieving such emission reduction and any non-air quality health and
environmental impacts and energy requirements, determines is achievable
by affected sources in the category or subcategory for which the section
112(j) deadline has passed. This limitation must not be less stringent
than the MACT floor which must be established by the permitting
authority according to the requirements of section 112(d)(3)(A) and (B)
and must be based upon available information.
(3) Each emission limitation for a new affected source must reflect
the maximum degree of reduction in emissions of hazardous air pollutants
(including a prohibition on such emissions, where achievable) that the
permitting authority, taking into consideration the cost of achieving
such emission reduction and any non-air quality health and environmental
impacts and energy requirements, determines is achievable. This
limitation must not be less stringent than the emission limitation
achieved in practice by the best controlled similar source which must be
established by the permitting authority according to the requirements of
section 112(d)(3). This limitation must be based upon available
information.
(4) The permitting authority must select a specific design,
equipment, work practice, or operational standard, or combination
thereof, when it is not feasible to prescribe or enforce an equivalent
emission limitation due to the nature of the process or pollutant. It is
not feasible to prescribe or enforce a limitation when the Administrator
determines that hazardous air pollutants cannot be emitted through a
conveyance designed and constructed to capture such pollutant, or that
any requirement for, or use of, such a conveyance would be inconsistent
with any Federal, State, or local law, or the application of measurement
methodology to a particular class of sources is not practicable due to
technological and economic limitations.
(5) Nothing in this subpart shall prevent a State or local
permitting authority from establishing an emission limitation more
stringent than required by Federal regulations.
(b) Reporting to EPA. The owner or operator must submit additional
copies of its Part 1 and Part 2 MACT application for a title V permit,
permit revision, or Notice of MACT Approval, whichever is applicable, to
the EPA at the same time the material is submitted to the permitting
authority.
[67 FR 16610, Apr. 5, 2002]
Sec. 63.56 Requirements for case-by-case determination of equivalent emission limitations after promulgation of subsequent MACT standard.
(a) If the Administrator promulgates a relevant emission standard
that is applicable to one or more affected sources within a major source
before the date a permit application under this paragraph (a) is
approved, the title V permit must contain the promulgated standard
rather than the emission limitation determined under Sec. 63.52, and the
owner or operator must comply with the promulgated standard by the
compliance date in the promulgated standard.
(b) If the Administrator promulgates a relevant emission standard
under section 112(d) or (h) of the Act that is applicable to a source
after the date a permit is issued pursuant to Sec. 63.52 or Sec. 63.54,
the permitting authority must incorporate requirements of that standard
in the title V permit upon its next renewal. The permitting authority
must establish a compliance date in the revised permit that assures that
the owner or operator must comply with the promulgated standard within
[[Page 87]]
a reasonable time, but not longer than 8 years after such standard is
promulgated or 8 years after the date by which the owner or operator was
first required to comply with the emission limitation established by the
permit, whichever is earlier. However, in no event shall the period for
compliance for existing sources be shorter than that provided for
existing sources in the promulgated standard.
(c) Notwithstanding the requirements of paragraph (a) or (b) of this
section, the requirements of paragraphs (c)(1) and (2) of this section
shall apply.
(1) If the Administrator promulgates an emission standard under
section 112(d) or (h) that is applicable to an affected source after the
date a permit application under this paragraph is approved under
Sec. 63.52 or Sec. 63.54, the permitting authority is not required to
change the emission limitation in the permit to reflect the promulgated
standard if the permitting authority determines that the level of
control required by the emission limitation in the permit is
substantially as effective as that required by the promulgated standard
pursuant to Sec. 63.1(e).
(2) If the Administrator promulgates an emission standard under
section 112(d) or (h) of the Act that is applicable to an affected
source after the date a permit application is approved under Sec. 63.52
or Sec. 63.54, and the level of control required by the promulgated
standard is less stringent than the level of control required by any
emission limitation in the prior MACT determination, the permitting
authority is not required to incorporate any less stringent emission
limitation of the promulgated standard in the title V permit and may in
its discretion consider any more stringent provisions of the MACT
determination to be applicable legal requirements when issuing or
revising such a title V permit.
Table 1 to Subpart B of Part 63--Section 112(j) Part 2 Application Due
Dates
------------------------------------------------------------------------
Due date MACT standard
------------------------------------------------------------------------
10/30/03............................ Combustion Turbines.
Lime Manufacturing.
Site Remediation.
Iron and Steel Foundries.
Taconite Iron Ore Processing.
Miscellaneous Organic Chemical
Manufacturing (MON).\1\
Organic Liquids Distribution.
Primary Magnesium Refining.
Metal Can (Surface Coating).
Plastic Parts and Products
(Surface Coating).
Chlorine Production.
Miscellaneous Metal Parts and
Products (Surface Coating) (and
Asphalt/Coal Tar Application--
Metal Pipes).\2\
4/28/04............................. Industrial Boilers, Institutional/
Commercial Boilers and Process
Heaters.\3\
Plywood and Composite Wood
Products.
Reciprocating Internal Combustion
Engines.\4\
Auto and Light-Duty Truck (Surface
Coating).
8/13/05............................. Industrial Boilers, Institutional/
Commercial Boilers, and Process
Heaters.\5\
Hydrochloric Acid Production.\6\
------------------------------------------------------------------------
\1\ Covers 23 source categories, see Table 2 to this subpart.
\2\ Two source categories.
\3\ Includes all sources in the three categories, Industrial Boilers,
Institutional/Commercial Boilers, and Process Heaters that burn no
hazardous waste.
\4\ Includes engines greater than 500 brake horsepower.
\5\ Includes all sources in the three categories, Industrial Boilers,
Institutional/Commercial Boilers, and Process Heaters that burn
hazardous waste.
\6\ Includes furnaces that produce acid from hazardous waste at sources
in the category Hydrochloric Acid Production.
[68 FR 32603, May 30, 2003]
Table 2 to Subpart B of Part 63--MON Source Categories
------------------------------------------------------------------------
---------------------------------------------------------------------------
Manufacture of Paints, Coatings, and Adhesives.
Alkyd Resins Production.
Maleic Anhydride Copolymers Production.
Polyester Resins Production.
Polymerized Vinylidene Chloride Production.
Polymethyl Methacrylate Resins Production.
Polyvinyl Acetate Emulsions Production.
Polyvinyl Alcohol Production.
Polyvinyl Butyral Production.
Ammonium Sulfate Production-Caprolactam By-Product Plants.
Quaternary Ammonium Compounds Production.
[[Page 88]]
Benzyltrimethylammonium Chloride Production.
Carbonyl Sulfide Production.
Chelating Agents Production.
Chlorinated Paraffins Production.
Ethylidene Norbornene Production.
Explosives Production.
Hydrazine Production.
OBPA/1,3-Diisocyanate Production.
Photographic Chemicals Production.
Phthalate Plasticizers Production.
Rubber Chemicals Manufacturing.
Symmetrical Tetrachloropyridine Production.
------------------------------------------------------------------------
[68 FR 32603, May 30, 2003]
Subpart C--List of Hazardous Air Pollutants, Petitions Process, Lesser
Quantity Designations, Source Category List
Sec. 63.60 Deletion of caprolactam from the list of hazardous air pollutants.
The substance caprolactam (CAS number 105602) is deleted from the
list of hazardous air pollutants established by 42 U.S.C. 7412(b)(1).
[61 FR 30823, June 18, 1996]
Sec. 63.61 [Reserved]
Sec. 63.62 Redefinition of glycol ethers listed as hazardous air pollutants.
The following definition of the glycol ethers category of hazardous
air pollutants applies instead of the definition set forth in 42 U.S.C.
7412(b)(1), footnote 2: Glycol ethers include mono- and di-ethers of
ethylene glycol, diethylene glycol, and triethylene glycol R-
(OCH2CH2)n-OR'.
Where:
n = 1, 2, or 3;
R = alkyl C7 or less; or
R = phenyl or alkyl substituted phenyl;
R'= H or alkyl C7 or less; or
OR' consisting of carboxylic acid ester, sulfate, phosphate, nitrate, or
sulfonate.
[65 FR 47348, Aug. 2, 2000]
Secs. 63.63-63.69 [Reserved]
Subpart D--Regulations Governing Compliance Extensions for Early
Reductions of Hazardous Air Pollutants
Sec. 63.70 Applicability.
The provisions of this subpart apply to an owner or operator of an
existing source who wishes to obtain a compliance extension from a
standard issued under section 112(d) of the Act. The provisions of this
subpart also apply to a State or local agency acting pursuant to a
permit program approved under title V of the Act. The Administrator will
carry out the provisions of this subpart for any State that does not
have an approved permit program.
Sec. 63.71 Definitions.
All terms used in this subpart not defined in this section are given
the same meaning as in the Act.
Act means the Clean Air Act as amended.
Actual emissions means the actual rate of emissions of a pollutant,
but does not include excess emissions from a malfunction, or startups
and shutdowns associated with a malfunction. Actual emissions shall be
calculated using the source's actual operating rates, and types of
materials processed, stored, or combusted during the selected time
period.
Artificially or substantially greater emissions means abnormally
high emissions such as could be caused by equipment malfunctions,
accidents, unusually high production or operating rates compared to
historical rates, or other unusual circumstances.
EPA conditional method means any method of sampling and analyzing
for air pollutants that has been validated by the Administrator but that
has not been published as an EPA Reference Method.
EPA reference method means any method of sampling and analyzing for
[[Page 89]]
an air pollutant as described in appendix A of part 60 of this chapter,
appendix B of part 61 of this chapter, or appendix A of part 63.
Equipment leaks means leaks from pumps, compressors, pressure relief
devices, sampling connection systems, open-ended valves or lines,
valves, connectors, agitators, accumulator vessels, and instrumentation
systems in hazardous air pollutant service.
Existing source means any source as defined in Sec. 63.72, the
construction or reconstruction of which commenced prior to proposal of
an applicable section 112(d) standard.
Hazardous air pollutant (HAP) means any air pollutant listed
pursuant to section 112(b) of the Act.
High-risk pollutant means a hazardous air pollutant listed in Table
1 of Sec. 63.74.
Malfunction means any sudden failure of air pollution control
equipment or process equipment or of a process to operate in a normal or
usual manner. Failures that are caused entirely or in part by poor
maintenance, careless operation, or any other preventable upset
condition or preventable equipment breakdown shall not be considered
malfunctions.
Not feasible to prescribe or enforce a numerical emission limitation
means a situation in which the Administrator or a State determines that
a pollutant (or stream of pollutants) listed pursuant to section 112(b)
of the Act cannot be emitted through a conveyance designed and
constructed to emit or capture such pollutant, or that any requirement
for, or use of, such a conveyance would be inconsistent with any Federal
law; or the application of measurement technology to a particular source
is not practicable due to technological or economic limitations.
Permitting authority means either a State agency with an approved
permitting program under Title V of the Act or the Administrator in
cases where the State does not have an approved permitting program.
Post-reduction year means the one year period beginning with the
date early reductions have to be achieved to qualify for a compliance
extension under subpart D of this part, unless a source has established
with the permitting authority an earlier one year period as the post-
reduction year. For most sources, the post-reduction year would begin
with the date of proposal of the first section 112(d) standard
applicable to the early reductions source; however, for sources that
have made enforceable commitments, it would be the year from January 1,
1994, through December 31, 1994.
Responsible official means one of the following:
(1) For a corporation, a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function,
or any other person who performs similar policy- or decision-making
functions for the corporation; or a duly authorized representative of
such person if the representative is responsible for the overall
operation of one or more manufacturing, production, or operating
facilities applying for or subject to a permit and either:
(i) The facilities employ more than 250 persons or have gross annual
sales or expenditures exceeding $25 million (in second quarter 1980
dollars); or
(ii) The delegation of authority to such representative is approved
in advance by the permitting authority.
(2) For a partnership or sole proprietorship, a general partner or
the proprietor, respectively.
(3) For a municipality, State, Federal, or other public agency,
either a principal executive officer or ranking elected official. For
the purposes of this part, a principal executive officer of a Federal
agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency
(e.g., Regional Administrators of EPA).
Reviewing agency means a State agency with an approved permitting
program under Title V of the Act. An EPA Regional Office is the
reviewing agency where the State does not have such an approved
permitting program.
State means a State or local air pollution control agency.
[57 FR 61992, Dec. 29, 1992, as amended at 59 FR 59924, Nov. 21, 1994]
[[Page 90]]
Sec. 63.72 General provisions for compliance extensions.
(a) Except as provided in paragraph (f) of this section, a
permitting authority acting pursuant to a permitting program approved
under Title V of the Act shall by permit allow an existing source to
meet an alternative emission limitation in lieu of an emission
limitation promulgated under section 112(d) of the Act for a period of 6
years from the compliance date of the otherwise applicable standard
provided the source owner or operator demonstrates:
(1) According to the requirements of Sec. 63.74 that the source has
achieved a reduction of 90 percent (95 percent or more in the case of
hazardous air pollutants which are particulates) in emissions of:
(i) Total hazardous air pollutants from the source;
(ii) Total hazardous air pollutants from the source as adjusted for
high-risk pollutant weighting factors, if applicable.
(2) That such reduction was achieved before proposal of an
applicable standard or, for sources eligible to qualify for an
alternative emission limitation as specified in paragraph (c) of this
section, before January 1, 1994.
(b) A source granted an alternative emission limitation shall comply
with an applicable standard issued under section 112(d) of the Act
immediately upon expiration of the six year compliance extension period
specified in paragraph (a) of this section.
(c) An existing source that achieves the reduction specified in
paragraph (a)(1) of this section after proposal of an applicable section
112(d) standard but before January 1, 1994, may qualify for an
alternative emission limitation under paragraph (a) of this section if
the source makes an enforceable commitment, prior to proposal of the
applicable standard, to achieve such reduction. The enforceable
commitment shall be made according to the procedures and requirements of
Sec. 63.75.
(d) For each permit issued to a source under paragraph (a) of this
section, there shall be established as part of the permit an enforceable
alternative emission limitation for hazardous air pollutants reflecting
the reduction which qualified the source for the alternative emission
limitation.
(e) An alternative emission limitation shall not be available with
respect to standards or requirements promulgated to provide an ample
margin of safety to protect public health pursuant to section 112(f) of
the Act, and the Administrator will, for the purpose of determining
whether a standard under section 112(f) of the Act is necessary, review
emissions from sources granted an alternative emission limitation under
this subpart at the same time that other sources in the category or
subcategory are reviewed.
(f) Nothing in this subpart shall preclude a State from requiring
hazardous air pollutant reductions in excess of 90 percent (95 percent
in the case of particulate hazardous air pollutants) as a condition of
such State granting an alternative emission limitation authorized in
paragraph (a) of this section.
Sec. 63.73 Source.
(a) An alternative emission limitation may be granted under this
subpart to an existing source. For the purposes of this subpart only, a
source is defined as follows:
(1) A building structure, facility, or installation identified as a
source by the EPA in appendix B of this part;
(2) All portions of an entire contiguous plant site under common
ownership or control that emit hazardous air pollutants;
(3) Any portion of an entire contiguous plant site under common
ownership or control that emits hazardous air pollutants and can be
identified as a facility, building, structure, or installation for the
purposes of establishing standards under section 112(d) of the Act; or
(4) Any individual emission point or combination of emission points
within a contiguous plant site under common control, provided that
emission reduction from such point or aggregation of points constitutes
a significant reduction of hazardous air pollutant emissions of the
entire contiguous plant site.
(b) For purposes of paragraph (a)(4) of this section, emissions
reductions are considered significant if they are made
[[Page 91]]
from base year emissions of not less than:
(1) A total of 10 tons per year of hazardous air pollutants where
the total emissions of hazardous air pollutants in the base year from
the entire contiguous plant site is greater than 25 tons per; or
(2) A total of 5 tons per year of hazardous air pollutants where the
total emissions of hazardous air pollutants in the base year from the
entire contiguous plant site is less than or equal to 25 tons per year.
Sec. 63.74 Demonstration of early reduction.
(a) An owner or operator applying for an alternative emission
limitation shall demonstrate achieving early reductions as required by
Sec. 63.72(a)(1) by following the procedures in this section.
(b) An owner or operator shall establish the source for the purposes
of this subpart by documenting the following information:
(1) A description of the source including: a site plan of the entire
contiguous plant site under common control which contains the source,
markings on the site plan locating the parts of the site that constitute
the source, and the activity at the source which causes hazardous air
pollutant emissions;
(2) A complete list of all emission points of hazardous air
pollutants in the source, including identification numbers and short
descriptive titles; and
(3) A statement showing that the source conforms to one of the
allowable definition options from Sec. 63.73. For a source conforming to
the option in Sec. 63.73(a)(4), the total base year emissions from the
source, as determined pursuant to this section, shall be demonstrated to
be at least:
(i) 5 tons per year, for cases in which total hazardous air
pollutant emissions from the entire contiguous plant site under common
control are 25 tons per year or less as calculated under paragraph (1)
of this section; or
(ii) 10 tons per year in all other cases.
(c) An owner or operator shall establish base year emissions for the
source by providing the following information:
(1) The base year chosen, where the base year shall be 1987 or later
except that the base year may be 1985 or 1986 if the owner or operator
of the source can demonstrate that emission data for the source for 1985
or 1986 was submitted to the Administrator pursuant to an information
request issued under section 114 of the Act and was received by the
Administrator prior to November 15, 1990;
(2) The best available data accounting for actual emissions, during
the base year, of all hazardous air pollutants from each emission point
listed in the source in paragraph (b)(2) of this section;
(3) The supporting basis for each emission number provided in
paragraph (c)(2) of this section including:
(i) For test results submitted as the supporting basis, a
description of the test protocol followed, any problems encountered
during the testing, and a discussion of the validity of the method for
measuring the subject emissions; and
(ii) For calculations based on emission factors, material balance,
or engineering principles and submitted as the supporting basis, a step-
by-step description of the calculations, including assumptions used and
their bases, and a brief rationale for the validity of the calculation
method used; and
(4) Evidence that the emissions provided under paragraph (c)(2) of
this section are not artificially or substantially greater than
emissions in other years prior to implementation of emission reduction
measures.
(d) An owner or operator shall establish post-reduction emissions by
providing the following information:
(1) For the emission points listed in the source in paragraph (b)(2)
of this section, a description of all control measures employed to
achieve the emission reduction required by Sec. 63.72(a)(1);
(2) The best available data accounting for actual emissions, during
the year following the applicable emission reduction deadline as
specified in Sec. 63.72(a)(2), of all hazardous air pollutants from each
emission point in the source listed pursuant to paragraph (b)(2) of this
section.
[[Page 92]]
(3) The supporting basis for each emission number provided in
paragraph (d)(2) of this section including:
(i) For test results submitted as the supporting basis, a
description of the test protocol followed, any problems encountered
during the testing, and a discussion of the validity of the method for
measuring the subject emissions; and
(ii) For calculations based on emission factors, material balance,
or engineering principles and submitted as the supporting basis, a step-
by-step description of the calculations, including assumptions used and
their bases, and a brief rationale for the validity of the calculation
method used;
(4) [Reserved]
(5) Evidence that there was no increase in radionuclide emissions
from the source.
(e)(1) An owner or operator shall demonstrate that both total base
year emissions and total base year emissions adjusted for high-risk
pollutants, as applicable, have been reduced by at least 90 percent for
gaseous hazardous air pollutants emitted and 95 percent for particulate
hazardous air pollutants emitted by determining the following for
gaseous and particulate emissions separately:
(i) Total base year emissions, calculated by summing all base year
emission data from paragraph (c)(2) of this section;
(ii) Total post-reduction emissions, calculated by summing all post-
reduction emission data from paragraph (d)(2) of this section;
(iii) (If applicable) Total base year emissions adjusted for high-
risk pollutants, calculated by multiplying each emission number for a
pollutant from paragraph (c)(2) of this section by the appropriate
weighting factor for the pollutant from Table 1 in paragraph (f) of this
section and then summing all weighted emission data;
(iv) (If applicable) Total post-reduction emissions adjusted for
high-risk pollutants, calculated by multiplying each emission number for
a pollutant from paragraph (d)(2) of this section by the appropriate
weighting factor for the pollutant from Table 1 and then summing all
weighted emission data; and
(v) Percent reductions, calculated by dividing the difference
between base year and post-reduction emissions by the base year
emissions. Separate demonstrations are required for total gaseous and
particulate emissions, and total gaseous and particulate emissions
adjusted for high-risk pollutants.
(2) If any points in the source emit both particulate and gaseous
pollutants, as an alternative to the demonstration required in paragraph
(e)(1) of this section, an owner or operator may demonstrate:
(i) A weighted average percent reduction for all points emitting
both particulate and gaseous pollutants where the weighted average
percent reduction is determined by
[GRAPHIC] [TIFF OMITTED] TC21OC91.019
where %W=the required weighted percent reduction
[Sigma] Mg=the total mass rate (e.g., kg/yr) of all gaseous
emissions
[Sigma] Mp=the total mass rate of all particulate emissions
and,
(ii) The reductions required in paragraph (e)(1) of this section for
all other points in the source.
(f) If lower rates or hours are used to achieve all or part of the
emission reduction, any hazardous air pollutant emissions that occur
from a compensating increase in rates or hours from the same activity
elsewhere within the plant site which contains the source shall be
counted in the post-reduction emissions from the source. If emission
reductions are achieved by shutting down process equipment and the
shutdown equipment is restarted or replaced anywhere within the plant
site, any hazardous air pollutant emissions from the restarted or
replacement equipment shall be counted in the post-reduction emissions
for the source.
Table 1--List of High-Risk Pollutants
------------------------------------------------------------------------
Weighting
CAS No. Chemical factor
------------------------------------------------------------------------
53963....................... 2-Acetylaminofluorene......... 100
107028...................... Acrolein...................... 100
79061....................... Acrylamide.................... 10
107131...................... Acrylonitrile................. 10
0........................... Arsenic compounds............. 100
1332214..................... Asbestos...................... 100
71432....................... Benzene....................... 10
[[Page 93]]
92875....................... Benzidine..................... 1000
0........................... Beryllium compounds........... 10
542881...................... Bis(chloromethyl) ether....... 1000
106990...................... 1,3-Butadiene................. 10
0........................... Cadmium compounds............. 10
57749....................... Chlordane..................... 100
532274...................... 2-Chloroacetophenone.......... 100
0........................... Chromium compounds............ 100
107302...................... Chloromethyl methyl ether..... 10
0........................... Coke oven emissions........... 10
334883...................... Diazomethane.................. 10
132649...................... Dibenzofuran.................. 10
96128....................... 1,2-Dibromo-3-chloropropane... 10
111444...................... Dichloroethyl ether (Bis(2- 10
chloroethyl) ether).
79447....................... Dimethylcarbamoyl chloride.... 100
122667...................... 1,2-Diphenylhydrazine......... 10
106934...................... Ethylene dibromide............ 10
151564...................... Ethylenimine (Aziridine)...... 100
75218....................... Ethylene oxide................ 10
76448....................... Heptachlor.................... 100
118741...................... Hexachlorobenezene............ 100
77474....................... Hexachlorocyclopentadiene..... 10
302012...................... Hydrazine..................... 100
0........................... Manganese compounds........... 10
0........................... Mercury compounds............. 100
60344....................... Methyl hydrazine.............. 10
624839...................... Methyl isocyanate............. 10
0........................... Nickel compounds.............. 10
62759....................... N-Nitrosodimethylamine........ 100
684935...................... N-Nitroso-N-methylurea........ 1000
56382....................... Parathion..................... 10
75445....................... Phosgene...................... 10
7803512..................... Phosphine..................... 10
7723140..................... Phosphorus.................... 10
75558....................... 1,2-Propylenimine............. 100
1746016..................... 2,3,7,8-Tetrachlorodibenzo-p- 100,000
dioxin.
8001352..................... Toxaphene (chlorinated 100
camphene).
75014....................... Vinyl chloride................ 10
------------------------------------------------------------------------
(g) The best available data representing actual emissions for the
purpose of establishing base year or post-reduction emissions under this
section shall consist of documented results from source tests using an
EPA Reference Method, EPA Conditional Method, or the owner's or
operator's source test method which has been validated pursuant to
Method 301 of appendix A of this part. However, if one of the following
conditions exists, an owner or operator may submit, in lieu of results
from source tests, calculations based on engineering principles,
emission factors, or material balance data as actual emission data for
establishing base year or post-reduction emissions:
(1) No applicable EPA Reference Method, EPA Conditional Method, or
other source test method exists;
(2) It is not technologically or economically feasible to perform
source tests;
(3) It can be demonstrated to the satisfaction of the reviewing
agency that the calculations will provide emission estimates of accuracy
comparable to that of any applicable source test method;
(4) For base year emission estimates only, the base year conditions
no longer exist at an emission point in the source and emission data
could not be produced for such an emission point, by performing source
tests under currently existing conditions and converting the test
results to reflect base year conditions, that is more accurate than an
estimate produced by using engineering principles, emission factors, or
a material balance; or
(5) The emissions from one or a set of emission points in the source
are small compared to total source emissions and potential errors in
establishing emissions from such points will not have a significant
effect on the accuracy of total emissions established for the source.
(h) For base year or post-reduction emissions established under this
section that are not supported by source test data, the source owner or
operator shall include the reason source testing was not performed.
(i) [Reserved]
(j) The EPA average emission factors for equipment leaks cannot be
used under this subpart to establish base year emissions for equipment
leak sources, unless the base year emission number calculated using the
EPA average emission factors for equipment leaks also is used as the
post-reduction emission number for equipment leaks from the source.
(k) A source owner or operator shall not establish base year or
post-reduction emissions that include any emissions from the source
exceeding allowable emission levels specified in any applicable law,
regulation, or permit condition.
(l) For sources subject to paragraph (b)(3)(i) of this section, an
owner or operator shall document total base year emissions from an
entire contiguous plant site under common control by providing the
information required
[[Page 94]]
pursuant to paragraphs (b)(2), (c)(2), and (e)(1)(i) of this section for
all hazardous air pollutants from all emission points in the contiguous
plant site under common control.
(m) If a new pollutant is added to the list of hazardous air
pollutants or high-risk pollutants, any source emitting such pollutant
will not be required to revise an early reduction demonstration pursuant
to this section if:
(1) Alternative emission limits have previously been specified by
permit for the source as provided for in Sec. 63.72(a); or
(2) The base year emissions submitted in an enforceable commitment
have previously been approved by the reviewing agency.
[57 FR 61992, Dec. 29, 1992, as amended at 58 FR 62543, Nov. 29, 1993;
59 FR 53110, Oct. 21, 1994]
Sec. 63.75 Enforceable commitments.
(a) To make an enforceable commitment an owner or operator shall
submit a commitment to achieve the early reductions required under
Sec. 63.72(a)(1) to the appropriate EPA Regional Office and a copy of
the commitment to the appropriate State, except that the commitment
shall be submitted to the State and a copy to the EPA Regional Office if
the State has an approved permitting program under Title V of the Act. A
copy shall also be submitted to both the EPA Stationary Source
Compliance Division (EN-341W), 1200 Pennsylvania Ave., NW., Washington,
DC 20460 and the EPA Emission Standards Division (MD-13), Research
Triangle Park, NC 27711; attention both to the Early Reductions Officer.
The commitment shall contain:
(1) The name and address of the source;
(2) The name and telephone number of the source owner or operator or
other responsible official who can be contacted concerning the
commitment;
(3) An alternative mailing address if correspondence is to be
directed to a location other than that given in paragraph (a)(1) of this
section;
(4) All information specified in Sec. 63.74(b), (c) and (e)(1)(i),
which defines and describes the source and establishes the base year
hazardous air pollutant emissions from the source;
(5) The general plan for achieving the required hazardous air
pollutant emissions reductions at the source including descriptions of
emission control equipment to be employed, process changes or
modifications to be made, and any other emission reduction measures to
be used; and
(6) A statement of commitment, signed by a responsible official of
the source, containing the following:
(i) A statement providing the post-reduction emission levels for
total hazardous air pollutants and high-risk pollutants, as applicable,
from the source on an annual basis which reflect a 90 percent (95
percent for particulate pollutants) reduction from base year emissions;
(ii) A statement certifying that the base year emission data
submitted as part of the enforceable commitment constitute the best
available data for base year emissions from the source, are correct to
the best of the responsible official's knowledge, and are within
allowable levels specified in any applicable law, regulation, or permit;
(iii) A statement that it is understood by the source owner or
operator that submission of base year emissions constitutes a response
to an EPA request under the authority of section 114 of the Act and that
the commitment is subject to enforcement according to Sec. 63.80; and
(iv) A statement committing the source owner or operator to
achieving the emission levels, listed in paragraph (a)(6), (i) of this
section, at the source before January 1, 1994.
(b) The following language may be used to satisfy the requirements
of paragraphs (a)(6)(ii) through (a)(6)(iv) of this section:
I certify to the best of my knowledge that the base year emissions
given above are correct and constitute the best available data for base
year emissions from the source, and acknowledge that these estimates are
being submitted in response to an EPA request under section 114 of the
Act. I further certify that the base year emissions provided for all
emission points in the source do not exceed allowable emission levels
specified in any applicable law, regulation, or permit condition. I
commit to achieve before January 1, 1994, the stated post-reduction
emission level(s) at the source, which will provide the 90 (95) percent
reduction required to qualify for the
[[Page 95]]
compliance extension, and acknowledge that this commitment is
enforceable as specified in title 40, part 63, subpart D, of the Code of
Federal Regulations.
(c) A commitment for a source shall be submitted prior to proposal
of an applicable standard issued under section 112(d) of the Act.
Commitments received after the proposal date shall be void.
(d) If test results for one or more emission points in a source are
required to support base year emissions in an enforceable commitment but
are not available prior to proposal of an applicable standard issued
under section 112(d) of the Act, the test results may be submitted after
the enforceable commitment is made but no later than 180 days after
proposal of an applicable standard. In such cases, the enforceable
commitment shall contain the best substitute emission data for the
points in the source for which test results will be submitted later.
(e) An owner or operator may rescind such a commitment prior to
December 1, 1993 without penalty and forfeit the opportunity to obtain a
six year compliance extension under this subpart.
(f) An enforceable commitment submitted under this section shall not
be in effect and enforceable until the base year emissions contained in
the commitment have been approved according to the procedures in
Sec. 63.76. An owner or operator is under no obligation to continue to
seek approval of commitments that have not been approved by December 1,
1993.
(g) The control measure information required under Sec. 63.74(d)(1)
as part of post-reduction emission documentation and submitted in a
permit application according to the provisions of Sec. 63.77 shall
become part of an existing enforceable commitment upon receipt of the
permit application by the permitting authority. An owner or operator
shall notify the permitting authority of any change made to the source
during calendar year 1994 which affects such control measure information
and shall mail the notice within 5 days (postmark date) of making the
change. The notice shall be considered an amendment to the source's
enforceable commitment.
[57 FR 61992, Dec. 29, 1992, as amended at 58 FR 34370, June 25, 1993;
58 FR 62543, Nov. 29, 1993; 59 FR 59924, Nov. 21, 1994]
Sec. 63.76 Review of base year emissions.
(a) Pursuant to the procedures of this section, the appropriate
reviewing agency shall review and approve or disapprove base year
emission data submitted in an enforceable commitment under Sec. 63.75 or
in a request letter from an applicant that wishes to participate in the
early reduction program but who is not required to submit an enforceable
commitment. For review requests submitted to a State agency as the
appropriate reviewing agency, a copy of the request also shall be
submitted to the applicable EPA Regional Office. For review requests
submitted to the EPA Regional Office as the appropriate reviewing
agency, a copy of the request also shall be sent to the applicable State
agency. Copies also shall be submitted to the EPA Stationary Source
Compliance Division (EN-341W), 1200 Pennsylvania Ave., NW., Washington,
DC 20460 and the EPA Emission Standards Division (MD-13), Research
Triangle Park, NC 27711; to the attention of the Early Reductions
Officer.
(b) Within 30 days of receipt of an enforceable commitment or base
year emission data, the reviewing agency shall advise the applicant
that:
(1) The base year emission data are complete as submitted; or
(2) The base year emission data are not complete and include a list
of deficiencies that must be corrected before review can proceed.
(c) EPA will publish a notice in the Federal Register which contains
a list, accumulated for the previous month, of the sources for which
complete base year emission data have been submitted and which are
undergoing review either in the EPA Regional Office or a State agency
within the EPA region. The notice will contain the name and location of
each source and a contract in the EPA Regional Office for additional
information.
(d) Within 60 days of a determination that a base year emission data
submission is complete, the reviewing agency
[[Page 96]]
shall evaluate the adequacy of the submission with respect to the
requirements of Sec. 63.74 (b) and (c) and either:
(1) Determine to approve the submission and publish a notice in a
newspaper of general circulation in the area where the source is located
or in a State publication designed to give general public notice,
providing the aggregate base year emission data for the source and the
rationale for the proposed approval, noting the availability of the
nonconfidential information contained in the submission for public
inspection in at least one location in the community in which the source
is located, providing for a public hearing upon request by an interested
party, and establishing a 30 day public comment period that can be
extended to 60 days upon request by an interested party; or
(2) Determine to disapprove the base year emission data and give
notice to the applicant of the reasons for the disapproval. An applicant
may correct disapproved base year data and submit revised data for
review in accordance with this subsection, except that the review of a
revision shall be accomplished within 30 days.
(e) If no adverse public comments are received by the reviewing
agency on proposed base year data for a source, the data shall be
considered approved at the close of the public comment period and a
notice of the approval shall be sent to the applicant and published by
the reviewing agency by advertisement in the area affected.
(f) If adverse comments are received and the reviewing agency agrees
that corrections are needed, the reviewing agency shall give notice to
the applicant of the disapproval and reasons for the disapproval. An
applicant may correct disapproved base year emission data and submit
revised emission data. If a revision is submitted by the applicant that,
to the satisfaction of the reviewing agency, takes into account the
adverse comments, the reviewing agency will publish by advertisement in
the area affected a notice containing the approved base year emission
data for the source and send notice of the approval to the applicant.
(g) If adverse comments are received and the reviewing agency
determines that the comments do not warrant changes to the base year
emission data, the reviewing agency will publish by advertisement in the
area affected a notice containing the approved base year emission data
for the source and the reasons for not accepting the adverse comments. A
notice of the approval also shall be sent to the applicant.
(h) If an applicant submits revised emission data under paragraph
(d)(2) or (f) of this section for a source subject to an enforceable
commitment, the applicant also shall submit an amended enforceable
commitment which takes into account the revised base year emissions.
(i) If revised base year emission data are not submitted or notice
of intent to submit revised data is not provided to the permitting
authority by an applicant within 90 days of receiving adverse comments
or a notice of disapproved base year emission data for a source that is
subject to an enforceable commitment, the enforceable commitment shall
be considered withdrawn and a notice to that effect shall be sent by the
reviewing agency to the applicant.
Sec. 63.77 Application procedures.
(a) To apply for an alternative emission limitation under
Sec. 63.72, an owner or operator of the source shall file a permit
application with the appropriate permitting authority.
(b) Except as provided in paragraph (e) of this section, the permit
application shall contain the information required by Sec. 63.74, as
applicable, and the additional information required for a complete
permit application as specified by the applicable permit program
established pursuant to title V of the Act.
(c) Permit applications under this section for sources not subject
to enforceable commitments shall be submitted by the later of the
following dates:
(1) 120 days after proposal of an otherwise applicable standard
issued under section 112(d) of the Act; or
(2) 120 days after the date an applicable permit program is approved
or established pursuant to title V of the Act.
[[Page 97]]
(d) Permit applications for sources subject to enforceable
commitments pursuant to Sec. 63.75 shall be submitted no later than
April 30, 1994.
(e) If the post-reduction year does not end at least one month
before the permit application deadline under paragraph (c) of this
section, the source may file the post-reduction emissions information
required under Sec. 63.74(d)(2), (d)(3), and (d)(5) later as a
supplement to the original permit application. In such cases, this
supplemental information shall be submitted to the permitting authority
no later than one month after the end of the post-reduction year.
(f) If a source test will be the supporting basis for establishing
post-reduction emissions for one or more emissions units in the early
reductions source, the test results shall be submitted by the applicable
deadline for submittal of a permit application as specified in paragraph
(c) or (d) of this section.
(g) Review and disposition of permit applications submitted under
this section will be accomplished according to the provisions of the
applicable permit program established pursuant to title V of the Act.
[58 FR 62543, Nov. 29, 1993, as amended at 59 FR 59924, Nov. 21, 1994]
Sec. 63.78 Early reduction demonstration evaluation.
(a) The permitting authority will evaluate an early reduction
demonstration submitted by the source owner or operator in a permit
application with respect to the requirements of Sec. 63.74.
(b) An application for a compliance extension may be denied if, in
the judgement of the permitting authority, the owner or operator has
failed to demonstrate that the requirements of Sec. 63.74 have been met.
Specific reasons for denial include, but are not limited to:
(1) The information supplied by the owner or operator is incomplete;
(2) The required 90 percent reduction (95 percent in cases where the
hazardous air pollutant is particulate matter) has not been
demonstrated;
(3) The base year or post-reduction emissions are incorrect, based
on methods or assumptions that are not valid, or not sufficiently
reliable or well documented to determine with reasonable certainty that
required reductions have been achieved; or
(4) The emission of hazardous air pollutants or the performance of
emission control measures is unreliable so as to preclude determination
that the required reductions have been achieved or will continue to be
achieved during the extension period.
Sec. 63.79 Approval of applications.
(a) If an early reduction demonstration is approved and other
requirements for a complete permit application are met, the permitting
authority shall establish by a permit issued pursuant to title V of the
Act enforceable alternative emissions limitations for the source
reflecting the reduction which qualified the source for the extension.
However, if it is not feasible to prescribe a numerical emissions
limitation for one or more emission points in the source, the permitting
authority shall establish such other requirements, reflecting the
reduction which qualified the source for an extension, in order to
assure the source achieves the 90 percent or 95 percent reduction, as
applicable.
(b) An alternative emissions limitation or other requirement
prescribed pursuant to paragraph (a) of this section shall be effective
and enforceable immediately upon issuance of the permit for the source
and shall expire exactly six years after the compliance date of an
otherwise applicable standard issued pursuant to section 112(d) of the
Act.
Sec. 63.80 Enforcement.
(a) All base year or post-reduction emissions information described
in Sec. 63.74 and required to be submitted as part of a permit
application under Sec. 63.77 or an enforceable commitment under
Sec. 63.75 shall be considered to have been requested by the
Administrator under the authority of section 114 of the Act.
(b) Fraudulent statements contained in any base year or post-
reduction emissions submitted to a State or EPA Regional Office under
this subpart shall be considered violations of section 114 of the Act
and of this subpart
[[Page 98]]
and, thus, actionable under section 113 of the Act and can be
considered, in appropriate cases, violations of 18 U.S.C. 1001, the
general false swearing provision of the United States Code.
(c) If a source subject to an enforceable commitment fails to
achieve reductions before January 1, 1994, sufficient to qualify the
source for an extension under this subpart, the source shall be
considered to be in violation of the commitment and shall be subject to
enforcement action under section 113 of the Act.
(d) If an early reduction demonstration in a permit application
filed under Sec. 63.77 is disapproved for a source not subject to an
enforceable commitment, the owner or operator shall comply with an
applicable standard issued under section 112(d) of the Act by the
compliance date specified in such standard.
(e) If an early reduction demonstration in a permit application
filed under Sec. 63.77 is disapproved for a source that is subject to an
enforceable commitment, the owner or operator shall comply with an
applicable standard issued under section 112(d) of the Act by the
compliance date specified in such standard and will be subject to
enforcement action under section 113 of the Act.
(f) A violation of an alternative emission limitation or other
requirement established by permit under Sec. 63.79 (a) or (b) for the
source is enforceable pursuant to the authority of section 113 of the
Act notwithstanding any demonstration of continuing 90 percent (95
percent for hazardous air pollutants which are particulates) emission
reduction over the entire source.
Sec. 63.81 Rules for special situations.
(a) If more than one standard issued under section 112(d) of the Act
would be applicable to a source as defined under Sec. 63.73, then the
date of proposal referred to in 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
Sec. 63.90 Program overview.
The regulations in this subpart establish procedures consistent with
section 112(l) of the Clean Air Act (Act) (42 U.S.C. 7401-7671q). This
subpart establishes procedures for the approval of State rules,
programs, or other requirements such as permit terms and conditions to
be implemented and enforced in place of certain otherwise applicable
section 112 Federal rules, emission standards, or requirements
(including section 112 rules promulgated under the authority of the Act
prior to the 1990 Amendments to the Act). The authority to implement and
enforce section 112 Federal rules as promulgated without changes may be
delegated under procedures established in this subpart. In this process,
States may seek approval of a State mechanism for receiving delegation
of existing and future unchanged Federal section 112 standards. This
subpart clarifies which part 63, subpart A General Provisions
authorities can be delegated to States. This subpart also establishes
procedures for the review and withdrawal of section 112 implementation
and enforcement authorities delegated through this subpart. This subpart
also establishes procedures for the approval of State rules or programs
to establish limitations on the potential to emit pollutants listed in
or pursuant to section 112(b) of the Act.
(a) Definitions. The following definitions apply to this subpart.
Alternative requirements means the requirements, rules, permits,
provisions, methods, or other enforceable mechanisms that a State
submits for approval under this subpart or subpart A and, after
approval, replaces the otherwise applicable Federal section 112
requirements, provisions, or methods.
Applicability criteria means the regulatory criteria used to define
all affected sources subject to a specific section 112 rule.
Approval means a determination by the Administrator that a State
rule,
[[Page 99]]
program, or requirement meets the criteria of Sec. 63.91 and the
additional criteria of either Sec. 63.92, Sec. 63.93, Sec. 63.94, or
Sec. 63.97 as appropriate. For accidental release prevention programs,
the criteria of Sec. 63.95 must be met in addition to the criteria of
Sec. 63.91. This is considered a ``full approval'' for the purposes of
this subpart. Partial approvals may also be granted as described in this
subpart. Any approved requirements become applicable requirements under
Sec. 70.2 of this chapter.
Compliance and enforcement measures means requirements relating to
compliance and enforcement, including but not necessarily limited to
monitoring methods and procedures, recordkeeping, reporting, plans,
inspection, maintenance, and operation requirements, pollution
prevention requirements, noticing, field inspections, entry, sampling,
or accidental release prevention oversight.
Intermediate change to monitoring means a modification to federally
required monitoring involving ``proven technology'' (generally accepted
by the scientific community as equivalent or better) that is applied on
a site-specific basis and that may have the potential to decrease the
stringency of the associated emission limitation or standard. Though
site-specific, an intermediate change may set a national precedent for a
source category and may ultimately result in a revision to the federally
required monitoring. Examples of intermediate changes to monitoring
include, but are not limited to:
(1) Use of a continuous emission monitoring system (CEMS) in lieu of
a parameter monitoring approach;
(2) Decreased frequency for non-continuous parameter monitoring or
physical inspections;
(3) Changes to quality control requirements for parameter
monitoring; and
(4) Use of an electronic data reduction system in lieu of manual
data reduction.
Intermediate change to test method means a within-method
modification to a federally enforceable test method involving ``proven
technology'' (generally accepted by the scientific community as
equivalent or better) that is applied on a site-specific basis and that
may have the potential to decrease the stringency of the associated
emission limitation or standard. Though site-specific, an intermediate
change may set a national precedent for a source category and may
ultimately result in a revision to the federally enforceable test
method. In order to be approved, an intermediate change must be
validated according to EPA Method 301 (Part 63, Appendix A) to
demonstrate that it provides equal or improved accuracy and precision.
Examples of intermediate changes to a test method include, but are not
limited to:
(1) Modifications to a test method's sampling procedure including
substitution of sampling equipment that has been demonstrated for a
particular sample matrix, and use of a different impinger absorbing
solution;
(2) Changes in sample recovery procedures and analytical techniques,
such as changes to sample holding times and use of a different
analytical finish with proven capability for the analyte of interest;
and
(3) ``Combining'' a federally required method with another proven
method for application to processes emitting multiple pollutants.
Level of control means the degree to which a rule, program, or
requirement limits emissions or employs design, equipment, work
practice, or operational standards, accident prevention, or other
requirements or techniques (including a prohibition of emissions) for:
(1)(i) Each hazardous air pollutant, if individual pollutants are
subject to emission limitations, and
(ii) The aggregate total of hazardous air pollutants, if the
aggregate grouping is subject to emission limitations, provided that the
rule, program, or requirement would not lead to an increase in risk to
human health or the environment; and
(2) Each substance regulated under part 68 of this chapter.
(3) Test methods and associated procedures and averaging times are
integral to the level of control.
Local agency means a local air pollution control agency or, for the
purposes of Sec. 63.95, any local agency or entity having responsibility
for preventing accidental releases which may occur at
[[Page 100]]
a source regulated under part 68 of this chapter.
Major change to monitoring means a modification to federally
required monitoring that uses ``unproven technology or procedures'' (not
generally accepted by the scientific community) or is an entirely new
method (sometimes necessary when the required monitoring is unsuitable).
A major change to monitoring may be site-specific or may apply to one or
more source categories and will almost always set a national precedent.
Examples of major changes to monitoring include, but are not limited to:
(1) Use of a new monitoring approach developed to apply to a control
technology not contemplated in the applicable regulation;
(2) Use of a predictive emission monitoring system (PEMS) in place
of a required continuous emission monitoring system (CEMS);
(3) Use of alternative calibration procedures that do not involve
calibration gases or test cells;
(4) Use of an analytical technology that differs from that specified
by a performance specification;
(5) Decreased monitoring frequency for a continuous emission
monitoring system, continuous opacity monitoring system, predictive
emission monitoring system, or continuous parameter monitoring system;
(6) Decreased monitoring frequency for a leak detection and repair
program; and
(7) Use of alternative averaging times for reporting purposes.
Major change to recordkeeping/reporting means:
(1) A modification to federally required recordkeeping or reporting
that:
(i) May decrease the stringency of the required compliance and
enforcement measures for the relevant standards;
(ii) May have national significance (e.g., might affect
implementation of the applicable regulation for other affected sources,
might set a national precedent); or
(iii) Is not site-specific.
(2) Examples of major changes to recordkeeping and reporting
include, but are not limited to:
(i) Decreases in the record retention for all records;
(ii) Waiver of all or most recordkeeping or reporting requirements;
(iii) Major changes to the contents of reports; or
(iv) Decreases in the reliability of recordkeeping or reporting
(e.g., manual recording of monitoring data instead of required automated
or electronic recording, or paper reports where electronic reporting may
have been required).
Major change to test method means a modification to a federally
enforceable test method that uses ``unproven technology or procedures''
(not generally accepted by the scientific community) or is an entirely
new method (sometimes necessary when the required test method is
unsuitable). A major change to a test method may be site-specific, or
may apply to one or more sources or source categories, and will almost
always set a national precedent. In order to be approved, a major change
must be validated according to EPA Method 301 (Part 63, Appendix A).
Examples of major changes to a test method include, but are not limited
to:
(1) Use of an unproven analytical finish;
(2) Use of a method developed to fill a test method gap;
(3) Use of a new test method developed to apply to a control
technology not contemplated in the applicable regulation; and
(4) Combining two or more sampling/analytical methods (at least one
unproven) into one for application to processes emitting multiple
pollutants.
Minor change to monitoring means:
(1) A modification to federally required monitoring that:
(i) Does not decrease the stringency of the compliance and
enforcement measures for the relevant standard;
(ii) Has no national significance (e.g., does not affect
implementation of the applicable regulation for other affected sources,
does not set a national precedent, and individually does not result in a
revision to the monitoring requirements); and
(iii) Is site-specific, made to reflect or accommodate the
operational characteristics, physical constraints, or safety concerns of
an affected source.
[[Page 101]]
(2) Examples of minor changes to monitoring include, but are not
limited to:
(i) Modifications to a sampling procedure, such as use of an
improved sample conditioning system to reduce maintenance requirements;
(ii) Increased monitoring frequency; and
(iii) Modification of the environmental shelter to moderate
temperature fluctuation and thus protect the analytical instrumentation.
Minor change to recordkeeping/reporting means:
(1) A modification to federally required recordkeeping or reporting
that:
(i) Does not decrease the stringency of the compliance and
enforcement measures for the relevant standards;
(ii) Has no national significance (e.g., does not affect
implementation of the applicable regulation for other affected sources,
does not set a national precedent, and individually does not result in a
revision to the recordkeeping or reporting requirement); and
(iii) Is site-specific.
(2) Examples of minor changes to recordkeeping or reporting include,
but are not limited to:
(i) Changes to recordkeeping necessitated by alternatives to
monitoring;
(ii) Increased frequency of recordkeeping or reporting, or increased
record retention periods;
(iii) Increased reliability in the form of recording monitoring
data, e.g., electronic or automatic recording as opposed to manual
recording of monitoring data;
(iv) Changes related to compliance extensions granted pursuant to
Sec. 63.6(i);
(v) Changes to recordkeeping for good cause shown for a fixed short
duration, e.g., facility shutdown;
(vi) Changes to recordkeeping or reporting that is clearly redundant
with equivalent recordkeeping/reporting requirements; and
(vii) Decreases in the frequency of reporting for area sources to no
less than once a year for good cause shown, or for major sources to no
less than twice a year as required by title V, for good cause shown.
Minor change to test method means:
(1) A modification to a federally enforceable test method that:
(i) Does not decrease the stringency of the emission limitation or
standard;
(ii) Has no national significance (e.g., does not affect
implementation of the applicable regulation for other affected sources,
does not set a national precedent, and individually does not result in a
revision to the test method); and
(iii) Is site-specific, made to reflect or accommodate the
operational characteristics, physical constraints, or safety concerns of
an affected source.
(2) Examples of minor changes to a test method include, but are not
limited to:
(i) Field adjustments in a test method's sampling procedure, such as
a modified sampling traverse or location to avoid interference from an
obstruction in the stack, increasing the sampling time or volume, use of
additional impingers for a high moisture situation, accepting
particulate emission results for a test run that was conducted with a
lower than specified temperature, substitution of a material in the
sampling train that has been demonstrated to be more inert for the
sample matrix; and
(ii) Changes in recovery and analytical techniques such as a change
in quality control/quality assurance requirements needed to adjust for
analysis of a certain sample matrix.
Partial approval means that the Administrator approves under this
subpart:
(1) A State's legal authorities that fully meet the criteria of
Sec. 63.91(d)(3)(ii)-(v), and substantially meet the criteria of
Sec. 63.91(d)(3)(i) as appropriate; or
(2) A State rule or program that meets the criteria of Secs. 63.92,
63.93, 63.94, 63.95, or 63.97 with the exception of a separable portion
of that State rule or program which fails to meet those criteria. A
separable portion of a State rule or program is defined as a section(s)
of a rule or a portion(s) of a program which can be acted upon
independently without affecting the overall integrity of the rule or
program as a whole.
Program means, for the purposes of an approval under this subpart, a
collection of State authorities, resources, and other requirements that
satisfy
[[Page 102]]
the criteria of this subpart and subpart A.
State agency, for the purposes of this subpart, includes State and
local air pollution agencies, Indian tribes as defined in Sec. 71.2 of
this chapter, and territories of the United States to the extent they
are or will be delegated Federal section 112 rules, emission standards,
or requirements.
Stringent or stringency means the degree of rigor, strictness or
severity a statute, rule, emission standard, or requirement imposes on
an affected source as measured by the quantity of emissions, or as
measured by parameters relating to rule applicability and level of
control, or as otherwise determined by the Administrator.
Title V operating permit programs means the part 70 permitting
program and the delegated Indian tribal programs under part 70 of this
chapter.
(b) Local agency coordination with State and territorial agencies.
Local agencies submitting a rule or program for approval under this
subpart shall consult with the relevant State or Territorial agency
prior to making a request for approval to the Administrator. A State or
Territorial agency may submit requests for approval on behalf of a local
agency after consulting with that local agency.
(c) Tribal authority.
A tribal authority may submit a rule or program under this subpart,
provided that the tribal authority has received approval, under the
provisions of part 49 of this chapter, for administering Federal rules
under section 112 of the Act.
(d) Authorities retained by the Administrator.
(1) The following authorities will be retained by the Administrator
and will not be delegated:
(i) The authority to add or delete pollutants from the list of
hazardous air pollutants established under section 112(b);
(ii)-(iii) [Reserved]
(iv) The authority to add source categories to or delete source
categories from the Federal source category list established under
section 112(c)(1) or to subcategorize categories on the Federal source
category list after proposal of a relevant emission standard;
(v) The authority to revise the source category schedule established
under section 112(e) by moving a source category to a later date for
promulgation; and
(vi) Any other authorities determined to be nondelegable by the
Administrator.
(2) Nothing in this subpart shall prohibit the Administrator from
enforcing any applicable rule, emission standard or requirement
established under section 112.
(3) Nothing in this subpart shall affect the authorities and
obligations of the Administrator or the State under title V of the Act
or under regulations promulgated pursuant to that title.
(e) Federally-enforceable requirements. All rules, programs, State
or local permits, or other requirements approved under this subpart and
all resulting part 70 operating permit conditions are enforceable by the
Administrator and by citizens under the Act.
(f) Standards not subject to modification or substitution. With
respect to radionuclide emissions from licensees of the Nuclear
Regulatory Commission or licensees of Nuclear Regulatory Commission
Agreement States which are subject to part 61, subparts I, T, or W of
this chapter, a State may request that the EPA approve delegation of
implementation and enforcement of the Federal standard pursuant to
Sec. 63.91, but no changes or modifications in the form or content of
the standard will be approved pursuant to Sec. 63.92, Sec. 63.93,
Sec. 63.94, or Sec. 63.97.
(g) Selection of delegation options.
(1) With the exception of paragraphs (g)(2) and (g)(3) of this
section, States may only submit requests for approval of alternative
requirements for a section 112 Federal rule, emission standard, or other
requirement under a single delegation option under this subpart.
(2) In the case of Sec. 63.94 submittals, if the identified sources
in any source category comprise a subset of the sources in that
category, the State must accept delegation under one other section of
this subpart for the remainder of the sources in that category that are
required to be permitted by the State under part 70 of this chapter.
[[Page 103]]
(3) If the Administrator partially approves the State request per
Sec. 63.91(f), the State may submit a request for the remaining section
112 rules, emission standards, or requirements in that category under
another section of this subpart.
[65 FR 55835, Sept. 14, 2000]
Sec. 63.91 Criteria for straight delegation and criteria common to all approval options.
(a) Applicable approval criteria. A State must satisfy the criteria
in paragraph (d) of this section for up-front approval to obtain
delegation of the Federal section 112 rules, emission standards, or
requirements. Once a State has demonstrated it meets the criteria in
paragraph (d) of this section, it only needs to reference that
demonstration and reaffirm that it still meets the criteria in future
submittals. In addition, a State must satisfy the applicable approval
criteria in Secs. 63.92, 63.93, 63.94, 63.95, or 63.97, as specified in
the following paragraphs.
(1) Unchanged Federal section 112 rules (``straight delegation'').
To obtain approval of State programs to implement and enforce Federal
section 112 rules as promulgated without changes (except for accidental
release programs, described in paragraph (a)(4) of this section), only
the criteria of paragraph (d) of this section must be met. This includes
State requests for one-time approval of their mechanism for taking
delegation of future unchanged Federal section 112 rules, emission
standards, and requirements as well as approval to implement and enforce
unchanged Federal section 112 rules, emission standards, and
requirements on a rule-by-rule basis.
(2) State rules, programs, or requirements that are different from
the Federal rule. To obtain approval under this subpart of a rule,
program, or requirement that is different from the Federal section 112
rule, emission standard, or requirement, the criteria of paragraph (d)
of this section and the criteria of either Sec. 63.92, Sec. 63.93,
Sec. 63.94, or Sec. 63.97 must be met.
(3) Separable portions of State rules, programs, or requirements
(``partial approval''). To obtain partial approval under this subpart, a
State request must meet the criteria in paragraphs (d) and (f) of this
section.
(4) Programs under part 68 of this chapter, prevention of accidental
releases. For approval of State rules or programs to implement and
enforce the Federal accidental release prevention program in part 68 of
this chapter, as promulgated without changes, the provisions of
paragraph (d) of this section, and Sec. 63.95 must be met. For approval
of alternative requirements, the provisions of either Sec. 63.92 or
Sec. 63.93 must also be met.
(5) Limits on the potential to emit section 112 pollutants. The
Administrator may, under the authority of section 112(l) and this
subpart, also approve a State program designed to establish limits on
the potential to emit hazardous air pollutants listed pursuant to
section 112 of the Act.
(b) Approval process. When a State submits an initial request for
approval, and except as otherwise specified under Sec. 63.92,
Sec. 63.93, Sec. 63.94, Sec. 63.95, or Sec. 63.97, for a State's
subsequent requests for approval, the approval process will be as shown
in the following table:
------------------------------------------------------------------------
If . . . Then . . . And then . . .
------------------------------------------------------------------------
(1) A request for approval the Administrator if a request is
is received. will review the incomplete, the
request for Administrator will
approval and notify the State of
determine whether the specific
the request is deficient elements
complete according of the request.
to the criteria in
this subpart.
(2) A complete request for the Administrator the Administrator
approval is received. will seek public will require that
comment for a comments be
minimum of 30 days submitted
through a Federal concurrently to the
Register notice on State.
the State's request
for approval.
(3) A complete request for the Administrator
approval is received and will either
there has been a period of approve, partially
public comment. approve, or
disapprove the
State rule,
program, or
requirement within
180 days of receipt
of a complete
request.
[[Page 104]]
(4) The Administrator finds the Administrator the Administrator
that all of the criteria of will approve or will publish it in
this section are met and partially approve the Federal
all of the criteria of Sec. the State rule, Register, and
63.92, Sec. 63.93, Sec. program, or incorporate it
63.94, Sec. 63.95, or Sec. requirement. directly or by
63.97 are met. reference, in the
appropriate subpart
of part 63.
Requirements
approved under Sec.
63.95 will be
incorporated
pursuant to
requirements under
part 68 of this
chapter.
(5) The Administrator finds the Administrator any resubmittal by a
that any of the criteria of will notify the State of a request
this section are not met, State of any for approval will
or any of the criteria of revisions or be considered a new
Sec. 63.92, Sec. 63.93, additions necessary request under this
Sec. 63.94, Sec. 63.95, to obtain approval. subpart.
or Sec. 63.97 under which
the request for approval
was made are not met.
(6) A State rule, program, unless the State can the Administrator
or requirement is revise the will publish the
disapproved. submittal to meet disapproval in the
the criteria, the Federal Register.
Administrator will
disapprove the
State rule,
program, or
requirement.
------------------------------------------------------------------------
(c) Enforcement. (1) Approval of the alternative rule, program, or
requirement delegates to the State the authority to implement and
enforce the approved rule, program, or requirement in lieu of the
otherwise applicable Federal section 112 rule, emission standard, or
requirement.
(i) The approved State rule, program, or requirement shall be
federally enforceable from the date the Administrator signs the
approval, with two exceptions. For States that implement unchanged
Federal requirements (Sec. 63.91, straight delegation) via their title V
permit program, and for States using the equivalency by permit option
(63.94), the approved requirements shall be federally enforceable on the
date of issuance or revision of the title V permit.
(ii) In the case of a partial approval under paragraph (f)(1) of
this section, only those authorities of the State request found to meet
the requirements of this section will be approved; the remaining Federal
authorities will be implemented and enforced by EPA.
(iii) For partial approvals under paragraph (f)(3) of this section,
only the portion of the State rule that is approved will be federally
enforceable; the remainder continues to be State enforceable only.
(2) When a State rule, program, or requirement is approved by the
Administrator under this subpart, applicable title V permits shall be
revised according to the provisions of Sec. 70.7(f) of this chapter.
(i) Each permit shall specify the origin of the alternative
conditions per Sec. 70.6 (a)(i) of this chapter and specifically
reference the Federal Register notice or other EPA approval mechanism in
the permit.
(ii) When approved alternative requirements are incorporated in a
permit, those requirements must be clearly identified and carried
forward in any subsequent permit revisions or renewals. If the permit is
not renewed, or if a revision or renewal does not carry the alternate
requirements forward, then the Federal section 112 requirements become
the applicable requirements.
(3) If approval is withdrawn under Sec. 63.96, all otherwise
applicable Federal rules and requirements shall be enforceable in
accordance with the compliance schedule established in the withdrawal
notice and relevant title V permits shall be revised according to the
provisions of Sec. 70.7(f) of this chapter.
(d) Criteria for approval. (1) Any request for approval under this
subpart shall meet all section 112(l) approval criteria specified by the
otherwise applicable Federal section 112 rule, emission standard, or
requirement, all of the approval criteria of this section, and any
additional approval criteria in Secs. 63.92, 63.93, 63.94, 63.95, or
63.97.
(2) Once a State has satisfied the Sec. 63.91(d) up-front approval
requirements, it only needs to reference the previous demonstration and
reaffirm that is still meets the criteria for any subsequent equivalency
submittals.
(3) Interim or final title V program approval will satisfy the
criteria set
[[Page 105]]
forth in Sec. 63.91(d), up-front approval criteria. Alternatively, the
State must provide the following items in paragraphs (d)(3)(i) through
(v) of this section to the Administrator:
(i) A written finding by the State Attorney General (or for a local
agency or tribal authority, the General Counsel with full authority to
represent the local agency or tribal authority) that the State has the
necessary legal authority to implement and to enforce the State rule,
program, or requirement upon approval and to assure compliance by all
sources within the State with each applicable section 112 rule, emission
standard, or requirement. For full approval, the State must have the
following legal authorities concerning enforcement and compliance
assurance:
(A) The State shall have enforcement authorities that meet the
requirements of Sec. 70.11 of this chapter, except that tribal
authorities shall have enforcement authorities that meet the
requirements of part 49 of this chapter, the Tribal Air Rule.
(B) The State shall have authority to request information from
regulated sources regarding their compliance status.
(C) The State shall have authority to inspect sources and any
records required to determine a source's compliance status.
(D) If a State delegates authorities to a local agency, the State
must retain enforcement authority unless the local agency has
authorities that meet the requirements of Sec. 70.11 of this chapter.
(ii) A copy of State statutes, regulations, and requirements that
contain the appropriate provisions granting authority to implement and
enforce the State rule, program, or requirement upon approval.
(iii) A demonstration that the State has adequate resources to
implement and enforce all aspects of the rule, program, or requirement
upon approval (except for authorities explicitly retained by the
Administrator, such as those pursuant to paragraph (f) of this section
or pursuant to part 49 of this chapter), which includes:
(A) A description in narrative form of the scope, structure,
coverage, and processes of the State program.
(B) A description of the organization and structure of the agency or
agencies that will have responsibility for administering the program.
(C) A description of the agency's capacity to carry out the State
program, including the number, occupation, and general duties of the
employees.
(iv) A schedule demonstrating expeditious State implementation of
the rule, program, or requirement upon approval.
(v) A plan that assures expeditious compliance by all sources
subject to the State rule, program, or requirement upon approval. The
plan should include, at a minimum, a complete description of the State's
compliance tracking and enforcement program, including but not limited
to inspection strategies.
(4) If any of the State documents that are required to support an
approval under this subpart are readily available to the EPA and to the
public, the State may cite the relevant portions of the documents or
indicate where they are available (e.g., by providing an Internet
address) rather than provide copies.
(e) Revisions. Within 90 days of any State amendment, repeal, or
revision of any State rule, program, permit, or other requirement
approved as an alternative to a Federal requirement or part of the
authority necessary for the up-front approval, the State must provide
the Administrator with a copy of the revised authorities and meet the
requirements of either paragraph (e)(1) or (e)(2) of this section.
(1)(i) The State shall provide the Administrator with a written
finding by the State Attorney General (or for a local agency or tribal
authority, the General Counsel with full authority to represent the
local agency or tribal authority) that the State's revised legal
authorities are adequate to continue to implement and to enforce all
previously approved State rules and the approved State program (as
applicable) and adequate to continue to assure compliance by all sources
within the State with approved rules, the approved program, the approved
permit, or other requirements (as applicable) and each applicable
section 112 rule, emission standard, or requirement.
[[Page 106]]
(ii) If the Administrator determines that the written finding is not
adequate, the State shall request approval of the revised rule, program,
permit, or other requirement according to the provisions of paragraph
(e)(2) of this section.
(2) The State shall request approval under this subpart for any
revised rule, program, permit, or other requirement.
(i) If the Administrator approves the revised rule, program, permit,
or other requirement, the revision will replace the previously approved
rule, program, permit, or other requirement.
(ii) If the Administrator disapproves the revised rule, program,
permit, or other requirement, the Administrator will initiate procedures
under Sec. 63.96 to withdraw approval of any previously approved rule,
program, permit, or other requirement that may be affected by the
revised authorities.
(iii) Until such time as the Administrator approves or withdraws
approval of a revised rule, program, permit, or other requirement, the
previously approved rule, program, permit, or requirement remains
federally enforceable and the revision is not federally enforceable.
(3) If the EPA amends, or otherwise revises a promulgated section
112 rule or requirement in a way that increases its stringency, the EPA
will notify any State which has received delegation under this subpart
of the need to revise their equivalency demonstration.
(i) The EPA Regional Office will consult with the affected State(s)
to set a time frame for the State(s) to submit a revised equivalency
demonstration.
(ii) The revised equivalency demonstration will be reviewed and
approved or disapproved according to the procedures set forth in this
section and Sec. 63.91, Sec. 63.92, Sec. 63.93, Sec. 63.94, Sec. 63.95,
or Sec. 63.97, whichever are applicable.
(f) Partial approval. The partial approval process under this
subpart is described in the following table:
------------------------------------------------------------------------
If . . . Then . . . And . . .
------------------------------------------------------------------------
(1) A State's legal the Administrator The EPA will
authorities submitted under may grant a partial continue to
this subpart substantially approval with the implement and
meet the requirements of State's consent. enforce those
paragraph (d)(3)(i) of this authorities under
section, but are not fully paragraph (d)(3)(i)
approvable. of this section
that are not
approved.
(2) Any of the other the Administrator
requirements in paragraphs will disapprove the
(d)(3)(ii)-(v) of this submittal.
section are not approvable.
(3) A rule, requirement, or the Administrator the Administrator
program submitted under may remove that may then grant a
this subpart meets the separable portion partial approval of
requirements of Sec. with the State's the portion of the
63.92, Sec. 63.93, Sec. consent. rule, requirement,
63.94, Sec. 63.95, or Sec. or program that
63.97 as appropriate, with meets the
the exception of a requirements of
separable portion of that this subpart.
rule, requirement, or
program.
(4) the Administrator the Administrator
determines that there are may disapprove the
too many areas of submittal in its
deficiency or that entirety.
separating the
responsibilities between
Federal and State
government would be too
cumbersome and complex.
------------------------------------------------------------------------
(g) Subpart A, Delegable authorities. A State may exercise certain
authorities granted to the Administrator under subpart A, but may not
exercise others, according to the following criteria:
(1) A State may ask the appropriate EPA Regional Office to delegate
any of the authorities listed as ``Category I'', in paragraph (g)(1)(i)
of this section. The EPA Regional Office will delegate any such
authorities at their discretion.
(i) ``Category I'' shall consist of the following authorities:
Category I Authorities
(A) Section 63.1, Applicability Determinations
(B) Section 63.6(e), Operation and Maintenance Requirements--
Responsibility for Determining Compliance
(C) Section 63.6(f), Compliance with Non-Opacity Standards--
Responsibility for Determining Compliance
[[Page 107]]
(D) Section 63.6(h), Compliance with Opacity and Visible Emissions
Standards--Responsibility for Determining Compliance
(E) Sections 63.7(c)(2)(i) and (d), Approval of Site-Specific Test Plans
(F) Section 63.7(e)(2)(i), Approval of Minor Alternatives to Test
Methods
(G) Section 63.7(e)(2)(ii) and (f), Approval of Intermediate
Alternatives to Test Methods
(H) Section 63.7(e)(iii), Approval of Shorter Sampling Times and Volumes
When Necessitated by Process Variables or Other Factors
(I) Sections 63.7(e)(2)(iv), (h)(2), and (h)(3), Waiver of Performance
Testing
(J) Sections 63.8(c)(1) and (e)(1), Approval of Site-Specific
Performance Evaluation (Monitoring) Test Plans
(K) Section 63.8(f), Approval of Minor Alternatives to Monitoring
(L) Section 63.8(f), Approval of Intermediate Alternatives to Monitoring
(M) Section 63.9 and 63.10, Approval of Adjustments to Time Periods for
Submitting Reports
(N) Section 63.10(f), Approval of Minor Alternatives to Recordkeeping
and Reporting
(ii) The State must maintain a record of all approved alternatives
to all monitoring, testing, recordkeeping, and reporting requirements
and provide this list of alternatives to its EPA Regional Office at
least semi-annually, or on a more frequent basis if requested by the
Regional Office. The Regional Office may audit the State-approved
alternatives and disapprove any that it determines are inappropriate,
after discussion with the State. If changes are disapproved, the State
must notify the source that it must revert to the original applicable
monitoring, testing, recordkeeping, and/or reporting requirements
(either those requirements of the original section 112 requirement, the
alternative requirements approved under this subpart, or the previously
approved site-specific alternative requirements). Also, in cases where
the source does not maintain the conditions which prompted the approval
of the alternatives to the monitoring, testing, recordkeeping, and/or
reporting requirements, the State (or EPA Regional Office) must require
the source to revert to the original monitoring, testing, recordkeeping,
and reporting requirements, or more stringent requirements, if
justified.
(2)(i) A State may not ask the appropriate EPA Regional Office to
delegate any of the authorities listed as ``Category II'' in paragraph
(g)(2)(ii) of this section.
(ii) ``Category II'' shall consist of the following authorities:
Category II Authorities
(A) Section 63.6(g), Approval of Alternative Non-Opacity Emission
Standards
(B) Section 63.6(h)(9), Approval of Alternative Opacity Standards
(C) Sections 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to
Test Methods
(D) Section 63.8(f), Approval of Major Alternatives to Monitoring
(E) Section 63.10(f), Approval of Major Alternatives to Recordkeeping
and Reporting
[65 FR 55837, Sept. 14, 2000]
Sec. 63.92 Approval of State requirements that adjust a section 112 rule.
Under this section a State may seek approval of State requirements
that make pre-approved adjustments to a Federal section 112 rule,
emission standard, or requirement that are unambiguously no less
stringent than the Federal rule, emission standard, or requirement.
(a) Approval process. (1) If the Administrator finds that the
criteria of this section and the criteria of Sec. 63.91 are met, the
Administrator will approve the State requirements, publish them in the
Federal Register, and incorporate them, directly or by reference, in the
appropriate subpart of part 63, without additional notice and
opportunity for comment. Requirements approved under Sec. 63.95 will be
incorporated pursuant to requirements under part 68 of this chapter.
(2) If the Administrator finds that any one of the State adjustments
to the Federal rule is in any way ambiguous with respect to the
stringency of applicability, level of control, compliance and
enforcement measures, or the compliance date for any affected
[[Page 108]]
source or emission point, the Administrator will either disapprove the
State request or consider the request under Sec. 63.93.
(3) Within 60 days of receiving a complete request for approval
under this section, the Administrator will either approve or disapprove
the State request. If approved, the change will be effective upon
signature of the Federal Register notice.
(4) Requirements submitted for approval under this section shall
include either title V permits, title V general permits, Federal new
source review permits, or State rules. Permits must already be issued to
be used under this section.
(5) If the State uses a permit as the basis of alternative
requirements under this section, the relevant permit terms and
conditions must remain applicable to the source, even if the source
takes steps that would otherwise release it from an obligation to have a
permit.
(b) Criteria for approval. Any request for approval under this
section shall meet all of the criteria of this section and Sec. 63.91
before approval. The State shall provide the Administrator with:
(1) A demonstration that the public within the State has had
adequate notice and opportunity to submit written comment on the State
requirements, and
(2) A demonstration that each State adjustment to the Federal rule
individually results in requirements that:
(i) Are unequivocally no less stringent than the otherwise
applicable Federal rule with respect to applicability;
(ii) Are unequivocally no less stringent than the otherwise
applicable Federal rule with respect to level of control for each
affected source and emission point;
(iii) Are unequivocally no less stringent than the otherwise
applicable Federal rule with respect to compliance and enforcement
measures for each affected source and emission point; and
(iv) Assure compliance by every affected source no later than would
be required by the otherwise applicable Federal rule.
(3) State adjustments to Federal section 112 rules which may be part
of an approved rule under this section are:
(i) Lowering a required emission rate or de minimis level;
(ii) Adding a design, work practice, operational standard, emission
rate or other such requirement;
(iii) Increasing a required control efficiency;
(iv) Increasing the frequency of required reporting, testing,
sampling or monitoring;
(v) Adding to the amount of information required for records or
reports;
(vi) Decreasing the amount of time to come into compliance;
(vii) Subjecting additional emission points or sources within a
source category to control requirements;
(viii) Any adjustments allowed in a specific section 112 rule;
(ix) Minor editorial, formatting, and other nonsubstantive changes;
or
(x) Identical alternative requirements previously approved by the
Administrator in another local agency within the same State, if
previously noticed that the alternative requirements would be applicable
in the jurisdiction seeking approval under this section.
[65 FR 55840, Sept. 14, 2000]
Sec. 63.93 Approval of State requirements that substitute for a section 112 rule.
Under this section a State may seek approval of State requirements
which differ from a Federal section 112 rule for which they would
substitute, such that the State requirements do not qualify for approval
under Sec. 63.92.
(a) Approval process. (1) After receiving a complete request for
approval under this section and making a preliminary determination on
its equivalence, the Administrator will seek public comment on the
State's request for a minimum of 30 days through a Federal Register
notice. The Administrator will require that comments be submitted
concurrently to the State.
(2) If, after review of public comments and any State responses to
comments submitted to the Administrator, the Administrator finds that
the criteria of this section and the criteria of Sec. 63.91 are met, the
Administrator will
[[Page 109]]
approve the State requirements under this section, publish the approved
requirements in the Federal Register, and incorporate them directly or
by reference, in the appropriate subpart of part 63. Requirements
approved under Sec. 63.95 will be incorporated pursuant to requirements
under part 68 of this chapter.
(3) If the Administrator finds that any of the requirements of this
section or Sec. 63.91 have not been met, the Administrator may partially
approve or disapprove the State requirements. For any partial approvals
or disapprovals, the Administrator will provide the State with the basis
for the partial approval or disapproval and what actions that State can
take to make the requirements approvable.
(4) Requirements submitted for approval under this section shall
include either: State rules, title V permits, title V general permits,
Federal new source review permits, board and administrative orders,
permits issued pursuant to permit templates, or State operating permits.
Permits must already be issued to be used under this section.
(5) If the State uses a permit as the basis of alternative
requirements under this section, the relevant permit terms and
conditions must remain applicable to the source even if it takes steps
that would otherwise release it from an obligation to have a permit.
(6) Within 180 days of receiving a complete request for approval
under this section, the Administrator will either approve, partially
approve, or disapprove the State request.
(b) Criteria for approval. Any request for approval under this
section shall meet all of the criteria of this section and Sec. 63.91
before approval. The State shall provide the Administrator with detailed
documentation that the State requirements contain or demonstrate:
(1) Applicability criteria that are no less stringent than those in
the respective Federal rule;
(2) Levels of control (including associated performance test
methods) and compliance and enforcement measures that result in emission
reductions from each affected source or accidental release prevention
program requirements for each affected source that are no less stringent
than would result from the otherwise applicable Federal rule;
(3) A compliance schedule that requires each affected source to be
in compliance within a time frame consistent with the deadlines
established in the otherwise applicable Federal rule; and
(4) At a minimum, the approved State requirements must include the
following compliance and enforcement measures. (For requirements
addressing the accidental release prevention program, minimum compliance
and enforcement provisions are described in Sec. 63.95.)
(i) The approved requirements must include monitoring or another
method for determining compliance.
(ii) If a standard in the approved rule is not instantaneous, a
maximum averaging time must be established.
(iii) The requirements must establish an obligation to periodically
monitor for compliance using the monitoring or another method
established in paragraph (b)(4)(i) of this section sufficient to yield
reliable data that are representative of the source's compliance status.
[65 FR 55841, Sept. 14, 2000]
Sec. 63.94 Approval of State permit terms and conditions that substitute for a section 112 rule.
Under this section a State may seek approval of State permit terms
and conditions to be implemented and enforced in lieu of specified
existing and future Federal section 112 rules, emission standards, or
requirements promulgated under section 112, for those affected sources
permitted by the State under part 70 of this chapter. The State may not
seek approval under this section for permit terms and conditions that
implement and enforce part 68 requirements.
(a) Up-front approval process.(1) A State must submit a request that
meets the requirements of paragraph (b) of this section. After receiving
a complete request for approval of a State program under this section
and making a preliminary determination of equivalence, the Administrator
will seek public comment for 21 days through a Federal Register notice.
The Administrator will require that
[[Page 110]]
comments be submitted concurrently to the State.
(2) If, after review of all public comments, and State responses to
comments submitted to the Administrator, the Administrator finds that
the criteria of paragraph (b) of this section and the criteria of
Sec. 63.91 are met, the Administrator will approve the State program.
The approved program will be published in the Federal Register and
incorporated directly or by reference in the appropriate subpart of part
63.
(3) If the Administrator finds that any of the criteria of paragraph
(b) of this section or Sec. 63.91 have not been met, the Administrator
will partially approve or disapprove the State program. For any partial
approvals or disapprovals, the Administrator will provide the State with
the basis for the partial approval or disapproval and what action the
State can take to make the programs approvable.
(4) Within 90 days of receiving a complete request for approval
under this section, the Administrator will either approve, partially
approve, or disapprove the State request.
(b) Criteria for up-front approval. Any request for program approval
under this section shall meet all of the criteria of this paragraph and
Sec. 63.91 before approval. The State shall provide the Administrator
with:
(1)(i) To the extent possible, an identification of all specific
sources in source categories listed pursuant to subsection 112(c) for
which the State is seeking authority to implement and enforce
alternative requirements under this section;
(ii) If the identified sources in any source category comprise a
subset of the sources in that category within the State's jurisdiction,
the State shall request delegation for the remainder of the sources in
that category that are required to be permitted by the State under part
70 of this chapter. The State shall request delegation for the remainder
of the sources in that category under another section of this subpart.
(iii) Prior to submitting a request for one or more sources within a
source category, the State shall consult with their EPA Regional Office
regarding the number of sources in a category eligible for submittal
under this option. Based on the Regional Office's decision, the State
shall limit the number of sources for which it submits permit
requirements.
(2) To the extent possible, an identification of all existing and
future section 112 emission standards for which the State is seeking
authority under this section to implement and enforce alternative
requirements.
(3) If, after approval of the initial list of source categories
identified in paragraph (b)(2) of this section, the State adds source
categories for approval under this option, the State shall submit an
addendum to the up-front approval submission, and identify the addition
to the lists. The Administrator will follow the process outlined in
paragraph (a) of this section for up-front approval.
(4) A one-time demonstration that the State has an approved title V
operating permit program and that the program permits the affected
sources.
(c) Approval process for alternative requirements. (1) After
promulgation of a Federal section 112 rule, emission standard, or
requirement for which the State has up-front approval to implement and
enforce alternative requirements in the form of title V permit terms and
conditions, the State shall provide the Administrator with pre-draft
title V permit terms and conditions that are sufficient, in the
Administrator's judgement, to allow the Administrator to determine
equivalency. The permit terms and conditions shall reflect all of the
requirements of the otherwise applicable Federal section 112 rule,
emission standard, or requirement.
(2) [Reserved]
(3) If, the Administrator receives a complete request and finds the
pre-draft title V permit terms and conditions submitted by the State
meet the criteria of paragraph (d), the Administrator will approve the
State's alternative requirements (by approving the pre-draft permit
terms and conditions) and notify the State in writing of the approval.
(4) The Administrator may approve the State's alternative
requirements on the condition that the State makes certain changes to
the pre-draft title V
[[Page 111]]
permit terms and conditions and includes the changes in the complete
pre-draft, proposed, and final title V permits for the affected sources.
If the Administrator approves the alternative requirements on the
condition that the State makes certain changes to them, the State shall
make those changes or the alternative requirements will not be federally
enforceable when they are included in the final permit, even if the
Administrator does not object to the proposed permit. Until the
Administrator affirmatively approves the State's alternative
requirements (by approving the pre-draft permit terms and conditions)
under this paragraph, and those requirements (permit terms) are
incorporated into the final title V permit for any affected source, the
otherwise applicable Federal emission standard(s) remain the federally
enforceable and applicable requirements for that source.
(5) If, after evaluating the pre-draft title V permit terms and
conditions that were submitted by the State, the Administrator finds
that the criteria of paragraph (d) of this section have not been met,
the Administrator will disapprove the State's alternative requirements
and notify the State in writing of the disapproval. In the notice of
disapproval, the Administrator will specify the deficient or
nonapprovable elements of the State's alternative requirements.
(6) Within 90 days of receiving a complete request for approval
under this paragraph, the Administrator will either approve, partially
approve, or disapprove the State's alternative requirements.
(7) Nothing in this section precludes the State from submitting
alternative requirements in the form of title V permit terms and
conditions or title V general permit terms and conditions for approval
under this paragraph at the same time the State submits its program to
the Administrator for up-front approval under paragraph (a) of this
section, provided that the Federal emission standards for which the
State submits alternative requirements are promulgated at the time of
the State's submittal. If the Administrator finds that the criteria of
Sec. 63.91 and the criteria of paragraphs (b) and (d) of this section
are met, the Administrator will approve both the State program and the
permit terms and conditions within 90 days of receiving a complete
request for approval.
(d) Approval criteria for alternative requirements.Any request for
approval under this paragraph shall meet the following criteria. Taken
together, the criteria in this paragraph describe the minimum contents
of a State's equivalency demonstration for a promulgated Federal section
112 rule, emission standard, or requirement. To be approvable, the State
submittal must contain sufficient detail to allow the Administrator to
make a determination of equivalency between the State's alternative
requirements and the Federal requirements. Each submittal of alternative
requirements in the form of pre-draft permit terms and conditions for an
affected source shall:
(1) Identify the specific, practicably enforceable terms and
conditions with which the source would be required to comply upon
issuance, renewal, or revision of the title V permit. The State shall
submit permit terms and conditions that reflect all of the requirements
of the otherwise applicable Federal section 112 rule, emission standard,
or requirement. The State shall identify for the Administrator the
specific permit terms and conditions that contain alternative
requirements.
(2) Identify specifically how the alternative requirements in the
form of permit terms and conditions are the same as or differ from the
requirements in the otherwise applicable Federal section 112 rule,
emission standard, or requirement (including any applicable requirements
in subpart A or other subparts or appendices). The State shall provide
this identification in a side-by-side comparison of the State's
requirements in the form of permit terms and conditions and the
requirements of the Federal section 112 rule, emission standard, or
requirement.
(3) The State shall provide the Administrator with detailed
documentation that demonstrates that the alternative requirements meet
the criteria specified in Sec. 63.93(b), i.e., that the alternative
requirements are at least as
[[Page 112]]
stringent as the otherwise applicable Federal requirements.
(e) Incorporation of permit terms and conditions into title V
permits. (1) After approval of the State's alternative requirements
under this section, the State shall incorporate the approved permit
terms and conditions into title V permits for the affected sources. The
State shall issue or revise the title V permits according to the
provisions contained in Sec. 70.7 of this chapter. The alternative
permit terms and conditions may substitute for the Federal requirements
once they are contained in a valid title V permit. If the State does not
write the alternative conditions, exactly as approved, into the permit,
EPA may reopen the permit for cause per Sec. 70.7(g) of this chapter,
and the delegation may not occur.
(2) In the notice of pre-draft permit availability, and in each pre-
draft, proposed, and final permit, the State shall indicate prominently
that the permit contains alternative section 112 requirements. In the
notice of pre-draft permit availability, the State shall specifically
solicit public comment on the alternative requirements. In addition, the
State shall attach all documents supporting the approved equivalency
determination for those alternative requirements to each pre-draft,
proposed, and final permit.
[65 FR 55841, Sept. 14, 2000]
Sec. 63.95 Additional approval criteria for accidental release prevention programs.
(a) A State submission for approval of a part 68 program must meet
the criteria and be in accordance with the procedures of this section,
Sec. 63.91, and, where appropriate, either Sec. 63.92 or Sec. 63.93.
(b) The State part 68 program application shall contain the
following elements consistent with the procedures in Sec. 63.91 and,
where appropriate, either Sec. 63.92 or Sec. 63.93 of this subpart, for
at least the chemicals listed in part 68 subpart F (``federally-listed
chemicals'') that an approvable State Accidental Release Prevention
program is regulating:
(1)(i) A demonstration of the State's authority and resources to
implement and enforce regulations that are no less stringent than the
regulations of part 68, subparts A through G and Sec. 68.200 of this
chapter; and
(ii) A requirement that any source subject to the State's part 68
program submit a Risk Management Plan (RMP) that reports at least the
same information in the same format as required under part 68, subpart G
of this chapter.
(2) A State's RMP program may require reporting of information not
required by the Federal program, and these requirements (like any other
additional State requirements) will become federally enforceable upon
approval. The extent to which EPA will be able to help a State collect
and report additional information through EPA's electronic RMP
submission system will be determined on a case-by-case basis.
(3) Procedures for reviewing risk management plans and providing
technical assistance to stationary sources, including small businesses.
(4) A demonstration of the State's authority to enforce all part 68
requirements must be made, including an auditing strategy that complies
with Sec. 68.220 of this chapter.
(c) A State may request approval for a program that covers all of
the federally-listed chemicals (a ``complete program'') or a program
covering less than all of the federally-listed chemicals (a ``partial
program'') as long as the State takes delegation of the full part 68
program for the federally-listed chemicals it regulates.
[65 FR 55843, Sept. 14, 2000]
Sec. 63.96 Review and withdrawal of approval.
(a) Submission of information for review of approval. (1) The
Administrator may at any time request any of the following information
to review the adequacy of implementation and enforcement of an approved
rule or program and the State shall provide that information within 45
days of the Administrator's request:
(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;
[[Page 113]]
(ii) Information to demonstrate adequate State enforcement and
compliance monitoring activities with respect to all approved State
rules and with all section 112 rules, emission standards or
requirements;
(iii) Information to demonstrate adequate funding, staff, and other
resources to implement and enforce the State's approved rule or program;
(iv) A schedule for implementing the State's approved rule or
program that assures compliance with all section 112 rules and
requirements that the EPA has promulgated since approval or since the
immediately previous EPA review,
(v) A list of part 70 or other permits issued, amended, revised, or
revoked since approval or since immediately previous EPA review, for
sources subject to a State rule or program approved under this subpart.
(vi) A summary of enforcement actions by the State regarding
violations of section 112 requirements, including but not limited to
administrative orders and judicial and administrative complaints and
settlements.
(2) Upon request by the Administrator, the State shall demonstrate
that each State rule, emission standard or requirement applied to an
individual source is no less stringent as applied than the otherwise
applicable Federal rule, emission standard or requirement.
(b) Withdrawal of approval of a state rule or program. (1) If the
Administrator has reason to believe that a State is not adequately
implementing or enforcing an approved rule or program according to the
criteria of this section or that an approved rule or program is not as
stringent as the otherwise applicable Federal rule, emission standard or
requirements, the Administrator will so inform the State in writing and
will identify the reasons why the Administrator believes that the
State's rule or program is not adequate. The State shall then initiate
action to correct the deficiencies identified by the Administrator and
shall inform the Administrator of the actions it has initiated and
completed. If the Administrator determines that the State's actions are
not adequate to correct the deficiencies, the Administrator will notify
the State that the Administrator intends to withdraw approval and will
hold a public hearing and seek public comment on the proposed withdrawal
of approval. The Administrator will require that comments be submitted
concurrently to the State. Upon notification of the intent to withdraw,
the State will notify all sources subject to the relevant approved rule
or program that withdrawal proceedings have been initiated.
(2) Based on any public comment received and any response to that
comment by the State, the Administrator will notify the State of any
changes in identified deficiencies or actions needed to correct
identified deficiencies. If the State does not correct the identified
deficiencies within 90 days after receiving revised notice of
deficiencies, the Administrator shall withdraw approval of the State's
rule or program upon a determination that:
(i) The State no longer has adequate authorities to assure
compliance or re-sources to implement and enforce the approved rule or
program, or
(ii) The State is not adequately implementing or enforcing the
approved rule or program, or
(iii) An approved rule or program is not as stringent as the
otherwise applicable Federal rule, emission standard or requirement.
(3) The Administrator may withdraw approval for part of a rule, for
a rule, for part of a program, or for an entire program.
(4) Any State rule, program or portion of a State rule or program
for which approval is withdrawn is no longer Federally enforceable. The
Federal rule, emission standard or requirement that would have been
applicable in the absence of approval under this will be the federally
enforceable rule, emission standard or requirement.
(i) Upon withdrawal of approval, the Administrator will publish an
expeditious schedule for sources subject to the previously approved
State rule or program to come into compliance with applicable Federal
requirements. Such schedule shall include interim emission limits where
appropriate. During this transition, sources must be operated in
[[Page 114]]
a manner consistent with good air pollution control practices for
minimizing emissions.
(ii) Upon withdrawal, the State shall reopen, under the provisions
of Sec. 70.7(f) of this chapter, the part 70 permit of each source
subject to the previously approved rules or programs in order to assure
compliance through the permit with the applicable requirements for each
source.
(iii) If the Administrator withdraws approval of State rules
applicable to sources that are not subject to part 70 permits, the
applicable State rules are no longer Federally enforceable.
(iv) If the Administrator withdraws approval of a portion of a State
rule or program, other approved portions of the State rule or program
that are not withdrawn shall remain in effect.
(v) Any applicable Federal emission standard or requirement shall
remain enforceable by the EPA as specified in section 112(l)(7) of the
Act.
(5) If a rule approved under Sec. 63.93 is withdrawn under the
provisions of Sec. 63.96(b)(2) (i) or (ii), and, at the time of
withdrawal, the Administrator finds the rule to be no less stringent
than the otherwise applicable Federal requirement, the Administrator
will grant equivalency to the previously approved State rule under the
appropriate provisions of this part.
(6) A State may submit a new rule, program or portion of a rule or
program for approval after the Administrator has withdrawn approval of
the State's rule, program or portion of a rule or program. The
Administrator will determine whether the new rule or program or portion
of a rule or program is approvable according to the criteria and
procedures of Sec. 63.91 and either of Sec. Sec. 63.92, 63.93 or 63.94.
(7) A State may voluntarily withdraw from an approved State rule,
program or portion of a rule or program by notifying the EPA and all
affected sources subject to the rule or program and providing notice and
opportunity for comment to the public within the State.
(i) Upon voluntary withdrawal by a State, the Administrator will
publish a timetable for sources subject to the previously approved State
rule or program to come into compliance with applicable Federal
requirements.
(ii) Upon voluntary withdrawal, the State must reopen and revise the
part 70 permits of all sources affected by the withdrawal as provided
for in this section and Sec. 70.7(f), and the Federal rule, emission
standard, or requirement that would have been applicable in the absence
of approval under this subpart will become the applicable requirement
for the source.
(iii) Any applicable Federal section 112 rule, emission standard or
requirement shall remain enforceable by the EPA as specified in section
112(l)(7) of the Act.
(iv) Voluntary withdrawal shall not be effective sooner than 180
days after the State notifies the EPA of its intent to voluntarily
withdraw.
[65 FR 55843, Sept. 14, 2000]
Sec. 63.97 Approval of a State program that substitutes for section 112 requirements.
Under this section, a State may seek approval of a State program to
be implemented and enforced in lieu of specified existing or future
Federal emission standards or requirements promulgated under section
112. A State may not seek approval under this section for a program that
implements and enforces part 68 requirements.
(a) Up-front approval process. (1) After receiving a complete
request for approval of a State program submitted under paragraph (b)(1)
or (b)(2) of this section and making a preliminary determination on
whether to approve it, the Administrator will seek public comment for 21
days through a Federal Register notice. At its discretion, the State may
include in this submittal a request for approval of specific alternative
requirements under paragraph (b)(3) of this section.
(2) [Reserved]
(3) The Administrator will require that comments be submitted
concurrently to the State.
(4) If, after review of all public comments and State responses to
comments submitted to the Administrator, the Administrator finds that
the criteria of paragraph (b) of this section and the criteria of
Sec. 63.91 are met, the Administrator will approve or partially approve
the State program. The approved State program will be published
[[Page 115]]
in the Federal Register and incorporated, directly or by reference, in
the appropriate subpart of part 63.
(5) If the Administrator finds that any of the criteria of paragraph
(b) of this section or Sec. 63.91 have not been met, the Administrator
will partially approve or disapprove the State program.
(6) The Administrator will either approve, partially approve, or
disapprove the State request:
(i) Within 90 days after receipt of a complete request for approval
of a State program submitted under paragraph (b)(1) or (b)(2) of this
section; or
(ii) Within 180 days after receipt of a complete request for
approval of a State program submitted under paragraphs (b)(1) or (b)(2)
and paragraph (b)(3) of this section.
(b) Criteria for up-front approval. Any request for program approval
under this section shall meet all of the criteria of this paragraph and
Sec. 63.91 before approval.
(1) For every request for program approval under this section, the
State shall provide the Administrator, to the extent possible, with an
identification of the initial specific source categories listed pursuant
to section 112(c) and an identification of all existing and future
section 112 emission standards or other requirements for which the State
is seeking authority to implement and enforce alternative requirements
under this section.
(2) If, after approval of the initial list of specific source
categories identified in paragraph (b)(1) of this section, the State
adds source categories for approval under this option, the State shall
submit an addendum to the approval submission, and identify the addition
to the list.
(3) In addition, the State may provide the Administrator with one or
more of the following program elements for approval under this
paragraph:
(i) Alternative requirements in State rules, regulations, or general
permits (or other enforceable mechanisms) that apply generically to one
or more categories of sources and for which the State seeks approval to
implement and enforce in lieu of specific existing Federal section 112
emission standards or requirements. The Administrator may approve or
disapprove the alternative requirements in these rules, regulations, or
permits when approving or disapproving the State's up-front submittal
under this paragraph. After approval of the alternative generic rules,
regulations or general permits, and after new Federal emission standards
or requirements are promulgated, the State may extend the applicability
of approved generic alternative requirements to additional source
categories by repeating the approval process specified in paragraph (a)
of this section. To be approvable, any request for approval of generic
alternative requirements during the up-front approval process shall meet
the criteria in paragraph (d) of this section.
(ii) A description of the mechanisms that are enforceable as a
matter of State law that the State will use to implement and enforce
alternative requirements for area sources. The mechanisms that may be
approved under this paragraph include title V permits, title V general
permits, Federal new source review permits, board and administrative
orders, permits issued pursuant to permit templates, state permits, and
State rules that apply to categories of sources. The State shall
demonstrate to the Administrator that the State has adequate resources
and authorities to implement and enforce alternative section 112
requirements using the State mechanisms.
(c) Approval process for alternative requirements. (1) After
promulgation of a Federal emission standard or requirement for which the
State has program approval under this section to implement and enforce
alternative requirements, the State shall provide the Administrator with
alternative requirements that are sufficient, in the Administrator's
judgement, to allow the Administrator to determine equivalency under
paragraph (d) of this section. The alternative requirements shall
reflect all of the requirements of the otherwise applicable Federal
section 112 rule, emission standard, or requirement, including any
alternative requirements that the State is seeking to implement and
enforce. Alternative requirements submitted for approval under this
paragraph shall be contained in rules, regulations, general
[[Page 116]]
permits, or other mechanisms that apply to and are enforceable under
State law for categories of sources. State policies are not approvable
under this section unless they are incorporated into specific,
enforceable, alternative requirements in rules, permits, or other
mechanisms that apply to categories of sources.
(2) [Reserved]
(3) After receiving a complete request for approval under this
section and making a preliminary determination on its equivalence, the
Administrator will seek public comment for a minimum of 21 days through
a Federal Register notice. The Administrator will require that comments
be submitted concurrently to the State.
(4) If, after review of public comments and any State responses to
comments submitted to the Administrator, the Administrator finds that
the criteria of paragraph (d) of this section and the criteria of
Sec. 63.91 are met, the Administrator will approve the State's
alternative requirements. The approved alternative requirements will be
published in the Federal Register and incorporated, directly or by
reference, in the appropriate subpart of part 63.
(5) If the Administrator finds that any of the requirements of
paragraph (d) of this section or Sec. 63.91 have not been met, the
Administrator will partially approve or disapprove the State's
alternative requirements. For any partial approvals or disapprovals, the
Administrator will provide the State with the basis for the partial
approval or disapproval and what action the State can take to make the
alternative requirements approvable.
(6) Within 180 days of receiving a complete request for approval
under this paragraph, the Administrator will either approve, partially
approve, or disapprove the State request.
(7) Nothing in this section precludes the State from submitting
alternative requirements for approval under this paragraph at the same
time the State submits its program to the Administrator for up-front
approval under paragraph (a) of this section, provided that the Federal
rules, emission standards, or requirements for which the State submits
alternative requirements are promulgated at the time of the State's
submittal. If the Administrator finds that the criteria of Sec. 63.91
and the criteria of paragraphs (b) and (d) of this section are met, the
Administrator will approve both the State program and the alternative
requirements within 180 days of receiving a complete request for
approval. Alternatively, following up-front approval, the State may
submit alternative requirements for approval under this paragraph at any
time after promulgation of the Federal emission standards or
requirements.
(d) Approval criteria for alternative requirements. Any request for
approval under this paragraph shall meet the following criteria. Taken
together, the criteria in this paragraph describe the minimum contents
of a State's equivalency demonstration for a promulgated Federal section
112 rule, emission standard, or requirement. To be approvable, the State
submittal must contain sufficient detail to allow the Administrator to
make a determination of equivalency between the State's alternative
requirements and the Federal requirements. Each submittal of alternative
requirements for a category of sources shall:
(1) Include copies of all State rules, regulations, permits, or
other enforceable mechanisms that contain the alternative requirements
for which the State is seeking approval. These documents shall also
contain requirements that reflect all of the requirements of the
otherwise applicable Federal section 112 rules, emission standards or
requirements for which the State is not submitting alternatives. The
State shall identify for the Administrator the specific requirements
with which sources in a source category are required to comply,
including the specific alternative requirements.
(2) Identify specifically how the alternative requirements are the
same as or differ from the requirements in the otherwise applicable
Federal rule, emission standards, or requirements (including any
applicable requirements in subpart A or other subparts or appendices).
The State shall provide this identification in a side-by-side comparison
of the State's requirements and
[[Page 117]]
the requirements of the Federal rule, emission standards, or
requirements.
(3) The State shall provide the Administrator with detailed
documentation that demonstrates the State's belief that the alternative
requirements meet the criteria specified in Sec. 63.93(b) of this
subpart, i.e., that the alternative requirements are at least as
stringent as the otherwise applicable Federal requirements.
[65 FR 55844, Sept. 14, 2000]
Sec. 63.98 [Reserved]
Sec. 63.99 Delegated Federal authorities.
(a) This section lists the specific source categories that have been
delegated to the air pollution control agencies in each State under the
procedures described in this subpart.
(1) [Reserved]
(2) Alaska. (i) The following table lists the specific part 63
standards that have been delegated unchanged to the Alaska Department of
Environmental Conservation. The (X) symbol is used to indicate each
subpart that has been delegated.
Delegation Status for Part 63 Standards--Alaska
----------------------------------------------------------------------------------------------------------------
Alaska
Department of
Subpart Environmental
Conservation (1/
18/97)
----------------------------------------------------------------------------------------------------------------
A............................................. General Provisions \1\......................... X
D............................................. Early Reductions............................... X
F............................................. HON-SOCMI......................................
G............................................. HON-Process Vents..............................
H............................................. HON-Equipment Leaks............................
I............................................. HON-Negotiated Leaks...........................
L............................................. Coke Oven Batteries............................
M............................................. Perc Dry Cleaning.............................. X
N............................................. Chromium Electroplating........................ X \2\
O............................................. Ethylene Oxide Sterilizers.....................
Q............................................. Industrial Process Cooling Towers.............. X
R............................................. Gasoline Distribution.......................... X
S............................................. Pulp and Paper.................................
T............................................. Halogenated Solvent Cleaning................... X
U............................................. Polymers and Resins I..........................
W............................................. Polymers and Resins II-Epoxy...................
X............................................. Secondary Lead Smelting........................
Y............................................. Marine Tank Vessel Loading..................... X
CC............................................ Petroleum Refineries........................... X
DD............................................ Off-Site Waste and Recovery.................... X
EE............................................ Magnetic Tape Manufacturing....................
GG............................................ Aerospace Manufacturing & Rework...............
II............................................ Shipbuilding and Ship Repair................... X
JJ............................................ Wood Furniture Manufacturing Operations........ X
KK............................................ Printing and Publishing Industry............... X
LL............................................ Primary Aluminum...............................
OO............................................ Tanks--Level 1.................................
PP............................................ Containers.....................................
QQ............................................ Surface Impoundments...........................
RR............................................ Individual Drain Systems.......................
VV............................................ Oil-Water Separators and Organic-Water
Separators.
EEE........................................... Hazardous Waste Combustors.....................
JJJ........................................... Polymers and Resins IV.........................
----------------------------------------------------------------------------------------------------------------
\1\ Authorities which are not delegated include: 40 CFR 63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval
of major alternatives to test methods; 63.8(f) for approval of major alternatives to monitoring; 63.10(f); and
all authorities identified in the subparts (i.e., under ``Delegation of Authority'') that cannot be delegated.
For definitions of minor, intermediate, and major alternatives to test methods and monitoring, see memorandum
from John Seitz, Office of Air Quality Planning and Standards, dated July, 10, 1998, entitled, ``Delegation of
40 CFR Part 63 General Provisions Authorities to State and Local Air Pollution Control Agencies.''
\2\ Alaska received delegation for Subpart N (Chromium Electroplating) as it applies to sources required to
obtain an operating permit under Alaska's regulations. EPA retains the authority for implementing and
enforcing Subpart N for area source chromium electroplating and anodizing operations which have been exempted
from Part 70 permitting in 40 CFR 63.340(e)(1).
(ii) [Reserved]
Note to paragraph (a)(2):
The date in parenthesis indicates the effective date of the
[[Page 118]]
federal rules that have been adopted by and delegated to the Alaska
Department of Environmental Conservation. Therefore, any amendments made
to these delegated rules after this effective date are not delegated to
the agency.
(3) Arizona. The following table lists the specific Part 63
standards that have been delegated unchanged to the air pollution
control agencies in the State of Arizona. The (X) symbol is used to
indicate each category that has been delegated.
(3) Arizona. The following table lists the specific Part 63
standards that have been delegated unchanged to the air pollution
control agencies in the State of Arizona. The (X) symbol is used to
indicate each category that has been delegated.
[[Page 119]]
Delegation Status for Part 63 Standards--Arizona
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subpart Description ADEQ \1\ MCESD \2\ PDEQ \3\ PCAQCD \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
A.............................................. General Provisions........................................ X X X X
F.............................................. Synthetic Organic Chemical Manufacturing Industry......... X X X X
G.............................................. Synthetic Organic Chemical Manufacturing Industry: Process X X X X
Vents, Storage Vessels, Transfer Operations, and
Wastewater.
H.............................................. Organic Hazardous Air Pollutants: Equipment Leaks......... X X X X
I.............................................. Organic Hazardous Air Pollutants: Certain Processes X X X X
Subject to the Negotiated Regulation for Equipment Leaks.
L.............................................. Coke Oven Batteries....................................... X X X X
M.............................................. Perchloroethylene Dry Cleaning............................ X X X X
N.............................................. Hard and Decorative Chromium Electroplating and Chromium X X X X
Anodizing Tanks.
O.............................................. Ethylene Oxide Sterilization Facilities................... X X X X
Q.............................................. Industrial Process Cooling Towers......................... X X X X
R.............................................. Gasoline Distribution Facilities.......................... X X X X
S.............................................. Pulp and Paper............................................ X ......... ......... ..........
T.............................................. Halogenated Solvent Cleaning.............................. X X X X
U.............................................. Group I Polymers and Resins............................... X X ......... X
W.............................................. Epoxy Resins Production and Non-Nylon Polyamides X X X X
Production.
X.............................................. Secondary Lead Smelting................................... X X X X
AA............................................. Phosphoric Acid Manufacturing Plants...................... X ......... ......... ..........
BB............................................. Phosphate Fertilizers Production Plants................... X ......... ......... ..........
CC............................................. Petroleum Refineries...................................... X X X X
DD............................................. Off-Site Waste and Recovery Operations.................... X X ......... X
EE............................................. Magnetic Tape Manufacturing Operations.................... X X X X
GG............................................. Aerospace Manufacturing and Rework Facilities............. X X X X
HH............................................. Oil and Natural Gas Production Facilities................. X ......... ......... ..........
JJ............................................. Wood Furniture Manufacturing Operations................... X X X X
KK............................................. Printing and Publishing Industry.......................... X X X X
LL............................................. Primary Aluminum Reduction Plants......................... X ......... ......... ..........
OO............................................. Tanks--Level 1............................................ X X ......... X
PP............................................. Containers................................................ X X ......... X
QQ............................................. Surface Impoundments...................................... X X ......... X
RR............................................. Individual Drain Systems.................................. X X ......... X
SS............................................. Closed Vent Systems, Control Devices, Recovery Devices and X ......... ......... ..........
Routing to a Fuel Gas System or a Process.
TT............................................. Equipment Leaks--Control Level 1.......................... X ......... ......... ..........
UU............................................. Equipment Leaks-- Control Level 2......................... X ......... ......... ..........
VV............................................. Oil-Water Separators and Organic-Water Separators......... X X ......... X
WW............................................. Storage Vessels (Tanks) --Control Level 2................. X ......... ......... ..........
YY............................................. Generic MACT Standards.................................... X ......... ......... ..........
CCC............................................ Steel Pickling............................................ X ......... ......... ..........
DDD............................................ Mineral Wool Production................................... X ......... ......... ..........
EEE............................................ Hazardous Waste Combustors................................ X ......... ......... ..........
GGG............................................ Pharmaceuticals Production................................ X ......... ......... ..........
HHH............................................ Natural Gas Transmission and Storage Facilities........... X ......... ......... ..........
III............................................ Flexible Polyurethane Foam Production..................... X ......... ......... ..........
JJJ............................................ Group IV Polymers and Resins.............................. X X ......... X
LLL............................................ Portland Cement Manufacturing Industry.................... X ......... ......... ..........
[[Page 120]]
MMM............................................ Pesticide Active Ingredient Production.................... X ......... ......... ..........
NNN............................................ Wool Fiberglass Manufacturing............................. X ......... ......... ..........
PPP............................................ Polyether Polyols Production.............................. X ......... ......... ..........
TTT............................................ Primary Lead Smelting..................................... X ......... ......... ..........
XXX............................................ Ferroalloys Production.................................... X ......... ......... ..........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Arizona Department of Environmental Quality.
\2\ Maricopa County Environmental Services Department.
\3\ Pima County Department of Environmental Quality.
\4\ Pinal County Air Quality Control District.
[[Page 121]]
(4) [Reserved]
(5) California. (i) [Reserved]
(ii) Affected sources must comply with the California Regulatory
Requirements Applicable to the Air Toxics Program, January 5, 1999
(incorporated by reference as specified in Sec. 63.14) as described as
follows:
(A) The material incorporated in Chapter 1 of the California
Regulatory Requirements Applicable to the Air Toxics Program (California
Code of Regulations Title 17, section 93109) pertains to the
perchloroethylene dry cleaning source category in the State of
California, 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 California Code of Regulations Title 17, section
93109, in lieu of 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.
(B) The material incorporated in Chapter 2 of the California
Regulatory Requirements Applicable to the Air Toxics Program (San Luis
Obispo County Air Pollution Control District Rule 432) pertains to the
perchloroethylene dry cleaning source category in the San Luis Obispo
County Air Pollution Control District, 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) San Luis Obispo County Air Pollution Control District is not
delegated the Administrator's authority to implement and enforce Rule
432 in lieu of 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) San Luis Obispo County Air Pollution Control District 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 B.17, G.3.a.5, G.3.b.2.iii, and I of Rule 432, must also
receive approval from the Administrator before using such alternative
means of emission limitation for the purpose of complying with section
112.
(C) The material incorporated in Chapter 3 of the California
Regulatory Requirements Applicable to the Air Toxics Program (South
Coast Air Quality Management District Rule 1421) pertains to the
perchloroethylene dry cleaning source category in the South Coast Air
Quality Management District, 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) South Coast Air Quality Management District is not delegated the
Administrator's authority to implement and enforce Rule 1421 in lieu of
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) South Coast Air Quality Management District 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 (c)(17),
(d)(3)(A)(v), (d)(4)(B)(ii)(III), and (j) of Rule 1421, must also
receive approval from the Administrator before
[[Page 122]]
using such alternative means of emission limitation for the purpose of
complying with section 112.
(D) The material incorporated in Chapter 4 of the California
Regulatory Requirements Applicable to the Air Toxics Program (Yolo-
Solano Air Quality Management District Rule 9.7) pertains to the
perchloroethylene dry cleaning source category in the Yolo-Solano Air
Quality Management District, 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) Yolo-Solano Air Quality Management District is not delegated the
Administrator's authority to implement and enforce Rule 9.7 in lieu of
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) Yolo-Solano Air Quality Management District 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 216,
301.3.a(v), 301.3.b(ii)(c), and 502 of Rule 9.7, must also receive
approval from the Administrator before using such alternative means of
emission limitation for the purpose of complying with section 112.
(E) The material incorporated in Chapter 5 of the California
Regulatory Requirements Applicable to the Air Toxics Program (California
Code of Regulations, Title 17, section 93102) pertains to the chromium
electroplating and anodizing source category in the State of California,
and has been approved under the procedures in Sec. 63.93 to be
implemented and enforced in place of subpart N--National Emission
Standards for Chromium Emissions from Hard and Decorative Chromium
Electroplating and Chromium Anodizing Tanks.
(1) Title V requirements. Subpart N affected sources remain subject
to both the Title V permitting requirements of Sec. 63.340(e)(2) and,
for major sources, the semi-annual submission of the ongoing compliance
status reports as required by Sec. 63.347(g).
(2) Limits on maximum cumulative potential rectifier usage. Section
93102(h)(7)(B) of the California Airborne Toxic Control Measure allows
facilities with a maximum cumulative potential rectifier capacity of
greater than 60 million ampere-hours per year to be considered small or
medium by accepting a limit on the maximum cumulative potential
rectifier usage. All such usage limits in non-Title V operating permits
are federally-enforceable for the purpose of this rule substitution.
(3) Permitting Agencies' breakdown/malfunction rules. Section
93102(i)(4) of the California Airborne Toxic Control Measure provides
that the owner or operator shall report breakdowns as required by the
permitting agency's breakdown rule. Under this rule substitution, the
permitting agencies' breakdown rules do not override or supplant the
requirements of section 93102(g)(4), (h)(5), (h)(6), (i)(3)(B), or
Appendix 3; neither expand the scope nor extend the time-frame of a
breakdown beyond the definition of section 93102(b)(7); and do not grant
the permitting agencies the authority to determine whether a breakdown
has occurred, to grant emergency variances, or to decide to take no
enforcement action. Owners or operators must submit written breakdown
reports even if the permitting agency has not formally requested such
reports.
(4) Performance Test Requirements. Section 93102(d)(3)(A) of the
California Airborne Toxic Control Measure allows the use of California
Air Resources Board Method 425, dated July 28, 1997, and South Coast Air
Quality Management District Method 205.1, dated August 1991, for
determining chromium emissions. Any alternatives, modifications, or
variations to these test methods must be approved under the procedures
in section 93102(k) of the California Airborne Toxic Control Measure.
(6)-(7) [Reserved]
(8) Delaware. (i) Affected sources must comply with the Delaware
Department of Natural Resources and Environmental Control, Division of
Air and Waste Management, Accidental
[[Page 123]]
Release Prevention Regulation, sections 1-5 and sections 7-14, January
11, 1999 (incorporated by reference as specified in Sec. 63.14). The
material incorporated in the Delaware Department of Natural Resources
and Environmental Control, Division of Air and Waste Management,
Accidental Release Prevention Regulation, sections 1-5 and sections 7-14
pertains to owners and operators of stationary sources in the State of
Delaware that have more than a threshold quantity of a regulated
substance in a process, as described in section 5.10 of Delaware's
regulation, and has been approved under the procedures in Secs. 63.93
and 63.95 to be implemented and enforced in place of 40 CFR part 68-
Chemical Accident Prevention Provisions.
(ii) Affected sources must comply with the State of Delaware
Regulations Governing the Control of Air Pollution, Regulation No. 38,
subpart A, effective September 11, 1999 (incorporated by reference as
specified in Sec. 63.14). The material incorporated in the State of
Delaware Regulations Governing the Control of Air Pollution, Regulation
No. 38, subpart A pertains to owners and operators of stationary sources
in the State of Delaware that are subject to emission standard
requirements of the State of Delaware Regulations Governing the Control
of Air Pollution, Regulation No. 38, subparts M, N and Q and 40 CFR part
63 and has been approved under the procedures in Sec. 63.91 and
Sec. 63.92 to be implemented and enforced in place of 40 CFR part 63,
subpart A. Delaware is delegated the authority to implement and enforce
its regulation in place of 40 CFR part 63, subpart A, in accordance with
the final rule, published in the Federal Register on October 2, 2001,
effective December 3, 2001.
(iii) Affected sources must comply with the State of Delaware
Regulations Governing the Control of Air Pollution, Regulation No. 38,
subpart M, effective October 11, 2000 (incorporated by reference as
specified in Sec. 63.14). The material incorporated in the State of
Delaware Regulations Governing the Control of Air Pollution, Regulation
No. 38, subpart M pertains to owners and operators of perchloroethylene
drycleaning facilities and has been approved under the procedures in
Sec. 63.91 and Sec. 63.92 to be implemented and enforced in place of 40
CFR part 63, subpart M. Delaware is delegated the authority to implement
and enforce its regulation in place of 40 CFR part 63, subpart M, in
accordance with the final rule, published in the Federal Register on
October 2, 2001, effective December 3, 2001.
(iv) Affected sources must comply with the State of Delaware
Regulations Governing the Control of Air Pollution, Regulation No. 38,
subpart N, effective October 11, 2000 (incorporated by reference as
specified in Sec. 63.14). The material incorporated in the State of
Delaware Regulations Governing the Control of Air Pollution, Regulation
No. 38, subpart N pertains to owners and operators of hard and
decorative chromium electroplating and chromium anodizing tanks and has
been approved under the procedures in Sec. 63.91 and Sec. 63.92 to be
implemented and enforced in place of 40 CFR part 63, subpart N. Delaware
is delegated the authority to implement and enforce its regulation in
place of 40 CFR part 63, subpart N, in accordance with the final rule,
published in the Federal Register on October 2, 2001, effective December
3, 2001.
(v) Affected sources must comply with the State of Delaware
Regulations Governing the Control of Air Pollution, Regulation No. 38,
subpart Q, effective May 11, 1998 (incorporated by reference as
specified in Sec. 63.14). The material incorporated in the State of
Delaware Regulations Governing the Control of Air Pollution, Regulation
No. 38, subpart Q pertains to owners and operators of industrial process
cooling towers and has been approved under the procedures in Sec. 63.91
and Sec. 63.92 to be implemented and enforced in place of 40 CFR part
63, subpart Q. Delaware is delegated the authority to implement and
enforce its regulation in place of 40 CFR part 63, subpart Q, in
accordance with the final rule, published in the Federal Register on
October 2, 2001, effective December 3, 2001.
(9) District of Columbia. (i) The District of Columbia is delegated
the authority to implement and enforce the regulations in 40 CFR part
63, subparts A, M, N, T, VVV and Appendix A and all future unchanged 40
CFR part 63
[[Page 124]]
standards and amendments, if delegation of future standards and
amendments is sought by the District of Columbia Department of Health
and approved by EPA Region III, at affected sources, as defined by 40
CFR part 63, in accordance with the final rule, dated December 26, 2001,
effective February 25, 2002, and any mutually acceptable amendments to
the terms described in the direct final rule.
(10)-(11) [Reserved]
(12) Idaho. (i) The following table lists the specific part 63
subparts that have been delegated unchanged to the Idaho Department of
Environmental Quality. The (X) symbol indicates that all or part of the
subpart is delegated, subject to the conditions and limits in EPA's
action:
Delegation Status of Part 63 NESHAPS--State of Idaho \1\
------------------------------------------------------------------------
Subpart IDEQ
------------------------------------------------------------------------
A. General Provisions........................................... X
D. Early Reductions............................................. X
F. HON-SOCMI.................................................... X
G. HON-Process Vents............................................ X
H. HON-Equipment Leaks.......................................... X
I. HON-Negotiated Leaks......................................... X
L. Coke Oven Batteries.......................................... X
M. Perchloroethylene Dry Cleaning............................... X
N. Chromium Electroplating...................................... X
O. Ethylene Oxide Sterilizers................................... X
Q. Industrial Process Cooling Towers............................ X
R. Gasoline Distribution........................................ X
S. Pulp and Paper............................................... X
T. Halogenated Solvent Cleaning................................. X
U. Polymers and Resins I........................................ X
W. Polymers and Resins II--Epoxy................................ X
X. Secondary Lead Smelting...................................... X
Y. Marine Tank Vessel Loading................................... X
AA. Phosphoric Acid Manufacturing Plants........................ X
BB. Phosphate Fertilizers Production Plants..................... X
CC. Petroleum Refineries........................................ X
DD. Off-Site Waste and Recovery................................. X
EE. Magnetic Tape Manufacturing................................. X
GG. Aerospace Manufacturing & Rework............................ X
HH. Oil and Natural Gas Production Facilities................... X
II. Shipbuilding and Ship Repair................................ X
JJ. Wood Furniture Manufacturing Operations..................... X
KK. Printing and Publishing Industry............................ X
LL. Primary Aluminum............................................ X
OO. Tanks--Level 1.............................................. X
PP. Containers.................................................. X
QQ. Surface Impoundments........................................ X
RR. Individual Drain Systems.................................... X
SS. Closed Vent Systems, Control Devices, Recovery Devices and ......
Routing to a Fuel Gas System or Process........................
TT. Equipment Leaks--Control Level 1............................ X
UU. Equipment Leaks--Control Level 2............................ X
VV. Oil-Water Separators and Organic-Water Separators........... X
WW. Storage Vessels (Tanks)--Control Level 2.................... X
YY. Source Categories: Generic MACT............................. X
CCC. Steel Pickling--HCl Process Facilities and Hydrochloric X
Acid Regeneration Plants.......................................
DDD. Mineral Wool Production.................................... X
EEE. Hazardous Waste Combustors................................. X
GGG. Pharmaceuticals Production................................. X
HHH. Natural Gas Transmission and Storage Facilities............ X
III. Flexible Polyurethane Foam Production...................... X
JJJ. Polymers and Resins IV..................................... X
LLL. Portland Cement Manufacturing.............................. X
MMM. Pesticide Active Ingredient Production..................... X
NNN. Wool Fiberglass Manufacturing.............................. X
OOO. Manufacture of Amino Phenolic Resins....................... X
PPP. Polyether Polyols Production............................... X
RRR. Secondary Aluminum Production.............................. X
TTT. Primary Lead Smelting...................................... X
VVV. Publicly Owned Treatment Works............................. X
XXX. Ferroalloys Production: Ferromanganese & Silicomanganese... X
------------------------------------------------------------------------
\1\ Delegation is for major sources only and subject to all federal law,
regulations, policy and guidance.
(ii) [Reserved]
(13)-(18) [Reserved]
(19) Maine.
(i) [Reserved]
(ii) Maine Department of Environmental Protection (ME DEP) may
implement and enforce alternative requirements in the form of title V
permit terms and conditions for Lincoln Pulp and Paper, located in
Lincoln, Maine, for subpart S--National Emission Standards for Hazardous
Air Pollutants from the Pulp and Paper Industry. This action is
contingent upon ME DEP including, in title V permits, terms and
conditions that are no less stringent than the federal standard and have
been approved by EPA. In addition, the requirement applicable to the
source remains the federal section 112 requirement until EPA has
approved the alternative permit terms and conditions and the final title
V permit is issued.
(20) Maryland.
(i) Maryland is delegated the authority to implement and enforce all
existing and future unchanged 40 CFR part 63 standards at major sources,
as defined in 40 CFR part 70, in accordance with the delegation
agreement between EPA Region III and the Maryland Department of the
Environment, dated November 3, 1999, and any mutually acceptable
amendments to that agreement.
[[Page 125]]
(ii) Maryland is delegated the authority to implement and enforce
all existing 40 CFR part 63 standards and all future unchanged 40 CFR
part 63 standards, if delegation is sought by the Maryland Department of
the Environment and approved by EPA Region III, at affected sources
which are not located at major sources, as defined in 40 CFR part 70, in
accordance with the final rule, dated January 30, 2002, effective April
1, 2002, and any mutually acceptable amendments to the terms described
in the direct final rule.
(21) Massachusetts.
(i) [Reserved]
(ii) Affected area sources within Massachusetts must comply with the
Massachusetts Regulations Applicable to Hazardous Air Pollutants
(incorporated by reference as specified in Sec. 63.14) as described in
paragraph (a)(21)(ii)(A) of this section:
(A) The material incorporated in the Massachusetts Department of
Environmental Protection 310 CMR 72.6 and 310 CMR 70.01 pertaining to
dry cleaning facilities in the Commonwealth of Massachusetts
jurisdiction, and has been approved under the procedures in Sec. 63.93
to be implemented and enforced in place of the Federal NESHAPs for
Perchloroethylene Dry Cleaning Facilities (subpart M of this part) for
area sources only, as defined in Sec. 63.320(h).
(B) [Reserved]
(22)-(27) [Reserved]
(28) Nevada. (i) The following table lists the specific part 63
standards that have been delegated unchanged to the air pollution
control agencies in the State of Nevada. The (X) symbol is used to
indicate each category that has been delegated.
Delegation Status for Part 63 Standards--Nevada
------------------------------------------------------------------------
Subpart Description NDEP \1\ WCDHD \2\ CCHD \3\
------------------------------------------------------------------------
A.............. General Provisions.... X X
M.............. Perchloroethylene Dry X X
Cleaning.
N.............. Hard and Decorative X X
Chromium
Electroplating and
Chromium Anodizing
Tanks.
O.............. Ethylene Oxide ......... X
Sterilization
Facilities.
Q.............. Industrial Process X
Cooling Towers.
R.............. Gasoline Distribution ......... X
Facilities.
T.............. Halogenated Solvent X X
Cleaning.
JJ............. Wood Furniture X
Manufacturing
Operations.
KK............. Printing and X X
Publishing Industry.
OO............. Tanks--Level 1........ X
PP............. Containers............ X
QQ............. Surface Impoundments.. X
RR............. Individual Drain X
Systems.
VV............. Oil-Water Separators X
and Organic-Water
Separators.
------------------------------------------------------------------------
\1\ Nevada Department of Environmental Protection.
\2\ Washoe County District Health Department.
\3\ Clark County Health Department.
(ii) [Reserved]
(29) New Hampshire. (i) New Hampshire is delegated the authority to
implement and enforce all existing and future unchanged 40 CFR part 63
standards in accordance with the delegation procedures in Attachment II
of the delegation request letter dated May 9, 2002 submitted by NH DES
to EPA and any mutually acceptable amendments to those delegation
procedures.
(ii) New Hampshire Department of Environmental Services (NH DES) may
implement and enforce alternative requirements in the form of title V
permit terms and conditions for Groveton Paper Board Inc. of Groveton,
NH and Pulp & Paper of America, LLC of Berlin, NH for subpart S--
National Emission Standards for Hazardous Air Pollutants from the Pulp
and Paper Industry and subpart MM--National Emissions Standards for
Hazardous Air Pollutants for Chemical Recovery Combustion Sources at
Kraft, Soda, Sulfite and Stand-Alone Semi-chemical Pulp Mills. This
action is contingent upon NH DES including, in title V permits, terms
and conditions that are no less stringent than the Federal standard and
have been approved by EPA. In addition, the requirement applicable to
[[Page 126]]
the source remains the Federal section 112 requirement until EPA has
approved the alternative permit terms and conditions and the final title
V permit is issued.
(30) New Jersey. (i) Affected sources must comply with the Toxic
Catastrophe Prevention Act Program (TCPA), (July 20, 1998),
(incorporated by reference as specified in Sec. 63.14) as described in
paragraph (a)(30)(i)(A) of this section:
(A) Except for authorities identified as not being delegated, the
regulations incorporated in New Jersey's ``Toxic Catastrophe Prevention
Act Program,'' Title 7, Chapter 31, of the New Jersey Administrative
Code: Subchapter 1, ``General Provisions'' (sections 1.1 to 1.10 except
for the definition of ``What if Checklist''), Subchapter 2, ``Hazard
Assessment,'' Subchapter 3, ``Minimum Requirements for a Program 2 TCPA
Risk Management Program,'' Subchapter 4, ``Minimum Requirements for a
Program 3 TCPA Risk Management Program,'' Subchapter 5, ``Emergency
Response,'' Subchapter 6, ``Extraordinarily Hazardous Substances,''
Subchapter 7, ``Risk Management Plan and TCPA Submission,'' and
Subchapter 8, ``Other Federal Requirements,'' (effective July 20, 1998),
pertain to the sources affected by 40 CFR part 68 and have been approved
under the procedures in Secs. 63.91, 63.93 and 63.95 to be implemented
and enforced in place of 40 CFR part 68, Subparts A through H, as may be
amended.
(1) Authorities not delegated:
(i) The New Jersey Department of Environmental Protection is not
delegated the Administrator's authority to implement and enforce New
Jersey's Toxic Catastrophe Prevention Act Program, Title 7, Chapter 31,
of the New Jersey Administrative Code, in lieu of the provisions of 40
CFR part 68 as they apply to the regulation of processes that are
covered only because they contain regulated quantities of liquid
petroleum gases (LPG) regulated under the New Jersey Liquified Petroleum
Gas Act of 1950 (N.J.S.A. 21:1B),
(ii) Pursuant to Sec. 63.90(c) the New Jersey Department of
Environmental Protection is not delegated the Administrator's authority
to add or delete substances from the list of substances established
under section 112(r) and set forth in 40 CFR 68.130.
(31)-(35) [Reserved]
(36) Oklahoma. (i) The following table lists the specific part 63
standards that have been delegated unchanged to the State of Oklahoma
for all sources. The (X) symbol is used to indicate each subpart that
has been delegated.
Delegation Status for Part 63 Standards--Oklahoma
------------------------------------------------------------------------
Subpart ODEQ \1\
------------------------------------------------------------------------
A............................... General Provisions \2\.. X
D............................... Early Reductions........
F............................... HON--SOCMI.............. X
G............................... HON--SOCMI Process X
Vents, Storage Vessels,
Transfer Operations and
Wastewater.
H............................... HON--Equipment Leaks.... X
I............................... HON--Certain Processes X
Negotiated Equipment
Leak Regulation.
L............................... Coke Oven Batteries..... X
M............................... Perchloroethylene Dry X
Cleaning.
N............................... Chromium Electroplating. X
O............................... Ethylene Oxide X
Sterilizers.
Q............................... Industrial Process X
Cooling Towers.
R............................... Gasoline Distribution... X
S............................... Pulp and Paper Industry. X
T............................... Halogenated Solvent X
Cleaning.
U............................... Polymers and Resins I... X
W............................... Polymers and Resins II- X
Epoxy.
X............................... Secondary Lead Smelting. X
Y............................... Marine Tank Vessel X
Loading.
CC.............................. Petroleum Refineries.... X
DD.............................. Off-Site Waste and X
Recovery.
EE.............................. Magnetic Tape X
Manufacturing.
GG.............................. Aerospace Manufacturing X
and Rework.
HH.............................. Oil and Natural Gas X
Production.
II.............................. Shipbuilding and Ship X
Repair.
JJ.............................. Wood Furniture X
Manufacturing
Operations.
KK.............................. Printing and Publishing X
Industry.
[[Page 127]]
LL.............................. Primary Aluminum X
Reduction Plants.
OO.............................. Tanks--Level 1.......... X
PP.............................. Containers.............. X
QQ.............................. Surface Impoundments.... X
RR.............................. Individual Drain Systems X
SS.............................. Closed Vent Systems, X
Control Devices,
Recovery Devices and
Routing to a Fuel Gas
System or a Process.
TT.............................. Equipment Leaks--Level 1 X
UU.............................. Equipment Leaks--Level 2 X
Standards.
VV.............................. Oil-Water Separators and X
Organic-Water
Separators.
WW.............................. Storage Vessels (Tanks)-- X
Control Level 2.
YY.............................. Generic Maximum X
Achievable Control
Technology Standards.
CCC............................. Steel Pickling--HCl X
Process Facilities and
Hydrochloric Acid
Regeneration.
DDD............................. Mineral Wool Production. X
EEE............................. Hazardous Waste X
Combustors.
GGG............................. Pharmaceuticals X
Production.
HHH............................. Natural Gas Transmission X
and Storage.
III............................. Flexible Polyurethane X
Foam Production.
JJJ............................. Polymers and Resins, X
Group IV.
LLL............................. Portland Cement X
Manufacturing.
MMM............................. Pesticide Active X
Ingredient Production.
NNN............................. Wool Fiberglass X
Manufacturing.
PPP............................. Polyether Polyols X
Production.
TTT............................. Primary Lead Smelting... X
XXX............................. Ferroalloys Production.. X
------------------------------------------------------------------------
\1\ Oklahoma Department of Environmental Quality.
\2\ Authorities which may not be delegated include: 63.6(g); 63.6(h)(9);
63.7(e)(2)(ii) and (f) for approval of major alternatives to test
methods; 63.8(f) for approval of major alternatives to monitoring; and
all authorities identified in the subparts (i.e., under ``Delegation
of Authority'') that cannot be delegated.
(37) Oregon. (i) The following table lists the delegation status of
specific part 63 subparts that have been delegated to state and local
air pollution control agencies in Oregon. An ``X'' indicates the subpart
has been delegated, subject to all the conditions and limitations set
forth in federal law, regulations, policy, guidance, and determinations.
Some authorities cannot be delegated and are retained by EPA. These
include certain General Provisions authorities and specific parts of
some standards. The dates noted at the end of this table indicate the
effective dates of federal rules that have been delegated. Any
amendments made to these rules after this effective date are not
delegated.
Delegation Status of Part 63 NESHAPS--State of Oregon 1
------------------------------------------------------------------------
Subpart 2 ODEQ 3 LRAPA 4
------------------------------------------------------------------------
A General Provisions 5..................... X X
D Early Reductions......................... ............ ............
F HON-SOCMI................................ X X
G HON-Process Vents........................ X X
H HON-Equipment Leaks...................... X X
I HON-Negotiated Leaks..................... X X
L Coke Oven Batteries...................... X X
M Perchloroethylene Dry Cleaning........... X X
N Chromium Electroplating.................. X X
O Ethylene Oxide Sterilizers............... X X
Q Industrial Process Cooling Towers........ X X
R Gasoline Distribution.................... X X
S Pulp and Paper........................... X X
T Halogenated Solvent Cleaning............. X X
U Polymers and Resins I.................... X X
W Polymers and Resins II-Epoxy............. X X
X Secondary Lead Smelting.................. X X
Y Marine Tank Vessel Loading............... X X
AA Phosphoric Acid Manufacturing Plants.... X X
BB Phosphate Fertilizers Production Plants. X X
CC Petroleum Refineries.................... X X
DD Off-Site Waste and Recovery............. X X
[[Page 128]]
EE Magnetic Tape Manufacturing............. X X
GG Aerospace Manufacturing & Rework........ X X
HH Oil and Natural Gas Production X X
Facilities.................................
II Shipbuilding and Ship Repair............ X X
JJ Wood Furniture Manufacturing Operations. X X
KK Printing and Publishing Industry........ X X
LL Primary Aluminum........................ X X
MM Chemical Recovery Combustion Sources at X X
Kraft, Soda, Sulfite, and Stand-Alone
Semichemical Pulp Mills....................
OO Tanks--Level 1.......................... X X
PP Containers.............................. X X
QQ Surface Impoundments.................... X X
RR Individual Drain Systems................ X X
SS Closed Vent Systems, Control Devices, X X
Recovery Devices and Routing to a Fuel Gas
System or Process..........................
TT Equipment Leaks--Control Level 1........ X X
UU Equipment Leaks--Control Level 2........ X X
VV Oil-Water Separators and Organic-Water X X
Separators.................................
WW Storage Vessels (Tanks)--Control Level 2 X X
YY Source Categories: Generic MACT......... X X
CCC Steel Pickling--HCl Process Facilities X X
and Hydrochloric Acid Regeneration Plants..
DDD Mineral Wool Production................ X X
EEE Hazardous Waste Combustors............. X X
GGG Pharmaceuticals Production............. X X
HHH Natural Gas Transmission and Storage X X
Facilities.................................
III Flexible Polyurethane Foam Production.. X X
JJJ Polymers and Resins IV................. X X
LLL Portland Cement Manufacturing.......... X X
MMM Pesticide Active Ingredient Production. X X
NNN Wool Fiberglass Manufacturing.......... X X
OOO Manufacture of Amino Phenolic Resins... X X
PPP Polyether Polyols Production........... X X
RRR Secondary Aluminum Production.......... X X
TTT Primary Lead Smelting.................. X X
VVV Publicly Owned Treatment Works......... X X
XXX Ferroalloys Production: Ferromanganese X X
& Silico manganese.........................
CCCC Manufacture of Nutritional Yeast...... X X
GGGG Extraction of Vegetable Oil........... X X
------------------------------------------------------------------------
1 Table last updated on August 9, 2002; see 40 CFR 61.04(b)(WW) for
agency addresses.
2 Any authority within any subpart of this part (i.e. under ``Delegation
of Authority'') that is identified as not delegatable, is not
delegated.
3 Oregon Department of Environmental Quality (07/01/2001).
4 Lane Region Air Pollution Authority (07/01/2001).
5 General Provisions Authorities which may not be delegated include:
Secs. 63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval of
major alternatives to test methods; Sec. 63.9(f) for approval of
major alternatives to monitoring. For definitions of minor,
intermediate, and major alternatives to test methods and monitoring,
see 40 CFR 63.90.
(38) Pennsylvania. (i) Pennsylvania is delegated the authority to
implement and enforce all existing and future unchanged 40 CFR part 63
standards at major sources, as defined in 40 CFR part 70, in accordance
with the delegation agreement between EPA Region III and the
Pennsylvania Department of Environmental Protection, dated January 5,
1998, and any mutually acceptable amendments to that agreement.
(ii) Pennsylvania is delegated the authority to implement and
enforce all existing 40 CFR part 63 standards and all future unchanged
40 CFR part 63 standards, if delegation is requested by the Pennsylvania
Department of Environmental Protection and approved by EPA Region III,
at sources not subject to the permitting requirements of 40 CFR part 70,
in accordance with the final rule, dated September 13, 2001, effective
November 13, 2001, and any mutually acceptable amendments to the terms
described in the direct final rule.
(iii) Philadelphia is delegated the authority to implement and
enforce all existing 40 CFR part 63 standards and all future unchanged
40 CFR part 63 standards, if delegation is requested by the City of
Philadelphia Department of Public Health Air Management Services and
approved by EPA Region III, at sources within the City of Philadelphia,
in accordance with the final rule,
[[Page 129]]
dated January 29, 2002, effective April 1, 2002, and any mutually
acceptable amendments to the terms described in the direct final rule.
(iv) Allegheny County is delegated the authority to implement and
enforce all existing 40 CFR part 63 standards and all future unchanged
40 CFR part 63 standards at sources within Allegheny County, in
accordance with the final rule, dated January 30, 2002, effective April
1, 2002, and any mutually acceptable amendments to the terms described
in the direct final rule.
(v) Allegheny County is delegated the authority to implement and
enforce the provisions of 40 CFR part 68 and all future unchanged
amendments to 40 CFR part 68 at sources within Allegheny County, in
accordance with the final rule, dated January 30, 2002, effective April
1, 2002, and any mutually acceptable amendments to the terms described
in the direct final rule.
(39)-(45) [Reserved]
(46) Virginia. (i) Virginia is delegated the authority to implement
and enforce all existing and future unchanged 40 CFR part 63 standards
at major sources, as defined in 40 CFR part 70, in accordance with the
delegation agreement between EPA Region III and the Virginia Department
of Environmental Quality, dated April 20, 1998, and any mutually
acceptable amendments to that agreement.
(ii) Virginia is delegated the authority to implement and enforce
all existing 40 CFR part 63 standards and all future unchanged 40 CFR
part 63 standards, if delegation is sought by the Virginia Department of
Environmental Quality and approved by EPA Region III, at affected
sources which are not located at major sources, as defined in 40 CFR
part 70, in accordance with the final rule, dated January 8, 2002,
effective March 11, 2002, and any mutually acceptable amendments to the
terms described in the direct final rule.
(47) Washington. (i) The following table lists the delegation status
of specific part 63 Subparts that have been delegated to state and local
air pollution control agencies in Washington. An ``X'' indicates the
subpart has been delegated, subject to all the conditions and
limitations set forth in Federal law, regulations, policy, guidance, and
determinations. Some authorities cannot be delegated and are retained by
EPA. These include certain General Provisions authorities and specific
parts of some standards. The dates noted at the end of this table
indicate the effective dates of Federal rules that have been delegated.
Any amendments made to these rules after this effective date are not
delegated.
Delegation Status for Part 63 Standards--State of Washington \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
40 CFR Part 63, Subparts \2\ Ecology \3\ BCAA \4\ NWAPA \5\ OAPCA \6\ PSCAA \7\ SCAPCA \8\ SWCAA \9\ YRCAA \10\
--------------------------------------------------------------------------------------------------------------------------------------------------------
A General Provisions \11\...... X X X X X X X X
D Early Reductions............. X X X X X X X X
F HON-SOCMI.................... X X X X X X X X
G HON-Process Vents............ X X X X X X X X
H HON-Equipment Leaks.......... X X X X X X X X
I HON-Negotiated Leaks......... X X X X X X X X
L Coke Oven Batteries.......... X X X X X X X X
M Perchloroethylene Dry X\3\ X\4\ X X \7\ X \8\ X X \10\
Cleaning.
N Chromium Electroplating...... X X X X X X X X
O Ethylene Oxide Sterilizers... X X X X X X X X
Q Industrial Process Cooling X X X X X X X X
Towers.
R Gasoline Distribution........ X X X X X X X X
S Pulp and Paper \12\.......... X \5\ X\6\ X\7\ X\8\ X\9\ X\10\
T Halogenated Solvent Cleaning. X X X X X X X X
[[Page 130]]
U Polymers and Resins I........ X X X X X X X X
W Polymers and Resins II-Epoxy. X X X X X X X X
X Secondary Lead Smelting...... X X X X X X X X
Y Marine Tank Vessel Loading... X X X X X X
AA Phosphoric Acid X X X X X X X
Manufacturing Plants.
BB Phosphate Fertilizers X X X X X X X
Production Plants.
CC Petroleum Refineries........ X X X X X X X X
DD Off-Site Waste and Recovery. X X X X X X X X
EE Magnetic Tape Manufacturing. X X X X X X X X
GG Aerospace Manufacturing & X X X X X X X X
Rework.
HH Oil and Natural Gas X X X X X X X
Production Facilities.
II Shipbuilding and Ship Repair X X X X X X X X
JJ Wood Furniture Manufacturing X X X X X X X X
Operations.
KK Printing and Publishing X X X X X X X X
Industry.
LL Primary Aluminum \13\....... X
MM Chemical Recovery Combustion X
Sources at Kraft, Soda,
Sulfite, and Stand-Alone
Semichemical Pulp Mills \14\.
OO Tanks--Level 1.............. X X X X X X X
PP Containers.................. X X X X X X X
QQ Surface Impoundments........ X X X X X X X
RR Individual Drain Systems.... X X X X X X X
SS Closed Vent Systems, Control X X X X X X X
Devices, Recovery Devices and
Routing to a Fuel Gas System or
Process.
TT Equipment Leaks--Control X X X X X X X
Level 1.
UU Equipment Leaks--Control X X X X X X X
Level 2.
VV Oil-Water Separators and X X X X X X X
Organic-Water Separators.
WW Storage Vessels (Tanks)-- X X X X X
Control Level 2.
YY Source Categories: Generic X X X X X
MACT.
[[Page 131]]
CCC Steel Pickling--HCl Process X X X X X
Facilities and Hydrochloric
Acid Regeneration Plants.
DDD Mineral Wool Production.... X X X X X
EEE Hazardous Waste Combustors. X X X X X
GGG Pharmaceuticals Production. X X X X X
HHH Natural Gas Transmission X X X ............. X X
and Storage Facilities.
III Flexible Polyurethane Foam X X X X X X
Production.
JJJ Polymers and Resins IV..... X X X X X X
LLL Portland Cement X X X X X
Manufacturing.
MMM Pesticide Active Ingredient X X X X X
Production.
NNN Wool Fiberglass X X X X X
Manufacturing.
OOO Manufacture of Amino X X X X X
Phenolic Resins.
PPP Polyether Polyols X X X X X
Production.
RRR Secondary Aluminum X X X X
Production.
TTT Primary Lead Smelting...... X X X X X
VVV Publicly Owned Treatment X X X X X
Works.
XXX Ferroalloys Production: X X X X X
Ferromanganese &
Silicomanganese.
CCCC Manufacture of Nutritional X
Yeast.
GGGG Extraction of Vegetable X
Oil.
VVVV Boat Manufacturing .......
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Table last updated on April 15, 2002. See 40 CFR 61.04(b)(WW) for agency addresses.
\2\ Any authority within any subpart of this part that is identified as not delegatable, is not delegated.
\3\ Washington State Department of Ecology (03/13/2001 for MM, 02/20/2001 for all others). Note: delegation of subpart M applies only to those sources
required to obtain an operating permit under Title V of the Clean Air Act.
\4\ Benton Clean Air Agency (02/20/2001). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under
Title V of the Clean Air Act.
\5\ Northwest Air Pollution Control Agency (07/01/2000). Note: delegation of subpart S applies to all applicable facilities and processes except Kraft
and Sulfite Pulping Mills (see footnote 12).
\6\ Olympic Air Pollution Control Agency (07/01/2000). Note: delegation of subpart M applies only to those sources required to obtain an operating
permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping
Mills (see footnote 12).
\7\ Puget Sound Clean Air Agency (07/01/2001). Note: delegation of subpart S applies to all applicable facilities and processes exept Kraft and Sulfite
Pulping Mills (see footnote 12). For information about delegation of subpart M, see paragraph (a)(47)(ii) of this section.
\8\ Spokane County Air Pollution Control Agency (02/20/2001). Note: delegation of subpart M applies only to those sources required to obtain an
operating permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and
Sulfite Pulping Mills (see footnote 12).
\9\ Southwest Clean Air Agency (08/01/1998). Note: delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite
Pulping Mills (see footnote 12).
\10\ Yakima Regional Clean Air Authority (07/01/2000). Note: delegation of subpart M applies only to those sources required to obtain an operating
permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping
Mills (see footnote 12).
\11\ General Provisions Authorities which are not delegated include approval of major alternatives to test methods, approval of major alternatives to
monitoring, and any sections in the subparts pertaining to approval of alternative standards (i.e., alternative means of emission limitations). For
definitions of minor, intermediate, and major alternatives to test methods and monitoring, see Sec. 63.90.
[[Page 132]]
\12\ Subpart S of this part as it pertains to Kraft and Sulfite Pulping Mills cannot be delegated to any local agencies in Washington. The Washington
State Department of Ecology retains sole authority to regulate Kraft and Sulfite Pulping Mills, pursuant to Washington State Administrative Code 173-
405-012 and 173-410-012.
\13\ Subpart LL of this part cannot be delegated to any local agencies in Washington because the Washington State Department of Ecology retains sole
authority to regulate Primary Aluminum Plants, pursuant to Washington Administrative Code 173-415-010.
\14\ Subpart MM of this part cannot be delegated to any local agencies in Washington because the Washington State Department of Ecology retains sole
authority to regulate Kraft and Sulfite Pulping Mills, pursuant to Washington State Administrative Code 173-405-012 and 173-410-012.
(ii) Affected area sources within Puget Sound Clean Air's
jurisdiction must comply with Puget Sound Clean Air's Regulation III,
sections 3.03, Perchloroethylene Dry Cleaners, (incorporated by
reference as specified in 40 CFR 63.14) as follows:
(A) The material incorporated in Puget Sound Clean Air's Regulation
III, section 3.03, Perchloroethylene Dry Cleaners, pertains to the
perchloroethylene dry cleaning source category in the Puget Sound Clean
Air jurisdiction, and has been approved under the procedures in 40 CFR
63.93 to be implemented and enforced in place of the federal NESHAPs for
Perchloroethylene Dry Cleaning Facilities (40 CFR part 63, subpart M),
for area sources, as defined in 40 CFR 63.320(h).
(1) Authorities not delegated.
(i) Puget Sound Clean Air is not delegated the authority to
implement and enforce Puget Sound Clean Air Regulation III, sections
3.03 in lieu of those provisions of Subpart M which applies to major
sources, as defined in 40 CFR 63.320(g). Dry cleaning facilities which
are major sources remain subject to subpart M.
(ii) Puget Sound Clean Air is not delegated the authority of 40 CFR
63.325 to determine equivalency of emissions control technologies. Any
source seeking permission to use an alternative means of emission
limitation under Puget Sound Clean Air Regulation I, section 3.23 must
also receive approval from the Administrator before using such
alternative means of emission limitation for the purpose of complying
with section 112.
(B) [Reserved]
Note to paragraph (a)(47):
Dates in parenthesis indicate the effective date of the federal
rules that have been adopted by and delegated to the state or local air
pollution control agency. Therefore, any amendments made to these
delegated rules after this effective date are not delegated to the
agency.
(48) West Virginia. (i) West Virginia is delegated the authority to
implement and enforce all existing and future unchanged 40 CFR part 63
standards at major sources, as defined in 40 CFR part 70, in accordance
with the delegation agreement between EPA Region III and the West
Virginia Department of Environmental Protection, dated March 19, 2001,
and any mutually acceptable amendments to that agreement.
(ii) West Virginia is delegated the authority to implement and
enforce all existing 40 CFR part 63 standards and all future unchanged
40 CFR part 63 standards, if delegation is sought by the West Virginia
Department of Environmental Protection and approved by EPA Region III,
at affected sources which are not located at major sources, as defined
in 40 CFR part 70, in accordance with the final rule, dated April 2,
2002, effective June 3, 2002, and any mutually acceptable amendments to
the terms described in the direct final rule.
[61 FR 25399, May 21, 1996]
Editorial Note: For Federal Register citations affecting Sec. 63.99,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and on GPO Access.
Effective Date Note: At 68 FR 31615, May 28, 2003, Sec. 63.99 was
amended by adding paragraph (a)(29)(iii) effective July 28, 2003. For
the convenience of the user, the added text is set forth as follows.
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(29) New Hampshire.
(i) * * *
(ii) * * *
(iii) Affected inactive waste disposal sites not operated after July
9, 1981 must comply with the New Hampshire Regulations Applicable to
Hazardous Air Pollutants, March, 2003, (incorporated by reference as
specified in Sec. 63.14) as described as follows:
(A) The material incorporated in the New Hampshire Regulations
Applicable to Hazardous Air Pollutants, March, 2003, (incorporated by
reference as specified in Sec. 63.14)
[[Page 133]]
pertains to inactive waste disposal sites not operated after July 9,
1981 in the State of New Hampshire's jurisdiction, and has been approved
under the procedures in 40 CFR 63.93 to be implemented and enforced in
place of the Federal NESHAPs for Inactive Waste Disposal Sites (40 CFR
61.151).
* * * * *
Subpart F--National Emission Standards for Organic Hazardous Air
Pollutants From the Synthetic Organic Chemical Manufacturing Industry
Source: 59 FR 19454, Apr. 22, 1994, unless otherwise noted.
Sec. 63.100 Applicability and designation of source.
(a) This subpart provides applicability provisions, definitions, and
other general provisions that are applicable to subparts G and H of this
part.
(b) Except as provided in paragraphs (b)(4) and (c) of this section,
the provisions of subparts F, G, and H of this part apply to chemical
manufacturing process units that meet all the criteria specified in
paragraphs (b)(1), (b)(2), and (b)(3) of this section:
(1) Manufacture as a primary product one or more of the chemicals
listed in paragraphs (b)(1)(i) or (b)(1)(ii) of this section.
(i) One or more of the chemicals listed in table 1 of this subpart;
or
(ii) One or more of the chemicals listed in paragraphs (b)(1)(ii)(A)
or (b)(1)(ii)(B) of this section:
(A) Tetrahydrobenzaldehyde (CAS Number 100-50-5); or
(B) Crotonaldehyde (CAS Number 123-73-9).
(2) Use as a reactant or manufacture as a product, or co-product,
one or more of the organic hazardous air pollutants listed in table 2 of
this subpart;
(3) Are located at a plant site that is a major source as defined in
section 112(a) of the Act.
(4) The owner or operator of a chemical manufacturing processing
unit is exempt from all requirements of subparts F, G, and H of this
part until not later than April 22, 1997 if the owner or operator
certifies, in a notification to the appropriate EPA Regional Office, not
later than May 14, 1996, that the plant site at which the chemical
manufacturing processing unit is located emits, and will continue to
emit, during any 12-month period, less than 10 tons per year of any
individual hazardous air pollutants (HAP), and less than 25 tons per
year of any combination of HAP.
(i) If such a determination is based on limitations and conditions
that are not federally enforceable (as defined in subpart A of this
part), the owner or operator shall document the basis for the
determination as specified in paragraphs (b)(4)(i)(A) through
(b)(4)(i)(C) and comply with the recordkeeping requirement in 63.103(f).
(A) The owner or operator shall identify all HAP emission points at
the plant site, including those emission points subject to and emission
points not subject to subparts F, G, and H;
(B) The owner or operator shall calculate the amount of annual HAP
emissions released from each emission point at the plant site, using
acceptable measurement or estimating techniques for maximum expected
operating conditions at the plant site. Examples of estimating
procedures that are considered acceptable include the calculation
procedures in Sec. 63.150 of subpart G, the early reduction
demonstration procedures specified in 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
[[Page 134]]
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), (d)(3), and (d)(4) of this section.
(1) If a chemical manufacturing process unit produces more than one
intended chemical product, the product with the greatest annual design
capacity on a mass basis determines the primary product of the process.
(2) If a chemical manufacturing process unit has two or more
products that have the same maximum annual design capacity on a mass
basis and if one of those chemicals is listed in table 1 of this
subpart, then the listed chemical is considered the primary product and
the chemical manufacturing process unit is subject to this subpart. If
more than one of the products is listed in table 1 of this subpart, then
the owner or operator may designate as the primary product any of the
listed chemicals and the chemical manufacturing process unit is subject
to this subpart.
(3) For chemical manufacturing process units that are designed and
operated as flexible operation units producing one or more chemicals
listed in table 1 of this subpart, the primary product shall be
determined for existing sources based on the expected utilization for
the five years following April 22, 1994 and for new sources based on the
expected utilization for the first five years after initial start-up.
(i) If the predominant use of the flexible operation unit, as
described in paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of this section,
is to produce one or more chemicals listed in table 1 of this subpart,
then the flexible operation unit shall be subject to the provisions of
subparts F, G, and H of this part.
(A) If the flexible operation unit produces one product for the
greatest annual operating time, then that product shall represent the
primary product of the flexible operation unit.
(B) If the flexible operation unit produces multiple chemicals
equally based on operating time, then the product with the greatest
annual production on a mass basis shall represent the primary product of
the flexible operation unit.
(ii) The determination of applicability of this subpart to chemical
manufacturing process units that are designed and operated as flexible
operation units shall be reported as part of an operating permit
application or as otherwise specified by the permitting authority.
(4) Notwithstanding the provisions of paragraph (d)(3) of this
section, for chemical manufacturing process units that are designed and
operated as flexible operation units producing a chemical listed in
paragraph (b)(1)(ii) of this section, the primary product shall be
determined for existing sources based on the expected utilization for
the five years following May 12, 1998 and for new sources based on the
expected utilization for the first five years after initial start-up.
(i) The predominant use of the flexible operation unit shall be
determined according to paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of this
section. If the predominant use is to produce one of the chemicals
listed in paragraph (b)(1)(ii) of this section, then the flexible
operation unit shall be subject to the provisions of this subpart and
subparts G and H of this part.
(ii) The determination of applicability of this subpart to chemical
manufacturing process units that are designed and operated as flexible
operation units shall be reported as part of an operating permit
application or as otherwise specified by the permitting authority.
(e) The source to which this subpart applies is the collection of
all chemical manufacturing process units and the associated equipment at
a major source
[[Page 135]]
that meet the criteria specified in paragraphs (b)(1) through (3) of
this section. The source includes the process vents; storage vessels;
transfer racks; waste management units; maintenance wastewater; heat
exchange systems; equipment identified in Sec. 63.149; and pumps,
compressors, agitators, pressure relief devices, sampling connection
systems, open-ended valves or lines, valves, connectors, instrumentation
systems, surge control vessels, and bottoms receivers that are
associated with that collection of chemical manufacturing process units.
The source also includes equipment required by, or utilized as a method
of compliance with, subparts F, G, or H of this part which may include
control devices and recovery devices.
(1) This subpart applies to maintenance wastewater and heat exchange
systems within a source that is subject to this subpart.
(2) This subpart F and subpart G of this part apply to process
vents, storage vessels, transfer racks, equipment identified in
Sec. 63.149 of subpart G of this part, and wastewater streams and
associated treatment residuals within a source that is subject to this
subpart.
(3) This subpart F and subpart H of this part apply to pumps,
compressors, agitators, pressure relief devices, sampling connection
systems, open-ended valves or lines, valves, connectors, instrumentation
systems, surge control vessels, and bottoms receivers within a source
that is subject to this subpart. If specific items of equipment,
comprising part of a chemical manufacturing process unit subject to this
subpart, are managed by different administrative organizations (e.g.,
different companies, affiliates, departments, divisions, etc.), those
items of equipment may be aggregated with any chemical manufacturing
process unit within the source for all purposes under subpart H of this
part, providing there is no delay in the applicable compliance date in
Sec. 63.100(k).
(f) The source includes the emission points listed in paragraphs
(f)(1) through (f)(11) of this section, but those emission points are
not subject to the requirements of this subpart F and subparts G and H
of this part. This subpart does not require emission points that are
listed in paragraphs (f)(1) through (f)(11) of this section to comply
with the provisions of subpart A of this part.
(1) Equipment that is located within a chemical manufacturing
process unit that is subject to this subpart but the equipment does not
contain organic hazardous air pollutants.
(2) Stormwater from segregated sewers;
(3) Water from fire-fighting and deluge systems in segregated
sewers;
(4) Spills;
(5) Water from safety showers;
(6) Water from testing of deluge systems;
(7) Water from testing of firefighting systems;
(8) Vessels storing organic liquids that contain organic hazardous
air pollutants only as impurities;
(9) Loading racks, loading arms, or loading hoses that only transfer
liquids containing organic hazardous air pollutants as impurities;
(10) Loading racks, loading arms, or loading hoses that vapor
balance during all loading operations; and
(11) Equipment that is intended to operate in organic hazardous air
pollutant service, as defined in Sec. 63.161 of subpart H of this part,
for less than 300 hours during the calendar year.
(g) The owner or operator shall follow the procedures specified in
paragraphs (g)(1) through (g)(4) of this section to determine whether a
storage vessel is part of the source to which this subpart applies.
(1) Where a storage vessel is dedicated to a chemical manufacturing
process unit, the storage vessel shall be considered part of that
chemical manufacturing process unit.
(i) If the chemical manufacturing process unit is subject to this
subpart according to the criteria specified in paragraph (b) of this
section, then the storage vessel is part of the source to which this
subpart applies.
(ii) If the chemical manufacturing process unit is not subject to
this subpart according to the criteria specified in paragraph (b) of
this section, then the storage vessel is not part of the source to which
this subpart applies.
(2) If a storage vessel is not dedicated to a single chemical
manufacturing
[[Page 136]]
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
according to the criteria in paragraphs (g)(2)(iii)(A) and
(g)(2)(iii)(B) of this section, as applicable. This determination shall
be reported as part of an operating permit application or as otherwise
specified by the permitting authority.
(A) For chemical manufacturing process units that produce one or
more of the chemicals listed in table 1 of this subpart and meet the
criteria in paragraphs (b)(2) and (b)(3) of this section, the
applicability shall be based on the utilization that occurred during the
12-month period preceding April 22, 1994.
(B) For chemical manufacturing process units that produce one or
more of the chemicals listed in paragraph (b)(1)(ii) of this section and
meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the
applicability shall be based on the utilization that occurred during the
12-month period preceding May 12, 1998.
(iv) If there is a change in the material stored in the storage
vessel, the owner or operator shall reevaluate the applicability of this
subpart to the vessel.
(3) Where a storage vessel is located at a major source that
includes one or more chemical manufacturing process units which place
material into, or receive materials from the storage vessel, but the
storage vessel is located in a tank farm (including a marine tank farm),
the applicability of this subpart F and subpart G of this part shall be
determined according to the provisions in paragraphs (g)(3)(i) through
(g)(3)(iv) of this section.
(i) The storage vessel may only be assigned to a chemical
manufacturing process unit that utilizes the storage vessel and does not
have an intervening storage vessel for that product (or raw material, as
appropriate). With respect to any chemical manufacturing process unit,
an intervening storage vessel means a storage vessel connected by hard-
piping to the chemical manufacturing process unit and to the storage
vessel in the tank farm so that product or raw material entering or
leaving the chemical manufacturing process unit flows into (or from) the
intervening storage vessel and does not flow directly into (or from) the
storage vessel in the tank farm.
(ii) If there is no chemical manufacturing process unit at the major
source that meets the criteria of paragraph (g)(3)(i) of this section
with respect to a storage vessel, this subpart F and subpart G of this
part do not apply to the storage vessel.
(iii) If there is only one chemical manufacturing process unit at
the major source that meets the criteria of paragraph (g)(3)(i) of this
section with respect to a storage vessel, the storage
[[Page 137]]
vessel shall be assigned to that chemical manufacturing process unit.
Applicability of this subpart F and subpart G to this part to the
storage vessel shall then be determined according to the provisions of
paragraph (b) of this section.
(iv) If there are two or more chemical manufacturing process units
at the major source that meet the criteria of paragraph (g)(3)(i) of
this section with respect to a storage vessel, the storage vessel shall
be assigned to one of those chemical manufacturing process units
according to the provisions of paragraph (g)(2) of this section. The
predominant use shall be determined among only those chemical
manufacturing process units that meet the criteria of paragraph
(g)(3)(i) of this section. Applicability of this subpart F and subpart G
of this part to the storage vessel shall then be determined according to
the provisions of paragraph (b) of this section.
(4) If the storage vessel begins receiving material from (or sending
material to) another chemical manufacturing process unit, or ceases to
receive material from (or send material to) a chemical manufacturing
process unit, or if the applicability of this subpart F and subpart G of
this part to a storage vessel has been determined according to the
provisions of paragraphs (g)(2)(i) and (g)(2)(ii) of this section and
there is a change so that the predominant use may reasonably have
changed, the owner or operator shall reevaluate the applicability of
this subpart to the storage vessel.
(h) The owner or operator shall follow the procedures specified in
paragraphs (h)(1) and (h)(2) of this section to determine whether the
arms and hoses in a loading rack are part of the source to which this
subpart applies.
(1) Where a loading rack is dedicated to a chemical manufacturing
process unit, the loading rack shall be considered part of that specific
chemical manufacturing process unit.
(i) If the chemical manufacturing process unit is subject to this
subpart according to the criteria specified in paragraph (b) of this
section and the loading rack does not meet the criteria specified in
paragraphs (f)(9) and (f)(10) of this section, then the loading rack is
considered a transfer rack (as defined in Sec. 63.101 of this subpart)
and is part of the source to which this subpart applies.
(ii) If the chemical manufacturing process unit is not subject to
this subpart according to the criteria specified in paragraph (b) of
this section, then the loading rack is not considered a transfer rack
(as defined in Sec. 63.101 of this subpart) and is not a part of the
source to which this subpart applies.
(2) If a loading rack is shared among chemical manufacturing process
units, then the applicability of this subpart F and subpart G of this
part shall be determined at each loading arm or loading hose according
to the provisions in paragraphs (h)(2)(i) through (h)(2)(iv) of this
section.
(i) Each loading arm or loading hose that is dedicated to the
transfer of liquid organic hazardous air pollutants listed in table 2 of
this subpart from a chemical manufacturing process unit to which this
subpart applies is part of that chemical manufacturing process unit and
is part of the source to which this subpart applies unless the loading
arm or loading hose meets the criteria specified in paragraphs (f)(9) or
(f)(10) of this section.
(ii) If a loading arm or loading hose is shared among chemical
manufacturing process units, and one of the chemical manufacturing
process units provides the greatest amount of the material that is
loaded by the loading arm or loading hose, then the loading arm or
loading hose is part of that chemical manufacturing process unit.
(A) If the chemical manufacturing process unit is subject to this
subpart according to the criteria specified in paragraph (b) of this
section, then the loading arm or loading hose is part of the source to
which this subpart applies unless the loading arm or loading hose meets
the criteria specified in paragraphs (f)(9) or (f)(10) of this section.
(B) If the chemical manufacturing process unit is not subject to
this subpart according to the criteria specified in paragraph (b) of
this section, then the loading arm or loading hose is not part of the
source to which this subpart applies.
[[Page 138]]
(iii) If a loading arm or loading hose is shared among chemical
manufacturing process units so that there is no single predominant use
as described in paragraph (h)(2)(ii) of this section and at least one of
those chemical manufacturing process units is subject to this subpart,
then the loading arm or hose is part of the chemical manufacturing
process unit that is subject to this subpart. If more than one of the
chemical manufacturing process units is subject to this subpart, the
owner or operator may assign the loading arm or loading hose to any of
the chemical manufacturing process units subject to this subpart.
(iv) If the predominant use of a loading arm or loading hose varies
from year to year, then the applicability of this subpart shall be
determined according to the criteria in paragraphs (h)(2)(iv)(A) and
(h)(2)(iv)(B) of this section, as applicable. This determination shall
be reported as part of an operating permit application or as otherwise
specified by the permitting authority.
(A) For chemical manufacturing process units that produce one or
more of the chemicals listed in table 1 of this subpart and meet the
criteria in paragraphs (b)(2) and (b)(3) of this section, the
applicability shall be based on the utilization that occurred during the
12-month period preceding April 22, 1994.
(B) For chemical manufacturing process units that produce one or
more of the chemicals listed in paragraph (b)(1)(ii) of this section and
meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the
applicability shall be based on the utilization that occurred during the
year preceding May 12, 1998.
(3) If a loading rack that was dedicated to a single chemical
manufacturing process unit begins to serve another chemical
manufacturing process unit, or if applicability was determined under the
provisions of paragraphs (h)(2)(i) through (h)(2)(iii) of this section
and there is a change so that the predominant use may reasonably have
changed, the owner or operator shall reevaluate the applicability of
this subpart to the loading rack, loading arm, or loading hose.
(i) Except as provided in paragraph (i)(4) of this section, the
owner or operator shall follow the procedures specified in paragraphs
(i)(1) through (i)(3) and (i)(5) of this section to determine whether
the vent(s) from a distillation unit is part of the source to which this
subpart applies.
(1) Where a distillation unit is dedicated to a chemical
manufacturing process unit, the distillation column shall be considered
part of that chemical manufacturing process unit.
(i) If the chemical manufacturing process unit is subject to this
subpart according to the criteria specified in paragraph (b) of this
section, then the distillation unit is part of the source to which this
subpart applies.
(ii) If the chemical manufacturing process unit is not subject to
this subpart according to the criteria specified in paragraph (b) of
this section, then the distillation unit is not part of the source to
which this subpart applies.
(2) If a distillation unit is not dedicated to a single chemical
manufacturing process unit, then the applicability of this subpart and
subpart G of this part shall be determined according to the provisions
in paragraphs (i)(2)(i) through (i)(2)(iv) of this section.
(i) If the greatest input to the distillation unit is from a
chemical manufacturing process unit located on the same plant site, then
the distillation unit shall be assigned to that chemical manufacturing
process unit.
(ii) If the greatest input to the distillation unit is provided from
a chemical manufacturing process unit that is not located on the same
plant site, then the distillation unit shall be assigned to the chemical
manufacturing process unit located at the same plant site that receives
the greatest amount of material from the distillation unit.
(iii) If a distillation unit is shared among chemical manufacturing
process units so that there is no single predominant use as described in
paragraphs (i)(2)(i) and (i)(2)(ii) of this section, and at least one of
those chemical manufacturing process units is subject to this subpart,
the distillation unit shall be assigned to the chemical manufacturing
process unit that is subject
[[Page 139]]
to this subpart. If more than one chemical manufacturing process unit is
subject to this subpart, the owner or operator may assign the
distillation unit to any of the chemical manufacturing process units
subject to this subpart.
(iv) If the predominant use of a distillation unit varies from year
to year, then the applicability of this subpart shall be determined
according to the criteria in paragraphs (i)(2)(iv)(A) and (i)(2)(iv)(B),
as applicable. This determination shall be included as part of an
operating permit application or as otherwise specified by the permitting
authority.
(A) For chemical manufacturing process units that produce one or
more of the chemicals listed in table 1 of this subpart and meet the
criteria in paragraphs (b)(2) and (b)(3) of this section, the
applicability shall be based on the utilization that occurred during the
year preceding April 22, 1994.
(B) For chemical manufacturing process units that produce one or
more of the chemicals listed in paragraph (b)(1)(ii) of this section and
meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the
applicability shall be based on the utilization that occurred during the
year preceding May 12, 1998.
(3) If the chemical manufacturing process unit to which the
distillation unit is assigned is subject to this subpart, then each vent
from the individual distillation unit shall be considered separately to
determine whether it is a process vent (as defined in Sec. 63.101 of
this subpart). Each vent that is a process vent is part of the source to
which this subpart applies.
(4) If the distillation unit is part of one of the chemical
manufacturing process units listed in paragraphs (i)(4)(i) through
(i)(4)(iii) of this section, then each vent from the individual
distillation unit shall be considered separately to determine whether it
is a process vent (as defined in Sec. 63.101 of this subpart). Each vent
that is a process vent is part of the source to which this subpart
applies:
(i) The Aromex unit that produces benzene, toluene, and xylene;
(ii) The unit that produces hexane; or
(iii) The unit that produces cyclohexane.
(5) If a distillation unit that was dedicated to a single chemical
manufacturing process unit, or that was part of a chemical manufacturing
unit identified in paragraphs (i)(4)(i) through (i)(4)(iii) of this
section, begins to serve another chemical manufacturing process unit, or
if applicability was determined under the provisions of paragraphs
(i)(2)(i) through (i)(2)(iii) of this section and there is a change so
that the predominant use may reasonably have changed, the owner or
operator shall reevaluate the applicability of this subpart to the
distillation unit.
(j) The provisions of subparts F, G, and H of this part do not apply
to the processes specified in paragraphs (j)(1) through (j)(6) of this
section. Subparts F, G, and H do not require processes specified in
paragraphs (j)(1) through (j)(6) to comply with the provisions of
subpart A of this part.
(1) Research and development facilities, regardless of whether the
facilities are located at the same plant site as a chemical
manufacturing process unit that is subject to the provisions of subparts
F, G, or H of this part.
(2) Petroleum refining process units, regardless of whether the
units supply feedstocks that include chemicals listed in table 1 of this
subpart to chemical manufacturing process units that are subject to the
provisions of subparts F, G, or H of this part.
(3) Ethylene process units, regardless of whether the units supply
feedstocks that include chemicals listed in table 1 of this subpart to
chemical manufacturing process units that are subject to the provisions
of subpart F, G, or H of this part.
(4) Batch process vents within a chemical manufacturing process
unit.
(5) Chemical manufacturing process units that are located in coke
by-product recovery plants.
(6) Solvent reclamation, recovery, or recycling operations at
hazardous waste TSDF facilities requiring a permit under 40 CFR part 270
that are separate entities and not part of a SOCMI chemical
manufacturing process unit.
(k) Except as provided in paragraphs (l), (m), and (p) of this
section, sources subject to subparts F, G, or H of this part are
required to achieve compliance on or before the dates specified in
[[Page 140]]
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.
(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
[[Page 141]]
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.
(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
[[Page 142]]
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.
(l)(1) If an additional chemical manufacturing process unit meeting
the criteria specified in paragraph (b) of this section is added to a
plant site that is a major source as defined in section 112(a) of the
Act, the addition shall be subject to the requirements for a new source
in subparts F, G, and H of this part if:
(i) It is an addition that meets the definition of construction in
Sec. 63.2 of subpart A of this part;
(ii)(A) Such construction commenced after December 31, 1992 for
chemical manufacturing process units that produce as a primary product
one or more of the chemicals listed in table 1 of this subpart;
(B) Such construction commenced after August 22, 1997 for chemical
manufacturing process units that produce as a primary product one or
more of the chemicals listed in paragraph (b)(1)(ii) of this section;
and
(iii) The addition has the potential to emit 10 tons per year or
more of any HAP or 25 tons per year or more of any combination of HAP's,
unless the Administrator establishes a lesser quantity.
(2) If any change is made to a chemical manufacturing process unit
subject to this subpart, the change shall be subject to the requirements
of a new source in subparts F, G, and H of this part if:
(i) It is a change that meets the definition of reconstruction in
Sec. 63.2 of subpart A of this part; and
(ii)(A) Such reconstruction commenced after December 31, 1992 for
chemical manufacturing process units that produce as a primary product
one or more of the chemicals listed in table 1 of this subpart; and
(B) Such construction commenced after August 22, 1997 for chemical
manufacturing process units that produce as a primary product one or
more of the chemicals listed in paragraph (b)(1)(ii) of this section.
(3) If an additional chemical manufacturing process unit is added to
a plant site or a change is made to a chemical manufacturing process
unit and the addition or change is determined to be subject to the new
source requirements according to paragraph (l)(1) or (l)(2) of this
section:
(i) The new or reconstructed source shall be in compliance with the
new source requirements of subparts F, G, and H of this part upon
initial start-up of the new or reconstructed source or by April 22,
1994, whichever is later; and
(ii) The owner or operator of the new or reconstructed source shall
comply with the reporting and recordkeeping requirements in subparts F,
G, and H of this part that are applicable to new sources. The applicable
reports include, but are not limited to:
(A) The application for approval of construction or reconstruction
which
[[Page 143]]
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 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
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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.
(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).
(p) Compliance dates for chemical manufacturing process units that
produce crotonaldehyde or tetrahydrobenzaldehyde. Notwithstanding the
provisions of paragraph (k) of this section, chemical manufacturing
process units that meet the criteria in paragraphs (b)(1)(ii), (b)(2),
and (b)(3) of this section shall be in compliance with this subpart and
subparts G and H of this part by the dates specified in paragraphs
(p)(1) and (p)(2) of this section, as applicable.
(1) If the source consists only of chemical manufacturing process
units that produce as a primary product one or more of the chemicals
listed in paragraph (b)(1)(ii) of this section, new sources shall comply
by the date specified in paragraph (p)(1)(i) of this section and
existing sources shall comply by the dates specified in paragraphs
(p)(1)(ii) and (p)(1)(iii) of this section.
(i) Upon initial start-up or May 12, 1998, whichever is later.
(ii) This subpart and subpart G of this part by May 14, 2001, unless
an extension has been granted by the Administrator as provided in
Sec. 63.151(a)(6) or granted by the permitting authority as provided in
Sec. 63.6(i) of subpart A of this part. When April 22, 1994 is referred
to in this subpart and subpart G of this part, May 12, 1998 shall be
used as the applicable date for that provision. When December 31, 1992
is referred to in this subpart and subpart G
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of this part, August 22, 1997 shall be used as the applicable date for
that provision.
(iii) Subpart H of this part by May 12, 1999, unless an extension
has been granted by the Administrator as provided in Sec. 63.151(a)(6)
or granted by the permitting authority as provided in Sec. 63.6(i) of
subpart A of this part. When April 22, 1994 is referred to in subpart H
of this part, May 12, 1998 shall be used as the applicable date for that
provision. When December 31, 1992 is referred to in subpart H of this
part, August 22, 1997 shall be used as the applicable date for that
provision.
(2) If the source consists of a combination of chemical
manufacturing process units that produce as a primary product one or
more of the chemicals listed in paragraphs (b)(1)(i) and (b)(1)(ii) of
this section, new chemical manufacturing process units that meet the
criteria in paragraph (b)(1)(ii) of this section shall comply by the
date specified in paragraph (p)(1)(i) of this section and existing
chemical manufacturing process units producing crotonaldehyde and/or
tetrahydrobenzaldehyde shall comply by the dates specified in paragraphs
(p)(1)(ii) and (p)(1)(iii) of this section.
(q) If the owner or operator of a process vent, or of a gas stream
transferred subject to Sec. 63.113(i), is unable to comply with the
provisions of Secs. 63.113 through 63.118 by the applicable compliance
date specified in paragraph (k),(l), or (m) of this section for the
reasons stated in paragraph (q)(1),(3), or (5) of this section, the
owner or operator shall comply with the applicable provisions in
Secs. 63.113 through 63.118 as expeditiously as practicable, but in no
event later than the date approved by the Administrator pursuant to
paragraph (q)(2), (4), or (6) of this section, respectively. For
requests under paragraph (q)(1) or (3) of this section, the date
approved by the Administrator may be earlier than, and shall not be
later than, the later of January 22, 2004 or 3 years after the
transferee's refusal to accept the stream for disposal. For requests
submitted under paragraph (q)(5) of this section, the date approved by
the Administrator may be earlier than, and shall not be later than, 3
years after the date of publication of the amendments to this subpart or
to subpart G of this part which created the need for an extension of the
compliance.
(1) If the owner or operator has been sending a gas stream for
disposal as described in Sec. 63.113(i) prior to January 22, 2001, and
the transferee does not submit a written certification as described in
Sec. 63.113(i)(2) and ceases to accept the gas stream for disposal, the
owner or operator shall comply with paragraph (q)(2) of this section.
(2)(i) An owner or operator directed to comply with paragraph (q)(2)
of this section shall submit to the Administrator for approval a
compliance schedule, along with a justification for the schedule.
(ii) The compliance schedule and justification shall be submitted no
later than 90 days after the transferee ceases to accept the gas stream
for disposal.
(iii) The Administrator shall approve the compliance schedule or
request changes within 120 days of receipt of the compliance schedule
and justification.
(3) If the owner or operator has been sending the gas stream for
disposal as described in Sec. 63.113(i) to a transferee who had
submitted a written certification as described in Sec. 63.113(i)(2), and
the transferee revokes its written certification, the owner or operator
shall comply with paragraph (q)(4) of this section. During the period
between the date when the owner or operator receives notice of
revocation of the transferee's written certification and the compliance
date established under paragraph (q)(4) of this section, the owner or
operator shall implement, to the extent reasonably available, measures
to prevent or minimize excess emissions to the extent practical. For
purposes of this paragraph (q)(3), the term ``excess emissions'' means
emissions in excess of those that would have occurred if the transferee
had continued managing the gas stream in compliance with the
requirements in Secs. 63.113 through 63.118. The measures to be taken
shall be identified in the applicable startup, shutdown, and malfunction
plan. If the measures that can be reasonably taken will change over
time, so that a more effective measure which could not reasonably be
taken
[[Page 146]]
initially would be reasonable at a later date, the Administrator may
require the more effective measure by a specified date (in addition to
or instead of any other measures taken sooner or later than that date)
as a condition of approval of the compliance schedule.
(4)(i) An owner or operator directed to comply with this paragraph
(q)(4) shall submit to the Administrator for approval the documents
specified in paragraphs (q)(4)(i)(A) through (E) of this section no
later than 90 days after the owner or operator receives notice of
revocation of the transferee's written certification.
(A) A request for determination of a compliance date.
(B) A justification for the request for determination of a
compliance date.
(C) A compliance schedule.
(D) A justification for the compliance schedule.
(E) A description of the measures that will be taken to minimize
excess emissions until the new compliance date, and the date when each
measure will first be implemented. The owner or operator shall describe
how, and to what extent, each measure will minimize excess emissions,
and shall justify any period of time when measures are not in place.
(ii) The Administrator shall approve or disapprove the request for
determination of a compliance date and the compliance schedule, or
request changes, within 120 days after receipt of the documents
specified in paragraphs (q)(4)(i)(A) through (E) of this section. Upon
approving the request for determination and compliance schedule, the
Administrator shall specify a reasonable compliance date consistent with
the introductory text in paragraph (q) of this section.
(5) If the owner's or operator's inability to meet otherwise
applicable compliance deadlines is due to amendments of this subpart or
of subpart G of this part published on or after January 22, 2001 and
neither condition specified in paragraph (q)(1) or (3) of this section
is applicable, the owner or operator shall comply with paragraph (q)(6)
of this section.
(6)(i) An owner or operator directed to comply with this paragraph
(6)(i) shall submit to the Administrator for approval, a request for
determination of a compliance date, a compliance schedule, a
justification for the determination of a compliance date, and a
justification for the compliance schedule.
(ii) The documents required to be submitted under paragraph
(q)(6)(i) of this section shall be submitted no later than 120 days
after publication of the amendments of this subpart or of subpart G of
this part which necessitate the request for an extension.
(iii) The Administrator shall approve or disapprove the request for
a determination of a compliance date, or request changes, within 120
days after receipt of the request for determination of a compliance
date, the compliance schedule, and the two justifications. If the
request for determination of a compliance date is disapproved, the
compliance schedule is disapproved and the owner or operator shall
comply by the applicable date specified in paragraph (k),(l), or (m) of
this section. If the request for the determination of a compliance date
is approved, the Administrator shall specify, at the time of approval, a
reasonable compliance date consistent with the introductory text in
paragraph (q) of this section.
[59 FR 19454, Apr. 22, 1994, as amended at 59 FR 53360, Oct. 24, 1994;
59 FR 54132, Oct. 28, 1994; 60 FR 5321, Jan. 27, 1995; 60 FR 18023,
18028, Apr. 10, 1995; 60 FR 63626, Dec. 12, 1995; 61 FR 7718, Feb. 29,
1996; 61 FR 64574, Dec. 5, 1996; 62 FR 2729, Jan. 17, 1997; 63 FR 26081,
May 12, 1998; 64 FR 20191, Apr. 26, 1999; 66 FR 6927, Jan. 22, 2001]
Sec. 63.101 Definitions.
(a) The following terms as used in subparts F, G, and H of this part
shall have the meaning given them in subpart A of this part: Act, actual
emissions, Administrator, affected source, approved permit program,
commenced, compliance date, construction, continuous monitoring system,
continuous parameter monitoring system, effective date, emission
standard, emissions averaging, EPA, equivalent emission limitation,
existing source, Federally enforceable, fixed capital cost, hazardous
air pollutant, lesser quantity, major source, malfunction, new source,
[[Page 147]]
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.
Batch process vent means gaseous venting to the atmosphere from a
batch operation.
Bottoms receiver means a tank that collects distillation bottoms
before the stream is sent for storage or for further downstream
processing.
By-product means a chemical that is produced coincidentally during
the production of another chemical.
Chemical manufacturing process unit means the equipment assembled
and connected by pipes or ducts to process raw materials and to
manufacture an intended product. A chemical manufacturing process unit
consists of more than one unit operation. For the purpose of this
subpart, chemical manufacturing process unit includes air oxidation
reactors and their associated product separators and recovery devices;
reactors and their associated product separators and recovery devices;
distillation units and their associated distillate receivers and
recovery devices; associated unit operations; associated recovery
devices; and any feed, intermediate and product storage vessels, product
transfer racks, and connected ducts and piping. A chemical manufacturing
process unit includes pumps, compressors, agitators, pressure relief
devices, sampling connection systems, open-ended valves or lines,
valves, connectors, instrumentation systems, and control devices or
systems. A chemical manufacturing process unit is identified by its
primary product.
Control device means any combustion device, recovery device, or
recapture device. Such equipment includes, but is not limited to,
absorbers, carbon adsorbers, condensers, incinerators, flares, boilers,
and process heaters. For process vents (as defined in this section),
recapture devices are considered control devices but recovery devices
are not considered control devices. For a steam stripper, a primary
condenser is not considered a control device.
Co-product means a chemical that is produced during the production
of another chemical.
Distillate receiver means overhead receivers, overhead accumulators,
reflux drums, and condenser(s) including ejector-condenser(s) associated
with a distillation unit.
Distillation unit means a device or vessel in which one or more feed
streams are separated into two or more exit streams, each exit stream
having component concentrations different from those in the feed
stream(s). The separation is achieved by the redistribution of the
components between the liquid and the vapor phases by vaporization and
condensation as they approach equilibrium within the distillation unit.
Distillation unit includes the distillate receiver, reboiler, and any
associated vacuum pump or steam jet.
Emission point means an individual process vent, storage vessel,
transfer rack, wastewater stream, or equipment leak.
Equipment leak means emissions of organic hazardous air pollutants
from
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a connector, pump, compressor, agitator, pressure relief device,
sampling connection system, open-ended valve or line, valve, surge
control vessel, bottoms receiver, or instrumentation system in organic
hazardous air pollutant service as defined in Sec. 63.161.
Ethylene process or ethylene process unit means a chemical
manufacturing process unit in which ethylene and/or propylene are
produced by separation from petroleum refining process streams or by
subjecting hydrocarbons to high temperatures in the presence of steam.
The ethylene process unit includes the separation of ethylene and/or
propylene from associated streams such as a C4 product,
pyrolysis gasoline, and pyrolysis fuel oil. The ethylene process does
not include the manufacture of SOCMI chemicals such as the production of
butadiene from the C4 stream and aromatics from pyrolysis
gasoline.
Flexible operation unit means a chemical manufacturing process unit
that manufactures different chemical products periodically by
alternating raw materials or operating conditions. These units are also
referred to as campaign plants or blocked operations.
Fuel gas means gases that are combusted to derive useful work or
heat.
Fuel gas system means the offsite and onsite piping and flow and
pressure control system that gathers gaseous stream(s) generated by
onsite operations, may blend them with other sources of gas, and
transports the gaseous stream for use as fuel gas in combustion devices
or in in-process combustion equipment such as furnaces and gas turbines
either singly or in combination.
Heat exchange system means any cooling tower system or once-through
cooling water system (e.g., river or pond water). A heat exchange system
can include more than one heat exchanger and can include an entire
recirculating or once-through cooling system.
Impurity means a substance that is produced coincidentally with the
primary product, or is present in a raw material. An impurity does not
serve a useful purpose in the production or use of the primary product
and is not isolated.
Initial start-up means the first time a new or reconstructed source
begins production, or, for equipment added or changed as described in
Sec. 63.100 (l) or (m) of this subpart, the first time the equipment is
put into operation. Initial start-up does not include operation solely
for testing equipment. For purposes of subpart G of this part, initial
start-up does not include subsequent start-ups (as defined in this
section) of chemical manufacturing process units following malfunctions
or shutdowns or following changes in product for flexible operation
units or following recharging of equipment in batch operation. For
purposes of subpart H of this part, initial start-up does not include
subsequent start-ups (as defined in Sec. 63.161 of subpart H of this
part) of process units (as defined in Sec. 63.161 of subpart H of this
part) following malfunctions or process unit shutdowns.
Loading rack means a single system used to fill tank trucks and
railcars at a single geographic site. Loading equipment and operations
that are physically separate (i.e, do not share common piping, valves,
and other equipment) are considered to be separate loading racks.
Maintenance wastewater means wastewater generated by the draining of
process fluid from components in the chemical manufacturing process unit
into an individual drain system prior to or during maintenance
activities. Maintenance wastewater can be generated during planned and
unplanned shutdowns and during periods not associated with a shutdown.
Examples of activities that can generate maintenance wastewaters include
descaling of heat exchanger tubing bundles, cleaning of distillation
column traps, draining of low legs and high point bleeds, draining of
pumps into an individual drain system, and draining of portions of the
chemical manufacturing process unit for repair.
On-site or On site means, with respect to records required to be
maintained by this subpart, that the records are stored at a location
within a major source which encompasses the affected source. On-site
includes, but is not limited to, storage at the chemical manufacturing
process unit to which the
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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 the point of discharge to the atmosphere (or the
point of entry into a control device, if any) of a gas stream if the gas
stream has the characteristics specified in Sec. 63.107(b) through (h),
or meets the criteria specified in Sec. 63.107(i). For purposes of
Secs. 63.113 through 63.118, all references to the characteristics of a
process vent (e.g., flow rate, total HAP concentration, or TRE index
value) shall mean the characteristics of the gas stream.
Process wastewater means wastewater which, during manufacturing or
processing, comes into direct contact with or results from the
production or use of any raw material, intermediate product, finished
product, by-product, or waste product. Examples are product tank
drawdown or feed tank drawdown; water formed during a chemical reaction
or used as a reactant; water used to wash impurities from organic
products or reactants; water used to cool or quench organic vapor
streams through direct contact; and condensed steam from jet ejector
systems pulling vacuum on vessels containing organics.
Product means a compound or chemical which is manufactured as the
intended product of the chemical manufacturing process unit. By-
products, isolated intermediates, impurities, wastes, and trace
contaminants are not considered products.
Product separator means phase separators, flash drums, knock-out
drums, decanters, degassers, and condenser(s) including ejector-
condenser(s) associated with a reactor or an air oxidation reactor.
Reactor means a device or vessel in which one or more chemicals or
reactants, other than air, are combined or decomposed in such a way that
their molecular structures are altered and one or more new organic
compounds are formed. Reactor includes the product separator and any
associated vacuum pump or steam jet.
Recapture device means an individual unit of equipment capable of
and used for the purpose of recovering chemicals, but not normally for
use, reuse, or sale. For example, a recapture device may recover
chemicals primarily for disposal. Recapture devices include, but are not
limited to, absorbers, carbon adsorbers, and condensers.
Recovery device means an individual unit of equipment capable of and
normally used for the purpose of recovering chemicals for fuel value
(i.e., net positive heating value), use, reuse or for sale for fuel
value, use, or reuse. Examples of equipment that may be recovery devices
include absorbers, carbon adsorbers, condensers, oil-water separators or
organic-water separators, or organic removal devices such as decanters,
strippers, or thin-film evaporation units. For purposes of the
monitoring, recordkeeping, and reporting requirements of subpart G of
this part, recapture devices are considered recovery devices.
Research and development facility means laboratory and pilot plant
operations whose primary purpose is to conduct research and development
into new processes and products, where the operations are under the
close supervision of technically trained personnel, and is not engaged
in the manufacture
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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.
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
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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; 65 FR 26497, May
8, 2000; 66 FR 6928, Jan. 22, 2001]
Sec. 63.102 General standards.
(a) Owners and operators of sources subject to this subpart shall
comply with the requirements of subparts G and H of this part.
(1) The provisions set forth in this subpart F and subpart G of this
part shall apply at all times except during periods of start-up or
shutdown (as defined in Sec. 63.101 of this subpart), malfunction, or
non-operation of the chemical manufacturing process unit (or specific
portion thereof) resulting in cessation of the emissions to which this
subpart F and subpart G of this part apply. However, if a start-up,
shutdown, malfunction or period of non-operation of one portion of a
chemical manufacturing process unit does not affect the ability of a
particular emission point to comply with the specific provisions to
which it is subject, then that emission point shall still be required to
comply with the applicable provisions of this subpart F and subpart G of
this part during the start-up, shutdown, malfunction or period of non-
operation. For example, if there is an overpressure in the reactor area,
a storage vessel in the chemical manufacturing process unit would still
be required to be controlled in accordance with Sec. 63.119 of subpart G
of the part. Similarly, the degassing of a storage vessel would not
affect the ability of a process vent to meet the requirements of
Sec. 63.113 of subpart G of this part.
(2) The provisions set forth in subpart H of this part shall apply
at all times except during periods of start-up or shutdown, as defined
in Sec. 63.101(b) of this subpart, malfunction, process unit shutdown
(as defined in Sec. 63.161 of subpart H of this part), or non-operation
of the chemical manufacturing process unit (or specific portion thereof)
in which the lines are drained and depressurized resulting in cessation
of the emissions to which subpart H of this part applies.
(3) The owner or operator shall not shut down items of equipment
that are required or utilized for compliance with the provisions of this
subpart F, subpart G or H of this part during times when emissions (or,
where applicable, wastewater streams or residuals) are being routed to
such items of
[[Page 152]]
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 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
[[Page 153]]
Sec. 63.7(e) of subpart A of this part, except that performance tests
shall be conducted at maximum representative operating conditions for
the process. During the performance test, an owner or operator may
operate the control or recovery device at maximum or minimum
representative operating conditions for monitored control or recovery
device parameters, whichever results in lower emission reduction.
(4) Data shall be reduced in accordance with the EPA-approved
methods specified in the applicable subpart or, if other test methods
are used, the data and methods shall be validated according to the
protocol in Method 301 of appendix A of this part.
(5) Performance tests may be waived with approval of the
Administrator as specified in Sec. 63.7(h)(2) of subpart A of this part.
Owners or operators of sources subject to subparts F, G, and H of this
part who apply for a waiver of a performance test shall submit the
application by the dates specified in paragraph (b)(5)(i) of this
section rather than the dates specified in Sec. 63.7(h)(3) of subpart A
of this part.
(i) If a request is made for an extension of compliance under
Sec. 63.151(a)(6) of subpart G or Sec. 63.6(i) of subpart A of this
part, the application for a waiver of an initial performance test shall
accompany the information required for the request for an extension of
compliance. If no extension of compliance is requested, the application
for a waiver of an initial performance test shall be submitted no later
than 90 calendar days before the Notification of Compliance Status
required in Sec. 63.152(b) of subpart G of this part is due to be
submitted.
(ii) Any application for a waiver of a performance test shall
include information justifying the owner or operator's request for a
waiver, such as the technical or economic infeasibility, or the
impracticality, of the source performing the required test.
(6) The owner or operator of a flexible operation unit shall conduct
all required compliance demonstrations during production of the primary
product. The owner or operator is not required to conduct compliance
demonstrations for operating conditions during production of a product
other than the primary product. Except as otherwise provided in this
subpart or in subpart G or subpart H of this part, as applicable, the
owner or operator shall operate each control device, recovery device,
and/or recapture device that is required or used for compliance, and
associated monitoring systems, without regard for whether the product
that is being produced is the primary product or a different product.
Except as otherwise provided in this subpart, subpart G and/or subpart H
of this part, as applicable, operation of a control device, recapture
device and/or recovery device required or used for compliance such that
the daily average of monitored parameter values is outside the parameter
range established pursuant to Sec. 63.152(b)(2), or such that the
monitoring data show operation inconsistent with the monitoring plan
established pursuant to Sec. 63.120(d)(2) or Sec. 63.181(g)(1)(iv),
shall constitute a violation of the required operating conditions.
(c) Each owner or operator of a source subject to subparts F, G, and
H of this part shall keep copies of all applicable reports and records
required by subparts F, G, and H of this part for at least 5 years;
except that, if subparts G or H require records to be maintained for a
time period different than 5 years, those records shall be maintained
for the time specified in subpart G or H of this part. If an owner or
operator submits copies of reports to the applicable EPA Regional
Office, the owner or operator is not required to maintain copies of
reports. If the EPA Regional Office has waived the requirement of
Sec. 63.10(a)(4)(ii) for submittal of copies of reports, the owner or
operator is not required to maintain copies of reports.
(1) All applicable records shall be maintained in such a manner that
they can be readily accessed. The most recent 6 months of records shall
be retained on site or shall be accessible from a central location by
computer or other means that provides access within 2 hours after a
request. The remaining four and one-half years of records may be
retained offsite. Records may be maintained in hard copy or computer-
readable form including, but not
[[Page 154]]
limited to, on paper, microfilm, computer, floppy disk, magnetic tape,
or microfiche.
(2) The owner or operator subject to subparts F, G, and H of this
part shall keep the records specified in this paragraph, as well as
records specified in subparts G and H.
(i) Records of the occurrence and duration of each start-up,
shutdown, and malfunction of operation of process equipment or of air
pollution control equipment or continuous monitoring systems used to
comply with this subpart F, subpart G, or H of this part during which
excess emissions (as defined in Sec. 63.102(a)(4)) occur.
(ii) For each start-up, shutdown, and malfunction during which
excess emissions (as defined in Sec. 63.102(a)(4)) occur, records that
the procedures specified in the source's start-up, shutdown, and
malfunction plan were followed, and documentation of actions taken that
are not consistent with the plan. For example, if a start-up, shutdown,
and malfunction plan includes procedures for routing a control device to
a backup control device (e.g., the incinerator for a halogenated stream
could be routed to a flare during periods when the primary control
device is out of service), records must be kept of whether the plan was
followed. These records may take the form of a ``checklist,'' or other
form of recordkeeping that confirms conformance with the start-up,
shutdown, and malfunction plan for the event.
(iii) For continuous monitoring systems used to comply with subpart
G of this part, records documenting the completion of calibration checks
and maintenance of continuous monitoring systems that are specified in
the manufacturer's instructions or other written procedures that provide
adequate assurance that the equipment would reasonably be expected to
monitor accurately.
(3) Records of start-up, shutdown and malfunction and continuous
monitoring system calibration and maintenance are not required if they
pertain solely to Group 2 emission points, as defined in Sec. 63.111 of
subpart G of this part, that are not included in an emissions average.
(d) All reports required under subparts F, G, and H of this part
shall be sent to the Administrator at the addresses listed in Sec. 63.13
of subpart A of this part, except that requests for permission to use an
alternative means of compliance as provided for in Sec. 63.102(b) of
this subpart and application for approval of a nominal efficiency as
provided for in Sec. 63.150 (i)(1) through (i)(6) of subpart G of this
part shall be submitted to the Director of the EPA Office of Air Quality
Planning and Standards rather than to the Administrator or delegated
authority.
(1) Wherever subpart A of this part specifies ``postmark'' dates,
submittals may be sent by methods other than the U.S. Mail (e.g., by fax
or courier). Submittals shall be sent on or before the specified date.
(2) If acceptable to both the Administrator and the owner or
operator of a source, reports may be submitted on electronic media.
(e) The owner or operator of a chemical manufacturing process unit
which meets the criteria of Sec. 63.100(b)(1) and Sec. 63.100(b)(3), but
not the criteria of Sec. 63.100(b)(2), shall comply with the
requirements of either paragraph (e)(1) or (e)(2) of this section.
(1) Retain information, data, and analysis used to determine that
the chemical manufacturing process unit does not use as a reactant or
manufacture as a product or co-product any organic hazardous air
pollutant. Examples of information that could document this include, but
are not limited to, records of chemicals purchased for the process,
analyses of process stream composition, engineering calculations, or
process knowledge.
(2) When requested by the Administrator, demonstrate that the
chemical manufacturing process unit does not use as a reactant or
manufacture as a product or co-product any organic hazardous air
pollutant.
(f) To qualify for the exemption specified in Sec. 63.100(b)(4) of
this subpart, the owner or operator shall maintain the documentation of
the information required pursuant to Sec. 63.100(b)(4)(i), and
documentation of any update of this information requested by the EPA
Regional Office, and shall provide the documentation to the EPA Regional
[[Page 155]]
Office upon request. The EPA Regional Office will notify the owner or
operator, after reviewing such documentation, if the source does not
qualify for the exemption specified in Sec. 63.100(b)(4) of this
section. In such cases, compliance with subpart H shall be required no
later than 90 days after expiration of the applicable compliance date in
Sec. 63.100(k)(3), but in no event earlier than 90 days after the date
of such notification by the EPA Regional Office. Compliance with this
subpart F and subpart G of this part shall be no later than April 22,
1997, or as otherwise specified in Sec. 63.100(k)(2)(ii) of this
subpart, unless an extension has been granted by the EPA Regional Office
or permitting authority as provided in Sec. 63.6(i) of subpart A of this
part.
(g) An owner or operator who elects to use the compliance extension
provisions of Sec. 63.100(k)(6)(i) or (ii) shall submit a compliance
extension request to the appropriate EPA Regional Office no later than
45 days before the applicable compliance date in Sec. 63.100(k)(3), but
in no event is submittal required earlier than May 10, 1995. The request
shall contain the information specified in Sec. 63.100(k)(5)(iv) and the
reason compliance can not reasonably be achieved without a process unit
shutdown, as defined in 40 CFR 63.161 or without replacement of the
compressor or recasting of the distance piece.
(h) An owner or operator who elects to use the compliance extension
provisions of Sec. 63.100(k)(8) shall submit to the appropriate EPA
Regional Office a brief description of the process change, identify the
HAP eliminated, and the expected date of cessation of use or production
of HAP. The description shall be submitted no later than May 10, 1995,
or with the Notice of Compliance Status as required in Sec. 63.182(c) of
subpart H, whichever is later.
[59 FR 19454, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994;
60 FR 18024, Apr. 10, 1995; 62 FR 2733, Jan. 17, 1997; 63 FR 26082, May
12, 1998]
Sec. 63.104 Heat exchange system requirements.
(a) Unless one or more of the conditions specified in paragraphs
(a)(1) through (a)(6) of this section are met, owners and operators of
sources subject to this subpart shall monitor each heat exchange system
used to cool process equipment in a chemical manufacturing process unit
meeting the conditions of Sec. 63.100 (b)(1) through (b)(3) of this
subpart, except for chemical manufacturing process units meeting the
condition specified in Sec. 63.100(c) of this subpart, according to the
provisions in either paragraph (b) or (c) of this section. Whenever a
leak is detected, the owner or operator shall comply with the
requirements in paragraph (d) of this section.
(1) The heat exchange system is operated with the minimum pressure
on the cooling water side at least 35 kilopascals greater than the
maximum pressure on the process side.
(2) There is an intervening cooling fluid, containing less than 5
percent by weight of total hazardous air pollutants listed in table 4 of
this subpart, between the process and the cooling water. This
intervening fluid serves to isolate the cooling water from the process
fluid and the intervening fluid is not sent through a cooling tower or
discharged. For purposes of this section, discharge does not include
emptying for maintenance purposes.
(3) The once-through heat exchange system is subject to a National
Pollution Discharge Elimination System (NPDES) permit with an allowable
discharge limit of 1 part per million or less above influent
concentration or 10 percent or less above influent concentration,
whichever is greater.
(4) The once-through heat exchange system is subject to an NPDES
permit that:
(i) Requires monitoring of a parameter(s) or condition(s) to detect
a leak of process fluids into cooling water;
(ii) Specifies or includes the normal range of the parameter or
condition;
(iii) Requires monitoring for the parameters selected as leak
indicators no less frequently than monthly for the first six months and
quarterly thereafter; and
(iv) Requires the owner or operator to report and correct leaks to
the cooling water when the parameter or condition exceeds the normal
range.
(5) The recirculating heat exchange system is used to cool process
fluids that contain less than 5 percent by
[[Page 156]]
weight of total hazardous air pollutants listed in table 4 of this
subpart.
(6) The once-through heat exchange system is used to cool process
fluids that contain less than 5 percent by weight of total hazardous air
pollutants listed in table 9 of subpart G of this part.
(b) The owner or operator who elects to comply with the requirements
of paragraph (a) of this section by monitoring the cooling water for the
presence of one or more organic hazardous air pollutants or other
representative substances whose presence in cooling water indicates a
leak shall comply with the requirements specified in paragraphs (b)(1)
through (b)(6) of this section. The cooling water shall be monitored for
total hazardous air pollutants, total volatile organic compounds, total
organic carbon, one or more speciated HAP compounds, or other
representative substances that would indicate the presence of a leak in
the heat exchange system.
(1) The cooling water shall be monitored monthly for the first 6
months and quarterly thereafter to detect leaks.
(2)(i) For recirculating heat exchange systems (cooling tower
systems), the monitoring of speciated hazardous air pollutants or total
hazardous air pollutants refers to the hazardous air pollutants listed
in table 4 of this subpart.
(ii) For once-through heat exchange systems, the monitoring of
speciated hazardous air pollutants or total hazardous air pollutants
refers to the hazardous air pollutants listed in table 9 of subpart G of
this part.
(3) The concentration of the monitored substance(s) in the cooling
water shall be determined using any EPA-approved method listed in part
136 of this chapter as long as the method is sensitive to concentrations
as low as 10 parts per million and the same method is used for both
entrance and exit samples. Alternative methods may be used upon approval
by the Administrator.
(4) The samples shall be collected either at the entrance and exit
of each heat exchange system or at locations where the cooling water
enters and exits each heat exchanger or any combination of heat
exchangers.
(i) For samples taken at the entrance and exit of recirculating heat
exchange systems, the entrance is the point at which the cooling water
leaves the cooling tower prior to being returned to the process
equipment and the exit is the point at which the cooling water is
introduced to the cooling tower after being used to cool the process
fluid.
(ii) For samples taken at the entrance and exit of once-through heat
exchange systems, the entrance is the point at which the cooling water
enters and the exit is the point at which the cooling water exits the
plant site or chemical manufacturing process units.
(iii) For samples taken at the entrance and exit of each heat
exchanger or any combination of heat exchangers in chemical
manufacturing process units, the entrance is the point at which the
cooling water enters the individual heat exchanger or group of heat
exchangers and the exit is the point at which the cooling water exits
the heat exchanger or group of heat exchangers.
(5) A minimum of three sets of samples shall be taken at each
entrance and exit as defined in paragraph (b)(4) of this section. The
average entrance and exit concentrations shall then be calculated. The
concentration shall be corrected for the addition of any makeup water or
for any evaporative losses, as applicable.
(6) A leak is detected if the exit mean concentration is found to be
greater than the entrance mean using a one-sided statistical procedure
at the 0.05 level of significance and the amount by which it is greater
is at least 1 part per million or 10 percent of the entrance mean,
whichever is greater.
(c) The owner or operator who elects to comply with the requirement
of paragraph (a) of this section by monitoring using a surrogate
indicator of heat exchange system leaks shall comply with the
requirements specified in paragraphs (c)(1) through (c)(3) of this
section. Surrogate indicators that could be used to develop an
acceptable monitoring program are ion specific electrode monitoring, pH,
conductivity or other representative indicators.
(1) The owner or operator shall prepare and implement a monitoring
plan that documents the procedures that
[[Page 157]]
will be used to detect leaks of process fluids into cooling water. The
plan shall require monitoring of one or more surrogate indicators or
monitoring of one or more process parameters or other conditions that
indicate a leak. Monitoring that is already being conducted for other
purposes may be used to satisfy the requirements of this section. The
plan shall include the information specified in paragraphs (c)(1)(i) and
(c)(1)(ii) of this section.
(i) A description of the parameter or condition to be monitored and
an explanation of how the selected parameter or condition will reliably
indicate the presence of a leak.
(ii) The parameter level(s) or conditions(s) that shall constitute a
leak. This shall be documented by data or calculations showing that the
selected levels or conditions will reliably identify leaks. The
monitoring must be sufficiently sensitive to determine the range of
parameter levels or conditions when the system is not leaking. When the
selected parameter level or condition is outside that range, a leak is
indicated.
(iii) The monitoring frequency which shall be no less frequent than
monthly for the first 6 months and quarterly thereafter to detect leaks.
(iv) The records that will be maintained to document compliance with
the requirements of this section.
(2) If a substantial leak is identified by methods other than those
described in the monitoring plan and the method(s) specified in the plan
could not detect the leak, the owner or operator shall revise the plan
and document the basis for the changes. The owner or operator shall
complete the revisions to the plan no later than 180 days after
discovery of the leak.
(3) The owner or operator shall maintain, at all times, the
monitoring plan that is currently in use. The current plan shall be
maintained on-site, or shall be accessible from a central location by
computer or other means that provides access within 2 hours after a
request. If the monitoring plan is superseded, the owner or operator
shall retain the most recent superseded plan at least until 5 years from
the date of its creation. The superseded plan shall be retained on-site
(or accessible from a central location by computer or other means that
provides access within two hours after a request) for at least 6 months
after its creation.
(d) If a leak is detected according to the criteria of paragraph (b)
or (c) of this section, the owner or operator shall comply with the
requirements in paragraphs (d)(1) and (d)(2) of this section, except as
provided in paragraph (e) of this section.
(1) The leak shall be repaired as soon as practical but not later
than 45 calendar days after the owner or operator receives results of
monitoring tests indicating a leak. The leak shall be repaired unless
the owner or operator demonstrates that the results are due to a
condition other than a leak.
(2) Once the leak has been repaired, the owner or operator shall
confirm that the heat exchange system has been repaired within 7
calendar days of the repair or startup, whichever is later.
(e) Delay of repair of heat exchange systems for which leaks have
been detected is allowed if the equipment is isolated from the process.
Delay of repair is also allowed if repair is technically infeasible
without a shutdown and any one of the conditions in paragraph (e)(1) or
(e)(2) of this section is met. All time periods in paragraphs (e)(1) and
(e)(2) of this section shall be determined from the date when the owner
or operator determines that delay of repair is necessary.
(1) If a shutdown is expected within the next 2 months, a special
shutdown before that planned shutdown is not required.
(2) If a shutdown is not expected within the next 2 months, the
owner or operator may delay repair as provided in paragraph (e)(2)(i) or
(e)(2)(ii) of this section. Documentation of a decision to delay repair
shall state the reasons repair was delayed and shall specify a schedule
for completing the repair as soon as practical.
(i) If a shutdown for repair would cause greater emissions than the
potential emissions from delaying repair, the owner or operator may
delay repair until the next shutdown of the process equipment associated
with the leaking heat exchanger. The owner or operator
[[Page 158]]
shall document the basis for the determination that a shutdown for
repair would cause greater emissions than the emissions likely to result
from delaying repair as specified in paragraphs (e)(2)(i)(A) and
(e)(2)(i)(B) of this section.
(A) The owner or operator shall calculate the potential emissions
from the leaking heat exchanger by multiplying the concentration of
total hazardous air pollutants listed in table 4 of this subpart in the
cooling water from the leaking heat exchanger by the flowrate of the
cooling water from the leaking heat exchanger by the expected duration
of the delay. The owner or operator may calculate potential emissions
using total organic carbon concentration instead of total hazardous air
pollutants listed in table 4 of this subpart.
(B) The owner or operator shall determine emissions from purging and
depressurizing the equipment that will result from the unscheduled
shutdown for the repair.
(ii) If repair is delayed for reasons other than those specified in
paragraph (e)(2)(i) of this section, the owner or operator may delay
repair up to a maximum of 120 calendar days. The owner shall demonstrate
that the necessary parts or personnel were not available.
(f)(1) Required records. The owner or operator shall retain the
records identified in paragraphs (f)(1)(i) through (f)(1)(iv) of this
section as specified in Sec. 63.103(c)(1).
(i) Monitoring data required by this section indicating a leak and
the date when the leak was detected, and if demonstrated not to be a
leak, the basis for that determination;
(ii) Records of any leaks detected by procedures subject to
paragraph (c)(2) of this section and the date the leak was discovered;
(iii) The dates of efforts to repair leaks; and
(iv) The method or procedure used to confirm repair of a leak and
the date repair was confirmed.
(2) Reports. If an owner or operator invokes the delay of repair
provisions for a heat exchange system, the following information shall
be submitted in the next semi-annual periodic report required by
Sec. 63.152(c) of subpart G of this part. If the leak remains
unrepaired, the information shall also be submitted in each subsequent
periodic report, until repair of the leak is reported.
(i) The owner or operator shall report the presence of the leak and
the date that the leak was detected.
(ii) The owner or operator shall report whether or not the leak has
been repaired.
(iii) The owner or operator shall report the reason(s) for delay of
repair. If delay of repair is invoked due to the reasons described in
paragraph (e)(2) of this section, documentation of emissions estimates
must also be submitted.
(iv) If the leak remains unrepaired, the owner or operator shall
report the expected date of repair.
(v) If the leak is repaired, the owner or operator shall report the
date the leak was successfully repaired.
[62 FR 2733, Jan. 17, 1997]
Sec. 63.105 Maintenance wastewater requirements.
(a) Each owner or operator of a source subject to this subpart shall
comply with the requirements of paragraphs (b) through (e) of this
section for maintenance wastewaters containing those organic HAP's
listed in table 9 of subpart G of this part.
(b) The owner or operator shall prepare a description of maintenance
procedures for management of wastewaters generated from the emptying and
purging of equipment in the process during temporary shutdowns for
inspections, maintenance, and repair (i.e., a maintenance-turnaround)
and during periods which are not shutdowns (i.e., routine maintenance).
The descriptions shall:
(1) Specify the process equipment or maintenance tasks that are
anticipated to create wastewater during maintenance activities.
(2) Specify the procedures that will be followed to properly manage
the wastewater and control organic HAP emissions to the atmosphere; and
(3) Specify the procedures to be followed when clearing materials
from process equipment.
(c) The owner or operator shall modify and update the information
required by paragraph (b) of this section
[[Page 159]]
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]
Effective Date Note: At 68 FR 37344, June 23, 2003, Sec. 63.106 was
revised effective August 22, 2003. For the convenience of the user, the
revised text is set forth as follows:
Sec. 63.106 Implementation and enforcement.
(a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to a State,
local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
(c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
(1) Approval of alternatives to requirements in Secs. 63.100,
63.102, and 63.104. Where these standards reference another subpart, the
cited provisions will be delegated according to the delegation
provisions of the referenced subpart.
(2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required
in this subpart.
(3) Approval of major alternatives to monitoring under Sec. 63.8(f),
as defined in Sec. 63.90, and as required in this subpart.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.
Sec. 63.107 Identification of process vents subject to this subpart.
(a) The owner or operator shall use the criteria specified in this
Sec. 63.107 to determine whether there are any process vents associated
with an air oxidation reactor, distillation unit, or reactor that is in
a source subject to this subpart. A process vent is the point of
discharge to the atmosphere (or the point of entry into a control
device, if any) of a gas stream if the gas stream has the
characteristics specified in paragraphs (b) through (h) of this section,
or meets the criteria specified in paragraph (i) of this section.
(b) Some, or all, of the gas stream originates as a continuous flow
from an air oxidation reactor, distillation unit, or reactor during
operation of the chemical manufacturing process unit.
(c) The discharge to the atmosphere (with or without passing through
a control device) meets at least one of the conditions specified in
paragraphs (c)(1) through (3) of this section.
(1) Is directly from an air oxidation reactor, distillation unit, or
reactor; or
(2) Is from an air oxidation reactor, distillation unit, or reactor
after passing solely (i.e., without passing through any other unit
operation for a process purpose) through one or more recovery devices
within the chemical manufacturing process unit; or
(3) Is from a device recovering only mechanical energy from a gas
stream that comes either directly from an air oxidation reactor,
distillation unit, or
[[Page 160]]
reactor, or from an air oxidation reactor, distillation unit, or reactor
after passing solely (i.e., without passing through any other unit
operation for a process purpose) through one or more recovery devices
within the chemical manufacturing process unit.
(d) The gas stream contains greater than 0.005 weight percent total
organic HAP at the point of discharge to the atmosphere (or at the point
of entry into a control device, if any).
(e) The air oxidation reactor, distillation unit, or reactor is part
of a chemical manufacturing process unit that meets the criteria of
Sec. 63.100(b).
(f) The gas stream is in the gas phase from the point of origin at
the air oxidation reactor, distillation unit, or reactor to the point of
discharge to the atmosphere (or to the point of entry into a control
device, if any).
(g) The gas stream is discharged to the atmosphere either on-site,
off-site, or both.
(h) The gas stream is not any of the items identified in paragraphs
(h)(1) through (9) of this section.
(1) A relief valve discharge.
(2) A leak from equipment subject to subpart H of this part.
(3) A gas stream going to a fuel gas system as defined in
Sec. 63.101.
(4) A gas stream exiting a control device used to comply with
Sec. 63.113.
(5) A gas stream transferred to other processes (on-site or off-
site) for reaction or other use in another process (i.e., for chemical
value as a product, isolated intermediate, byproduct, or coproduct, or
for heat value).
(6) A gas stream transferred for fuel value (i.e., net positive
heating value), use, reuse, or for sale for fuel value, use, or reuse.
(7) A storage vessel vent or transfer operation vent subject to
Sec. 63.119 or Sec. 63.126.
(8) A vent from a waste management unit subject to Secs. 63.132
through 63.137.
(9) A gas stream exiting an analyzer.
(i) The gas stream would meet the characteristics specified in
paragraphs (b) through (g) of this section, but, for purposes of
avoiding applicability, has been deliberately interrupted, temporarily
liquefied, routed through any item of equipment for no process purpose,
or disposed of in a flare that does not meet the criteria in
Sec. 63.11(b), or an incinerator that does not reduce emissions of
organic HAP by 98 percent or to a concentration of 20 parts per million
by volume, whichever is less stringent.
[66 FR 6928, Jan. 22, 2001]
Table 1 to Subpart F of Part 63--Synthetic Organic Chemical
Manufacturing Industry Chemicals
------------------------------------------------------------------------
Chemical name a CAS No. b Group
------------------------------------------------------------------------
Acenaphthene............................ 83329 V
Acetal.................................. 105577 V
Acetaldehyde............................ 75070 II
Acetamide............................... 60355 II
Acetanilide............................. 103844 II
Acetic acid............................. 64197 II
Acetic anhydride........................ 108247 II
Acetoacetanilide........................ 102012 III
Acetone................................. 67641 I
Acetone cyanohydrin..................... 75865 V
Acetonitrile............................ 75058 I
Acetophenone............................ 98862 I
Acrolein................................ 107028 IV
Acrylamide.............................. 79061 I
Acrylic acid............................ 79107 IV
Acrylonitrile........................... 107131 I
Adiponitrile............................ 111693 I
Alizarin................................ 72480 V
Alkyl anthraquinones.................... 008 V
Allyl alcohol........................... 107186 I
Allyl chloride.......................... 107051 IV
Allyl cyanide........................... 109751 IV
Aminophenol sulfonic acid............... 0010 V
Aminophenol (p-)........................ 123308 I
Aniline................................. 62533 I
Aniline hydrochloride................... 142041 III
Anisidine (o-).......................... 90040 II
Anthracene.............................. 120127 V
Anthraquinone........................... 84651 III
Azobenzene.............................. 103333 I
Benzaldehyde............................ 100527 III
Benzene................................. 71432 I
Benzenedisulfonic acid.................. 98486 I
Benzenesulfonic acid.................... 98113 I
Benzil.................................. 134816 III
Benzilic acid........................... 76937 III
Benzoic acid............................ 65850 III
Benzoin................................. 119539 III
Benzonitrile............................ 100470 III
Benzophenone............................ 119619 I
Benzotrichloride........................ 98077 III
Benzoyl chloride........................ 98884 III
Benzyl acetate.......................... 140114 III
Benzyl alcohol.......................... 100516 III
Benzyl benzoate......................... 120514 III
Benzyl chloride......................... 100447 III
Benzyl dichloride....................... 98873 III
Biphenyl................................ 92524 I
Bisphenol A............................. 80057 III
Bis(Chloromethyl) Ether................. 542881 I
Bromobenzene............................ 108861 I
Bromoform............................... 75252 V
Bromonaphthalene........................ 27497514 IV
Butadiene (1,3-)........................ 106990 II
Butanediol (1,4-)....................... 110634 I
Butyl acrylate (n-)..................... 141322 V
Butylene glycol (1,3-).................. 107880 II
Butyrolactone........................... 96480 I
Caprolactam............................. 105602 II
[[Page 161]]
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-).
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[dprime]-).
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[dprime])........... 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
[[Page 162]]
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
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
[[Page 163]]
Tetraethylene- 112572 V
pentamine.
Tetrahydrofuran......................... 109999 I
Tetrahydronapthalene.................... 119642 IV
Tetrahydrophthalic anhydride............ 85438 II
Tetramethylene- 110601 II
diamine.
Tetramethylethylenediamine.............. 110189 V
Tetramethyllead......................... 75741 V
Toluene................................. 108883 I
Toluene 2,4 diamine..................... 95807 II
Toluene 2,4 diisocyanate................ 584849 II
Toluene diisocyanates (mixture)......... 26471625 II
Toluene sulfonic acids.................. 104154 III
Toluenesulfonyl chloride................ 98599 III
Toluidine (o-).......................... 95534 II
Trichloroaniline- 634935 III
(2,4,6-).
Trichlorobenzene (1,2,3-)............... 87616 V
Trichlorobenzene (1,2,4-)............... 120821 I
Trichloroethane 71556 II
(1,1,1-)
Trichloroethane (1,1,2-) (Vinyl 79005 II
trichloride).
Trichloroethylene....................... 79016 I
Trichlorofluoromethane.................. 75694 I
Trichlorophenol 95954 I
(2,4,5-).
(1,1,2-) Trichloro 76131 I
(1,2,2-) trifluoroethane.
Triethanolamine......................... 102716 I
Triethylamine........................... 121448 IV
Triethylene glycol...................... 112276 I
Triethylene glycol 112492 I
dimethyl ether.
Triethylene glycol monoethyl ether...... 112505 V
Triethylene glycol monomethyl ether..... 112356 I
Trimethylamine.......................... 75503 IV
Trimethylcyclohexanol................... 933482 IV
Trimethylcyclo- 2408379 IV
hexanone.
Trimethylcyclo- 34216347 V
hexylamine.
Trimethylolpropane...................... 77996 I
Trimethylpentane (2,2,4-)............... 540841 V
Tripropylene glycol..................... 24800440 V
Vinyl acetate........................... 108054 II
Vinyl chloride (Chloroethylene)......... 75014 I
Vinyl toluene........................... 25013154 III
Vinylcyclohexene (4-)................... 100403 II
Vinylidene chloride 75354 II
(1,1-dichloroethylene).
Vinyl(N-)-pyrrolidone(2-)............... 88120 V
Xanthates............................... 140896 V
Xylene sulfonic acid.................... 25321419 III
Xylenes (NOS) c......................... 1330207 I
Xylene (m-)............................. 108383 I
Xylene (o-)............................. 95476 I
Xylene (p-)............................. 106423 I
Xylenols (Mixed)........................ 1300716 V
Xylidene................................ 1300738 III
------------------------------------------------------------------------
a Isomer means all structural arrangements for the same number of atoms
of each element and does not mean salts, esters, or derivatives.
b CAS Number = Chemical Abstract Service number.
c NOS = not otherwise specified.
d No CAS number assigned.
[59 FR 19454, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994;
61 FR 31439, June 20, 1996; 63 FR 26082, May 12, 1998]
Table 2 to Subpart F of Part 63--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[dprime]-)............................ 91941
Dichloroethane (1,2-) (Ethylene dichloride) (EDC)........... 107062
Dichloroethylether (Bis(2-chloroethyl)ether)................ 111444
Dichloropropene (1,3-)...................................... 542756
Diethanolamine (2,2[dprime]-Iminodiethanol)................. 111422
Dimethylaniline (N,N-)...................................... 121697
Diethyl sulfate............................................. 64675
Dimethylbenzidine (3,3[dprime]-)............................ 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 164]]
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[dprime]-) (MDI)........ 101688
Methylenedianiline (4,4[dprime]-)........................... 101779
Naphthalene................................................. 91203
Naphthalene sulfonic acid ([alpha])......................... 85472
Naphthalene sulfonic acid ([beta]).......................... 120183
Naphthol ([alpha]).......................................... 90153
Naphthol ([beta])........................................... 135193
Naphtholsulfonic acid (1-).................................. 567180
Naphthylamine sulfonic acid (1,4-).......................... 84866
Naphthylamine sulfonic acid (2,1-).......................... 81163
Naphthylamine (1-).......................................... 134327
Naphthylamine (2-).......................................... 91598
Nitronaphthalene (1-)....................................... 86577
Nitrobenzene................................................ 98953
Nitrophenol (p-)............................................ 100027
Nitropropane (2-)........................................... 79469
Phenanthrene................................................ 85018
Phenol...................................................... 108952
Phenylenediamine (p-)....................................... 106503
Phosgene.................................................... 75445
Phthalic anhydride.......................................... 85449
Propiolactone (beta-)....................................... 57578
Propionaldehyde............................................. 123386
Propylene dichloride (1,2-Dichloropropane).................. 78875
Propylene oxide............................................. 75569
Pyrene...................................................... 129000
Quinone..................................................... 106514
Styrene..................................................... 100425
Tetrachloroethane (1,1,2,2-)................................ 79345
Tetrachloroethylene (Perchloroethylene)..................... 127184
Tetrahydronaphthalene....................................... 119642
Toluene..................................................... 108883
Toluene diamine (2,4-)...................................... 95807
Toluene diisocyanate (2,4-)................................. 584849
Toluidine (o-).............................................. 95534
Trichlorobenzene (1,2,4-)................................... 120821
Trichloroethane (1,1,1-) (Methyl chloroform)................ 71556
Trichloroethane (1,1,2-) (Vinyl trichloride)................ 79005
Trichloroethylene........................................... 79016
Trichlorophenol (2,4,5-).................................... 95954
Triethylamine............................................... 121448
Trimethylpentane (2,2,4-)................................... 540841
Vinyl acetate............................................... 108054
Vinyl chloride (Chloroethylene)............................. 75014
Vinylidene chloride (1,1-Dichloroethylene).................. 75354
Xylenes (NOS)............................................... 1330207
Xylene (m-)................................................. 108383
Xylene (o-)................................................. 95476
Xylene (p-)................................................. 106423
------------------------------------------------------------------------
a For all Listings above containing the word ``Compounds,'' the
following applies: Unless otherwise specified, these listings are
defined as including any unique chemical substance that contains the
named chemical (i.e., antimony, arsenic) as part of that chemical's
infrastructure.
b Isomer means all structural arrangements for the same number of atoms
of each element and does not mean salts, esters, or derivatives.
c CAS No.=Chemical Abstract Service number.
d Includes mono- and di- ethers of ethylene glycol, diethylene glycol,
and triethylene glycol R-(OCH2 CH2n-OR where:
n=1, 2, or 3;
R=alkyl or aryl groups; and
R[dprime]=R, H or groups which, when removed, yield glycol ethers
with the structure:
R-(OCH2 CH2n-OH
Polymers are excluded from the glycol category.
[62 FR 2735, Jan. 17, 1997]
Table 3 to Subpart F of Part 63--General Provisions Applicability to
Subparts F, G, and H\a\ to Subpart F
------------------------------------------------------------------------
Applies to subparts
Reference F, G, and H Comment
------------------------------------------------------------------------
63.1(a)(1)............. Yes................ Overlap clarified in Sec.
63.101, Sec. 63.111,
Sec. 63.161.
63.1(a)(2)............. Yes................
63.1(a)(3)............. Yes................ Sec. 63.110 and Sec.
63.160(b) of subparts G
and H identify which
standards are overridden.
63.1(a)(4)............. No................. Subpart F specifies
applicability of each
paragraph in subpart A to
subparts F, G, and H.
63.1 (a)(5)--(a)(9).... No.................
63.1(a)(10)............ No................. Subparts F, G, and H
specify calendar or
operating day.
63.1(a)(11)............ No................. Subpart F Sec. 63.103(d)
specifies acceptable
methods for submitting
reports.a
63.1 (a)(12)--(a)(14).. Yes................
63.1(b)(1)............. No................. Subpart F specifies
applicability.
63.1(b)(2)............. Yes................
63.1(b)(3)............. No.................
63.1(c)(1)............. No................. Subpart F specifies
applicability.
63.1(c)(2)............. No................. Area sources are not
subject to subparts F, G,
and H.
63.1(c)(3)............. No.................
63.1(c)(4)............. Yes................
63.1(c)(5)............. No................. Subparts G and H specify
applicable notification
requirements.
63.1(d)................ No.................
63.1(e)................ No................. Subparts F, G, and H
established before permit
program.
63.2................... Yes................ Subpart F Sec. 63.101(a)
specifies those subpart A
definitions that apply to
the HON. Subpart F
definition of ``source''
is equivalent to subpart
A definition of
``affected source.''
63.3................... No................. Units of measure are
spelled out in subparts
F, G, and H.
63.4 (a)(1)--(a)(3).... Yes................
63.4(a)(4)............. No................. This is a reserved
paragraph in subpart A of
part 63.
63.4(a)(5)............. Yes................
[[Page 165]]
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).
63.5(d)(2)............. No.................
63.5(d)(3)............. Yes--subpart G No-- Except Sec.
subpart H. 63.5(d)(3)(ii) does not
apply to subpart G.
63.5(d)(4)............. Yes................
63.5(e)................ Yes................
63.5(f)(1)............. Yes................
63.5(f)(2)............. Yes................ Except the cross-reference
to Sec. 63.5(d)(1) is
changed to Sec.
63.151(b)(2)(ii) of
subpart G and to Sec.
63.182(b)(2)(ii) of
subpart H. The cross-
reference to Sec.
63.5(b)(2) does not
apply.
63.6(a)................ Yes................
63.6(b)(1)............. No................. Subparts F and H specify
compliance dates for
sources subject to
subparts F, G, and H.
63.6(b)(2)............. No.................
63.6(b)(3)............. Yes................
63.6(b)(4)............. No................. May apply when standards
are proposed under
Section 112(f) of the
Clean Air Act.
63.6(b)(5)............. No................. Subparts G and H include
notification
requirements.
63.6(b)(6)............. No.................
63.6(b)(7)............. No.................
63.6(c)(1)............. No................. Subpart F specifies the
compliance dates for
subparts G and H.
63.6(c)(2)............. No.................
63.6(c)(3)............. No.................
63.6(c)(4)............. No.................
63.6(c)(5)............. Yes................
63.6(d)................ No.................
63.6(e)................ Yes................ Except as otherwise
specified for individual
paragraphs. Does not
apply to Group 2 emission
points unless they are
included in an emissions
average.b
63.6(e)(1)(i).......... No................. This is addressed by Sec.
63.102(a)(4) of subpart
F.
63.6(e)(1)(ii)......... Yes................
63.6(e)(1)(iii)........ Yes................
63.6(e)(2)............. Yes................
63.6(e)(3)(i).......... Yes................ For subpart H, the
startup, shutdown, and
malfunction plan
requirement of Sec.
63.6(e)(3)(i) is limited
to control devices
subject to the provisions
of subpart H and is
optional for other
equipment subject to
subpart H. The startup,
shutdown, and malfunction
plan may include written
procedures that identify
conditions that justify a
delay of repair.
63.6(e)(3)(i)(A)....... No................. This is addressed by Sec.
63.102(a)(4).
63.6(e)(3)(i)(B)....... Yes................
63.6(e)(3)(i)(C)....... Yes................
63.6(e)(3)(ii)......... Yes................
63.6(e)(3)(iii)........ No................. Recordkeeping and
reporting are specified
in Sec. 63.103(c)(2) of
subpart F and Sec.
63.152(d)(1) of subpart
G.
63.6(e)(3)(iv)......... No................. Recordkeeping and
reporting are specified
in Sec. 63.103(c)(2) of
subpart F and Sec.
63.152(d)(1) of subpart
G.
63.6(e)(3)(v).......... No................. Records retention
requirements are
specified in Sec.
63.103(c).
63.6(e)(3)(vi)......... Yes................
63.6(e)(3)(vii)........ Yes................
63.6(e)(3)(vii)(A)..... Yes................
63.6(e)(3)(vii)(B)..... Yes................ Except the plan must
provide for operation in
compliance with Sec.
63.102(a)(4).
63.6(e)(3)(vii)(C)..... Yes................
63.6(e)(3)(viii)....... Yes................
63.6(f)(1)............. No................. Sec. 63.102(a) of subpart
F specifies when the
standards apply.
63.6(f)(2)(i).......... Yes................
[[Page 166]]
63.6(f)(2)(ii)......... Yes--subpart G No-- Sec. 63.152(c)(2) of
subpart H. subpart G specifies the
use of monitoring data in
determining compliance
with subpart G.
63.6(f)(2)(iii) (A), Yes................
(B), and (C).
63.6(f)(2)(iii)(D)..... No.................
63.6(f)(2)(iv)......... Yes................
63.6(f)(2)(v).......... Yes................
63.6(f)(3)............. Yes................
63.6(g)................ No................. Procedures specified in
Sec. 63.102(b) of
subpart F.
63.6(h)................ No.................
63.6(i)(1)............. Yes................
63.6(i)(2)............. Yes................
63.6(i)(3)............. No................. For subpart G, Sec.
63.151(a)(6) specifies
procedures; for subpart
H, Sec. 63.182(a)(6)
specifies procedures.
63.6(i)(4)(i)(A)....... Yes................
63.6(i)(4)(i)(B)....... No................. Dates are specified in
Sec. 63.151(a)(6)(i) of
subpart G and Sec.
63.182(a)(6)(i) of
subpart H.
63.6(i)(4)(ii)......... No.................
63.6(i) (5)--(14)...... Yes................
63.6(i)(15)............ No.................
63.6(i)(16)............ Yes................
63.6(j)................ Yes................
63.7(a)(1)............. No................. Subparts F, G, and H
specify required testing
and compliance
demonstration procedures.
63.7(a)(2)............. No................. For subpart G, test
results must be submitted
in the Notification of
Compliance Status due 150
days after compliance
date, as specified in
Sec. 63.152(b); for
subpart H, all test
results subject to
reporting are reported in
periodic reports.
63.7(a)(3)............. Yes................
63.7(b)................ No.................
63.7(c)................ No.................
63.7(d)................ Yes................
63.7(e)(1)............. Yes................
63.7(e)(2)............. Yes................
63.7(e)(3)............. No................. Subparts F, G, and H
specify test methods and
procedures.
63.7(e)(4)............. Yes................
63.7(f)................ No................. Subparts F, G, and H
specify applicable
methods and provide
alternatives.
63.7(g)................ No................. Performance test reporting
specified in Sec.
63.152(b) of subpart G:
Not applicable to subpart
H because no performance
test required by subpart
H.
63.7(h)(1)............. Yes................
63.7(h)(2)............. Yes................
63.7(h)(3)............. No................. Sec. 63.103(b)(5) of
subpart F specifies
provisions for requests
to waive performance
tests.
63.7(h)(4)............. No.................
63.7(h)(5)............. Yes................
63.8(a)(1)............. Yes................
63.8(a)(2)............. No.................
63.8(a)(3)............. No.................
63.8(a)(4)............. Yes................
63.8(b)(1)............. Yes................
63.8(b)(2)............. No................. Subparts G and H specify
locations to conduct
monitoring.
63.8(b)(3)............. Yes................
63.8(c)(1)(i).......... Yes................
63.8(c)(1)(ii)......... No................. For subpart G, submit as
part of periodic report
required by Sec.
63.152(c); for subpart H,
retain as required by
Sec. 63.181(g)(2)(ii).
63.8(c)(1)(iii)........ Yes................
63.8(c)(2)............. Yes................
63.8(c)(3)............. Yes................
63.8(c)(4)............. No................. Subpart G specifies
monitoring frequency by
kind of emission point
and control technology
used (e.g., Sec. 63.111,
Sec. 63.120(d)(2), Sec.
63.143, and Sec.
63.152(f)); subpart H
does not require use of
continuous monitoring
systems.
63.8 (c)(5)-(c)(8)..... No.................
63.8(d)................ No.................
63.8(e)................ No.................
63.8 (f)(1)-(f)(3)..... Yes................
63.8(f)(4)(i).......... No................. Timeframe for submitting
request specified in Sec.
63.151(f) or (g) of
subpart G; not applicable
to subpart H because
subpart H specifies
acceptable alternative
methods.
63.8(f)(4)(ii)......... Yes................
63.8(f)(4)(iii)........ No.................
63.8(f)(5)(i).......... Yes................
63.8(f)(5)(ii)......... No.................
63.8(f)(5)(iii)........ Yes................
63.8(f)(6)............. No................. Subparts G and H do not
require continuous
emission monitoring.
63.8(g)................ No................. Data reduction procedures
specified in Sec.
63.152(f) and (g) of
subpart G; not applicable
to subpart H.
[[Page 167]]
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.
63.10(b)(3)............ No.................
63.10(c)............... No.................
63.10(d)(1)............ No.................
63.10(d)(2)............ No................. Sec. 63.152(b) of subpart
G specifies performance
test reporting; not
applicable to subpart H.
63.10(d)(3)............ No.................
63.10(d)(4)............ Yes................
63.10(d)(5)............ Yes................ Except that reports
required by Sec.
63.10(d)(5) shall be
submitted at the time
specified in Sec.
63.152(d) of subpart G
and in Sec. 63.182(d) of
subpart H.
63.10(e)............... No.................
63.10(f)............... Yes................
63.11-63.15............ Yes ...............
------------------------------------------------------------------------
a Wherever subpart A specifies ``postmark'' dates, submittals may be
sent by methods other than the U.S. Mail (e.g., by fax or courier).
Submittals shall be sent by the specified dates, but a postmark is not
necessarily required.
b The plan, and any records or reports of start-up, shutdown, and
malfunction do not apply to Group 2 emission points unless they are
included in an emissions average.
[62 FR 2737, Jan. 17, 1997]
Table 4 to Subpart F of Part 63--Organic Hazardous Air Pollutants
Subject to Cooling Tower Monitoring Requirements in Sec. 63.104
------------------------------------------------------------------------
CAS
Chemical name Number a
------------------------------------------------------------------------
Acetaldehyde................................................ 75070
Acetonitrile................................................ 75058
Acetophenone................................................ 98862
Acrolein.................................................... 107028
Acrylonitrile............................................... 107131
Allyl chloride.............................................. 107051
Aniline..................................................... 62533
Anisidine (o-).............................................. 90040
Benzene..................................................... 71432
Benzyl chloride............................................. 100447
Biphenyl.................................................... 92524
Bromoform................................................... 75252
Butadiene (1,3-)............................................ 106990
Carbon disulfide............................................ 75150
Carbon tetrachloride........................................ 56235
Chloroacetophenone (2-)..................................... 532274
Chlorobenzene............................................... 108907
2-Chloro-1,3-butadiene (Chloroprene)........................ 126998
Chloroform.................................................. 67663
Cresol and cresylic acid (o-)............................... 95487
Cresol and cresylic acid (m-)............................... 108394
Cresol and cresylic acid (p-)............................... 106445
Cumene...................................................... 98828
Dichlorobenzene (p-)........................................ 106467
Dichlorobenzidine (3,3[dprime]-)............................ 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
[[Page 168]]
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[dprime]-)........................... 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, wastewater streams, and in-process equipment subject to
Sec. 63.149 within a source subject to subpart F of this part.
(b) Overlap with other regulations for storage vessels. (1) After
the compliance dates specified in Sec. 63.100 of subpart F of this part,
a Group 1 or Group 2 storage vessel that is also subject to the
provisions of 40 CFR part 60, subpart Kb is required to comply only with
the provisions of this subpart.
(2) After the compliance dates specified in Sec. 63.100 of subpart F
of this part, a Group 1 storage vessel that is also subject to the
provisions of 40 CFR part 61, subpart Y is required to comply only with
the provisions of this subpart.
(3) After the compliance dates specified in Sec. 63.100 of subpart F
of this part, a Group 2 storage vessel that is also subject to the
provisions of 40 CFR part 61, subpart Y is required to comply only with
the provisions of 40 CFR part 61, subpart Y. The recordkeeping and
reporting requirements of 40 CFR part 61, subpart Y will be accepted as
compliance with the recordkeeping and reporting requirements of this
subpart.
(c) Overlap with other regulations for transfer racks. (1) After the
compliance dates specified in Sec. 63.100 of subpart F of this part, a
Group 1 transfer rack that is also subject to the provisions of 40 CFR
part 61, subpart BB is required to comply only with the provisions of
this subpart.
(2) After the compliance dates specified in Sec. 63.100 of subpart F
of this part, a Group 2 transfer rack that is also subject to the
provisions of 40 CFR part 61, subpart BB is required to comply with the
provisions of either paragraph (c)(2)(i) or (c)(2)(ii) of this subpart.
(i) If the transfer rack is subject to the control requirements
specified in Sec. 61.302 of 40 CFR part 61, subpart BB, then the
transfer rack is required to comply with the control requirements of
Sec. 61.302 of 40 CFR part 61, subpart BB. The owner or operator may
elect to comply with either the associated testing, monitoring,
reporting, and recordkeeping requirements of 40 CFR part 61, subpart BB
or with the testing, monitoring, recordkeeping, and reporting
requirements specified in this subpart for Group 1 transfer racks. The
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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.
(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,
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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;
(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
[[Page 171]]
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 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,
[[Page 172]]
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.
(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.
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(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
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).
(i) Alternative means of compliance--(1) Option to comply with part
65. Owners or operators of CMPU that are subject to Sec. 63.100 may
choose to comply with the provisions of 40 CFR part 65 for all Group 1
and Group 2 process vents, Group 1 storage vessels, Group 1 transfer
operations, and equipment that are subject to Sec. 63.100, that are part
of the CMPU. Other provisions applying to owners or operators who choose
to comply with 40 CFR part 65 are provided in 40 CFR 65.1. Group 1 and
Group 2 wastewater streams, Group 2 transfer operations, Group 2 storage
vessels, and in-process streams are not eligible to comply with 40 CFR
part 65 and must continue to comply with the requirements of this
subpart and subpart F of this part.
(i) For Group 1 and Group 2 process vents, 40 CFR part 65, subpart
D, satisfies the requirements of Secs. 63.102, 63.103, 63.112 through
63.118, 63.148, 63.151, and 63.152.
(ii) For Group 1 storage vessels, 40 CFR part 65, subpart C,
satisfies the requirements of Secs. 63.102, 63.103, 63.112, 63.119
through 63.123, 63.148, 63.151, and 63.152.
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(iii) For Group 1 transfer racks, 40 CFR part 65, subpart E,
satisfies the requirements of Secs. 63.102, 63.103, 63.112, 63.126
through 63.130, 63.148, 63.151, and 63.152.
(iv) For equipment, comply with Sec. 65.160(g).
(2) Part 63, subpart A. Owners or operators who choose to comply
with 40 CFR part 65 must also comply with the applicable general
provisions of this part 63 listed in table 1A of this subpart. All
sections and paragraphs of subpart A of this part that are not mentioned
in table 1A of this subpart do not apply to owners or operators who
choose to comply with 40 CFR part 65, except that provisions required to
be met prior to implementing 40 CFR part 65 still apply. Owners and
operators who choose to comply with a subpart of 40 CFR part 65 must
comply with 40 CFR part 65, subpart A.
[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; 65 FR 78284, Dec. 14, 2000; 66 FR 6929, Jan. 22, 2001]
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 pumps, compressors, agitators, pressure relief
devices, sampling connection systems, open-ended valves or
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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, and any
associated vacuum pump or steam jet.
[[Page 176]]
Duct work means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
Enhanced biological treatment system or enhanced biological
treatment process means an aerated, thoroughly mixed treatment unit(s)
that contains biomass suspended in water followed by a clarifier that
removes biomass from the treated water and recycles recovered biomass to
the aeration unit. The mixed liquor volatile suspended solids (biomass)
is greater than 1 kilogram per cubic meter throughout each aeration
unit. The biomass is suspended and aerated in the water of the aeration
unit(s) by either submerged air flow or mechanical agitation. A
thoroughly mixed treatment unit is a unit that is designed and operated
to approach or achieve uniform biomass distribution and organic compound
concentration throughout the aeration unit by quickly dispersing the
recycled biomass and the wastewater entering the unit.
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 vent stream
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, is less than or equal
to 1.0.
Group 2 process vent means a process vent for which the vent stream
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, 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.
[[Page 177]]
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 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
[[Page 178]]
the ambient temperature, as determined:
(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 or 96 (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.
Point of transfer means:
(1) If the transfer is to an off-site location for control, the
point where the conveyance crosses the property line; or
(2) If the transfer is to an on-site location not owned or operated
by the owner or operator of the source, the point where the conveyance
enters the operation or equipment of the transferee.
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)
[[Page 179]]
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 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:
[[Page 180]]
(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 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
[[Page 181]]
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.
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 the gas
stream flowing through the process vent.
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; 63 FR
67792, Dec. 9, 1998; 65 FR 62215, Oct. 17, 2000; 66 FR 6929, Jan. 22,
2001]
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 = 0.02[Sigma] EPV1 + [Sigma] EPV2 +
0.05[Sigma] ES1 + [Sigma] ES2 + 0.02[Sigma]
ETR1 + [Sigma] ETR2 + [Sigma] EWW1C
+ [Sigma] EWW2
where:
EA = Emission rate, megagrams per year, allowed for the
source.
0.02[Sigma] EPV1 = Sum of the residual emissions, megagrams
per year, from all Group 1 process vents, as defined in Sec. 63.111 of
this subpart.
[[Page 182]]
[Sigma] EPV2 = Sum of the emissions, megagrams per year, from
all Group 2 process vents as defined in Sec. 63.111 of this subpart.
0.05[Sigma] ES1 = Sum of the residual emissions, megagrams
per year, from all Group 1 storage vessels, as defined in Sec. 63.111 of
this subpart.
[Sigma] ES2 = Sum of the emissions, megagrams per year, from
all Group 2 storage vessels, as defined in Sec. 63.111 of this subpart.
0.02[Sigma] ETR1 = Sum of the residual emissions, megagrams
per year, from all Group 1 transfer racks, as defined in Sec. 63.111 of
this subpart.
[Sigma] ETR2 = Sum of the emissions, megagrams per year, from
all Group 2 transfer racks, as defined in Sec. 63.111 of this subpart.
[Sigma] 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.
[Sigma] 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 183]]
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),
(2), or (3) of this section. The owner or operator who transfers a gas
stream that has the characteristics specified in Sec. 63.107 (b) through
(h) or meets the criteria specified in Sec. 63.107(i) to an off-site
location or an on-site location not owned or operated by the owner or
operator of the source for disposal shall comply with the requirements
of paragraph (i) 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
[[Page 184]]
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.
(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 process 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 vent streams from Group 1 process vents that are
combusted shall be controlled according to paragraph (c)(1) or (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 gas stream
exiting the combustion device shall be conveyed to a halogen reduction
device, such as 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
value greater than 4.0 shall maintain a TRE index value greater than
4.0, comply with the provisions for calculation of a TRE index value in
Sec. 63.115 and the reporting and recordkeeping provisions in
Secs. 63.117(b) and 63.118(c) and (h), and
[[Page 185]]
is not subject to monitoring or any other provisions of Secs. 63.114
through 63.118.
(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 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 total
organic HAP concentration less than 50 parts per million by volume shall
maintain a total organic HAP concentration less than 50 parts per
million by volume; comply with the Group determination procedures in
Sec. 63.115(a), (c), and (e); the reporting and recordkeeping
requirements in Secs. 63.117(d) and 63.118(e) and (j); and is not
subject to monitoring or any other provisions of Secs. 63.114 through
63.118.
(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.
(i) Off-site control or on-site control not owned or operated by the
source. This paragraph (i) applies to gas streams that have the
characteristics specified in Sec. 63.107(b) through (h) or meet the
criteria specified in Sec. 63.107(i); that are transferred for disposal
to an on-site control device (or other compliance equipment) not owned
or operated by the owner or operator of the source generating the gas
stream, or to an off-site control device or other compliance equipment;
and that have the characteristics (e.g., flow rate, total organic HAP
concentration, or TRE index value) of a Group 1 process vent, determined
at the point of transfer.
(1) The owner or operator transferring the gas stream shall:
(i) Comply with the provisions specified in Sec. 63.114(d) for each
gas stream prior to transfer.
(ii) Notify the transferee that the gas stream contains organic
hazardous air pollutants that are to be treated in accordance with the
provisions of this subpart. The notice shall be submitted to the
transferee initially and whenever there is a change in the required
control.
(2) The owner or operator may not transfer the gas stream unless the
transferee has submitted to the EPA a written certification that the
transferee will manage and treat any gas stream transferred under this
paragraph (i) and received from a source subject to the requirements of
this subpart in accordance with the requirements of either Secs. 63.113
through 63.118, or Sec. 63.102(b), 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 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 (i). Upon expiration
of the notice period, the owner or operator may not transfer the gas
stream to the transferee. Records retained by the transferee shall be
retained in accordance with Sec. 63.103(c).
(3) By providing this written certification to EPA, the certifying
entity accepts responsibility for compliance with the regulatory
provisions listed in paragraph (i)(2) of this section with respect to
any transfer covered by the written certification. Failure to abide by
any of those provisions with respect to such transfers may result in
enforcement action by EPA against 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 EPA from the
transferees of such gas streams shall be signed by a responsible
official of the certifying entity, provide the name and address of the
certifying entity, and be sent to the appropriate EPA Regional Office at
the addresses listed in Sec. 63.13.
[[Page 186]]
Such written certifications are not transferable by the transferee.
[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2745, Jan. 17, 1997; 66
FR 6929, Jan. 22, 2001]
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. This requirement does not apply to gas
streams that are introduced with primary fuel or are used as the primary
fuel.
(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 flow rate shall be
determined using one of the procedures specified in paragraphs
(a)(4)(ii)(A) through (C) of this section.
(A) The owner or operator may determine gas flow rate using the
design blower capacity, with appropriate adjustments for pressure drop.
(B) If the scrubber is subject to rules 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), the owner or operator may determine gas flow rate by the
method that had been utilized to comply with those rules. 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 flow rate
determination plan that documents an appropriate method which will be
used to determine the gas flow rate. The plan shall require
determination of gas flow rate by a method which will at least provide a
value for either a representative or the highest gas flow rate
anticipated in the scrubber during representative operating conditions
other than startups, 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 flow rate,
and a description of the records that will be maintained to document the
determination of gas flow rate. 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
[[Page 187]]
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 shall comply with
paragraph (d)(1) or (2) of this section for any bypass line between the
origin of the gas stream (i.e., at an air oxidation reactor,
distillation unit, or reactor as identified in Sec. 63.107(b)) and the
point where the gas stream reaches the process vent, as described in
Sec. 63.107, that could divert the gas stream directly to the
atmosphere. 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 (d).
(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. 63.118(a)(3). The flow indicator shall be
installed at the entrance to any bypass line that could divert the gas
stream 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 gas 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
[[Page 188]]
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; 66
FR 6930, Jan. 22, 2001]
Sec. 63.115 Process vent provisions--methods and procedures for process vent group determination.
(a) For purposes of determining vent stream flow rate, total organic
HAP 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 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 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 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.
[[Page 189]]
(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 vent stream.
(ii) The 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 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 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.
(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
vent stream concentration of each organic compound or, alternatively, as
if all TOC in the vent stream were the compound with the highest heating
value.
[[Page 190]]
(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, 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 (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 degrees Celcius, 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 vent stream volumetric flow shall
be corrected to 2.3 percent moisture.
(ii) The molar composition of the 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 vent stream.
(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, 1.740x10-7 (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
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, 2.494x10-6 (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.
[[Page 191]]
(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, 2.494x10-6 (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:
[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
[[Page 192]]
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.
(f) Notwithstanding any other provisions of this subpart, in any
case where a process vent includes one or more gas streams that are not
from a source subject to this subpart (hereafter called ``non-HON
streams'' for purposes of this paragraph), and one or more gas streams
that meet the criteria in Sec. 63.107(b) through (h) or the criteria in
Sec. 63.107(i) (hereafter called ``HON streams'' for purposes of this
paragraph), the owner or operator may elect to comply with paragraphs
(f)(1) through (3) of this section.
(1) The owner or operator may determine the characteristics (flow
rate, total organic HAP concentration, and TRE index value) for each HON
stream, or combination of HON streams, at a representative point as near
as practical to, but before, the point at which it is combined with one
or more non-HON streams.
(2) If one or more of the HON streams, or combinations of HON
streams, has the characteristics (determined at the location specified
in paragraph (f)(1) of this section) associated with a Group 1 process
vent, the combined vent stream is a Group 1 process vent. Except as
specified in paragraph (f)(3) of this section, if none of the HON
streams, or combinations of HON streams, when determined at the location
specified in paragraph (f)(1) of this section, has the characteristics
associated with a Group 1 process vent, the combined vent stream is a
Group 2 process vent regardless of the TRE index value determined at the
location specified in Sec. 63.115(a). If the combined vent stream is a
Group 2 process vent as determined by the previous sentence, but one or
more of the HON streams, or combinations of HON streams, has a TRE index
value greater than 1 but less than or equal to 4, the combined vent
stream is a process vent with a TRE index value greater than 1 but less
than or equal to 4. In this case, the owner or operator shall monitor
the combined vent stream as required by Sec. 63.114(b).
(3) Paragraphs (f)(1) and (2) of this section are not intended to
apply instead of any other subpart of this part. If another subpart of
this part applies to one or more of the non-HON streams contributing to
the combined vent stream, that subpart may impose emission control
requirements such as, but not limited to, requiring the combined
[[Page 193]]
vent stream to be classified and controlled as a Group 1 process vent.
[59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2746, Jan. 17, 1997; 66
FR 6931, Jan. 22, 2001]
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), the owner
or operator shall comply with paragraphs (a)(1) through (3) of this
section. The owner or operator is not required to conduct a performance
test to determine percent emission reduction or outlet organic HAP or
TOC concentration.
(1) Conduct a visible emission test using the techniques specified
in Sec. 63.11(b)(4).
(2) Determine the net heating value of the gas being combusted using
the techniques specified in Sec. 63.11(b)(6).
(3) Determine the exit velocity using the techniques specified in
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where applicable)
or Sec. 63.11(b)(8), as appropriate.
(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 gas 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 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.
(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.
[[Page 194]]
(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
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 the following equation:
[GRAPHIC] [TIFF OMITTED] TR26AP99.003
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.
%02d=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
[[Page 195]]
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.
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 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 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
[[Page 196]]
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 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; 64
FR 20191, Apr. 26, 1999; 66 FR 6931, Jan. 22, 2001]
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 process vents in Sec. 63.113(a) or the provisions for Group 2
process vents with a TRE index value greater than 1.0 but less than or
equal to 4.0 in Sec. 63.113(d) 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 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) at the
outlet of
[[Page 197]]
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.
(6) Record and report the following when using a scrubber following
a combustion device to control a halogenated 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 vent stream
determined according to the procedures specified in
Sec. 63.115(d)(2)(v).
(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; 66
FR 6932, Jan. 22, 2001]
[[Page 198]]
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, 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) was operating and whether a diversion was detected at
any time during the hour, as well as records of the times and durations
of all periods when the gas stream is diverted to the atmosphere 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) that increase
the organic HAP concentration of the vent stream,
[[Page 199]]
(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 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 gas stream is diverted to the
atmosphere 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) 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
[[Page 200]]
(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 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; 66
FR 6932, Jan. 22, 2001]
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
[[Page 201]]
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 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
[[Page 202]]
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 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
[[Page 203]]
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 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
[[Page 204]]
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.
(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
[[Page 205]]
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.
(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
[[Page 206]]
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.
(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
[[Page 207]]
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.
(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
[[Page 208]]
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.
(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
[[Page 209]]
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 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
[[Page 210]]
(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 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
[[Page 211]]
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]
(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,
[[Page 212]]
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.
(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
[[Page 213]]
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 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
[[Page 214]]
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.
(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
[[Page 215]]
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 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
[[Page 216]]
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
(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
[[Page 217]]
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.
(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.
[[Page 218]]
(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.
(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.
[[Page 219]]
(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 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
[[Page 220]]
and shall be computed for each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.212
where:
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=FKVs CT
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:
[GRAPHIC] [TIFF OMITTED] TR22AP94.214
[[Page 221]]
[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), the owner
or operator shall comply with paragraphs (b)(1) through (3) of this
section. The owner or operator is not required to conduct a performance
test to determine percent emission reduction or outlet organic HAP or
TOC concentration.
(1) Conduct a visible emission test using the techniques specified
in Sec. 63.11(b)(4). The observation period shall be as specified in
paragraph (b)(1)(i) or (ii) of this section instead of the 2-hour period
specified in Sec. 63.11(b)(4).
(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) Determine the net heating value of the gas being combusted,
using the techniques specified in Sec. 63.11(b)(6).
(3) Determine the exit velocity using the techniques specified in
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where applicable)
or Sec. 63.11(b)(8), as appropriate.
(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.
[[Page 222]]
(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 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:
[[Page 223]]
(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
1B2.5 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 minimum residence time
of 0.5 seconds and a minimum temperature of 760 degrees Celsius 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 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; 66 FR 6932, Jan. 22, 2001]
[[Page 224]]
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) The percent reduction of total organic HAP or TOC achieved by
the control device determined as specified in Sec. 63.128(a) of this
subpart, or the concentration of total organic HAP or TOC (parts per
million by volume, by compound) determined as specified in
Sec. 63.128(a) of this subpart at the outlet of the control device. 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
[[Page 225]]
of Compliance Status or the operating permit application or amendment.
(d) Each owner or operator shall maintain a record describing in
detail 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; 64 FR 20191, Apr. 26, 1999]
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.
[[Page 226]]
(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 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)(i) 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; 66
FR 6932, Jan. 22, 2001]
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.
[[Page 227]]
(1) 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
(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 for table 9 compounds, comply with the
applicable recordkeeping and reporting requirements specified in
Secs. 63.146(b)(1) and 63.147(b)(8).
(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.
[[Page 228]]
(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.
(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 applicable recordkeeping and reporting requirements specified
in Secs. 63.146(b)(1) and 63.147(b)(8).
(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
[[Page 229]]
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 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
[[Page 230]]
with respect to any shipment of wastewater or residual covered by the
written certification. Failure to abide by any of those provisions with
respect to such shipments may result in enforcement action by the EPA
against the certifying entity in accordance with the enforcement
provisions applicable to violations of these provisions by owners or
operators of sources.
(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, as amended at 66 FR 6933, Jan. 22, 2001]
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.
[[Page 231]]
(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 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
[[Page 232]]
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 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 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.
[62 FR 2753, Jan. 17, 1997, as amended at 64 FR 20191, Apr. 26, 1999]
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
[[Page 233]]
both organic permeability properties that are equivalent to those of the
material listed in paragraph (b)(2)(ii)(A) 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 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, as amended at 64 FR 20191, Apr. 26, 1999]
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
[[Page 234]]
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 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
[[Page 235]]
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 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
[[Page 236]]
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 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
[[Page 237]]
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
(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
[[Page 238]]
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.
(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
[[Page 239]]
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 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.
[[Page 240]]
(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 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
[[Page 241]]
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 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
[[Page 242]]
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 with either paragraph
(i)(1) or (2) of this section, and complies with paragraph (i)(3) 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. The owner or operator who meets the requirements of
this paragraph (i)(1) is exempt from the requirements of Secs. 63.133
through 63.137.
(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)(3) 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.) When determining the total source
mass flow rate for the purposes of paragraph (i)(2)(i)(B) of this
section, the concentration and flow rate shall be determined at the
location specified in paragraph (i)(2)(i)(B) of this section and not at
the location specified in Sec. 63.144(b) and (c).
(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.
[[Page 243]]
(iii) The owner or operator of each waste management unit that
receives, manages, or treats a partially treated wastewater stream prior
to or during treatment shall comply with the requirements of
Secs. 63.133 through 63.137, as applicable. For a partially treated
wastewater stream that is stored, conveyed, treated, or managed in a
waste management unit meeting the requirements of Secs. 63.133 through
63.137, the owner or operator shall follow the procedures in paragraph
(i)(2)(i)(B) of this section to calculate mass flow rate. A wastewater
stream, either untreated or partially treated, where the mass flow rate
has been calculated following the procedures in paragraph (i)(2)(i)(A)
of this section, is exempt from the requirements of Secs. 63.133 through
63.137.
(3) 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 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, as amended at 66 FR 6933, Jan. 22, 2001]
Sec. 63.139 Process wastewater provisions--control devices.
(a) For each control device or combination of control devices used
to
[[Page 244]]
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 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
[[Page 245]]
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 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, and
from the requirements of paragraph (e) of this section.
(i) A boiler or process heater with a design heat input capacity of
44 megawatts or greater.
[[Page 246]]
(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, as amended at 64 FR 20192, Apr. 26, 1999]
Sec. 63.140 Process wastewater provisions--delay of repair.
(a) Delay of repair of equipment for which a control equipment
failure or a gap, crack, tear, or hole has been identified, is allowed
if the repair is technically infeasible without a shutdown, as defined
in Sec. 63.101 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(b)(7) to
document the reasons that the delay of repair was necessary.
[62 FR 2762, Jan. 17, 1997, as amended at 66 FR 6933, Jan. 22, 2001]
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
[[Page 247]]
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 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
[[Page 248]]
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 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
[[Page 249]]
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
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
[[Page 250]]
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 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.
[[Page 251]]
(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 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]
[[Page 252]]
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 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
[[Page 253]]
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 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.
[[Page 254]]
(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 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.)
[[Page 255]]
(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 measurement
devices, respectively. 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 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.
[rho]=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:
[[Page 256]]
[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 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
[[Page 257]]
Where:
QMWa=Mass flow rate of Table 8 or Table 9 compounds entering
the combustion unit, kilograms per hour.
[rho]=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 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:
(Eqn WW5) [Reserved]
[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, 41.57x10-9 (parts per
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram), where standard temperature (gram-mole per standard cubic meter)
is 20 deg.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.
[[Page 258]]
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.
[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,
[[Page 259]]
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 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.
[rho]=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.
[rho]=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.
[[Page 260]]
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 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-
[[Page 261]]
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 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.
[rho]=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 262]]
[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 two 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 and 2 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. If a biological treatment process does not
meet the requirement specified in paragraph (h)(1)(i) 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)(ii) of this section. If a biological treatment process
meets the requirements of paragraph (h)(1)(i) of this section but does
not meet the requirement specified 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) of this section.
[[Page 263]]
(i) Enhanced biological treatment processes. If the biological
treatment process meets the definition of ``enhanced biological
treatment process'' in Sec. 63.111 of this subpart and the wastewater
streams include one or more compounds on list 2 of table 36 of this
subpart that do not meet the criteria in paragraph (h)(1)(ii) of this
section, 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) Biological treatment processes that are not enhanced biological
treatment processes. For biological treatment processes that do not meet
the definition for ``enhanced biological treatment process'' in
Sec. 63.111 of this subpart, the owner or operator shall determine the
fbio for the list 1 and 2 compounds using any of the
procedures in appendix C to part 63, except procedure 3 (inlet and
outlet concentration measurements). (The symbol ``fbio''
represents the site specific fraction of an individual Table 8 or Table
9 compound that is biodegraded.)
(i) 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.
(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 for each run using the following equation:
[[Page 264]]
[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 shall be summed using Equations WW16 and WW17.
[GRAPHIC] [TIFF OMITTED] TR17JA97.016
[[Page 265]]
[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, 41.57x10-9 (parts per
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram), where standard temperature (gram-mole per standard cubic meter)
is 20 deg.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) When a flare is used to comply with Sec. 63.139(c), the owner or
operator shall comply with paragraphs (j)(1) through (3) of this
section. The owner or operator is not required to conduct a performance
test to determine percent emission reduction or outlet organic HAP or
TOC concentration.
(1) Conduct a visible emission test using the techniques specified
in Sec. 63.11(b)(4).
(2) Determine the net heating value of the gas being combusted using
the techniques specified in Sec. 63.11(b)(6).
(3) Determine the exit velocity using the techniques specified in
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where applicable)
or Sec. 63.11(b)(8), as appropriate.
[62 FR 2765, Jan. 17, 1997, as amended at 63 FR 67793, Dec. 9, 1998; 64
FR 20192, Apr. 26, 1999; 66 FR 6933, Jan. 22, 2001]
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
[[Page 266]]
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) Requirements for Group 2 wastewater streams. This paragraph does
not apply to Group 2 wastewater streams that are used to comply with
Sec. 63.138(g). For Group 2 wastewater streams, the owner or operator
shall include the information specified in paragraphs (b)(1)(i) through
(iv) of this section in the Notification of Compliance Status Report.
This information may be submitted in any form. Table 15 of this subpart
is an example.
(i) Process unit identification and description of the process unit.
(ii) Stream identification code.
(iii) For existing sources, concentration of table 9 compound(s) in
parts per million, by weight. For new sources, concentration of table 8
and/or table 9 compound(s) in parts per million, by weight. Include
documentation of the methodology used to determine concentration.
(iv) Flow rate in liter per minute.
(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), (c)(1), (d), (e), (f), or (g) 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
[[Page 267]]
(b)(8)(i)(B) of this section. An owner or operator using the design
steam stripper compliance option specified Sec. 63.138(d) of this
subpart does not have to submit the information specified in paragraph
(b)(8)(i)(A) or (b)(8)(i)(B) of this section. However, the monitoring
requirements specified in Item 2 of table 12 of this subpart still
apply.
(A) The information on parameter ranges specified in
Sec. 63.152(b)(2) of this subpart for the parameters approved by 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) For each waste management unit or treatment process used to
comply with Sec. 63.138(b)(1), (c)(1), (e), (f), or (g), the owner or
operator shall submit the information specified in either paragraph
(b)(9)(i) or (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.
(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), (d),
(e) , (f), or (g), 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), (2), and (3) of this section for the
monitoring required by Sec. 63.143(b), (c), and (d).
(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
[[Page 268]]
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 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, as amended at 64 FR 20192, Apr. 26, 1999; 66
FR 6933, Jan. 22, 2001]
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 (8) of the
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 3 of table 12 of this subpart, the owner or
operator shall keep the records approved by the Administrator.
(5) Except as provided in paragraph (e) of this section, continuous
records of the monitored parameters specified in Item 2 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.
(8) Requirements for Group 2 wastewater streams. This paragraph
(b)(8) does not apply to Group 2 wastewater streams that are used to
comply with Sec. 63.138(g). For all other Group 2 wastewater streams,
the owner or operator shall keep in a readily accessible location the
records specified in paragraphs (b)(8)(i) through (iv) of this section.
(i) Process unit identification and description of the process unit.
(ii) Stream identification code.
(iii) For existing sources, concentration of table 9 compound(s) in
parts per million, by weight. For new sources, concentration of table 8
and/or table 9 compound(s) in parts per million, by weight. Include
documentation of the methodology used to determine concentration.
(iv) Flow rate in liter per minute.
(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.
[[Page 269]]
(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)
through (3) 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) Regenerative carbon adsorbers. For regenerative carbon
adsorbers, the owner or operator shall keep the records specified in
paragraphs (d)(2)(i) and (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.
(3) Non-regenerative carbon adsorbers. For non-regenerative carbon
adsorbers using organic monitoring equipment, the owner or operator
shall keep the records specified in paragraph (d)(3)(i) of this section
instead of daily averages. For non-regenerative carbon adsorbers
replacing the carbon adsorption system with fresh carbon at a regular
predetermined time interval that is less than the carbon replacement
interval that is determined by the maximum design flow rate and organic
concentration in the gas stream vented to the carbon adsorption system,
the owner or operator shall keep the records specified in paragraph
(d)(3)(ii) of this section instead of daily averages.
(i)(A) Record of how the monitoring frequency, as specified in table
13 of this subpart, was determined.
(B) Records of when organic compound concentration of adsorber
exhaust was monitored.
(C) Records of when the carbon was replaced.
(ii)(A) Record of how the carbon replacement interval, as specified
in table 13 of this subpart, was determined.
(B) Records of when the carbon was replaced.
(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 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, as amended at 64 FR 20192, Apr. 26, 1999; 66
FR 6933, Jan. 22, 2001]
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:
[[Page 270]]
(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 conduct initial visual inspections and semi-annual visual
inspections for visible, audible, or olfactory indications of leaks as
specified in Secs. 63.133 through 63.137 of this subpart.
(c) Each vapor collection system and closed vent system 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 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 (c)(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
[[Page 271]]
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, 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
[[Page 272]]
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 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; 64 FR 20192, Apr. 26, 1999]
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
[[Page 273]]
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. Notwithstanding the definition of process vent
in Sec. 63.101 and the sampling site designation in Sec. 63.115(a), for
purposes of this section the location of a process vent shall be
defined, and the characteristics of its gas stream shall be determined,
consistent with paragraph (g)(2)(i) of this section.
(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 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
[[Page 274]]
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 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.
[[Page 275]]
(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:
[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
[[Page 276]]
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 according to
paragraphs (g)(2)(i) through (iii) of this section.
(i) The location of a process vent shall be defined, and the
characteristics of its gas stream shall be determined at a point that
meets the conditions in either paragraph (g)(2)(i)(A) or (B) of this
section and the conditions in paragraphs (g)(2)(i)(C) through (E) of
this section.
(A) The point is after the final recovery device (if any recovery
devices are present).
(B) If a gas stream included in an emissions average is combined
with one or more other gas streams after a final recovery device (if any
recovery devices are present), then for each gas stream, the point is at
a representative point after any final recovery device and as near as
feasible to, but before, the point of combination of the gas streams.
(C) The point is before any control device (for process vents,
recovery devices shall not be considered control devices).
(D) The point is before discharge to the atmosphere.
(E) The measurement site for determination of the characteristics of
the gas stream was selected using Method 1 or 1A of 40 CFR part 60,
appendix A.
(ii) The following equation shall be used for each process vent i to
calculate EPViu:
[GRAPHIC] [TIFF OMITTED] TR22AP94.246
where:
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,
[[Page 277]]
[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, 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
recovery device. However, as provided in Sec. 63.113(a)(3), a Group 1
process vent may add sufficient 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 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.
[Delta] 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 [ge]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.
[[Page 278]]
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,
[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.
[[Page 279]]
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.
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:
[[Page 280]]
[GRAPHIC] [TIFF OMITTED] TR22AP94.261
where:
Ks=Seal factor, pound-mole per [foot (miles per
hour)N year], see table 29 of this subpart.
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.
(iii) The following equation shall be used for each transfer rack i
to calculate the weighted average rack molecular weight:
[[Page 281]]
[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:
[GRAPHIC] [TIFF OMITTED] TR26AP99.004
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 table 9 HAP in wastewater stream i.
Frm = Fraction removed of table 9 HAP m in wastewater, from
table 9, dimensionless.
Fem = Fraction emitted of table 9 HAP m in wastewater, from
table 34, dimensionless.
HAPim = Average concentration of table 9 HAP m in wastewater
stream i, parts per million by weight.
(A) HAPim shall be determined for the point of
determination or, at a location downstream of the point of determination
and adjusted according as specified in Sec. 63.144(b)(6) of this
subpart, by developing and using the sampling plan specified in
Sec. 63.144(b)(5)(ii) of this subpart. The samples collected may be
analyzed by any of the methods specified in Sec. 63.144(b)(5)(i)(B)
through (b)(5)(i)(F) of this subpart. Concentration measurements based
on Method
[[Page 282]]
305 shall be adjusted by dividing each concentration by the compound-
specific Fm factor listed on table 34 of this subpart. Concentration
measurements other than Method 305 shall not be adjusted by the
compound-specific Fm factor listed in table 34 of this subpart.
(B) Values for Qi, HAPim, and Cim
shall be determined during a performance test conducted under
representative conditions as specified in Sec. 63.145(a)(3) and (a)(4)
of this subpart. 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 of this subpart, as applicable, which specify equipment
and work practices for suppressing and controlling vapors.
Qi, Hi, s, Fem, and HAPim
are as defined and determined according to paragraph (g)(5)(i) of this
section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.005
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.
(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 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). Qi,
Hi, s, Fem, and HAPim are as defined
and determined according to paragraph (g)(5)(i) of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.006
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 table 9 HAP m in wastewater, dimensionless, as
calculated by:
[GRAPHIC] [TIFF OMITTED] TR26AP99.007
Where:
HAPim-in = Average concentration of table 9 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 table 9 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(i) or (j) of this subpart.
(h) Credits are generated by the difference between emissions that
are allowed for each Group 1 and Group 2
[[Page 283]]
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:
[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.
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.
[[Page 284]]
(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 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,
[[Page 285]]
[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,
[GRAPHIC] [TIFF OMITTED] TR22AP94.280
[[Page 286]]
(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.
(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:
[[Page 287]]
[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.
(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
[[Page 288]]
managed according to the requirements of Secs. 63.133 through 63.137 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 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 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 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 concentration of table 9 HAP for
stream i greater than that of the design steam stripper specified in
Sec. 63.138(d) of this subpart, and the control device used to reduce
table 9 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. All terms in this equation are as
defined and determined in paragraph (g)(5) of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.008
(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 table 9 HAP concentration greater than that
of the design steam stripper specified in Sec. 63.138(d) 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. All terms
other than nominal efficiency are as defined and determined in paragraph
(g)(5) of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.009
[[Page 289]]
(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 table 9 HAP concentration greater
than that of the design steam stripper specified in Sec. 63.138(d) 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. All terms
other than nominal efficiency are as defined and determined in paragraph
(g)(5) of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP99.010
(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 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
[[Page 290]]
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. When the term
``organic HAP'' is used in Sec. 63.150(j)(2) in reference to wastewater
emission points, the term ``table 9 HAP'' shall apply for the purposes
of this paragraph.
(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 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.
[[Page 291]]
[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] TR26AP99.011
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 table 9 HAP in wastewater stream i.
Fem = Fraction emitted of table 9 HAP m in wastewater of this
subpart, dimensionless.
HAPBim = Average concentration of table 9 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.
(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.
[[Page 292]]
(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
(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
[[Page 293]]
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, consistent with paragraph (g)(2)(i) of this section,
whether the process vent is Group 1 or Group 2 according to the
procedures in Sec. 63.115.
(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, consistent with paragraph (g)(2)(i) of this section,
the flow rate, organic HAP concentration, and TRE index value using the
methods specified in Sec. 63.115;
(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 emission points, as appropriate to the control techniques:
(i) For wastewater treatment processes, conduct tests as specified
in Sec. 63.138(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;
64 FR 20192, Apr. 26, 1999; 66 FR 6934, Jan. 22, 2001]
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
[[Page 294]]
(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 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
source that are subject to this subpart;
(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
[[Page 295]]
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 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,
[[Page 296]]
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.
(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
[[Page 297]]
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 and whether each emission point is Group 1
or Group 2, as defined in Sec. 63.111. For each process vent within the
source, provide the information listed in paragraphs (e)(1)(i) through
(iv) of this section.
(i) The chemical manufacturing process unit(s) that is the origin of
all or part of the vent stream that exits the process vent.
(ii) The type(s) of unit operations (i.e., an air oxidation reactor,
distillation unit, or reactor) that creates the vent stream that exits
the process vent.
(iii) For a Group 2 process vent, the last recovery device, if any.
(iv) For a Group 1 process vent, the control device, or other
equipment used for compliance.
(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, 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.
[[Page 298]]
(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.
(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
[[Page 299]]
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, written information specified under
paragraphs (e)(1) through (e)(5) of this section, containing information
on the new emission point(s) shall be submitted to the EPA regional
office where the source is located.
[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; 64 FR 20195, Apr.
26, 1999; 66 FR 6934, Jan. 22, 2001]
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.
[[Page 300]]
(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
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
[[Page 301]]
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.
(6) An owner or operator complying with Sec. 63.113(i) shall include
in the Notification of Compliance Status, or where applicable, a
supplement to the Notification of Compliance Status, the name and
location of the transferee, and the identification of the Group 1
process vent.
(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.
(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.
[[Page 302]]
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) A monitored parameter that is outside its established range or
monitoring data that are not collected are excursions. However, if the
conditions in paragraph (c)(2)(ii)(C)(1) or (c)(2)(ii)(C)(2) of this
section are met, these excursions are not violations and do not count
toward the number of excused excursions for determining compliance.
(1) Periods of start-up, shutdown, or malfunction. During periods of
start-up, shutdown, or malfunction when 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.
(2) Periods of nonoperation. During periods of nonoperation of the
chemical manufacturing process unit, or portion thereof, that results in
cessation of the emissions to which the monitoring applies.
(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 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
[[Page 303]]
as required in Sec. 63.100 of subpart F of this part, and
(iv) For gas streams sent for disposal pursuant to Sec. 63.113(i) or
for process wastewater streams sent for treatment pursuant to
Sec. 63.132(g), reports of changes in the identity of the 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 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
[[Page 304]]
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 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) 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.
(4) If an owner or operator transfers for disposal a gas stream that
has the characteristics specified in Sec. 63.107(b) through (h) or meets
the criteria specified in Sec. 63.107(i) to an off-site location or an
on-site location not owned or operated by the owner or operator of the
source and the vent stream was not included in the information submitted
with the Notification of Compliance Status or a previous periodic
report, the owner or operator shall submit a supplemental report. The
supplemental report shall be submitted no later than July 23, 2001 or
with the next periodic report, whichever is later. The report shall
provide the information listed in paragraphs (d)(4)(i) through (iv) of
this section.
(i) The chemical manufacturing process unit(s) that is the origin of
all or part of the vent stream that exits the process vent.
(ii) The type(s) of unit operations (i.e., an air oxidation reactor,
distillation unit, or reactor) that creates the vent stream that exits
the process vent.
(iii) For a Group 2 process vent, the last recovery device, if any.
(iv) For a Group 1 process vent, the identity of the transferee.
(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.
[[Page 305]]
(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 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
[[Page 306]]
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
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
[[Page 307]]
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 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; 64 FR 20195, Apr.
26, 1999; 66 FR 6934, Jan. 22, 2001]
Sec. 63.153 Implementation and enforcement.
(a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to a State,
local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be
[[Page 308]]
transferred to the State, local, or Tribal agency.
(c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
(1) Approval of alternatives to the requirements in Secs. 63.110,
63.112 through 63.113, 63.119, 63.126, 63.132 through 63.140, 63.148
through 63.149, and 63.150(i)(1) through (4). Follow the requirements in
Sec. 63.121 to request permission to use an alternative means of
emission limitation for storage vessels. Where these standards reference
another subpart, the cited provisions will be delegated according to the
delegation provisions of the referenced subpart. Where these standards
reference another subpart and modify the requirements, the requirements
shall be modified as described in this subpart. Delegation of the
modified requirements will also occur according to the delegation
provisions of the referenced subpart.
(2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required
in this subpart.
(3) Approval of major alternatives to monitoring under Sec. 63.8(f),
as defined in Sec. 63.90, and as required in this subpart.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.
Effective Date Note: 68 FR 37344, June 23, 2003, Sec. 63.153 was
added effective August 22, 2003.
Table 1 to Subpart G of Part 63--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 3.660x10-1 -7.687x10-3 -7.333x10-4
Thermal 1.492 6.267x10-2 3.177x10-2 -1.159x10-3
Incinerator 0
Percent Heat
Recovery.
Thermal 2.519 1.183x10-2 1.300x10-2 4.790x10-2
Incinerator 70
Percent Heat
Recovery.
Halogenated.................... Thermal 3.995 5.200x10-2 -1.769x10-3 9.700x10-4
Incinerator and
Scrubber.
----------------------------------------------------------------------------------------------------------------
Table 1A to Subpart G--Applicable 40 CFR Part 63 General Provisions
------------------------------------------------------------------------
40 CFR part 63, subpart A, provisions applicable to subpart G
-------------------------------------------------------------------------
Sec. 63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4)
Sec. 63.2
Sec. 63.5(a)(1), (a)(2), (b), (d)(1)(ii), (d)(3)(i), (d)(3)(iii)
through (d)(3)(vi), (d)(4), (e), (f)(1), and (f)(2)
Sec. 63.6(a), (b)(3), (c)(5), (i)(1), (i)(2), (i)(4)(i)(A), (i)(5)
through (i)(14), (i)(16) and (j)
Sec. 63.9(a)(2), (b)(4)(i)\a\, (b)(4)(ii), (b)(4)(iii), (b)(5)\a\, (c),
(d)
Sec. 63.10(d)(4)
Sec. 63.12(b)
------------------------------------------------------------------------
\a\ The notifications specified in Sec. 63.9(b)(4)(i) and (b)(5) shall
be submitted at the times specified in 40 CFR part 65.
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 -2.096x10-3 -2.000x10-4
Thermal 0.4068 0.0171 8.664x10-3 -3.162x10-4
Incinerator 0
Percent Heat
Recovery.
Thermal 0.6868 3.209x10-3 3.546x10-3 1.306x10-2
Incinerator 70
Percent Heat
Recovery.
Halogenated.................... Thermal 1.0895 1.417x10-2 -4.822x10-4 2.645x10-4
Incinerator and
Scrubber.
----------------------------------------------------------------------------------------------------------------
[[Page 309]]
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 310]]
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.
[lE]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 d............................. 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 or volumetric flow for each carbon
during carbon bed bed regeneration cycle.
regeneration cycle(s) 2. Record and report the total
[63.114(b)(3)], and. regeneration stream mass or volumetric
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 or volumetric 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.
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
(b)].
3. Record the daily average concentration
level or reading for each operating day
e.
[[Page 311]]
4. Report all daily average concentration
levels or readings that are outside the
range established in the NCS or
operating permit--PR.
----------------------------------------------------------------------------------------------------------------
aRegulatory 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 Pressure \1\
Vessel capacity (cubic meters) (kilopascals)
------------------------------------------------------------------------
75 [le] capacity <151........................ [ge]13.1
151 [le] capacity............................ [ge]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 [le] capacity<151......................... [ge]13.1
151 [le] capacity............................ [ge]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 a for monitored parameters
----------------------------------------------------------------------------------------------------------------
Thermal incinerator..................... Firebox temperature b 1. Continuous records c during loading.
[63.127(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 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--PRg
Catalytic incinerator................... Temperature upstream and 1. Continuous records during loading.
downstream of the catalyst 2. Record and report the upstream and
bed [63.127(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 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 during loading.
heat input capacity less than 44 [63.127(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
[[Page 312]]
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 data are collectedf--PR.
Flare................................... Presence of a flame at the 1. Hourly records of whether the monitor
pilot light [63.127(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 duration of all periods
when all pilot flames of a flare are
absent--PR.
Scrubber for halogenated vent streams pH of scrubber effluent 1. Continuous records during loading.
(Note: Controlled by a combustion [63.127(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 liquid and gas 1. Continuous records during loading of
flow rates scrubber liquid flow rate.
[63.127(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.
Absorber h.............................. Exit temperature of the 1. Continuous records during loading.
absorbing liquid 2. Record and report the exit temperature
[63.127(b)(1)], and. of the absorbing liquid averaged over
the full period of the performance test--
NCS.
3. Record the daily average exit
temperature of the absorbing liquid for
each operating day.e
4. Report all daily average exit
temperatures of the absorbing liquid
that are outside the range established
in the NCS or operating permit and all
operating days when insufficient
monitoring data are collected f--PR.
Exit specific gravity 1. Continuous records during loading.
[63.127(b)(1)]. 2. Record and report the exit specific
gravity averaged over the full period of
the performance test--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 and all operating days
when insufficient monitoring data are
collected f--PR.
Condenser h............................. Exit (product side) 1. Continuous records during loading.
temperature [63.127(b)(2)]. 2. Record and report the exit temperature
averaged over the full period of the
performance test--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 and all operating days when
insufficient monitoring data are
collected f--PR.
Carbon adsorberh........................ Total regeneration stream 1. Record of total regeneration stream
mass or volumetric or mass or volumetric flow for each carbon
volumetric flow during bed regeneration cycle.
carbon bed regeneration 2. Record and report the total
cycle(s) [63.127(b)(3)], regeneration stream mass or volumetric
and. flow during each carbon bed regeneration
cycle during the period of the
performance test--NCS.
3. Report all carbon bed regeneration
cycles when the total regeneration
stream mass or volumetric flow is
outside the range established in the NCS
or operating permit and all operating
days when insufficient monitoring data
are collectedf--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)] [63.127(b)(3)]. during the period of the performance
test--NCS.
[[Page 313]]
3. Report all the carbon bed regeneration
cycles during which the temperature of
the carbon bed after regeneration is
outside the range established in the NCS
or operating permit and all operating
days when insufficient monitoring data
are collectedf--PR.
All recovery devices (as an alternative Concentration level or 1. Continuous records during loading.
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 performance test--NCS.
recovery device
[63.127(b)].
3. Record the daily average concentration
level or reading for each operating
day.d
4. Report all daily average concentration
levels or readings that are outside the
range established in the NCS or
operating permit and all operating days
when insufficient monitoring data are
collected f--PR.
All control devices and vapor balancing Presence of flow diverted 1. Hourly records of whether the flow
systems. to the atmosphere from the indicator was operating and whether a
control device diversion was detected at any time
[63.127(d)(1)] or. during each hour.
2. Record and report the duration 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.
[63.127(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.
----------------------------------------------------------------------------------------------------------------
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 are 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.
h Alternatively, these devices may comply with the organic monitoring device provisions listed at the end of
this table under ``All Recovery Devices.''
Table 8--Organic HAP's Subject to the Wastewater Provisions for Process
Units at New Sources
------------------------------------------------------------------------
Chemical name CAS No.a
------------------------------------------------------------------------
Allyl chloride.......................................... 107051
Benzene................................................. 71432
Butadiene (1,3-)........................................ 106990
Carbon disulfide........................................ 75150
Carbon tetrachloride.................................... 56235
Cumene.................................................. 98828
Ethylbenzene............................................ 100414
Ethyl chloride (Chloroethane)........................... 75003
Ethylidene dichloride 75343
(1,1-Dichloroethane).
Hexachlorobutadiene..................................... 87683
Hexachloroethane........................................ 67721
Hexane.................................................. 100543
Methyl bromide (Bromomethane)........................... 74839
Methyl chloride (Chloromethane)......................... 74873
Phosgene................................................ 75445
Tetrachloroethylene (Perchloroethylene)................. 127184
Toluene................................................. 108883
Trichloroethane (1,1,1-) (Methyl chloroform)............ 71556
Trichloroethylene....................................... 79016
Trimethylpentane (2,2,4-)............................... 540841
Vinyl chloride (chloroethylene)......................... 75014
Vinylidene chloride 75354
(1,1-Dichloroethylene).
Xylene (m-)............................................. 108383
Xylene (p-)............................................. 106423
------------------------------------------------------------------------
a CAS numbers refer to the Chemical Abstracts Service registry number
assigned to specific compounds, isomers, or mixtures of compounds.
Note. The list of organic HAP's on table 8 is a subset of the list of
organic HAP's on table 9 of this subpart.
Table 9--Organic HAP's Subject to the Wastewater Provisions for Process
Units at New and Existing Sources and Corresponding Fraction Removed
(Fr) Values
------------------------------------------------------------------------
Chemical name CAS No.a Fr
------------------------------------------------------------------------
Acetaldehyde........................................ 75070 0.95
Acetonitrile........................................ 75058 0.62
Acetophenone........................................ 98862 0.72
Acrolein............................................ 107028 0.96
Acrylonitrile....................................... 107131 0.96
[[Page 314]]
Allyl chloride...................................... 107051 0.99
Benzene............................................. 71432 0.99
Benzyl chloride..................................... 100447 0.99
Biphenyl............................................ 92524 0.99
Bromoform........................................... 75252 0.99
Butadiene (1,3-).................................... 106990 0.99
Carbon disulfide.................................... 75150 0.99
Carbon tetrachloride................................ 56235 0.99
Chlorobenzene....................................... 108907 0.99
Chloroform.......................................... 67663 0.99
Chloroprene (2-Chloro-1,3-butadiene)................ 126998 0.99
Cumene.............................................. 98828 0.99
Dichlorobenzene (p-)................................ 106467 0.99
Dichloroethane (1,2-) (Ethylene dichloride)......... 107062 0.99
Dichloroethyl ether (Bis(2-chloroethyl)ether)....... 111444 0.87
Dichloropropene (1,3-).............................. 542756 0.99
Diethyl sulfate..................................... 64675 0.90
Dimethyl sulfate.................................... 77781 0.53
Dimethylaniline (N,N-).............................. 121697 0.99
Dimethylhydrazine (1,1-)............................ 57147 0.57
Dinitrophenol (2,4-)................................ 51285 0.99
Dinitrotoluene (2,4-)............................... 121142 0.38
Dioxane (1,4-) (1,4-Diethyleneoxide)................ 123911 0.37
Epichlorohydrin(1-Chloro-2,3-epoxypropane).......... 106898 0.91
Ethyl acrylate...................................... 140885 0.99
Ethylbenzene........................................ 100414 0.99
Ethyl chloride (Chloroethane)....................... 75003 0.99
Ethylene dibromide (Dibromomethane)................. 106934 0.99
Ethylene glycol dimethyl ether...................... 110714 0.90
Ethylene glycol monobutyl ether acetate............. 112072 0.76
Ethylene glycol monomethyl ether acetate............ 110496 0.28
Ethylene oxide...................................... 75218 0.98
Ethylidene dichloride (1,1-Dichloroethane).......... 75343 0.99
Hexachlorobenzene................................... 118741 0.99
Hexachlorobutadiene................................. 87683 0.99
Hexachloroethane.................................... 67721 0.99
Hexane.............................................. 110543 0.99
Isophorone.......................................... 78591 0.60
Methanol............................................ 67561 0.31
Methyl bromide (Bromomethane)....................... 74839 0.99
Methyl chloride (Chloromethane)..................... 74873 0.99
Methyl ethyl ketone (2-Butanone).................... 78933 0.95
Methyl isobutyl ketone (Hexone)..................... 108101 0.99
Methyl methacrylate................................. 80626 0.98
Methyl tert-butyl ether............................. 1634044 0.99
Methylene chloride (Dichloromethane)................ 75092 0.99
Naphthalene......................................... 91203 0.99
Nitrobenzene........................................ 98953 0.80
Nitropropane (2-)................................... 79469 0.98
Phosgene............................................ 75445 0.99
Propionaldehyde..................................... 123386 0.99
Propylene dichloride (1,2-Dichloropropane).......... 78875 0.99
Propylene oxide..................................... 75569 0.99
Styrene............................................. 100425 0.99
Tetrachloroethane (1,1,2,2-)........................ 79345 0.99
Tetrachloroethylene (Perchloroethylene)............. 127184 0.99
Toluene............................................. 108883 0.99
Toluidine (o-)...................................... 95534 0.44
Trichlorobenzene (1,2,4-)........................... 120821 0.99
Trichloroethane (1,1,1-) (Methyl chloroform)........ 71556 0.99
Trichloroethane (1,1,2-) (Vinyl trichloride)........ 79005 0.99
Trichloroethylene................................... 79016 0.99
Trichlorophenol (2,4,5-)............................ 95954 0.96
Triethylamine....................................... 121448 0.99
Trimethylpentane (2,2,4-)........................... 540841 0.99
Vinyl acetate....................................... 108054 0.99
Vinyl chloride (Chloroethylene)..................... 75014 0.99
Vinylidene chloride (1,1-Dichloroethylene).......... 75354 0.99
Xylene (m-)......................................... 108383 0.99
Xylene (o-)......................................... 95476 0.99
Xylene (p-)......................................... 106423 0.99
------------------------------------------------------------------------
a CAS numbers refer to the Chemical Abstracts Service registry number
assigned to specific compounds, isomers, or mixtures of compounds.
[[Page 315]]
Table 10--Wastewater--Compliance Options for Wastewater Tanks
------------------------------------------------------------------------
Maximum
true
Capacity (m\3\) vapor Control requirements
pressure
(kPa)
------------------------------------------------------------------------
<75........................... ......... Sec. 63.133(a)(1)
``75 and <151................. <13.1 Sec. 63.133(a)(1)
''13.1 Sec. 63.133(a)(2)
``151......................... <5.2 Sec. 63.133(a)(1)
''5.2 Sec. 63.133(a)(2)
------------------------------------------------------------------------
Table 11--Wastewater--Inspection and Monitoring Requirements for Waste
Management Units
----------------------------------------------------------------------------------------------------------------
Frequency of
To comply with Inspection or monitoring inspection or Method
requirement monitoring
----------------------------------------------------------------------------------------------------------------
Tanks:
63.133(b)(1)................... Inspect fixed roof and all Initially Semi- Visual.
openings for leaks. annually.
63.133(c)...................... Inspect floating roof in See Sec. 63.120 Visual.
accordance with Secs. (a)(2) and (a)(3).
63.120 (a)(2) and (a)(3).
63.133(d)...................... Measure floating roof seal ...................... See Sec. 63.120
gaps in accordance with (b)(2)(i) through
Secs. 63.120 (b)(2)(i) (b)(4).
through (b)(4).
--Primary seal gaps........ Once every 5 years
Initially Annually.
--Secondary seal gaps...... ......................
63.133(f) 63.133(g)................ Inspect wastewater tank for Initially Semi- Visual.
control equipment failures annually.
and improper work
practices.
Surface impoundments:
63.134(b)(1)................... Inspect cover and all Initially Semi- Visual.
openings for leaks. annually.
63.134(c)...................... Inspect surface impoundment Initially Semi- Visual.
for control equipment annually.
failures and improper work
practices.
Containers:
63.135(b)(1), 63.135(b)(2) (ii) Inspect cover and all Initially Semi- Visual.
openings for leaks. annually.
63.135(d)(1)................... Inspect enclosure and all Initially Semi- Visual.
openings for leaks. annually.
63.135(e)...................... Inspect container for Initially Semi- Visual.
control equipment failures annually.
and improper work
practices.
Individual Drain Systemsa:
63.136(b)(1)................... Inspect cover and all Initially Semi- Visual.
openings to ensure there annually.
are no gaps, cracks, or
holes.
63.136(c)...................... Inspect individual drain Initially Semi- Visual.
system for control annually.
equipment failures and
improper work practices.
63.136(e)(1)................... Verify that sufficient Initially Semi- Visual.
water is present to annually.
properly maintain
integrity of water seals.
63.136(e)(2), 63.136(f)(1)..... Inspect all drains using Initially Semi- Visual.
tightly-fitted caps or annually.
plugs to ensure caps and
plugs are in place and
properly installed.
63.136(f)(2)................... Inspect all junction boxes Initially Semi- Visual or smoke test
to ensure covers are in annually. or other means as
place and have no visible specified.
gaps, cracks, or holes.
63.136(f)(3)................... Inspect unburied portion of Initially Semi- Visual.
all sewer lines for cracks annually.
and gaps.
Oil-water separators:
63.137(b)(1)................... Inspect fixed roof and all Initially Semi- Visual.
openings for leaks. annually.
63.137(c)...................... Measure floating roof seal Initiallyb............ See 40 CFR
gaps in accordance with 40 60.696(d)(1).
CFR 60.696(d)(1).
--Primary seal gaps........ Once every 5 years....
63.137(c)...................... --Secondary seal gaps...... Initiallyb Annually...
63.137(d)...................... Inspect oil-water separator Initially Semi- Visual.
for control equipment annually.
failures and improper work
practices.
----------------------------------------------------------------------------------------------------------------
a As specified in Sec. 63.136(a), the owner or operator shall comply with either the requirements of Sec.
63.136 (b) and (c) or Sec. 63.136 (e) and (f).
b Within 60 days of installation as specified in Sec. 63.137(c).
[[Page 316]]
Table 12--Monitoring Requirements for Treatment Processes
----------------------------------------------------------------------------------------------------------------
To comply with Parameters to be monitored Frequency Methods
----------------------------------------------------------------------------------------------------------------
1. Required mass removal of Table 8 Appropriate parameters as Appropriate frequency Appropriate methods as
and/or Table 9 compound(s) from specified in Sec. as specified in Sec. specified in Sec.
wastewater treated in a properly 63.143(c) and approved by 63.143 and approved 63.143 and as
operated biological treatment permitting authority. by permitting approved by
unit, Sec. 63.138(f), and Sec. authority. permitting authority.
63.138(g).
2. Steam stripper.................. (i) Steam flow rate; and... Continuously.......... Integrating steam flow
monitoring device
equipped with a
continuous recorder.
(ii) Wastewater feed mass Continuously.......... Liquid flow meter
flow rate; and installed at stripper
influent and equipped
with a continuous
recorder.
(iii) Wastewater feed Continuously.......... (A) Liquid temperature
temperature; or monitoring device
(iv) Column operating installed at stripper
temperature. influent and equipped
with a continuous or
recorder; or
(B) Liquid temperature
monitoring device
installed in the
column top tray
liquid phase (i.e.,
at the downcomer) and
equipped with a
continuous recorder.
3. Other treatment processes or Other parameters may be
alternative monitoring parameters monitored upon approval
to those listed in item 2 of this from the Administrator
table. with the requirements
specified in Sec.
63.151(f).
----------------------------------------------------------------------------------------------------------------
Table 13--Wastewater--Monitoring Requirements for Control Devices
----------------------------------------------------------------------------------------------------------------
Monitoring equipment Parameters to be
Control Device required monitored Frequency
----------------------------------------------------------------------------------------------------------------
All control devices.................. 1. Flow indicator 1. Presence of flow Hourly records of
installed at all diverted from the whether the flow
bypass lines to the control device to the indicator was
atmosphere and atmosphere or. operating and whether
equipped with a diversion was
continuous recorder b detected at any time
or. during each hour
2. Valves sealed closed 2. Monthly inspections Monthly.
with car-seal or lock- of sealed valves.
and-key configuration.
Thermal Incinerator.................. Temperature monitoring Firebox temperature.... Continuous.
device installed in
firebox or in ductwork
immediately downstream
of fireboxa and
equipped with a
continuous recorderb.
Catalytic Incinerator................ Temperature monitoring 1. Temperature upstream Continuous.
device installed in of catalyst bed or.
gas stream immediately 2. Temperature
before and after difference across
catalyst bed and catalyst bed.
equipped with a
continuous recorderb.
Flare................................ Heat sensing device Presence of a flame at Hourly records of
installed at the pilot the pilot light. whether the monitor
light and equipped was continuously
with a continuous operating and whether
recordera. the pilot flame was
continuously present
during each hour.
Boiler or process heater <44 Temperature monitoring Combustion temperature. Continuous.
megawatts and vent stream is not device installed in
mixed with the primary fuel. fireboxa and equipped
with continuous
recorderb.
[[Page 317]]
Condenser............................ Temperature monitoring Condenser exit (product Continuous.
device installed at side) temperature.
condenser exit and
equipped with
continuous recorderb.
Carbon adsorber (regenerative)....... Integrating Total regeneration For each regeneration
regeneration stream stream mass or cycle, record the
flow monitoring device volumetric flow during total regeneration
having an accuracy of carbon bed stream mass or
10 percent, and. regeneration cycle(s). volumetric flow.
Carbon bed temperature Temperature of carbon For each regeneration
monitoring device. bed after regeneration cycle and within 15
[and within 15 minutes minutes of completing
of completing any any cooling cycle,
cooling cycle(s)]. record the carbon bed
temperature.
Carbon adsorber (Non-regenerative)... Organic compound Organic compound Daily or at intervals
concentration concentration of no greater than 20
monitoring device. c. adsorber exhaust. percent of the design
carbon replacement
interval, whichever is
greater.
Alternative monitoring parameters.... Other parameters may be .....................
monitored upon
approval from the
Administrator in
accordance with the
requirements in Sec.
63.143(e)(3).
----------------------------------------------------------------------------------------------------------------
a Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any
substantial heat exchange is encountered.
b ``Continuous recorder'' is defined in Sec. 63.111 of this subpart.
c As an alternative to conducting this monitoring, an owner or operator may replace the carbon in the carbon
adsorption system with fresh carbon at a regular predetermined time interval that is less than the carbon
replacement interval that is determined by the maximum design flow rate and organic concentration in the gas
stream vented to the carbon adsorption system.
Tables 14-14b [Reserved]
Table 15--Wastewater--Information on Table 8 and/or Table 9 Compounds To
Be Submitted With Notification of Compliance Status for Process Units at
New and/or Existing Sources a,b
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Concentration of
Stream table 8 and/or Treatment Waste management
Process unit identification identification table 9 Flow rate (lpm) Group 1 or Group 2 Compliance process(es) unit(s) Intended control
code c code compound(s) (ppmw) e,f g approach h identification i identification device
d,e
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
a The information specified in this table must be submitted; however, it may be submitted in any format. This table presents an example format.
b Other requirements for the NCS are specified in Sec. 63.152(b) of this subpart.
c Also include a description of the process unit (e.g., benzene process unit).
d Except when Sec. 63.132(e) is used, annual average concentration as specified in Sec. 63.132 (c) or (d) and Sec. 63.144.
e When Sec. 63.132(e) is used, indicate the wastewater stream is a designated Group 1 wastewater stream.
f Except when Sec. 63.132(e) is used, annual average flow rate as specified in Sec. 63.132 (c) or (d) and in Sec. 63.144.
g Indicate whether stream is Group 1 or Group 2. If Group 1, indicate whether it is Group 1 for Table 8 or Table 9 compounds or for both Table 8 and Table 9 compounds.
h Cite Sec. 63.138 compliance option used.
Table 16 [Reserved]
Table 17--Information for Treatment Processes To Be Submitted With
Notification of Compliance Status a,b
----------------------------------------------------------------------------------------------------------------
Wastewater stream(s)
Treatment process identification c Description d treated e Monitoring parameters f
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
a The information specified in this table must be submitted; however, it may be submitted in any format. This
table presents an example format.
b Other requirements for the Notification of Compliance Status are specified in Sec. 63.152(b) of this Subpart.
c Identification codes should correspond to those listed in Table 15.
d Description of treatment process.
e Stream identification code for each wastewater stream treated by each treatment unit. Identification codes
should correspond to entries listed in Table 15.
f Parameter(s) to be monitored or measured in accordance with Table 12 and Sec. 63.143.
[[Page 318]]
Table 18--Information for Waste Management Units To Be Submitted With
Notification of Compliance Status a,b
------------------------------------------------------------------------
Waste management unit Wastewater stream(s)
identification c Description d received or managede
------------------------------------------------------------------------
------------------------------------------------------------------------
a The information specified in this table must be submitted; however, it
may be submitted in any format. This table presents an example format.
b Other requirements for the Notification of Compliance Status are
specified in Sec. 63.152(b) of this Subpart.
c Identification codes should correspond to those listed in Table 15.
d Description of waste management unit.
e Stream identification code for each wastewater stream received or
managed by each waste management unit. Identification codes should
correspond to entries listed in Table 15.
Table 19--Wastewater--Information on Residuals To Be Submitted With
Notification of Compliance Status a,b
--------------------------------------------------------------------------------------------------------------------------------------------------------
Control device
Residual Residual Wastewater stream Treatment Fate g identification Control device Control device
identification c description d identification e process f code description h efficiency i
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
a The information specified in this table must be submitted; however, it may be submitted in any format. This table presents an example format.
b Other requirements for the Notification of Compliance Status are specified in Sec. 63.152(b) of this subpart.
c Name or identification code of residual removed from Group 1 wastewater stream.
d Description of residual (e.g., steam stripper A-13 overhead condensates).
e Identification of stream from which residual is removed.
f Treatment process from which residual originates.
g Indicate whether residual is sold, returned to production process, or returned to waste management unit or treatment process; or whether HAP mass of
residual is destroyed by 99 percent.
h If the fate of the residual is such that the HAP mass is destroyed by 99 percent, give description of device used for HAP destruction.
i If the fate of the residual is such that the HAP mass is destroyed by 99 percent, provide an estimate of control device efficiency and attach
substantiation in accordance with Sec. 63.146(b)(9) of this subpart.
Table 20--Wastewater--Periodic Reporting Requirements for Control
Devices Subject to Sec. 63.139 Used To Comply With Secs. 63.13 Through
63.139
------------------------------------------------------------------------
Control device Reporting requirements
------------------------------------------------------------------------
(1) Thermal Incinerator...... Report all daily average a temperatures
that are outside the range established
in the NCS b or operating permit and all
operating days when insufficient
monitoring data are collected c.
(2) Catalytic Incinerator.... (i) Report all daily average a upstream
temperatures that are outside the range
established in the NCS b or operating
permit.
(ii) Report all daily average a
temperature differences across the
catalyst bed that are outside the range
established in the NCS b or operating
permit.
(iii) Report all operating days when
insufficient monitoring data are
collected c.
(3) Boiler or Process Heater Report all daily average a firebox
with a design heat input temperatures that are outside the range
capacity less than 44 established in the NCS b or operating
megawatts and vent stream is permit and all operating days when
not mixed with the primary insufficient monitoring data are
fuel. collected c.
(4) Flare.................... Report the duration of all periods when
all pilot flames are absent.
(5) Condenser................ Report all daily average a exit
temperatures that are outside the range
established in the NCS b or operating
permit and all operating days when
insufficient monitoring data are
collected c.
(6) Carbon Adsorber (i) Report all carbon bed regeneration
(Regenerative). cycles when the total regeneration
stream mass or volumetric flow is
outside the range established in the NCS
b or operating permit.
(ii) Report all carbon bed regeneration
cycles during which the temperature of
the carbon bed after regeneration is
outside the range established in the NCS
b or operating permit.
(iii) Report all operating days when
insufficient monitoring data are
collected c.
(7) Carbon Adsorber (Non- (i) Report all operating days when
Regenerative). inspections not done according to the
schedule developed as specified in table
13 of this subpart.
(ii) Report all operating days when
carbon has not been replaced at the
frequency specified in table 13 of this
subpart.
(8) All Control Devices...... (i) Report the times and durations of all
periods when the vent stream is diverted
through a bypass line or the monitor is
not operating, or
[[Page 319]]
(ii) Report all monthly inspections that
show the valves are moved to the
diverting position or the seal has been
changed.
------------------------------------------------------------------------
a The daily average is the average of all values recorded during the
operating day, as specified in Sec. 63.147(d).
b NCS = Notification of Compliance Status described in Sec. 63.152.
c The periodic reports shall include the duration of periods when
monitoring data are not collected for each excursion as defined in
Sec. 63.152(c)(2)(ii)(A).
Table 21--Average Storage Temperature (Ts) as a Function of
Tank Paint Color
------------------------------------------------------------------------
Average
Storage
Tank Color Temperature
(Ts)
------------------------------------------------------------------------
White...................................................... TA a = 0
Aluminum................................................... TA = 2.5
Gray....................................................... TA = 3.5
Black...................................................... TA= 5.0
------------------------------------------------------------------------
a TA is the average annual ambient temperature in degrees Fahrenheit.
Table 22--Paint Factors for Fixed Roof Tanks
----------------------------------------------------------------------------------------------------------------
Tank color Paint factors (Fp)
----------------------------------------------------------------------------------------- Paint Condition
-----------------------
Roof Shell Good Poor
----------------------------------------------------------------------------------------------------------------
White.......................................... White.................................. 1.00 1.15
Aluminum (specular)............................ White.................................. 1.04 1.18
White.......................................... Aluminum (specular).................... 1.16 1.24
Aluminum (specular)............................ Aluminum (specular).................... 1.20 1.29
White.......................................... Aluminum (diffuse)..................... 1.30 1.38
Aluminum (diffuse)............................. Aluminum (diffuse)..................... 1.39 1.46
White.......................................... Gray................................... 1.30 1.38
Light gray..................................... Light gray............................. 1.33 1.44
Medium gray.................................... Medium gray............................ 1.40 1.58
----------------------------------------------------------------------------------------------------------------
Table 23--Average Clingage Factors (c) a
------------------------------------------------------------------------
Shell condition
-----------------------------
Liquid Light Dense Gunite
rust b rust lined
------------------------------------------------------------------------
Gasoline.................................. 0.0015 0.0075 0.15
Single component stocks................... 0.0015 0.0075 0.15
Crude oil................................. 0.0060 0.030 0.60
------------------------------------------------------------------------
a Units for average clingage factors are barrels per 1,000 square feet.
b If no specific information is available, these values can be assumed
to represent the most common condition of tanks currently in use.
Table 24--Typical Number of Columns as a Function of Tank Diameter for
Internal Floating Roof Tanks With Column Supported Fixed Roofs
a
------------------------------------------------------------------------
Typical
number of
Tank diameter range (D in feet) columns,
(NC)
------------------------------------------------------------------------
0 < D [lE] 85............................................... 1
85 < D [lE] 100............................................. 6
100 < D [lE] 120............................................ 7
120 < D [lE] 135............................................ 8
135 < D [lE] 150............................................ 9
150 < D [lE] 170............................................ 16
170 < D [lE] 190............................................ 19
190 < D [lE] 220............................................ 22
220 < D [lE] 235............................................ 31
235 < D [lE] 270............................................ 37
270 < D [lE] 275............................................ 43
275 < D [lE] 290............................................ 49
290 < D [lE] 330............................................ 61
330 < D [lE] 360............................................ 71
360 < D [lE] 400............................................ 81
------------------------------------------------------------------------
a Data in this table should not supersede information on actual tanks.
[[Page 320]]
Table 25--Effective Column Diameter (Fc)
------------------------------------------------------------------------
Fc
Column type (feet)
------------------------------------------------------------------------
9-inch by 7-inch built-up columns.............................. 1.1
8-inch-diameter pipe columns................................... 0.7
No construction details known.................................. 1.0
------------------------------------------------------------------------
Table 26--Seal Related Factors for Internal Floating Roof Vessels
------------------------------------------------------------------------
Seal type KS n
------------------------------------------------------------------------
Liquid mounted resilient seal:
Primary seal only....................................... 3.0 0
With rim-mounted secondary seal a....................... 1.6 0
Vapor mounted resilient seal:
Primary seal only....................................... 6.7 0
With rim-mounted secondary seal a....................... 2.5 0
------------------------------------------------------------------------
a If vessel-specific information is not available about the secondary
seal, assume only a primary seal is present.
Table 27--Summary of Internal Floating Deck Fitting Loss Factors
(KF) and Typical Number of Fittings (NF)
------------------------------------------------------------------------
Deck fitting
Deck fitting type loss factor Typical number of
(KF)a fittings (NF)
------------------------------------------------------------------------
Access hatch.................... ............ 1.
Bolted cover, gasketed...... 1.6
Unbolted cover, gasketed.... 11
Unbolted cover, ungasketed.. b 25
Automatic gauge float well...... ............ 1.
Bolted cover, gasketed........ 5.1
Unbolted cover, gasketed...... 15
Unbolted cover, ungasketed.... b 28
Column well..................... ............ (see Table 24).
Builtup column-sliding 33
cover, gasketed.
Builtup column-sliding b 47
cover, ungasketed. 10
Pipe column-flexible fabric 19
sleeve seal.
Pipe column-sliding cover, 32
gasketed.
Pipe column-sliding cover,
ungasketed.
Ladder well..................... ............ 1.
Sliding cover, gasketed..... 56
Sliding cover, ungasketed... b 76
Roof leg or hanger well......... ............ (5+D/10+D \2\/600) c.
Adjustable.................. b 7.9
Fixed....................... 0
Sample pipe or well............. ............ 1.
Slotted pipe-sliding cover, 44
gasketed.
Slotted pipe-sliding cover, 57
ungasketed.
Sample well-slit fabric b 12
seal, 10 percent open area.
Stub drain, 1-in diameter d..... 1.2 (D \2\/125) c.
Vacuum breaker.................. ............ 1.
Weighted mechanical b 0.7
actuation, gasketed.
Weighted mechanical 0.9
actuation, ungasketed.
------------------------------------------------------------------------
a Units for KF are pound-moles per year.
b If no specific information is available, this value can be assumed to
represent the most common/typical deck fittings currently used.
c D=Tank diameter (feet).
d Not used on welded contact internal floating decks.
Table 28--Deck Seam Length Factorsa (SD) for
Internal Floating Roof Tanks
------------------------------------------------------------------------
Typical deck
Deck construction seam length
factor
------------------------------------------------------------------------
Continuous sheet construction b:
5-feet wide sheets...................................... 0.2c
6-feet wide sheets...................................... 0.17
7-feet wide sheets...................................... 0.14
Panel construction d:
5 x 7.5 feet rectangular................................ 0.33
5 x 12 feet rectangular................................. 0.28
------------------------------------------------------------------------
a Deck seam loss applies to bolted decks only. Units for SD are feet per
square feet.
b SD=1/W, where W = sheet width (feet).
c If no specific information is available, these factors can be assumed
to represent the most common bolted decks currently in use.
d SD=(L+W)/LW, where W = panel width (feet), and L = panel length
(feet).
[[Page 321]]
Table 29--Seal Related Factors for External Floating Roof Vessels
------------------------------------------------------------------------
Welded vessels Riveted
---------------- vessels
Seal type ---------------
KS N KS N
------------------------------------------------------------------------
Metallic shoe seal:
Primary seal only................... 1.2 1.5 1.3 1.5
With shoe-mounted secondary seal.... 0.8 1.2 1.4 1.2
With rim-mounted secondary seal..... 0.2 1.0 0.2 1.6
Liquid mounted resilient seal:
Primary seal only................... 1.1 1.0 a NA NA
With weather shield................. 0.8 0.9 NA NA
With rim-mounted secondary seal..... 0.7 0.4 NA NA
Vapor mounted resilient seal:
Primary seal only................... 1.2 2.3 NA NA
With weather shield................. 0.9 2.2 NA NA
With rim-mounted secondary seal..... 0.2 2.6 NA NA
------------------------------------------------------------------------
a NA=Not applicable.
Table 30--Roof Fitting Loss Factors, KFa, KFb, and
m,a and Typical Number of Fittings, NT
----------------------------------------------------------------------------------------------------------------
Loss factorsb
Fitting type and construction ----------------------------------------------
details KFa (lb-mole/ KFb (lb-mole/ m Typical number of fittings, NT
yr) [mi/hr]m-yr) (dimensionless)
----------------------------------------------------------------------------------------------------------------
Access hatch (24-in-diameter well) ............ ............. ............... 1.
Bolted cover, gasketed........ 0 0 c 0
Unbolted cover, ungasketed.... 2.7 7.1 1.0
Unbolted cover, gasketed...... 2.9 0.41 1.0
Unslotted guide-pole well (8-in- ............ ............. ............... 1.
diameter unslotted pole, 21-in-
diameter well).
Ungasketed sliding cover...... 0 67 c 0.98
Gasketed sliding cover........ 0 3.0 1.4
Slotted guide-pole/sample well (8- ............ ............. ............... (d).
in-diameter unslotted pole, 21-in-
diameter well).
Ungasketed sliding cover, 0 310 1.2
without float.
Ungasketed sliding cover, with 0 29 2.0
float.
Gasketed sliding cover, 0 260 1.2
without float.
Gasketed sliding cover, with 0 8.5 1.4
float.
Gauge-float well (20-inch ............ ............. ............... 1.
diameter).
Unbolted cover, ungasketed.... 2.3 5.9 c 1.0
Unbolted cover, gasketed...... 2.4 0.34 1.0
Bolted cover, gasketed........ 0 0 0
Gauge-hatch/sample well (8-inch ............ ............. ............... 1.
diameter).
Weighted mechanical actuation, 0.95 0.14 c 1.0
gasketed.
Weighted mechanical actuation, 0.91 2.4 1.0
ungasketed.
Vacuum breaker (10-in-diameter ............ ............. ............... NF6 (Table 31).
well).
Weighted mechanical actuation, 1.2 0.17 c 1.0
gasketed.
Weighted mechanical actuation, 1.2 3.0 1.0
ungasketed.
Roof drain (3-in-diameter)........ ............ ............. ............... NF7 (Table 31).
Open.......................... 0 7.0 e 1.4 NF8 (Table 32 f).
90 percent closed............. 0.51 0.81 1.0
Roof leg (3-in-diameter).......... ............ ............. ............... NF8 (Table 32 f).
Adjustable, pontoon area...... 1.5 0.20 c 1.0 ..............................
Adjustable, center area....... 0.25 0.067 c 1.0
Adjustable, double-deck roofs. 0.25 0.067 1.0
Fixed......................... 0 0 0
Roof leg (2\1/2\-in-diameter)..... ............ ............. ............... NF8 (Table 32 f).
Adjustable, pontoon area...... 1.7 0 0
Adjustable, center area....... 0.41 0 0
Adjustable, double-deck roofs. 0.41 0 0
Fixed......................... 0 0 0
Rim vent (6-in-diameter).......... ............ ............. ............... 1 g.
Weighted mechanical actuation, 0.71 0.10 c 1.0
gasketed.
Weighted mechanical actuation, 0.68 1.8 1.0
ungasketed.
----------------------------------------------------------------------------------------------------------------
a The roof fitting loss factors, KFa, KFb, and m, may only be used for wind speeds from 2 to 15 miles per hour.
b Unit abbreviations are as follows: lb = pound; mi = miles; hr = hour; yr = year.
c If no specific information is available, this value can be assumed to represent the most common or typical
roof fittings currently in use.
[[Page 322]]
d A slotted guide-pole/sample well is an optional fitting and is not typically used.
e Roof drains that drain excess rainwater into the product are not used on pontoon floating roofs. They are,
however, used on double-deck floating roofs and are typically left open.
f The most common roof leg diameter is 3 inches. The loss factors for 2\1/2\-inch diameter roof legs are
provided for use if this smaller size roof is used on a particular floating roof.
g Rim vents are used only with mechanical-shoe primary seals.
Table 31--Typical Number of Vacuum Breakers, NF6 and Roof
Drains,a NF7
------------------------------------------------------------------------
No. of vacuum No. of
breakers, NF6 roof
---------------------- drains, N
Tank diameter D (feet) b F7 double-
Pontoon Double- deck roof
roof deck roof c
------------------------------------------------------------------------
50..................................... 1 1 1
100.................................... 1 1 1
150.................................... 2 2 2
200.................................... 3 2 3
250.................................... 4 3 5
300.................................... 5 3 7
350.................................... 6 4 d
400.................................... 7 4 d
------------------------------------------------------------------------
a This table should not supersede information based on actual tank data.
b If the actual diameter is between the diameters listed, the closest
diameter listed should be used. If the actual diameter is midway
between the diameters listed, the next larger diameter should be used.
c Roof drains that drain excess rainwater into the product are not used
on pontoon floating roofs. They are, however, used on double-deck
floating roofs, and are typically left open.
d For tanks more than 300 feet in diameter, actual tank data or the
manufacturer's recommendations may be needed for the number of roof
drains.
Table 32--Typical Number of Roof Legs,a NF8
------------------------------------------------------------------------
Pontoon roof
---------------------- No. of
Tank diameter D (feet) b No. of No. of legs on
pontoon center double-
legs legs deck roof
------------------------------------------------------------------------
30..................................... 4 2 6
40..................................... 4 4 7
50..................................... 6 6 8
60..................................... 9 7 10
70..................................... 13 9 13
80..................................... 15 10 16
90..................................... 16 12 20
100.................................... 17 16 25
110.................................... 18 20 29
120.................................... 19 24 34
130.................................... 20 28 40
140.................................... 21 33 46
150.................................... 23 38 52
160.................................... 26 42 58
170.................................... 27 49 66
180.................................... 28 56 74
190.................................... 29 62 82
200.................................... 30 69 90
210.................................... 31 77 98
220.................................... 32 83 107
230.................................... 33 92 115
240.................................... 34 101 127
250.................................... 34 109 138
260.................................... 36 118 149
270.................................... 36 128 162
280.................................... 37 138 173
290.................................... 38 148 186
300.................................... 38 156 200
310.................................... 39 168 213
320.................................... 39 179 226
330.................................... 40 190 240
340.................................... 41 202 255
350.................................... 42 213 270
360.................................... 44 226 285
370.................................... 45 238 300
380.................................... 46 252 315
390.................................... 47 266 330
400.................................... 48 281 345
------------------------------------------------------------------------
a This table should not supersede information based on actual tank data.
b If the actual diameter is between the diameters listed, the closest
diameter listed should be used. If the actual diameter is midway
between the diameters listed, the next larger diameter should be used.
Table 33--Saturation Factors
------------------------------------------------------------------------
Cargo carrier Mode of operation S factor
------------------------------------------------------------------------
Tank trucks and rail tank cars... Submerged loading of a 0.50
clean cargo tank.
Submerged loading: 0.60
dedicated normal
service.
Submerged loading: 1.00
dedicated vapor balance
service.
Splash loading of a 1.45
clean cargo tank.
Splash loading: 1.45
dedicated normal
service.
Splash loading: 1.00
dedicated vapor balance
service.
------------------------------------------------------------------------
Table 34. Fraction Measured (Fm) and Fraction Emitted
(Fe) For HAP Compounds in Wastewater Streams
------------------------------------------------------------------------
CAS
Chemical name Number a Fm Fe
------------------------------------------------------------------------
Acetaldehyde........................... 75070 1.00 0.48
Acetonitrile........................... 75058 0.99 0.36
Acetophenone........................... 98862 0.31 0.14
[[Page 323]]
Acrolein............................... 107028 1.00 0.43
Acrylonitrile.......................... 107131 1.00 0.43
Allyl chloride......................... 107051 1.00 0.89
Benzene................................ 71432 1.00 0.80
Benzyl chloride........................ 100447 1.00 0.47
Biphenyl............................... 92524 0.86 0.45
Bromoform.............................. 75252 1.00 0.49
Butadiene (1,3-)....................... 106990 1.00 0.98
Carbon disulfide....................... 75150 1.00 0.92
Carbon tetrachloride................... 56235 1.00 0.94
Chlorobenzene.......................... 108907 1.00 0.73
Chloroform............................. 67663 1.00 0.78
Chloroprene (2-Chloro-1,3-butadiene)... 126998 1.00 0.68
Cumene................................. 98828 1.00 0.88
Dichlorobenzene (p-)................... 106467 1.00 0.72
Dichloroethane (1,2-) (Ethylene 107062 1.00 0.64
dichloride)...........................
Dichloroethyl ether (Bis(2-Chloroethyl 111444 0.76 0.21
ether))...............................
Dichloropropene (1,3-)................. 542756 1.00 0.76
Diethyl sulfate........................ 64675 0.0025 0.11
Dimethyl sulfate....................... 77781 0.086 0.079
Dimethylaniline (N,N-)................. 121697 0.00080 0.34
Dimethylhydrazine (1,1-)............... 57147 0.38 0.054
Dinitrophenol (2,4-)................... 51285 0.0077 0.060
Dinitrotoluene (2,4-).................. 121142 0.085 0.18
Dioxane (1,4-) (1,4-Diethyleneoxide)... 123911 0.87 0.18
Epichlorohydrin(1-Chloro-2,3- 106898 0.94 0.35
epoxypropane).........................
Ethyl acrylate......................... 140885 1.00 0.48
Ethylbenzene........................... 100414 1.00 0.83
Ethyl chloride (Chloroethane).......... 75003 1.00 0.90
Ethylene dibromide (Dibromomethane).... 106934 1.00 0.57
Ethylene glycol dimethyl ether......... 110714 0.86 0.32
Ethylene glycol monobutyl ether acetate 112072 0.043 0.067
Ethylene glycol monomethyl ether 110496 0.093 0.048
acetate...............................
Ethylene oxide......................... 75218 1.00 0.50
Ethylidene dichloride (1,1- 75343 1.00 0.79
Dichloroethane).......................
Hexachlorobenzene...................... 118741 0.97 0.64
Hexachlorobutadiene.................... 87683 0.88 0.86
Hexachloroethane....................... 67721 0.50 0.85
Hexane................................. 110543 1.00 1.00
Isophorone............................. 78591 0.51 0.11
Methanol............................... 67561 0.85 0.17
Methyl bromide (Bromomethane).......... 74839 1.00 0.85
Methyl chloride (Chloromethane)........ 74873 1.00 0.84
Methyl ethyl ketone (2-Butanone)....... 78933 0.99 0.48
Methyl isobutyl ketone (Hexone)........ 108101 0.98 0.53
Methyl methacrylate.................... 80626 1.00 0.37
Methyl tert-butyl ether................ 1634044 1.00 0.57
Methylene chloride (Dichloromethane)... 75092 1.00 0.77
Naphthalene............................ 91203 0.99 0.51
Nitrobenzene........................... 98953 0.39 0.23
Nitropropane (2-)...................... 79469 0.99 0.44
Phosgene............................... 75445 1.00 0.87
Propionaldehyde........................ 123386 1.00 0.41
Propylene dichloride (1,2- 78875 1.00 0.72
Dichloropropane)......................
Propylene oxide........................ 75569 1.00 0.60
Styrene................................ 100425 1.00 0.80
Tetrachloroethane (1,1,2,2-)........... 79345 1.00 0.46
Tetrachloroethylene (Perchloroethylene) 127184 1.00 0.92
Toluene................................ 108883 1.00 0.80
Toluidine (o-)......................... 95534 0.15 0.052
Trichlorobenzene (1,2,4-).............. 120821 1.00 0.64
Trichloroethane (1,1,1-) (Methyl 71556 1.00 0.91
chloroform)...........................
Trichloroethane (1,1,2-) (Vinyl 79005 1.00 0.60
Trichloride)..........................
Trichloroethylene...................... 79016 1.00 0.87
Trichlorophenol (2,4,5-)............... 95954 0.11 0.086
Triethylamine.......................... 121448 1.00 0.38
Trimethylpentane (2,2,4-).............. 540841 1.00 1.00
Vinyl acetate.......................... 108054 1.00 0.59
Vinyl chloride (Chloroethylene)........ 75014 1.00 0.97
Vinylidene chloride (1,1- 75354 1.00 0.94
Dichloroethylene).....................
Xylene (m-)............................ 108383 1.00 0.82
Xylene (o-)............................ 95476 1.00 0.79
[[Page 324]]
Xylene (p-)............................ 106423 1.00 0.82
------------------------------------------------------------------------
a CAS numbers refer to the Chemical Abstracts Service registry number
assigned to specific compounds, isomers, or mixtures of compounds.
Table 35--Control Requirements for Items of Equipment That Meet the
Criteria of Sec. 63.149 of Subpart G
------------------------------------------------------------------------
Item of equipment Control requirement a
------------------------------------------------------------------------
Drain or drain hub................ (a) Tightly fitting solid cover
(TFSC); or
(b) TFSC with a vent to either a
process, or to a fuel gas system,
or to a control device meeting the
requirements of Sec. 63.139(c); or
(c) Water seal with submerged
discharge or barrier to protect
discharge from wind.
Manhole b......................... (a) TFSC; or
(b) TSFC with a vent to either a
process, or to a fuel gas system,
or to a control device meeting the
requirements of Sec. 63.139(c); or
(c) If the item is vented to the
atmosphere, use a TFSC with a
properly operating water seal at
the entrance or exit to the item to
restrict ventilation in the
collection system. The vent pipe
shall be at least 90 cm in length
and not exceeding 10.2 cm in
nominal inside diameter.
Lift station...................... (a) TFSC; or
(b) TFSC with a vent to either a
process, or to a fuel gas system,
or to a control device meeting the
requirements of Sec. 63.139(c); or
(c) If the lift station is vented to
the atmosphere, use a TFSC with a
properly operating water seal at
the entrance or exit to the item to
restrict ventilation in the
collection system. The vent pipe
shall be at least 90 cm in length
and not exceeding 10.2 cm in
nominal inside diameter. The lift
station shall be level controlled
to minimize changes in the liquid
level.
Trench............................ (a) TFSC; or
(b) TFSC with a vent to either a
process, or to a fuel gas system,
or to a control device meeting the
requirements of Sec. 63.139(c); or
(c) If the item is vented to the
atmosphere, use a TFSC with a
properly operating water seal at
the entrance or exit to the item to
restrict ventilation in the
collection system. The vent pipe
shall be at least 90 cm in length
and not exceeding 10.2 cm in
nominal inside diameter.
Pipe.............................. Each pipe shall have no visible gaps
in joints, seals, or other emission
interfaces.
Oil/Water separator............... (a) Equip with a fixed roof and
route vapors to a process or to a
fuel gas system, or equip with a
closed vent system that routes
vapors to a control device meeting
the requirements of Sec.
63.139(c); or
(b) Equip with a floating roof that
meets the equipment specifications
of Sec. 60.693 (a)(1)(i),
(a)(1)(ii), (a)(2), (a)(3), and
(a)(4).
Tank c............................ Maintain a fixed roof.d If the tank
is sparged e or used for heating or
treating by means of an exothermic
reaction, a fixed roof and a system
shall be maintained that routes the
organic hazardous air pollutants
vapors to other process equipment
or a fuel gas system, or a closed
vent system that routes vapors to a
control device that meets the
requirements of 40 CFR Sec. 63.119
(e)(1) or (e)(2).
------------------------------------------------------------------------
a Where a tightly fitting solid cover is required, it shall be
maintained with no visible gaps or openings, except during periods of
sampling, inspection, or maintenance.
b Manhole includes sumps and other points of access to a conveyance
system.
c Applies to tanks with capacities of 38 m\3\ or greater.
d A fixed roof may have openings necessary for proper venting of the
tank, such as pressure/vacuum vent, j-pipe vent.
e The liquid in the tank is agitated by injecting compressed air or gas.
Table 36--Compound Lists Used for Compliance Demonstrations for Enhanced
Biological Treatment Processes (See Sec. 63.145(h))
----------------------------------------------------------------------------------------------------------------
List 1 List 2
----------------------------------------------------------------------------------------------------------------
Acetonitrile........................ Acetaldehyde.
Acetophenone........................ Acrolein.
Acrylonitrile....................... Allyl Chloride.
Biphenyl............................ Benzene.
Chlorobenzene....................... Benzyl Chloride,
Dichloroethyl Ether................. Bromoform.
Diethyl Sulfate..................... Bromomethane.
Dimethyl Sulfate.................... Butadiene 1,3.
Dimethyl Hydrazine 1,1.............. Carbon Disulfide.
Dinitrophenol 2,4................... Carbon Tetrachloride
Dinitrotoluene 2,4.................. Chloroethane (ethyl chloride).
Dioxane 1,4......................... Chloroform.
Ethylene Glycol Monobutyl........... Chloroprene.
Ether Acetate.......................
Ethylene Glycol Monomethyl.......... Cumene (isopropylbenzene).
Ether Acetate.......................
Ethylene Glycol Dimethyl Ether...... Dibromoethane 1,2.
[[Page 325]]
Hexachlorobenzene................... Dichlorobenzene 1,4.
Isophorone.......................... Dichloroethane 1,2.
Methanol............................ Dichloroethane 1,1 (ethylidene dichloride).
Methyl Methacrylate................. Dichloroethene 1,1 (vinylidene chloride).
Nitrobenzene........................ Dichloropropane 1,2.
Toluidine........................... Dichloropropene 1,3.
Trichlorobenzene 1,2,4.............. Dimethylaniline N,N.
Trichlorophenol 2,4,6............... Epichlorohydrin.
Triethylamine....................... Ethyl Acrylate.
Ethylbenzene.
Ethylene Oxide.
Ethylene Dibromide.
Hexachlorobutadiene.
Hexachloroethane.
Hexane-n.
Methyl Isobutyl Ketone.
Methyl Tertiary Butyl Ether.
Methyl Ethyl Ketone, (2-butanone).
Methyl Chloride.
Methylene Chloride (dichloromethane).
Naphthalene.
Nitropropane 2
Phosgene.
Propionaldehyde.
Propylene Oxide.
Styrene.
Tetrachloroethane 1,1,2,2.
TolueneTrichloroethane 1,1,1 (methyl chloroform).
Trichloroethane 1,1,2.
Trichloroethylene.
Trimethylpentane 2,2,4.
Vinyl Chloride.
Vinyl Acetate.
Xylene-m.
Xylene-o.
Xylene-p.
----------------------------------------------------------------------------------------------------------------
Table 37--Default Biorates for List 1 Compounds
------------------------------------------------------------------------
Biorate, K1 L/g
Compound name MLVSS-hr
------------------------------------------------------------------------
Acetonitrile.......................................... 0.100
Acetophenone.......................................... 0.538
Acrylonitrile......................................... 0.750
Biphenyl.............................................. 5.643
Chlorobenzene......................................... 10.000
Dichloroethyl ether................................... 0.246
Diethyl sulfate....................................... 0.105
Dimethyl hydrazine(1,1)............................... 0.227
DIMethyl sulfate...................................... 0.178
Dinitrophenol 2,4..................................... 0.620
Dinitrotoluene(2,4)................................... 0.784
Dioxane(1,4).......................................... 0.393
Ethylene glycol dimethyl ether........................ 0.364
Ethylene glycol monomethyl ether acetate.............. 0.159
Ethylene glycol monobutyl ether acetate............... 0.496
Hexachlorobenzene..................................... 16.179
ISophorone............................................ 0.598
Methanol.............................................. 0.200
Methyl methacrylate................................... 4.300
Nitrobenzene.......................................... 2.300
Toluidine (-0)........................................ 0.859
Trichlorobenzene 1,2,4................................ 4.393
Trichlorophenol 2,4,5................................. 4.477
Triethylamine......................................... 1.064
------------------------------------------------------------------------
[[Page 326]]
Figure 1--Definitions of Terms Used in Wastewater Equations
Main Terms
AMR=Actual mass removal of Table 8 and/or Table 9 compounds achieved by
treatment process or a series of treatment processes, kg/hr.
C=Concentration of Table 8 and/or Table 9 compounds in wastewater, ppmw.
CG=Concentration of TOC (minus methane and ethane) or total organic
hazardous air pollutants, in vented gas stream, dry basis, ppmv.
CGc=Concentration of TOC or organic hazardous air pollutants
corrected to 3-percent oxygen, in vented gas stream, dry basis, ppmv.
CGS=Concentration of sample compounds in vented gas stream, dry basis,
ppmv.
E=Removal or destruction efficiency, percent.
Fbio=Site-specific fraction of Table 8 and/or Table 9
compounds biodegraded, unitless.
fbio=Site-specific fraction of an individual Table 8 or Table
9 compound biodegraded, unitless.
Fm=Compound-specific fraction measured factor, unitless (listed in table
34).
Fr=Fraction removal value for Table 8 and/or Table 9 compounds, unitless
(listed in Table 9).
Fravg=Flow-weighted average of the Fr values.
i=Identifier for a compound.
j=Identifier for a sample.
k=Identifier for a run.
K2=Constant, 41.57 * 10-9, (ppm)-1
(gram-mole per standard m\3\) (kg/g), where standard temperature (gram-
mole per standard m\3\) is 20 deg.C.
m=Number of samples.
M=Mass, kg.
MW=Molecular weight, kg/kg-mole.
n=Number of compounds.
p=Number of runs.
%O2d=Concentration of oxygen, dry basis, percent by volume.
Q=Volumetric flowrate of wastewater, m3/hr.
QG=Volumetric flow rate of vented gas stream, dry standard,
m3/min.
QMG=Mass flowrate of TOC (minus methane and ethane) or organic hazardous
air pollutants, in vented gas stream, kg/hr.
QMW=Mass flowrate of Table 8 and/or Table 9 compounds in wastewater, kg/
hr.
[rho]=Density, kg/m3.
RMR=Required mass removal achieved by treatment process or a series of
treatment processes, kg/hr.
tT=Total time of all runs, hr.
Subscripts
a=Entering.
b=Exiting.
i=Identifier for a compound.
j=Identifier for a sample.
k=Identifier for a run.
m=Number of samples.
n=Number of compounds.
p=Number of runs.
T=Total; sum of individual.
[59 FR 19468, Apr. 22, 1994, as amended at 59 FR 29201, June 6, 1994; 61
FR 63629-63630, Dec. 12, 1995; 62 FR 2779, Jan. 17, 1997; 63 FR 67793,
Dec. 9, 1998; 64 FR 20195, Apr. 26, 1999; 65 FR 78284, Dec. 14, 2000; 66
FR 6935, Jan. 22, 2001]
Subpart H--National Emission Standards for Organic Hazardous Air
Pollutants for Equipment Leaks
Source: 59 FR 19568, Apr. 22, 1994, unless otherwise noted.
Sec. 63.160 Applicability and designation of source.
(a) The provisions of this subpart apply to pumps, compressors,
agitators, pressure relief devices, sampling connection systems, open-
ended valves or lines, valves, connectors, surge control vessels,
bottoms receivers, instrumentation systems, and control devices or
closed vent systems required by this subpart that are intended to
operate in organic hazardous air pollutant service 300 hours or more
during the calendar year within a source subject to the provisions of a
specific subpart in 40 CFR part 63 that references this subpart.
(b) After the compliance date for a process unit, equipment to which
this subpart applies that are also subject to the provisions of:
(1) 40 CFR part 60 will be required to comply only with the
provisions of this subpart.
(2) 40 CFR part 61 will be required to comply only with the
provisions of this subpart.
(c) If a process unit subject to the provisions of this subpart has
equipment to which this subpart does not apply, but which is subject to
a standard identified in paragraph (c)(1), (c)(2), or (c)(3) of this
section, the owner or operator may elect to apply this subpart to all
such equipment in the process unit. If the owner or operator elects this
method of compliance, all VOC in such equipment shall be considered, for
[[Page 327]]
purposes of applicability and compliance with this subpart, as if it
were organic hazardous air pollutant (HAP). Compliance with the
provisions of this subpart, in the manner described in this paragraph,
shall be deemed to constitute compliance with the standard identified in
paragraph (c)(1), (c)(2), or (c)(3) of this section.
(1) 40 CFR part 60, subpart VV, GGG, or KKK; (2) 40 CFR part 61,
subpart F or J; or (3) 40 CFR part 264, subpart BB or 40 CFR part 265,
subpart BB.
(2) [Reserved]
(d) The provisions in Sec. 63.1(a)(3) of subpart A of this part do
not alter the provisions in paragraph (b) of this section.
(e) Except as provided in any subpart that references this subpart,
lines and equipment not containing process fluids are not subject to the
provisions of this subpart. Utilities, and other non-process lines, such
as heating and cooling systems which do not combine their materials with
those in the processes they serve, are not considered to be part of a
process unit.
(f) The provisions of this subpart do not apply to research and
development facilities or to bench-scale batch processes, regardless of
whether the facilities or processes are located at the same plant site
as a process subject to the provisions of this subpart.
(g) Alternative means of compliance. (1) Option to comply with part
65. Owners or operators of CMPU that are subject to Sec. 63.100 may
choose to comply with the provisions of 40 CFR part 65 for all Group 1
and Group 2 process vents, Group 1 storage vessels, Group 1 transfer
operations, and equipment that are subject to Sec. 63.100, that are part
of the CMPU. Other provisions applying to an owner or operator who
chooses to comply with 40 CFR part 65 are provided in 40 CFR 65.1.
(i) For equipment, 40 CFR part 65 satisfies the requirements of
Secs. 63.102, 63.103, and 63.162 through 63.182. When choosing to comply
with 40 CFR part 65, the requirements of Sec. 63.180(d) continue to
apply.
(ii) For Group 1 and Group 2 process vents, Group 1 storage vessels,
and Group 1 transfer operations, comply with Sec. 63.110(i)(1).
(2) Part 65, subpart C or F. For owners or operators choosing to
comply with 40 CFR part 65, each surge control vessel and bottoms
receiver subject to Sec. 63.100 that meets the conditions specified in
table 2 or table 3 of this subpart shall meet the requirements for
storage vessels in 40 CFR part 65, subpart C; all other equipment
subject to Sec. 63.100 shall meet the requirements in 40 CFR part 65,
subpart F.
(3) Part 63, subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart C or F, for equipment subject to
Sec. 63.100 must also comply with the applicable general provisions of
this part 63 listed in table 4 of this subpart. All sections and
paragraphs of subpart A of this part that are not mentioned in table 4
of this subpart do not apply to owners or operators of equipment subject
to Sec. 63.100 of subpart F complying with 40 CFR part 65, subpart C or
F, except that provisions required to be met prior to implementing 40
CFR part 65 still apply. Owners and operators who choose to comply with
40 CFR part 65, subpart C or F, must comply with 40 CFR part 65, subpart
A.
[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994;
59 FR 53360, Oct. 24, 1994; 60 FR 18029, Apr. 10, 1995; 61 FR 31439,
June 20, 1996; 64 FR 20198, Apr. 26, 1999; 65 FR 78285, Dec. 14, 2000]
Sec. 63.161 Definitions.
All terms used in this subpart shall have the meaning given them in
the Act and in this section as follows, except as provided in any
subpart that references this subpart.
Batch process means a process in which the equipment is fed
intermittently or discontinuously. Processing then occurs in this
equipment after which the equipment is generally emptied. Examples of
industries that use batch processes include pharmaceutical production
and pesticide production.
Batch product-process equipment train means the collection of
equipment (e.g., connectors, reactors, valves, pumps, etc.) configured
to produce a specific product or intermediate by a batch process.
Bench-scale batch process means a batch process (other than a
research
[[Page 328]]
and development facility) that is operated on a small scale, such as one
capable of being located on a laboratory bench top. This bench-scale
equipment will typically include reagent feed vessels, a small reactor
and associated product separator, recovery and holding equipment. These
processes are only capable of producing small quantities of product.
Bottoms receiver means a tank that collects distillation bottoms
before the stream is sent for storage or for further downstream
processing.
Closed-loop system means an enclosed system that returns process
fluid to the process and is not vented to the atmosphere except through
a closed-vent system.
Closed-purge system means a system or combination of system and
portable containers, to capture purged liquids. Containers must be
covered or closed when not being filled or emptied.
Closed-vent system means a system that is not open to the atmosphere
and that is composed of hard-piping, ductwork, connections and, if
necessary, flow-inducing devices that transport gas or vapor from a
piece or pieces of equipment to a control device or back into a process.
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.
Compliance date means the dates specified in Sec. 63.100(k) or
Sec. 63.100(l)(3) of subpart F of this part for process units subject to
subpart F of this part; the dates specified in Sec. 63.190(e) of subpart
I of this part for process units subject to subpart I of this part. For
sources subject to other subparts in 40 CFR part 63 that reference this
subpart, compliance date will be defined in those subparts. However, the
compliance date for Sec. 63.170 shall be no later than 3 years after the
effective date of those subparts unless otherwise specified in such
other subparts.
Connector means flanged, screwed, or other joined fittings used to
connect two pipe lines or a pipe line and a piece of equipment. A common
connector is a flange. Joined fittings welded completely around the
circumference of the interface are not considered connectors for the
purpose of this regulation. For the purpose of reporting and
recordkeeping, connector means joined fittings that are not
inaccessible, glass, or glass-lined as described in Sec. 63.174(h) of
this subpart.
Control device means any equipment used for recovering, recapturing,
or oxidizing organic hazardous air pollutant vapors. Such equipment
includes, but is not limited to, absorbers, carbon adsorbers,
condensers, flares, boilers, and process heaters.
Double block and bleed system means two block valves connected in
series with a bleed valve or line that can vent the line between the two
block valves.
Duct work means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
Equipment means each pump, compressor, agitator, pressure relief
device, sampling connection system, open-ended valve or line, valve,
connector, surge control vessel, bottoms receiver, and instrumentation
system in organic hazardous air pollutant service; and any control
devices or systems required by this subpart.
First attempt at repair means to take action for the purpose of
stopping or reducing leakage of organic material to the atmosphere,
followed by monitoring as specified in Sec. 63.180(b) and (c), as
appropriate, to verify whether the leak is repaired, unless the owner or
operator determines by other means that the leak is not repaired.
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 in-process
combustion equipment such as furnaces and gas turbines, either singly or
in combination.
[[Page 329]]
Hard-piping means pipe or tubing that is manufactured and properly
installed using good engineering judgement and standards, such as ANSI
B31-3.
In food/medical service means that a piece of equipment in organic
hazardous air pollutant service contacts a process stream used to
manufacture a Food and Drug Administration regulated product where
leakage of a barrier fluid into the process stream would cause any of
the following:
(1) A dilution of product quality so that the product would not meet
written specifications,
(2) An exothermic reaction which is a safety hazard,
(3) The intended reaction to be slowed down or stopped, or
(4) An undesired side reaction to occur.
In gas/vapor service means that a piece of equipment in organic
hazardous air pollutant service contains a gas or vapor at operating
conditions.
In heavy liquid service means that a piece of equipment in organic
hazardous air pollutant service is not in gas/vapor service or in light
liquid service.
In light liquid service means that a piece of equipment in organic
hazardous air pollutant service contains a liquid that meets the
following conditions:
(1) The vapor pressure of one or more of the organic compounds is
greater than 0.3 kilopascals at 20 deg.C,
(2) The total concentration of the pure organic compounds
constituents having a vapor pressure greater than 0.3 kilopascals at 20
deg.C is equal to or greater than 20 percent by weight of the total
process stream, and
(3) The fluid is a liquid at operating conditions.
Note: Vapor pressures may be determined by the methods described in
40 CFR 60.485(e)(1).
In liquid service means that a piece of equipment in organic
hazardous air pollutant service is not in gas/vapor service.
In organic hazardous air pollutant or in organic HAP service means
that a piece of equipment either contains or contacts a fluid (liquid or
gas) that is at least 5 percent by weight of total organic HAP's as
determined according to the provisions of Sec. 63.180(d) of this
subpart. The provisions of Sec. 63.180(d) of this subpart also specify
how to determine that a piece of equipment is not in organic HAP
service.
In vacuum service means that equipment is operating at an internal
pressure which is at least 5 kilopascals below ambient pressure.
In volatile organic compound or in VOC service means, for the
purposes of this subpart, that:
(1) The piece of equipment contains or contacts a process fluid that
is at least 10 percent VOC by weight (see 40 CFR 60.2 for the definition
of VOC, and 40 CFR 60.485(d) to determine whether a piece of equipment
is not in VOC service); and
(2) The piece of equipment is not in heavy liquid service as defined
in 40 CFR 60.481.
In-situ sampling systems means nonextractive samplers or in-line
samplers.
Initial start-up means the first time a new or reconstructed source
begins production. Initial start-up does not include operation solely
for testing equipment. Initial start-up does not include subsequent
start-ups (as defined in this section) of process units following
malfunctions or process unit shutdowns.
Instrumentation system means a group of equipment components used to
condition and convey a sample of the process fluid to analyzers and
instruments for the purpose of determining process operating conditions
(e.g., composition, pressure, flow, etc.). Valves and connectors are the
predominant type of equipment used in instrumentation systems; however,
other types of equipment may also be included in these systems. Only
valves nominally 0.5 inches and smaller, and connectors nominally 0.75
inches and smaller in diameter are considered instrumentation systems
for the purposes of this subpart. Valves greater than nominally 0.5
inches and connectors greater than nominally 0.75 inches associated with
instrumentation systems are not considered part of instrumentation
systems and must be monitored individually.
[[Page 330]]
Liquids dripping means any visible leakage from the seal including
dripping, spraying, misting, clouding, and ice formation. Indications of
liquid dripping include puddling or new stains that are indicative of an
existing evaporated drip.
Nonrepairable means that it is technically infeasible to repair a
piece of equipment from which a leak has been detected without a process
unit shutdown.
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.
Open-ended valve or line means any valve, except pressure relief
valves, having one side of the valve seat in contact with process fluid
and one side open to atmosphere, either directly or through open piping.
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.
Polymerizing monomer means a molecule or compound usually containing
carbon and of relatively low molecular weight and simple structure
(e.g., hydrogen cyanide, acrylonitrile, styrene), which is capable of
conversion to polymers, synthetic resins, or elastomers by combination
with itself due to heat generation caused by a pump mechanical seal
surface, contamination by a seal fluid (e.g., organic peroxides or
chemicals that will form organic peroxides), or a combination of both
with the resultant polymer buildup causing rapid mechanical seal
failure.
Pressure release means the emission of materials resulting from the
system pressure being greater than the set pressure of the pressure
relief device. This release can be one release or a series of releases
over a short time period due to a malfunction in the process.
Pressure relief device or valve means a safety device used to
prevent operating pressures from exceeding the maximum allowable working
pressure of the process equipment. A common pressure relief device is a
spring-loaded pressure relief valve. Devices that are actuated either by
a pressure of less than or equal to 2.5 psig or by a vacuum are not
pressure relief devices.
Process unit means a chemical manufacturing process unit as defined
in subpart F of this part, a process subject to the provisions of
subpart I of this part, or a process subject to another subpart in 40
CFR part 63 that references this subpart.
Process unit shutdown means a work practice or operational procedure
that stops production from a process unit or part of a process unit
during which it is technically feasible to clear process material from a
process unit or part of a process unit consistent with safety
constraints and during which repairs can be effected. An unscheduled
work practice or operational procedure that stops production from a
process unit or part of a process unit for less than 24 hours is not a
process unit shutdown. An unscheduled work practice or operational
procedure that would stop production from a process unit or part of a
process unit for a shorter period of time than would be required to
clear the process unit or part of the process unit of materials and
start up the unit, and would result in greater emissions than delay of
repair of leaking components until the next scheduled process unit
shutdown, is not a process unit shutdown. The use of spare equipment and
technically feasible bypassing of equipment without stopping production
are not process unit shutdowns.
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. Recapture devices include, but are not limited to,
absorbers, carbon absorbers, 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
[[Page 331]]
for sale for fuel value, use or reuse. Recovery devices include, but are
not limited to, absorbers, carbon absorbers, and condensers. For
purposes of the monitoring, recordkeeping, and reporting requirements of
this subpart, recapture devices are considered recovery devices.
Repaired means that equipment:
(1) Is adjusted, or otherwise altered, to eliminate a leak as
defined in the applicable sections of this subpart, and
(2) Unless otherwise specified in applicable provisions of this
subpart, is monitored as specified in Sec. 63.180 (b) and (c), as
appropriate, to verify that emissions from the equipment are below the
applicable leak definition.
Routed to a process or route to a process means the emissions are
conveyed by hard-piping or a closed vent system to any enclosed portion
of a process unit where the emissions are predominately recycled and/or
consumed in the same manner as a material that fulfills the same
function in the process; and/or transformed by chemical reaction into
materials that are not organic hazardous air pollutants; and/or
incorporated into a product; and/or recovered.
Sampling connection system means an assembly of equipment within a
process unit used during periods of representative operation to take
samples of the process fluid. Equipment used to take non-routine grab
samples is not considered a sampling connection system.
Screwed connector means a threaded pipe fitting where the threads
are cut on the pipe wall and the fitting requires only two pieces to
make the connection (i.e., the pipe and the fitting).
Sensor means a device that measures a physical quantity or the
change in a physical quantity, such as temperature, pressure, flow rate,
pH, or liquid level.
Set pressure means the pressure at which a properly operating
pressure relief device begins to open to relieve atypical process system
operating pressure.
Start-up means the setting in operation of a piece of equipment or a
control device that is subject to this subpart.
Surge control vessel means feed drums, recycle drums, and
intermediate vessels. Surge control vessels are used within a process
unit (as defined in the specific subpart that references this subpart)
when in-process storage, mixing, or management of flow rates or volumes
is needed to assist in production of a product.
[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994;
60 FR 18024, 18029, Apr. 10, 1995; 61 FR 31439, June 20, 1996; 62 FR
2788, Jan. 17, 1997]
Sec. 63.162 Standards: General.
(a) Compliance with this subpart will be determined by review of the
records required by Sec. 63.181 of this subpart and the reports required
by Sec. 63.182 of this subpart, review of performance test results, and
by inspections.
(b)(1) An owner or operator may request a determination of
alternative means of emission limitation to the requirements of
Secs. 63.163 through 63.170, and Secs. 63.172 through 63.174 of this
subpart as provided in Sec. 63.177.
(2) If the Administrator makes a determination that a means of
emission limitation is a permissible alternative to the requirements of
Secs. 63.163 through 63.170, and Secs. 63.172 through 63.174 of this
subpart, the owner or operator shall comply with the alternative.
(c) Each piece of equipment in a process unit to which this subpart
applies shall be identified such that it can be distinguished readily
from equipment that is not subject to this subpart. Identification of
the equipment does not require physical tagging of the equipment. For
example, the equipment may be identified on a plant site plan, in log
entries, or by designation of process unit boundaries by some form of
weatherproof identification.
(d) Equipment that is in vacuum service is excluded from the
requirements of this subpart.
(e) Equipment that is in organic HAP service less than 300 hours per
calendar year is excluded from the requirements of Secs. 63.163 through
63.174 of this subpart and Sec. 63.178 of this subpart if it is
identified as required in Sec. 63.181(j) of this subpart.
(f) When each leak is detected as specified in Secs. 63.163 and
63.164; Secs. 63.168 and 63.169; and Secs. 63.172 through 63.174 of
[[Page 332]]
this subpart, the following requirements apply:
(1) A weatherproof and readily visible identification, marked with
the equipment identification number, shall be attached to the leaking
equipment.
(2) The identification on a valve may be removed after it has been
monitored as specified in Secs. 63.168(f)(3), and 63.175(e)(7)(i)(D) of
this subpart, and no leak has been detected during the follow-up
monitoring. If the owner or operator elects to comply using the
provisions of Sec. 63.174(c)(1)(i) of this subpart, the identification
on a connector may be removed after it is monitored as specified in
Sec. 63.174(c)(1)(i) and no leak is detected during that monitoring.
(3) The identification which has been placed on equipment determined
to have a leak, except for a valve or for a connector that is subject to
the provisions of Sec. 63.174(c)(1)(i), may be removed after it is
repaired.
(g) Except as provided in paragraph (g)(1) of this section, all
terms in this subpart that define a period of time for completion of
required tasks (e.g., weekly, monthly, quarterly, annual), refer to the
standard calendar periods unless specified otherwise in the section or
subsection that imposes the requirement.
(1) If the initial compliance date does not coincide with the
beginning of the standard calendar period, an owner or operator may
elect to utilize a period beginning on the compliance date, or may elect
to comply in accordance with the provisions of paragraphs (g)(2) or
(g)(3) of this section.
(2) Time periods specified in this subpart for completion of
required tasks may be changed by mutual agreement between the owner or
operator and the Administrator, as specified in subpart A of this part.
For each time period that is changed by agreement, the revised period
shall remain in effect until it is changed. A new request is not
necessary for each recurring period.
(3) Except as provided in paragraph (g)(1) or (g)(2) of this
section, where the period specified for compliance is a standard
calendar period, if the initial compliance date does not coincide with
the beginning of the calendar period, compliance shall be required
according to the schedule specified in paragraphs (g)(3)(i) or
(g)(3)(ii) of this section, as appropriate.
(i) 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
(ii) 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.
(4) In all instances where a provision of this subpart requires
completion of a task during each of multiple successive periods, an
owner or operator may perform the required task at any time during each
period, provided the task is conducted at a reasonable interval after
completion of the task during the previous period.
(h) In all cases where the provisions of this subpart require an
owner or operator to repair leaks by a specified time after the leak is
detected, it is a violation of this subpart to fail to take action to
repair the leaks within the specified time. If action is taken to repair
the leaks within the specified time, failure of that action to
successfully repair the leak is not a violation of this subpart.
However, if the repairs are unsuccessful, a leak is detected and the
owner or operator shall take further action as required by applicable
provisions of this subpart.
[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994;
62 FR 2789, Jan. 17, 1997]
Effective Date Note: At 68 FR 37345, June 23, 2003, Sec. 63.162 was
amended by revising paragraph (f)(1) effective August 22, 2003. For the
convenience of the user, the revised text is set forth as follows:
Sec. 63.162 Standards: General.
* * * * *
(f) * * *
(1) Clearly identify the leaking equipment.
* * * * *
[[Page 333]]
Sec. 63.163 Standards: Pumps in light liquid service.
(a) The provisions of this section apply to each pump that is in
light liquid service.
(1) The provisions are to be implemented on the dates specified in
the specific subpart in 40 CFR part 63 that references this subpart in
the phases specified below:
(i) For each group of existing process units at existing sources
subject to the provisions of subparts F or I of this part, the phases of
the standard are:
(A) Phase I, beginning on the compliance date;
(B) Phase II, beginning no later than 1 year after the compliance
date; and
(C) Phase III, beginning no later than 2\1/2\ years after the
compliance date.
(ii) For new sources subject to the provisions of subparts F or I of
this part, the applicable phases of the standard are:
(A) After initial start-up, comply with the Phase II requirements;
and
(B) Beginning no later than 1 year after initial start-up, comply
with the Phase III requirements.
(2) The owner or operator of a source subject to the provisions of
subparts F or I of this part may elect to meet the requirements of a
later phase during the time period specified for an earlier phase.
(3) Sources subject to other subparts in 40 CFR part 63 that
reference this subpart shall comply on the dates specified in the
applicable subpart.
(b)(1) The owner or operator of a process unit subject to this
subpart shall monitor each pump monthly to detect leaks by the method
specified in Sec. 63.180(b) of this subpart and shall comply with the
requirements of paragraphs (a) through (d) of this section, except as
provided in Sec. 63.162(b) of this subpart and paragraphs (e) through
(j) of this section.
(2) The instrument reading, as determined by the method as specified
in Sec. 63.180(b) of this subpart, that defines a leak in each phase of
the standard is:
(i) For Phase I, an instrument reading of 10,000 parts per million
or greater.
(ii) For Phase II, an instrument reading of 5,000 parts per million
or greater.
(iii) For Phase III, an instrument reading of:
(A) 5,000 parts per million or greater for pumps handling
polymerizing monomers;
(B) 2,000 parts per million or greater for pumps in food/medical
service; and
(C) 1,000 parts per million or greater for all other pumps.
(3) Each pump shall be checked by visual inspection each calendar
week for indications of liquids dripping from the pump seal. If there
are indications of liquids dripping from the pump seal, a leak is
detected.
(c)(1) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in paragraph (c)(3) of this section or Sec. 63.171 of
this subpart.
(2) A first attempt at repair shall be made no later than 5 calendar
days after the leak is detected. First attempts at repair include, but
are not limited to, the following practices where practicable:
(i) Tightening of packing gland nuts.
(ii) Ensuring that the seal flush is operating at design pressure
and temperature.
(3) For pumps in Phase III to which a 1,000 parts per million leak
definition applies, repair is not required unless an instrument reading
of 2,000 parts per million or greater is detected.
(d)(1) The owner or operator shall decide no later than the first
monitoring period whether to calculate percent leaking pumps on a
process unit basis or on a source-wide basis. Once the owner or operator
has decided, all subsequent percent calculations shall be made on the
same basis.
(2) If, in Phase III, calculated on a 6-month rolling average, the
greater of either 10 percent of the pumps in a process unit or three
pumps in a process unit leak, the owner or operator shall implement a
quality improvement program for pumps that complies with the
requirements of Sec. 63.176 of this subpart.
(3) The number of pumps at a process unit shall be the sum of all
the pumps in organic HAP service, except that pumps found leaking in a
continuous process unit within 1 month after start-up of the pump shall
not count in
[[Page 334]]
the percent leaking pumps calculation for that one monitoring period
only.
(4) Percent leaking pumps shall be determined by the following
equation:
%PL=((PL-PS)/(PT-
PS))x100
where:
%PL=Percent leaking pumps
PL=Number of pumps found leaking as determined through
monthly monitoring as required in paragraphs (b)(1) and (b)(2) of this
section.
PT=Total pumps in organic HAP service, including those
meeting the criteria in paragraphs (e) and (f) of this section.
PS=Number of pumps leaking within 1 month of start-up during
the current monitoring period.
(e) Each pump equipped with a dual mechanical seal system that
includes a barrier fluid system is exempt from the requirements of
paragraphs (a) through (d) of this section, provided the following
requirements are met:
(1) Each dual mechanical seal system is:
(i) Operated with the barrier fluid at a pressure that is at all
times greater than the pump stuffing box pressure; or
(ii) Equipped with a barrier fluid degassing reservoir that is
routed to a process or fuel gas system or connected by a closed-vent
system to a control device that complies with the requirements of
Sec. 63.172 of this subpart; or
(iii) Equipped with a closed-loop system that purges the barrier
fluid into a process stream.
(2) The barrier fluid is not in light liquid service.
(3) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
(4) Each pump is checked by visual inspection each calendar week for
indications of liquids dripping from the pump seal.
(i) If there are indications of liquids dripping from the pump seal
at the time of the weekly inspection, the pump shall be monitored as
specified in Sec. 63.180(b) of this subpart to determine if there is a
leak of organic HAP in the barrier fluid.
(ii) If an instrument reading of 1,000 parts per million or greater
is measured, a leak is detected.
(5) Each sensor as described in paragraph (e)(3) of this section is
observed daily or is equipped with an alarm unless the pump is located
within the boundary of an unmanned plant site.
(6)(i) The owner or operator determines, based on design
considerations and operating experience, criteria applicable to the
presence and frequency of drips and to the sensor that indicates failure
of the seal system, the barrier fluid system, or both.
(ii) If indications of liquids dripping from the pump seal exceed
the criteria established in paragraph (e)(6)(i) of this section, or if,
based on the criteria established in paragraph (e)(6)(i) of this
section, the sensor indicates failure of the seal system, the barrier
fluid system, or both, a leak is detected.
(iii) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec. 63.171 of this subpart.
(iv) A first attempt at repair shall be made no later than 5
calendar days after each leak is detected.
(f) Any pump that is designed with no externally actuated shaft
penetrating the pump housing is exempt from the requirements of
paragraphs (a) through (c) of this section.
(g) Any pump equipped with a closed-vent system capable of capturing
and transporting any leakage from the seal or seals to a process or to a
fuel gas system or to a control device that complies with the
requirements of Sec. 63.172 of this subpart is exempt from the
requirements of paragraphs (b) through (e) of this section.
(h) Any pump that is located within the boundary of an unmanned
plant site is exempt from the weekly visual inspection requirement of
paragraphs (b)(3) and (e)(4) of this section, and the daily requirements
of paragraph (e)(5) of this section, provided that each pump is visually
inspected as often as practicable and at least monthly.
(i) If more than 90 percent of the pumps at a process unit meet the
criteria in either paragraph (e) or (f) of this section, the process
unit is exempt from the requirements of paragraph (d) of this section.
(j) Any pump that is designated, as described in
Sec. 63.181(b)(7)(i) of this subpart, as an unsafe-to-monitor pump is
[[Page 335]]
exempt from the requirements of paragraphs (b) through (e) of this
section if:
(1) The owner or operator of the pump determines that the pump is
unsafe to monitor because monitoring personnel would be exposed to an
immediate danger as a consequence of complying with paragraphs (b)
through (d) of this section; and
(2) The owner or operator of the pump has a written plan that
requires monitoring of the pump as frequently as practical during safe-
to-monitor times, but not more frequently than the periodic monitoring
schedule otherwise applicable.
[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994;
61 FR 31439, June 20, 1996; 62 FR 2789, Jan. 17, 1997; 64 FR 20198, Apr.
26, 1999]
Sec. 63.164 Standards: Compressors.
(a) Each compressor shall be equipped with a seal system that
includes a barrier fluid system and that prevents leakage of process
fluid to the atmosphere, except as provided in Sec. 63.162(b) of this
subpart and paragraphs (h) and (i) of this section.
(b) Each compressor seal system as required in paragraph (a) of this
section shall be:
(1) Operated with the barrier fluid at a pressure that is greater
than the compressor stuffing box pressure; or
(2) Equipped with a barrier fluid system degassing reservoir that is
routed to a process or fuel gas system or connected by a closed-vent
system to a control device that complies with the requirements of
Sec. 63.172 of this subpart; or
(3) Equipped with a closed-loop system that purges the barrier fluid
directly into a process stream.
(c) The barrier fluid shall not be in light liquid service.
(d) Each barrier fluid system as described in paragraphs (a) through
(c) of this section shall be equipped with a sensor that will detect
failure of the seal system, barrier fluid system, or both.
(e)(1) Each sensor as required in paragraph (d) of this section
shall be observed daily or shall be equipped with an alarm unless the
compressor is located within the boundary of an unmanned plant site.
(2) The owner or operator shall determine, based on design
considerations and operating experience, a criterion that indicates
failure of the seal system, the barrier fluid system, or both.
(f) If the sensor indicates failure of the seal system, the barrier
fluid system, or both based on the criterion determined under paragraph
(e)(2) of this section, a leak is detected.
(g)(1) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec. 63.171 of this subpart.
(2) A first attempt at repair shall be made no later than 5 calendar
days after each leak is detected.
(h) A compressor is exempt from the requirements of paragraphs (a)
through (g) of this section if it is equipped with a closed-vent system
to capture and transport leakage from the compressor drive shaft seal
back to a process or a fuel gas system or to a control device that
complies with the requirements of Sec. 63.172 of this subpart.
(i) Any compressor that is designated, as described in
Sec. 63.181(b)(2)(ii) of this subpart, to operate with an instrument
reading of less than 500 parts per million above background, is exempt
from the requirements of paragraphs (a) through (h) of this section if
the compressor:
(1) Is demonstrated to be operating with an instrument reading of
less than 500 parts per million above background, as measured by the
method specified in Sec. 63.180(c) of this subpart; and
(2) Is tested for compliance with paragraph (i)(1) of this section
initially upon designation, annually, and at other times requested by
the Administrator.
[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994;
62 FR 2790, Jan. 17, 1997; 64 FR 20198, Apr. 26, 1999]
Sec. 63.165 Standards: Pressure relief devices in gas/vapor service.
(a) Except during pressure releases, each pressure relief device in
gas/vapor service shall be operated with an instrument reading of less
than 500 parts per million above background except as
[[Page 336]]
provided in paragraph (b) of this section, as measured by the method
specified in Sec. 63.180(c) of this subpart.
(b)(1) After each pressure release, the pressure relief device shall
be returned to a condition indicated by an instrument reading of less
than 500 parts per million above background, as soon as practicable, but
no later than 5 calendar days after each pressure release, except as
provided in Sec. 63.171 of this subpart.
(2) No later than 5 calendar days after the pressure release and
being returned to organic HAP service, the pressure relief device shall
be monitored to confirm the condition indicated by an instrument reading
of less than 500 parts per million above background, as measured by the
method specified in Sec. 63.180(c) of this subpart.
(c) Any pressure relief device that is routed to a process or fuel
gas system or equipped with a closed-vent system capable of capturing
and transporting leakage from the pressure relief device to a control
device as described in Sec. 63.172 of this subpart is exempt from the
requirements of paragraphs (a) and (b) of this section.
(d)(1) Any pressure relief device that is equipped with a rupture
disk upstream of the pressure relief device is exempt from the
requirements of paragraphs (a) and (b) of this section, provided the
owner or operator complies with the requirements in paragraph (d)(2) of
this section.
(2) After each pressure release, a rupture disk shall be installed
upstream of the pressure relief device as soon as practicable, but no
later than 5 calendar days after each pressure release, except as
provided in Sec. 63.171 of this subpart.
[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994;
62 FR 2790, Jan. 17, 1997]
Sec. 63.166 Standards: Sampling connection systems.
(a) Each sampling connection system shall be equipped with a closed-
purge, closed-loop, or closed-vent system, except as provided in
Sec. 63.162(b) of this subpart. Gases displaced during filling of the
sample container are not required to be collected or captured.
(b) Each closed-purge, closed-loop, or closed-vent system as
required in paragraph (a) of this section shall:
(1) Return the purged process fluid directly to the process line; or
(2) Collect and recycle the purged process fluid to a process; or
(3) Be designed and operated to capture and transport the purged
process fluid to a control device that complies with the requirements of
Sec. 63.172 of this subpart; or
(4) Collect, store, and transport the purged process fluid to a
system or facility identified in paragraph (b)(4)(i), (ii), or (iii) of
this section.
(i) A waste management unit as defined in Sec. 63.111 of subpart G
of this part, if the waste management unit is subject to, and operated
in compliance with the provisions of subpart G of this part applicable
to group 1 wastewater streams. If the purged process fluid does not
contain any organic HAP listed in Table 9 of subpart G of part 63, the
waste management unit need not be subject to, and operated in compliance
with the requirements of 40 CFR part 63, subpart G applicable to group 1
wastewater streams provided the facility has an NPDES permit or sends
the wastewater to an NPDES permitted facility.
(ii) A treatment, storage, or disposal facility subject to
regulation under 40 CFR part 262, 264, 265, or 266; or
(iii) A facility permitted, licensed, or registered by a State to
manage municipal or industrial solid waste, if the process fluids are
not hazardous waste as defined in 40 CFR part 261.
(c) In-situ sampling systems and sampling systems without purges are
exempt from the requirements of paragraphs (a) and (b) of this section.
[59 FR 19568, Apr. 22, 1994, as amended at 61 FR 31439, June 20, 1996]
Sec. 63.167 Standards: Open-ended valves or lines.
(a)(1) Each open-ended valve or line shall be equipped with a cap,
blind flange, plug, or a second valve, except as provided in
Sec. 63.162(b) of this subpart and paragraphs (d) and (e) of this
section.
(2) The cap, blind flange, plug, or second valve shall seal the open
end at all
[[Page 337]]
times except during operations requiring process fluid flow through the
open-ended valve or line, or during maintenance or repair.
(b) Each open-ended valve or line equipped with a second valve shall
be operated in a manner such that the valve on the process fluid end is
closed before the second valve is closed.
(c) When a double block and bleed system is being used, the bleed
valve or line may remain open during operations that require venting the
line between the block valves but shall comply with paragraph (a) of
this section at all other times.
(d) Open-ended valves or lines in an emergency shutdown system which
are designed to open automatically in the event of a process upset are
exempt from the requirements of paragraphs (a), (b) and (c) of this
section.
(e) Open-ended valves or lines containing materials which would
autocatalytically polymerize or, would present an explosion, serious
overpressure, or other safety hazard if capped or equipped with a double
block and bleed system as specified in paragraphs (a) through (c) of
this section are exempt from the requirements of paragraph (a) through
(c) of this section.
[59 FR 19568, Apr. 22, 1994, as amended at 61 FR 31440, June 20, 1996]
Sec. 63.168 Standards: Valves in gas/vapor service and in light liquid service.
(a) The provisions of this section apply to valves that are either
in gas service or in light liquid service.
(1) The provisions are to be implemented on the dates set forth in
the specific subpart in 40 CFR part 63 that references this subpart as
specified in paragraph (a)(1)(i), (a)(1)(ii), or (a)(1)(iii) of this
section.
(i) For each group of existing process units at existing sources
subject to the provisions of subpart F or I of this part, the phases of
the standard are:
(A) Phase I, beginning on the compliance date;
(B) Phase II, beginning no later than 1 year after the compliance
date; and
(C) Phase III, beginning no later than 2\1/2\ years after the
compliance date.
(ii) For new sources subject to the provisions of subpart F or I of
this part, the applicable phases of the standard are:
(A) After initial start-up, comply with the Phase II requirements;
and
(B) Beginning no later than 1 year after initial start-up, comply
with the Phase III requirements.
(iii) Sources subject to other subparts in 40 CFR part 63 that
reference this subpart shall comply on the dates specified in the
applicable subpart.
(2) The owner or operator of a source subject to this subpart may
elect to meet the requirements of a later phase during the time period
specified for an earlier phase.
(3) The use of monitoring data generated before April 22, 1994 to
qualify for less frequent monitoring is governed by the provisions of
Sec. 63.180(b)(6) of this subpart.
(b) The owner or operator of a source subject to this subpart shall
monitor all valves, except as provided in Sec. 63.162(b) of this subpart
and paragraphs (h) and (i) of this section, at the intervals specified
in paragraphs (c) and (d) of this section and shall comply with all
other provisions of this section, except as provided in Sec. 63.171,
Sec. 63.177, Sec. 63.178, and Sec. 63.179 of this subpart.
(1) The valves shall be monitored to detect leaks by the method
specified in Sec. 63.180(b) of this subpart.
(2) The instrument reading that defines a leak in each phase of the
standard is:
(i) For Phase I, an instrument reading of 10,000 parts per million
or greater.
(ii) For Phase II, an instrument reading of 500 parts per million or
greater.
(iii) For Phase III, an instrument reading of 500 parts per million
or greater.
(c) In Phases I and II, each valve shall be monitored quarterly.
(d) In Phase III, the owner or operator shall monitor valves for
leaks at the intervals specified below:
(1) At process units with 2 percent or greater leaking valves,
calculated according to paragraph (e) of this section, the owner or
operator shall either:
(i) Monitor each valve once per month; or
(ii) Within the first year after the onset of Phase III, implement a
quality
[[Page 338]]
improvement program for valves that complies with the requirements of
Sec. 63.175 (d) or (e) of this subpart and monitor quarterly.
(2) At process units with less than 2 percent leaking valves, the
owner or operator shall monitor each valve once each quarter, except as
provided in paragraphs (d)(3) and (d)(4) of this section.
(3) At process units with less than 1 percent leaking valves, the
owner or operator may elect to monitor each valve once every 2 quarters.
(4) At process units with less than 0.5 percent leaking valves, the
owner or operator may elect to monitor each valve once every 4 quarters.
(e)(1) Percent leaking valves at a process unit shall be determined
by the following equation:
%VL=(VL/(VT+VC))x100
where:
%VL=Percent leaking valves as determined through periodic
monitoring required in paragraphs (b) through (d) of this section.
VL=Number of valves found leaking excluding nonrepairables as
provided in paragraph (e)(3)(i) of this section.
VT=Total valves monitored, in a monitoring period excluding
valves monitored as required by (f)(3) of this section.
VC=Optional credit for removed valves=0.67 x net number
(i.e., total removed-total added) of valves in organic HAP service
removed from process unit after the date set forth in Sec. 63.100(k) of
subpart F for existing process units, and after the date of initial
start-up for new sources. If credits are not taken, then
VC=0.
(2) For use in determining monitoring frequency, as specified in
paragraph (d) of this section, the percent leaking valves shall be
calculated as a rolling average of two consecutive monitoring periods
for monthly, quarterly, or semiannual monitoring programs; and as an
average of any three out of four consecutive monitoring periods for
annual monitoring programs.
(3)(i) Nonrepairable valves shall be included in the calculation of
percent leaking valves the first time the valve is identified as leaking
and nonrepairable and as required to comply with paragraph (e)(3)(ii) of
this section. Otherwise, a number of nonrepairable valves (identified
and included in the percent leaking calculation in a previous period) up
to a maximum of 1 percent of the total number of valves in organic HAP
service at a process unit may be excluded from calculation of percent
leaking valves for subsequent monitoring periods.
(ii) If the number of nonrepairable valves exceeds 1 percent of the
total number of valves in organic HAP service at a process unit, the
number of nonrepairable valves exceeding 1 percent of the total number
of valves in organic HAP service shall be included in the calculation of
percent leaking valves.
(f)(1) When a leak is detected, it shall be repaired as soon as
practicable, but no later than 15 calendar days after the leak is
detected, except as provided in Sec. 63.171 of this subpart.
(2) A first attempt at repair shall be made no later than 5 calendar
days after each leak is detected.
(3) When a leak has been repaired, the valve shall be monitored at
least once within the first 3 months after its repair.
(i) The monitoring shall be conducted as specified in Sec. 63.180
(b) and (c), as appropriate, to determine whether the valve has resumed
leaking.
(ii) Periodic monitoring required by paragraphs (b) through (d) of
this section may be used to satisfy the requirements of this paragraph
(f)(3), if the timing of the monitoring period coincides with the time
specified in this paragraph (f)(3). Alternatively, other monitoring may
be performed to satisfy the requirements of this paragraph (f)(3),
regardless of whether the timing of the monitoring period for periodic
monitoring coincides with the time specified in this paragraph (f)(3).
(iii) If a leak is detected by monitoring that is conducted pursuant
to paragraph (f)(3) of this section, the owner or operator shall follow
the provisions of paragraphs (f)(3)(iii)(A) and (f)(3)(iii)(B) of this
section, to determine whether that valve must be counted as a leaking
valve for purposes of Sec. 63.168(e) of this subpart.
(A) If the owner or operator elected to use periodic monitoring
required by paragraphs (b) through (d) of this section to satisfy the
requirements of paragraph (f)(3) of this section, then the valve shall
be counted as a leaking valve.
[[Page 339]]
(B) If the owner or operator elected to use other monitoring, prior
to the periodic monitoring required by paragraphs (b) through (d) of
this section, to satisfy the requirements of paragraph (f)(3) of this
section, then the valve shall be counted as a leaking valve unless it is
repaired and shown by periodic monitoring not to be leaking.
(g) First attempts at repair include, but are not limited to, the
following practices where practicable:
(1) Tightening of bonnet bolts,
(2) Replacement of bonnet bolts,
(3) Tightening of packing gland nuts, and
(4) Injection of lubricant into lubricated packing.
(h) Any valve that is designated, as described in
Sec. 63.181(b)(7)(i) of this subpart, as an unsafe-to-monitor valve is
exempt from the requirements of paragraphs (b) through (f) of this
section if:
(1) The owner or operator of the valve determines that the valve is
unsafe to monitor because monitoring personnel would be exposed to an
immediate danger as a consequence of complying with paragraphs (b)
through (d) of this section; and
(2) The owner or operator of the valve has a written plan that
requires monitoring of the valve as frequently as practicable during
safe-to-monitor times, but not more frequently than the periodic
monitoring schedule otherwise applicable.
(i) Any valve that is designated, as described in
Sec. 63.181(b)(7)(ii) of this subpart, as a difficult-to-monitor valve
is exempt from the requirements of paragraphs (b) through (d) of this
section if:
(1) The owner or operator of the valve determines that the valve
cannot be monitored without elevating the monitoring personnel more than
2 meters above a support surface or it is not accessible at anytime in a
safe manner;
(2) The process unit within which the valve is located is an
existing source or the owner or operator designates less than 3 percent
of the total number of valves in a new source as difficult-to-monitor;
and
(3) The owner or operator of the valve follows a written plan that
requires monitoring of the valve at least once per calendar year.
(j) Any equipment located at a plant site with fewer than 250 valves
in organic HAP service is exempt from the requirements for monthly
monitoring and a quality improvement program specified in paragraph
(d)(1) of this section. Instead, the owner or operator shall monitor
each valve in organic HAP service for leaks once each quarter, or comply
with paragraph (d)(3) or (d)(4) of this section except as provided in
paragraphs (h) and (i) of this section.
[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994;
61 FR 31440, June 20, 1996; 62 FR 2790, Jan. 17, 1997]
Sec. 63.169 Standards: Pumps, valves, connectors, and agitators in heavy liquid service; instrumentation systems; and pressure relief devices in liquid
service.
(a) Pumps, valves, connectors, and agitators in heavy liquid
service, pressure relief devices in light liquid or heavy liquid
service, and instrumentation systems shall be monitored within 5
calendar days by the method specified in Sec. 63.180(b) of this subpart
if evidence of a potential leak to the atmosphere is found by visual,
audible, olfactory, or any other detection method. If such a potential
leak is repaired as required in paragraphs (c) and (d) of this section,
it is not necessary to monitor the system for leaks by the method
specified in Sec. 63.180(b) of this subpart.
(b) If an instrument reading of 10,000 parts per million or greater
for agitators, 5,000 parts per million or greater for pumps handling
polymerizing monomers, 2,000 parts per million or greater for all other
pumps (including pumps in food/medical service), or 500 parts per
million or greater for valves, connectors, instrumentation systems, and
pressure relief devices is measured, a leak is detected.
(c)(1) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec. 63.171 of this subpart.
(2) The first attempt at repair shall be made no later than 5
calendar days after each leak is detected.
(3) For equipment identified in paragraph (a) of this section that
is not monitored by the method specified in Sec. 63.180(b), repaired
shall mean that the
[[Page 340]]
visual, audible, olfactory, or other indications of a leak to the
atmosphere have been eliminated; that no bubbles are observed at
potential leak sites during a leak check using soap solution; or that
the system will hold a test pressure.
(d) First attempts at repair include, but are not limited to, the
practices described under Secs. 63.163(c)(2) and 63.168(g) of this
subpart, for pumps and valves, respectively.
[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994;
60 FR 18029, Apr. 10, 1995; 62 FR 2790, Jan. 17, 1997; 65 FR 78285, Dec.
14, 2000]
Sec. 63.170 Standards: Surge control vessels and bottoms receivers.
Each surge control vessel or bottoms receiver that is not routed
back to the process and that meets the conditions specified in table 2
or table 3 of this subpart shall be equipped with a closed-vent system
that routes the organic vapors vented from the surge control vessel or
bottoms receiver back to the process or to a control device that
complies with the requirements in Sec. 63.172 of this subpart, except as
provided in Sec. 63.162(b) of this subpart, or comply with the
requirements of Sec. 63.119(b) or (c) of subpart G of this part.
[60 FR 18024, Apr. 10, 1995]
Sec. 63.171 Standards: Delay of repair.
(a) Delay of repair of equipment for which leaks have been detected
is allowed if repair within 15 days is technically infeasible without a
process unit shutdown. Repair of this equipment shall occur by the end
of the next process unit shutdown.
(b) Delay of repair of equipment for which leaks have been detected
is allowed for equipment that is isolated from the process and that does
not remain in organic HAP service.
(c) Delay of repair for valves, connectors, and agitators is also
allowed if:
(1) The owner or operator determines that emissions of purged
material resulting from immediate repair would be greater than the
fugitive emissions likely to result from delay of repair, and
(2) When repair procedures are effected, the purged material is
collected and destroyed or recovered in a control device complying with
Sec. 63.172 of this subpart.
(d) Delay of repair for pumps is also allowed if:
(1) Repair requires replacing the existing seal design with a new
system that the owner or operator has determined under the provisions of
Sec. 63.176(d) of this subpart will provide better performance or:
(i) A dual mechanical seal system that meets the requirements of
Sec. 63.163(e) of this subpart,
(ii) A pump that meets the requirements of Sec. 63.163(f) of this
subpart, or
(iii) A closed-vent system and control device that meets the
requirements of Sec. 63.163(g) of this subpart; and
(2) Repair is completed as soon as practicable, but not later than 6
months after the leak was detected.
(e) Delay of repair beyond a process unit shutdown will be allowed
for a valve if valve assembly replacement is necessary during the
process unit shutdown, valve assembly supplies have been depleted, and
valve assembly supplies had been sufficiently stocked before the
supplies were depleted. Delay of repair beyond the second process unit
shutdown will not be allowed unless the third process unit shutdown
occurs sooner than 6 months after the first process unit shutdown.
[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994;
65 FR 78285, Dec. 14, 2000]
Sec. 63.172 Standards: Closed-vent systems and control devices.
(a) Owners or operators of closed-vent systems and control devices
used to comply with provisions of this subpart shall comply with the
provisions of this section, except as provided in Sec. 63.162(b) of this
subpart.
(b) Recovery or recapture devices (e.g., condensers and absorbers)
shall be designed and operated to recover the organic hazardous air
pollutant emissions or volatile organic compounds emissions vented to
them with an efficiency of 95 percent or greater, or to an exit
concentration of 20 parts par million by volume, whichever is less
stringent. The 20 parts per million by volume performance standard is
not applicable to the provisions of Sec. 63.179.
[[Page 341]]
(c) Enclosed combustion devices shall be designed and operated to
reduce the organic hazardous air pollutant emissions or volatile organic
compounds emissions vented to them with an efficiency of 95 percent or
greater, or to an exit concentration of 20 parts per million by volume,
on a dry basis, corrected to 3 percent oxygen, whichever is less
stringent, or to provide a minimum residence time of 0.50 seconds at a
minimum temperature of 760 deg.C.
(d) Flares used to comply with this subpart shall comply with the
requirements of Sec. 63.11(b) of subpart A of this part.
(e) Owners or operators of control devices that are used to comply
with the provisions of this subpart shall monitor these control devices
to ensure that they are operated and maintained in conformance with
their design.
Note: The intent of this provision is to ensure proper operation and
maintenance of the control device.
(f) Except as provided in paragraphs (k) and (l) of this section,
each closed-vent system shall be inspected according to the procedures
and schedule specified in paragraphs (f)(1) and (f)(2) of this section.
(1) If the closed-vent system is constructed of hard-piping, the
owner or operator shall:
(i) Conduct an initial inspection according to the procedures in
paragraph (g) 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 duct work, the owner or operator shall:
(i) Conduct an initial inspection according to the procedures in
paragraph (g) of this section, and
(ii) Conduct annual inspections according to the procedures in
paragraph (g) of this section.
(g) Each closed-vent system shall be inspected according to the
procedures in Sec. 63.180(b) of this subpart.
(h) 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 (i) 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 (i) of this
section.
(i) Delay of repair of a closed-vent system for which leaks have
been detected is allowed if the repair is technically infeasible without
a process unit shutdown 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 process unit
shutdown.
(j) For each 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 (j)(1) or (j)(2) of this section, except as provided in
paragraph (j)(3) of this section.
(1) Install, set or adjust, maintain, and operate a flow indicator
that takes a reading at least once every 15 minutes. Records shall be
generated as specified in Sec. 63.118(a)(3) of subpart G of this part.
The flow indicator shall be installed at the entrance to any bypass
line; 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 the valve is maintained in the non-diverting 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.
(k) Any parts of the closed-vent system that are designated, as
described in paragraph 63.181(b)(7)(i), as unsafe to inspect are exempt
from the inspection requirements of paragraphs (f)(1) and (f)(2) 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
[[Page 342]]
danger as a consequence of complying with paragraph (f)(1) or (f)(2) 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, but not more frequently than annually.
(l) Any parts of the closed-vent system that are designated, as
described in Sec. 63.181 (b)(7)(i) of this subpart, as difficult to
inspect are exempt from the inspection requirements of paragraphs (f)(1)
and (f)(2) 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.
(m) Whenever organic HAP emissions are vented to a closed-vent
system or control device used to comply with the provisions of this
subpart, such system or control device shall be operating.
(n) After the compliance dates specified in Sec. 63.100 of subpart F
of this part, the owner or operator of any control device subject to
this subpart that is also subject to monitoring, recordkeeping, and
reporting requirements in 40 CFR part 264, subpart BB, or is subject to
monitoring and recordkeeping requirements in 40 CFR part 265, subpart
BB, 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
chosen, in the next periodic report required by Sec. 63.182(d).
[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994;
61 FR 31440, June 20, 1996; 62 FR 2790, Jan. 17, 1997]
Sec. 63.173 Standards: Agitators in gas/vapor service and in light liquid service.
(a)(1) Each agitator shall be monitored monthly to detect leaks by
the methods specified in Sec. 63.180(b) of this subpart, except as
provided in Sec. 63.162(b) of this subpart.
(2) If an instrument reading of 10,000 parts per million or greater
is measured, a leak is detected.
(b)(1) Each agitator shall be checked by visual inspection each
calendar week for indications of liquids dripping from the agitator.
(2) If there are indications of liquids dripping from the agitator,
a leak is detected.
(c)(1) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec. 63.171 of this subpart.
(2) A first attempt at repair shall be made no later than 5 calendar
days after each leak is detected.
(d) Each agitator equipped with a dual mechanical seal system that
includes a barrier fluid system is exempt from the requirements of
paragraph (a) of this section, provided the requirements specified in
paragraphs (d)(1) through (d)(6) of this section are met:
(1) Each dual mechanical seal system is:
(i) Operated with the barrier fluid at a pressure that is at all
times greater than the agitator stuffing box pressure; or
(ii) Equipped with a barrier fluid degassing reservoir that is
routed to a process or fuel gas system or connected by a closed-vent
system to a control device that complies with the requirements of
Sec. 63.172 of this subpart; or
(iii) Equipped with a closed-loop system that purges the barrier
fluid into a process stream.
(2) The barrier fluid is not in light liquid organic HAP service.
(3) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
(4) Each agitator is checked by visual inspection each calendar week
for indications of liquids dripping from the agitator seal.
(i) If there are indications of liquids dripping from the agitator
seal at the time of the weekly inspection, the agitator shall be
monitored as specified in Sec. 63.180(b) of this subpart to determine
the presence of organic HAP in the barrier fluid.
[[Page 343]]
(ii) If an instrument reading of 10,000 parts per million or greater
is measured, a leak is detected.
(5) Each sensor as described in paragraph (d)(3) of this section is
observed daily or is equipped with an alarm unless the agitator is
located within the boundary of an unmanned plant site.
(6)(i) The owner or operator determines, based on design
considerations and operating experience, criteria applicable to the
presence and frequency of drips and to the sensor that indicates failure
of the seal system, the barrier fluid system, or both.
(ii) If indications of liquids dripping from the agitator seal
exceed the criteria established in paragraph (d)(6)(i) of this section,
or if, based on the criteria established in paragraph (d)(6)(i) of this
section, the sensor indicates failure of the seal system, the barrier
fluid system, or both, a leak is detected.
(iii) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec. 63.171 of this subpart.
(iv) A first attempt at repair shall be made no later than 5
calendar days after each leak is detected.
(e) Any agitator that is designed with no externally actuated shaft
penetrating the agitator housing is exempt from paragraphs (a) through
(c) of this section.
(f) Any agitator equipped with a closed-vent system capable of
capturing and transporting any leakage from the seal or seals to a
process or fuel gas system or to a control device that complies with the
requirements of Sec. 63.172 of this subpart is exempt from the
requirements of paragraphs (a) through (c) of the section.
(g) Any agitator that is located within the boundary of an unmanned
plant site is exempt from the weekly visual inspection requirement of
paragraphs (b)(1) and (d)(4) of this section, and the daily requirements
of paragraph (d)(5) of this section, provided that each agitator is
visually inspected as often as practical and at least monthly.
(h) Any agitator that is difficult-to-monitor is exempt from the
requirements of paragraphs (a) through (d) of this section if:
(1) The owner or operator determines that the agitator cannot be
monitored without elevating the monitoring personnel more than two
meters above a support surface or it is not accessible at anytime in a
safe manner;
(2) The process unit within which the agitator is located is an
existing source or the owner or operator designates less than three
percent of the total number of agitators in a new source as difficult-
to-monitor; and
(3) The owner or operator follows a written plan that requires
monitoring of the agitator at least once per calendar year.
(i) Any agitator that is obstructed by equipment or piping that
prevents access to the agitator by a monitor probe is exempt from the
monitoring requirements of paragraphs (a) through (d) of this section.
(j) Any agitator that is designated, as described in
Sec. 63.181(b)(7)(i) of this subpart, as an unsafe-to-monitor agitator
is exempt from the requirements of paragraphs (a) through (d) of this
section if:
(1) The owner or operator of the agitator determines that the
agitator is unsafe to monitor because monitoring personnel would be
exposed to an immediate danger as a consequence of complying with
paragraphs (a) through (d) of this section; and
(2) The owner or operator of the agitator has a written plan that
requires monitoring of the agitator as frequently as practical during
safe-to-monitor times, but not more frequently than the periodic
monitoring schedule otherwise applicable.
[59 FR 19568, Apr. 22, 1994, as amended at 61 FR 31440, June 20, 1996;
62 FR 2791, Jan. 17, 1997; 64 FR 20198, Apr. 26, 1999]
Sec. 63.174 Standards: Connectors in gas/vapor service and in light liquid service.
(a) The owner or operator of a process unit subject to this subpart
shall monitor all connectors in gas/vapor and light liquid service,
except as provided in Sec. 63.162(b) of this subpart, and in paragraphs
(f) through (h) of this section, at the intervals specified in paragraph
(b) of this section.
[[Page 344]]
(1) The connectors shall be monitored to detect leaks by the method
specified in Sec. 63.180(b) of this subpart.
(2) If an instrument reading greater than or equal to 500 parts per
million is measured, a leak is detected.
(b) The owner or operator shall monitor for leaks at the intervals
specified in either paragraph (b)(1) or (b)(2) of this section and in
paragraph (b)(3) of this section.
(1) For each group of existing process units within an existing
source, by no later than 12 months after the compliance date, the owner
or operator shall monitor all connectors, except as provided in
paragraphs (f) through (h) of this section.
(2) For new sources, within the first 12 months after initial start-
up or by no later than 12 months after the date of promulgation of a
specific subpart that references this subpart, whichever is later, the
owner or operator shall monitor all connectors, except as provided in
paragraphs (f) through (h) of this section.
(3) After conducting the initial survey required in paragraph (b)(1)
or (b)(2) of this section, the owner or operator shall perform all
subsequent monitoring of connectors at the frequencies specified in
paragraphs (b)(3)(i) through (b)(3)(v) of this section, except as
provided in paragraph (c)(2) of this section:
(i) Once per year (i.e., 12-month period), if the percent leaking
connectors in the process unit was 0.5 percent or greater during the
last required annual or biennial monitoring period.
(ii) Once every 2 years, if the percent leaking connectors was less
than 0.5 percent during the last required monitoring period. An owner or
operator may comply with this paragraph by monitoring at least 40
percent of the connectors in the first year and the remainder of the
connectors in the second year. The percent leaking connectors will be
calculated for the total of all monitoring performed during the 2-year
period.
(iii) If the owner or operator of a process unit in a biennial leak
detection and repair program calculates less than 0.5 percent leaking
connectors from the 2-year monitoring period, the owner or operator may
monitor the connectors one time every 4 years. An owner or operator may
comply with the requirements of this paragraph by monitoring at least 20
percent of the connectors each year until all connectors have been
monitored within 4 years.
(iv) If a process unit complying with the requirements of paragraph
(b) of this section using a 4-year monitoring interval program has
greater than or equal to 0.5 percent but less than 1 percent leaking
connectors, the owner or operator shall increase the monitoring
frequency to one time every 2 years. An owner or operator may comply
with the requirements of this paragraph by monitoring at least 40
percent of the connectors in the first year and the remainder of the
connectors in the second year. The owner or operator may again elect to
use the provisions of paragraph (b)(3)(iii) of this section when the
percent leaking connectors decreases to less than 0.5 percent.
(v) If a process unit complying with requirements of paragraph
(b)(3)(iii) of this section using a 4-year monitoring interval program
has 1 percent or greater leaking connectors, the owner or operator shall
increase the monitoring frequency to one time per year. The owner or
operator may again elect to use the provisions of paragraph (b)(3)(iii)
of this section when the percent leaking connectors decreases to less
than 0.5 percent.
(4) The use of monitoring data generated before April 22, 1994 to
qualify for less frequent monitoring is governed by the provisions of
Sec. 63.180(b)(6).
(c)(1)(i) Except as provided in paragraph (c)(1)(ii) of this
section, each connector that has been opened or has otherwise had the
seal broken shall be monitored for leaks when it is reconnected or
within the first 3 months after being returned to organic hazardous air
pollutants service. If the monitoring detects a leak, it shall be
repaired according to the provisions of paragraph (d) of this section,
unless it is determined to be nonrepairable, in which case it is counted
as a nonrepairable connector for the purposes of paragraph (i)(2) of
this section.
(ii) As an alternative to the requirements in paragraph (c)(1)(i) of
this section, an owner or operator may choose
[[Page 345]]
not to monitor connectors that have been opened or otherwise had the
seal broken. In this case, the owner or operator may not count
nonrepairable connectors for the purposes of paragraph (i)(2) of this
section. The owner or operator shall calculate the percent leaking
connectors for the monitoring periods described in paragraph (b) of this
section, by setting the nonrepairable component, CAN, in the
equation in paragraph (i)(2) of this section to zero for all monitoring
periods.
(iii) An owner or operator may switch alternatives described in
paragraphs (c)(1) (i) and (ii) of this section at the end of the current
monitoring period he is in, provided that it is reported as required in
Sec. 63.182 of this subpart and begin the new alternative in annual
monitoring. The initial monitoring in the new alternative shall be
completed no later than 12 months after reporting the switch.
(2) As an alternative to the requirements of paragraph (b)(3) of
this section, each screwed connector 2 inches or less in nominal inside
diameter installed in a process unit before the dates specified in
paragraph (c)(2)(iii) or (c)(2)(iv) of this section may:
(i) Comply with the requirements of Sec. 63.169 of this subpart, and
(ii) Be monitored for leaks within the first 3 months after being
returned to organic hazardous air pollutants service after having been
opened or otherwise had the seal broken. If that monitoring detects a
leak, it shall be repaired according to the provisions of paragraph (d)
of this section.
(iii) For sources subject to subparts F and I of this part, the
provisions of paragraph (c)(2) of this section apply to screwed
connectors installed before December 31, 1992.
(iv) For sources not identified in paragraph (c)(2)(iii) of this
section, the provisions of paragraph (c)(2) of this section apply to
screwed connectors installed before the date of proposal of the
applicable subpart of this part that references this subpart.
(d) When a leak is detected, it shall be repaired as soon as
practicable, but no later than 15 calendar days after the leak is
detected, except as provided in paragraph (g) of this section and in
Sec. 63.171 of this subpart. A first attempt at repair shall be made no
later than 5 calendar days after the leak is detected.
(e) [Reserved]
(f) Any connector that is designated, as described in
Sec. 63.181(b)(7)(i) of this subpart, as an unsafe-to-monitor connector
is exempt from the requirements of paragraph (a) of this section if:
(1) The owner or operator determines that the connector is unsafe to
monitor because personnel would be exposed to an immediate danger as a
result of complying with paragraphs (a) through (e) of this section; and
(2) The owner or operator has a written plan that requires
monitoring of the connector as frequently as practicable during safe to
monitor periods, but not more frequently than the periodic schedule
otherwise applicable.
(g) Any connector that is designated, as described in
Sec. 63.181(b)(7)(iii) of this subpart, as an unsafe-to-repair connector
is exempt from the requirements of paragraphs (a), (d), and (e) of this
section if:
(1) The owner or operator determines that repair personnel would be
exposed to an immediate danger as a consequence of complying with
paragraph (d) of this section; and
(2) The connector will be repaired before the end of the next
scheduled process unit shutdown.
(h)(1) Any connector that is inaccessible or is ceramic or ceramic-
lined (e.g., porcelain, glass, or glass-lined), is exempt from the
monitoring requirements of paragraphs (a) and (c) of this section and
from the recordkeeping and reporting requirements of Sec. 63.181 and
Sec. 63.182 of this subpart. An inaccessible connector is one that is:
(i) Buried;
(ii) Insulated in a manner that prevents access to the connector by
a monitor probe;
(iii) Obstructed by equipment or piping that prevents access to the
connector by a monitor probe;
(iv) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold which would allow access to connectors up to 7.6 meters
(25 feet) above the ground;
[[Page 346]]
(v) Inaccessible because it would require elevating the monitoring
personnel more than 2 meters above a permanent support surface or would
require the erection of scaffold; or
(vi) Not able to be accessed at any time in a safe manner to perform
monitoring. Unsafe access includes, but is not limited to, the use of a
wheeled scissor-lift on unstable or uneven terrain, the use of a
motorized man-lift basket in areas where an ignition potential exists,
or access would require near proximity to hazards such as electrical
lines, or would risk damage to equipment.
(2) If any inaccessible or ceramic or ceramic-lined connector is
observed by visual, audible, olfactory, or other means to be leaking,
the leak shall be repaired as soon as practicable, but no later than 15
calendar days after the leak is detected, except as provided in
Sec. 63.171 of this subpart and paragraph (g) of this section.
(3) A first attempt at repair shall be made no later than 5 calendar
days after the leak is detected.
(i) For use in determining the monitoring frequency, as specified in
paragraph (b) of this section, the percent leaking connectors shall be
calculated as specified in paragraphs (i)(1) and (i)(2) of this section.
(1) For the first monitoring period, use the following equation:
% CL = CL/(Ct + CC) x 100
where:
% CL= Percent leaking connectors as determined through
periodic monitoring required in paragraphs (a) and (b) of this section.
CL= Number of connectors measured at 500 parts per million or
greater, by the method specified in Sec. 63.180(b) of this subpart.
Ct= Total number of monitored connectors in the process unit.
CC= Optional credit for removed connectors = 0.67 x net
(i.e., total removed--total added) number of connectors in organic
hazardous air pollutants service removed from the process unit after the
compliance date set forth in the applicable subpart for existing process
units, and after the date of initial start-up for new process units. If
credits are not taken, then CC= 0.
(2) For subsequent monitoring periods, use the following equation:
% CL = [(CL- CAN)/(Ct +
CC)] x 100
where:
% CL= Percent leaking connectors as determined through
periodic monitoring required in paragraphs (a) and (b) of this section.
CL= Number of connectors, including nonrepairables, measured
at 500 parts per million or greater, by the method specified in
Sec. 63.180(b) of this subpart.
CAN= Number of allowable nonrepairable connectors, as
determined by monitoring required in paragraphs (b)(3) and (c) of this
section, not to exceed 2 percent of the total connector population,
Ct.
Ct= Total number of monitored connectors, including
nonrepairables, in the process unit.
CC= Optional credit for removed connectors = 0.67 x net
number (i.e., total removed--total added) of connectors in organic
hazardous air pollutants service removed from the process unit after the
compliance date set forth in the applicable subpart for existing process
units, and after the date of initial start-up for new process units. If
credits are not taken, then CC= 0.
(j) Optional credit for removed connectors. If an owner or operator
eliminates a connector subject to monitoring under paragraph (b) of this
section, the owner or operator may receive credit for elimination of the
connector, as described in paragraph (i) of this section, provided the
requirements in paragraphs (j)(1) through (j)(4) are met.
(1) The connector was welded after the date of proposal of the
specific subpart that references this subpart.
(2) The integrity of the weld is demonstrated by monitoring it
according to the procedures in Sec. 63.180(b) of this subpart or by
testing using X-ray, acoustic monitoring, hydrotesting, or other
applicable method.
(3) Welds created after the date of proposal but before the date of
promulgation of a specific subpart that references this subpart are
monitored or tested by 3 months after the compliance date specified in
the applicable subpart.
(4) Welds created after promulgation of the subpart that references
this subpart are monitored or tested within 3 months after being welded.
(5) If an inadequate weld is found or the connector is not welded
completely
[[Page 347]]
around the circumference, the connector is not considered a welded
connector and is therefore not exempt from the provisions of this
subpart.
[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994;
61 FR 31440, June 20, 1996; 62 FR 2791, Jan. 17, 1997]
Sec. 63.175 Quality improvement program for valves.
(a) In Phase III, an owner or operator may elect to comply with one
of the alternative quality improvement programs specified in paragraphs
(d) and (e) of this section. The decision to use one of these
alternative provisions to comply with the requirements of
Sec. 63.168(d)(1)(ii) of this subpart must be made during the first year
of Phase III for existing process units and for new process units.
(b) An owner or operator of a process unit subject to the
requirements of paragraph (d) or (e) of this section shall comply with
those requirements until the process unit has fewer than 2 percent
leaking valves, calculated as a rolling average of 2 consecutive
quarters, as specified in Sec. 63.168(e) of this subpart.
(c) After the process unit has fewer than 2 percent leaking valves,
the owner or operator may elect to comply with the requirements in
Sec. 63.168 of this subpart, to continue to comply with the requirements
in paragraph (e) (or (d), if appropriate) of this section, or comply
with both the requirements in Sec. 63.168 and Sec. 63.175.
(1) If the owner or operator elects to continue the quality
improvement program, the owner or operator is exempt from the
requirements for performance trials as specified in paragraph (e)(6) of
this section, or further progress as specified in paragraph (d)(4) of
this section, as long as the process unit has fewer than 2 percent
leaking valves calculated according to Sec. 63.168(e).
(2) If the owner or operator elects to comply with both paragraph
(e) of this section and Sec. 63.168 of this subpart, he may also take
advantage of the lower monitoring frequencies associated with lower leak
rates in Sec. 63.168 (d)(2), (d)(3), and (d)(4) of this subpart.
(3) If the owner or operator elects not to continue the quality
improvement program, the program is no longer an option if the process
unit again exceeds 2 percent leaking valves, and in such case, monthly
monitoring will be required.
(d) The following requirements shall be met if an owner or operator
elects to use a quality improvement program to demonstrate further
progress:
(1) The owner or operator shall continue to comply with the
requirements in Sec. 63.168 of this subpart except each valve shall be
monitored quarterly.
(2) The owner or operator shall collect the following data, and
maintain records as required in Sec. 63.181(h)(1) of this subpart, for
each valve in each process unit subject to the quality improvement
program:
(i) The maximum instrument reading observed in each monitoring
observation before repair, the response factor for the stream if
appropriate, the instrument model number, and date of the observation.
(ii) Whether the valve is in gas or light liquid service.
(iii) If a leak is detected, the repair methods used and the
instrument readings after repair.
(3) The owner or operator shall continue to collect data on the
valves as long as the process unit remains in the quality improvement
program.
(4) The owner or operator must demonstrate progress in reducing the
percent leaking valves each quarter the process unit is subject to the
requirements of paragraph (d) of this section, except as provided in
paragraphs (d)(4)(ii) and (d)(4)(iii) of this section.
(i) Demonstration of progress shall mean that for each quarter there
is at least a 10-percent reduction in the percent leaking valves from
the percent leaking valves determined for the preceding monitoring
period. The percent leaking valves shall be calculated as a rolling
average of two consecutive quarters of monitoring data. The percent
reduction shall be calculated using the rolling average percent leaking
valves, according to the following:
%LVR = (%LVAVG1 - %LVAVG2 /
%LVAVG1 x 100
where:
%LVR=Percent leaking valve reduction.
%LVAVG1=(%VLi + %VLi=1)/2.
%LVAVG2=(%VLi=1 + %VLi=2)/2.
[[Page 348]]
where:
%VLi, %VLi=1, %VLi=2 are percent
leaking valves calculated for subsequent monitoring periods, i, i+1,
i+2.
(ii) An owner or operator who fails for two consecutive rolling
averages to demonstrate at least a 10-percent reduction per quarter in
percent leaking valves, and whose overall average percent reduction
based on two or more rolling averages is less than 10 percent per
quarter, shall either comply with the requirements in
Sec. 63.168(d)(1)(i) of this subpart using monthly monitoring or shall
comply using a quality improvement program for technology review as
specified in paragraph (e) of this section. If the owner or operator
elects to comply with the requirements of paragraph (e) of this section,
the schedule for performance trials and valve replacements remains as
specified in paragraph (e) of this section.
(iii) As an alternative to the provisions in paragraph (d)(4)(i), an
owner or operator may use the procedure specified in paragraphs
(d)(4)(iii)(A) and (d)(4)(iii)(B) of this section to demonstrate
progress in reducing the percent leaking valves.
(A) The percent reduction that must be achieved each quarter shall
be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR22AP94.293
%RR = percent reduction required each quarter, as calculated according
to Sec. 63.168(e)
%VL = percent leaking valves, calculated according to
Sec. 63.168(e), at the time elected to use provisions of
Sec. 63.168(d)(1)(ii)
(B) The owner or operator shall achieve less than 2 percent leaking
valves no later than 2 years after electing to use the demonstration of
progress provisions in Sec. 63.175(d) of this subpart.
(e) The following requirements shall be met if an owner or operator
elects to use a quality improvement program of technology review and
improvement:
(1) The owner or operator shall comply with the requirements in
Sec. 63.168 of this subpart except the requirement for monthly
monitoring in Sec. 63.168(d)(1)(i) of this subpart does not apply.
(2) The owner or operator shall collect the data specified below,
and maintain records as required in Sec. 63.181(h)(2), for each valve in
each process unit subject to the quality improvement program. The data
may be collected and the records may be maintained on a process unit or
group of process units basis. The data shall include the following:
(i) Valve type (e.g., ball, gate, check); valve manufacturer; valve
design (e.g., external stem or actuating mechanism, flanged body);
materials of construction; packing material; and year installed.
(ii) Service characteristics of the stream such as operating
pressure, temperature, line diameter, and corrosivity.
(iii) Whether the valve is in gas or light liquid service.
(iv) The maximum instrument readings observed in each monitoring
observation before repair, response factor for the stream if adjusted,
instrument model number, and date of the observation.
(v) If a leak is detected, the repair methods used and the
instrument readings after repair.
(vi) If the data will be analyzed as part of a larger analysis
program involving data from other plants or other types of process
units, a description of any maintenance or quality assurance programs
used in the process unit that are intended to improve emission
performance.
(3) The owner or operator shall continue to collect data on the
valves as long as the process unit remains in the quality improvement
program.
(4) The owner or operator shall inspect all valves removed from the
process unit due to leaks. The inspection shall determine which parts of
the valve have failed and shall include recommendations, as appropriate,
for design changes or changes in specifications to reduce leak
potential.
(5)(i) The owner or operator shall analyze the data collected to
comply with the requirements of paragraph (e)(2) of this section to
determine the services, operating or maintenance practices, and valve
designs or technologies that have poorer than average emission
performance and those that have better than average emission
performance. The analysis shall determine
[[Page 349]]
if specific trouble areas can be identified on the basis of service,
operating conditions or maintenance practices, equipment design, or
other process specific factors.
(ii) The analysis shall also be used to identify any superior
performing valve technologies that are applicable to the service(s),
operating conditions, or valve designs associated with poorer than
average emission performance. A superior performing valve technology is
one for which a group of such valves has a leak frequency of less than 2
percent for specific applications in such a process unit. A candidate
superior performing valve technology is one demonstrated or reported in
the available literature or through a group study as having low emission
performance and as being capable of achieving less than 2 percent
leaking valves in the process unit.
(iii) The analysis shall include consideration of:
(A) The data obtained from the inspections of valves removed from
the process unit due to leaks,
(B) Information from the available literature and from the
experience of other plant sites that will identify valve designs or
technologies and operating conditions associated with low emission
performance for specific services, and
(C) Information on limitations on the service conditions for the
valve design and operating conditions as well as information on
maintenance procedures to ensure continued low emission performance.
(iv) The data analysis may be conducted through an inter- or intra-
company program (or through some combination of the two approaches) and
may be for a single process unit, a company, or a group of process
units.
(v) The first analysis of the data shall be completed no later than
18 months after the start of Phase III. The first analysis shall be
performed using a minimum of two quarters of data. An analysis of the
data shall be done each year the process unit is in the quality
improvement program.
(6) A trial evaluation program shall be conducted at each plant site
for which the data analysis does not identify superior performing valve
designs or technologies that can be applied to the operating conditions
and services identified as having poorer than average performance,
except as provided in paragraph (e)(6)(v) of this section. The trial
program shall be used to evaluate the feasibility of using in the
process unit the valve designs or technologies that have been identified
by others as having low emission performance.
(i) The trial program shall include on-line trials of valves or
operating and maintenance practices that have been identified in the
available literature or in analysis by others as having the ability to
perform with leak rates below 2 percent in similar services, as having
low probability of failure, or as having no external actuating mechanism
in contact with the process fluid. If any of the candidate superior
performing valve technologies is not included in the performance trials,
the reasons for rejecting specific technologies from consideration shall
be documented as required in Sec. 63.181(h)(5)(ii) of this subpart.
(ii) The number of valves in the trial evaluation program shall be
the lesser of 1 percent or 20 valves for programs involving single
process units and the lesser of 1 percent or 50 valves for programs
involving groups of process units.
(iii) The trial evaluation program shall specify and include
documentation of:
(A) The candidate superior performing valve designs or technologies
to be evaluated, the stages for evaluating the identified candidate
valve designs or technologies, including the estimated time period
necessary to test the applicability;
(B) The frequency of monitoring or inspection of the equipment;
(C) The range of operating conditions over which the component will
be evaluated; and
(D) Conclusions regarding the emission performance and the
appropriate operating conditions and services for the trial valves.
(iv) The performance trials shall initially be conducted for, at
least, a 6-month period beginning not later than 18 months after the
start of Phase III. Not later than 24 months after the
[[Page 350]]
start of Phase III, the owner or operator shall have identified valve
designs or technologies that, combined with appropriate process,
operating, and maintenance practices, operate with low emission
performance for specific applications in the process unit. The owner or
operator shall continue to conduct performance trials as long as no
superior performing design or technology has been identified, except as
provided in paragraph (e)(6)(vi) of this section. The compilation of
candidate and demonstrated superior emission performance valve designs
or technologies shall be amended in the future, as appropriate, as
additional information and experience is obtained.
(v) Any plant site with fewer than 400 valves and owned by a
corporation with fewer than 100 total employees shall be exempt from
trial evaluations of valves. Plant sites exempt from the trial
evaluations of valves shall begin the program at the start of the fourth
year of Phase III.
(vi) An owner or operator who has conducted performance trials on
all candidate superior emission performance technologies suitable for
the required applications in the process unit may stop conducting
performance trials provided that a superior performing design or
technology has been demonstrated or there are no technically feasible
candidate superior technologies remaining. The owner or operator shall
prepare an engineering evaluation documenting the physical, chemical, or
engineering basis for the judgment that the superior emission
performance technology is technically infeasible or demonstrating that
it would not reduce emissions.
(7) Each owner or operator who elects to use a quality improvement
program for technology review and improvement shall prepare and
implement a valve quality assurance program that details purchasing
specifications and maintenance procedures for all valves in the process
unit. The quality assurance program may establish any number of
categories, or classes, of valves as needed to distinguish among
operating conditions and services associated with poorer than average
emission performance as well as those associated with better than
average emission performance. The quality assurance program shall be
developed considering the findings of the data analysis required under
paragraph (e)(5) of this section, if applicable, the findings of the
trial evaluation required in paragraph (e)(6) of this section, and the
operating conditions in the process unit. The quality assurance program
shall be reviewed and, as appropriate, updated each year as long as the
process unit has 2 percent or more leaking valves.
(i) The quality assurance program shall:
(A) Establish minimum design standards for each category of valves.
The design standards shall specify known critical parameters such as
tolerance, manufacturer, materials of construction, previous usage, or
other applicable identified critical parameters;
(B) Require that all equipment orders specify the design standard
(or minimum tolerances) for the valve;
(C) Include a written procedure for bench testing of valves that
specifies performance criteria for acceptance of valves and specifies
criteria for the precision and accuracy of the test apparatus. All
valves repaired off-line after preparation of the quality assurance plan
shall be bench-tested for leaks. This testing may be conducted by the
owner or operator of the process unit, by the vendor, or by a designated
representative. The owner or operator shall install only those valves
that have been documented through bench-testing to be nonleaking.
(D) Require that all valves repaired on-line be monitored using the
method specified in Sec. 63.180(b) of this subpart for leaks for 2
successive months, after repair.
(E) Provide for an audit procedure for quality control of purchased
equipment to ensure conformance with purchase specifications. The audit
program may be conducted by the owner or operator of the process unit or
by a designated representative.
(F) Detail off-line valve maintenance and repair procedures. These
procedures shall include provisions to ensure that rebuilt or
refurbished valves will meet the design specifications for the valve
type and will operate such that emissions are minimized.
[[Page 351]]
(ii) The quality assurance program shall be established no later
than the start of the third year of Phase III for plant sites with 400
or more valves or owned by a corporation with 100 or more employees; and
no later than the start of the fourth year of Phase III for plant sites
with less than 400 valves and owned by a corporation with less than 100
employees.
(8) Beginning at the start of the third year of Phase III for plant
sites with 400 or more valves or owned by a corporation with 100 or more
employees and at the start of the fourth year of Phase III for plant
sites with less than 400 valves and owned by a corporation with less
than 100 employees, each valve that is replaced for any reason shall be
replaced with a new or modified valve that complies with the quality
assurance standards for the valve category and that is identified as
superior emission performance technology. Superior emission performance
technology means valves or valve technologies identified with emission
performance that, combined with appropriate process, operating, and
maintenance practices, will result in less than 2 percent leaking valves
for specific applications in a large population, except as provided in
paragraph (e)(8)(ii) of this section.
(i) The valves shall be maintained as specified in the quality
assurance program.
(ii) If a superior emission performance technology cannot be
identified, then valve replacement shall be with one of (if several) the
lowest emission performance technologies that has been identified for
the specific application.
[59 FR 19568, Apr. 22, 1994, as amended at 60 FR 63631, Dec. 12, 1995]
Sec. 63.176 Quality improvement program for pumps.
(a) In Phase III, if, on a 6-month rolling average, the greater of
either 10 percent of the pumps in a process unit (or plant site) or
three pumps in a process unit (or plant site) leak, the owner or
operator shall comply with the requirements of this section as specified
below:
(1) Pumps that are in food/medical service or in polymerizing
monomer service shall comply with all requirements except for those
specified in paragraph (d)(8) of this section.
(2) Pumps that are not in food/medical or polymerizing monomer
service shall comply with all requirements of this section.
(b) The owner or operator shall comply with the requirements of this
section until the number of leaking pumps is less than the greater of
either 10 percent of the pumps or three pumps, calculated as a 6-month
rolling average, in the process unit (or plant site). Once the
performance level is achieved, the owner or operator shall comply with
the requirements in Sec. 63.163 of this subpart.
(c) If in a subsequent monitoring period, the process unit (or plant
site) has greater than 10 percent of the pumps leaking or three pumps
leaking (calculated as a 6-month rolling average), the owner or operator
shall resume the quality improvement program starting at performance
trials.
(d) The quality improvement program shall include the following:
(1) The owner or operator shall comply with the requirements in
Sec. 63.163 of this subpart.
(2) The owner or operator shall collect the following data, and
maintain records as required in Sec. 63.181(h)(3), for each pump in each
process unit (or plant site) subject to the quality improvement program.
The data may be collected and the records may be maintained on a process
unit or plant site basis.
(i) Pump type (e.g., piston, horizontal or vertical centrifugal,
gear, bellows); pump manufacturer; seal type and manufacturer; pump
design (e.g., external shaft, flanged body); materials of construction;
if applicable, barrier fluid or packing material; and year installed.
(ii) Service characteristics of the stream such as discharge
pressure, temperature, flow rate, corrosivity, and annual operating
hours.
(iii) The maximum instrument readings observed in each monitoring
observation before repair, response factor for the stream if
appropriate, instrument model number, and date of the observation.
[[Page 352]]
(iv) If a leak is detected, the repair methods used and the
instrument readings after repair.
(v) If the data will be analyzed as part of a larger analysis
program involving data from other plants or other types of process
units, a description of any maintenance or quality assurance programs
used in the process unit that are intended to improve emission
performance.
(3) The owner or operator shall continue to collect data on the
pumps as long as the process unit (or plant site) remains in the quality
improvement program.
(4) The owner or operator shall inspect all pumps or pump seals
which exhibited frequent seal failures and were removed from the process
unit due to leaks. The inspection shall determine the probable cause of
the pump seal failure or of the pump leak and shall include
recommendations, as appropriate, for design changes or changes in
specifications to reduce leak potential.
(5)(i) The owner or operator shall analyze the data collected to
comply with the requirements of paragraph (d)(2) of this section to
determine the services, operating or maintenance practices, and pump or
pump seal designs or technologies that have poorer than average emission
performance and those that have better than average emission
performance. The analysis shall determine if specific trouble areas can
be identified on the basis of service, operating conditions or
maintenance practices, equipment design, or other process specific
factors.
(ii) The analysis shall also be used to determine if there are
superior performing pump or pump seal technologies that are applicable
to the service(s), operating conditions, or pump or pump seal designs
associated with poorer than average emission performance. A superior
performing pump or pump seal technology is one with a leak frequency of
less than 10 percent for specific applications in the process unit or
plant site. A candidate superior performing pump or pump seal technology
is one demonstrated or reported in the available literature or through a
group study as having low emission performance and as being capable of
achieving less than 10 percent leaking pumps in the process unit (or
plant site).
(iii) The analysis shall include consideration of:
(A) The data obtained from the inspections of pumps and pump seals
removed from the process unit due to leaks;
(B) Information from the available literature and from the
experience of other plant sites that will identify pump designs or
technologies and operating conditions associated with low emission
performance for specific services; and
(C) Information on limitations on the service conditions for the
pump seal technology operating conditions as well as information on
maintenance procedures to ensure continued low emission performance.
(iv) The data analysis may be conducted through an inter- or intra-
company program (or through some combination of the two approaches) and
may be for a single process unit, a plant site, a company, or a group of
process units.
(v) The first analysis of the data shall be completed no later than
18 months after the start of the quality improvement program. The first
analysis shall be performed using a minimum of 6 months of data. An
analysis of the data shall be done each year the process unit is in the
quality improvement program.
(6) A trial evaluation program shall be conducted at each plant site
for which the data analysis does not identify use of superior performing
pump seal technology or pumps that can be applied to the areas
identified as having poorer than average performance, except as provided
in paragraph (d)(6)(v) of this section. The trial program shall be used
to evaluate the feasibility of using in the process unit (or plant site)
the pump designs or seal technologies, and operating and maintenance
practices that have been identified by others as having low emission
performance.
(i) The trial program shall include on-line trials of pump seal
technologies or pump designs and operating and maintenance practices
that have been identified in the available literature or
[[Page 353]]
in analysis by others as having the ability to perform with leak rates
below 10 percent in similar services, as having low probability of
failure, or as having no external actuating mechanism in contact with
the process fluid. If any of the candidate superior performing pump seal
technologies or pumps is not included in the performance trials, the
reasons for rejecting specific technologies from consideration shall be
documented as required in Sec. 63.181(h)(5)(ii).
(ii) The number of pump seal technologies or pumps in the trial
evaluation program shall be the lesser of 1 percent or two pumps for
programs involving single process units and the lesser of 1 percent or
five pumps for programs involving a plant site or groups of process
units. The minimum number of pumps or pump seal technologies in a trial
program shall be one.
(iii) The trial evaluation program shall specify and include
documentation of:
(A) The candidate superior performing pump seal designs or
technologies to be evaluated, the stages for evaluating the identified
candidate pump designs or pump seal technologies, including the time
period necessary to test the applicability;
(B) The frequency of monitoring or inspection of the equipment;
(C) The range of operating conditions over which the component will
be evaluated; and
(D) Conclusions regarding the emission performance and the
appropriate operating conditions and services for the trial pump seal
technologies or pumps.
(iv) The performance trials shall initially be conducted, at least,
for a 6-month period beginning not later than 18 months after the start
of the quality improvement program. No later than 24 months after the
start of the quality improvement program, the owner or operator shall
have identified pump seal technologies or pump designs that, combined
with appropriate process, operating, and maintenance practices, operate
with low emission performance for specific applications in the process
unit. The owner or operator shall continue to conduct performance trials
as long as no superior performing design or technology has been
identified, except as provided in paragraph (d)(6)(vi) of this section.
The initial list of superior emission performance pump designs or pump
seal technologies shall be amended in the future, as appropriate, as
additional information and experience is obtained.
(v) Any plant site with fewer than 400 valves and owned by a
corporation with fewer than 100 employees shall be exempt from trial
evaluations of pump seals or pump designs. Plant sites exempt from the
trial evaluations of pumps shall begin the pump seal or pump replacement
program at the start of the fourth year of the quality improvement
program.
(vi) An owner or operator who has conducted performance trials on
all alternative superior emission performance technologies suitable for
the required applications in the process unit may stop conducting
performance trials provided that a superior performing design or
technology has been demonstrated or there are no technically feasible
alternative superior technologies remaining. The owner or operator shall
prepare an engineering evaluation documenting the physical, chemical, or
engineering basis for the judgment that the superior emission
performance technology is technically infeasible or demonstrating that
it would not reduce emissions.
(7) Each owner or operator shall prepare and implement a pump
quality assurance program that details purchasing specifications and
maintenance procedures for all pumps and pump seals in the process unit.
The quality assurance program may establish any number of categories, or
classes, of pumps as needed to distinguish among operating conditions
and services associated with poorer than average emission performance as
well as those associated with better than average emission performance.
The quality assurance program shall be developed considering the
findings of the data analysis required under paragraph (d)(5) of this
section, if applicable, the findings of the trial evaluation required in
paragraph (d)(6) of this section, and the operating conditions in the
process unit. The quality assurance
[[Page 354]]
program shall be updated each year as long as the process unit has the
greater of either 10 percent or more leaking pumps or has three leaking
pumps.
(i) The quality assurance program shall:
(A) Establish minimum design standards for each category of pumps or
pump seal technology. The design standards shall specify known critical
parameters such as tolerance, manufacturer, materials of construction,
previous usage, or other applicable identified critical parameters;
(B) Require that all equipment orders specify the design standard
(or minimum tolerances) for the pump or the pump seal;
(C) Provide for an audit procedure for quality control of purchased
equipment to ensure conformance with purchase specifications. The audit
program may be conducted by the owner or operator of the plant site or
process unit or by a designated representative; and
(D) Detail off-line pump maintenance and repair procedures. These
procedures shall include provisions to ensure that rebuilt or
refurbished pumps and pump seals will meet the design specifications for
the pump category and will operate such that emissions are minimized.
(ii) The quality assurance program shall be established no later
than the start of the third year of the quality improvement program for
plant sites with 400 or more valves or 100 or more employees; and no
later than the start of the fourth year of the quality improvement
program for plant sites with less than 400 valves and less than 100
employees.
(8) Beginning at the start of the third year of the quality
improvement program for plant sites with 400 or more valves or 100 or
more employees and at the start of the fourth year of the quality
improvement program for plant sites with less than 400 valves and less
than 100 employees, the owner or operator shall replace, as described in
paragraphs (d)(8)(i) and (d)(8)(ii) of this section, the pumps or pump
seals that are not superior emission performance technology with pumps
or pump seals that have been identified as superior emission performance
technology and that comply with the quality assurance standards for the
pump category. Superior emission performance technology is that category
or design of pumps or pump seals with emission performance which, when
combined with appropriate process, operating, and maintenance practices,
will result in less than 10 percent leaking pumps for specific
applications in the process unit or plant site. Superior emission
performance technology includes material or design changes to the
existing pump, pump seal, seal support system, installation of multiple
mechanical seals or equivalent, or pump replacement.
(i) Pumps or pump seals shall be replaced at the rate of 20 percent
per year based on the total number of pumps in light liquid service. The
calculated value shall be rounded to the nearest nonzero integer value.
The minimum number of pumps or pump seals shall be one. Pump replacement
shall continue until all pumps subject to the requirements of
Sec. 63.163 of this subpart are pumps determined to be superior
performance technology.
(ii) The owner or operator may delay replacement of pump seals or
pumps with superior technology until the next planned process unit
shutdown, provided the number of pump seals and pumps replaced is
equivalent to the 20 percent or greater annual replacement rate.
(iii) The pumps shall be maintained as specified in the quality
assurance program.
Sec. 63.177 Alternative means of emission limitation: General.
(a) Permission to use an alternative means of emission limitation
under section 112(h)(3) of the Act shall be governed by the following
procedures in paragraphs (b) through (e) of this section.
(b) Where the standard is an equipment, design, or operational
requirement:
(1) Each owner or operator applying for permission to use an
alternative means of emission limitation under Sec. 63.6(g) of subpart A
of this part shall be responsible for collecting and verifying emission
performance test data for an alternative means of emission limitation.
[[Page 355]]
(2) The Administrator will compare test data for the means of
emission limitation to test data for the equipment, design, and
operational requirements.
(3) The Administrator may condition the permission on requirements
that may be necessary to ensure operation and maintenance to achieve the
same emission reduction as the equipment, design, and operational
requirements.
(c) Where the standard is a work practice:
(1) Each owner or operator applying for permission shall be
responsible for collecting and verifying test data for an alternative
means of emission limitation.
(2) For each kind of equipment for which permission is requested,
the emission reduction achieved by the required work practices shall be
demonstrated for a minimum period of 12 months.
(3) For each kind of equipment for which permission is requested,
the emission reduction achieved by the alternative means of emission
limitation shall be demonstrated.
(4) Each owner or operator applying for permission shall commit, in
writing, for each kind of equipment to work practices that provide for
emission reductions equal to or greater than the emission reductions
achieved by the required work practices.
(5) The Administrator will compare the demonstrated emission
reduction for the alternative means of emission limitation to the
demonstrated emission reduction for the required work practices and will
consider the commitment in paragraph (c)(4) of this section.
(6) The Administrator may condition the permission on requirements
that may be necessary to ensure operation and maintenance to achieve the
same or greater emission reduction as the required work practices of
this subpart.
(d) An owner or operator may offer a unique approach to demonstrate
the alternative means of emission limitation.
(e)(1) Manufacturers of equipment used to control equipment leaks of
an organic HAP may apply to the Administrator for permission for an
alternative means of emission limitation that achieves a reduction in
emissions of the organic HAP achieved by the equipment, design, and
operational requirements of this subpart.
(2) The Administrator will grant permission according to the
provisions of paragraphs (b), (c), and (d) of this section.
Sec. 63.178 Alternative means of emission limitation: Batch processes.
(a) As an alternative to complying with the requirements of
Secs. 63.163 through 63.171 and Secs. 63.173 through 63.176, an owner or
operator of a batch process that operates in organic HAP service during
the calendar year may comply with one of the standards specified in
paragraphs (b) and (c) of this section, or the owner or operator may
petition for approval of an alternative standard under the provisions of
Sec. 63.177 of this subpart. The alternative standards of this section
provide the options of pressure testing or monitoring the equipment for
leaks. The owner or operator may switch among the alternatives provided
the change is documented as specified in Sec. 63.181.
(b) The following requirements shall be met if an owner or operator
elects to use pressure testing of batch product-process equipment to
demonstrate compliance with this subpart. An owner or operator who
complies with the provisions of this paragraph is exempt from the
monitoring provisions of Sec. 63.163, Secs. 63.168 and 63.169, and
Secs. 63.173 through 63.176 of this subpart.
(1) Each time equipment is reconfigured for production of a
different product or intermediate, the batch product-process equipment
train shall be pressure-tested for leaks before organic HAP is first fed
to the equipment and the equipment is placed in organic HAP service.
(i) When the batch product-process train is reconfigured to produce
a different product, pressure testing is required only for the new or
disturbed equipment.
(ii) Each batch product process that operates in organic HAP service
during a calendar year shall be pressure tested at least once during
that calendar year.
[[Page 356]]
(iii) Pressure testing is not required for routine seal breaks, such
as changing hoses or filters, which are not part of the reconfiguration
to produce a different product or intermediate.
(2) The batch product process equipment shall be tested either using
the procedures specified in Sec. 63.180(f) of this subpart for pressure
or vacuum loss or with a liquid using the procedures specified in
Sec. 63.180(g) of this subpart.
(3)(i) For pressure or vacuum tests, a leak is detected if the rate
of change in pressure is greater than 6.9 kilopascals (1 psig) in 1 hour
or if there is visible, audible, or olfactory evidence of fluid loss.
(ii) For pressure tests using a liquid, a leak is detected if there
are indications of liquids dripping or if there is other evidence of
fluid loss.
(4)(i) If a leak is detected, it shall be repaired and the batch
product-process equipment shall be retested before start-up of the
process.
(ii) If a batch product-process fails the retest or the second of
two consecutive pressure tests, it shall be repaired as soon as
practicable, but not later than 30 calendar days after the second
pressure test, provided the conditions specified in paragraph (d) of
this section are met.
(c) The following requirements shall be met if an owner or operator
elects to monitor the equipment to detect leaks by the method specified
in Sec. 63.180(b) of this subpart to demonstrate compliance with this
subpart.
(1) The owner or operator shall comply with the requirements of
Secs. 63.163 through 63.170, and Secs. 63.172 through 63.176 of this
subpart.
(2) The equipment shall be monitored for leaks by the method
specified in Sec. 63.180(b) of this subpart when the equipment is in
organic HAP service, in use with an acceptable surrogate volatile
organic compound which is not an organic HAP, or is in use with any
other detectable gas or vapor.
(3) The equipment shall be monitored for leaks as specified below:
(i) Each time the equipment is reconfigured for the production of a
new product, the reconfigured equipment shall be monitored for leaks
within 30 days of start-up of the process. This initial monitoring of
reconfigured equipment shall not be included in determining percent
leaking equipment in the process unit.
(ii) Connectors shall be monitored in accordance with the
requirements in Sec. 63.174 of this subpart.
(iii) Equipment other than connectors shall be monitored at the
frequencies specified in table 1 of this subpart. The operating time
shall be determined as the proportion of the year the batch product-
process that is subject to the provisions of this subpart is operating.
(iv) The monitoring frequencies specified in table 1 of this subpart
are not requirements for monitoring at specific intervals and can be
adjusted to accommodate process operations. An owner or operator may
monitor anytime during the specified monitoring period (e.g., month,
quarter, year), provided the monitoring is conducted at a reasonable
interval after completion of the last monitoring campaign. For example,
if the equipment is not operating during the scheduled monitoring
period, the monitoring can be done during the next period when the
process is operating.
(4) If a leak is detected, it shall be repaired as soon as
practicable but not later than 15 calendar days after it is detected,
except as provided in paragraph (d) of this section.
(d) Delay of repair of equipment for which leaks have been detected
is allowed if the replacement equipment is not available providing the
following conditions are met:
(1) Equipment supplies have been depleted and supplies had been
sufficiently stocked before the supplies were depleted.
(2) The repair is made no later than 10 calendar days after delivery
of the replacement equipment.
Sec. 63.179 Alternative means of emission limitation: Enclosed-vented process units.
Process units enclosed in such a manner that all emissions from
equipment leaks are vented through a closed-vent system to a control
device meeting the requirements of Sec. 63.172 of this subpart are
exempt from the requirements of Sec. 63.163, through 63.171, and
Secs. 63.173 and 63.174 of this subpart. The enclosure
[[Page 357]]
shall be maintained under a negative pressure at all times while the
process unit is in operation to ensure that all emissions are routed to
a control device.
Sec. 63.180 Test methods and procedures.
(a) Each owner or operator subject to the provisions of this subpart
shall comply with the test methods and procedures requirements provided
in this section.
(b) Monitoring, as required under this subpart, shall comply with
the following requirements:
(1) Monitoring shall comply with Method 21 of 40 CFR part 60,
appendix A.
(2)(i) Except as provided for in paragraph (b)(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 VOC in the
stream. For process streams that contain nitrogen, water, air, or other
inerts which are not organic HAP's or VOC's, the average stream response
factor may be calculated on an inert-free basis. The response factor may
be determined at any concentration for which monitoring for leaks will
be conducted.
(ii) If no instrument is available at the plant site that will meet
the performance criteria specified in paragraph (b)(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 (b)(2)(i) of this section.
(3) The 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:
(i) Zero air (less than 10 parts per million of hydrocarbon in air);
and
(ii) Mixtures of methane in air at the concentrations specified in
paragraphs (b)(4)(ii)(A) through (b)(4)(ii)(C) of this section. A
calibration gas other than methane in air may be used if the instrument
does not respond to methane or if the instrument does not meet the
performance criteria specified in paragraph (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.
(A) For Phase I, a mixture of methane or other compounds, as
applicable, in air at a concentration of approximately, but less than,
10,000 parts per million.
(B) For Phase II, a mixture of methane or other compounds, as
applicable, and air at a concentration of approximately, but less than,
10,000 parts per million for agitators, 5,000 parts per million for
pumps, and 500 parts per million for all other equipment, except as
provided in paragraph (b)(4)(iii) of this section.
(C) For Phase III, a mixture of methane or other compounds, as
applicable, and air at a concentration of approximately, but less than,
10,000 parts per million methane for agitators; 2,000 parts per million
for pumps in food/medical service; 5,000 parts per million for pumps in
polymerizing monomer service; 1,000 parts per million for all other
pumps; and 500 parts per million for all other equipment, except as
provided in paragraph (b)(4)(iii) of this section.
(iii) The instrument may be calibrated at a higher methane
concentration than the concentration specified for that piece of
equipment. The concentration of the calibration gas may exceed the
concentration specified as a leak by no more than 2,000 parts per
million. If the monitoring instrument's design allows for multiple
calibration scales, then the lower scale shall be calibrated with a
calibration gas that is no higher than 2,000 parts per million above the
concentration specified as a leak and the highest scale shall be
calibrated with a calibration gas that is approximately equal to 10,000
parts per million. If only one scale on an instrument will be used
during monitoring, the owner or operator need not calibrate the scales
that will not be used during that day's monitoring.
(5) Monitoring shall be performed when the equipment is in organic
HAP service, in use with an acceptable surrogate volatile organic
compound which is not an organic HAP, or is in
[[Page 358]]
use with any other detectable gas or vapor.
(6) Monitoring data that do not meet the criteria specified in
paragraphs (b)(1) through (b)(5) of this section may be used to qualify
for less frequent monitoring under the provisions in Sec. 63.168(d)(2)
and (d)(3) or Sec. 63.174(b)(3)(ii) or (b)(3)(iii) of this subpart
provided the data meet the conditions specified in paragraphs (b)(6)(i)
and (b)(6)(ii) of this section.
(i) The data were obtained before April 22, 1994.
(ii) The departures from the criteria specified in paragraphs (b)(1)
through (b)(5) of this section or from the specified monitoring
frequency of Sec. 63.168(c) are minor and do not significantly affect
the quality of the data. Examples of minor departures are monitoring at
a slightly different frequency (such as every six weeks instead of
monthly or quarterly), following the performance criteria of section
3.1.2(a) of Method 21 of appendix A of 40 CFR part 60 instead of
paragraph (b)(2) of this section, or monitoring at a different leak
definition if the data would indicate the presence or absence of a leak
at the concentration specified in this subpart. Failure to use a
calibrated instrument is not considered a minor departure.
(c) When equipment is monitored for compliance as required in
Secs. 63.164(i), 63.165(a), and 63.172(f) or when equipment subject to a
leak definition of 500 ppm is monitored for leaks as required by this
subpart, the owner or operator may elect to adjust or not to adjust the
instrument readings for background. If an owner or operator elects to
not adjust instrument readings for background, the owner or operator
shall monitor the equipment according to the procedures specified in
paragraphs (b)(1) through (b)(4) of this section. In such case, all
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 monitor the equipment according to the procedures
specified in paragraphs (c)(1) through (c)(4) of this section.
(1) The requirements of paragraphs (b) (1) through (4) of this
section shall apply.
(2) The background level shall be determined, using the same
procedures that will be used to determine whether the equipment is
leaking.
(3) The instrument probe shall be traversed around all potential
leak interfaces as close to the interface as possible as described in
Method 21 of 40 CFR part 60, appendix A.
(4) The arithmetic difference between the maximum concentration
indicated by the instrument and the background level is compared with
500 parts per million for determining compliance.
(d)(1) Each piece of equipment within a process unit that can
reasonably be expected to contain equipment in organic HAP service is
presumed to be in organic HAP service unless an owner or operator
demonstrates that the piece of equipment is not in organic HAP service.
For a piece of equipment to be considered not in organic HAP service, it
must be determined that the percent organic HAP content can be
reasonably expected not to exceed 5 percent by weight on an annual
average basis. For purposes of determining the percent organic HAP
content of the process fluid that is contained in or contacts equipment,
Method 18 of 40 CFR part 60, appendix A shall be used.
(2)(i) An owner or operator may use good engineering judgment rather
than the procedures in paragraph (d)(1) of this section to determine
that the percent organic HAP content does not exceed 5 percent by
weight. When an owner or operator and the Administrator do not agree on
whether a piece of equipment is not in organic HAP service, however, the
procedures in paragraph (d)(1) of this section shall be used to resolve
the disagreement.
(ii) Conversely, the owner or operator may determine that the
organic HAP content of the process fluid does not exceed 5 percent by
weight by, for example, accounting for 98 percent of the content and
showing that organic HAP is less than 3 percent.
(3) If an owner or operator determines that a piece of equipment is
in organic HAP service, the determination can be revised after following
the procedures in paragraph (d)(1) of this
[[Page 359]]
section, or by documenting that a change in the process or raw materials
no longer causes the equipment to be in organic HAP service.
(4) Samples used in determining the percent organic HAP content
shall be representative of the process fluid that is contained in or
contacts the equipment.
(e) When a flare is used to comply with Sec. 63.172(d), the owner or
operator shall comply with paragraphs (e)(1) through (3) of this
section. The owner or operator is not required to conduct a performance
test to determine percent emission reduction or outlet organic HAP or
TOC concentration.
(1) Conduct a visible emission test using the techniques specified
in Sec. 63.11(b)(4).
(2) Determine the net heating value of the gas being combusted using
the techniques specified in Sec. 63.11(b)(6).
(3) Determine the exit velocity using the techniques specified in
either Sec. 63.11(b)(7)(i) (and Sec. 63.11(b)(7)(iii), where applicable)
or Sec. 63.11(b)(8), as appropriate.
(f) The following procedures shall be used to pressure test batch
product-process equipment for pressure or vacuum loss to demonstrate
compliance with the requirements of Sec. 63.178(b)(3)(i) of this
subpart.
(1) The batch product-process equipment train shall be pressurized
with a gas to a pressure less than the set pressure of any safety relief
devices or valves or to a pressure slightly above the operating pressure
of the equipment, or alternatively, the equipment shall be placed under
a vacuum.
(2) Once the test pressure is obtained, the gas source or vacuum
source shall be shut off.
(3) The test shall continue for not less than 15 minutes unless it
can be determined in a shorter period of time that the allowable rate of
pressure drop or of pressure rise was exceeded. The pressure in the
batch product-process equipment shall be measured after the gas or
vacuum source is shut off and at the end of the test period. The rate of
change in pressure in the batch product-process equipment shall be
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR22AP94.294
where:
[Delta] P/t=Change in pressure, psig/hr.
Pf=Final pressure, psig.
Pi=Initial pressure, psig.
tf-ti=Elapsed time, hours.
(4) The pressure shall be measured using a pressure measurement
device (gauge, manometer, or equivalent) which has a precision of 2.5
millimeter mercury in the range of test pressure and is capable of
measuring pressures up to the relief set pressure of the pressure relief
device. If such a pressure measurement device is not reasonably
available, the owner or operator shall use a pressure measurement device
with a precision of at least +10 percent of the test pressure of the
equipment and shall extend the duration of the test for the time
necessary to detect a pressure loss or rise that equals a rate of one
psig per hour.
(5) An alternative procedure may be used for leak testing the
equipment if the owner or operator demonstrates the alternative
procedure is capable of detecting a pressure loss or rise.
(g) The following procedures shall be used to pressure-test batch
product-process equipment using a liquid to demonstrate compliance with
the requirements of Sec. 63.178(b)(3)(ii) of this subpart.
(1) The batch product-process equipment train, or section of the
train, shall be filled with the test liquid (e.g., water, alcohol) until
normal operating pressure is obtained. Once the equipment is filled, the
liquid source shall be shut off.
(2) The test shall be conducted for a period of at least 60 minutes,
unless it can be determined in a shorter period of time that the test is
a failure.
(3) Each seal in the equipment being tested shall be inspected for
indications of liquid dripping or other indications of fluid loss. If
there are any indications of liquids dripping or of fluid loss, a leak
is detected.
(4) An alternative procedure may be used for leak testing the
equipment, if the owner or operator demonstrates
[[Page 360]]
the alternative procedure is capable of detecting losses of fluid.
[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994;
61 FR 31440, June 20, 1996; 62 FR 2792, Jan. 17, 1997; 66 FR 6936, Jan.
22, 2001]
Sec. 63.181 Recordkeeping requirements.
(a) An owner or operator of more than one process unit subject to
the provisions of this subpart may comply with the recordkeeping
requirements for these process units in one recordkeeping system if the
system identifies each record by process unit and the program being
implemented (e.g., quarterly monitoring, quality improvement) for each
type of equipment. All records and information required by this section
shall be maintained in a manner that can be readily accessed at the
plant site. This could include physically locating the records at the
plant site or accessing the records from a central location by computer
at the plant site.
(b) Except as provided in paragraph (e) of this section, the
following information pertaining to all equipment in each process unit
subject to the requirements in Secs. 63.162 through 63.174 of this
subpart shall be recorded:
(1)(i) A list of identification numbers for equipment (except
connectors exempt from monitoring and recordkeeping identified in
Sec. 63.174 of this subpart and instrumentation systems) subject to the
requirements of this subpart. Connectors need not be individually
identified if all connectors in a designated area or length of pipe
subject to the provisions of this subpart are identified as a group, and
the number of connectors subject is indicated. With respect to
connectors, the list shall be complete no later than the completion of
the initial survey required by Sec. 63.174 (b)(1) or (b)(2) of this
subpart.
(ii) A schedule by process unit for monitoring connectors subject to
the provisions of Sec. 63.174(a) of this subpart and valves subject to
the provisions of Sec. 63.168(d) of this subpart.
(iii) Physical tagging of the equipment to indicate that it is in
organic HAP service is not required. Equipment subject to the provisions
of this subpart may be identified on a plant site plan, in log entries,
or by other appropriate methods.
(2)(i) A list of identification numbers for equipment that the owner
or operator elects to equip with a closed-vent system and control
device, under the provisions of Sec. 63.163(g), Sec. 63.164(h),
Sec. 63.165(c), or Sec. 63.173(f) of this subpart.
(ii) A list of identification numbers for compressors that the owner
or operator elects to designate as operating with an instrument reading
of less than 500 parts per million above background, under the
provisions of Sec. 63.164(i) of this subpart.
(iii) Identification of surge control vessels or bottoms receivers
subject to the provisions of this subpart that the owner or operator
elects to equip with a closed-vent system and control device, under the
provisions of Sec. 63.170 of this subpart.
(3)(i) A list of identification numbers for pressure relief devices
subject to the provisions in Sec. 63.165(a) of this subpart.
(ii) A list of identification numbers for pressure relief devices
equipped with rupture disks, under the provisions of Sec. 63.165(d) of
this subpart.
(4) Identification of instrumentation systems subject to the
provisions of this subpart. Individual components in an instrumentation
system need not be identified.
(5) Identification of screwed connectors subject to the requirements
of Sec. 63.174(c)(2) of this subpart. Identification can be by area or
grouping as long as the total number within each group or area is
recorded.
(6) The following information shall be recorded for each dual
mechanical seal system:
(i) Design criteria required in Secs. 63.163(e)(6)(i), 63.164(e)(2),
and 63.173(d)(6)(i) of this subpart and an explanation of the design
criteria; and
(ii) Any changes to these criteria and the reasons for the changes.
(7) The following information pertaining to all pumps subject to the
provisions of Sec. 63.163(j), valves subject to the provisions of
Sec. 63.168(h) and (i) of this subpart, agitators subject to the
provisions of Sec. 63.173(h) through (j), and connectors subject to the
provisions of Sec. 63.174(f) and (g) of this subpart shall be recorded:
[[Page 361]]
(i) Identification of equipment designated as unsafe to monitor,
difficult to monitor, or unsafe to inspect and the plan for monitoring
or inspecting this equipment.
(ii) A list of identification numbers for the equipment that is
designated as difficult to monitor, an explanation of why the equipment
is difficult to monitor, and the planned schedule for monitoring this
equipment.
(iii) A list of identification numbers for connectors that are
designated as unsafe to repair and an explanation why the connector is
unsafe to repair.
(8)(i) A list of valves removed from and added to the process unit,
as described in Sec. 63.168(e)(1) of this subpart, if the net credits
for removed valves is expected to be used.
(ii) A list of connectors removed from and added to the process
unit, as described in Sec. 63.174(i)(1) of this subpart, and
documentation of the integrity of the weld for any removed connectors,
as required in Sec. 63.174(j) of this subpart. This is not required
unless the net credits for removed connectors is expected to be used.
(9)(i) For batch process units that the owner or operator elects to
monitor as provided under Sec. 63.178(c) of this subpart, a list of
equipment added to batch product process units since the last monitoring
period required in Sec. 63.178(c)(3)(ii) and (3)(iii) of this subpart.
(ii) Records demonstrating the proportion of the time during the
calendar year the equipment is in use in a batch process that is subject
to the provisions of this subpart. Examples of suitable documentation
are records of time in use for individual pieces of equipment or average
time in use for the process unit. These records are not required if the
owner or operator does not adjust monitoring frequency by the time in
use, as provided in Sec. 63.178(c)(3)(iii) of this subpart.
(c) For visual inspections of equipment subject to the provisions of
this subpart (e.g., Sec. 63.163(b)(3), Sec. 63.163(e)(4)(i)), the owner
or operator shall document that the inspection was conducted and the
date of the inspection. The owner or operator shall maintain records as
specified in paragraph (d) of this section for leaking equipment
identified in this inspection, except as provided in paragraph (e) of
this section. These records shall be retained for 2 years.
(d) When each leak is detected as specified in Secs. 63.163 and
63.164; Secs. 63.168 and 63.169; and Secs. 63.172 through 63.174 of this
subpart, the following information shall be recorded and kept for 2
years:
(1) The instrument and the equipment identification number and the
operator name, initials, or identification number.
(2) The date the leak was detected and the date of first attempt to
repair the leak.
(3) The date of successful repair of the leak.
(4) Maximum instrument reading measured by Method 21 of 40 CFR part
60, appendix A after it is successfully repaired or determined to be
nonrepairable.
(5) ``Repair delayed'' and the reason for the delay if a leak is not
repaired within 15 calendar days after discovery of the leak.
(i) The owner or operator may develop a written procedure that
identifies the conditions that justify a delay of repair. The written
procedures may be included as part of the startup/shutdown/malfunction
plan, required by Sec. 63.6(e)(3), for the source or may be part of a
separate document that is maintained at the plant site. In such cases,
reasons for delay of repair may be documented by citing the relevant
sections of the written procedure.
(ii) If delay of repair was caused by depletion of stocked parts,
there must be documentation that the spare parts were sufficiently
stocked on-site before depletion and the reason for depletion.
(6) Dates of process unit shutdowns that occur while the equipment
is unrepaired.
(7)(i) Identification, either by list, location (area or grouping),
or tagging of connectors that have been opened or otherwise had the seal
broken since the last monitoring period required in Sec. 63.174(b) of
this subpart, as described in Sec. 63.174(c)(1) of this subpart, unless
the owner or operator elects to comply with the provisions of
Sec. 63.174(c)(1)(ii) of this subpart.
(ii) The date and results of monitoring as required in
Sec. 63.174(c) of this
[[Page 362]]
subpart. If identification of connectors that have been opened or
otherwise had the seal broken is made by location under paragraph
(d)(7)(i) of this section, then all connectors within the designated
location shall be monitored.
(8) The date and results of the monitoring required in
Sec. 63.178(c)(3)(i) of this subpart for equipment added to a batch
process unit since the last monitoring period required in Sec. 63.178
(c)(3)(ii) and (c)(3)(iii) of this subpart. If no leaking equipment is
found in this monitoring, the owner or operator shall record that the
inspection was performed. Records of the actual monitoring results are
not required.
(9) Copies of the periodic reports as specified in Sec. 63.182(d) of
this subpart, if records are not maintained on a computerized database
capable of generating summary reports from the records.
(e) The owner or operator of a batch product process who elects to
pressure test the batch product process equipment train to demonstrate
compliance with this subpart is exempt from the requirements of
paragraphs (b), (c), (d), and (f) of this section. Instead, the owner or
operator shall maintain records of the following information:
(1) The identification of each product, or product code, produced
during the calendar year. It is not necessary to identify individual
items of equipment in a batch product process equipment train.
(2) [Reserved]
(3) Physical tagging of the equipment to identify that it is in
organic HAP service and subject to the provisions of this subpart is not
required. Equipment in a batch product process subject to the provisions
of this subpart may be identified on a plant site plan, in log entries,
or by other appropriate methods.
(4) The dates of each pressure test required in Sec. 63.178(b) of
this subpart, the test pressure, and the pressure drop observed during
the test.
(5) Records of any visible, audible, or olfactory evidence of fluid
loss.
(6) When a batch product process equipment train does not pass two
consecutive pressure tests, the following information shall be recorded
in a log and kept for 2 years:
(i) The date of each pressure test and the date of each leak repair
attempt.
(ii) Repair methods applied in each attempt to repair the leak.
(iii) The reason for the delay of repair.
(iv) The expected date for delivery of the replacement equipment and
the actual date of delivery of the replacement equipment.
(v) The date of successful repair.
(f) The dates and results of each compliance test required for
compressors subject to the provisions in Sec. 63.164(i) and the dates
and results of the monitoring following a pressure release for each
pressure relief device subject to the provisions in Secs. 63.165 (a) and
(b) of this subpart. The results shall include:
(1) The background level measured during each compliance test.
(2) The maximum instrument reading measured at each piece of
equipment during each compliance test.
(g) The owner or operator shall maintain records of the information
specified in paragraphs (g)(1) through (g)(3) of this section for
closed-vent systems and control devices subject to the provisions of
Sec. 63.172 of this subpart. The records specified in paragraph (g)(1)
of this section shall be retained for the life of the equipment. The
records specified in paragraphs (g)(2) and (g)(3) of this section shall
be retained for 2 years.
(1) The design specifications and performance demonstrations
specified in paragraphs (g)(1)(i) through (g)(1)(iv) of this section.
(i) Detailed schematics, design specifications of the control
device, and piping and instrumentation diagrams.
(ii) The dates and descriptions of any changes in the design
specifications.
(iii) The flare design (i.e., steam-assisted, air-assisted, or non-
assisted) and the results of the compliance demonstration required by
Sec. 63.11(b) of subpart A of this part.
(iv) A description of the parameter or parameters monitored, as
required in Sec. 63.172(e) of this subpart, to ensure that control
devices are operated and maintained in conformance with their design and
an explanation of why that parameter (or parameters) was selected for
the monitoring.
[[Page 363]]
(2) Records of operation of closed-vent systems and control devices,
as specified in paragraphs (g)(2)(i) through (g)(2)(iii) of this
section.
(i) Dates and durations when the closed-vent systems and control
devices required in Secs. 63.163 through 63.166, and Sec. 63.170 of this
subpart are not operated as designed as indicated by the monitored
parameters, including periods when a flare pilot light system does not
have a flame.
(ii) Dates and durations during which the monitoring system or
monitoring device is inoperative.
(iii) Dates and durations of start-ups and shutdowns of control
devices required in Secs. 63.163 through 63.166, and Sec. 63.170 of this
subpart.
(3) Records of inspections of closed-vent systems subject to the
provisions of Sec. 63.172 of this subpart, as specified in paragraphs
(g)(3)(i) and (g)(3)(ii) of this section.
(i) For each inspection conducted in accordance with the provisions
of Sec. 63.172(f)(1) or (f)(2) of this subpart during which no leaks
were detected, a record that the inspection was performed, the date of
the inspection, and a statement that no leaks were detected.
(ii) For each inspection conducted in accordance with the provisions
of Sec. 63.172(f)(1) or (f)(2) of this subpart during which leaks were
detected, the information specified in paragraph (d) of this section
shall be recorded.
(h) Each owner or operator of a process unit subject to the
requirements of Secs. 63.175 and 63.176 of this subpart shall maintain
the records specified in paragraphs (h)(1) through (h)(9) of this
section for the period of the quality improvement program for the
process unit.
(1) For owners or operators who elect to use a reasonable further
progress quality improvement program, as specified in Sec. 63.175(d) of
this subpart:
(i) All data required in Sec. 63.175(d)(2) of this subpart.
(ii) The percent leaking valves observed each quarter and the
rolling average percent reduction observed in each quarter.
(iii) The beginning and ending dates while meeting the requirements
of Sec. 63.175(d) of this subpart.
(2) For owners or operators who elect to use a quality improvement
program of technology review and improvement, as specified in
Sec. 63.175(e) of this subpart:
(i) All data required in Sec. 63.175(e)(2) of this subpart.
(ii) The percent leaking valves observed each quarter.
(iii) Documentation of all inspections conducted under the
requirements of Sec. 63.175(e)(4) of this subpart, and any
recommendations for design or specification changes to reduce leak
frequency.
(iv) The beginning and ending dates while meeting the requirements
of Sec. 63.175(e) of this subpart.
(3) For owners or operators subject to the requirements of the pump
quality improvement program as specified in Sec. 63.176 of this subpart:
(i) All data required in Sec. 63.176(d)(2) of this subpart.
(ii) The rolling average percent leaking pumps.
(iii) Documentation of all inspections conducted under the
requirements of Sec. 63.176(d)(4) of this subpart, and any
recommendations for design or specification changes to reduce leak
frequency.
(iv) The beginning and ending dates while meeting the requirements
of Sec. 63.176(d) of this subpart.
(4) If a leak is not repaired within 15 calendar days after
discovery of the leak, the reason for the delay and the expected date of
successful repair.
(5) Records of all analyses required in Secs. 63.175(e) and
63.176(d) of this subpart. The records will include the following:
(i) A list identifying areas associated with poorer than average
performance and the associated service characteristics of the stream,
the operating conditions and maintenance practices.
(ii) The reasons for rejecting specific candidate superior emission
performing valve or pump technology from performance trials.
(iii) The list of candidate superior emission performing valve or
pump technologies, and documentation of the performance trial program
items required under Secs. 63.175(e)(6)(iii) and 63.176(d)(6)(iii) of
this subpart.
(iv) The beginning date and duration of performance trials of each
candidate
[[Page 364]]
superior emission performing technology.
(6) All records documenting the quality assurance program for valves
or pumps as specified in Secs. 63.175(e)(7) and 63.176(d)(7) of this
subpart.
(7) Records indicating that all valves or pumps replaced or modified
during the period of the quality improvement program are in compliance
with the quality assurance requirements in Sec. 63.175(e)(7) and
Sec. 63.176(d)(7) of this subpart.
(8) Records documenting compliance with the 20 percent or greater
annual replacement rate for pumps as specified in Sec. 63.176(d)(8) of
this subpart.
(9) Information and data to show the corporation has fewer than 100
employees, including employees providing professional and technical
contracted services.
(i) The owner or operator of equipment in heavy liquid service shall
comply with the requirements of either paragraph (i)(1) or (i)(2) of
this section, as provided in paragraph (i)(3) of this section.
(1) Retain information, data, and analyses used to determine that a
piece of equipment is in heavy liquid service.
(2) When requested by the Administrator, demonstrate that the piece
of equipment or process is in heavy liquid service.
(3) A determination or demonstration that a piece of equipment or
process is in heavy liquid service shall include an analysis or
demonstration that the process fluids do not meet the definition of ``in
light liquid service.'' Examples of information that could document this
include, but are not limited to, records of chemicals purchased for the
process, analyses of process stream composition, engineering
calculations, or process knowledge.
(j) Identification, either by list, location (area or group) of
equipment in organic HAP service less than 300 hours per year within a
process unit subject to the provisions of this subpart under Sec. 63.160
of this subpart.
(k) Owners and operators choosing to comply with the requirements of
Sec. 63.179 of this subpart shall maintain the following records:
(1) Identification of the process unit(s) and the organic HAP's they
handle.
(2) A schematic of the process unit, enclosure, and closed-vent
system.
(3) A description of the system used to create a negative pressure
in the enclosure to ensure that all emissions are routed to the control
device.
[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994;
60 FR 18030, Apr. 10, 1995; 61 FR 31441, June 20, 1996; 62 FR 2792, Jan.
17, 1997; 64 FR 20198, Apr. 26, 1999]
Effective Date Note: At 68 FR 37345, June 23, 2003, Sec. 63.181 was
amended by adding paragraph (b)(10) effective August 22, 2003. For the
convenience of the user, the added text is set forth as follows:
Sec. 63.181 Recordkeeping requirements.
* * * * *
(b) * * *
(10) For any leaks detected as specified in Secs. 63.163 and 63.164;
Secs. 63.168 and 63.169; and Secs. 63.172 through 63.174 of this
subpart, a weatherproof and readily visible identification, marked with
the equipment identification number, shall be attached to the leaking
equipment.
* * * * *
Sec. 63.182 Reporting requirements.
(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) A Notification of Compliance Status described in paragraph (c)
of this section,
(3) Periodic Reports described in paragraph (d) of this section, and
(4)-(5) [Reserved]
(6) Pursuant to section 112(i)(3)(B) of the Act, an owner or
operator may request an extension allowing an existing source up to 1
additional year beyond the compliance date specified in the subpart that
references this subpart.
[[Page 365]]
(i) For purposes of this subpart, a request for an extension shall
be submitted to the operating permit authority as part of the operating
permit application. If the State in which the source is located does not
have an approved operating permit program, a request for an extension
shall be submitted to the Administrator as a separate submittal. 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.
(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 of this part will govern the review and approval of requests for
extensions of compliance with this subpart.
(b) Each owner or operator of an existing or new source subject to
the provisions of this subpart shall submit a written Initial
Notification to the Administrator, containing the information described
in paragraph (b)(1), according to the schedule in paragraph (b)(2) of
this section. The Initial Notification provisions in Sec. 63.9(b)(1)
through (b)(3) of subpart A of this part shall not apply to owners or
operators of sources subject to this subpart.
(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 chemical manufacturing processes
subject to this subpart; and
(iv) A statement of whether the source can achieve compliance by the
applicable compliance date specified in the subpart in 40 CFR part 63
that references this subpart.
(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 days after the date of promulgation of the subpart
that references this subpart.
(ii) For a new source that has an initial start-up 90 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 of this part shall be submitted in lieu of the Initial
Notification. The application shall be submitted as soon as practicable
before the construction or reconstruction is planned to commence (but it
need not be sooner than 90 days after the date of promulgation of the
subpart that references this subpart).
(iii) For a new source that has an initial start-up prior to 90 days
after the date of promulgation of the applicable subpart, the Initial
Notification shall be submitted within 90 days after the date of
promulgation of the subpart that references this subpart.
(c) Each owner or operator of a source subject to this subpart shall
submit a Notification of Compliance Status within 90 days after the
compliance dates specified in the subpart in 40 CFR part 63 that
references this subpart, except as provided in paragraph (c)(4) of this
section.
(1) The notification shall provide the information listed in
paragraphs (c)(1)(i) through (c)(1)(iv) of this section for each process
unit subject to the requirements of Sec. 63.163 through Sec. 63.174 of
this subpart.
(i) Process unit identification.
(ii) Number of each equipment type (e.g., valves, pumps) excluding
equipment in vacuum service.
(iii) Method of compliance with the standard (for example, ``monthly
leak detection and repair'' or ``equipped with dual mechanical seals'').
(iv) Planned schedule for each phase of the requirements in
Sec. 63.163 and Sec. 63.168 of this subpart.
(2) The notification shall provide the information listed in
paragraphs (c)(2)(i) and (c)(2)(ii) of this section for each process
unit subject to the requirements of Sec. 63.178(b) of this subpart.
(i) Batch products or product codes subject to the provisions of
this subpart, and
(ii) Planned schedule for pressure testing when equipment is
configured for production of products subject to the provisions of this
subpart.
[[Page 366]]
(3) The notification shall provide the information listed in
paragraphs (c)(3)(i) and (c)(3)(ii) of this section for each process
unit subject to the requirements in Sec. 63.179 of this subpart.
(i) Process unit identification.
(ii) A description of the system used to create a negative pressure
in the enclosure and the control device used to comply with the
requirements of Sec. 63.172 of this subpart.
(4) For existing sources subject to subpart F of this part, the
Notification of Compliance Status shall be submitted for the group of
process units with the earliest compliance date specified in
Sec. 63.100(k) of subpart F of this part, by no later than 90 days after
the compliance date for that group. The Notification of Compliance
Status for each subsequent group shall be submitted as part of the first
periodic report that is due not less than 90 days after the compliance
date for that group.
(d) The owner or operator of a source subject to this subpart shall
submit Periodic Reports.
(1) A report containing the information in paragraphs (d)(2),
(d)(3), and (d)(4) of this section shall be submitted semiannually
starting 6 months after the Notification of Compliance Status, as
required in paragraph (c) of this section. The first periodic report
shall cover the first 6 months after the compliance date specified in
Sec. 63.100(k)(3) of subpart F. Each subsequent periodic report shall
cover the 6 month period following the preceding period.
(2) For each process unit complying with the provisions of
Sec. 63.163 through Sec. 63.174 of this subpart, the summary information
listed in paragraphs (i) through (xvi) of this paragraph for each
monitoring period during the 6-month period.
(i) The number of valves for which leaks were detected as described
in Sec. 63.168(b) of this subpart, the percent leakers, and the total
number of valves monitored;
(ii) The number of valves for which leaks were not repaired as
required in Sec. 63.168(f) of this subpart, identifying the number of
those that are determined nonrepairable;
(iii) The number of pumps for which leaks were detected as described
in Sec. 63.163(b) of this subpart, the percent leakers, and the total
number of pumps monitored;
(iv) The number of pumps for which leaks were not repaired as
required in Sec. 63.163(c) of this subpart;
(v) The number of compressors for which leaks were detected as
described in Sec. 63.164(f) of this subpart;
(vi) The number of compressors for which leaks were not repaired as
required in Sec. 63.164(g) of this subpart;
(vii) The number of agitators for which leaks were detected as
described in Sec. 63.173(a) and (b) of this subpart;
(viii) The number of agitators for which leaks were not repaired as
required in Sec. 63.173(c) of this subpart;
(ix) The number of connectors for which leaks were detected as
described in Sec. 63.174(a) of this subpart, the percent of connectors
leaking, and the total number of connectors monitored;
(x) [Reserved]
(xi) The number of connectors for which leaks were not repaired as
required in Sec. 63.174(d) of this subpart, identifying the number of
those that are determined nonrepairable;
(xii) [Reserved]
(xiii) The facts that explain any delay of repairs and, where
appropriate, why a process unit shutdown was technically infeasible.
(xiv) The results of all monitoring to show compliance with
Secs. 63.164(i), 63.165(a), and 63.172(f) of this subpart conducted
within the semiannual reporting period.
(xv) If applicable, the initiation of a monthly monitoring program
under Sec. 63.168(d)(1)(i) of this subpart, or a quality improvement
program under either Secs. 63.175 or 63.176 of this subpart.
(xvi) If applicable, notification of a change in connector
monitoring alternatives as described in Sec. 63.174(c)(1) of this
subpart.
(xvii) If applicable, the compliance option that has been selected
under Sec. 63.172(n).
(3) For owners or operators electing to meet the requirements of
Sec. 63.178(b) of this subpart, the report shall include the information
listed in paragraphs (i) through (v) of this paragraph for each process
unit.
(i) Batch product process equipment train identification;
[[Page 367]]
(ii) The number of pressure tests conducted;
(iii) The number of pressure tests where the equipment train failed
the pressure test;
(iv) The facts that explain any delay of repairs; and
(v) The results of all monitoring to determine compliance with
Sec. 63.172(f) of this subpart.
(4) The information listed in paragraph (c) of this section for the
Notification of Compliance Status for process units with later
compliance dates. Any revisions to items reported in earlier
Notification of Compliance Status, if the method of compliance has
changed since the last report.
[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48178, Sept. 20, 1994;
60 FR 18030, Apr. 10, 1995; 60 FR 63631, Dec. 12, 1995; 62 FR 2792, Jan.
17, 1997]
Sec. 63.183 Implementation and enforcement.
(a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to a State,
local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
(c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
(1) Approval of alternatives to the requirements in Secs. 63.160,
63.162 through 63.176, 63.178 through 63.179. Follow the applicable
procedures of Sec. 63.177 to request an alternative means of emission
limitation for batch processes and enclosed-vented process units. Where
these standards reference another subpart, the cited provisions will be
delegated according to the delegation provisions of the referenced
subpart. Where these standards reference another subpart and modify the
requirements, the requirements shall be modified as described in this
subpart. Delegation of the modified requirements will also occur
according to the delegation provisions of the referenced subpart.
(2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required
in this subpart.
(3) Approval of major alternatives to monitoring under Sec. 63.8(f),
as defined in Sec. 63.90, and as required in this subpart.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.
Effective Date Note: At 68 FR 37345, June 23, 2003, Sec. 63.183 was
added effective August 22, 2003.
Table 1 to Subpart H of Part 63--Batch Processes
Monitoring Frequency for Equipment Other than Connectors
----------------------------------------------------------------------------------------------------------------
Equivalent continuous process monitoring frequency time in use
Operating time (% of year) --------------------------------------------------------------------------------
Monthly Quarterly Semiannually
----------------------------------------------------------------------------------------------------------------
0 to <25....................... Quarterly............ Annually................... Annually.
25 to <50...................... Quarterly............ Semiannually............... Annually.
50 to <75...................... Bimonthly............ Three times................ Semiannually.
75 to 100...................... Monthly.............. Quarterly.................. Semiannually.
----------------------------------------------------------------------------------------------------------------
[[Page 368]]
Table 2 to Subpart H of Part 63--Surge Control Vessels and Bottoms
Receivers at Existing Sources
------------------------------------------------------------------------
Vapor pressure\1\
Vessel capacity (cubic meters) (kilopascals)
------------------------------------------------------------------------
75 [le] capacity < 151..................... [ge]13.1
151 [le] capacity.......................... [ge] 5.2a
------------------------------------------------------------------------
\1\ Maximum true vapor pressure of total organic HAP at operating
temperature as defined in subpart G of this part.
[60 FR 18025, Apr. 10, 1995]
Table 3 to Subpart H of Part 63--Surge Control Vessels and Bottoms
Receivers at New Sources
------------------------------------------------------------------------
Vapor pressure\1\
Vessel capacity (cubic meters) (kilopascals)
------------------------------------------------------------------------
38 [le] capacity < 151..................... [ge] 13.1
151 [le] capacity.......................... [ge] 0.7
------------------------------------------------------------------------
\1\ Maximum true vapor pressure of total organic HAP at operating
temperature as defined in subpart G of this part.
[60 FR 18025, Apr. 10, 1995]
Table 4 to Subpart H of Part 63--Applicable 40 CFR Part 63 General
Provisions
------------------------------------------------------------------------
40 CFR part 63, subpart A, provisions applicable to subpart H
-------------------------------------------------------------------------
Sec. 63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4)
Sec. 63.2
Sec. 63.5(a)(1), (a)(2), (b), (d)(1)(ii), (d)(4), (e), (f)(1) and
(f)(2)
Sec. 63.6(a), (b)(3), (c)(5), (i)(1), (i)(2), (i)(4)(i)(A), (i)(5)
through (i)(14), (i)(16) and (j)
Sec. 63.9(a)(2), (b)(4)(i)\a\, (b)(4)(ii), (b)(4)(iii), (b)(5)a, (c)
and (d)
Sec. 63.10(d)(4)
Sec. 63.12(b)
------------------------------------------------------------------------
\a\ The notifications specified in Sec. 63.9(b)(4)(i) and (b)(5) shall
be submitted at the times specified in 40 CFR part 65.
[65 FR 78285, Dec. 14, 2000]
Subpart I--National Emission Standards for Organic Hazardous Air
Pollutants for Certain Processes Subject to the Negotiated Regulation
for Equipment Leaks
Source: 59 FR 19587, Apr. 22, 1994, unless otherwise noted.
Sec. 63.190 Applicability and designation of source.
(a) This subpart provides applicability provisions, definitions, and
other general provisions that are applicable to sources subject to this
subpart.
(b) Except as provided in paragraph (b)(7) of this section, the
provisions of subparts I and H of this part apply to emissions of the
designated organic HAP from the processes specified in paragraphs (b)(1)
through (b)(6) of this section that are located at a plant site that is
a major source as defined in section 112(a) of the Act. The specified
processes are further defined in Sec. 63.191.
(1) Styrene-butadiene rubber production (butadiene and styrene
emissions only).
(2) Polybutadiene rubber production (butadiene emissions only).
(3) The processes producing the agricultural chemicals listed in
paragraphs (b)(3)(i) through (b)(3)(v) of this section (butadiene,
carbon tetrachloride, methylene chloride, and ethylene dichloride
emissions only).
(i) Captafol[reg],
(ii) Captan[reg],
(iii) Chlorothalonil,
(iv) Dacthal, and
(v) TordonTM acid.
(4) Processes producing the polymers/resins or other chemical
products listed in paragraphs (b)(4)(i) through (b)(4)(vi) of this
section (carbon tetrachloride, methylene chloride, tetrachloroethylene,
chloroform, and ethylene dichloride emissions only).
(i) Hypalon[reg],
(ii) Oxybisphenoxarsine/1,3-diisocyanate (OBPA[reg]),
(iii) Polycarbonates,
(iv) Polysulfide rubber,
(v) Chlorinated paraffins, and
(vi) Symmetrical tetrachloropyridine.
(5) Pharmaceutical production processes using carbon tetrachloride
or
[[Page 369]]
methylene chloride (carbon tetrachloride and methylene chloride
emissions only).
(6) Processes producing the polymers/resins or other chemical
products listed in paragraphs (b)(6)(i) through (b)(6)(v) of this
section (butadiene emissions only).
(i) [Reserved]
(ii) Methylmethacrylate-butadiene-styrene resins (MBS)
(iii) Butadiene-furfural cotrimer,
(iv) Methylmethacrylate-acrylonitrile-butadiene-styrene (MABS)
resins, and
(v) Ethylidene norbornene.
(7) The owner or operator of a plant site at which a process
specified in paragraphs (b)(1) through (b)(6) of this section is located
is exempt from all requirements of this subpart I 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 process is located emits, and will continue
to emit, during any 12-month period, less than 10 tons per year of any
individual 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)(7)(i)(A) through
(b)(7)(i)(C).
(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 of this part;
(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 EPCRA
section 313, then such reported annual emissions may be used to satisfy
the requirements of this paragraph.
(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)(7) 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, and the plant site is not a major source
(as defined in subpart A of this part), the owner or operator is not
subject to the provisions of paragraph (b)(7) of this section.
(c) The owner or operator of a process listed in paragraph (b) of
this section that does not have the designated organic hazardous air
pollutants present in the process shall comply only with the
requirements of Sec. 63.192(k) of this subpart. To comply with this
subpart, such processes shall not be required to comply with the
provisions of subpart A of this part.
(d) For the purposes of subparts I and H of this part, the source
includes pumps, compressors, agitators, pressure relief devices,
sampling connection systems, open-ended valves or lines, valves,
connectors, surge control vessels, bottoms receivers, and
instrumentation systems that are associated with the processes
identified in paragraph (b) of this section and are intended to operate
in organic hazardous air pollutant service (as defined in Sec. 63.191 of
this subpart) for 300 hours or more during the calendar year. If
specific items of equipment, comprising part of a 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 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 paragraph (e) of
this section.
[[Page 370]]
(e) The owner or operator of a process subject to this subpart is
required to comply with the provisions of subpart H of this part on or
before the dates specified in paragraph (e)(1) or (e)(2) of this
section, unless the owner or operator eliminates the use or production
of all HAP's that cause the process to be subject to this rule no later
than 18 months after April 22, 1994.
(1) New sources that commence construction or reconstruction after
December 31, 1992 shall comply upon initial start-up or April 22, 1994.
(2) Existing sources shall comply no later than October 24, 1994,
except as provided in paragraphs (e)(3) through (e)(6) of this section
or unless an extension has been granted by the EPA Regional Office or
operating permit authority, as provided in Sec. 63.6(i) of subpart A of
this part.
(3) Existing process units 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
(e)(3)(i) through (e)(3)(iv) of this section, if the work can be
accomplished without a process unit shutdown, as defined in Sec. 63.161.
(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.
(4) Existing process units shall be in compliance with the
requirements of Sec. 63.164 of subpart H no later than January 23, 1996,
for any compressor meeting the criteria in paragraphs (e)(4)(i) through
(e)(4)(iv) of this section.
(i) The compressor meets one or more of the criteria specified in
paragraphs (e)(3) (i) through (iv) of this section;
(ii) The work can be accomplished without a process unit shutdown as
defined in Sec. 63.161;
(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 May 10, 1995. The request shall include the
information specified in paragraphs (e)(4)(iv)(A) through (e)(4)(iv)(E)
of this section. Unless the EPA Regional Office objects to the request
within 30 days after receipt, the request shall be deemed approved.
(A) The name and address of the owner or operator and the address of
the existing source if it differs from the address of the owner or
operator;
(B) The name, address, and telephone number of a contact person for
further information;
(C) An identification of the process unit, and of the specific
equipment for which additional compliance time is required;
(D) The reason compliance cannot reasonably be achieved by May 10,
1995; and
(E) The date by which the owner or operator expects to achieve
compliance.
(5)(i) If compliance with the compressor provisions of Sec. 63.164
of subpart H of this part cannot 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 in paragraph (e)(5)(ii) of this section. The owner or
operator who elects to use this provision shall also comply with the
requirements of Sec. 63.192(m) of this subpart.
(ii) If compliance with the compressor provisions of Sec. 63.164 of
subpart H of this part cannot 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. 63.192(m) of this subpart.
(6) Existing sources shall be in compliance with the provisions of
Sec. 63.170 of subpart H no later than April 22, 1997.
(f) The provisions of subparts I and H of this part do not apply to
research and development facilities or to bench-scale batch processes,
regardless of whether the facilities or processes are located at the
same plant site as a
[[Page 371]]
process subject to the provisions of subpart I and H of this part.
(g)(1) If an additional process unit 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 CAA, the addition shall be subject to the
requirements for a new source in subparts H and I 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 process subject to this subpart, the
change shall be subject to the requirements for a new source in subparts
H and I 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;
(ii) Such reconstruction commenced after December 31, 1992.
(3) If an additional process unit is added to a plant site or a
change is made to a process unit and the addition or change is
determined to be subject to the new source requirements according to
paragraphs (g)(1) or (g)(2) of this section:
(i) The new or reconstructed source shall be in compliance with the
new source requirements of subparts H and I 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 H
and I of this part that are applicable to new sources. The applicable
reports include, but are not limited to:
(A) Reports required by Sec. 63.182(b), if not previously submitted,
Sec. 63.182 (c) and (d) of subpart H of this part; and
(B) Reports and notifications required by sections of subpart A of
this part that are applicable to subparts H and I of this part, as
identified in Sec. 63.192(a) of this subpart.
(4) If an additional process unit is added to a plant site, 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 paragraphs (g)(1) or
(g)(2) of this section, the requirements in paragraphs (g)(4)(i) through
(g)(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, 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. 63.182(c) of subpart H of this part.
(i) The added emission point(s) and any emission point(s) within the
added or changed process unit are subject to the requirements of
subparts H and I of this part for an existing source;
(ii) The added emission point(s) and any emission point(s) within
the added or changed process unit shall be in compliance with subparts H
and I of this part by the dates specified in paragraphs (g)(4)(ii)(A) or
(g)(4)(ii)(B) of this section, as applicable.
(A) If a process unit is added to a plant site or an emission
point(s) is added to an existing process unit, the added process unit or
emission point(s) shall be in compliance upon initial start-up of the
added process unit or emission point(s) or by April 22, 1997, whichever
is later.
(B) If a surge control vessel or bottoms receiver becomes subject to
Sec. 63.170 of subpart H, if a compressor becomes subject to Sec. 63.164
of subpart H, or if a deliberate operational process change causes
equipment to become subject to subpart H of this part, the owner or
operator shall be in compliance upon initial start-up or by April 22,
1997, whichever is later, unless the owner or operator demonstrates to
the Administrator that achieving compliance will take longer than making
the
[[Page 372]]
change. The owner or operator shall submit to the Administrator for
approval a compliance schedule, along with a justification for the
schedule. The Administrator shall approve the compliance schedule or
request changes within 120 calendar days of receipt of the compliance
schedule and justification.
(iii) The owner or operator of a 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 H and I of this part that are applicable to existing
sources, including, but not limited to, the reports listed in paragraphs
(g)(4)(iii)(A) and (g)(4)(iii)(B) of this section.
(A) Reports required by Sec. 63.182 of subpart H of this part; and
(B) Reports and notifications required by sections of subpart A of
this part that are applicable to subparts H and I of this part, as
identified in Sec. 63.192(a) of this subpart.
(h) Rules stayed for reconsideration. Notwithstanding any other
provision of this subpart, the effectiveness of subpart I 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 I.
(i) 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. 63.190(e)(2).
(j) If a change that does not meet the criteria in paragraph (g)(4)
of this section is made to a process unit subject to subparts H and I of
this part, and the change causes equipment to become subject to the
provisions of subpart H of this part, then the owner or operator shall
comply with the requirements of subpart H of this part for the equipment
as expeditiously as practical, but in no event later than three years
after the equipment becomes subject.
(1) The owner or operator shall submit to the Administrator for
approval a compliance schedule, along with a justification for the
schedule.
(2) The Administrator shall approve the compliance schedule or
request changes within 120 calendar days of receipt of the compliance
schedule and justification.
[59 FR 19587, Apr. 22, 1994, as amended at 59 FR 48178, Sept. 20, 1994;
59 FR 53360, Oct. 24, 1994; 59 FR 54132, Oct. 28, 1994; 60 FR 5321, Jan.
27, 1995; 60 FR 18025, Apr. 10, 1995; 61 FR 7718, Feb. 29, 1996; 61 FR
31441, June 20, 1996; 62 FR 2792, Jan. 17, 1997]
Sec. 63.191 Definitions.
(a) The following terms as used in subparts I and H of this part
shall have the meaning given them in subpart A of this part: Act,
Administrator, approved permit program, commenced, compliance date,
construction, effective date, EPA, equivalent emission limitation,
existing source, Federally enforceable, 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 in subpart 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 or H of this part and in this
section, it shall have the meaning given in this section for purposes of
subparts I and H of this part.
Bench-scale batch process means a batch process (other than a
research and development facility) that is operated on a small scale,
such as one capable of being located on a laboratory bench top. This
bench-scale equipment will typically include reagent feed vessels, a
small reactor and associated product separator, recovery and holding
equipment. These processes are only capable of producing small
quantities of product.
Bottoms receiver means a tank that collects distillation bottoms
before the stream is sent for storage or for further downstream
processing.
[[Page 373]]
Butadiene-furfural cotrimer (R-11) means the product of reaction of
butadiene with excess furfural in a liquid phase reactor. R-11 is
usually used as an insect repellant and as a delousing agent for cows in
the dairy industry.
Captafol[reg] means the fungicide Captafol ([cis-
N(1,1,2,2-tetrachloroethyl)-thio]-4-cylcohexene-1,2-dicarboximide). The
category includes any production process units that store, react, or
otherwise process 1,3-butadiene in the production of Captafol.
Captan[reg] means the fungicide Captan. The production
process typically includes, but is not limited to, the reaction of
tetrahydrophthalimide and perchloromethyl mercaptan with caustic.
Chlorinated paraffins means dry chlorinated paraffins, which are
mainly straight-chain, saturated hydrocarbons. The category includes,
but is not limited to, production of chlorinated paraffins by passing
gaseous chlorine into a paraffin hydrocarbon or by chlorination by using
solvents, such as carbon tetrachloride, under reflux.
Chlorothalonil means the agricultural fungicide, bactericide and
nematocide Chlorothalonil (Daconil). The category includes any process
units utilized to dissolve tetrachlorophthalic acid chloride in an
organic solvent, typically carbon tetrachloride, with the subsequent
addition of ammonia.
Dacthal TM means the pre-emergent herbicide
DacthalTM, also known as DCPA, DAC, and dimethyl ester
2,3,5,6-tetrachloroterephthalic acid. The category includes, but is not
limited to, chlorination processes and the following production process
units: photochlorination reactors, thermal chlorination reactors, and
condensers.
Ethylidene Norbornene means the diene with CAS number 16219-75-3.
Ethylidene norbornene is used in the production of ethylene-propylene
rubber products.
HypalonTM (chlorosulfonated polyethylene) means a
synthetic rubber produced by reacting polyethylene with chloric and
sulfur dioxide, transforming the thermoplastic polyethylene into a
vulcanized elastomer. The reaction is conducted in a solvent (carbon
tetrachloride) reaction medium.
Initial start-up means the first time a new or reconstructed source
begins production. Initial start-up does not include operation solely
for testing equipment. For purposes of subpart H of this part, initial
start-up does not include subsequent start-ups (as defined in
Sec. 63.161 of subpart H of this part) of process units (as defined in
Sec. 63.161 of subpart H of this part) following malfunctions or process
unit shutdowns.
In organic hazardous air pollutant service or in organic HAP service
means that a piece of equipment either contains or contacts a fluid
(liquid or gas) that is at least 5 percent by weight of the designated
organic HAP's listed in Sec. 63.190(b) of this subpart.
Methyl Methacrylate-Acrylonitrile-Butadiene-Styrene (MABS) Resins
means styrenic polymers containing methyl methacrylate, acrylonitrile,
1,3-butadiene, and styrene. The MABS copolymers are prepared by
dissolving or dispersing polybutadiene rubber in a mixture of methyl
methacrylate- acrylonitrile-styrene and butadiene monomer. The graft
polymerization is carried out by a bulk or a suspension process.
Methyl Methacrylate-Butadiene-Styrene (MBS) Resins means styrenic
polymers containing methyl methacrylate, 1,3-butadiene, and styrene.
Production of MBS terpolymers is achieved using an emulsion process in
which methyl methacrylate and styrene are grafted onto a styrene-
butadiene rubber.
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 process unit to which
the records pertain, or storage in central files elsewhere at the major
source.
Oxybisphenoxarsine (OBPA)/1,3-Diisocyanate means the chemical with
CAS number 58-36-6. The chemical is primarily used for fungicidal and
bactericidal protection of plastics. The process uses chloroform as a
solvent.
Pharmaceutical production process means a process that synthesizes
one
[[Page 374]]
or more pharmaceutical intermediate or final products using carbon
tetrachloride or methylene chloride as a reactant or process solvent.
Pharmaceutical production process does not mean process operations
involving formulation activities, such as tablet coating or spray
coating of drug particles, or solvent recovery or waste management
operations.
Polybutadiene production means a process that produces polybutadiene
through the polymerization of 1,3-butadiene.
Polycarbonates means a special class of polyester formed from any
dihydroxy compound and any carbonate diester or by ester interchange.
Polycarbonates may be produced by solution or emulsion polymerization,
although other methods may be used. A typical method for the manufacture
of polycarbonates includes the reaction of bisphenol-A with phosgene in
the presence of pyridine to form a polycarbonate. Methylene chloride is
used as a solvent in this polymerization reaction.
Polysulfide rubber means a synthetic rubber produced by reaction of
sodium sulfide and p-dichlorobenzene at an elevated temperature in a
polar solvent. This rubber is resilient and has low temperature
flexibility.
Process Unit means the group of equipment items used to process raw
materials and to manufacture a product. For the purposes of this
subpart, process unit includes all unit operations and associated
equipment (e.g., reactors and associated product separators and recovery
devices), associated unit operations (e.g., extraction columns), any
feed and product storage vessels, and any transfer racks for
distribution of final product.
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 except in a deminimis manner.
Source means the collection of equipment listed in Sec. 63.190(d) to
which this subpart applies as determined by the criteria in Sec. 63.190.
For purposes of subparts H and I 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.
Styrene-butadiene rubber production means a process that produces
styrene-butadiene copolymers, whether in solid (elastomer) or emulsion
(latex) form.
Surge control vessel means feed drums, recycle drums, and
intermediate vessels. Surge control vessels are used within a process
unit when in-process storage, mixing, or management of flow rates or
volumes is needed to assist in production of a product.
Symmetrical tetrachloropyridine means the chemical with CAS number
2402-79-1.
Tordon acid TM means the synthetic herbicide 4-amino-
3,5,6-trichloropicolinic acid, picloram. The category includes, but is
not limited to, chlorination processes utilized in TordonTM
acid production.
[59 FR 19587, Apr. 22, 1994, as amended at 59 FR 48178, Sept. 20, 1994;
60 FR 18026, 18030, Apr. 10, 1995; 61 FR 31442, June 20, 1996; 62 FR
2792, Jan. 17, 1997]
Sec. 63.192 Standard.
(a)(1) The owner or operator of a source subject to this subpart
shall comply with the requirements of subpart H of this part for the
processes and designated organic HAP's listed in Sec. 63.190(b) of this
subpart.
(2) The owner or operator of a pharmaceutical production process
subject to this subpart may define a process unit as a set of
operations, within a source, producing a product, as all operations
collocated within a building or structure or as all affected operations
at the source.
(b) All provisions in Secs. 63.1 through 63.15 of subpart A of this
part which apply to owners and operators of sources subject to subparts
I and H of this part, are:
(1) The applicability provisions of Sec. 63.1 (a)(1), (a)(2),
(a)(10), (a)(12) through (a)(14);
(2) The definitions of Sec. 63.2 unless changed or modified by
specific entry in Sec. 63.191 or Sec. 63.161;
(3) The units and abbreviations in Sec. 63.3;
[[Page 375]]
(4) The prohibited activities and circumvention provisions of
Sec. 63.4 (a)(1), (a)(2), (a)(3), (a)(5), and (b);
(5) The construction and reconstruction provisions of Sec. 63.5(a),
(b)(1), (b)(3), (d) (except the review is limited to the equipment
subject to the provisions of subpart H), (e), and (f);
(6)(i) The compliance with standards and maintenance requirements of
Sec. 63.6(a), (b)(3), (c)(5), (e), (i)(1), (i)(2), (i)(4)(i)(A),
(i)(6)(i), (i)(8) through (i)(10), (i)(12) through (i)(14), (i)(16), and
(j);
(ii) The operational and maintenance requirements of Sec. 63.6(e).
The startup, shutdown, and malfunction plan requirement of
Sec. 63.6(e)(3) is limited to control devices subject to the provisions
of subpart H of part 63 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.
(7) With respect to flares, the performance testing requirements of
Sec. 63.7(a)(3), (d), (e)(1), (e)(2), (e)(4), and (h);
(8) The notification requirements of Sec. 63.9 (a)(1), (a)(3),
(a)(4), (b)(1)(i), (b)(4), (b)(5) (except, use the schedule specified in
subpart H), (c), (d), and (i);
(9) The recordkeeping and reporting requirements of Sec. 63.10(a)
and (f);
(10) The control device requirements of Sec. 63.11(b); and
(11) The provisions of Sec. 63.12 through Sec. 63.15.
(c) Initial performance tests and initial compliance determinations
shall be required only as specified in subpart H of this part.
(1) Performance tests and compliance determinations shall be
conducted according to the applicable sections of subpart H.
(2) The owner or operator shall notify the Administrator of the
intention to conduct a performance test at least 30 days before the
performance test is scheduled to allow the Administrator the opportunity
to have an observer present during the test.
Note: This requirement does not apply to equipment subject to
monitoring using Method 21 of part 60, appendix A.
(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.
(d) An application for approval of construction or reconstruction,
40 CFR 63.5 of this chapter, will not be required if:
(1) The new process unit complies with the applicable standards in
Sec. 63.162 or Sec. 63.178 of subpart H of this part; and
(2) In the next semiannual report required by Sec. 63.182(d) of
subpart H of this part, the information in Sec. 63.182(c) of subpart H
of this part is reported.
(e) If an owner or operator of a process plans to eliminate the use
or production of all HAP's that cause the process to be subject to the
provisions of subparts I and H of this part no later than 18 months
after April 22, 1994, the owner or operator shall submit to the
Administrator a brief description of the change, identify the HAP's
eliminated, and the expected date of cessation of operation of the
current process, by no later than January 23, 1995.
(f) Each owner or operator of a source subject to subparts I and H
of this part shall keep copies of all applicable reports and records
required by subpart H for at least 2 years, except as otherwise
specified in subpart H. If an owner or operator submits copies of
reports to the applicable EPA Regional Office, the owner or operator is
not required to maintain copies of reports. If the EPA Regional Office
has waived the requirement of Sec. 63.10(a)(4)(ii) for submittal of
copies of reports, the owner or operator is not required to maintain
copies of reports.
(1) All applicable records shall be maintained in such a manner that
they can be readily accessed. The most recent 6 months of records shall
be retained on site or shall be accessible
[[Page 376]]
from a central location by computer or other means that provides access
within 2 hours after a request.
(2) The owner or operator subject to subparts I and H of this part
shall keep the records specified in this paragraph, as well as records
specified in subpart H of this part.
(i) Records of the occurrence and duration of each start-up,
shutdown, and malfunction of operation of a process subject to this
subpart as specified in Sec. 63.190(b) of this subpart.
(ii) Records of the occurrence and duration of each malfunction of
air pollution control equipment or continuous monitoring systems used to
comply with subparts I and H of this part.
(iii) For each start-up, shutdown, and malfunction, 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. These records may take the form of a
``checklist,'' or other form of recordkeeping that confirms conformance
with the startup, shutdown, and malfunction plan for the event.
(g) All reports required under subpart H shall be sent to the
Administrator at the addresses listed in Sec. 63.13 of subpart A of this
part.
(1) 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 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.
(h) 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 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 (h) 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.
(i) 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.
(1) If EPA has approved a State operating permit program under 40
CFR part 70, the permit shall be obtained from the State authority.
(2) If the State operating permit program has not been approved, the
source shall apply to the EPA regional office pursuant to 40 CFR part
71.
(j) The requirements in subparts I and H of this part are Federally
enforceable under section 112 of the Act on and after the dates
specified in Sec. 63.190(d) of this subpart.
(k) The owner or operator of a process unit which meets the criteria
of Sec. 63.190 (c), shall comply with the requirements of either
paragraph (k)(1) or (k)(2) of this section.
(1) Retain information, data, and analysis used to determine that
the process unit does not have the designated organic hazardous air
pollutant present in the process. 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 have the designated organic
hazardous air pollutant present in the process.
(l) To qualify for the exemption specified in Sec. 63.190(b)(7) of
this subpart, the owner or operator shall maintain the documentation of
the information required pursuant to Sec. 63.190(b)(7)(i), and
documentation of any update of this
[[Page 377]]
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, whether, in the EPA Regional Office's judgement, the
source does not qualify for the exemption specified in Sec. 63.190(b)(7)
of this subpart. In such cases, compliance with this subpart shall be
required no later than 90 days after the date of such notification by
the EPA Regional Office.
(m) An owner or operator who elects to use the compliance extension
provisions of Sec. 63.190(e)(5) (i) or (ii) shall submit a compliance
extension request to the appropriate EPA Regional Office no later than
May 10, 1995. The request shall contain the information specified in
Sec. 63.190(e)(4)(iv) and the reason compliance cannot reasonably be
achieved without a process unit shutdown, as defined in Sec. 63.161 of
subpart H or replacement of the compressor or recasting of the distance
piece.
[59 FR 19587, Apr. 22, 1994, as amended at 59 FR 48178, Sept. 20, 1994;
60 FR 18026, 18030, Apr. 10, 1995; 61 FR 31442, June 20, 1996; 62 FR
2793, Jan. 17, 1997]
Sec. 63.193 Delegation of authority.
In delegating implementation and enforcement authority to a State
under section 112(l) of the Clean Air Act, the authority for Sec. 63.177
of subpart H of this part shall be retained by the Administrator and not
transferred to a State.
[62 FR 2793, Jan. 17, 1997]
Effective Date Note: At 68 FR 37345, June 23, 2003, Sec. 63.193 was
revised effective August 22, 2003. For the convenience of the user, the
revised text is set forth as follows:
Sec. 63.193 Implementation and enforcement.
(a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to a State,
local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
(c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
(1) Approval of alternatives to the requirements in Secs. 63.190 and
63.192(a) through (b), (e), and (h) through (j). Where these standards
reference another subpart, the cited provisions will be delegated
according to the delegation provisions of the referenced subpart.
(2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required
in this subpart.
(3) Approval of major alternatives to monitoring under Sec. 63.8(f),
as defined in Sec. 63.90, and as required in this subpart.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.
Subpart J--National Emission Standards for Hazardous Air Pollutants for
Polyvinyl Chloride and Copolymers Production
Source: 67 FR 45891, July 10, 2002 unless otherwise noted.
What This Subpart Covers
Sec. 63.210 What is the purpose of this subpart?
This subpart establishes national emission standards for hazardous
air pollutants (NESHAP) for polyvinyl chloride (PVC) and copolymers
production.
Sec. 63.211 Am I subject to this subpart?
(a) You are subject to this subpart if you own or operate a PVC
plant, as defined in 40 CFR 61.61(c) of this chapter, that is a major
source of hazardous air pollutants (HAP) emissions or that is located
at, or is part of, a major source of HAP emissions.
(b) You are a major source of HAP emissions if you own or operate a
plant site that emits or has the potential to emit any single HAP at a
rate of 10
[[Page 378]]
tons (9.07 megagrams) or more per year or any combination of HAP at a
rate of 25 tons (22.68 megagrams) or more per year.
Sec. 63.212 What parts of my facility does this subpart cover?
(a) This subpart applies to each new or existing affected source at
PVC and copolymers production operations.
(b) The affected source subject to this subpart is the collection of
all equipment and activities in vinyl chloride service necessary to
produce PVC and copolymers. This subpart applies to the PVC and
copolymers production operations that meet the applicability criteria at
40 CFR 61.60(a)(3) of this chapter.
(c) An affected source is a new affected source if you commenced
construction or reconstruction of the affected source after July 10,
2002.
(d) An affected source is existing if it is not new.
(e) This subpart does not apply to research and development
facilities, as defined in section 112(c)(7) of the Clean Air Act.
Sec. 63.213 When do I have to comply with this subpart?
(a) If you have a new affected source, you must comply with this
subpart according to paragraphs (a)(1) and (2) of this section:
(1) If you startup your affected source before July 10, 2002, then
you must comply with the standards in this subpart no later than July
10, 2002.
(2) If you startup your affected source after July 10, 2002, then
you must comply with the standards in this subpart upon startup of your
affected source.
(b) If you have an existing affected source, you must be in
compliance with the standards in this subpart by July 10, 2002.
(c) If you have an area source that increases its emissions or its
potential to emit such that it becomes a major source of HAP and an
affected source subject to this subpart, paragraphs (c)(1) and (2) of
this section apply.
(1) An area source that meets the criteria of a new affected source
as specified at Sec. 63.212(d) must be in compliance with this subpart
upon becoming a major source.
(2) An area source that meets the criteria of an existing affected
source as specified at Sec. 63.212(e) must be in compliance with this
subpart upon becoming a major source.
Standards and Compliance Requirements
Sec. 63.214 What are the requirements I must comply with?
(a) You must meet all the requirements in 40 CFR part 61, subpart F
of this chapter, as they pertain to processes that manufacture
polymerized vinyl chloride, except as specified in paragraphs (a)(1) and
(2) of this section. These requirements include the emission standards
and compliance, testing, monitoring, notification, recordkeeping, and
reporting requirements.
(1) Where 40 CFR part 61, subpart F, references 40 CFR part 61,
subpart V, a new source must comply with the provisions of 40 CFR part
63, subpart UU, instead of the provisions of 40 CFR part 61, subpart V.
(2) Where 40 CFR part 61, subpart F, references 40 CFR part 61,
subpart V, an existing source must comply with either the provisions of
40 CFR part 63, subpart UU, or the provisions of 40 CFR part 61, subpart
V.
(b) Sources that comply with all of the provisions of 40 CFR part
63, subpart UU, are not required to meet any of the provisions of 40 CFR
part 61, subpart V.
Other Requirements and Information
Sec. 63.215 What General Provisions apply to me?
(a) All the provisions in 40 CFR part 61, subpart A of this chapter,
apply to this subpart.
(b) The provisions in subpart A of this part also apply to this
subpart as specified in (b)(1) through (3) of this section.
(1) The general applicability provisions in Sec. 63.1(a)(1) through
(8) and (13) through (14).
(2) The specific applicability provisions in Sec. 63.1(b) through
(e) except for the reference to Sec. 63.10 for recordkeeping procedures.
[[Page 379]]
(3) The construction and reconstruction provisions in Sec. 63.5
except for the references to Sec. 63.6 for compliance procedures and the
references to Sec. 63.9 for notification procedures.
Sec. 63.216 Who administers this subpart?
(a) This subpart can be administered by us, the EPA, or a delegated
authority such as your State, local, or tribal agency. If the EPA
Administrator has delegated authority to your State, local, or tribal
agency, then that agency has the primary authority to administer and
enforce this subpart. You should contact your EPA Regional Office to
find out if the authority to implement and enforce this subpart is
delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under subpart E of this
part, the authorities contained in paragraphs (b)(1) through (5) of this
section are retained by the Administrator of EPA and are not transferred
to the State, local, or tribal agency.
(1) Approval of alternatives to the non-opacity emissions standards
in Secs. 63.211, 63.212 and 63.214 under 40 CFR 61.12(d) of this
chapter. Where these standards reference another subpart, the cited
provisions will be delegated according to the delegation provisions of
the referenced subpart.
(2) [Reserved]
(3) Approval of major alternatives to test methods under 40 CFR
61.13(h) of this chapter and as defined in Sec. 63.90.
(4) Approval of major alternatives to monitoring under 40 CFR
61.14(g) of this chapter and as defined in Sec. 63.90.
(5) Approval of major alternatives to recordkeeping and reporting
under 40 CFR 61.10 of this chapter and as defined in Sec. 63.90.
Sec. 63.217 What definitions apply to this subpart?
Terms used in this subpart are defined in the Clean Air Act; 40 CFR
61.02 of this chapter, the NESHAP General Provisions; 40 CFR 61.61 of
this chapter, the Vinyl Chloride NESHAP; and, Sec. 63.2, in regard to
terms used in Secs. 63.1 and 63.5.
Subpart K [Reserved]
Subpart L--National Emission Standards for Coke Oven Batteries
Source: 58 FR 57911, Oct. 27, 1993, unless otherwise noted.
Sec. 63.300 Applicability.
(a) Unless otherwise specified in Secs. 63.306, 63.307, and 63.311,
the provisions of this subpart apply to existing by-product coke oven
batteries at a coke plant and to existing nonrecovery coke oven
batteries at a coke plant on and after the following dates:
(1) December 31, 1995, for existing by-product coke oven batteries
subject to emission limitations in Sec. 63.302(a)(1) or existing
nonrecovery coke oven batteries subject to emission limitations in
Sec. 63.303(a);
(2) January 1, 2003, for existing by-product coke oven batteries
subject to emission limitations in Sec. 63.302(a)(2);
(3) November 15, 1993, for existing by-product and nonrecovery coke
oven batteries subject to emission limitations in Sec. 63.304(b)(1) or
63.304(c);
(4) January 1, 1998, for existing by-product coke oven batteries
subject to emission limitations in Sec. 63.304(b)(2) or 63.304(b)(7);
and
(5) January 1, 2010, for existing by-product coke oven batteries
subject to emission limitations in Sec. 63.304(b)(3) or 63.304(b)(7).
(b) The provisions for new sources in Secs. 63.302(b), 63.302(c),
and 63.303(b) apply to each greenfield coke oven battery and to each new
or reconstructed coke oven battery at an existing coke plant if the coke
oven battery results in an increase in the design capacity of the coke
plant as of November 15, 1990, (including any capacity qualifying under
Sec. 63.304(b)(6), and the capacity of any coke oven battery subject to
a construction permit on November 15, 1990, which commenced operation
before October 27, 1993.
(c) The provisions of this subpart apply to each brownfield coke
oven battery, each padup rebuild, and each cold-idle coke oven battery
that is restarted.
(d) The provisions of Secs. 63.304(b)(2)(i)(A) and 63.304(b)(3)(i)
[[Page 380]]
apply to each foundry coke producer as follows:
(1) A coke oven battery subject to Sec. 63.304(b)(2)(i)(A) or
Sec. 63.304(b)(3)(i) must be a coke oven battery that on January 1,
1992, was owned or operated by a foundry coke producer; and
(2)(i) A coke oven battery owned or operated by an integrated steel
producer on January 1, 1992, and listed in paragraph (d)(2)(ii) of this
section, that was sold to a foundry coke producer before November 15,
1993, shall be deemed for the purposes of paragraph (d)(1) of this
section to be owned or operated by a foundry coke producer on January 1,
1992.
(ii) The coke oven batteries that may qualify under this provision
are the following:
(A) The coke oven batteries at the Bethlehem Steel Corporation's
Lackawanna, New York facility; and
(B) The coke oven batteries at the Rouge Steel Company's Dearborn,
Michigan facility.
(e) The emission limitations set forth in this subpart shall apply
at all times except during a period of startup, shutdown, or
malfunction. The startup period shall be determined by the Administrator
and shall not exceed 180 days.
(f) After October 28, 1992, rules of general applicability
promulgated under section 112 of the Act, including the General
Provisions, may apply to coke ovens provided that the topic covered by
such a rule is not addressed in this subpart.
Sec. 63.301 Definitions.
Terms used in this subpart are defined in the Act or in this section
as follows:
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 subpart or its designated agent).
Brownfield coke oven battery means a new coke oven battery that
replaces an existing coke oven battery or batteries with no increase in
the design capacity of the coke plant as of November 15, 1990 (including
capacity qualifying under Sec. 63.304(b)(6), and the capacity of any
coke oven battery subject to a construction permit on November 15, 1990,
which commenced operation before October 27, 1993.
Bypass/bleeder stack means a stack, duct, or offtake system that is
opened to the atmosphere and used to relieve excess pressure by venting
raw coke oven gas from the collecting main to the atmosphere from a by-
product coke oven battery, usually during emergency conditions.
By-product coke oven battery means a source consisting of a group of
ovens connected by common walls, where coal undergoes destructive
distillation under positive pressure to produce coke and coke oven gas,
from which by-products are recovered. Coke oven batteries in operation
as of April 1, 1992, are identified in appendix A to this subpart.
Certified observer means a visual emission observer, certified under
(if applicable) Method 303 and Method 9 (if applicable) and employed by
the Administrator, which includes a delegated enforcement agency or its
designated agent. For the purpose of notifying an owner or operator of
the results obtained by a certified observer, the person does not have
to be certified.
Charge or charging period means, for a by-product coke oven battery,
the period of time that commences when coal begins to flow into an oven
through a topside port and ends when the last charging port is recapped.
For a nonrecovery coke oven battery, charge or charging period means the
period of time that commences when coal begins to flow into an oven and
ends when the push side door is replaced.
Coke oven battery means either a by-product or nonrecovery coke oven
battery.
Coke oven door means each end enclosure on the pusher side and the
coking side of an oven. The chuck, or leveler-bar, door is part of the
pusher side door. A coke oven door includes the entire area on the
vertical face of a coke oven between the bench and the top of the
battery between two adjacent buckstays.
Cold-idle coke oven battery means an existing coke oven battery that
has been shut down, but is not dismantled.
Collecting main means any apparatus that is connected to one or more
[[Page 381]]
offtake systems and that provides a passage for conveying gases under
positive pressure from the by-product coke oven battery to the by-
product recovery system.
Collecting main repair means any measure to stop a collecting main
leak on a long-term basis. A repair measure in general is intended to
restore the integrity of the collecting main by returning the main to
approximately its design specifications or its condition before the leak
occurred. A repair measure may include, but is not limited to, replacing
a section of the collecting main or welding the source of the leak.
Consecutive charges means charges observed successively, excluding
any charge during which the observer's view of the charging system or
topside ports is obscured.
Design capacity means the original design capacity of a coke oven
battery, expressed in megagrams per year of furnace coke.
Foundry coke producer means a coke producer that is not and was not
on January 1, 1992, owned or operated by an integrated steel producer
and had on January 1, 1992, an annual design capacity of less than 1.25
million megagrams per year (1.38 million tons per year) (not including
any capacity satisfying the requirements of Sec. 63.300(d)(2) or
Sec. 63.304(b)(6)).
Greenfield coke oven battery means a coke oven battery for which
construction is commenced at a plant site (where no coke oven batteries
previously existed) after December 4, 1992.
Integrated steel producer means a company or corporation that
produces coke, uses the coke in a blast furnace to make iron, and uses
the iron to produce steel. These operations may be performed at
different plant sites within the corporation.
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
caused in part by poor maintenance or careless operation are not
malfunctions.
New shed means a shed for which construction commenced after
September 15, 1992. The shed at Bethlehem Steel Corporation's Bethlehem
plant on Battery A is deemed not to be a new shed.
Nonrecovery coke oven battery means a source consisting of a group
of ovens connected by common walls and operated as a unit, where coal
undergoes destructive distillation under negative pressure to produce
coke, and which is designed for the combustion of the coke oven gas from
which by-products are not recovered.
Offtake system means any individual oven apparatus that is
stationary and provides a passage for gases from an oven to a coke oven
battery collecting main or to another oven. Offtake system components
include the standpipe and standpipe caps, goosenecks, stationary jumper
pipes, mini-standpipes, and standpipe and gooseneck connections.
Oven means a chamber in the coke oven battery in which coal
undergoes destructive distillation to produce coke.
Padup rebuild means a coke oven battery that is a complete
reconstruction of an existing coke oven battery on the same site and pad
without an increase in the design capacity of the coke plant as of
November 15, 1990 (including any capacity qualifying under
Sec. 63.304(b)(6), and the capacity of any coke oven battery subject to
a construction permit on November 15, 1990, which commenced operation
before October 27, 1993. The Administrator may determine that a project
is a padup rebuild if it effectively constitutes a replacement of the
battery above the pad, even if some portion of the brickwork above the
pad is retained.
Pushing, for the purposes of Sec. 63.305, means that coke oven
operation that commences when the pushing ram starts into the oven to
push out coke that has completed the coking cycle and ends when the
quench car is clear of the coke side shed.
Run means the observation of visible emissions from topside port
lids, offtake systems, coke oven doors, or the charging of a coke oven
that is made in accordance with and is valid under Methods 303 or 303A
in appendix A to this part.
Shed means a structure for capturing coke oven emissions on the coke
side or pusher side of the coke oven battery,
[[Page 382]]
which routes the emissions to a control device or system.
Short coke oven battery means a coke oven battery with ovens less
than 6 meters (20 feet) in height.
Shutdown means the operation that commences when pushing has
occurred on the first oven with the intent of pushing the coke out of
all of the ovens in a coke oven battery without adding coal, and ends
when all of the ovens of a coke oven battery are empty of coal or coke.
Standpipe cap means an apparatus used to cover the opening in the
gooseneck of an offtake system.
Startup means that operation that commences when the coal begins to
be added to the first oven of a coke oven battery that either is being
started for the first time or that is being restarted and ends when the
doors have been adjusted for maximum leak reduction and the collecting
main pressure control has been stabilized. Except for the first startup
of a coke oven battery, a startup cannot occur unless a shutdown has
occurred.
Tall coke oven battery means a coke oven battery with ovens 6 meters
(20 feet) or more in height.
Temporary seal means any measure, including but not limited to,
application of luting or packing material, to stop a collecting main
leak until the leak is repaired.
Topside port lid means a cover, removed during charging or
decarbonizing, that is placed over the opening through which coal can be
charged into the oven of a by-product coke oven battery.
[58 FR 57911, Oct. 27, 1993, as amended at 65 FR 62215, Oct. 17, 2000]
Sec. 63.302 Standards for by-product coke oven batteries.
(a) Except as provided in Sec. 63.304 or Sec. 63.305, on and after
the dates specified in this paragraph, no owner or operator shall cause
to be discharged or allow to be discharged to the atmosphere, coke oven
emissions from each affected existing by-product coke oven battery that
exceed any of the following emission limitations or requirements:
(1) On and after December 31, 1995;
(i) For coke oven doors;
(A) 6.0 percent leaking coke oven doors for each tall by-product
coke oven battery, as determined according to the procedures in
Sec. 63.309(d)(1); and
(B) 5.5 percent leaking coke oven doors for each short by-product
coke oven battery, as determined according to the procedures in
Sec. 63.309(d)(1);
(ii) 0.6 percent leaking topside port lids, as determined by the
procedures in Sec. 63.309(d)(1);
(iii) 3.0 percent leaking offtake system(s), as determined by the
procedures in Sec. 63.309(d)(1); and
(iv) 12 seconds of visible emissions per charge, as determined by
the procedures in Sec. 63.309(d)(2).
(2) On and after January 1, 2003, unless the Administrator
promulgates more stringent limits pursuant to section 112(f) of the Act;
(i) 5.5 percent leaking coke oven doors for each tall by-product
coke oven battery, as determined by the procedures in Sec. 63.309(d)(1);
and
(ii) 5.0 percent leaking coke oven doors for each short by-product
coke oven battery, as determined by the procedures in Sec. 63.309(d)(1).
(b) Except as provided in paragraph (c) of this section, no owner or
operator shall cause to be discharged or allow to be discharged to the
atmosphere, coke oven emissions from a by-product coke oven battery
subject to the applicability requirements in Sec. 63.300(b) that exceed
any of the following emission limitations:
(1) 0.0 percent leaking coke oven doors, as determined by the
procedures in Sec. 63.309(d)(1);
(2) 0.0 percent leaking topside port lids, as determined by the
procedures in Sec. 63.309(d)(1);
(3) 0.0 percent leaking offtake system(s), as determined by the
procedures in Sec. 63.309(d)(1); and
(4) 34 seconds of visible emissions per charge, as determined by the
procedures in Sec. 63.309(d)(2).
(c) The emission limitations in paragraph (b) of this section do not
apply to the owner or operator of a by-product coke oven battery that
utilizes a new recovery technology, including but not limited to larger
size ovens, operation under negative pressure, and processes with
emission points different from those regulated under this subpart. An
[[Page 383]]
owner or operator constructing a new by-product coke oven battery or
reconstructing an existing by-product recovery battery that utilizes a
new recovery technology shall:
(1) Notify the Administrator of the intention to do so, as required
in Sec. 63.311(c); and
(2) Submit, for the determination under section 112(g)(2)(B) of the
Act, and as part of the application for permission to construct or
reconstruct, all information and data requested by the Administrator for
the determination of applicable emission limitations and requirements
for that by-product coke oven battery.
(d) Emission limitations and requirements applied to each coke oven
battery utilizing a new recovery technology shall be less than the
following emission limitations or shall result in an overall annual
emissions rate for coke oven emissions for the battery that is lower
than that obtained by the following emission limitations:
(1) 4.0 percent leaking coke oven doors on tall by-product coke oven
batteries, as determined by the procedures in Sec. 63.309(d)(1);
(2) 3.3 percent leaking coke oven doors on short by-product coke
oven batteries, as determined by the procedures in Sec. 63.309(d)(1);
(3) 2.5 percent leaking offtake system(s), as determined by the
procedures in Sec. 63.309(d)(1);
(4) 0.4 percent leaking topside port lids, as determined by the
procedures in Sec. 63.309(d)(1); and
(5) 12 seconds of visible emissions per charge, as determined by the
procedures in Sec. 63.309(d)(2).
Sec. 63.303 Standards for nonrecovery coke oven batteries.
(a) Except as provided in Sec. 63.304, on and after December 31,
1995, no owner or operator shall cause to be discharged or allow to be
discharged to the atmosphere coke oven emissions from each affected
existing nonrecovery coke oven battery that exceed any of the following
emission limitations or requirements:
(1) For coke oven doors;
(i) 0.0 percent leaking coke oven doors, as determined by the
procedures in Sec. 63.309(d)(1); or
(ii) The owner or operator shall monitor and record, once per day
for each day of operation, the pressure in each oven or in a common
battery tunnel to ensure that the ovens are operated under a negative
pressure.
(2) For charging operations, the owner or operator shall implement,
for each day of operation, the work practices specified in
Sec. 63.306(b)(6) and record the performance of the work practices as
required in Sec. 63.306(b)(7).
(b) No owner or operator shall cause to be discharged or allow to be
discharged to the atmosphere coke oven emissions from each affected new
nonrecovery coke oven battery subject to the applicability requirements
in Sec. 63.300(b) that exceed any of the following emission limitations
or requirements:
(1) For coke oven doors;
(i) 0.0 percent leaking coke oven doors, as determined by the
procedures in Sec. 63.309(d)(1); or
(ii) The owner or operator shall monitor and record, once per day
for each day of operation, the pressure in each oven or in a common
battery tunnel to ensure that the ovens are operated under a negative
pressure;
(2) For charging operations, the owner or operator shall install,
operate, and maintain an emission control system for the capture and
collection of emissions in a manner consistent with good air pollution
control practices for minimizing emissions from the charging operation;
(3) 0.0 percent leaking topside port lids, as determined by the
procedures in Sec. 63.309(d)(1) (if applicable to the new nonrecovery
coke oven battery); and
(4) 0.0 percent leaking offtake system(s), as determined by the
procedures in Sec. 63.309(d)(1) (if applicable to the new nonrecovery
coke oven battery).
Sec. 63.304 Standards for compliance date extension.
(a) An owner or operator of an existing coke oven battery (including
a cold-idle coke oven battery), a padup rebuild, or a brownfield coke
oven battery, may elect an extension of the compliance date for emission
limits to be promulgated pursuant to section
[[Page 384]]
112(f) of the Act in accordance with section 112(i)(8). To receive an
extension of the compliance date from January 1, 2003, until January 1,
2020, the owner or operator shall notify the Administrator as described
in Sec. 63.311(c) that the battery will comply with the emission
limitations and requirements in this section in lieu of the applicable
emission limitations in Sec. 63.302 or 63.303.
(b) Except as provided in paragraphs (b)(4), (b)(5), and (b)(7) of
this section and in Sec. 63.305, on and after the dates specified in
this paragraph, no owner or operator shall cause to be discharged or
allow to be discharged to the atmosphere coke oven emissions from a by-
product coke oven battery that exceed any of the following emission
limitations:
(1) On and after November 15, 1993;
(i) 7.0 percent leaking coke oven doors, as determined by the
procedures in Sec. 63.309(d)(1);
(ii) 0.83 percent leaking topside port lids, as determined by the
procedures in Sec. 63.309(d)(1);
(iii) 4.2 percent leaking offtake system(s), as determined by the
procedures in Sec. 63.309(d)(1); and
(iv) 12 seconds of visible emissions per charge, as determined by
the procedures in Sec. 63.309(d)(2).
(2) On and after January 1, 1998;
(i) For coke oven doors:
(A) 4.3 percent leaking coke oven doors for each tall by-product
coke oven battery and for each by-product coke oven battery owned or
operated by a foundry coke producer, as determined by the procedures in
Sec. 63.309(d)(1); and
(B) 3.8 percent leaking coke oven doors on each by-product coke oven
battery not subject to the emission limitation in paragraph (b)(2)(i)(A)
of this section, as determined by the procedures in Sec. 63.309(d)(1);
(ii) 0.4 percent leaking topside port lids, as determined by the
procedures in Sec. 63.309(d)(1);
(iii) 2.5 percent leaking offtake system(s), as determined by the
procedures in Sec. 63.309(d)(1); and
(iv) 12 seconds of visible emissions per charge, as determined by
the procedures in Sec. 63.309(d)(2).
(3) On and after January 1, 2010, unless the Administrator
promulgates more stringent limits pursuant to section 112(i)(8)(C) of
the Act;
(i) 4.0 percent leaking coke oven doors on each tall by-product coke
oven battery and for each by-product coke oven battery owned or operated
by a foundry coke producer, as determined by the procedures in
Sec. 63.309(d)(1); and
(ii) 3.3 percent leaking coke oven doors for each by-product coke
oven battery not subject to the emission limitation in paragraph
(b)(3)(i) of this section, as determined by the procedures in
Sec. 63.309(d)(1).
(4) No owner or operator shall cause to be discharged or allow to be
discharged to the atmosphere coke oven emissions from a brownfield or
padup rebuild by-product coke oven battery, other than those specified
in paragraph (b)(4)(v) of this section, that exceed any of the following
emission limitations:
(i) For coke oven doors;
(A) 4.0 percent leaking coke oven doors for each tall by-product
coke oven battery, as determined by the procedures in Sec. 63.309(d)(1);
and
(B) 3.3 percent leaking coke oven doors on each short by-product
coke oven battery, as determined by the procedures in Sec. 63.309(d)(1);
(ii) 0.4 percent leaking topside port lids, as determined by the
procedures in Sec. 63.309(d)(1);
(iii) 2.5 percent leaking offtake system(s), as determined by the
procedures in Sec. 63.309(d)(1); and
(iv) 12 seconds of visible emissions per charge, as determined by
the procedures in Sec. 63.309(d)(2).
(v) The requirements of paragraph (b)(4) of this section shall not
apply and the requirements of paragraphs (b)(1), (b)(2), and (b)(3) of
this section do apply to the following brownfield or padup rebuild coke
oven batteries:
(A) Bethlehem Steel-Burns Harbor, Battery No. 2;
(B) National Steel-Great Lakes, Battery No. 4; and
(C) Koppers-Woodward, Battery No. 3.
(vi) To retain the exclusion provided in paragraph (b)(4)(v) of this
section, a coke oven battery specified in paragraph (b)(4)(v) of this
section shall commence construction not later than
[[Page 385]]
July 1, 1996, or 1 year after obtaining a construction permit, whichever
is earlier.
(5) The owner or operator of a cold-idle coke oven battery that shut
down on or after November 15, 1990, shall comply with the following
emission limitations:
(i) For a brownfield coke oven battery or a padup rebuild coke oven
battery, coke oven emissions shall not exceed the emission limitations
in paragraph (b)(4) of this section; and
(ii) For a cold-idle battery other than a brownfield or padup
rebuild coke oven battery, coke oven emissions shall not exceed the
emission limitations in paragraphs (b)(1) through (b)(3) of this
section.
(6) The owner or operator of a cold-idle coke oven battery that shut
down prior to November 15, 1990, shall submit a written request to the
Administrator to include the battery in the design capacity of a coke
plant as of November 15, 1990. A copy of the request shall also be sent
to Director, Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Research Triangle Park, NC 27711. The
Administrator will review and approve or disapprove a request according
to the following procedures:
(i) Requests will be reviewed for completeness in the order
received. A complete request shall include:
(A) Battery identification;
(B) Design information, including the design capacity and number and
size of ovens; and
(C) A brief description of the owner or operator's plans for the
cold-idle battery, including a statement whether construction of a padup
rebuild or a brownfield coke oven battery is contemplated.
(ii) A complete request shall be approved if the design capacity of
the battery and the design capacity of all previous approvals does not
exceed the capacity limit in paragraph (b)(6)(iii) of this section.
(iii) The total nationwide coke capacity of coke oven batteries that
receive approval under paragraph (b)(6) of this section shall not exceed
2.7 million Mg/yr (3.0 million ton/yr).
(iv) If a construction permit is required, an approval shall lapse
if a construction permit is not issued within 3 years of the approval
date, or if the construction permit lapses.
(v) If a construction permit is not required, an approval will lapse
if the battery is not restarted within 2 years of the approval date.
The owner or operator of a by-product coke oven battery with fewer than
30 ovens may elect to comply with an emission limitation of 2 or fewer
leaking coke oven doors, as determined by the procedures in
Sec. 63.309(d)(4), as an alternative to the emission limitation for coke
oven doors in paragraphs (b)(2)(i), (b)(3) (i) through (ii), (b)(4)(i),
(b)(5), and (b)(6) of this section.
(c) On and after November 15, 1993, no owner or operator shall cause
to be discharged or allow to be discharged to the atmosphere coke oven
emissions from an existing nonrecovery coke oven battery that exceed any
of the emission limitations or requirements in Sec. 63.303(a).
(d) Each owner or operator of an existing coke oven battery
qualifying for a compliance date extension pursuant to this section
shall make available, no later than January 1, 2000, to the surrounding
communities the results of any risk assessment performed by the
Administrator to determine the appropriate level of any emission
standard established by the Administrator according to section 112(f) of
the Act.
[58 FR 57911, Oct. 27, 1993, as amended at 65 FR 62215, Oct. 17, 2000]
Sec. 63.305 Alternative standards for coke oven doors equipped with sheds.
(a) The owner or operator of a new or existing coke oven battery
equipped with a shed for the capture of coke oven emissions from coke
oven doors and an emission control device for the collection of the
emissions may comply with an alternative to the applicable visible
emission limitations for coke oven doors in Secs. 63.302 and 63.304
according to the procedures and requirements in this section.
(b) To qualify for approval of an alternative standard, the owner or
operator shall submit to the Administrator a test plan for the
measurement of emissions. A copy of the request shall also be sent to
the Director, Office of
[[Page 386]]
Air Quality Planning and Standards, U.S. Environmental Protection
Agency, Research Triangle Park, NC 27711. The plan shall describe the
procedures to be used for the measurement of particulate matter; the
parameters to be measured that affect the shed exhaust rate (e.g.,
damper settings, fan power) and the procedures for measuring such
parameters; and if applicable under paragraph (c)(5)(ii) of this
section, the procedures to be used for the measurement of benzene
soluble organics, benzene, toluene, and xylene emitted from the control
device for the shed. The owner or operator shall notify the
Administrator at least 30 days before any performance test is conducted.
(c) A complete test plan is deemed approved if no disapproval is
received within 60 days of the submittal to the Administrator. After
approval of the test plan, the owner or operator shall;
(1) Determine the efficiency of the control device for removal of
particulate matter by conducting measurements at the inlet and the
outlet of the emission control device using Method 5 in appendix A to
part 60 of this chapter, with the filter box operated at ambient
temperature and in a manner to avoid condensation, with a backup filter;
(2) Measure the visible emissions from coke oven doors that escape
capture by the shed using Method 22 in appendix A to part 60 of this
chapter. For the purpose of approval of an alternative standard, no
visible emissions may escape capture from the shed.
(i) Visible emission observations shall be taken during conditions
representative of normal operations, except that pushing shall be
suspended and pushing emissions shall have cleared the shed; and
(ii) Method 22 observations shall be performed by an observer
certified according to the requirements of Method 9 in appendix A to
part 60 of this chapter. The observer shall allow pushing emissions to
be evacuated (typically 1 to 2 minutes) before making observations;
(3) Measure the opacity of emissions from the control device using
Method 9 in appendix A to part 60 of this chapter during conditions
representative of normal operations, including pushing; and
(i) If the control device has multiple stacks, the owner or operator
shall use an evaluation based on visible emissions and opacity to select
the stack with the highest opacity for testing under this section;
(ii) The highest opacity, expressed as a 6-minute average, shall be
used as the opacity standard for the control device.
(4) Thoroughly inspect all compartments of each air cleaning device
prior to the performance test for proper operation and for changes that
signal the potential for malfunction, including the presence of tears,
holes, and abrasions in filter bags; damaged seals; and for dust
deposits on the clean side of bags; and
(5) Determine the allowable percent leaking doors under the shed
using either of the following procedures:
(i) Calculate the allowable percent leaking doors using the
following equation:
[GRAPHIC] [TIFF OMITTED] TR27OC93.000
where
PLD=Allowable percent leaking doors for alternative standard.
PLDstd=Applicable visible emission limitation of percent
leaking doors under this subpart that would otherwise apply to the
coke oven battery, converted to the single-run limit according to
Table 1.
eff=Percent control efficiency for particulate matter for emission
control device as determined according to paragraph (c)(1) of this
section.
Table 1--Conversion to Single-Run Limit
------------------------------------------------------------------------
Single-
pass
limit
30-run limit (98
percent
level)
------------------------------------------------------------------------
7.0........................................................... 11.0
6.0........................................................... 9.5
5.5........................................................... 8.7
5.0........................................................... 8.1
4.3........................................................... 7.2
4.0........................................................... 6.7
3.8........................................................... 6.4
3.3........................................................... 5.8
------------------------------------------------------------------------
or;
[[Page 387]]
(ii) Calculate the allowable percent leaking doors using the
following procedures:
(A) Measure the total emission rate of benzene, toluene, and xylene
exiting the control device using Method 18 in appendix A to part 60 of
this chapter and the emission rate of benzene soluble organics entering
the control device as described in the test plan submitted pursuant to
paragraph (b) of this section; or
(B) Measure benzene, toluene, xylene, and benzene soluble organics
in the gas in the collector main as described in the test plan submitted
pursuant to paragraph (b) of this section; and
(C) Calculate the ratio (R) of benzene, toluene, and xylene to
benzene soluble organics for the gas in the collector main, or as the
sum of the outlet emission rates of benzene, toluene, and xylene,
divided by the emission rate of benzene soluble organics as measured at
the inlet to the control device; and
(D) Calculate the allowable percent leaking doors limit under the
shed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR27OC93.001
where
R=Ratio of measured emissions of benzene, toluene, and xylene to
measured emissions of benzene soluble organics.
(iii) If the allowable percent leaking coke oven doors is calculated
to exceed 15 percent leaking coke oven doors under paragraphs (c)(5)(i)
or (c)(5)(ii) of this section, the owner or operator shall use 15
percent leaking coke oven doors for the purposes of this section.
(6) Monitor the parameters that affect the shed exhaust flow rate.
(7) The owner or operator may request alternative sampling
procedures to those specified in paragraph (c)(5)(ii) (A) and (B) of
this section by submitting details on the procedures and the rationale
for their use to the Administrator. Alternative procedures shall not be
used without approval from the Administrator.
(8) The owner or operator shall inform the Administrator of the
schedule for conducting testing under the approved test plan and give
the Administrator the opportunity to observe the tests.
(d) After calculating the alternative standard for allowable percent
leaking coke oven doors, the owner or operator shall submit the
following information to the Administrator:
(1) Identity of the coke oven battery;
(2) Visible emission limitation(s) for percent leaking doors
currently applicable to the coke oven battery under this subpart and
known future limitations for percent leaking coke oven doors;
(3) A written report including:
(i) Appropriate measurements and calculations used to derive the
allowable percent leaking coke oven doors requested as the alternative
standard;
(ii) Appropriate visible emission observations for the shed and
opacity observations for the control device for the shed, including an
alternative opacity standard, if applicable, as described in paragraph
(c)(3) of this section based on the highest 6-minute average; and
(iii) The parameter or parameters (e.g., fan power, damper position,
or other) to be monitored and recorded to demonstrate that the exhaust
flow rate measured during the test required by paragraph (c)(1) of this
section is maintained, and the monitoring plan for such parameter(s).
(iv) If the application is for a new shed, one of the following
demonstrations:
(A) A demonstration, using modeling procedures acceptable to the
Administrator, that the expected concentrations of particulate emissions
(including benzene soluble organics) under the shed at the bench level,
when the proposed alternative standard was being met, would not exceed
the expected concentrations of particulate emissions (including benzene
soluble organics) if the shed were not present, the regulations under
this subpart were met, and the battery was in compliance with federally
enforceable limitations on pushing emissions; or
(B) A demonstration that the shed (including the evacuation system)
has been designed in accordance with generally accepted engineering
principles for the effective capture and control of
[[Page 388]]
particulate emissions (including benzene soluble organics) as measured
at the shed's perimeter, its control device, and at the bench level.
(e) The Administrator will review the information and data submitted
according to paragraph (d) of this section and may request additional
information and data within 60 days of receipt of a complete request.
(1) Except for applications subject to paragraph (e)(3) of this
section, the Administrator shall approve or disapprove an alternative
standard as expeditiously as practicable. The Administrator shall
approve an alternative standard, unless the Administrator determines
that the approved test plan has not been followed, or any required
calculations are incorrect, or any demonstration required under
paragraph (d)(3)(iv) of this section does not satisfy the applicable
criteria under that paragraph. If the alternative standard is
disapproved, the Administrator will issue a written notification to the
owner or operator within the 60-day period.
(2) The owner or operator shall comply with the applicable visible
emission limitation for coke oven doors and all other requirements in
this subpart prior to approval of an alternative standard. The owner or
operator may apply for an alternative standard at any time after
December 4, 1992.
(3) An application for an alternative standard to the standard in
Sec. 63.304(b)(1)(i) for any shed that is not a new shed that is filed
on or before June 15, 1993, is deemed approved if a notice of
disapproval has not been received 60 days after submission of a complete
request. An approval under paragraph (e)(3) of this section shall be
valid for a period of 1 year.
(4) Notwithstanding the provisions of paragraph (e) of this section,
no alternative standard shall be approved that exceeds 15 percent
leaking coke oven doors (yard equivalent).
(f) After approval of an alternative standard, the owner or operator
shall comply with the following requirements:
(1) The owner or operator shall not discharge or allow to be
discharged to the atmosphere coke oven emissions from coke oven doors
under sheds that exceed an approved alternative standard for percent
leaking coke oven doors under sheds.
(i) All visible emission observations for compliance determinations
shall be performed by a certified observer.
(ii) Compliance with the alternative standard for doors shall be
determined by a weekly performance test conducted according to the
procedures and requirements in Sec. 63.309(d)(5) and Method 303 in
appendix A to this part.
(iii) If the visible emission limitation is achieved for 12
consecutive observations, compliance shall be determined by monthly
rather than weekly performance tests. If any exceedance occurs during a
performance test, weekly performance tests shall be resumed.
(iv) Observations taken at times other than those specified in
paragraphs (f)(1)(ii) and (f)(1)(iii) of this section shall be subject
to the provisions of Sec. 63.309(f).
(2) The certified observer shall monitor the visible coke oven
emissions escaping capture by the shed on a weekly basis. The provision
in paragraph (f)(6) of this section is applicable if visible coke oven
emissions are observed during periods when pushing emissions have
cleared the shed.
(3) The owner or operator shall not discharge or allow to be
discharged to the atmosphere any visible emissions from the shed's
control device exhibiting more than 0 percent opacity unless an
alternative limit has been approved under paragraph (e) of this section.
(4) The opacity of emissions from the control device for the shed
shall be monitored in accordance with the requirements of either
paragraph (f)(4)(i) or (f)(4)(ii) of this section, at the election of
the owner or operator.
(i) The owner or operator shall install, operate, and maintain a
continuous opacity monitor, and record the output of the system, for the
measurement of the opacity of emissions discharged from the emission
control system.
(A) Each continuous opacity monitoring system shall meet the
requirements of Performance Specification 1 in appendix B to part 60 of
this chapter; and
[[Page 389]]
(B) Each continuous opacity monitoring system shall be operated,
calibrated, and maintained according to the procedures and requirements
specified in part 52 of this chapter; or
(ii) A certified observer shall monitor and record at least once
each day during daylight hours, opacity observations for the control
device for the shed using Method 9 in appendix A to part 60 of this
chapter.
(5) The owner or operator shall visually inspect the structural
integrity of the shed at least once a quarter for defects, such as
deterioration of sheet metal (e.g., holes in the shed), that may allow
the escape of visible emissions.
(i) The owner or operator shall record the time and date a defect is
first observed, the time and date the defect is corrected or repaired,
and a brief description of repairs or corrective actions taken;
(ii) The owner or operator shall temporarily repair the defect as
soon as possible, but no later than 5 days after detection of the
defect;
(iii) Unless a major repair is required, the owner or operator shall
perform a complete repair of the defect within 15 days of detection of
the defect. If a major repair is required (e.g., replacement of large
sections of the shed), the owner or operator shall submit a repair
schedule to the enforcement agency.
(6) If the no visible emission limit for the shed specified in
paragraph (f)(2) of this section is exceeded, the Administrator may
require another test for the shed according to the approved test plan as
specified in paragraph (c) of this section. If the certified observer
observes visible coke oven emissions from the shed, except during
periods of pushing or when pushing emissions have not cleared the shed,
the owner or operator shall check to ensure that the shed and control
device are working properly.
(7) The owner or operator shall monitor the parameter(s) affecting
shed exhaust flow rate, and record data, in accordance with the approved
monitoring plan for these parameters.
(8) The owner or operator shall not operate the exhaust system of
the shed at an exhaust flow rate lower than that measured during the
test required under paragraph (c)(1) of this section, as indicated by
the monitored parameters.
(g) Each side of a battery subject to an alternative standard for
doors under this section shall be treated separately for purposes of
Secs. 63.306(c) (plan implementation) and 63.306(d) (plan revisions) of
this subpart. In making determinations under these provisions for the
side of the battery subject to an alternative standard, the requirement
that exceedances be independent shall not apply. During any period when
work practices for doors for both sides of the battery are required to
be implemented, Sec. 63.306(a)(3) shall apply in the same manner as if
the provisions of a plan for a single emissions point were required to
be implemented. Exceedances of the alternative standard for percent
leaking doors under a shed is the only provision in this section
implicating implementation of work practice requirements.
(h) Multiple exceedances of the visible emission limitation for door
leaks and/or the provisions of an alternative standard under this
section for door leaks at a battery on a single day shall be considered
a single violation.
Sec. 63.306 Work practice standards.
(a) Work practice plan. On or before November 15, 1993, each owner
or operator shall prepare and submit to the Administrator a written
emission control work practice plan for each coke oven battery. The plan
shall be designed to achieve compliance with visible emission
limitations for coke oven doors, topside port lids, offtake systems, and
charging operations under this subpart or, for a coke oven battery not
subject to visible emission limitations under this subpart, other
federally enforceable visible emission limitations for these emission
points.
(1) The work practice plan must address each of the topics specified
in paragraph (b) of this section in sufficient detail and with
sufficient specificity to allow the Administrator to evaluate the plan
for completeness and enforceability.
(2) The Administrator may require revisions to the initial plan only
where the Administrator finds either that the plan does not address each
subject area
[[Page 390]]
listed in paragraph (b) of this section for each emission point subject
to a visible emission standard under this subpart, or that the plan is
unenforceable because it contains requirements that are unclear.
(3) During any period of time that an owner or operator is required
to implement the provisions of a plan for a particular emission point,
the failure to implement one or more obligations under the plan and/or
any recordkeeping requirement(s) under Sec. 63.311(f)(4) for the
emission point during a particular day is a single violation.
(b) Plan components. The owner or operator shall organize the work
practice plan to indicate clearly which parts of the plan pertain to
each emission point subject to visible emission standards under this
subpart. Each of the following provisions, at a minimum, shall be
addressed in the plan:
(1) An initial and refresher training program for all coke plant
operating personnel with responsibilities that impact emissions,
including contractors, in job requirements related to emission control
and the requirements of this subpart, including work practice
requirements. Contractors with responsibilities that impact emission
control may be trained by the owner or operator or by qualified
contractor personnel; however, the owner or operator shall ensure that
the contractor training program complies with the requirements of this
section. The training program in the plan must include:
(i) A list, by job title, of all personnel that are required to be
trained and the emission point(s) associated with each job title;
(ii) An outline of the subjects to be covered in the initial and
refresher training for each group of personnel;
(iii) A description of the training method(s) that will be used
(e.g., lecture, video tape);
(iv) A statement of the duration of initial training and the
duration and frequency of refresher training;
(v) A description of the methods to be used at the completion of
initial or refresher training to demonstrate and document successful
completion of the initial and refresher training; and
(vi) A description of the procedure to be used to document
performance of plan requirements pertaining to daily operation of the
coke oven battery and its emission control equipment, including a copy
of the form to be used, if applicable, as required under the plan
provisions implementing paragraph (b)(7) of this section.
(2) Procedures for controlling emissions from coke oven doors on by-
product coke oven batteries, including:
(i) A program for the inspection, adjustment, repair, and
replacement of coke oven doors and jambs, and any other equipment for
controlling emissions from coke oven doors, including a defined
frequency of inspections, the method to be used to evaluate conformance
with operating specifications for each type of equipment, and the method
to be used to audit the effectiveness of the inspection and repair
program for preventing exceedances;
(ii) Procedures for identifying leaks that indicate a failure of the
emissions control equipment to function properly, including a clearly
defined chain of command for communicating information on leaks and
procedures for corrective action;
(iii) Procedures for cleaning all sealing surfaces of each door and
jamb, including identification of the equipment that will be used and a
specified schedule or frequency for the cleaning of sealing surfaces;
(iv) For batteries equipped with self-sealing doors, procedures for
use of supplemental gasketing and luting materials, if the owner or
operator elects to use such procedures as part of the program to prevent
exceedances;
(v) For batteries equipped with hand-luted doors, procedures for
luting and reluting, as necessary to prevent exceedances;
(vi) Procedures for maintaining an adequate inventory of the number
of spare coke oven doors and jambs located onsite; and
(vii) Procedures for monitoring and controlling collecting main back
pressure, including corrective action if pressure control problems
occur.
(3) Procedures for controlling emissions from charging operations on
by-product coke oven batteries, including:
[[Page 391]]
(i) Procedures for equipment inspection, including the frequency of
inspections, and replacement or repair of equipment for controlling
emissions from charging, the method to be used to evaluate conformance
with operating specifications for each type of equipment, and the method
to be used to audit the effectiveness of the inspection and repair
program for preventing exceedances;
(ii) Procedures for ensuring that the larry car hoppers are filled
properly with coal;
(iii) Procedures for the alignment of the larry car over the oven to
be charged;
(iv) Procedures for filling the oven (e.g., procedures for staged or
sequential charging);
(v) Procedures for ensuring that the coal is leveled properly in the
oven; and
(vi) Procedures and schedules for inspection and cleaning of offtake
systems (including standpipes, standpipe caps, goosenecks, dampers, and
mains), oven roofs, charging holes, topside port lids, the steam supply
system, and liquor sprays.
(4) Procedures for controlling emissions from topside port lids on
by-product coke oven batteries, including:
(i) Procedures for equipment inspection and replacement or repair of
topside port lids and port lid mating and sealing surfaces, including
the frequency of inspections, the method to be used to evaluate
conformance with operating specifications for each type of equipment,
and the method to be used to audit the effectiveness of the inspection
and repair program for preventing exceedances; and
(ii) Procedures for sealing topside port lids after charging, for
identifying topside port lids that leak, and procedures for resealing.
(5) Procedures for controlling emissions from offtake system(s) on
by-product coke oven batteries, including:
(i) Procedures for equipment inspection and replacement or repair of
offtake system components, including the frequency of inspections, the
method to be used to evaluate conformance with operating specifications
for each type of equipment, and the method to be used to audit the
effectiveness of the inspection and repair program for preventing
exceedances;
(ii) Procedures for identifying offtake system components that leak
and procedures for sealing leaks that are detected; and
(iii) Procedures for dampering off ovens prior to a push.
(6) Procedures for controlling emissions from nonrecovery coke oven
batteries including:
(i) Procedures for charging coal into the oven, including any
special procedures for minimizing air infiltration during charging,
maximizing the draft on the oven, and for replacing the door promptly
after charging;
(ii) If applicable, procedures for the capture and control of
charging emissions;
(iii) Procedures for cleaning coke from the door sill area for both
sides of the battery after completing the pushing operation and before
replacing the coke oven door;
(iv) Procedures for cleaning coal from the door sill area after
charging and before replacing the push side door;
(v) Procedures for filling gaps around the door perimeter with
sealant material, if applicable; and
(vi) Procedures for detecting and controlling emissions from
smoldering coal.
(7) Procedures for maintaining, for each emission point subject to
visible emission limitations under this subpart, a daily record of the
performance of plan requirements pertaining to the daily operation of
the coke oven battery and its emission control equipment, including:
(i) Procedures for recording the performance of such plan
requirements; and
(ii) Procedures for certifying the accuracy of such records by the
owner or operator.
(8) Any additional work practices or requirements specified by the
Administrator according to paragraph (d) of this section.
(c) Implementation of work practice plans. On and after November 15,
1993, the owner or operator of a coke oven battery shall implement the
provisions of the coke oven emission control work practice plan
according to the following requirements:
[[Page 392]]
(1) The owner or operator of a coke oven battery subject to visible
emission limitations under this subpart on and after November 15, 1993,
shall:
(i) Implement the provisions of the work practice plan pertaining to
a particular emission point following the second independent exceedance
of the visible emission limitation for the emission point in any
consecutive 6-month period, by no later than 3 days after receipt of
written notification of the second such exceedance from the certified
observer. For the purpose of this paragraph (c)(1)(i), the second
exceedance is ``independent'' if either of the following criteria is
met:
(A) The second exceedance occurs 30 days or more after the first
exceedance;
(B) In the case of coke oven doors, topside port lids, and offtake
systems, the 29-run average, calculated by excluding the highest value
in the 30-day period, exceeds the value of the applicable emission
limitation; or
(C) In the case of charging emissions, the 29-day logarithmic
average, calculated in accordance with Method 303 in appendix A to this
part by excluding the valid daily set of observations in the 30-day
period that had the highest arithmetic average, exceeds the value of the
applicable emission limitation.
(ii) Continue to implement such plan provisions until the visible
emission limitation for the emission point is achieved for 90
consecutive days if work practice requirements are implemented pursuant
to paragraph (c)(1)(i) of this section. After the visible emission
limitation for a particular emission point is achieved for 90
consecutive days, any exceedances prior to the beginning of the 90 days
are not included in making a determination under paragraph (c)(1)(i) of
this section.
(2) The owner or operator of a coke oven battery not subject to
visible emission limitations under this subpart until December 31, 1995,
shall:
(i) Implement the provisions of the work practice plan pertaining to
a particular emission point following the second exceedance in any
consecutive 6-month period of a federally enforceable emission
limitation for that emission point for coke oven doors, topside port
lids, offtake systems, or charging operations by no later than 3 days
after receipt of written notification from the applicable enforcement
agency; and
(ii) Continue to implement such plan provisions for 90 consecutive
days after the most recent written notification from the enforcement
agency of an exceedance of the visible emission limitation.
(d) Revisions to plan. Revisions to the work practice emission
control plan will be governed by the provisions in this paragraph (d)
and in paragraph (a)(2) of this section.
(1) The Administrator may request the owner or operator to review
and revise as needed the work practice emission control plan for a
particular emission point if there are 2 exceedances of the applicable
visible emission limitation in the 6-month period that starts 30 days
after the owner or operator is required to implement work practices
under paragraph (c) of this section. In the case of a coke oven battery
subject to visual emission limitations under this subpart, the second
exceedance must be independent under the criteria in paragraph (c)(1)(i)
of this section.
(2) The Administrator may not request the owner or operator to
review and revise the plan more than twice in any 12 consecutive month
period for any particular emission point unless the Administrator
disapproves the plan according to the provisions in paragraph (d)(6) of
this section.
(3) If the certified observer calculates that a second exceedance
(or, if applicable, a second independent exceedance) has occurred, the
certified observer shall notify the owner or operator. No later than 10
days after receipt of such a notification, the owner or operator shall
notify the Administrator of any finding of whether work practices are
related to the cause or the solution of the problem. This notification
is subject to review by the Administrator according to the provisions in
paragraph (d)(6) of this section.
(4) The owner or operator shall submit a revised work practice plan
within 60 days of notification from the Administrator under paragraph
(d)(1) of this section, unless the Administrator grants an extension of
time to submit the revised plan.
[[Page 393]]
(5) If the Administrator requires a plan revision, the Administrator
may require the plan to address a subject area or areas in addition to
those in paragraph (b) of this section, if the Administrator determines
that without plan coverage of such an additional subject area, there is
a reasonable probability of further exceedances of the visible emission
limitation for the emission point for which a plan revision is required.
(6) The Administrator may disapprove a plan revision required under
paragraph (d) of this section if the Administrator determines that the
revised plan is inadequate to prevent exceedances of the visible
emission limitation under this subpart for the emission point for which
a plan revision is required or, in the case of a battery not subject to
visual emission limitations under this subpart, other federally
enforceable emission limitations for such emission point. The
Administrator may also disapprove the finding that may be submitted
pursuant to paragraph (d)(3) of this section if the Administrator
determines that a revised plan is needed to prevent exceedances of the
applicable visible emission limitations.
Effective Date Note: At 68 FR 37345, June 23, 2003, Sec. 63.306 was
amended by revising paragraphs (a) introductory text, (1), (2) and (d)
effective August 22, 2003. For the convenience of the user, the revised
text is set forth as follows:
Sec. 63.306 Work practice standards.
(a) Work practice plan. On or before November 15, 1993, each owner
or operator shall prepare and submit a written emission control work
practice plan for each coke oven battery. The plan shall be designed to
achieve compliance with visible emission limitations for coke oven
doors, topside port lids, offtake systems, and charging operations under
this subpart, or, for a coke oven battery not subject to visible
emission limitations under this subpart, other federally enforceable
visible emission limitations for these emission points.
(1) The work practice plan must address each of the topics specified
in paragraph (b) of this section in sufficient detail and with
sufficient specificity to allow the reviewing authority to evaluate the
plan for completeness and enforceability.
(2) The initial plan and any revisions shall be submitted to the
Administrator or the delegated State, local, or Tribal authority. The
Administrator (or delegated State, local, or Tribal authority) may
require revisions to the initial plan only where the Administrator (or
delegated State, local, or Tribal authority) finds either that the plan
does not address each subject area listed in paragraph (b) of this
section for each emission point subject to a visible emission standard
under this subpart, or that the plan in unenforceable because it
contains requirements that are unclear.
* * * * *
(d) Revisions to plan. Revisions to the work practice emission
control plan will be governed by the provisions in this paragraph (d)
and in paragraph (a)(2) of this section. The reviewing authority is the
Administrator or the delegated State, local, or Tribal authority.
(1) The reviewing authority may request the owner or operator to
review and revise as needed the work practice emission control plan for
a particular emission point if there are 2 exceedances of the applicable
visible emission limitation in the 6-month period that starts 30 days
after the owner or operator is required to implement work practices
under paragraph (c) of this section. In the case of a coke oven battery
subject to visual emission limitations under this subpart, the second
exceedance must be independent of the criteria in paragraph (c)(1)((i)
of this section.
(2) The reviewing authority may not request the owner or operator to
review and revise the plan more than twice in any 12 consecutive month
period for any particular emission point unless the reviewing authority
disapproves the plan according to the provisions in paragraph (d)(6) of
this section.
(3) If the certified observer calculates that a second exceedance
(or, if applicable, a second independent exceedance) has occurred, the
certified observer shall notify the owner or operator. No later than 10
days after receipt of such a notification, the owner or operator shall
notify the reviewing authority of any finding of whether work practices
are related to the cause or the solution of the problem. The
notification is subject to review by the reviewing authority according
to the provisions in paragraph (d)(6) of this section.
(4) The owner or operator shall submit a revised work practice plan
within 60 days of notification from the reviewing authority under
paragraph (d)(1) of this section, unless the reviewing authority grants
an extension of time to submit the revised plan.
(5) If the reviewing authority requires a plan revision, the
reviewing authority may require the plan to address a subject area or
areas in addition to those in paragraph (b) of this section, if the
reviewing authority determines that without plan coverage of such
[[Page 394]]
an additional subject area, there is a reasonable probability of further
exceedances of the visible emission limitation for the emission point
for which a plan revision is required.
(6) The reviewing authority may disapprove a plan revision required
under paragraph (d) of this section if the reviewing authority
determines that the revised plan is inadequate to prevent exceedances of
the visible emission limitation under this subpart for the emission
point for which a plan revision is required or, in the case of a battery
not subject to visual emission limitations under this subpart, other
federally enforceable emission limitations for such emission point. The
reviewing authority may also disapprove the finding that may be
submitted pursuant to paragraph (d)(3) of this section if the reviewing
authority determines that a revised plan is needed to prevent
exceedances of the applicable visible emission limitations.
Sec. 63.307 Standards for bypass/bleeder stacks.
(a)(1) Except as otherwise provided in this section, on or before
March 31, 1994, the owner or operator of an existing by-product recovery
battery for which a notification was not submitted under paragraph
(e)(1) of this section shall install a bypass/bleeder stack flare system
that is capable of controlling 120 percent of the normal gas flow
generated by the battery, which shall thereafter be operated and
maintained.
(2) Coke oven emissions shall not be vented to the atmosphere
through bypass/bleeder stacks, except through the flare system or the
alternative control device as described in paragraph (d) of this
section.
(3) The owner or operator of a brownfield coke oven battery or a
padup rebuild shall install such a flare system before startup, and
shall properly operate and maintain the flare system.
(b) Each flare installed pursuant to this section shall meet the
following requirements:
(1) Each flare shall be designed for a net heating value of 8.9 MJ/
scm (240 Btu/scf) if a flare is steam-assisted or air-assisted, or a net
value of 7.45 MJ/scm (200 Btu/scf) if the flare is non-assisted.
(2) Each flare shall have either a continuously operable pilot flame
or an electronic igniter that meets the requirements of paragraphs
(b)(3) and (b)(4) of this section.
(3) Each electronic igniter shall meet the following requirements:
(i) Each flare shall be equipped with at least two igniter plugs
with redundant igniter transformers;
(ii) The ignition units shall be designed failsafe with respect to
flame detection thermocouples (i.e., any flame detection thermocouples
are used only to indicate the presence of a flame, are not interlocked
with the ignition unit, and cannot deactivate the ignition system); and
(iii) Integral battery backup shall be provided to maintain active
ignition operation for a minimum of 15 minutes during a power failure.
(iv) Each electronic igniter shall be operated to initiate ignition
when the bleeder valve is not fully closed as indicated by an ``OPEN''
limit switch.
(4) Each flare installed to meet the requirements of this paragraph
(b) that does not have an electronic igniter shall be operated with a
pilot flame present at all times as determined by Sec. 63.309(h)(2).
(c) Each flare installed to meet the requirements of this section
shall be operated with no visible emissions, as determined by the
methods specified in Sec. 63.309(h)(1), except for periods not to exceed
a total of 5 minutes during any 2 consecutive hours.
(d) As an alternative to the installation, operation, and
maintenance of a flare system as required in paragraph (a) of this
section, the owner or operator may petition the Administrator for
approval of an alternative control device or system that achieves at
least 98 percent destruction or control of coke oven emissions vented to
the alternative control device or system.
(e) The owner or operator of a by-product coke oven battery is
exempt from the requirements of this section if the owner or operator:
(1) Submits to the Administrator, no later than November 10, 1993, a
formal commitment to close the battery permanently; and
(2) Closes the battery permanently no later than December 31, 1995.
In no case may the owner or operator continue to operate a battery for
which a closure
[[Page 395]]
commitment is submitted, past December 31, 1995.
(f) Any emissions resulting from the installation of flares (or
other pollution control devices or systems approved pursuant to
paragraph (d) of this section) shall not be used in making new source
review determinations under part C and part D of title I of the Act.
Sec. 63.308 Standards for collecting mains.
(a) On and after November 15, 1993, the owner or operator of a by-
product coke oven battery shall inspect the collecting main for leaks at
least once daily according to the procedures in Method 303 in appendix A
to this part.
(b) The owner or operator shall record the time and date a leak is
first observed, the time and date the leak is temporarily sealed, and
the time and date of repair.
(c) The owner or operator shall temporarily seal any leak in the
collecting main as soon as possible after detection, but no later than 4
hours after detection of the leak.
(d) The owner or operator shall initiate a collecting main repair as
expeditiously as possible, but no later than 5 calendar days after
initial detection of the leak. The repair shall be completed within 15
calendar days after initial detection of the leak unless an alternative
schedule is approved by the Administrator.
Sec. 63.309 Performance tests and procedures.
(a) Except as otherwise provided, a daily performance test shall be
conducted each day, 7 days per week for each new and existing coke oven
battery, the results of which shall be used in accordance with
procedures specified in this subpart to determine compliance with each
of the applicable visible emission limitations for coke oven doors,
topside port lids, offtake systems, and charging operations in this
subpart. If a facility pushes and charges only at night, then that
facility must, at its option, change their schedule and charge during
daylight hours or provide adequate lighting so that visible emission
inspections can be made at night. ``Adequate lighting'' will be
determined by the enforcement agency.
(1) Each performance test is to be conducted according to the
procedures and requirements in this section and in Method 303 or 303A in
appendix A to this part or Methods 9 and 22 in appendix A to part 60 of
this chapter (where applicable).
(2) Each performance test is to be conducted by a certified
observer.
(3) The certified observer shall complete any reasonable safety
training program offered by the owner or operator prior to conducting
any performance test at a coke oven battery.
(4) Except as otherwise provided in paragraph (a)(5) of this
section, the owner or operator shall pay an inspection fee to the
enforcement agency each calendar quarter to defray the costs of the
daily performance tests required under paragraph (a) of this section.
(i) The inspection fee shall be determined according to the
following formula:
[GRAPHIC] [TIFF OMITTED] TR27OC93.002
where
F=Fees to be paid by owner or operator.
H=Total person hours for inspections: 4 hours for 1 coke oven battery,
6.25 hours for 2 coke oven batteries, 8.25 hours for 3 coke oven
batteries. For more than 3 coke oven batteries, use these hours to
calculate the appropriate estimate of person hours.
S=Current average hourly rate for private visible emission inspectors in
the relevant market.
(ii) The enforcement agency may revise the value for H in equation 3
within 3 years after October 27, 1993 to reflect the amount of time
actually required to conduct the inspections required under paragraph
(a) of this section.
(iii) The owner or operator shall not be required to pay an
inspection fee (or any part thereof) under paragraph (a)(4) of this
section, for any monitoring or inspection services required by paragraph
(a) of this section that the owner or operator can demonstrate are
covered by other fees collected by the enforcement agency.
(iv) Upon request, the enforcement agency shall provide the owner or
operator information concerning the inspection services covered by any
other
[[Page 396]]
fees collected by the enforcement agency, and any information relied
upon under paragraph (a)(4)(ii) of this section.
(5)(i) The EPA shall be the enforcement agency during any period of
time that a delegation of enforcement authority is not in effect or a
withdrawal of enforcement authority under Sec. 63.313 is in effect, and
the Administrator is responsible for performing the inspections required
by this section, pursuant to Sec. 63.313(b).
(ii) Within thirty (30) days of receiving notification from the
Administrator that the EPA is the enforcement agency for a coke oven
battery, the owner or operator shall enter into a contract providing for
the inspections and performance tests required under this section to be
performed by a Method 303 certified observer. The inspections and
performance tests will be conducted at the expense of the owner or
operator, during the period that the EPA is the implementing agency.
(b) The enforcement agency shall commence daily performance tests on
the applicable date specified in Sec. 63.300 (a) or (c).
(c) The certified observer shall conduct each performance test
according to the requirements in this paragraph:
(1) The certified observer shall conduct one run each day to observe
and record visible emissions from each coke oven door (except for doors
covered by an alternative standard under Sec. 63.305), topside port lid,
and offtake system on each coke oven battery. The certified observer
also shall conduct five runs to observe and record the seconds of
visible emissions per charge for five consecutive charges from each coke
oven battery. The observer may perform additional runs as needed to
obtain and record a visible emissions value (or set of values) for an
emission point that is valid under Method 303 or Method 303A in appendix
A to this part. Observations from fewer than five consecutive charges
shall constitute a valid set of charging observations only in accordance
with the procedures and conditions specified in sections 3.8 and 3.9 of
Method 303 in appendix A to this part.
(2) If a valid visible emissions value (or set of values) is not
obtained for a performance test, there is no compliance determination
for that day. Compliance determinations will resume on the next day that
a valid visible emissions value (or set of values) is obtained.
(3) After each performance test for a by-product coke oven battery,
the certified observer shall check and record the collecting main
pressure according to the procedures in section 6.3 of Method 303 in
appendix A to this part.
(i) The owner or operator shall demonstrate pursuant to Method 303
in appendix A to this part the accuracy of the pressure measurement
device upon request of the certified observer;
(ii) The owner or operator shall not adjust the pressure to a level
below the range of normal operation during or prior to the inspection;
(4) The certified observer shall monitor visible emissions from coke
oven doors subject to an alternative standard under Sec. 63.305 on the
schedule specified in Sec. 63.305(f).
(5) If applicable, the certified observer shall monitor the opacity
of any emissions escaping the control device for a shed covering doors
subject to an alternative standard under Sec. 63.305 on the schedule
specified in Sec. 63.305(f).
(6) In no case shall the owner or operator knowingly block a coke
oven door, or any portion of a door for the purpose of concealing
emissions or preventing observations by the certified observer.
(d) Using the observations obtained from each performance test, the
enforcement agency shall compute and record, in accordance with the
procedures and requirements of Method 303 or 303A in appendix A to this
part, for each day of operations on which a valid emissions value (or
set of values) is obtained:
(1) The 30-run rolling average of the percent leaking coke oven
doors, topside port lids, and offtake systems on each coke oven battery,
using the equations in sections 4.5.3.2, 5.6.5.2, and 5.6.6.2 of Method
303 (or section 3.4.3.2 of Method 303A) in appendix A to this part;
(2) For by-product coke oven battery charging operations, the
logarithmic 30-day rolling average of the seconds of visible emissions
per charge for each battery, using the equation in section
[[Page 397]]
3.9 of Method 303 in appendix A to this part;
(3) For a battery subject to an alternative emission limitation for
coke oven doors on by-product coke oven batteries pursuant to
Sec. 63.305, the 30-run rolling average of the percent leaking coke oven
doors for any side of the battery not subject to such alternative
emission limitation;
(4) For a by-product coke oven battery subject to the small battery
emission limitation for coke oven doors pursuant to Sec. 63.304(b)(7),
the 30-run rolling average of the number of leaking coke oven doors;
(5) For an approved alternative emission limitation for coke oven
doors according to Sec. 63.305, the weekly or monthly observation of the
percent leaking coke oven doors using Method 303 in appendix A to this
part, the percent opacity of visible emissions from the control device
for the shed using Method 9 in appendix A to part 60 of this chapter,
and visible emissions from the shed using Method 22 in appendix A to
part 60 of this chapter;
(e) The certified observer shall make available to the implementing
agency as well as to the owner or operator, a copy of the daily
inspection results by the end of the day and shall make available the
calculated rolling average for each emission point to the owner or
operator as soon as practicable following each performance test. The
information provided by the certified observer is not a compliance
determination. For the purpose of notifying an owner or operator of the
results obtained by a certified observer, the person does not have to be
certified.
(f) Compliance shall not be determined more often than the schedule
provided for performance tests under this section. If additional valid
emissions observations are obtained (or in the case of charging, valid
sets of emission observations), the arithmetic average of all valid
values (or valid sets of values) obtained during the day shall be used
in any computations performed to determine compliance under paragraph
(d) of this section or determinations under Sec. 63.306.
(g) Compliance with the alternative standards for nonrecovery coke
oven batteries in Sec. 63.303; shed inspection, maintenance
requirements, and monitoring requirements for parameters affecting the
shed exhaust flow rate for batteries subject to alternative standards
for coke oven doors under Sec. 63.305; work practice emission control
plan requirements in Sec. 63.306; standards for bypass/bleeder stacks in
Sec. 63.307; and standards for collecting mains in Sec. 63.308 is to be
determined by the enforcement agency based on review of records and
inspections.
(h) For a flare installed to meet the requirements of
Sec. 63.307(b):
(1) Compliance with the provisions in Sec. 63.307(c) (visible
emissions from flares) shall be determined using Method 22 in appendix A
to part 60 of this chapter, with an observation period of 2 hours; and
(2) Compliance with the provisions in Sec. 63.307(b)(4) (flare pilot
light) shall be determined using a thermocouple or any other equivalent
device.
(i) No observations obtained during any program for training or for
certifying observers under this subpart shall be used to determine
compliance with the requirements of this subpart or any other federally
enforceable standard.
Effective Date Note: At 68 FR 37346, June 23, 2003, Sec. 63.309 was
amended by revising paragraph (a)(5)(i) effective August 22, 2003. For
the convenience of the user, the revised text is set forth as follows:
Sec. 63.309 Performance tests and procedures.
(a) * * *
(5)(i) The EPA shall be the enforcement agency during any period of
time that a delegation of enforcement authority is not in effect or a
withdrawal of enforcement authority under Sec. 63.313 is in effect, and
the Administrator is responsible for performing the inspections required
by this section, pursuant to Sec. 63.313(c).
* * * * *
Sec. 63.310 Requirements for startups, shutdowns, and malfunctions.
(a) At all times including periods of startup, shutdown, and
malfunction, the owner or operator shall operate and maintain the coke
oven battery and its pollution control equipment required under this
subpart, in a manner consistent with good air pollution control
[[Page 398]]
practices for minimizing emissions to the levels required by any
applicable performance standards under this subpart. Failure to adhere
to the requirement of this paragraph shall not constitute a separate
violation if a violation of an applicable performance or work practice
standard has also occurred.
(b) Each owner or operator of a coke oven battery shall develop and
implement according to paragraph (c) of this section, a written startup,
shutdown, and malfunction plan that describes procedures for operating
the battery, including associated air pollution control equipment,
during a period of a startup, shutdown, or malfunction in a manner
consistent with good air pollution control practices for minimizing
emissions, and procedures for correcting malfunctioning process and air
pollution control equipment as quickly as practicable.
(c) During a period of startup, shutdown, or malfunction:
(1) The owner or operator of a coke oven battery shall operate the
battery (including associated air pollution control equipment) in
accordance with the procedure specified in the startup, shutdown, and
malfunction plan; and
(2) Malfunctions shall be corrected as soon as practicable after
their occurrence, in accordance with the plan.
(d) In order for the provisions of paragraph (i) of this section to
apply with respect to the observation (or set of observations) for a
particular day, notification of a startup, shutdown, or a malfunction
shall be made by the owner or operator:
(1) If practicable, to the certified observer if the observer is at
the facility during the occurrence; or
(2) To the enforcement agency, in writing, within 24 hours of the
occurrence first being documented by a company employee, and if the
notification under paragraph (d)(1) of this section was not made, an
explanation of why no such notification was made.
(e) Within 14 days of the notification made under paragraph (d) of
this section, or after a startup or shutdown, the owner or operator
shall submit a written report to the applicable permitting authority
that:
(1) Describes the time and circumstances of the startup, shutdown,
or malfunction; and
(2) Describes actions taken that might be considered inconsistent
with the startup, shutdown, or malfunction plan.
(f) The owner or operator shall maintain a record of internal
reports which form the basis of each malfunction notification under
paragraph (d) of this section.
(g) To satisfy the requirements of this section to develop a
startup, shutdown, and malfunction plan, the owner or operator may use
the standard operating procedures manual for the battery, provided the
manual meets all the requirements for this section and is made available
for inspection at reasonable times when requested by the Administrator.
(h) The Administrator may require reasonable revisions to a startup,
shutdown, and malfunction plan, if the Administrator finds that the
plan:
(1) Does not address a startup, shutdown, or malfunction event that
has occurred;
(2) 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; or
(3) Does not provide adequate procedures for correcting
malfunctioning process and/or air pollution control equipment as quickly
as practicable.
(i) If the owner or operator demonstrates to the satisfaction of the
Administrator that a startup, shutdown, or malfunction has occurred,
then an observation occurring during such startup, shutdown, or
malfunction shall not:
(1) Constitute a violation of relevant requirements of this subpart;
(2) Be used in any compliance determination under Sec. 63.309; or
(3) Be considered for purposes of Sec. 63.306, until the
Administrator has resolved the claim that a startup, shutdown, or
malfunction has occurred. If the Administrator determines that a
startup, shutdown, or malfunction has not occurred, such observations
may be used for purposes of Sec. 63.306, regardless
[[Page 399]]
of whether the owner or operator further contests such determination.
The owner's or operator's receipt of written notification from the
Administrator that a startup, shutdown, or malfunction has not occurred
will serve, where applicable under Sec. 63.306, as written notification
from the certified observer that an exceedance has occurred.
Sec. 63.311 Reporting and recordkeeping requirements.
(a) After the effective date of an approved permit in a State under
part 70 of this chapter, the owner or operator shall submit all
notifications and reports required by this subpart to the State
permitting authority. Use of information provided by the certified
observer shall be a sufficient basis for notifications required under
Sec. 70.5(c)(9) of this chapter and the reasonable inquiry requirement
of Sec. 70.5(d) of this chapter.
(b) Initial compliance certification. The owner or operator of an
existing or new coke oven battery shall provide a written statement(s)
to certify compliance to the Administrator within 45 days of the
applicable compliance date for the emission limitations or requirements
in this subpart. The owner or operator shall include the following
information in the initial compliance certification:
(1) Statement, signed by the owner or operator, certifying that a
bypass/bleeder stack flare system or an approved alternative control
device or system has been installed as required in Sec. 63.307; and
(2) Statement, signed by the owner or operator, certifying that a
written startup, shutdown, and malfunction plan has been prepared as
required in Sec. 63.310.
(c) Notifications. The owner or operator shall provide written
notification(s) to the Administrator of:
(1) Intention to construct a new coke oven battery (including
reconstruction of an existing coke oven battery and construction of a
greenfield coke oven battery), a brownfield coke oven battery, or a
padup rebuild coke oven battery, including the anticipated date of
startup; and
(2) Election to meet emission limitation(s) in this subpart as
follows:
(i) Notification of election to meet the emission limitations in
Sec. 63.304(b)(1) or Sec. 63.304(c) either in lieu of or in addition to
the applicable emission limitations in Sec. 63.302(a) or Sec. 63.303(a)
must be received by the Administrator on or before November 15, 1993; or
(ii) Notification of election to meet the emission limitations in
Sec. 63.302(a)(1) or Sec. 63.303(a), as applicable, must be received by
the Administrator on or before December 31, 1995; and
(iii) Notification of election to meet the emission limitations in
Sec. 63.304(b) (2) through (4) and Sec. 63.304(c) or election to meet
residual risk standards to be developed according to section 112(f) of
the Act in lieu of the emission standards in Sec. 63.304 must be
received on or before January 1, 1998.
(d) Semiannual compliance certification. The owner or operator of a
coke oven battery shall include the following information in the
semiannual compliance certification:
(1) Certification, signed by the owner or operator, that no coke
oven gas was vented, except through the bypass/ bleeder stack flare
system of a by-product coke oven battery during the reporting period or
that a venting report has been submitted according to the requirements
in paragraph (e) of this section;
(2) Certification, signed by the owner or operator, that a startup,
shutdown, or malfunction event did not occur for a coke oven battery
during the reporting period or that a startup, shutdown, and malfunction
event did occur and a report was submitted according to the requirements
in Sec. 63.310(e); and
(3) Certification, signed by the owner or operator, that work
practices were implemented if applicable under Sec. 63.306.
(e) Report for the venting of coke oven gas other than through a
flare system. The owner or operator shall report any venting of coke
oven gas through a bypass/bleeder stack that was not vented through the
bypass/bleeder stack flare system to the Administrator as soon as
practicable but no later than 24 hours after the beginning of the event.
A written report shall be submitted within 30 days of the event and
shall include a description of the event and, if applicable, a copy of
the notification
[[Page 400]]
for a hazardous substance release required pursuant to Sec. 302.6 of
this chapter.
(f) Recordkeeping. The owner or operator shall maintain files of all
required information in a permanent form suitable for inspection at an
onsite location for at least 1 year and must thereafter be accessible
within 3 working days to the Administrator for the time period specified
in Sec. 70.6(a)(3)(ii)(B) of this chapter. Copies of the work practice
plan developed under Sec. 63.306 and the startup, shutdown, and
malfunction plan developed under Sec. 63.310 shall be kept onsite at all
times. The owner or operator shall maintain the following information:
(1) For nonrecovery coke oven batteries,
(i) Records of daily pressure monitoring, if applicable according to
Sec. 63.303(a)(1)(ii) or Sec. 63.303(b)(1)(ii);
(ii) Records demonstrating the performance of work practice
requirements according to Sec. 63.306(b)(7); and
(iii) Design characteristics of each emission control system for the
capture and collection of charging emissions, as required by
Sec. 63.303(b)(2).
(2) For an approved alternative emission limitation according to
Sec. 63.305;
(i) Monitoring records for parameter(s) that indicate the exhaust
flow rate is maintained;
(ii) If applicable under Sec. 63.305(f)(4)(i);
(A) Records of opacity readings from the continuous opacity monitor
for the control device for the shed; and
(B) Records that demonstrate the continuous opacity monitoring
system meets the requirements of Performance Specification 1 in appendix
B to part 60 of this chapter and the operation and maintenance
requirements in part 52 of this chapter; and
(iii) Records of quarterly visual inspections as specified in
Sec. 63.305(f)(5), including the time and date a defect is detected and
repaired.
(3) A copy of the work practice plan required by Sec. 63.306 and any
revision to the plan;
(4) If the owner or operator is required under Sec. 63.306(c) to
implement the provisions of a work practice plan for a particular
emission point, the following records regarding the implementation of
plan requirements for that emission point during the implementation
period;
(i) Copies of all written and audiovisual materials used in the
training, the dates of each class, the names of the participants in each
class, and documentation that all appropriate personnel have
successfully completed the training required under Sec. 63.306(b)(1);
(ii) The records required to be maintained by the plan provisions
implementing Sec. 63.306(b)(7);
(iii) Records resulting from audits of the effectiveness of the work
practice program for the particular emission point, as required under
Sec. 63.306(b)(2)(i), 63.306(b)(3)(i), 63.306(b)(4)(i), or
63.306(b)(5)(i); and
(iv) If the plan provisions for coke oven doors must be implemented,
records of the inventory of doors and jambs as required under
Sec. 63.306(b)(2)(vi); and
(5) The design drawings and engineering specifications for the
bypass/bleeder stack flare system or approved alternative control device
or system as required under Sec. 63.307.
(6) Records specified in Sec. 63.310(f) regarding the basis of each
malfunction notification.
(g) Records required to be maintained and reports required to be
filed with the Administrator under this subpart shall be made available
in accordance with the requirements of this paragraph by the owner or
operator to the authorized collective bargaining representative of the
employees at a coke oven battery, for inspection and copying.
(1) Requests under paragraph (g) of this section shall be submitted
in writing, and shall identify the records or reports that are subject
to the request with reasonable specificity;
(2) The owner or operator shall produce the reports for inspection
and copying within a reasonable period of time, not to exceed 30 days. A
reasonable fee may be charged for copying (except for the first copy of
any document), which shall not exceed the copying fee charged by the
Administrator under part 2 of this chapter;
(3) Nothing in paragraph (g) of this section shall require the
production for inspection or copying of any portion of a document that
contains trade secrets
[[Page 401]]
or confidential business information that the Administrator would be
prohibited from disclosing to the public under part 2 of this chapter;
and
(4) The inspection or copying of a document under paragraph (g) of
this section shall not in any way affect any property right of the owner
or operator in such document under laws for the protection of
intellectual property, including the copyright laws.
Sec. 63.312 Existing regulations and requirements.
(a) The owner or operator shall comply with all applicable State
implementation plan emission limits and (subject to any expiration date)
all federally enforceable emission limitations which are contained in an
order, decree, permit, or settlement agreement for the control of
emissions from offtake systems, topside port lids, coke oven doors, and
charging operations in effect on September 15, 1992, or which have been
modified according to the provisions of paragraph (c) of this section.
(b) Nothing in this subpart shall affect the enforcement of such
State implementation plan emission limitations (or, subject to any
expiration date, such federally enforceable emission limitations
contained in an order, decree, permit, or settlement agreement) in
effect on September 15, 1992, or which have been modified according to
the provisions in paragraph (c) of this section.
(c) No such State implementation plan emission limitation (or,
subject to any expiration date, such federally enforceable emission
limitation contained in an order, decree, permit, or settlement
agreement) in effect on September 15, 1992, may be modified under the
Act unless:
(1) Such modification is consistent with all requirements of section
110 of the Act; and either
(i) Such modification ensures that the applicable emission
limitations and format (e.g., single pass v. multiday average) in effect
on September 15, 1992, will continue in effect; or
(ii) Such modification includes a change in the method of monitoring
(except frequency unless frequency was indicated in the State
implementation plan, or subject to any expiration date, other federally
enforceable requirements contained in an order, decree, permit, or
settlement agreement) that is more stringent than the method of
monitoring in effect on September 15, 1992, and that ensures coke oven
emission reductions greater than the emission reductions required on
September 15, 1992. The burden of proof in demonstrating the stringency
of the methods of monitoring is borne by the party requesting the
modification and must be made to the satisfaction of the Administrator;
or
(iii) Such modification makes the emission limitations more
stringent while holding the format unchanged, makes the format more
stringent while holding the emission limitations unchanged, or makes
both more stringent.
(2) Any industry application to make a State implementation plan
revision or other adjustment to account for differences between Method
303 in appendix A to this part and the State's method based on paragraph
(c)(1)(ii) of this section shall be submitted within 12 months after
October 27, 1993.
(d) Except as specified in Sec. 63.307(f), nothing in this subpart
shall limit or affect any authority or obligation of Federal, State, or
local agencies to establish emission limitations or other requirements
more stringent than those specified in this subpart.
(e) Except as provided in Sec. 63.302(c), section 112(g) of the Act
shall not apply to sources subject to this subpart.
Sec. 63.313 Delegation of authority.
(a) In delegating implementation and enforcement authority to a
State under section 112(d) of the Act, the authorities contained in
paragraph (c) of this section shall be retained by the Administrator and
not transferred to a State.
(b) Whenever the Administrator learns that a delegated agency has
not fully carried out the inspections and performance tests required
under Sec. 63.309 for each applicable emission point of each battery
each day, the Administrator shall immediately notify
[[Page 402]]
the agency. Unless the delegated agency demonstrates to the
Administrator's satisfaction within 15 days of notification that the
agency is consistently carrying out the inspections and performance
tests required under Sec. 63.309 in the manner specified in the
preceding sentence, the Administrator shall notify the coke oven battery
owner or operator that inspections and performance tests shall be
carried out according to Sec. 63.309(a)(5). When the Administrator
determines that the delegated agency is prepared to consistently perform
all required inspections and performance tests each day, the
Administrator shall give the coke oven battery owner or operator at
least 15 days notice that implementation will revert back to the
previously delegated agency.
(c) Authorities which will not be delegated to States:
(1) Sec. 63.302(d);
(2) Sec. 63.304(b)(6);
(3) Secs. 63.305 (b), (d) and (e);
(4) Sec. 63.307(d); and
(5) Section 2 of Method 303 in appendix A to this part.
(d) The authority to enforce this subpart is delegated to the States
of: [Reserved]
Effective Date Note: At 68 FR 37344, June 23, 2003, Sec. 63.313 was
revised effective August 22, 2003. For the convenience of the user, the
revised text is set forth as follows:
Sec. 63.313 Implementation and enforcement.
(a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to a State,
local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (d) of this section are
retained by the Administrator and cannot be transferred to the State,
local, or Tribal agency.
(c) Withdrawal of authority:
(1) Whenever the Administrator learns that a delegated agency has
not fully carried out the inspections and performance tests required
under Sec. 63.309 for each applicable emission point of each battery
each day, the Administrator shall immediately notify the agency. Unless
the delegated agency demonstrates to the Administrator's satisfaction
within 15 days of notification that the agency is consistently carrying
out the inspections and performance tests required under Sec. 63.309 in
the manner specified in the preceding sentence, the Administrator shall
notify the coke oven battery owner or operator that inspections and
performance tests shall be carried out according to Sec. 63.309(a)(5).
When the Administrator determines that the delegated agency is prepared
to consistently perform all the required inspections and performance
tests each day, the Administrator shall give the coke oven battery owner
or operator at least 15 days notice that implementation will revert to
the previously delegated agency.
(2) In addition to the provisions in paragraph (c)(1) of this
section, the Administrator may also withdraw delegation of authority
pursuant to the provisions of Sec. 63.96 of subpart E of this part.
(d) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (d)(1) through (5) of
this section.
(1) Approval of alternatives to the requirements in Secs. 63.300 and
63.302 through 63.308 (except the authorities in 63.306(a)(2) and (d)).
(2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required
in this subpart.
(3) Approval of any changes to section 2 of Method 303 in appendix A
of this part.
(4) Approval of major alternatives to monitoring under Sec. 63.8(f),
as defined in Sec. 63.90, and as required in this subpart.
(5) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.
Appendix A to Subpart L of Part 63--Operating Coke Oven Batteries as of
April 1, 1992
------------------------------------------------------------------------
No. Plant Battery
------------------------------------------------------------------------
1................. ABC Coke, Tarrant, AL....... A
5
6
2................. Acme Steel, Chicago, IL..... 1
2
3................. Armco, Inc., Middletown, OH. 1
2
3
4................. Armco, Inc., Ashland, KY.... 3
4
5................. Bethlehem Steel, Bethlehem, A
PA.
2
3
6................. Bethlehem Steel, Burns 1
Harbor, IN.
2
7................. Bethlehem Steel, Lackawanna, 7
NY.
[[Page 403]]
8
8................. Citizens Gas, Indianapolis, E
IN.
H
1
9................. Empire Coke, Holt, AL....... 1
2
10................ Erie Coke, Erie, PA......... A
B
11................ Geneva Steel, Provo, UT..... 1
2
3
4
12................ Gulf States Steel, Gadsden, 2
AL.
3
13................ Inland Steel, East Chicago, 6
IN.
7
9
10
11
14................ Jewell Coal and Coke, 2
Vansant, VA.
3A
3B
3C
15................ Koppers, Woodward, AL....... 1
2A
2B
4A
4B
5
16................ LTV Steel, Cleveland, OH.... 6
7
17................ LTV Steel, Pittsburgh, PA... P1
P2
P3N
P3S
P4
18................ LTV Steel, Chicago, IL...... 2
19................ LTV Steel, Warren, OH....... 4
20................ National Steel, Ecorse, MI.. 5
21................ National Steel, Granite A
City, IL.
B
22................ New Boston Coke, Portsmouth, 1
OH.
23................ Sharon Steel, Monessen, PA.. 1B
2
24................ Shenango, Pittsburgh, PA.... 1
4
25................ Sloss Industries, 3
Birmingham, AL.
4
5
26................ Toledo Coke, Toledo, OH..... C
27................ Tonawanda Coke, Buffalo, NY. 1
28................ USX, Clairton, PA........... 1
2
3
7
8
9
13
14
15
19
20
B
29................ USX, Gary, IN............... 2
3
5
7
30................ Wheeling-Pittsburgh, E. 1
Steubenville, WV. 2
3
8
------------------------------------------------------------------------
[58 FR 57911, Oct. 27, 1993; 59 FR 1992, Jan. 13, 1994]
Subpart M--National Perchloroethylene Air Emission Standards for Dry
Cleaning Facilities
Source: 58 FR 49376, Sept. 22, 1993, unless otherwise noted.
Sec. 63.320 Applicability.
(a) The provisions of this subpart apply to the owner or operator of
each dry cleaning facility that uses perchloroethylene.
(b) Each dry cleaning system that commences construction or
reconstruction on or after December 9, 1991, shall be in compliance with
the provisions of this subpart beginning on September 22, 1993 or
immediately upon startup, whichever is later, except for dry cleaning
systems complying with section 112(i)(2) of the Clean Air Act.
(c) Each dry cleaning system that commenced construction or
reconstruction before December 9, 1991, and each new transfer machine
system and its ancillary equipment that commenced construction or
reconstruction on or after December 9, 1991 and before September 22,
1993, shall comply with Secs. 63.322 (c), (d), (i), (j), (k), (l), and
(m), 63.323(d), and 63.324 (a), (b), (d)(1), (d)(2), (d)(3), (d)(4), and
(e) beginning on December 20, 1993, and shall comply with other
provisions of this subpart by September 23, 1996.
(d) Each existing dry-to-dry machine and its ancillary equipment
located in a dry cleaning facility that includes only dry-to-dry
machines, and each existing transfer machine system and its ancillary
equipment and each new transfer machine system and its ancillary
equipment installed between December 9, 1991 and September 22, 1993, as
well as each existing dry-to-dry machine and its ancillary equipment,
located in a dry cleaning facility that includes both transfer machine
system(s) and dry-to-dry machine(s) is exempt from Sec. 63.322,
Sec. 63.323, and Sec. 63.324, except paragraphs 63.322 (c), (d), (i),
(j), (k), (l), and (m), 63.323(d), and 63.324 (a), (b), (d)(1), (d)(2),
(d)(3), (d)(4), and (e) if the total perchloroethylene consumption of
the dry cleaning facility is less than 530 liters (140 gallons) per
year. Consumption is determined according to Sec. 63.323(d).
[[Page 404]]
(e) Each existing transfer machine system and its ancillary
equipment, and each new transfer machine system and its ancillary
equipment installed between December 9, 1991 and September 22, 1993,
located in a dry cleaning facility that includes only transfer machine
system(s) is exempt from Sec. 63.322, Sec. 63.323, and Sec. 63.324,
except paragraphs 63.322 (c), (d), (i), (j), (k), (l), and (m),
63.323(d), and 63.324 (a), (b), (d)(1), (d)(2), (d)(3), (d)(4), and (e)
if the perchloroethylene consumption of the dry cleaning facility is
less than 760 liters (200 gallons) per year. Consumption is determined
according to Sec. 63.323(d).
(f) If the total yearly perchloroethylene consumption of a dry
cleaning facility determined according to Sec. 63.323(d) is initially
less than the amounts specified in paragraph (d) or (e) of this section,
but later exceeds those amounts, the existing dry cleaning system(s) and
new transfer machine system(s) and its (their) ancillary equipment
installed between December 9, 1991 and September 22, 1993 in the dry
cleaning facility must comply with Sec. 63.322, Sec. 63.323, and
Sec. 63.324 by 180 calendar days from the date that the facility
determines it has exceeded the amounts specified, or by September 23,
1996, whichever is later.
(g) A dry cleaning facility is a major source if the facility emits
or has the potential to emit more than 9.1 megagrams per year (10 tons
per year) of perchloroethylene to the atmosphere. In lieu of measuring a
facility's potential to emit perchloroethylene emissions or determining
a facility's potential to emit perchloroethylene emissions, a dry
cleaning facility is a major source if:
(1) It includes only dry-to-dry machine(s) and has a total yearly
perchloroethylene consumption greater than 8,000 liters (2,100 gallons)
as determined according to Sec. 63.323(d); or
(2) It includes only transfer machine system(s) or both dry-to-dry
machine(s) and transfer machine system(s) and has a total yearly
perchloroethylene consumption greater than 6,800 liters (1,800 gallons)
as determined according to Sec. 63.323(d).
(h) A dry cleaning facility is an area source if it does not meet
the conditions of paragraph (g) of this section.
(i) If the total yearly perchloroethylene consumption of a dry
cleaning facility determined according to Sec. 63.323(d) is initially
less than the amounts specified in paragraph (g) of this section, but
then exceeds those amounts, the dry cleaning facility becomes a major
source and all dry cleaning systems located at that dry cleaning
facility must comply with the appropriate requirements for major sources
under Secs. 63.322, 63.323, and 63.324 by 180 calendar days from the
date that the facility determines it has exceeded the amount specified,
or by September 23, 1996, whichever is later.
(j) All coin-operated dry cleaning machines are exempt from the
requirements of this subpart.
(k) If you are the owner or operator of a source subject to the
provisions of this subpart, you are also subject to title V permitting
requirements under 40 CFR parts 70 or 71, as applicable. Your title V
permitting authority may defer your source from these permitting
requirements until December 9, 2004, if your source is not a major
source and is not located at a major source as defined under 40 CFR
63.2, 70.2, or 71.2, and is not otherwise required to obtain a title V
permit. If you receive a deferral under this section, you must submit a
title V permit application by December 9, 2005. You must continue to
comply with the provisions of this subpart applicable to area sources,
even if you receive a deferral from title V permitting requirements.
[58 FR 49376, Sept. 22, 1993, as amended at 58 FR 66289, Dec. 20, 1993;
61 FR 27788, June 3, 1996; 61 FR 49265, Sept. 19, 1996; 64 FR 69643,
Dec. 14, 1999]
Sec. 63.321 Definitions.
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).
Ancillary equipment means the equipment used with a dry cleaning
machine in a dry cleaning system including, but
[[Page 405]]
not limited to, emission control devices, pumps, filters, muck cookers,
stills, solvent tanks, solvent containers, water separators, exhaust
dampers, diverter valves, interconnecting piping, hoses, and ducts.
Area source means any perchloroethylene dry cleaning facility that
meets the conditions of Sec. 63.320(h).
Articles mean clothing, garments, textiles, fabrics, leather goods,
and the like, that are dry cleaned.
Biweekly means any 14-day period of time.
Carbon adsorber means a bed of activated carbon into which an air-
perchloroethylene gas-vapor stream is routed and which adsorbs the
perchloroethylene on the carbon.
Coin-operated dry cleaning machine means a dry cleaning machine that
is operated by the customer (that is, the customer places articles into
the machine, turns the machine on, and removes articles from the
machine).
Colorimetric detector tube means a glass tube (sealed prior to use),
containing material impregnated with a chemical that is sensitive to
perchloroethylene and is designed to measure the concentration of
perchloroethylene in air.
Construction, for purposes of this subpart, means the fabrication
(onsite), erection, or installation of a dry cleaning system subject to
this subpart.
Desorption means regeneration of a carbon adsorber by removal of the
perchloroethylene adsorbed on the carbon.
Diverter valve means a flow control device that prevents room air
from passing through a refrigerated condenser when the door of the dry
cleaning machine is open.
Dry cleaning means the process of cleaning articles using
perchloroethylene.
Dry cleaning cycle means the washing and drying of articles in a
dry-to-dry machine or transfer machine system.
Dry cleaning facility means an establishment with one or more dry
cleaning systems.
Dry cleaning machine means a dry-to-dry machine or each machine of a
transfer machine system.
Dry cleaning machine drum means the perforated container inside the
dry cleaning machine that holds the articles during dry cleaning.
Dry cleaning system means a dry-to-dry machine and its ancillary
equipment or a transfer machine system and its ancillary equipment.
Dryer means a machine used to remove perchloroethylene from articles
by tumbling them in a heated air stream (see reclaimer).
Dry-to-dry machine means a one-machine dry cleaning operation in
which washing and drying are performed in the same machine.
Exhaust damper means a flow control device that prevents the air-
perchloroethylene gas-vapor stream from exiting the dry cleaning machine
into a carbon adsorber before room air is drawn into the dry cleaning
machine.
Existing means commenced construction or reconstruction before
December 9, 1991.
Filter means a porous device through which perchloroethylene is
passed to remove contaminants in suspension. Examples include, but are
not limited to, lint filter (button trap), cartridge filter, tubular
filter, regenerative filter, prefilter, polishing filter, and spin disc
filter.
Heating coil means the device used to heat the air stream circulated
from the dry cleaning machine drum, after perchloroethylene has been
condensed from the air stream and before the stream reenters the dry
cleaning machine drum.
Major source means any dry cleaning facility that meets the
conditions of Sec. 63.320(g).
Muck cooker means a device for heating perchloroethylene-laden waste
material to volatilize and recover perchloroethylene.
New means commenced construction or reconstruction on or after
December 9, 1991.
Perceptible leaks mean any perchloroethylene vapor or liquid leaks
that are obvious from:
(1) The odor of perchloroethylene;
(2) Visual observation, such as pools or droplets of liquid; or
(3) The detection of gas flow by passing the fingers over the
surface of equipment.
[[Page 406]]
Perchloroethylene consumption means the total volume of
perchloroethylene purchased based upon purchase receipts or other
reliable measures.
Reclaimer means a machine used to remove perchloroethylene from
articles by tumbling them in a heated air stream (see dryer).
Reconstruction, for purposes of this subpart, means replacement of a
washer, dryer, or reclaimer; or replacement of any components of a dry
cleaning system to such an extent that 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.
Refrigerated condenser means a vapor recovery system into which an
air-perchloroethylene gas-vapor stream is routed and the
perchloroethylene is condensed by cooling the gas-vapor stream.
Refrigerated condenser coil means the coil containing the chilled
liquid used to cool and condense the perchloroethylene.
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 dry cleaning facilities;
(2) For a partnership: A general partner;
(3) For a sole proprietorship: The owner; or
(4) For a municipality, State, Federal, or other public agency:
Either a principal executive officer or ranking official.
Room enclosure means a stationary structure that encloses a transfer
machine system, and is vented to a carbon adsorber or an equivalent
control device during operation of the transfer machine system.
Source, for purposes of this subpart, means each dry cleaning
system.
Still means any device used to volatilize and recover
perchloroethylene from contaminated perchloroethylene.
Temperature sensor means a thermometer or thermocouple used to
measure temperature.
Transfer machine system means a multiple-machine dry cleaning
operation in which washing and drying are performed in different
machines. Examples include, but are not limited to:
(1) A washer and dryer(s);
(2) A washer and reclaimer(s); or
(3) A dry-to-dry machine and reclaimer(s).
Washer means a machine used to clean articles by immersing them in
perchloroethylene. This includes a dry-to-dry machine when used with a
reclaimer.
Water separator means any device used to recover perchloroethylene
from a water-perchloroethylene mixture.
Year or Yearly means any consecutive 12-month period of time.
Sec. 63.322 Standards.
(a) The owner or operator of each existing dry cleaning system and
of each new transfer machine system and its ancillary equipment
installed between December 9, 1991 and September 22, 1993 shall comply
with either paragraph (a)(1) or (a)(2) of this section and shall comply
with paragraph (a)(3) of this section if applicable.
(1) Route the air-perchloroethylene gas-vapor stream contained
within each dry cleaning machine through a refrigerated condenser or an
equivalent control device.
(2) Route the air-perchloroethylene gas-vapor stream contained
within each dry cleaning machine through a carbon adsorber installed on
the dry cleaning machine prior to September 22, 1993.
(3) Contain the dry cleaning machine inside a room enclosure if the
dry cleaning machine is a transfer machine system located at a major
source. Each room enclosure shall be:
(i) Constructed of materials impermeable to perchloroethylene; and
(ii) Designed and operated to maintain a negative pressure at each
opening at all times that the machine is operating.
(b) The owner or operator of each new dry-to-dry machine and its
ancillary equipment and of each new transfer machine system and its
ancillary
[[Page 407]]
equipment installed after September 22, 1993:
(1) Shall route the air-perchloroethylene gas-vapor stream contained
within each dry cleaning machine through a refrigerated condenser or an
equivalent control device;
(2) Shall eliminate any emission of perchloroethylene during the
transfer of articles between the washer and dryer(s); and
(3) Shall pass the air-perchloroethylene gas-vapor stream from
inside the dry cleaning machine drum through a carbon adsorber or
equivalent control device immediately before or as the door of the dry
cleaning machine is opened if the dry cleaning machine is located at a
major source.
(c) The owner or operator shall close the door of each dry cleaning
machine immediately after transferring articles to or from the machine,
and shall keep the door closed at all other times.
(d) The owner or operator of each dry cleaning system shall operate
and maintain the system according to the manufacturers' specifications
and recommendations.
(e) Each refrigerated condenser used for the purposes of complying
with paragraph (a) or (b) of this section and installed on a dry-to-dry
machine, dryer, or reclaimer:
(1) Shall be operated to not vent or release the air-
perchloroethylene gas-vapor stream contained within the dry cleaning
machine to the atmosphere while the dry cleaning machine drum is
rotating;
(2) Shall be monitored according to Sec. 63.323(a)(1); and
(3) Shall be operated with a diverter valve, which prevents air
drawn into the dry cleaning machine when the door of the machine is open
from passing through the refrigerated condenser.
(f) Each refrigerated condenser used for the purpose of complying
with paragraph (a) of this section and installed on a washer:
(1) Shall be operated to not vent the air-perchloroethylene gas-
vapor contained within the washer to the atmosphere until the washer
door is opened;
(2) Shall be monitored according to Sec. 63.323(a)(2); and
(3) Shall not use the same refrigerated condenser coil for the
washer that is used by a dry-to-dry machine, dryer, or reclaimer.
(g) Each carbon adsorber used for the purposes of complying with
paragraph (a) or (b) of this section:
(1) Shall not be bypassed to vent or release any air-
perchloroethylene gas-vapor stream to the atmosphere at any time; and
(2) Shall be monitored according to the applicable requirements in
Sec. 63.323 (b) or (c).
(h) Each room enclosure used for the purposes of complying with
paragraph (a)(3) of this section:
(1) Shall be operated to vent all air from the room enclosure
through a carbon adsorber or an equivalent control device; and
(2) Shall be equipped with a carbon adsorber that is not the same
carbon adsorber used to comply with paragraph (a)(2) or (b)(3) of this
section.
(i) The owner or operator of an affected facility shall drain all
cartridge filters in their housing, or other sealed container, for a
minimum of 24 hours, or shall treat such filters in an equivalent
manner, before removal from the dry cleaning facility.
(j) The owner or operator of an affected facility shall store all
perchloroethylene and wastes that contain perchloroethylene in solvent
tanks or solvent containers with no perceptible leaks.
(k) The owner or operator of a dry cleaning system shall inspect the
following components weekly for perceptible leaks while the dry cleaning
system is operating:
(1) Hose and pipe connections, fittings, couplings, and valves;
(2) Door gaskets and seatings;
(3) Filter gaskets and seatings;
(4) Pumps;
(5) Solvent tanks and containers;
(6) Water separators;
(7) Muck cookers;
(8) Stills;
(9) Exhaust dampers;
(10) Diverter valves; and
(11) Cartridge filter housings.
(l) The owner or operator of a dry cleaning facility with a total
facility consumption below the applicable consumption levels of
Sec. 63.320(d) or (e) shall
[[Page 408]]
inspect the components listed in paragraph (k) of this section biweekly
for perceptible leaks while the dry cleaning system is operating.
(m) The owner or operator of a dry cleaning system shall repair all
perceptible leaks detected under paragraph (k) of this section within 24
hours. If repair parts must be ordered, either a written or verbal order
for those parts shall be initiated within 2 working days of detecting
such a leak. Such repair parts shall be installed within 5 working days
after receipt.
(n) If parameter values monitored under paragraphs (e), (f), or (g)
of this section do not meet the values specified in Sec. 63.323(a), (b),
or (c), adjustments or repairs shall be made to the dry cleaning system
or control device to meet those values. If repair parts must be ordered,
either a written or verbal order for such parts shall be initiated
within 2 working days of detecting such a parameter value. Such repair
parts shall be installed within 5 working days after receipt.
[58 FR 49376, Sept. 22, 1993, as amended at 61 FR 49265, Sept. 19, 1996]
Sec. 63.323 Test methods and monitoring.
(a) When a refrigerated condenser is used to comply with
Sec. 63.322(a)(1) or (b)(1):
(1) The owner or operator shall measure the temperature of the air-
perchloroethylene gas-vapor stream on the outlet side of the
refrigerated condenser on a dry-to-dry machine, dryer, or reclaimer
weekly with a temperature sensor to determine if it is equal to or less
than 7.2 deg.C (45 deg.F). The temperature sensor shall be used
according to the manufacturer's instructions and shall be designed to
measure a temperature of 7.2 deg.C (45 deg.F) to an accuracy of 1.1
deg.C (2 deg.F).
(2) The owner or operator shall calculate the difference between the
temperature of the air-perchloroethylene gas-vapor stream entering the
refrigerated condenser on a washer and the temperature of the air-
perchloroethylene gas-vapor stream exiting the refrigerated condenser on
the washer weekly to determine that the difference is greater than or
equal to 11.1 deg.C (20 deg.F).
(i) Measurements of the inlet and outlet streams shall be made with
a temperature sensor. Each temperature sensor shall be used according to
the manufacturer's instructions, and designed to measure at least a
temperature range from 0 deg.C (32 deg.F) to 48.9 deg.C (120 deg.F)
to an accuracy of 1.1 deg.C ( 2 deg.F).
(ii) The difference between the inlet and outlet temperatures shall
be calculated weekly from the measured values.
(b) When a carbon adsorber is used to comply with Sec. 63.322(a)(2)
or exhaust is passed through a carbon adsorber immediately upon machine
door opening to comply with Sec. 63.322(b)(3), the owner or operator
shall measure the concentration of perchloroethylene in the exhaust of
the carbon adsorber weekly with a colorimetric detector tube, while the
dry cleaning machine is venting to that carbon adsorber at the end of
the last dry cleaning cycle prior to desorption of that carbon adsorber
to determine that the perchloroethylene concentration in the exhaust is
equal to or less than 100 parts per million by volume. The owner or
operator shall:
(1) Use a colorimetric detector tube designed to measure a
concentration of 100 parts per million by volume of perchloroethylene in
air to an accuracy of 25 parts per million by volume; and
(2) Use the colorimetric detector tube according to the
manufacturer's instructions; and
(3) Provide a sampling port for monitoring within the exhaust outlet
of the carbon adsorber that is easily accessible and located at least 8
stack or duct diameters downstream from any flow disturbance such as a
bend, expansion, contraction, or outlet; downstream from no other inlet;
and 2 stack or duct diameters upstream from any flow disturbance such as
a bend, expansion, contraction, inlet, or outlet.
(c) If the air-perchloroethylene gas-vapor stream is passed through
a carbon adsorber prior to machine door opening to comply with
Sec. 63.322(b)(3), the owner or operator of an affected facility shall
measure the concentration of perchloroethylene in the dry cleaning
machine drum at the end of the dry cleaning cycle weekly with a
colorimetric detector tube to determine that
[[Page 409]]
the perchloroethylene concentration is equal to or less than 300 parts
per million by volume. The owner or operator shall:
(1) Use a colorimetric detector tube designed to measure a
concentration of 300 parts per million by volume of perchloroethylene in
air to an accuracy of 75 parts per million by volume; and
(2) Use the colorimetric detector tube according to the
manufacturer's instructions; and
(3) Conduct the weekly monitoring by inserting the colorimetric
detector tube into the open space above the articles at the rear of the
dry cleaning machine drum immediately upon opening the dry cleaning
machine door.
(d) When calculating yearly perchloroethylene consumption for the
purpose of demonstrating applicability according to Sec. 63.320, the
owner or operator shall perform the following calculation on the first
day of every month:
(1) Sum the volume of all perchloroethylene purchases made in each
of the previous 12 months, as recorded in the log described in
Sec. 63.324(d)(1).
(2) If no perchloroethylene purchases were made in a given month,
then the perchloroethylene consumption for that month is zero gallons.
(3) The total sum calculated in paragraph (d) of this section is the
yearly perchloroethylene consumption at the facility.
Sec. 63.324 Reporting and recordkeeping requirements.
(a) Each owner or operator of a dry cleaning facility shall notify
the Administrator or delegated State authority in writing within 270
calendar days after September 23, 1993 (i.e., June 18, 1994) and provide
the following information:
(1) The name and address of the owner or operator;
(2) The address (that is, physical location) of the dry cleaning
facility;
(3) A brief description of the type of each dry cleaning machine at
the dry cleaning facility;
(4) Documentation as described in Sec. 63.323(d) of the yearly
perchloroethylene consumption at the dry cleaning facility for the
previous year to demonstrate applicability according to Sec. 63.320; or
an estimation of perchloroethylene consumption for the previous year to
estimate applicability with Sec. 63.320; and
(5) A description of the type of control device(s) that will be used
to achieve compliance with Sec. 63.322 (a) or (b) and whether the
control device(s) is currently in use or will be purchased.
(6) Documentation to demonstrate to the Administrator's satisfaction
that each room enclosure used to meet the requirements of
Sec. 63.322(a)(3) meets the requirements of Sec. 63.322(a)(3) (i) and
(ii).
(b) Each owner or operator of a dry cleaning facility shall submit
to the Administrator or delegated State authority by registered mail on
or before the 30th day following the compliance dates specified in
Sec. 63.320 (b) or (c) or June 18, 1994, whichever is later, a
notification of compliance status providing the following information
and signed by a responsible official who shall certify its accuracy:
(1) The yearly perchloroethylene solvent consumption limit based
upon the yearly solvent consumption calculated according to
Sec. 63.323(d);
(2) Whether or not they are in compliance with each applicable
requirement of Sec. 63.322; and
(3) All information contained in the statement is accurate and true.
(c) Each owner or operator of an area source dry cleaning facility
that exceeds the solvent consumption limit reported in paragraph (b) of
this section shall submit to the Administrator or a delegated State
authority by registered mail on or before the dates specified in
Sec. 63.320 (f) or (i), a notification of compliance status providing
the following information and signed by a responsible official who shall
certify its accuracy:
(1) The new yearly perchloroethylene solvent consumption limit based
upon the yearly solvent consumption calculated according to
Sec. 63.323(d);
(2) Whether or not they are in compliance with each applicable
requirement of Sec. 63.322; and
(3) All information contained in the statement is accurate and true.
(d) Each owner or operator of a dry cleaning facility shall keep
receipts of perchloroethylene purchases and a log
[[Page 410]]
of the following information and maintain such information on site and
show it upon request for a period of 5 years:
(1) The volume of perchloroethylene purchased each month by the dry
cleaning facility as recorded from perchloroethylene purchases; if no
perchloroethylene is purchased during a given month then the owner or
operator would enter zero gallons into the log;
(2) The calculation and result of the yearly perchloroethylene
consumption determined on the first day of each month as specified in
Sec. 63.323(d);
(3) The dates when the dry cleaning system components are inspected
for perceptible leaks, as specified in Sec. 63.322(k) or (l), and the
name or location of dry cleaning system components where perceptible
leaks are detected;
(4) The dates of repair and records of written or verbal orders for
repair parts to demonstrate compliance with Sec. 63.322(m) and (n);
(5) The date and temperature sensor monitoring results, as specified
in Sec. 63.323 if a refrigerated condenser is used to comply with
Sec. 63.322(a) or (b); and
(6) The date and colorimetric detector tube monitoring results, as
specified in Sec. 63.323, if a carbon adsorber is used to comply with
Sec. 63.322(a)(2) or (b)(3).
(e) Each owner or operator of a dry cleaning facility shall retain
onsite a copy of the design specifications and the operating manuals for
each dry cleaning system and each emission control device located at the
dry cleaning facility.
[58 FR 49376, Sept. 22, 1993, as amended at 58 FR 66289, Dec. 20, 1993]
Sec. 63.325 Determination of equivalent emission control technology.
(a) Any person requesting that the use of certain equipment or
procedures be considered equivalent to the requirements under
Sec. 63.322 shall collect, verify, and submit to the Administrator the
following information to show that the alternative achieves equivalent
emission reductions:
(1) Diagrams, as appropriate, illustrating the emission control
technology, its operation and integration into or function with dry-to-
dry machine(s) or transfer machine system(s) and their ancillary
equipment during each portion of the normal dry cleaning cycle;
(2) Information quantifying vented perchloroethylene emissions from
the dry-to-dry machine(s) or transfer machine system(s) during each
portion of the dry cleaning cycle with and without the use of the
candidate emission control technology;
(3) Information on solvent mileage achieved with and without the
candidate emission control technology. Solvent mileage is the average
weight of articles cleaned per volume of perchloroethylene used. Solvent
mileage data must be of continuous duration for at least 1 year under
the conditions of a typical dry cleaning operation. This information on
solvent mileage must be accompanied by information on the design,
configuration, operation, and maintenance of the specific dry cleaning
system from which the solvent mileage information was obtained;
(4) Identification of maintenance requirements and parameters to
monitor to ensure proper operation and maintenance of the candidate
emission control technology;
(5) Explanation of why this information is considered accurate and
representative of both the short-term and the long-term performance of
the candidate emission control technology on the specific dry cleaning
system examined;
(6) Explanation of why this information can or cannot be
extrapolated to dry cleaning systems other than the specific system(s)
examined; and
(7) Information on the cross-media impacts (to water and solid
waste) of the candidate emission control technology and demonstration
that the cross-media impacts are less than or equal to the cross-media
impacts of a refrigerated condenser.
(b) For the purpose of determining equivalency to control equipment
required under Sec. 63.322, the Administrator will evaluate the petition
to determine whether equivalent control of perchloroethylene emissions
has been adequately demonstrated.
[[Page 411]]
(c) Where the Administrator determines that certain equipment and
procedures may be equivalent, the Administrator will publish a notice in
the Federal Register proposing to consider this equipment or these
procedures as equivalent. After notice and opportunity for public
hearing, the Administrator will publish the final determination of
equivalency in the Federal Register.
Sec. 63.326 Implementation and enforcement.
(a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to a State,
local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
(c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
(1) Approval of alternatives to the requirements in Secs. 63.320 and
63.322(a) through (j). Follow the requirements in Sec. 63.325 to
demonstrate that alternative equipment or procedures are equivalent to
the requirements of Sec. 63.322.
(2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required
in this subpart.
(3) Approval of major alternatives to monitoring under Sec. 63.8(f),
as defined in Sec. 63.90, and as required in this subpart.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.
Effective Date Note: At 68 FR 37347, June 23, 2003, Sec. 63.326 was
added effective August 22, 2003.
Subpart N--National Emission Standards for Chromium Emissions From Hard
and Decorative Chromium Electroplating and Chromium Anodizing Tanks
Source: 60 FR 4963, Jan. 25, 1995, unless otherwise noted.
Sec. 63.340 Applicability and designation of sources.
(a) The affected source to which the provisions of this subpart
apply is each chromium electroplating or chromium anodizing tank at
facilities performing hard chromium electroplating, decorative chromium
electroplating, or chromium anodizing.
(b) Owners or operators of affected sources subject to the
provisions of this subpart must also comply with the requirements of
subpart A of this part, according to the applicability of subpart A of
this part to such sources, as identified in Table 1 of this subpart.
(c) Process tanks associated with a chromium electroplating or
chromium anodizing process, but in which neither chromium electroplating
nor chromium anodizing is taking place, are not subject to the
provisions of this subpart. Examples of such tanks include, but are not
limited to, rinse tanks, etching tanks, and cleaning tanks. Likewise,
tanks that contain a chromium solution, but in which no electrolytic
process occurs, are not subject to this subpart. An example of such a
tank is a chrome conversion coating tank where no electrical current is
applied.
(d) Affected sources in which research and laboratory operations are
performed are exempt from the provisions of this subpart when such
operations are taking place.
(e)(1) The Administrator has determined, pursuant to the criteria
under section 502(a) of the Act, that an owner or operator of the
following types of operations that are not by themselves major sources
and that are not located at major sources, as defined under 40 CFR 70.2,
is permanently exempt from
[[Page 412]]
title V permitting requirements for that operation:
(i) Any decorative chromium electroplating operation or chromium
anodizing operation that uses fume suppressants as an emission reduction
technology; and
(ii) Any decorative chromium electroplating operation that uses a
trivalent chromium bath that incorporates a wetting agent as a bath
ingredient.
(2) If you are the owner or operator of a source subject to the
provisions of this subpart, you are also subject to title V permitting
requirements under 40 CFR parts 70 or 71, as applicable. Your title V
permitting authority may defer your source from these permitting
requirements until December 9, 2004, if your source is not a major
source and is not located at a major source as defined under 40 CFR
63.2, 70.2, or 71.2, and is not otherwise required to obtain a title V
permit. If you receive a deferral under this section, you must submit a
title V permit application by December 9, 2005. You must continue to
comply with the provisions of this subpart applicable to area sources,
even if you receive a deferral from title V permitting requirements.
[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996; 64
FR 69643, Dec. 14, 1999]
Sec. 63.341 Definitions and nomenclature.
(a) Definitions. Terms used in this subpart are defined in the Act,
in subpart A of this part, or in this section. For the purposes of
subpart N of this part, 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.
Add-on air pollution control device means equipment installed in the
ventilation system of chromium electroplating and anodizing tanks for
the purposes of collecting and containing chromium emissions from the
tank(s).
Air pollution control technique means any method, such as an add-on
air pollution control device or a chemical fume suppressant, that is
used to reduce chromium emissions from chromium electroplating and
chromium anodizing tanks.
Base metal means the metal or metal alloy that comprises the
workpiece.
Bath component means the trade or brand name of each component(s) in
trivalent chromium plating baths. For trivalent chromium baths, the bath
composition is proprietary in most cases. Therefore, the trade or brand
name for each component(s) can be used; however, the chemical name of
the wetting agent contained in that component must be identified.
Chemical fume suppressant means any chemical agent that reduces or
suppresses fumes or mists at the surface of an electroplating or
anodizing bath; another term for fume suppressant is mist suppressant.
Chromic acid means the common name for chromium anhydride
(CrO3).
Chromium anodizing means the electrolytic process by which an oxide
layer is produced on the surface of a base metal for functional purposes
(e.g., corrosion resistance or electrical insulation) using a chromic
acid solution. In chromium anodizing, the part to be anodized acts as
the anode in the electrical circuit, and the chromic acid solution, with
a concentration typically ranging from 50 to 100 grams per liter (g/L),
serves as the electrolyte.
Chromium electroplating or chromium anodizing tank means the
receptacle or container in which hard or decorative chromium
electroplating or chromium anodizing occurs.
Composite mesh-pad system means an add-on air pollution control
device typically consisting of several mesh-pad stages. The purpose of
the first stage is to remove large particles. Smaller particles are
removed in the second stage, which consists of the composite mesh pad. A
final stage may remove any reentrained particles not collected by the
composite mesh pad.
Decorative chromium electroplating means the process by which a thin
layer of chromium (typically 0.003 to 2.5 microns) is electrodeposited
on a base metal, plastic, or undercoating to provide a bright surface
with wear and tarnish resistance. In this process, the part(s) serves as
the cathode in the electrolytic cell and the solution serves as the
electrolyte. Typical current density applied during this process ranges
from 540 to 2,400 Amperes per
[[Page 413]]
square meter (A/m2) for total plating times ranging between
0.5 to 5 minutes.
Electroplating or anodizing bath means the electrolytic solution
used as the conducting medium in which the flow of current is
accompanied by movement of metal ions for the purposes of electroplating
metal out of the solution onto a workpiece or for oxidizing the base
material.
Emission limitation means, for the purposes of this subpart, the
concentration of total chromium allowed to be emitted expressed in
milligrams per dry standard cubic meter (mg/dscm), or the allowable
surface tension expressed in dynes per centimeter (dynes/cm).
Facility means the major or area source at which chromium
electroplating or chromium anodizing is performed.
Fiber-bed mist eliminator means an add-on air pollution control
device that removes contaminants from a gas stream through the
mechanisms of inertial impaction and Brownian diffusion. These devices
are typically installed downstream of another control device, which
serves to prevent plugging, and consist of one or more fiber beds. Each
bed consists of a hollow cylinder formed from two concentric screens;
the fiber between the screens may be fabricated from glass, ceramic
plastic, or metal.
Foam blanket means the type of chemical fume suppressant that
generates a layer of foam across the surface of a solution when current
is applied to that solution.
Fresh water means water, such as tap water, that has not been
previously used in a process operation or, if the water has been
recycled from a process operation, it has been treated and meets the
effluent guidelines for chromium wastewater.
Hard chromium electroplating or industrial chromium electroplating
means a process by which a thick layer of chromium (typically 1.3 to 760
microns) is electrodeposited on a base material to provide a surface
with functional properties such as wear resistance, a low coefficient of
friction, hardness, and corrosion resistance. In this process, the part
serves as the cathode in the electrolytic cell and the solution serves
as the electrolyte. Hard chromium electroplating process is performed at
current densities typically ranging from 1,600 to 6,500 A/m2
for total plating times ranging from 20 minutes to 36 hours depending
upon the desired plate thickness.
Hexavalent chromium means the form of chromium in a valence state of
+6.
Large, hard chromium electroplating facility means a facility that
performs hard chromium electroplating and has a maximum cumulative
potential rectifier capacity greater than or equal to 60 million ampere-
hours per year (amp-hr/yr).
Maximum cumulative potential rectifier capacity means the summation
of the total installed rectifier capacity associated with the hard
chromium electroplating tanks at a facility, expressed in amperes,
multiplied by the maximum potential operating schedule of 8,400 hours
per year and 0.7, which assumes that electrodes are energized 70 percent
of the total operating time. The maximum potential operating schedule is
based on operating 24 hours per day, 7 days per week, 50 weeks per year.
Operating parameter value means a minimum or maximum value
established for a control device or process parameter which, if achieved
by itself or in combination with one or more other operating parameter
values, determines that an owner or operator is in continual compliance
with the applicable emission limitation or standard.
Packed-bed scrubber means an add-on air pollution control device
consisting of a single or double packed bed that contains packing media
on which the chromic acid droplets impinge. The packed-bed section of
the scrubber is followed by a mist eliminator to remove any water
entrained from the packed-bed section.
Research or laboratory operation means an operation whose primary
purpose is for research and development of new processes and products,
that is conducted under the close supervision of technically trained
personnel, and that is not involved in the manufacture of products for
commercial sale in commerce, except in a de minimis manner.
Small, hard chromium electroplating facility means a facility that
performs hard chromium electroplating and has
[[Page 414]]
a maximum cumulative potential rectifier capacity less than 60 million
amp-hr/yr.
Stalagmometer means a device used to measure the surface tension of
a solution.
Surface tension means the property, due to molecular forces, that
exists in the surface film of all liquids and tends to prevent liquid
from spreading.
Tank operation means the time in which current and/or voltage is
being applied to a chromium electroplating tank or a chromium anodizing
tank.
Tensiometer means a device used to measure the surface tension of a
solution.
Trivalent chromium means the form of chromium in a valence state of
+3.
Trivalent chromium process means the process used for
electrodeposition of a thin layer of chromium onto a base material using
a trivalent chromium solution instead of a chromic acid solution.
Wetting agent means the type of chemical fume suppressant that
reduces the surface tension of a liquid.
(b) Nomenclature. The nomenclature used in this subpart has the
following meaning:
(1) AMR=the allowable mass emission rate from each type of affected
source subject to the same emission limitation in milligrams per hour
(mg/hr).
(2) AMRsys=the allowable mass emission rate from affected
sources controlled by an add-on air pollution control device controlling
emissions from multiple sources in mg/hr.
(3) EL=the applicable emission limitation from Sec. 63.342 in
milligrams per dry standard cubic meter (mg/dscm).
(4) IAtotal=the sum of all inlet duct areas from both
affected and nonaffected sources in meters squared.
(5) IDAi=the total inlet area for all ducts associated
with affected sources in meters squared.
(6) IDAi,a=the total inlet duct area for all ducts
conveying chromic acid from each type of affected source performing the
same operation, or each type of affected source subject to the same
emission limitation in meters squared.
(7) VR=the total of ventilation rates for each type of affected
source subject to the same emission limitation in dry standard cubic
meters per minute (dscm/min).
(8) VRinlet=the total ventilation rate from all inlet
ducts associated with affected sources in dscm/min.
(9) VRinlet,a=the total ventilation rate from all inlet
ducts conveying chromic acid from each type of affected source
performing the same operation, or each type of affected source subject
to the same emission limitation in dscm/min.
(10) VRtot=the average total ventilation rate for the
three test runs as determined at the outlet by means of the Method 306
in appendix A of this part testing in dscm/min.
Sec. 63.342 Standards.
(a) Each owner or operator of an affected source subject to the
provisions of this subpart shall comply with these requirements on and
after the compliance dates specified in Sec. 63.343(a). All affected
sources are regulated by applying maximum achievable control technology.
(b) Applicability of emission limits. (1) The emission limitations
in this section apply only during tank operation, and also apply during
periods of startup and shutdown as these are routine occurrences for
affected sources subject to this subpart. The emission limitations do
not apply during periods of malfunction, but the work practice standards
that address operation and maintenance and that are required by
paragraph (f) of this section must be followed during malfunctions.
(2) If an owner or operator is controlling a group of tanks with a
common add-on air pollution control device, the emission limitations of
paragraphs (c), (d), and (e) of this section apply whenever any one
affected source is operated. The emission limitation that applies to the
group of affected sources is:
(i) The emission limitation identified in paragraphs (c), (d), and
(e) of this section if the affected sources are performing the same type
of operation (e.g., hard chromium electroplating), are subject to the
same emission limitation, and are not controlled by an add-on air
pollution control device also controlling nonaffected sources;
(ii) The emission limitation calculated according to
Sec. 63.344(e)(3) if affected sources are performing the same
[[Page 415]]
type of operation, are subject to the same emission limitation, and are
controlled with an add-on air pollution control device that is also
controlling nonaffected sources; and
(iii) The emission limitation calculated according to
Sec. 63.344(e)(4) if affected sources are performing different types of
operations, or affected sources are performing the same operations but
subject to different emission limitations, and are controlled with an
add-on air pollution control device that may also be controlling
emissions from nonaffected sources.
(c)(1) Standards for hard chromium electroplating tanks. During tank
operation, each owner or operator of an existing, new, or reconstructed
affected source shall control chromium emissions discharged to the
atmosphere from that affected source by not allowing the concentration
of total chromium in the exhaust gas stream discharged to the atmosphere
to exceed:
(i) 0.015 milligrams of total chromium per dry standard cubic meter
(mg/dscm) of ventilation air (6.6x10-6 grains per dry
standard cubic foot [gr/dscf]); or
(ii) 0.03 mg/dscm (1.3x10-5 gr/dscf) if the hard chromium
electroplating tank is an existing affected source and is located at a
small, hard chromium electroplating facility.
(2)(i) An owner or operator may demonstrate the size of a hard
chromium electroplating facility through the definitions in
Sec. 63.341(a). Alternatively, an owner or operator of a facility with a
maximum cumulative potential rectifier capacity of 60 million amp-hr/yr
or more may be considered small if the actual cumulative rectifier
capacity is less than 60 million amp-hr/yr as demonstrated using the
following procedures:
(A) If records show that the facility's previous annual actual
rectifier capacity was less than 60 million amp-hr/yr, by using
nonresettable ampere-hr meters and keeping monthly records of actual
ampere-hr usage for each 12-month rolling period following the
compliance date in accordance with Sec. 63.346(b)(12). The actual
cumulative rectifier capacity for the previous 12-month rolling period
shall be tabulated monthly by adding the capacity for the current month
to the capacities for the previous 11 months; or
(B) By accepting a Federally-enforceable limit on the maximum
cumulative potential rectifier capacity of a hard chromium
electroplating facility and by maintaining monthly records in accordance
with Sec. 63.346(b)(12) to demonstrate that the limit has not been
exceeded. The actual cumulative rectifier capacity for the previous 12-
month rolling period shall be tabulated monthly by adding the capacity
for the current month to the capacities for the previous 11 months.
(ii) Once the monthly records required to be kept by
Sec. 63.346(b)(12) and by this paragraph show that the actual cumulative
rectifier capacity over the previous 12-month rolling period corresponds
to the large designation, the owner or operator is subject to the
emission limitation identified in paragraph (c)(1)(i) of this section,
in accordance with the compliance schedule of Sec. 63.343(a)(5).
(d) Standards for decorative chromium electroplating tanks using a
chromic acid bath and chromium anodizing tanks. During tank operation,
each owner or operator of an existing, new, or reconstructed affected
source shall control chromium emissions discharged to the atmosphere
from that affected source by either:
(1) Not allowing the concentration of total chromium in the exhaust
gas stream discharged to the atmosphere to exceed 0.01 mg/dscm
(4.4x10-6 gr/dscf); or
(2) If a chemical fume suppressant containing a wetting agent is
used, by not allowing the surface tension of the electroplating or
anodizing bath contained within the affected source to exceed 45 dynes
per centimeter (dynes/cm) (3.1x10-3 pound-force per foot
[lbf/ft]) at any time during operation of the tank.
(e) Standards for decorative chromium electroplating tanks using a
trivalent chromium bath. (1) Each owner or operator of an existing, new,
or reconstructed decorative chromium electroplating tank that uses a
trivalent chromium bath that incorporates a wetting agent as a bath
ingredient is subject to the recordkeeping and reporting requirements of
Secs. 63.346(b)(14) and
[[Page 416]]
63.347(i), but are not subject to the work practice requirements of
paragraph (f) of this section, or the continuous compliance monitoring
requirements in Sec. 63.343(c). The wetting agent must be an ingredient
in the trivalent chromium bath components purchased from vendors.
(2) Each owner or operator of an existing, new, or reconstructed
decorative chromium electroplating tank that uses a trivalent chromium
bath that does not incorporate a wetting agent as a bath ingredient is
subject to the standards of paragraph (d) of this section.
(3) Each owner or operator of existing, new, or reconstructed
decorative chromium electroplating tank that had been using a trivalent
chromium bath that incorporates a wetting agent and ceases using this
type of bath must fulfill the reporting requirements of
Sec. 63.347(i)(3) and comply with the applicable emission limitation
within the timeframe specified in Sec. 63.343(a)(7).
(f) Work practice standards. The work practice standards of this
section address operation and maintenance practices. All owners or
operators subject to the standards in paragraphs (c) and (d) of this
section are subject to these work practice standards.
(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 devices and
monitoring equipment, in a manner consistent with good air pollution
control practices, consistent with the operation and maintenance plan
required by paragraph (f)(3) of this section.
(ii) Malfunctions shall be corrected as soon as practicable after
their occurrence in accordance with the operation and maintenance plan
required by paragraph (f)(3) of this section.
(iii) Operation and maintenance requirements established pursuant to
section 112 of the Act are enforceable independent of emissions
limitations or other requirements in relevant standards.
(2)(i) 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 the operation and maintenance plan, procedures, and
records; and inspection of the source.
(ii) Based on the results of a determination made under paragraph
(f)(2)(i) of this section, the Administrator may require that an owner
or operator of an affected source make changes to the operation and
maintenance plan required by paragraph (f)(3) of this section for that
source. Revisions may be required if the Administrator finds that the
plan:
(A) Does not address a malfunction that has occurred;
(B) Fails to provide for the operation of the affected source, the
air pollution control techniques, or the control system and process
monitoring equipment during a malfunction in a manner consistent with
good air pollution control practices; or
(C) Does not provide adequate procedures for correcting
malfunctioning process equipment, air pollution control techniques, or
monitoring equipment as quickly as practicable.
(3) Operation and maintenance plan. (i) The owner or operator of an
affected source subject to the work practices of paragraph (f) of this
section shall prepare an operation and maintenance plan to be
implemented no later than the compliance date, except for hard chromium
electroplaters and chromium anodizing operations in California which
have until January 25, 1998. The plan shall be incorporated by reference
into the source's title V permit, if and when a title V permit is
required. The plan shall include the following elements:
(A) The plan shall specify the operation and maintenance criteria
for the affected source, the add-on air pollution control device (if
such a device is used to comply with the emission limits), and the
process and control system monitoring equipment, and shall include a
standardized checklist to document the operation and maintenance of this
equipment;
(B) For sources using an add-on air pollution control device or
monitoring equipment to comply with this subpart, the plan shall
incorporate the work practice standards for that device
[[Page 417]]
or monitoring equipment, as identified in Table 1 of this section, if
the specific equipment used is identified in Table 1 of this section;
(C) If the specific equipment used is not identified in Table 1 of
this section, the plan shall incorporate proposed work practice
standards. These proposed work practice standards shall be submitted to
the Administrator for approval as part of the submittal required under
Sec. 63.343(d);
(D) The plan shall specify procedures to be followed to ensure that
equipment or process malfunctions due to poor maintenance or other
preventable conditions do not occur; and
(E) The plan shall include a systematic procedure for identifying
malfunctions of process equipment, add-on air pollution control devices,
and process and control system monitoring equipment and for implementing
corrective actions to address such malfunctions.
(ii) If the operation and maintenance plan fails to address or
inadequately addresses an event that meets the characteristics of a
malfunction at the time the plan is initially developed, the owner or
operator shall revise the operation and maintenance plan within 45 days
after such an event occurs. The revised plan shall include procedures
for operating and maintaining the process equipment, add-on air
pollution control device, or monitoring equipment during similar
malfunction events, and a program for corrective action for such events.
(iii) Recordkeeping associated with the operation and maintenance
plan is identified in Sec. 63.346(b). Reporting associated with the
operation and maintenance plan is identified in Sec. 63.347 (g) and (h)
and paragraph (f)(3)(iv) of this section.
(iv) If actions taken by the owner or operator during periods of
malfunction are inconsistent with the procedures specified in the
operation and maintenance plan required by paragraph (f)(3)(i) of this
section, the owner or operator shall record the actions taken for that
event and shall report by phone such actions within 2 working days after
commencing actions inconsistent with the plan. This report shall be
followed by a letter within 7 working days after the end of the event,
unless the owner or operator makes alternative reporting arrangements,
in advance, with the Administrator.
(v) The owner or operator shall keep the written operation and
maintenance 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 source is no longer subject to the
provisions of this subpart. In addition, if the operation and
maintenance plan is revised, the owner or operator shall keep previous
(i.e., superseded) versions of the operation and maintenance 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 paragraph (f)(3) of this
section, the owner or operator may use applicable standard operating
procedure (SOP) manuals, Occupational Safety and Health Administration
(OSHA) plans, or other existing plans, provided the alternative plans
meet the requirements of this section.
(g) The standards in this section that apply to chromic acid baths
shall not be met by using a reducing agent to change the form of
chromium from hexavalent to trivalent.
Table 1 to Sec. 63.342--Summary of Work Practice Standards
------------------------------------------------------------------------
Control technique Work practice standards Frequency
------------------------------------------------------------------------
Composite mesh-pad (CMP) 1. Visually inspect 1. 1/quarter.
system. device to ensure there
is proper drainage, no
chronic acid buildup
on the pads, and no
evidence of chemical
attack on the
structural integrity
of the device.
2. Visually inspect 2. 1/quarter.
back portion of the
mesh pad closest to
the fan to ensure
there is no
breakthrough of
chromic acid mist.
3. Visually inspect 3. 1/quarter.
ductwork from tank to
the control device to
ensure there are no
leaks.
4. Perform washdown of 4. Per
the composite mesh- manufacturer.
pads in accordance
with manufacturers
recommendations.
[[Page 418]]
Packed-bed scrubber (PSB).... 1. Visually inspect 1. 1/quarter.
device to ensure there
is proper drainage, no
chromic acid buildup
on the packed beds,
and no evidence of
chemical attack on the
structural integrity
of the device.
2. Visually inspect 2. 1/quarter.
back portion of the
chevron blade mist
eliminator to ensure
that it is dry and
there is no
breakthrough of
chromic acid mist.
3. Same as number 3 3. 1/quarter.
above.
4. Add fresh makeup 4. Whenever
water to the top of makeup is
the packed bed a, b. added.
PBS/CMP system............... 1. Same as for CMP 1. 1/quarter.
system.
2. Same as for CMP 2. 1/quarter.
system.
3. Same as for CMP 3. 1/quarter.
system.
4. Same as for CMP 4. Per
system. manufacturer.
Fiber-bed mist eliminator c.. 1. Visually inspect 1. 1/quarter.
fiber-bed unit and
prefiltering device to
ensure there is proper
drainage, no chromic
acid buildup in the
units, and no evidence
of chemical attack on
the structural
integrity of the
devices.
2. Visually inspect 2. 1/quarter.
ductwork from tank or
tanks to the control
device to ensure there
are no leaks.
3. Perform washdown of 3. Per
fiber elements in manufacturer.
accordance with
manufacturers
recommendations.
Air pollution control device To be proposed by the To be proposed
(APCD) not listed in rule. source for approval by by the source
the Administrator. for approval by
the
Administrator.
------------------------------------------------------------------------
Monitoring Equipment
------------------------------------------------------------------------
Pitot tube................... Backflush with water, 1/quarter.
or remove from the
duct and rinse with
fresh water. Replace
in the duct and rotate
180 degrees to ensure
that the same zero
reading is obtained.
Check pitot tube ends
for damage. Replace
pitot tube if cracked
or fatigued.
Stalagmometer................ Follow manufacturers ................
recommendations.
------------------------------------------------------------------------
a If greater than 50 percent of the scrubber water is drained (e.g., for
maintenance purposes), makeup water may be added to the scrubber
basin.
b For horizontal-flow scrubbers, top is defined as the section of the
unit directly above the packing media such that the makeup water would
flow perpendicular to the air flow through the packing. For vertical-
flow units, the top is defined as the area downstream of the packing
material such that the makeup water would flow countercurrent to the
air flow through the unit.
c Work practice standards for the control device installed upstream of
the fiber-bed mist eliminator to prevent plugging do not apply as long
as the work practice standards for the fiber-bed unit are followed.
[60 FR 4963, Jan. 25, 1995; 60 FR 33122, June 27, 1995, as amended at 61
FR 27787, June 3, 1996; 62 FR 42920, Aug. 11, 1997]
Effective Date Note: At 68 FR 37347, June 23, 2003, Sec. 63.342 was
amended by revising paragraphs (f) introductory text, (3)(i)
introductory text, (B), (C) and the headings for Table 1 and its columns
effective August 22, 2003. For the convenience of the user, the revised
text is set forth as follows:
Sec. 63.342 Standards.
* * * * *
(f) Operation and maintenance practices. All owners or operators
subject to the standards in paragraphs (c) and (d) of this section are
subject to these operation and maintenance practices.
* * * * *
(3) Operation and maintenance plan.
(i) The owner or operator of an affected source subject to paragraph
(f) of this section shall prepare an operation and maintenance plan to
be implemented no later than the compliance date, except for hard
chromium electroplaters and the chromium anodizing operations in
California which have until January 25, 1998. The plan shall be
incorporated by reference into the source's title V permit, if and when
a title V permit is required. The plan shall include the following
elements:
* * * * *
(B) For sources using an add-on control device or monitoring
equipment to comply with this subpart, the plan shall incorporate the
operation and maintenance practices for that device or monitoring
equipment, as identified in Table 1 of this section, if the specific
equipment used is identified in Table 1 of this section;
(C) If the specific equipment used is not identified in Table 1 of
this section, the plan shall incorporate proposed operation and
maintenance practices. These proposed operation and maintenance
practices shall be
[[Page 419]]
submitted for approval as part of the submittal required under
Sec. 63.343(d);
* * * * *
Table 1 to Sec. 63.342.--Summary of Operation and Maintenance Practices
------------------------------------------------------------------------
Operation and
Control technique maintenance Frequency
practices
------------------------------------------------------------------------
* * * *
* * *
------------------------------------------------------------------------
Sec. 63.343 Compliance provisions.
(a) Compliance dates. (1) The owner or operator of an existing
affected source shall comply with the emission limitations in
Sec. 63.342 as follows:
(i) No later than 1 year after January 25, 1995, if the affected
source is a decorative chromium electroplating tank; and
(ii) No later than 2 years after January 25, 1995, if the affected
source is a hard chromium electroplating tank or a chromium anodizing
tank.
(2) The owner or operator of a new or reconstructed affected source
that has an initial startup after January 25, 1995, shall comply
immediately upon startup of the source. The owner or operator of a new
or reconstructed affected source that has an initial startup after
December 16, 1993 but before January 25, 1995, shall follow the
compliance schedule of Sec. 63.6(b)(1).
(3) The owner or operator of an existing area source that increases
actual or potential emissions of hazardous air pollutants such that the
area source becomes a major source must comply with the provisions for
existing major sources, including the reporting provisions of
Sec. 63.347(g), immediately upon becoming a major source.
(4) The owner or operator of a new area source (i.e., an area source
for which construction or reconstruction was commenced after December
16, 1993) that increases actual or potential emissions of hazardous air
pollutants such that the area source becomes a major source must comply
with the provisions for new major sources, immediately upon becoming a
major source.
(5) An owner or operator of an existing hard chromium electroplating
tank or tanks located at a small, hard chromium electroplating facility
that increases its maximum cumulative potential rectifier capacity, or
its actual cumulative rectifier capacity, such that the facility becomes
a large, hard chromium electroplating facility must comply with the
requirements of Sec. 63.342(c)(1)(i) for all hard chromium
electroplating tanks at the facility no later than 1 year after the
month in which monthly records required by Secs. 63.342(c)(2) and
63.346(b)(12) show that the large designation is met, or by the
compliance date specified in paragraph (a)(1)(ii) of this section,
whichever is later.
(6) Request for an extension of compliance. An owner or operator of
an affected source or sources that requests an extension of compliance
shall do so in accordance with this paragraph and the applicable
paragraphs of Sec. 63.6(i). When the owner or operator is requesting the
extension for more than one affected source located at the facility,
then only one request may be submitted for all affected sources at the
facility.
(i) The owner or operator of an existing affected source who is
unable to comply with a relevant standard under this subpart may request
that the Administrator (or a State, when the State has an approved part
70 permit program and the source is required to obtain a part 70 permit
under that program, or a State, when the State has been delegated the
authority to implement and enforce the emission standard for that
source) grant an extension allowing the owner or operator up to 1
additional year to comply with the standard for the affected source. The
owner or operator of an affected source who has requested an extension
of compliance under this paragraph and is otherwise required to obtain a
title V permit for the source shall apply for
[[Page 420]]
such permit or apply to have the 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 owner or operator's title V permit for the
affected source(s) according to the provisions of 40 CFR part 70 or 40
CFR part 71, whichever is applicable.
(ii) 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 6 months before the affected
source's compliance date as specified in this section.
(7) An owner or operator of a decorative chromium electroplating
tank that uses a trivalent chromium bath that incorporates a wetting
agent, and that ceases using the trivalent chromium process, must comply
with the emission limitation now applicable to the tank within 1 year of
switching bath operation.
(b) Methods to demonstrate initial compliance.
(1) Except as provided in paragraphs (b)(2) and (b)(3) of this
section, an owner or operator of an affected source subject to the
requirements of this subpart is required to conduct an initial
performance test as required under Sec. 63.7, except for hard chromium
electroplaters and chromium anodizing operations in California which
have until January 25, 1998, using the procedures and test methods
listed in Secs. 63.7 and 63.344.
(2) If the owner or operator of an affected source meets all of the
following criteria, an initial performance test is not required to be
conducted under this subpart:
(i) The affected source is a decorative chromium electroplating tank
or a chromium anodizing tank; and
(ii) A wetting agent is used in the plating or anodizing bath to
inhibit chromium emissions from the affected source; and
(iii) The owner or operator complies with the applicable surface
tension limit of Sec. 63.342(d)(2) as demonstrated through the
continuous compliance monitoring required by paragraph (c)(5)(ii) of
this section.
(3) If the affected source is a decorative chromium electroplating
tank using a trivalent chromium bath, and the owner or operator is
subject to the provisions of Sec. 63.342(e), an initial performance test
is not required to be conducted under this subpart.
(c) Monitoring to demonstrate continuous compliance. The owner or
operator of an affected source subject to the emission limitations of
this subpart shall conduct monitoring according to the type of air
pollution control technique that is used to comply with the emission
limitation. The monitoring required to demonstrate continuous compliance
with the emission limitations is identified in this section for the air
pollution control techniques expected to be used by the owners or
operators of affected sources.
(1) Composite mesh-pad systems. (i) During the initial performance
test, the owner or operator of an affected source, or a group of
affected sources under common control, complying with the emission
limitations in Sec. 63.342 through the use of a composite mesh-pad
system shall determine the outlet chromium concentration using the test
methods and procedures in Sec. 63.344(c), and shall establish as a site-
specific operating parameter the pressure drop across the system,
setting the value that corresponds to compliance with the applicable
emission limitation, using the procedures in Sec. 63.344(d)(5). An owner
or operator may conduct multiple performance tests to establish a range
of compliant pressure drop values, or may set as the compliant value the
average pressure drop measured over the three test runs of one
performance test and accept 1 inch of water column from this value as
the compliant range.
(ii) On and after the date on which the initial performance test is
required to be completed under Sec. 63.7, except for hard chromium
electroplaters and chromium anodizing operations in California which
have until January 25, 1998, the owner or operator of an affected
source, or group of affected sources under common control, shall monitor
and record the pressure drop across the composite mesh-pad system once
each day that any affected source is operating. To be in compliance with
[[Page 421]]
the standards, the composite mesh-pad system shall be operated within 1
inch of water column of the pressure drop value established during the
initial performance test, or shall be operated within the range of
compliant values for pressure drop established during multiple
performance tests.
(2) Packed-bed scrubber systems. (i) During the initial performance
test, the owner or operator of an affected source, or group of affected
sources under common control, complying with the emission limitations in
Sec. 63.342 through the use of a packed-bed scrubber system shall
determine the outlet chromium concentration using the procedures in
Sec. 63.344(c), and shall establish as site-specific operating
parameters the pressure drop across the system and the velocity pressure
at the common inlet of the control device, setting the value that
corresponds to compliance with the applicable emission limitation using
the procedures in Sec. 63.344(d) (4) and (5). An owner or operator may
conduct multiple performance tests to establish a range of compliant
operating parameter values. Alternatively, the owner or operator may set
as the compliant value the average pressure drop and inlet velocity
pressure measured over the three test runs of one performance test, and
accept 1 inch of water column from the pressure drop value and 10
percent from the velocity pressure value as the compliant range.
(ii) On and after the date on which the initial performance test is
required to be completed under Sec. 63.7, except for hard chromium
electroplaters and chromium anodizing operations in California which
have until January 25, 1998, the owner or operator of an affected
source, or group of affected sources under common control, shall monitor
and record the velocity pressure at the inlet to the packed-bed system
and the pressure drop across the scrubber system once each day that any
affected source is operating. To be in compliance with the standards,
the scrubber system shall be operated within 10 percent of the velocity
pressure value established during the initial performance test, and
within 1 inch of water column of the pressure drop value established
during the initial performance test, or within the range of compliant
operating parameter values established during multiple performance
tests.
(3) Packed-bed scrubber/composite mesh-pad system. The owner or
operator of an affected source, or group of affected sources under
common control, that uses a packed-bed scrubber in conjunction with a
composite mesh-pad system to meet the emission limitations of
Sec. 63.342 shall comply with the monitoring requirements for composite
mesh-pad systems as identified in paragraph (c)(1) of this section.
(4) Fiber-bed mist eliminator. (i) During the initial performance
test, the owner or operator of an affected source, or group of affected
sources under common control, complying with the emission limitations in
Sec. 63.342 through the use of a fiber-bed mist eliminator shall
determine the outlet chromium concentration using the procedures in
Sec. 63.344(c), and shall establish as a site-specific operating
parameter the pressure drop across the fiber-bed mist eliminator and the
pressure drop across the control device installed upstream of the fiber
bed to prevent plugging, setting the value that corresponds to
compliance with the applicable emission limitation using the procedures
in Sec. 63.344(d)(5). An owner or operator may conduct multiple
performance tests to establish a range of compliant pressure drop
values, or may set as the compliant value the average pressure drop
measured over the three test runs of one performance test and accept 1
inch of water column from this value as the compliant range.
(ii) On and after the date on which the initial performance test is
required to be completed under Sec. 63.7, except for hard chromium
electroplaters and chromium anodizing operations in California which
have until January 25, 1998, the owner or operator of an affected
source, or group of affected sources under common control, shall monitor
and record the pressure drop across the fiber-bed mist eliminator, and
the control device installed upstream of the fiber bed to prevent
plugging, once each day that any affected source is operating. To be in
compliance with the standards, the fiber-bed
[[Page 422]]
mist eliminator and the upstream control device shall be operated within
1 inch of water column of the pressure drop value established during
the initial performance test, or shall be operated within the range of
compliant values for pressure drop established during multiple
performance tests.
(5) Wetting agent-type or combination wetting agent-type/foam
blanket fume suppressants. (i) During the initial performance test, the
owner or operator of an affected source complying with the emission
limitations in Sec. 63.342 through the use of a wetting agent in the
electroplating or anodizing bath shall determine the outlet chromium
concentration using the procedures in Sec. 63.344(c). The owner or
operator shall establish as the site-specific operating parameter the
surface tension of the bath using Method 306B, appendix A of this part,
setting the maximum value that corresponds to compliance with the
applicable emission limitation. In lieu of establishing the maximum
surface tension during the performance test, the owner or operator may
accept 45 dynes/cm as the maximum surface tension value that corresponds
to compliance with the applicable emission limitation. However, the
owner or operator is exempt from conducting a performance test only if
the criteria of paragraph (b)(2) of this section are met.
(ii) On and after the date on which the initial performance test is
required to be completed under Sec. 63.7, except for hard chromium
electroplaters and chromium anodizing operations in California which
have until January 25, 1998, the owner or operator of an affected source
shall monitor the surface tension of the electroplating or anodizing
bath. Operation of the affected source at a surface tension greater than
the value established during the performance test, or greater than 45
dynes/cm if the owner or operator is using this value in accordance with
paragraph (c)(5)(i) of this section, shall constitute noncompliance with
the standards. The surface tension shall be monitored according to the
following schedule:
(A) The surface tension shall be measured once every 4 hours during
operation of the tank with a stalagmometer or a tensiometer as specified
in Method 306B, appendix A of this part.
(B) The time between monitoring can be increased if there have been
no exceedances. The surface tension shall be measured once every 4 hours
of tank operation for the first 40 hours of tank operation after the
compliance date. Once there are no exceedances during 40 hours of tank
operation, surface tension measurement may be conducted once every 8
hours of tank operation. Once there are no exceedances during 40 hours
of tank operation, surface tension measurement may be conducted once
every 40 hours of tank operation on an ongoing basis, until an
exceedance occurs. The minimum frequency of monitoring allowed by this
subpart is once every 40 hours of tank operation.
(C) Once an exceedance occurs as indicated through surface tension
monitoring, the original monitoring schedule of once every 4 hours must
be resumed. A subsequent decrease in frequency shall follow the schedule
laid out in paragraph (c)(5)(ii)(B) of this section. For example, if an
owner or operator had been monitoring an affected source once every 40
hours and an exceedance occurs, subsequent monitoring would take place
once every 4 hours of tank operation. Once an exceedance does not occur
for 40 hours of tank operation, monitoring can occur once every 8 hours
of tank operation. Once an exceedance does not occur for 40 hours of
tank operation on this schedule, monitoring can occur once every 40
hours of tank operation.
(iii) Once a bath solution is drained from the affected tank and a
new solution added, the original monitoring schedule of once every 4
hours must be resumed, with a decrease in monitoring frequency allowed
following the procedures of paragraphs (c)(5)(ii) (B) and (C) of this
section.
(6) Foam blanket-type fume suppressants. (i) During the initial
performance test, the owner or operator of an affected source complying
with the emission limitations in Sec. 63.342 through the use of a foam
blanket in the electroplating or anodizing bath shall determine the
outlet chromium concentration using the procedures in Sec. 63.344(c),
and shall establish as the
[[Page 423]]
site-specific operating parameter the thickness of the foam blanket,
setting the minimum thickness that corresponds to compliance with the
applicable emission limitation. In lieu of establishing the minimum foam
blanket thickness during the performance test, the owner or operator may
accept 2.54 centimeters (1 inch) as the minimum foam blanket thickness
that corresponds to compliance with the applicable emission limitation.
All foam blanket measurements must be taken in close proximity to the
workpiece or cathode area in the plating tank(s).
(ii) On and after the date on which the initial performance test is
required to be completed under Sec. 63.7, except for hard chromium
electroplaters and chromium anodizing operations in California which
have until January 25, 1998, the owner or operator of an affected source
shall monitor the foam blanket thickness of the electroplating or
anodizing bath. Operation of the affected source at a foam blanket
thickness less than the value established during the performance test,
or less than 2.54 cm (1 inch) if the owner or operator is using this
value in accordance with paragraph (c)(6)(i) of this section, shall
constitute noncompliance with the standards. The foam blanket thickness
shall be measured according to the following schedule:
(A) The foam blanket thickness shall be measured once every 1 hour
of tank operation.
(B) The time between monitoring can be increased if there have been
no exceedances. The foam blanket thickness shall be measured once every
hour of tank operation for the first 40 hours of tank operation after
the compliance date. Once there are no exceedances for 40 hours of tank
operation, foam blanket thickness measurement may be conducted once
every 4 hours of tank operation. Once there are no exceedances during 40
hours of tank operation, foam blanket thickness measurement may be
conducted once every 8 hours of tank operation on an ongoing basis,
until an exceedance occurs. The minimum frequency of monitoring allowed
by this subpart is once per 8 hours of tank operation.
(C) Once an exceedance occurs as indicated through foam blanket
thickness monitoring, the original monitoring schedule of once every
hour must be resumed. A subsequent decrease in frequency shall follow
the schedule laid out in paragraph (c)(6)(ii)(B) of this section. For
example, if an owner or operator had been monitoring an affected source
once every 8 hours and an exceedance occurs, subsequent monitoring would
take place once every hour of tank operation. Once an exceedance does
not occur for 40 hours of tank operation, monitoring can occur once
every 4 hours of tank operation. Once an exceedance does not occur for
40 hours of tank operation on this schedule, monitoring can occur once
every 8 hours of tank operation.
(iii) Once a bath solution is drained from the affected tank and a
new solution added, the original monitoring schedule of once every hour
must be resumed, with a decrease in monitoring frequency allowed
following the procedures of paragraphs (c)(6)(ii) (B) and (C) of this
section.
(7) Fume suppressant/add-on control device. (i) If the owner or
operator of an affected source uses both a fume suppressant and add-on
control device and both are needed to comply with the applicable
emission limit, monitoring requirements as identified in paragraphs (c)
(1) through (6) of this section, and the work practice standards of
Table 1 of Sec. 63.342, apply for each of the control techniques used.
(ii) If the owner or operator of an affected source uses both a fume
suppressant and add-on control device, but only one of these techniques
is needed to comply with the applicable emission limit, monitoring
requirements as identified in paragraphs (c) (1) through (6) of this
section, and work practice standards of Table 1 of Sec. 63.342, apply
only for the control technique used to achieve compliance.
(8) Use of an alternative monitoring method. (i) Requests and
approvals of alternative monitoring methods shall be considered in
accordance with Sec. 63.8(f)(1), (f)(3), (f)(4), and (f)(5).
(ii) After receipt and consideration of an application for an
alternative monitoring method, the Administrator may approve
alternatives to any monitoring methods or procedures of this subpart
[[Page 424]]
including, but not limited to, the following:
(A) Alternative monitoring requirements when installation or use of
monitoring devices specified in this subpart would not provide accurate
measurements due to interferences caused by substances within the
effluent gases; or
(B) Alternative locations for installing monitoring devices when the
owner or operator can demonstrate that installation at alternate
locations will enable accurate and representative measurements.
(d) An owner or operator who uses an air pollution control device
not listed in this section shall submit a description of the device,
test results collected in accordance with Sec. 63.344(c) verifying the
performance of the device for reducing chromium emissions to the
atmosphere to the level required by this subpart, a copy of the
operation and maintenance plan referenced in Sec. 63.342(f) including
proposed work practice standards, and appropriate operating parameters
that will be monitored to establish continuous compliance with the
standards. The monitoring plan submitted identifying the continuous
compliance monitoring is subject to the Administrator's approval.
[60 FR 4963, Jan. 25, 1995; 60 FR 33122, June 27, 1995, as amended at 62
FR 42920, Aug. 11, 1997]
Effective Date Note: At 68 FR 37347, June 23, 2003, Sec. 63.343 was
amended by revising paragraph (d) effective August 22, 2003. For the
convenience of the user, the revised text is set forth as follows:
Sec. 63.343 Compliance provisions.
* * * * *
(d) An owner or operator who uses an air pollution control device
not listed in this section shall submit a description of the device,
test results collected in accordance with Sec. 63.344(c) verifying the
performance of the device for reducing chromium emissions to the
atmosphere to the level required by this subpart, a copy of the
operation and maintenance plan referenced in Sec. 63.342(f) including
operation and maintenance practices, and appropriate operating
parameters that will be monitored to establish continuous compliance
with the standards. The monitoring plan submitted identifying the
continuous compliance monitoring is subject to the Administrator's
approval.
Sec. 63.344 Performance test requirements and test methods.
(a) Performance test requirements. Performance tests shall be
conducted using the test methods and procedures in this section and
Sec. 63.7. Performance test results shall be documented in complete test
reports that contain the information required by paragraphs (a)(1)
through (a)(9) of this section. The test plan to be followed shall be
made available to the Administrator prior to the testing, if requested.
(1) A brief process description;
(2) Sampling location description(s);
(3) A description of sampling and analytical procedures and any
modifications to standard procedures;
(4) Test results;
(5) Quality assurance procedures and results;
(6) Records of operating conditions during the test, preparation of
standards, and calibration procedures;
(7) Raw data sheets for field sampling and field and laboratory
analyses;
(8) Documentation of calculations; and
(9) Any other information required by the test method.
(b)(1) If the owner or operator of an affected source conducts
performance testing at startup to obtain an operating permit in the
State in which the affected source is located, the results of such
testing may be used to demonstrate compliance with this subpart if:
(i) The test methods and procedures identified in paragraph (c) of
this section were used during the performance test;
(ii) The performance test was conducted under representative
operating conditions for the source;
(iii) The performance test report contains the elements required by
paragraph (a) of this section; and
(iv) The owner or operator of the affected source for which the
performance test was conducted has sufficient data to establish the
operating parameter value(s) that correspond to compliance with the
standards, as required for continuous compliance monitoring under
Sec. 63.343(c).
(2) The results of tests conducted prior to December 1991 in which
Method 306A, appendix A of this part, was
[[Page 425]]
used to demonstrate the performance of a control technique are not
acceptable.
(c) Test methods. Each owner or operator subject to the provisions
of this subpart and required by Sec. 63.343(b) to conduct an initial
performance test shall use the test methods identified in this section
to demonstrate compliance with the standards in Sec. 63.342.
(1) Method 306 or Method 306A, ``Determination of Chromium Emissions
From Decorative and Hard Chromium Electroplating and Anodizing
Operations,'' appendix A of this part shall be used to determine the
chromium concentration from hard or decorative chromium electroplating
tanks or chromium anodizing tanks. The sampling time and sample volume
for each run of Methods 306 and 306A, appendix A of this part shall be
at least 120 minutes and 1.70 dscm (60 dscf), respectively. Methods 306
and 306A, appendix A of this part allow the measurement of either total
chromium or hexavalent chromium emissions. For the purposes of this
standard, sources using chromic acid baths can demonstrate compliance
with the emission limits of Sec. 63.342 by measuring either total
chromium or hexavalent chromium. Hence, the hexavalent chromium
concentration measured by these methods is equal to the total chromium
concentration for the affected operations.
(2) The California Air Resources Board (CARB) Method 425 (which is
available by contacting the California Air Resources Board, 1102 Q
Street, Sacramento, California 95814) may be used to determine the
chromium concentration from hard and decorative chromium electroplating
tanks and chromium anodizing tanks if the following conditions are met:
(i) If a colorimetric analysis method is used, the sampling time and
volume shall be sufficient to result in 33 to 66 micrograms of catch in
the sampling train.
(ii) If Atomic Absorption Graphite Furnace (AAGF) or Ion
Chromatography with a Post-column Reactor (ICPCR) analyses were used,
the sampling time and volume should be sufficient to result in a sample
catch that is 5 to 10 times the minimum detection limit of the
analytical method (i.e., 1.0 microgram per liter of sample for AAGF and
0.5 microgram per liter of sample for ICPCR).
(iii) In the case of either paragraph (c)(2) (i) or (ii) of this
section, a minimum of 3 separate runs must be conducted. The other
requirements of Sec. 63.7 that apply to affected sources, as indicated
in Table 1 of this subpart, must also be met.
(3) Method 306B, ``Surface Tension Measurement and Recordkeeping for
Tanks Used at Decorative Chromium Electroplating and Anodizing
Facilities,'' appendix A of this part shall be used to measure the
surface tension of electroplating and anodizing baths.
(4) Alternate test methods may also be used if the method has been
validated using Method 301, appendix A of this part and if approved by
the Administrator. Procedures for requesting and obtaining approval are
contained in Sec. 63.7(f).
(d) Establishing site-specific operating parameter values. (1) Each
owner or operator required to establish site-specific operating
parameters shall follow the procedures in this section.
(2) All monitoring equipment shall be installed such that
representative measurements of emissions or process parameters from the
affected source are obtained. For monitoring equipment purchased from a
vendor, verification of the operational status of the monitoring
equipment shall include execution of the manufacturer's written
specifications or recommendations for installation, operation, and
calibration of the system.
(i) Specifications for differential pressure measurement devices
used to measure velocity pressure shall be in accordance with section
2.2 of Method 2 (40 CFR part 60, appendix A).
(ii) Specification for differential pressure measurement devices
used to measure pressure drop across a control system shall be in
accordance with manufacturer's accuracy specifications.
(3) The surface tension of electroplating and anodizing baths shall
be measured using Method 306B, ``Surface Tension Measurement and
Recordkeeping for Tanks used at Decorative Chromium Electroplating and
Anodizing Facilities,'' appendix A of this
[[Page 426]]
part. This method should also be followed when wetting agent type or
combination wetting agent/foam blanket type fume suppressants are used
to control chromium emissions from a hard chromium electroplating tank
and surface tension measurement is conducted to demonstrate continuous
compliance.
(4) The owner or operator of a source required to measure the
velocity pressure at the inlet to an add-on air pollution control device
in accordance with Sec. 63.343(c)(2), shall establish the site-specific
velocity pressure as follows:
(i) Locate a velocity traverse port in a section of straight duct
that connects the hooding on the plating tank or tanks with the control
device. The port shall be located as close to the control system as
possible, and shall be placed a minimum of 2 duct diameters downstream
and 0.5 diameter upstream of any flow disturbance such as a bend,
expansion, or contraction (see Method 1, 40 CFR part 60, appendix A). If
2.5 diameters of straight duct work does not exist, locate the port 0.8
of the duct diameter downstream and 0.2 of the duct diameter upstream
from any flow disturbance.
(ii) A 12-point velocity traverse of the duct to the control device
shall be conducted along a single axis according to Method 2 (40 CFR
part 60, appendix A) using an S-type pitot tube; measurement of the
barometric pressure and duct temperature at each traverse point is not
required, but is suggested. Mark the S-type pitot tube as specified in
Method 1 (40 CFR part 60, appendix A) with 12 points. Measure the
velocity pressure ([Delta] p) values for the velocity points and record.
Determine the square root of the individual velocity point [Delta] p
values and average. The point with the square root value that comes
closest to the average square root value is the point of average
velocity. The [Delta] p value measured for this point during the
performance test will be used as the reference for future monitoring.
(5) The owner or operator of a source required to measure the
pressure drop across the add-on air pollution control device in
accordance with Sec. 63.343(c) (1) through (4) may establish the
pressure drop in accordance with the following guidelines:
(i) Pressure taps shall be installed at any of the following
locations:
(A) At the inlet and outlet of the control system. The inlet tap
should be installed in the ductwork just prior to the control device and
the corresponding outlet pressure tap should be installed on the outlet
side of the control device prior to the blower or on the downstream side
of the blower;
(B) On each side of the packed bed within the control system or on
each side of each mesh pad within the control system; or
(C) On the front side of the first mesh pad and back side of the
last mesh pad within the control system.
(ii) Pressure taps shall be sited at locations that are:
(A) Free from pluggage as possible and away from any flow
disturbances such as cyclonic demisters.
(B) Situated such that no air infiltration at measurement site will
occur that could bias the measurement.
(iii) Pressure taps shall be constructed of either polyethylene,
polybutylene, or other nonreactive materials.
(iv) Nonreactive plastic tubing shall be used to connect the
pressure taps to the device used to measure pressure drop.
(v) Any of the following pressure gauges can be used to monitor
pressure drop: a magnehelic gauge, an inclined manometer, or a ``U''
tube manometer.
(vi) Prior to connecting any pressure lines to the pressure
gauge(s), each gauge should be zeroed. No calibration of the pressure
gauges is required.
(e) Special compliance provisions for multiple sources controlled by
a common add-on air pollution control device. (1) This section
identifies procedures for measuring the outlet chromium concentration
from an add-on air pollution control device that is used to control
multiple sources that may or may not include sources not affected by
this subpart.
(2) When multiple affected sources performing the same type of
operation (e.g., all are performing hard chromium electroplating), and
subject to the same emission limitation, are controlled with an add-on
air pollution
[[Page 427]]
control device that is not controlling emissions from any other type of
affected operation or from any nonaffected sources, the applicable
emission limitation identified in Sec. 63.342 must be met at the outlet
of the add-on air pollution control device.
(3) When multiple affected sources performing the same type of
operation and subject to the same emission limitation are controlled
with a common add-on air pollution control device that is also
controlling emissions from sources not affected by these standards, the
following procedures should be followed to determine compliance with the
applicable emission limitation in Sec. 63.342:
(i) Calculate the cross-sectional area of each inlet duct (i.e.,
uptakes from each hood) including those not affected by the standard.
(ii) Determine the total sample time per test run by dividing the
total inlet area from all tanks connected to the control system by the
total inlet area for all ducts associated with affected sources, and
then multiply this number by 2 hours. The calculated time is the minimum
sample time required per test run.
(iii) Perform Method 306 testing and calculate an outlet mass
emission rate.
(iv) Determine the total ventilation rate from the affected sources
by using equation 1:
[GRAPHIC] [TIFF OMITTED] TR25JA95.000
where VRtot is the average total ventilation rate in dscm/min
for the three test runs as determined at the outlet by means of the
Method 306 testing; IDAi is the total inlet area for all
ducts associated with affected sources; IAtotal is the sum of
all inlet duct areas from both affected and nonaffected sources; and
VRinlet is the total ventilation rate from all inlet ducts
associated with affected sources.
(v) Establish the allowable mass emission rate of the system
(AMRsys) in milligrams of total chromium per hour (mg/hr)
using equation 2:
[GRAPHIC] [TIFF OMITTED] TR25JA95.001
where [Sigma] VRinlet is the total ventilation rate in dscm/
min from the affected sources, and EL is the applicable emission
limitation from Sec. 63.342 in mg/dscm. The allowable mass emission rate
(AMRsys) calculated from equation 2 should be equal to or
more than the outlet three-run average mass emission rate determined
from Method 306 testing in order for the source to be in compliance with
the standard.
(4) When multiple affected sources performing different types of
operations (e.g., hard chromium electroplating, decorative chromium
electroplating, or chromium anodizing) are controlled by a common add-on
air pollution control device that may or may not also be controlling
emissions from sources not affected by these standards, or if the
affected sources controlled by the common add-on air pollution control
device perform the same operation but are subject to different emission
limitations (e.g., because one is a new hard chromium plating tank and
one is an existing small, hard chromium plating tank), the following
procedures should be followed to determine compliance with the
applicable emission limitation in Sec. 63.342:
(i) Follow the steps outlined in paragraphs (e)(3)(i) through
(e)(3)(iii) of this section.
(ii) Determine the total ventilation rate for each type of affected
source using equation 3:
[GRAPHIC] [TIFF OMITTED] TR25JA95.002
where VRtot is the average total ventilation rate in dscm/min
for the three test runs as determined at the outlet by means of the
Method 306 testing; IDAi,a is the total inlet duct area for
all ducts conveying chromic acid from each type of affected source
performing
[[Page 428]]
the same operation, or each type of affected source subject to the same
emission limitation; IAtotal is the sum of all duct areas
from both affected and nonaffected sources; and VRinlet,a is
the total ventilation rate from all inlet ducts conveying chromic acid
from each type of affected source performing the same operation, or each
type of affected source subject to the same emission limitation.
(iii) Establish the allowable mass emission rate in mg/hr for each
type of affected source that is controlled by the add-on air pollution
control device using equation 4, 5, 6, or 7 as appropriate:
VRhc1 x ELhc1 x 60 minutes/hour =
AMRhc1 (4)
VRhc2 x ELhc2 x 60 minutes/hour =
AMRhc2 (5)
VRdc x ELdc x 60 minutes/hour =
AMRdc (6)
VRca x ELca x 60 minutes/hour =
AMRca (7)
where ``hc'' applies to the total of ventilation rates for all hard
chromium electroplating tanks subject to the same emission limitation,
``dc'' applies to the total of ventilation rates for the decorative
chromium electroplating tanks, ``ca'' applies to the total of
ventilation rates for the chromium anodizing tanks, and EL is the
applicable emission limitation from Sec. 63.342 in mg/dscm. There are
two equations for hard chromium electroplating tanks because different
emission limitations may apply (e.g., a new tank versus an existing,
small tank).
(iv) Establish the allowable mass emission rate (AMR) in mg/hr for
the system using equation 8, including each type of affected source as
appropriate:
AMRhc1 + AMRhc2 + AMRdc +
AMRca = AMRsys (8)
The allowable mass emission rate calculated from equation 8 should be
equal to or more than the outlet three-run average mass emission rate
determined from Method 306 testing in order for the source to be in
compliance with the standards.
(5) Each owner or operator that uses the special compliance
provisions of this paragraph to demonstrate compliance with the emission
limitations of Sec. 63.342 shall submit the measurements and
calculations to support these compliance methods with the notification
of compliance status required by Sec. 63.347(e).
(6) Each owner or operator that uses the special compliance
provisions of this section to demonstrate compliance with the emission
limitations of Sec. 63.342 shall repeat these procedures if a tank is
added or removed from the control system regardless of whether that tank
is a nonaffected source. If the new nonaffected tank replaces an
existing nonaffected tank of the same size and is connected to the
control system through the same size inlet duct then this procedure does
not have to be repeated.
[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996]
Sec. 63.345 Provisions for new and reconstructed sources.
(a) This section identifies the preconstruction review requirements
for new and reconstructed affected sources that are subject to, or
become subject to, this subpart.
(b) New or reconstructed affected sources. The owner or operator of
a new or reconstructed affected source is subject to Sec. 63.5(a),
(b)(1), (b)(5), (b)(6), and (f)(1), as well as the provisions of this
paragraph.
(1) After January 25, 1995, 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 this subpart, or reconstruct a
source such that it becomes an affected source subject to this subpart,
without submitting a notification of construction or reconstruction to
the Administrator. The notification shall contain the information
identified in paragraphs (b) (2) and (3) of this section, as
appropriate.
(2) The notification of construction or reconstruction required
under paragraph (b)(1) of this section shall include:
(i) The owner or operator's name, title, and address;
[[Page 429]]
(ii) The address (i.e., physical location) or proposed address of
the affected source if different from the owner's or operator's;
(iii) A notification of intention to construct a new affected source
or make any physical or operational changes to an affected source that
may meet or has been determined to meet the criteria for a
reconstruction as defined in Sec. 63.2;
(iv) An identification of subpart N of this part as the basis for
the notification;
(v) The expected commencement and completion dates of the
construction or reconstruction;
(vi) The anticipated date of (initial) startup of the affected
source;
(vii) The type of process operation to be performed (hard or
decorative chromium electroplating, or chromium anodizing);
(viii) A description of the air pollution control technique to be
used to control emissions from the affected source, such as preliminary
design drawings and design capacity if an add-on air pollution control
device is used; and
(ix) An estimate of emissions from the source based on engineering
calculations and vendor information on control device efficiency,
expressed in units consistent with the emission limits of this subpart.
Calculations of emission estimates should be in sufficient detail to
permit assessment of the validity of the calculations.
(3) If a reconstruction is to occur, the notification required under
paragraph (b)(1) of this section shall include the following in addition
to the information required in paragraph (b)(2) of this section:
(i) A brief description of the affected source and the components to
be replaced;
(ii) A brief description of the present and proposed emission
control technique, including the information required by paragraphs
(b)(2) (viii) and (ix) of this section;
(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 notification 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 requirements, the
owner or operator need not submit the information required in paragraphs
(b)(3) (iii) through (v) of this section.
(4) The owner or operator of a new or reconstructed affected source
that submits a notification in accordance with paragraphs (b) (1)
through (3) of this section is not subject to approval by the
Administrator. Construction or reconstruction is subject only to
notification and can begin upon submission of a complete notification.
(5) Submittal timeframes. After January 25, 1995, 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 of a new or
reconstructed affected source shall submit the notification of
construction or reconstruction required by paragraph (b)(1) of this
section according to the following schedule:
(i) If construction or reconstruction commences after January 25,
1995, the notification shall be submitted as soon as practicable before
the construction or reconstruction is planned to commence.
(ii) If the construction or reconstruction had commenced and initial
startup had not occurred before January 25, 1995, the notification shall
be submitted as soon as practicable before startup but no later than 60
days after January 25, 1995.
[[Page 430]]
Sec. 63.346 Recordkeeping requirements.
(a) The owner or operator of each affected source subject to these
standards shall fulfill all recordkeeping requirements outlined in this
section and in the General Provisions to 40 CFR part 63, according to
the applicability of subpart A of this part as identified in Table 1 of
this subpart.
(b) The owner or operator of an affected source subject to the
provisions of this subpart shall maintain the following records for such
source:
(1) Inspection records for the add-on air pollution control device,
if such a device is used, and monitoring equipment, to document that the
inspection and maintenance required by the work practice standards of
Sec. 63.342(f) and Table 1 of Sec. 63.342 have taken place. The record
can take the form of a checklist and should identify the device
inspected, the date of inspection, a brief description of the working
condition of the device during the inspection, and any actions taken to
correct deficiencies found during the inspection.
(2) Records of all maintenance performed on the affected source, the
add-on air pollution control device, and monitoring equipment;
(3) Records of the occurrence, duration, and cause (if known) of
each malfunction of process, add-on air pollution control, and
monitoring equipment;
(4) Records of actions taken during periods of malfunction when such
actions are inconsistent with the operation and maintenance plan;
(5) Other records, which may take the form of checklists, necessary
to demonstrate consistency with the provisions of the operation and
maintenance plan required by Sec. 63.342(f)(3);
(6) Test reports documenting results of all performance tests;
(7) All measurements as may be necessary to determine the conditions
of performance tests, including measurements necessary to determine
compliance with the special compliance procedures of Sec. 63.344(e);
(8) Records of monitoring data required by Sec. 63.343(c) that are
used to demonstrate compliance with the standard including the date and
time the data are collected;
(9) The specific identification (i.e., the date and time of
commencement and completion) of each period of excess emissions, as
indicated by monitoring data, that occurs during malfunction of the
process, add-on air pollution control, or monitoring equipment;
(10) The specific identification (i.e., the date and time of
commencement and completion) of each period of excess emissions, as
indicated by monitoring data, that occurs during periods other than
malfunction of the process, add-on air pollution control, or monitoring
equipment;
(11) The total process operating time of the affected source during
the reporting period;
(12) Records of the actual cumulative rectifier capacity of hard
chromium electroplating tanks at a facility expended during each month
of the reporting period, and the total capacity expended to date for a
reporting period, if the owner or operator is using the actual
cumulative rectifier capacity to determine facility size in accordance
with Sec. 63.342(c)(2);
(13) For sources using fume suppressants to comply with the
standards, records of the date and time that fume suppressants are added
to the electroplating or anodizing bath;
(14) For sources complying with Sec. 63.342(e), records of the bath
components purchased, with the wetting agent clearly identified as a
bath constituent contained in one of the components;
(15) Any information demonstrating whether a source is meeting the
requirements for a waiver of recordkeeping or reporting requirements, if
the source has been granted a waiver under Sec. 63.10(f); and
(16) All documentation supporting the notifications and reports
required by Sec. 63.9, Sec. 63.10, and Sec. 63.347.
(c) All records shall be maintained for a period of 5 years in
accordance with Sec. 63.10(b)(1).
Sec. 63.347 Reporting requirements.
(a) The owner or operator of each affected source subject to these
standards shall fulfill all reporting requirements outlined in this
section and in the General Provisions to 40 CFR part
[[Page 431]]
63, according to the applicability of subpart A as identified in Table 1
of this subpart. These reports shall be made to the Administrator at the
appropriate address as identified in Sec. 63.13 or to the delegated
State authority.
(1) Reports required by subpart A of this part and this section may
be sent by U.S. mail, fax, or by another courier.
(i) Submittals sent by U.S. mail shall be postmarked on or before
the specified date.
(ii) Submittals sent by other methods shall be received by the
Administrator on or before the specified date.
(2) If acceptable to both the Administrator and the owner or
operator of an affected source, reports may be submitted on electronic
media.
(b) The reporting requirements of this section apply to the owner or
operator of an affected source when such source becomes subject to the
provisions of this subpart.
(c) Initial notifications. (1) The owner or operator of an affected
source that has an initial startup before January 25, 1995, shall notify
the Administrator in writing that the source is subject to this subpart.
The notification shall be submitted no later than 180 calendar days
after January 25, 1995, and shall contain the following information:
(i) The name, title, and address of the owner or operator;
(ii) The address (i.e., physical location) of each affected source;
(iii) A statement that subpart N of this part is the basis for this
notification;
(iv) Identification of the applicable emission limitation and
compliance date for each affected source;
(v) A brief description of each affected source, including the type
of process operation performed;
(vi) For sources performing hard chromium electroplating, the
maximum potential cumulative potential rectifier capacity;
(vii) For sources performing hard chromium electroplating, a
statement of whether the affected source(s) is located at a small or a
large, hard chromium electroplating facility and whether this will be
demonstrated through actual or maximum potential cumulative rectifier
capacity;
(viii) For sources performing hard chromium electroplating tanks, a
statement of whether the owner or operator of an affected source(s) will
limit the maximum potential cumulative rectifier capacity in accordance
with Sec. 63.342(c)(2) such that the hard chromium electroplating
facility is considered small; and
(ix) A statement of whether the affected source is located at a
major source or an area source as defined in Sec. 63.2.
(2) The owner or operator of a new or reconstructed affected source
that has an initial startup after January 25, 1995 shall submit an
initial notification (in addition to the notification of construction or
reconstruction required by Sec. 63.345(b) as follows:
(i) A notification of the date when construction or reconstruction
was commenced, shall be submitted simultaneously with the notification
of construction or reconstruction, if construction or reconstruction was
commenced before January 25, 1995;
(ii) A notification of the date when construction or reconstruction
was commenced, shall be submitted no later than 30 calendar days after
such date, if construction or reconstruction was commenced after January
25, 1995; and
(iii) A notification of the actual date of startup of the source
shall be submitted within 30 calendar days after such date.
(d) 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 test is scheduled to begin to allow the Administrator 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 test as scheduled, the provisions of Sec. 63.7(b)(2) apply.
(e) Notification of compliance status. (1) A notification of
compliance status is required each time that an affected source becomes
subject to the requirements of this subpart.
[[Page 432]]
(2) If the State in which the source is located has not been
delegated the authority to implement the rule, each time a notification
of compliance status is required under this part, the owner or operator
of an affected source shall submit to the Administrator a notification
of compliance status, signed by the responsible official (as defined in
Sec. 63.2) who shall certify its accuracy, attesting to whether the
affected source has complied with this subpart. If the State has been
delegated the authority, the notification of compliance status shall be
submitted to the appropriate authority. The notification shall list for
each affected source:
(i) The applicable emission limitation and the methods that were
used to determine compliance with this limitation;
(ii) If a performance test is required by this subpart, the test
report documenting the results of the performance test, which contains
the elements required by Sec. 63.344(a), including measurements and
calculations to support the special compliance provisions of
Sec. 63.344(e) if these are being followed;
(iii) The type and quantity of hazardous air pollutants emitted by
the source reported in mg/dscm or mg/hr if the source is using the
special provisions of Sec. 63.344(e) to comply with the standards. (If
the owner or operator is subject to the construction and reconstruction
provisions of Sec. 63.345 and had previously submitted emission
estimates, the owner or operator shall state that this report corrects
or verifies the previous estimate.) For sources not required to conduct
a performance test in accordance with Sec. 63.343(b), the surface
tension measurement may fulfill this requirement;
(iv) For each monitored parameter for which a compliant value is to
be established under Sec. 63.343(c), the specific operating parameter
value, or range of values, that corresponds to compliance with the
applicable emission limit;
(v) The methods that will be used to determine continuous
compliance, including a description of monitoring and reporting
requirements, if methods differ from those identified in this subpart;
(vi) A description of the air pollution control technique for each
emission point;
(vii) A statement that the owner or operator has completed and has
on file the operation and maintenance plan as required by the work
practice standards in Sec. 63.342(f);
(viii) If the owner or operator is determining facility size based
on actual cumulative rectifier capacity in accordance with
Sec. 63.342(c)(2), records to support that the facility is small. For
existing sources, records from any 12-month period preceding the
compliance date shall be used or a description of how operations will
change to meet a small designation shall be provided. For new sources,
records of projected rectifier capacity for the first 12-month period of
tank operation shall be used;
(ix) A statement by the owner or operator of the affected source as
to whether the source has complied with the provisions of this subpart.
(3) For sources required to conduct a performance test by
Sec. 63.343(b), the notification of compliance status shall be submitted
to the Administrator no later than 90 calendar days following completion
of the compliance demonstration required by Sec. 63.7 and
Sec. 63.343(b).
(4) For sources that are not required to complete a performance test
in accordance with Sec. 63.343(b), the notification of compliance status
shall be submitted to the Administrator no later than 30 days after the
compliance date specified in Sec. 63.343(a), except the date on which
sources in California shall monitor the surface tension of the anodizing
bath is extended to January 25, 1998.
(f) Reports of performance test results. (1) If the State in which
the source is located has not been delegated the authority to implement
the rule, the owner or operator of an affected source shall report to
the Administrator the results of any performance test conducted as
required by Sec. 63.7 or Sec. 63.343(b). If the State has been delegated
the authority, the owner or operator of an affected source should report
performance test results to the appropriate authority.
(2) Reports of performance test results shall be submitted no later
than
[[Page 433]]
90 days following the completion of the performance test, and shall be
submitted as part of the notification of compliance status required by
paragraph (e) of this section.
(g) Ongoing compliance status reports for major sources. (1) The
owner or operator of an affected source that is located at a major
source site shall submit a summary report to the Administrator to
document the ongoing compliance status of the affected source. The
report shall contain the information identified in paragraph (g)(3) of
this section, and shall be submitted semiannually except when:
(i) 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
(ii) The monitoring data collected by the owner or operator of the
affected source in accordance with Sec. 63.343(c) show that the emission
limit has been exceeded, in which case quarterly reports shall be
submitted. Once an owner or operator of an affected source reports an
exceedance, ongoing compliance status reports shall be submitted
quarterly until a request to reduce reporting frequency under paragraph
(g)(2) of this section is approved.
(2) Request to reduce frequency of ongoing compliance status
reports. (i) An owner or operator who is required to submit ongoing
compliance status reports on a quarterly (or more frequent basis) may
reduce the frequency of reporting to semiannual if all of the following
conditions are met:
(A) For 1 full year (e.g., 4 quarterly or 12 monthly reporting
periods), the ongoing compliance status reports demonstrate that the
affected source is in compliance with the relevant emission limit;
(B) The owner or operator continues to comply with all applicable
recordkeeping and monitoring requirements of subpart A of this part and
this subpart; and
(C) The Administrator does not object to a reduced reporting
frequency for the affected source, as provided in paragraphs (g)(2) (ii)
and (iii) of this section.
(ii) The frequency of submitting ongoing compliance status reports
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 reporting frequency, the
Administrator may review information concerning the source's entire
previous performance history during the 5-year recordkeeping period
prior to the intended change, or the recordkeeping period since the
source's compliance date, whichever is shorter. Records subject to
review may include performance test results, monitoring data, and
evaluations of an owner or operator's conformance with emission
limitations and work practice standards. 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 reporting frequency, 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.
(iii) As soon as the monitoring data required by Sec. 63.343(c) show
that the source is not in compliance with the relevant emission limit,
the frequency of reporting shall revert to quarterly, and the owner
shall state this exceedance in the ongoing compliance status report for
the next reporting period. After demonstrating ongoing compliance with
the relevant emission limit for another full year, the owner or operator
may again request approval from the Administrator to reduce the
reporting frequency as allowed by paragraph (g)(2) of this section.
(3) Contents of ongoing compliance status reports. The owner or
operator of an affected source for which compliance monitoring is
required in accordance with Sec. 63.343(c) shall prepare a summary
report to document the ongoing compliance status of the source. The
report must contain the following information:
[[Page 434]]
(i) The company name and address of the affected source;
(ii) An identification of the operating parameter that is monitored
for compliance determination, as required by Sec. 63.343(c);
(iii) The relevant emission limitation for the affected source, and
the operating parameter value, or range of values, that correspond to
compliance with this emission limitation as specified in the
notification of compliance status required by paragraph (e) of this
section;
(iv) The beginning and ending dates of the reporting period;
(v) A description of the type of process performed in the affected
source;
(vi) The total operating time of the affected source during the
reporting period;
(vii) If the affected source is a hard chromium electroplating tank
and the owner or operator is limiting the maximum cumulative rectifier
capacity in accordance with Sec. 63.342(c)(2), the actual cumulative
rectifier capacity expended during the reporting period, on a month-by-
month basis;
(viii) A summary of operating parameter values, including the total
duration of excess emissions during the reporting period as indicated by
those values, 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 process upsets, control
equipment malfunctions, other known causes, and unknown causes;
(ix) A certification by a responsible official, as defined in
Sec. 63.2, that the work practice standards in Sec. 63.342(f) were
followed in accordance with the operation and maintenance plan for the
source;
(x) If the operation and maintenance plan required by
Sec. 63.342(f)(3) was not followed, an explanation of the reasons for
not following the provisions, an assessment of whether any excess
emission and/or parameter monitoring exceedances are believed to have
occurred, and a copy of the report(s) required by Sec. 63.342(f)(3)(iv)
documenting that the operation and maintenance plan was not followed;
(xi) A description of any changes in monitoring, processes, or
controls since the last reporting period;
(xii) The name, title, and signature of the responsible official who
is certifying the accuracy of the report; and
(xiii) The date of the report.
(4) When more than one monitoring device is used to comply with the
continuous compliance monitoring required by Sec. 63.343(c), the owner
or operator shall report the results as required for each monitoring
device. However, when one monitoring device is used as a backup for the
primary monitoring device, the owner or operator shall only report the
results from the monitoring device used to meet the monitoring
requirements of this subpart. If both devices are used to meet these
requirements, then the owner or operator shall report the results from
each monitoring device for the relevant compliance period.
(h) Ongoing compliance status reports for area sources. The
requirements of this paragraph do not alleviate affected area sources
from complying with the requirements of State or Federal operating
permit programs under 40 CFR part 71.
(1) The owner or operator of an affected source that is located at
an area source site shall prepare a summary report to document the
ongoing compliance status of the affected source. The report shall
contain the information identified in paragraph (g)(3) of this section,
shall be completed annually and retained on site, and made available to
the Administrator upon request. The report shall be completed annually
except as provided in paragraph (h)(2) of this section.
(2) Reports of exceedances. (i) If both of the following conditions
are met, semiannual reports shall be prepared and submitted to the
Administrator:
(A) The total duration of excess emissions (as indicated by the
monitoring data collected by the owner or operator of the affected
source in accordance with Sec. 63.343(c)) is 1 percent or greater of the
total operating time for the reporting period; and
(B) The total duration of malfunctions of the add-on air pollution
control device and monitoring equipment
[[Page 435]]
is 5 percent or greater of the total operating time.
(ii) Once an owner or operator of an affected source reports an
exceedance as defined in paragraph (h)(2)(i) of this section, ongoing
compliance status reports shall be submitted semiannually until a
request to reduce reporting frequency under paragraph (h)(3) of this
section is approved.
(iii) The Administrator may determine on a case-by-case basis that
the summary report shall be completed more frequently and submitted, or
that the annual report shall be submitted instead of being retained on
site, if these measures are necessary to accurately assess the
compliance status of the source.
(3) Request to reduce frequency of ongoing compliance status
reports. (i) An owner or operator who is required to submit ongoing
compliance status reports on a semiannual (or more frequent) basis, or
is required to submit its annual report instead of retaining it on site,
may reduce the frequency of reporting to annual and/or be allowed to
maintain the annual report onsite if all of the following conditions are
met:
(A) For 1 full year (e.g., 2 semiannual or 4 quarterly reporting
periods), the ongoing compliance status reports demonstrate that the
affected source is in compliance with the relevant emission limit;
(B) The owner or operator continues to comply with all applicable
recordkeeping and monitoring requirements of subpart A of this part and
this subpart; and
(C) The Administrator does not object to a reduced reporting
frequency for the affected source, as provided in paragraphs (h)(3) (ii)
and (iii) of this section.
(ii) The frequency of submitting ongoing compliance status reports
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 reporting frequency, the
Administrator may review information concerning the source's previous
performance history during the 5-year recordkeeping period prior to the
intended change, or the recordkeeping period since the source's
compliance date, whichever is shorter. Records subject to review may
include performance test results, monitoring data, and evaluations of an
owner or operator's conformance with emission limitations and work
practice standards. Such information may be used by the Administrator to
make a judgement about the source's potential for noncompliance in the
future. If the Administrator disapproves the owner or operator's request
to reduce reporting frequency, 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.
(iii) As soon as the monitoring data required by Sec. 63.343(c) show
that the source is not in compliance with the relevant emission limit,
the frequency of reporting shall revert to semiannual, and the owner
shall state this exceedance in the ongoing compliance status report for
the next reporting period. After demonstrating ongoing compliance with
the relevant emission limit for another full year, the owner or operator
may again request approval from the Administrator to reduce the
reporting frequency as allowed by paragraph (h)(3) of this section.
(i) Reports associated with trivalent chromium baths. The
requirements of this paragraph do not alleviate affected sources from
complying with the requirements of State or Federal operating permit
programs under title V. Owners or operators complying with the
provisions of Sec. 63.342(e) are not subject to paragraphs (a) through
(h) of this section, but must instead submit the following reports:
(1) Within 180 days after January 25, 1995, submit an initial
notification that includes:
(i) The same information as is required by paragraphs (c)(1) (i)
through (v) of this section; and
(ii) A statement that a trivalent chromium process that incorporates
a
[[Page 436]]
wetting agent will be used to comply with Sec. 63.342(e); and
(iii) The list of bath components that comprise the trivalent
chromium bath, with the wetting agent clearly identified; and
(2) Within 30 days of the compliance date specified in
Sec. 63.343(a), a notification of compliance status that contains an
update of the information submitted in accordance with paragraph (i)(1)
of this section or a statement that the information is still accurate;
and
(3) Within 30 days of a change to the trivalent chromium
electroplating process, a report that includes:
(i) A description of the manner in which the process has been
changed and the emission limitation, if any, now applicable to the
affected source;
(ii) If a different emission limitation applies, the applicable
information required by paragraph (c)(1) of this section; and
(iii) The notification and reporting requirements of paragraphs (d),
(e), (f), (g), and (h) of this section, which shall be submitted in
accordance with the schedules identified in those paragraphs.
[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996; 62
FR 4465, Jan. 30, 1997, 62 FR 42921, Aug. 11, 1997]
Sec. 63.348 Implementation and enforcement.
(a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to a State,
local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
(c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
(1) Approval of alternatives to the requirements in Secs. 63.340,
63.342(a) through (e) and (g), and 63.343(a).
(2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required
in this subpart.
(3) Approval of major alternatives to monitoring under Sec. 63.8(f),
as defined in Sec. 63.90, and as required in this subpart.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.
Effective Date Note: At 68 FR 37347, June 23, 2003, Sec. 63.348 was
added effective August 22, 2003.
Table 1 to Subpart N of Part 63--General Provisions Applicability to
Subpart N
----------------------------------------------------------------------------------------------------------------
General provisions reference Applies to subpart N Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1).................................... Yes.......................... Additional terms defined in Sec.
63.341; when overlap between
subparts A and N occurs, subpart
N takes precedence.
63.1(a)(2).................................... Yes
63.1(a)(3).................................... Yes
63.1(a)(4).................................... Yes.......................... Subpart N clarifies the
applicability of each paragraph
in subpart A to sources subject
to subpart N.
63.1(a)(6).................................... Yes
63.1(a)(7).................................... Yes
63.1(a)(8).................................... Yes
63.1(a)(10)................................... Yes
63.1(a)(11)................................... Yes.......................... Sec. 63.347(a) of subpart N also
allows report submissions via
fax and on electronic media.
63.1(a)(12)-(14).............................. Yes
63.1(b)(1).................................... No........................... Sec. 63.340 of subpart N
specifies applicability.
63.1(b)(2).................................... Yes
[[Page 437]]
63.1(b)(3).................................... No........................... This provision in subpart A is
being deleted. Also, all
affected area and major sources
are subject to subpart N; there
are no exemptions.
63.1(c)(1).................................... Yes.......................... Subpart N clarifies the
applicability of each paragraph
in subpart A to sources subject
to subpart N.
63.1(c)(2).................................... Yes.......................... Subpart N specifies permit
requirements for area sources.
63.1(c)(4).................................... Yes
63.1(c)(5).................................... No........................... Subpart N clarifies that an area
source that becomes a major
source is subject to the
requirements for major sources.
63.1(e)....................................... Yes
63.2.......................................... Yes.......................... Additional terms defined in Sec.
63.341; when overlap between
subparts A and N occurs, subpart
N takes precedence.
63.3.......................................... Yes.......................... Other units used in subpart N are
defined in that subpart.
63.4.......................................... Yes
63.5(a)....................................... Yes.......................... Except replace the term
``source'' and ``stationary
source'' in Sec. 63.5(a) (1)
and (2) of subpart A with
``affected sources.''
63.5(b)(1).................................... Yes
63.5(b)(3).................................... Yes.......................... Applies only to major affected
sources.
63.5(b)(4).................................... No........................... Subpart N (Sec. 63.345)
specifies requirements for the
notification of construction or
reconstruction for affected
sources that are not major.
63.5(b)(5).................................... Yes
63.5(b)(6).................................... Yes
63.5(d)(1)(i)................................. No........................... Sec. 63.345(c)(5) of subpart N
specifies when the application
or notification shall be
submitted.
63.5(d)(1)(ii)................................ Yes.......................... Applies to major affected sources
that are new or reconstructed.
63.5(d)(1)(iii)............................... Yes.......................... Except information should be
submitted with the Notification
of Compliance Status required by
Sec. 63.347(e) of subpart N.
63.5(d)(2).................................... Yes.......................... Applies to major affected sources
that are new or reconstructed
except: (1) replace ``source''
in Sec. 63.5(d)(2) of subpart A
with ``affected source''; and
(2) actual control efficiencies
are submitted with the
Notification of Compliance
Status required by Sec.
63.347(e).
63.5(d)(3)-(4)................................ Yes.......................... Applies to major affected sources
that are new or reconstructed.
63.5(e)....................................... Yes.......................... Applies to major affected sources
that are new or reconstructed.
63.5(f)(1).................................... Yes.......................... Except replace ``source'' in Sec.
63.5(f)(1) of subpart A with
``affected source.''
63.5(f)(2).................................... No........................... New or reconstructed affected
sources shall submit the request
for approval of construction or
reconstruction under Sec.
63.5(f) of subpart A by the
deadline specified in Sec.
63.345(c)(5) of subpart N.
63.6(a)....................................... Yes
63.6(b)(1)-(2)................................ Yes.......................... Except replace ``source'' in Sec.
63.6(b)(1)-(2) of part A with
``affected source.''
63.6(b)(3)-(4)................................ Yes
63.6(b)(5).................................... Yes.......................... Except replace ``source'' in Sec.
63.6(b)(5) of subpart A with
``affected source.''
63.6(b)(7).................................... No........................... Provisions for new area sources
that become major sources are
contained in Sec. 63.343(a)(4)
of subpart N.
63.6(c)(1)-(2)................................ Yes.......................... Except replace ``source'' in Sec.
63.6(c)(1)-(2) of subpart A
with ``affected source.''
63.6(c)(5).................................... No........................... Compliance provisions for
existing area sources that
become major sources are
contained in Sec. 63.343(a)(3)
of subpart N.
63.6(e)....................................... No........................... Sec. 63.342(f) of subpart N
contains work practice standards
(operation and maintenance
requirements) that override
these provisions.
63.6(f)(1).................................... No........................... Sec. 63.342(b) of subpart N
specifies when the standards
apply.
63.6(f)(2)(i)-(ii)............................ Yes
63.6(f)(2)(iii)............................... No........................... Sec. 63.344(b) of subpart N
specifies instances in which
previous performance test
results for existing sources are
acceptable.
63.6(f)(2)(iv)................................ Yes
63.6(f)(2)(v)................................. Yes
63.6(f)(3).................................... Yes
63.6(g)....................................... Yes
63.6(h)....................................... No........................... Subpart N does not contain any
opacity or visible emission
standards.
63.6(i)(1).................................... Yes
63.6(i)(2).................................... Yes.......................... Except replace ``source'' in Sec.
63.6(i)(2)(i) and (ii) of
subpart A with ``affected
source.''
63.6(i)(3).................................... Yes
63.6(i)(4)(i)................................. No........................... Sec. 63.343(a)(6) of subpart N
specifies the procedures for
obtaining an extension of
compliance and the date by which
such requests must be submitted.
63.6(i)(4)(ii)................................ Yes
63.6(i)(5).................................... Yes
[[Page 438]]
63.6(i)(6)(i)................................. Yes.......................... This paragraph only references
``paragraph (i)(4) of this
section'' for compliance
extension provisions. But, Sec.
63.343(a)(6) of subpart N also
contains provisions for
requesting a compliance
extension.
63.6(i)(6)(ii)................................ Yes
63.6(i)(7).................................... Yes
63.6(i)(8).................................... Yes.......................... This paragraph only references
``paragraphs (i)(4) through
(i)(6) of this section'' for
compliance extension provisions.
But, Sec. 63.343(a)(6) of
subpart N also contains
provisions for requesting a
compliance extension.
63.6(i)(9).................................... Yes.......................... This paragraph only references
``paragraphs (i)(4) through
(i)(6) of this section'' and
``paragraphs (i)(4) and (i)(5)
of this section'' for compliance
extension provisions. But, Sec.
63.343(a)(6) of subpart N also
contains provisions for
requesting a compliance
extension.
63.6(i)(10)(i)-(iv)........................... Yes
63.6(i)(10)(v)(A)............................. Yes.......................... This paragraph only references
`'paragraph (i)(4)'' for
compliance extension provisions.
But, Sec. 63.343(a)(6) of
subpart N also contains
provisions for requesting a
compliance extension.
63.6(i)(10)(v)(B)............................. Yes
63.6(i)(11)................................... Yes
63.6(i)(12)(i)................................ Yes.......................... This paragraph only references
``paragraph (i)(4)(i) or (i)(5)
of this section'' for compliance
extension provisions. But, Sec.
63.343(a)(6) of subpart N also
contains provisions for
requesting a compliance
extension.
63.6(i)(12)(ii)-(iii)......................... Yes
63.6(i)(13)................................... Yes
63.6(i)(14)................................... Yes
63.6(i)(16)................................... Yes
63.6(j)....................................... Yes
63.7(a)(1).................................... Yes
63.7(a)(2)(i)-(vi)............................ Yes
63.7(a)(2)(ix)................................ Yes
63.7(a)(3).................................... Yes
63.7(b)(1).................................... No........................... Sec. 63.347(d) of subpart N
requires notification prior to
the performance test. Sec.
63.344(a) of subpart N requires
submission of a site-specific
test plan upon request.
63.7(b)(2).................................... Yes
63.7(c)....................................... No........................... Sec. 63.344(a) of subpart N
specifies what the test plan
should contain, but does not
require test plan approval or
performance audit samples.
63.7(d)....................................... Yes.......................... Except replace ``source'' in the
first sentence of Sec. 63.7(d)
of subpart A with ``affected
source.''
63.7(e)....................................... Yes.......................... Subpart N also contains test
methods specific to affected
sources covered by that subpart.
63.7(f)....................................... Yes.......................... Sec. 63.344(c)(2) of subpart N
identifies CARB Method 425 as
acceptable under certain
conditions.
63.7(g)(1).................................... No........................... Subpart N identifies the items to
be reported in the compliance
test [Sec. 63.344(a)] and the
timeframe for submitting the
results [Sec. 63.347(f)].
63.7(g)(3).................................... Yes
63.7(h)(1)-(2)................................ Yes
63.7(h)(3)(i)................................. Yes.......................... This paragraph only references
``Sec. 63.6(i)'' for compliance
extension provisions. But, Sec.
63.343(a)(6) of subpart N also
contains provisions for
requesting a compliance
extension.
63.7(h)(3)(ii)-(iii).......................... Yes
63.7(h)(4)-(5)................................ Yes
63.8(a)(1).................................... Yes
63.8(a)(2).................................... No........................... Work practice standards are
contained in Sec. 63.342(f) of
subpart N.
63.8(a)(4).................................... No
63.8(b)(1).................................... Yes
63.8(b)(2).................................... No........................... Sec. 63.344(d) of subpart N
specifies the monitoring
location when there are multiple
sources.
63.8(b)(3).................................... No........................... Sec. 63.347(g)(4) of subpart N
identifies reporting
requirements when multiple
monitors are used.
63.8(c)(1)(i)................................. No........................... Subpart N requires proper
maintenance of monitoring
devices expected to be used by
sources subject to subpart N.
63.8(c)(1)(ii)................................ No........................... Sec. 63.342(f)(3)(iv) of subpart
N specifies reporting when the
O&M plan is not followed.
63.8(c)(1)(iii)............................... No........................... Sec. 63.343(f)(2) identifies the
criteria for whether O&M
procedures are acceptable.
63.8(c)(2)-(3)................................ No........................... Sec. 63.344(d)(2) requires
appropriate use of monitoring
devices.
63.8(c)(4)-(7)................................ No
63.8(d)....................................... No........................... Maintenance of monitoring devices
is required by Secs. 63.342(f)
and 63.344(d)(2) of subpart N.
[[Page 439]]
63.8(e)....................................... No........................... There are no performance
evaluation procedures for the
monitoring devices expected to
be used to comply with subpart
N.
63.8(f)(1).................................... Yes
63.8(f)(2).................................... No........................... Instances in which the
Administrator may approve
alternatives to the monitoring
methods and procedures of
subpart N are contained in Sec.
63.343(c)(8) of subpart N.
63.8(f)(3).................................... Yes
63.8(f)(4).................................... Yes
63.8(f)(5).................................... Yes
63.8(f)(6).................................... No........................... Subpart N does not require the
use of CEM's.
63.8(g)....................................... No........................... Monitoring data does not need to
be reduced for reporting
purposes because subpart N
requires measurement once/day.
63.9(a)....................................... Yes
63.9(b)(1)(i)-(ii)............................ No........................... Sec. 63.343(a)(3) of subpart N
requires area sources to comply
with major source provisions if
an increase in HAP emissions
causes them to become major
sources.
63.9(b)(1)(iii)............................... No........................... Sec. 63.347(c)(2) of subpart N
specifies initial notification
requirements for new or
reconstructed affected sources.
63.9(b)(2).................................... No........................... Sec. 63.347(c)(1) of subpart N
specifies the information to be
contained in the initial
notification.
63.9(b)(3).................................... No........................... Sec. 63.347(c)(2) of subpart N
specifies notification
requirements for new or
reconstructed sources that are
not major affected sources.
63.9(b)(4).................................... No
63.9(b)(5).................................... No
63.9(c)....................................... Yes.......................... This paragraph only references
``Sec. 63.6(i)(4) through Sec.
63.6(i)(6)'' for compliance
extension provisions. But, Sec.
63.343(a)(6) of subpart N also
contains provisions for
requesting a compliance
extension. Subpart N provides a
different timeframe for
submitting the request than Sec.
63.6(i)(4).
63.9(d)....................................... Yes.......................... This paragraph only references
``the notification dates
established in paragraph (g) of
this section.'' But, Sec.
63.347 of subpart N also
contains notification dates.
63.9(e)....................................... No........................... Notification of performance test
is required by Sec. 63.347(d)
of subpart N.
63.9(f)....................................... No
63.9(g)....................................... No........................... Subpart N does not require a
performance evaluation or
relative accuracy test for
monitoring devices.
63.9(h)(1)-(3)................................ No........................... Sec. 63.347(e) of subpart N
specifies information to be
contained in the notification of
compliance status and the
timeframe for submitting this
information.
63.9(h)(5).................................... No........................... Similar language has been
incorporated into Sec.
63.347(e)(2)(iii) of subpart N.
63.9(h)(6).................................... Yes
63.9(i)....................................... Yes
63.9(j)....................................... Yes
63.10(a)...................................... Yes
63.10(b)(1)................................... Yes
63.10(b)(2)................................... No........................... Sec. 63.346(b) of subpart N
specifies the records that must
be maintained.
63.10(b)(3)................................... No........................... Subpart N applies to major and
area sources.
63.10(c)...................................... No........................... Applicable requirements of Sec.
63.10(c) have been incorporated
into Sec. 63.346(b) of subpart
N.
63.10(d)(1)................................... Yes
63.10(d)(2)................................... No........................... Sec. 63.347(f) of subpart N
specifies the timeframe for
reporting performance test
results.
63.10(d)(3)................................... No........................... Subpart N does not contain
opacity or visible emissions
standards.
63.10(d)(4)................................... Yes
63.10(d)(5)................................... No........................... Sec. 63.342(f)(3)(iv) and Sec.
63.347(g)(3) of subpart N
specify reporting associated
with malfunctions.
63.10(e)...................................... No........................... Sec. 63.347(g) and (h) of
subpart N specify the frequency
of periodic reports of
monitoring data used to
establish compliance. Applicable
requirements of Sec. 63.10(e)
have been incorporated into Sec.
63.347(g) and (h).
63.10(f)...................................... Yes
63.11......................................... No........................... Flares will not be used to comply
with the emission limits.
63.12-63.15................................... Yes
----------------------------------------------------------------------------------------------------------------
[[Page 440]]
[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996]
Subpart O--Ethylene Oxide Emissions Standards for Sterilization
Facilities
Source: 59 FR 62589, Dec. 6, 1994, unless otherwise noted.
Sec. 63.360 Applicability.
(a) All sterilization sources using 1 ton (see definition) in
sterilization or fumigation operations are subject to the emissions
standards in Sec. 63.362, except as specified in paragraphs (b) through
(e) of this section. Owners or operators of sources using 1 ton (see
definition) subject to the provisions of this subpart must comply with
the requirements of subpart A, of this part according to the
applicability of subpart A of this part to such sources in Table 1 of
this section.
Table 1 of Section 63.360--General Provisions Applicability to Subpart O
----------------------------------------------------------------------------------------------------------------
Applies to sources Applies to sources
Reference using 10 tons in using 1 to 10 tons in Comment
subpart O a subpart O a
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)............................. Yes Additional terms defined
in Sec. 63.361; when
overlap between subparts
A and O occurs, subpart
O takes precedence.
63.1(a)(2)............................. Yes .........................
63.1(a)(3)............................. Yes .........................
63.1(a)(4)............................. Yes Subpart O clarifies the
applicability of each
paragraph in subpart A
to sources subject to
subpart O.
63.1(a)(5)............................. No Reserved.
63.1(a)(6)............................. Yes .........................
63.1(a)(7)............................. Yes .........................
63.1.1(a)(8)........................... Yes .........................
63.1(a)(9)............................. No Reserved.
63.1(a)(10)............................ Yes .........................
63.1(a)(11)............................ Yes Sec. 63.366(a) of
subpart O also allows
report submissions via
fax and on electronic
media.
63.1(a)(12)-(14)....................... Yes .........................
63.1(b)(1)-(2)......................... Yes .........................
63.1(b)(3)............................. No Sec. 63.367 clarifies
the applicability of
recordkeeping
requirements for sources
that determine they are
not subject to the
emissions standards.
63.1(c)(1)............................. Yes Subpart O clarifies the
applicability of each
paragraph in subpart A
to sources subject to
subpart O in this table.
63.1(c)(2)............................. Yes Subpart O also specifies
which sources are
required to obtain a
Title V permit in Sec.
63.360.
63.1(c)(3)............................. No Reserved.
63.1(c)(4)............................. Yes .........................
63.1(c)(5)............................. No Sec. 63.360 specifies
applicability.
63.1(d)................................ No Reserved.
63.1(e)................................ Yes .........................
63.2................................... Yes Additional terms defined
in Sec. 63.361; when
overlap between subparts
A and O occurs, subpart
O takes precedence.
63.3................................... Yes Other units used in
subpart O are defined in
the text of subpart O.
63.4(a)(1)-(3)......................... Yes .........................
63.4(a)(4)............................. No Reserved.
63.4(a)(5)............................. Yes .........................
63.4(b)................................ Yes .........................
63.4(c)................................ Yes .........................
63.5(a)................................ No Sec. 63.366(b)(1)
contains applicability
requirements for
constructed or
reconstructed sources.
63.5(b)(1)............................. Yes.................. No................... .........................
63.5(b)(2)............................. No Reserved.
63.5(b)(3)............................. No See Sec. 63.366(b)(2).
63.5(b)(4)............................. Yes.................. No................... .........................
[[Page 441]]
63.5(b)(5)............................. Yes.................. No................... .........................
63.5(b)(6)............................. Yes.................. No................... .........................
63.5(c)................................ No Reserved.
63.5(d)(1)-(2)......................... No See Sec. 63.366(b)(3).
63.5(d)(3)-(4)......................... Yes.................. No................... .........................
63.5(e)................................ Yes.................. No................... .........................
63.5(f)(1) and (2)..................... No See Sec. 63.366(b)(4).
63.6(a)(1)............................. Yes .........................
63.6(a)(2)............................. No Sec. 63.360 specifies
applicability.
63.6(b) and (c)........................ No Sec. 63.360(g) specifies
compliance dates for
sources.
63.6(d)................................ No Reserved.
63.6(e)................................ No Subpart O does not
contain any operation
and maintenance plan
requirements.
63.6(f)(1)............................. No Sec. 63.362(b) specifies
when the standards
apply.
63.6(f)(2)(i).......................... Yes .........................
63.6(f)(2)(ii)......................... No Sec. 63.363 specifies
parameters for
determining compliance.
63.6(f)(2)(iii)-(iv)................... Yes .........................
63.6(f)(2)(v).......................... No .........................
63.6(f)(3)............................. Yes
63.6(g)................................ Yes
63.6(h)................................ No Subpart O does not
contain any opacity or
visible emission
standards.
63.6(i)(1)-(14)........................ Yes
63.6(i)(15)............................ No Reserved
63.6(i)(16)............................ Yes
63.6(j)................................ Yes
63.7(a)(1)............................. Yes
63.7(a)(2)............................. Yes
63.7(a)(3)............................. Yes
63.7(b)................................ Yes
63.7(c)................................ Yes.................. No...................
63.7(d)................................ Yes.................. No...................
63.7(e)................................ Yes Sec. 63.365 also
contains test methods
specific to sources
subject to the emissions
standards.
63.7(f)................................ Yes
63.7(g)(1)............................. Yes
63.7(g)(2)............................. No Reserved
63.7(g)(3)............................. Yes
63.7(h)................................ Yes
63.8(a)(1)............................. Yes
63.8(a)(2)............................. Yes
63.8(a)(3)............................. No Reserved
63.8(a)(4)............................. Yes
63.8(b)(1)............................. Yes
63.8(b)(2)............................. Yes
63.8(b)(3)............................. No
63.8(c)(1) (i) and (ii)................ No A startup, shutdown, and
malfunction plan is not
required for these
standards.
63.8(c)(1)(iii)........................ Yes
63.8(c)(2)-(3)......................... Yes
63.8(c)(4)-(5)......................... No Frequency of monitoring
measurements is provided
in Sec. 63.364; opacity
monitors are not
required for these
standards.
63.8(c)(6)............................. No Performance
specifications for gas
chromatographs and
temperature monitors are
contained in Sec.
63.365.
63.8(c)(7)(i)(A)-(B)................... No Performance
specifications for gas
chromatographs and
temperature monitors are
contained in Sec.
63.365.
63.8(c)(7)(i)(C)....................... No Opacity monitors are not
required for these
standards.
63.8(c)(7)(ii)......................... No Performance
specifications for gas
chromatographs and
temperature monitors are
contained in Sec.
63.365.
[[Page 442]]
63.8(c)(8)............................. No
63.8(d)................................ Yes.................. No...................
63.8(e)(1)............................. Yes
63.8(e)(2)............................. Yes
63.8(e)(3)............................. Yes.................. No...................
63.8(e)(4)............................. Yes
63.8(e)(5)(i).......................... Yes
63.8(e)(5)(ii)......................... No Opacity monitors are not
required for these
standards.
63.8(f)(1)-(5)......................... Yes
63.8(f)(6)............................. No
63.8(g)(1)............................. Yes
63.8(g)(2)............................. No
63.8(g)(3)-(5)......................... Yes
63.9(a)................................ Yes
63.9(b)(1)-(i)......................... Yes
63.9(b)(1)(ii)-(iii)................... No Sec. 63.366(c)(1)(i)
contains language for
sources that increase
usage such that the
source becomes subject
to the emissions
standards.
63.9(b)(2)-(3)......................... Yes Sec. 63.366(c)(3)
contains additional
information to be
included in the initial
report for existing and
new sources.
63.9(b)(4)-(5)......................... No Sec. 63.366(c)(1)(ii)
and (iii) contains
requirements for new or
reconstructed sources
subject to the emissions
standards.
63.9(c)................................ Yes
63.9(d)................................ No
63.9(e)................................ Yes
63.9(f)................................ No Opacity monitors are not
required for these
standards.
63.9(g)(1)............................. Yes
63.9(g)(2)-(3)......................... No Opacity monitors and
relative accuracy
testing are not required
for these standards.
63.9(h)(1)-(3)......................... Yes
63.9(h)(4)............................. No Reserved.
63.9(h)(5)............................. No Sec. 63.366(c)(2)
instructs sources to
submit actual data.
63.9(h)(6)............................. Yes
63.9(i)................................ Yes
63.9(j)................................ Yes
63.10(a)............................... Yes
63.10(b)(1)............................ Yes
63.10(b)(2)(i)......................... No Not applicable due to
batch nature of the
industry.
63.10(b)(2)(ii)........................ Yes
63.10(b)(2)(iii)....................... No
63.10(b)(2)(iv)-(v).................... No A startup, shutdown, and
malfunction plan is not
required for these
standards.
63.10(b)(2)(vi)-(xii).................. Yes
63.10(b)(2)(xiii)...................... No
63.10(b)(2)(xiv)....................... Yes
63.10(b)(3)............................ No Sec. 63.367 (b) and (c)
contains applicability
determination
requirements.
63.10(c)(1)............................ Yes
63.10(c)(2)-(4)........................ No Reserved.
63.10(c)(5)............................ Yes
63.10(c)(6)............................ No
63.10(c)(7)............................ No Not applicable due to
batch nature of the
industry.
63.10(c)(8)............................ Yes
63.10(c)(9)............................ No Reserved.
63.10(c)(10)-(13)...................... Yes
63.10(c)(14)........................... Yes.................. No...................
63.10(c)(15)........................... No A startup, shutdown, and
malfunction plan is not
required for these
standards.
[[Page 443]]
63.10(d)(1)............................ Yes
63.10(d)(2)............................ Yes
63.10(d)(3)............................ No Subpart O does not
contain opacity or
visible emissions
standards.
63.10(d)(4)............................ Yes
63.10(d)(5)............................ No A startup, shutdown, and
malfunction plan is not
required for these
standards.
63.10(e)(1)............................ Yes
63.10(e)(2)(i)......................... Yes
63.10(e)(2)(ii)........................ No Opacity monitors are not
required for these
standards.
63.10(e)(3)(i)-(iv).................... Yes
63.10(e)(3)(v)......................... No Sec. 63.366(a)(3)
specifies contents and
submittal dates for
excess emissions and
monitoring system
performance reports.
63.10(e)(3)(vi)-(viii)................. Yes
63.10(e)(4)............................ No Opacity monitors are not
required for these
standards.
63.10(f)............................... Yes
63.11.................................. Yes
63.12-63.15............................ Yes
----------------------------------------------------------------------------------------------------------------
a See definition.
(b) Sterilization sources using less than 1 ton (see definition) are
not subject to the emissions standards in Sec. 63.362. The recordkeeping
requirements of Sec. 63.367(c) apply.
(c) This subpart does not apply to beehive fumigators.
(d) This subpart does not apply to research or laboratory facilities
as defined in section 112(c)(7) of title III of the Clean Air Act
Amendment of 1990.
(e) This subpart does not apply to ethylene oxide sterilization
operations at stationary sources such as hospitals, doctors offices,
clinics, or other facilities whose primary purpose is to provide medical
services to humans or animals.
(f) If you are the owner or operator of a source subject to the
provisions of this subpart, you are also subject to title V permitting
requirements under 40 CFR parts 70 or 71, as applicable. Your title V
permitting authority may defer your source from these permitting
requirements until December 9, 2004, if your source is not a major
source and is not located at a major source as defined under 40 CFR
63.2, 70.2, or 71.2, and is not otherwise required to obtain a title V
permit. If you receive a deferral under this section, you must submit a
title V permit application by December 9, 2005. You must continue to
comply with the provisions of this subpart applicable to area sources,
even if you receive a deferral from title V permitting requirements.
(g) The owner or operator shall comply with the provisions of this
subpart as follows:
(1) All sterilization chamber vents subject to the emissions
standards in Sec. 63.362 with an initial startup date before December 6,
1998, no later than December 6, 1998.
(2) All sterilization chamber vents subject to the emissions
standards in Sec. 63.362 with an initial startup date on or after
December 6, 1998, immediately upon initial startup of the source.
(3) All sterilization chamber vents at sources using less than 1 ton
of ethylene oxide that increase their ethylene oxide usage after
December 6, 1998 such that the sterilization chamber vent becomes
subject to the emissions standards in Sec. 63.362(c), immediately upon
becoming subject to the emission standards.
(4) All aeration room vents subject to the emissions standards in
Sec. 63.362 with an initial startup date before December 6, 2000, no
later than December 6, 2000.
[[Page 444]]
(5) All aeration room vents subject to the emissions standards in
Sec. 63.362 with an initial startup date on or after December 6, 2000,
immediately upon initial startup of the source.
(6) All aeration room vents at sources using less than 10 tons that
increase their ethylene oxide usage after December 6, 2000, such that
the aeration room vents become subject to the emissions standards in
Sec. 63.362, immediately upon becoming subject to the emission
standards.
(7)-(10) [Reserved]
[59 FR 62589, Dec. 6, 1994, as amended at 61 FR 27788, June 3, 1996; 63
FR 66994, Dec. 4, 1998; 64 FR 67793, Dec. 3, 1999; 64 FR 69643, Dec. 14,
1999; 66 FR 55582, Nov. 2, 2001]
Sec. 63.361 Definitions.
Terms and nomenclature used in this subpart are defined in the Clean
Air Act (the Act) as amended in 1990, Secs. 63.2 and 63.3 of subpart A
of this part, or in this section. For the purposes of subpart O, if the
same term is defined in subpart A and in this section, it shall have the
meaning given in this section.
Aeration room means any vessel or room that is used to facilitate
off-gassing of ethylene oxide at a sterilization facility.
Aeration room vent means the point(s) through which the evacuation
of ethylene oxide-laden air from an aeration room occurs.
Baseline temperature means a minimum temperature at the outlet from
the catalyst bed of a catalytic oxidation control device or at the
exhaust point from the combustion chamber of a thermal oxidation control
device.
Chamber exhaust vent means the point(s) through which ethylene
oxide-laden air is removed from the sterilization chamber during chamber
unloading following the completion of sterilization and associated air
washes.
Compliance date means the date by which a source subject to the
emissions standards in Sec. 63.362 is required to be in compliance with
the standard.
Deviation means any instance in which an affected source, subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart including, but not limited to, any emission limitation
(including any operating limit) or work practice standard;
(2) Fails to meet any term or condition that is adopted to implement
an applicable requirement in this subpart and that is included in the
operating permit for any affected source required to obtain such a
permit; or
(3) Fails to meet any emission limitation (including any operating
limit) or work practice standard in this subpart during startup,
shutdown, or malfunction, regardless of whether or not such failure is
permitted by this subpart.
Effective date means the date of promulgation in the Federal
Register notice.
Initial startup date means the date when a source subject to the
emissions standards in Sec. 63.362 first begins operation of a
sterilization process.
Manifolding emissions means combining ethylene oxide emissions from
two or more different vent types for the purpose of controlling these
emissions with a single control device.
Maximum ethylene glycol concentration means any concentration of
ethylene glycol in the scrubber liquor of an acid-water scrubber control
device established during a performance test when the scrubber achieves
at least 99-percent control of ethylene oxide emissions.
Maximum liquor tank level means any level of scrubber liquor in the
acid-water scrubber liquor recirculation tank established during a
performance test when the scrubber achieves at least 99-percent control
of ethylene oxide emissions.
Oxidation temperature means the temperature at the outlet point of a
catalytic oxidation unit control device or at the exhaust point from the
combustion chamber for a thermal oxidation unit control device.
Source(s) using less than 1 ton means source(s) using less than 907
kg (1 ton) of ethylene oxide within all consecutive 12-month periods
after December 6, 1996.
Source(s) using 1 ton means source(s) using 907 kg (1 ton) or more
of ethylene oxide within any consecutive 12-month period after December
6, 1996.
Source(s) using 1 to 10 tons means source(s) using 907 kg (1 ton) or
more of
[[Page 445]]
ethylene oxide in any consecutive 12-month period but less than 9,070 kg
(10 tons) of ethylene oxide in all consecutive 12-month periods after
December 6, 1996.
Source(s) using less than 10 tons means source(s) using less than
9,070 kg (10 tons) of ethylene oxide in all consecutive 12-month periods
after December 6, 1996.
Source(s) using 10 tons means source(s) using 9,070 kg (10 tons) or
more of ethylene oxide in any consecutive 12-month period after December
6, 1996.
Sterilization chamber means any enclosed vessel or room that is
filled with ethylene oxide gas, or an ethylene oxide/inert gas mixture,
for the purpose of sterilizing and/or fumigating at a sterilization
facility.
Sterilization chamber vent means the point (prior to the vacuum
pump) through which the evacuation of ethylene oxide from the
sterilization chamber occurs following sterilization or fumigation,
including any subsequent air washes.
Sterilization facility means any stationary source where ethylene
oxide is used in the sterilization or fumigation of materials.
Sterilization operation means any time when ethylene oxide is
removed from the sterilization chamber through the sterilization chamber
vent or the chamber exhaust vent or when ethylene oxide is removed from
the aeration room through the aeration room vent.
Thermal oxidizer means all combustion devices except flares.
[59 FR 62589, Dec. 6, 1994, as amended at 66 FR 55583, Nov. 2, 2001]
Sec. 63.362 Standards.
(a) Each owner or operator of a source subject to the provisions of
this subpart shall comply with these requirements on and after the
compliance date specified in Sec. 63.360(g). The standards of this
section are summarized in Table 1 of this section.
Table 1 of Section 63.362--Standards for Ethylene Oxide Commercial Sterilizers and Fumigators
----------------------------------------------------------------------------------------------------------------
Sterilization Aeration room
Existing and new sources Source type chamber vent vent Chamber exhaust vent
----------------------------------------------------------------------------------------------------------------
Source size.................... <907 kg (<1 ton). No control required; minimal recordkeeping requirements
apply (see Sec. 63.367(c)).
[ge]907 kg and 99% emission No control....... No control.
<9,070 kg ([ge]1 reduction (see
ton and < 10 Sec. 63.362(c)).
tons).
[ge]9,070 kg 99% emission 1 ppm maximum No control.
([ge]10 tons). reduction (see outlet
Sec. 63.362(c)). concentration or
99% emission
reduction (see
Sec. 63.362(d)).
----------------------------------------------------------------------------------------------------------------
(b) Applicability of emission limits. The emission limitations of
paragraphs (c), (d), and (e) of this section apply during sterilization
operation. The emission limitations do not apply during periods of
malfunction.
(c) Sterilization chamber vent at sources using 1 ton. Each owner or
operator of a sterilization source using 1 ton shall reduce ethylene
oxide emissions to the atmosphere by at least 99 percent from each
sterilization chamber vent.
(d) Aeration room vent at sources using 10 tons. Each owner or
operator of a sterilization source using 10 tons shall reduce ethylene
oxide emissions to the atmosphere from each aeration room vent to a
maximum concentration of 1 ppmv or by at least 99 percent, whichever is
less stringent, from each aeration room vent.
(e) [Reserved]
[59 FR 62589, Dec. 6, 1994, as amended at 66 FR 55583, Nov. 2, 2001]
Sec. 63.363 Compliance and performance provisions.
(a)(1) The owner or operator of a source subject to emissions
standards in Sec. 63.362 shall conduct an initial performance test using
the procedures
[[Page 446]]
listed in Sec. 63.7 according to the applicability in Table 1 of
Sec. 63.360, the procedures listed in this section, and the test methods
listed in Sec. 63.365.
(2) The owner or operator of all sources subject to these emissions
standards shall complete the performance test within 180 days after the
compliance date for the specific source as determined in Sec. 63.360(g).
(b) The procedures in paragraphs (b)(1) through (3) of this section
shall be used to determine initial compliance with the emission limits
under Sec. 63.362(c), the sterilization chamber vent standard and to
establish operating limits for the control devices:
(1) The owner or operator shall determine the efficiency of control
devices used to comply with Sec. 63.362(c) using the test methods and
procedures in Sec. 63.365(b).
(2) For facilities with acid-water scrubbers, the owner or operator
shall establish as an operating limit either:
(i) The maximum ethylene glycol concentration using the procedures
described in Sec. 63.365(e)(1); or
(ii) The maximum liquor tank level using the procedures described in
Sec. 63.365(e)(2).
(3) For facilities with catalytic oxidizers or thermal oxidizers,
the operating limit consists of the recommended minimum oxidation
temperature provided by the oxidation unit manufacturer for an operating
limit.
(4) Facilities with catalytic oxidizers shall comply with one of the
following work practices:
(i) Once per year after the initial compliance test, conduct a
performance test during routine operations, i.e., with product in the
chamber using the procedures described in Sec. 63.365(b) or (d) as
appropriate. If the percent efficiency is less than 99 percent, restore
the catalyst as soon as practicable but no later than 180 days after
conducting the performance test; or
(ii) Once per year after the initial compliance test, analyze
ethylene oxide concentration data from Sec. 63.364(e) or a continuous
emission monitoring system (CEMS) and restore the catalyst as soon as
practicable but no later than 180 days after data analysis; or,
(iii) Every 5 years, beginning 5 years after the initial compliance
test (or by December 6, 2002, whichever is later), replace the catalyst
bed with new catalyst material.
(c) The procedures in paragraphs (c)(1) through (3) of this section
shall be used to determine initial compliance with the emission limits
under Sec. 63.362(d), the aeration room vent standard:
(1) The owner or operator shall comply with either paragraph (b)(2)
or (3) of this section.
(2) Determine the concentration of ethylene oxide emitted from the
aeration room into the atmosphere (after any control device used to
comply with Sec. 63.362(d)) using the methods in Sec. 63.365(c)(1); or
(3) Determine the efficiency of the control device used to comply
with Sec. 63.362(d) using the test methods and procedures in
Sec. 63.365(d)(2).
(d) [Reserved]
(e) For facilities complying with the emissions limits under
Sec. 63.362 with a control technology other than acid-water scrubbers or
catalytic or thermal oxidizers, the owner or operator of the facility
shall provide to the Administrator or delegated authority information
describing the design and operation of the air pollution control system,
including recommendations for the operating parameters to be monitored
to demonstrate continuous compliance. Based on this information, the
Administrator will determine the operating parameter(s) to be measured
during the performance test. During the performance test required in
paragraph (a) of this section, using the methods approved in
Sec. 63.365(g), the owner or operator shall determine the site-specific
operating limit(s)for the operating parameters approved by the
Administrator.
(f) A facility must demonstrate continuous compliance with each
operating limit and work practice standard required under this section,
except during periods of startup, shutdown, and malfunction, according
to the methods specified in Sec. 63.364.
[66 FR 55583, Nov. 2, 2001]
[[Page 447]]
Sec. 63.364 Monitoring requirements.
(a)(1) The owner or operator of a source subject to emissions
standards in Sec. 63.362 shall comply with the monitoring requirements
in Sec. 63.8 of subpart A of this part, according to the applicability
in Table 1 of Sec. 63.360, and in this section.
(2) Each owner or operator of an ethylene oxide sterilization
facility subject to these emissions standards shall monitor the
parameters specified in this section. All monitoring equipment shall be
installed such that representative measurements of emissions or process
parameters from the source are obtained. For monitoring equipment
purchased from a vendor, verification of the operational status of the
monitoring equipment shall include completion of the manufacturer's
written specifications or recommendations for installation, operation,
and calibration of the system.
(b) For sterilization facilities complying with Sec. 63.363(b) or
(d) through the use of an acid-water scrubber, the owner or operator
shall either:
(1) Sample the scrubber liquor and analyze and record once per week
the ethylene glycol concentration of the scrubber liquor using the test
methods and procedures in Sec. 63.365(e)(1). Monitoring is required
during a week only if the scrubber unit has been operated; or
(2) Measure and record once per week the level of the scrubber
liquor in the recirculation tank. The owner or operator shall install,
maintain, and use a liquid level indicator to measure the scrubber
liquor tank level (i.e., a marker on the tank wall, a dipstick, a
magnetic indicator, etc.). Monitoring is required during a week only if
the scrubber unit has been operated.
(c) For sterilization facilities complying with Sec. 63.363(b) or
(c) through the use of catalytic oxidation or thermal oxidation, the
owner or operator shall either comply with Sec. 63.364(e) or
continuously monitor and record the oxidation temperature at the outlet
to the catalyst bed or at the exhaust point from the thermal combustion
chamber using the temperature monitor described in paragraph (c)(4) of
this section. Monitoring is required only when the oxidation unit is
operated. From 15-minute or shorter period temperature values, a data
acquisition system for the temperature monitor shall compute and record
a daily average oxidation temperature. Strip chart data shall be
converted to record a daily average oxidation temperature each day any
instantaneous temperature recording falls below the minimum temperature.
(1)-(3) [Reserved]
(4) The owner or operator shall install, calibrate, operate, and
maintain a temperature monitor accurate to within 5.6 deg.C (10
deg.F) to measure the oxidation temperature. The owner or operator shall
verify the accuracy of the temperature monitor twice each calendar year
with a reference temperature monitor (traceable to National Institute of
Standards and Technology (NIST) standards or an independent temperature
measurement device dedicated for this purpose). During accuracy
checking, the probe of the reference device shall be at the same
location as that of the temperature monitor being tested. As an
alternative, the accuracy temperature monitor may be verified in a
calibrated oven (traceable to NIST standards).
(d) For sterilization facilities complying with Sec. 63.363(b) or
(c) through the use of a control device other than acid-water scrubbers
or catalytic or thermal oxidizers, the owner or operator shall monitor
the parameters as approved by the Administrator using the methods and
procedures in Sec. 63.365(g).
(e) Measure and record once per hour the ethylene oxide
concentration at the outlet to the atmosphere after any control device
according to the procedures specified in Sec. 63.365(c)(1). The owner or
operator shall compute and record a 24-hour average daily. The owner or
operator will install, calibrate, operate, and maintain a monitor
consistent with the requirements of performance specification (PS) 8 or
9 in 40 CFR part 60, appendix B, to measure ethylene oxide. The daily
calibration requirements of section 7.2 of PS 9 or section 2.3 of PS 8
are required only on days when ethylene oxide emissions are vented to
the control device.
(f) [Reserved]
[59 FR 62589, Dec. 6, 1994, as amended at 66 FR 55584, Nov. 2, 2001]
[[Page 448]]
Sec. 63.365 Test methods and procedures.
(a) Performance testing. The owner or operator of a source subject
to the emissions standards in Sec. 63.362 shall comply with the
performance testing requirements in Sec. 63.7 of subpart A of this part,
according to the applicability in Table 1 of Sec. 63.360, and in this
section.
(b) Efficiency at the sterilization chamber vent. The following
procedures shall be used to determine the efficiency of all types of
control devices used to comply with Sec. 63.362(c), sterilization
chamber vent standard.
(1) First evacuation of the sterilization chamber. These procedures
shall be performed on an empty sterilization chamber, charged with a
typical amount of ethylene oxide, for the duration of the first
evacuation under normal operating conditions (i.e., sterilization
pressure and temperature).
(i) The amount of ethylene oxide loaded into the sterilizer
(Wc) shall be determined by either:
(A) Weighing the ethylene oxide gas cylinder(s) used to charge the
sterilizer before and after charging. Record these weights to the
nearest 45 g (0.1 lb). Multiply the total mass of gas charged by the
weight percent ethylene oxide present in the gas.
(B) Installing calibrated rotameters at the sterilizer inlet and
measuring flow rate and duration of sterilizer charge. Use the following
equation to convert flow rate to weight of ethylene oxide:
[GRAPHIC] [TIFF OMITTED] TR06DE94.024
where:
Wc=weight of ethylene oxide charged, g (lb)
Fv=volumetric flow rate, liters per minute (L/min) corrected
to 20 deg.C and 101.325 kilopascals (kPa) (scf per minute (scfm)
corrected to 68 deg.F and 1 atmosphere of pressure (atm)); the flowrate
must be constant during time (t)
t=time, min
%EOV=volume fraction ethylene oxide
SV=standard volume, 24.05 liters per mole (L/mole)=22.414 L/mole ideal
gas law constant corrected to 20 deg.C and 101.325 kPa (385.32 scf per
mole (scf/mole)=359 scf/mole ideal gas law constant corrected to 68
deg.F and 1 atm).
MW=molecular weight of ethylene oxide, 44.05 grams per gram-mole (g/g-
mole) (44.05 pounds per pound-mole (lb/lb-mole)), or
(C) Calculating the mass based on the conditions of the chamber
immediately after it has been charged using the following equation:
[GRAPHIC] [TIFF OMITTED] TR06DE94.025
where:
P=chamber pressure, kPa (psia)
V=chamber volume, liters (L) (ft\3\)
R=gas constant, 8.313 LkPa/g-mole(10.73
psiaft\3\/mole deg.R)
T=temperature, K ( deg.R)
Note: If the ethylene oxide concentration is in weight percent, use
the following equation to calculate mole fraction:
[GRAPHIC] [TIFF OMITTED] TR06DE94.026
where:
WEO=weight percent of ethylene oxide
Wx=weight percent of compound in the balance of the mixture
MWx=molecular weight of compound in the balance gas mixture
(ii) The residual mass of ethylene oxide in the sterilizer shall be
determined by recording the chamber temperature, pressure, and volume
after the completion of the first evacuation and using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR06DE94.027
where:
Wr=weight of ethylene oxide remaining in chamber (after the
first evacuation), in g (lb)
(iii) Calculate the total mass of ethylene oxide at the inlet to the
control device (Wi) by subtracting the residual mass
(Wr) calculated in paragraph (b)(1)(ii) of this section from
the charged weight (Wc) calculated in paragraph (b)(1)(i) of
this section.
(iv) The mass of ethylene oxide emitted from the control device
outlet (Wo) shall be calculated by continuously monitoring
the flow rate and concentration using the following procedure.
(A) Measure the flow rate through the control device exhaust
continuously during the first evacuation using the procedure found in 40
CFR part 60,
[[Page 449]]
appendix A, Test Methods 2, 2A, 2C, or 2D, as appropriate. (Method 2D
(using orifice plates or Rootstype meters) is recommended for measuring
flow rates from sterilizer control devices.) Record the flow rate at 1-
minute intervals throughout the test cycle, taking the first reading
within 15 seconds after time zero. Time zero is defined as the moment
when the pressure in the sterilizer is released. Correct the flow to
standard conditions (20 deg.C and 101.325 kPa (68 deg.F and 1 atm))
and determine the flow rate for the run as outlined in the test methods
listed in paragraph (b) of this section.
(B) Test Method 18 or 25A, 40 CFR part 60, appendix A (hereafter
referred to as Method 18 or 25A, respectively), shall be used to measure
the concentration of ethylene oxide.
(1) Prepare a graph of volumetric flow rate versus time
corresponding to the period of the run cycle. Integrate the area under
the curve to determine the volume.
(2) Calculate the mass of ethylene oxide by using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR02NO01.002
Where:
Wo = Mass of ethylene oxide, g (lb)
C = concentration of ethylene oxide in ppmv
V = volume of gas exiting the control device corrected to standard
conditions, L (ft3)
1/106 = correction factor LEO/106
LTOTAL GAS (ft3EO/106
ft3TOTAL GAS)
(3) Calculate the efficiency by the equation in paragraph (b)(1)(v)
of this section.
(C) [Reserved]
(v) Determine control device efficiency (% Eff) using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR06DE94.030
where:
% Eff = percent efficiency
Wi = mass flow rate into the control device
Wo = mass flow rate out of the control device
(vi) Repeat the procedures in paragraphs (b)(1) (i) through (v) of
this section three times. The arithmetic average percent efficiency of
the three runs shall determine the overall efficiency of the control
device.
(2) [Reserved]
(c) Concentration determination. The following procedures shall be
used to determine the ethylene oxide concentration.
(1) Parameter monitoring. For determining the ethylene oxide
concentration required in Sec. 63.364(e), follow the procedures in PS 8
or PS 9 in 40 CFR part 60, appendix B. Sources complying with PS 8 are
exempt from the relative accuracy procedures in sections 2.4 and 3 of
PS-8.
(2) Initial compliance. For determining the ethylene oxide
concentration required in Sec. 63.363(c)(2), the procedures outlined in
Method 18 or Method 25 A (40 CFR part 60, appendix A) shall be used. A
Method 18 or Method 25A test consists of three 1-hour runs. If using
Method 25A to determine concentration, calibrate and report Method 25A
instrument results using ethylene oxide as the calibration gas. The
arithmetic average of the ethylene oxide concentration of the three test
runs shall determine the overall outlet ethylene oxide concentration
from the control device.
(d) Efficiency determination at the aeration room vent (not
manifolded). The following procedures shall be used to determine the
efficiency of a control device used to comply with Sec. 63.362(d), the
aeration room vent standard.
(1) Determine the concentration of ethylene oxide at the inlet and
outlet of the control device using the procedures in Method 18 or 25A in
40 CFR part 60, appendix A. A test is comprised of three 1-hour runs.
(2) Determine control device efficiency (% Eff) using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR02NO01.001
Where:
% Eff = percent efficiency
Wi = mass flow rate into the control device
WO = mass flow rate out of the control device
(3) Repeat the procedures in paragraphs (d)(1) and (2) of this
section three times. The arithmetic average percent efficiency of the
three runs
[[Page 450]]
shall determine the overall efficiency of the control device.
(e) Determination of baseline parameters for acid-water scrubbers.
The procedures in this paragraph shall be used to determine the
monitored parameters established in Sec. 63.363(b), (d), or (e) for
acid-water scrubbers and to monitor the parameters as established in
Sec. 63.364(b).
(1) Ethylene glycol concentration. For determining the ethylene
glycol concentration, the facility owner or operator shall establish the
maximum ethylene glycol concentration as the ethylene glycol
concentration averaged over three test runs; the sampling and analysis
procedures in ASTM D 3695-88, Standard Test Method for Volatile Alcohols
in Water By Direct Aqueous-Injection Gas Chromatography, (incorporated
by reference--see Sec. 63.14) shall be used to determine the ethylene
glycol concentration.
(2) Scrubber liquor tank level. For determining the scrubber liquor
tank level, the sterilization facility owner or operator shall establish
the maximum liquor tank level based on a single measurement of the
liquor tank level during one test run.
(f) [Reserved]
(g) An owner or operator of a sterilization facility seeking to
demonstrate compliance with the standards found at Sec. 63.362(c), (d),
or (e) with a control device other than an acid-water scrubber or
catalytic or thermal oxidation unit shall provide to the Administrator
the information requested under Sec. 63.363(f). The owner or operator
shall submit: a description of the device; test results collected in
accordance with Sec. 63.363(f) verifying the performance of the device
for controlling ethylene oxide emissions to the atmosphere to the levels
required by the applicable standards; the appropriate operating
parameters that will be monitored; and the frequency of measuring and
recording to establish continuous compliance with the standards. The
monitoring plan submitted identifying the compliance monitoring is
subject to the Administrator's approval. The owner or operator of the
sterilization facility shall install, calibrate, operate, and maintain
the monitor(s) approved by the Administrator based on the information
submitted by the owner or operator. The owner or operator shall include
in the information submitted to the Administrator proposed performance
specifications and quality assurance procedures for their monitors. The
Administrator may request further information and shall approve
appropriate test methods and procedures.
(h) An owner or operator of a sterilization facility seeking to
demonstrate compliance with the requirements of Sec. 63.363 or
Sec. 63.364, with a monitoring device or procedure other than a gas
chromatograph or a flame ionization analyzer, shall provide to the
Administrator information describing the operation of the monitoring
device or procedure and the parameter(s) that would demonstrate
continuous compliance with each operating limit. The Administrator may
request further information and will specify appropriate test methods
and procedures.
[59 FR 62589, Dec. 6, 1994, as amended at 66 FR 55584, Nov. 2, 2001]
Sec. 63.366 Reporting requirements.
(a) The owner or operator of a source subject to the emissions
standards in Sec. 63.362 shall fulfill all reporting requirements in
Secs. 63.10(a), (d), (e), and (f) of subpart A, according to the
applicability in Table 1 of Sec. 63.360. These reports will be made to
the Administrator at the appropriate address identified in Sec. 63.13 of
subpart A of this part.
(1) Reports required by subpart A and this section may be sent by
U.S. mail, fax, or by another courier.
(i) Submittals sent by U.S. mail shall be postmarked on or before
the specified date.
(ii) Submittals sent by other methods shall be received by the
Administrator 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.
(3) Content and submittal dates for deviations and monitoring system
performance reports. All deviations and monitoring system performance
reports and all summary reports, if required per Sec. 63.10(e)(3)(vii)
and (viii),
[[Page 451]]
shall be delivered or postmarked within 30 days following the end of
each calendar half or quarter as appropriate (see Sec. 63.10(e)(3)(i)
through (iv) for applicability). Written reports of deviations from an
operating limit shall include all information required in
Sec. 63.10(c)(5) through (13), as applicable in Table 1 of Sec. 63.360,
and information from any calibration tests in which the monitoring
equipment is not in compliance with PS 9 or the method used for
temperature calibration. The written report shall also include the name,
title, and signature of the responsible official who is certifying the
accuracy of the report. When no deviations have occurred or monitoring
equipment has not been inoperative, repaired, or adjusted, such
information shall be stated in the report.
(b) Construction and reconstruction. The owner or operator of each
source using 10 tons shall fulfill all requirements for construction or
reconstruction of a source in Sec. 63.5 of subpart A of this part,
according to the applicability in Table 1 of Sec. 63.360, and in this
paragraph.
(1) Applicability. (i) This paragraph and Sec. 63.5 of subpart A of
this part implement the preconstruction review requirements of section
112(i)(1) for sources subject to these emissions standards. In addition,
this paragraph and Sec. 63.5 of subpart A of this part include other
requirements for constructed and reconstructed sources that are or
become subject to these emissions standards.
(ii) After the effective date, the requirements in this section and
in Sec. 63.5 of subpart A of this part apply to owners or operators who
construct a new source or reconstruct a source subject to these
emissions standards after December 6, 1994. New or reconstructed sources
subject to these emissions standards with an initial startup date before
the effective date are not subject to the preconstruction review
requirements specified in paragraphs (b) (2) and (3) of this section and
Sec. 63.5(d) (3) and (4) and (e) of subpart A of this part.
(2) After the effective date, whether or not an approved permit
program is effective in the State in which a source is (or would be)
located, no person may construct a new source or reconstruct a source
subject to these emissions standards, or reconstruct a source such that
the source becomes a source subject to these emissions standards,
without obtaining advance written approval from the Administrator in
accordance with the procedures specified in paragraph (b)(3) of this
section and Sec. 63.5(d) (3) and (4) and (e) of subpart A of this part.
(3) Application for approval of construction or reconstruction. The
provisions of paragraph (b)(3) of this section and Sec. 63.5(d) (3) and
(4) of subpart A of this part implement section 112(i)(1) of the Act.
(i) General application requirements. (A) An owner or operator who
is subject to the requirements of paragraph (b)(2) of this section shall
submit to the Administrator an application for approval of the
construction of a new source subject to these emissions standards, the
reconstruction of a source subject to these emissions standards, or the
reconstruction of a source such that the source becomes a source subject
to these emissions standards. The application shall be submitted as soon
as practicable before the construction or reconstruction is planned to
commence (but not sooner than the effective date) if the construction or
reconstruction commences after the effective date. The application shall
be submitted as soon as practicable before the initial startup date but
no later than 60 days after the effective date if the construction or
reconstruction had commenced and the initial startup date had not
occurred before the effective date. The application for approval of
construction or reconstruction may be used to fulfill the initial
notification requirements of paragraph (c)(1)(iii) of this section. 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.
(B) A separate application shall be submitted for each construction
or reconstruction. Each application for approval of construction or
reconstruction shall include at a minimum:
[[Page 452]]
(1) The applicant's name and address.
(2) A notification of intention to construct a new source subject to
these emissions standards or make any physical or operational change to
a source subject to these emissions standards that may meet or has been
determined to meet the criteria for a reconstruction, as defined in
Sec. 63.2 of subpart A of this part.
(3) The address (i.e., physical location) or proposed address of the
source.
(4) An identification of the relevant standard that is the basis of
the application.
(5) The expected commencement date of the construction or
reconstruction.
(6) The expected completion date of the construction or
reconstruction.
(7) The anticipated date of (initial) startup of the source.
(8) 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 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. The owner or operator may submit percent
reduction information, if the 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.
(9) Other information as specified in paragraph (b)(3)(ii) of this
section and Sec. 63.5(d)(3) of subpart A of this part.
(C) An owner or operator who submits estimates or preliminary
information in place of the actual emissions data and analysis required
in paragraphs (b)(3)(i)(B)(8) and (ii) 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 paragraph (c)(2) of this section.
(ii) Application for approval of construction. Each application for
approval of construction shall include, in addition to the information
required in paragraph (b)(3)(i)(B) of this section, technical
information describing the proposed nature, size, design, operating
design capacity, and method of operation of the source subject to these
emissions standards, 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 paragraph (b)(3) of this section shall submit the
actual control efficiencies as specified in paragraph (b)(3)(i)(C) of
this section.
(4) Approval of construction or reconstruction based on prior State
preconstruction review. (i) The Administrator may approve an application
for construction or reconstruction specified in paragraphs (b)(2) and
(3) of this section and Sec. 63.5(d)(3) and (4) of subpart A of this
part 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:
(A) The owner or operator of the new or reconstructed source subject
to these emissions standards has undergone a preconstruction review and
approval process in the State in which the source is (or would be)
located before the effective date and has received a federally
enforceable construction permit that contains a finding that the source
will meet these emissions standards as proposed, if the source is
properly built and operated;
(B) In making its finding, the State has considered factors
substantially equivalent to those specified in Sec. 63.5(e)(1) of
subpart A of this part.
[[Page 453]]
(ii) The owner or operator shall submit to the Administrator the
request for approval of construction or reconstruction no later than the
application deadline specified in paragraph (b)(3)(i) of this section.
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 Sec. 63.5 of subpart A of this part. The
Administrator may request additional relevant information after the
submittal of a request for approval of construction or reconstruction.
(c) Notification requirements. The owner or operator of each source
subject to the emissions standards in Sec. 63.362 shall fulfill all
notification requirements in Sec. 63.9 of subpart A of this part,
according to the applicability in Table 1 of Sec. 63.360, and in this
paragraph.
(1) Initial notifications. (i)(A) If a source that otherwise would
be subject to these emissions standards subsequently increases its use
of ethylene oxide within any consecutive 12-month period after December
6, 1996, such that the source becomes subject to these emissions
standards or other requirements, such source shall be subject to the
notification requirements of Sec. 63.9 of subpart A of this part.
(B) Sources subject to these emissions standards may use the
application for approval of construction or reconstruction under
paragraph (b)(3)(ii) of this section and Sec. 63.5(d) (3) of subpart A
of this part, respectively, if relevant to fulfill the initial
notification requirements.
(ii) The owner or operator of a new or reconstructed source subject
to these emissions standards that has an initial startup date after the
effective date and for which an application for approval of construction
or reconstruction is required under paragraph (b)(3) of this section and
Sec. 63.5(d) (3) and (4) of subpart A of this part shall provide the
following information in writing to the Administrator:
(A) A notification of intention to construct a new source subject to
these emissions standards, reconstruct a source subject to these
emissions standards, or reconstruct a source such that the source
becomes a source subject to these emissions standards with the
application for approval of construction or reconstruction as specified
in paragraph (b)(3)(i)(A) of this section;
(B) 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 these
standards;
(C) 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 these standards;
(D) 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
(E) A notification of the actual date of initial startup of the
source, delivered or postmarked within 15 calendar days after that date.
(iii) After the effective date, whether or not an approved permit
program is effective in the State in which a source subject to these
emissions standards is (or would be) located, an owner or operator who
intends to construct a new source subject to these emissions standards
or reconstruct a source subject to these emissions standards, or
reconstruct a source such that it becomes a source subject to these
emissions standards, 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 these standards) if the construction or reconstruction commences
after the effective date of the standard. The notification shall be
submitted as soon as practicable before the initial startup date but no
later than 60 days after the effective date of this standard if the
construction or reconstruction had commenced and the initial startup
date has not occurred before the standard's effective date. The
notification
[[Page 454]]
shall include all the information required for an application for
approval of construction or reconstruction as specified in paragraph
(b)(3) of this section and Sec. 63.5(d)(3) and (4) of subpart A of this
part. For sources subject to these emissions standards, the application
for approval of construction or reconstruction may be used to fulfill
the initial notification requirements of Sec. 63.9 of subpart A of this
part.
(2) If an owner or operator of a source subject to these emissions
standards submits estimates or preliminary information in the
application for approval of construction or reconstruction required in
paragraph (b)(3)(ii) of this section and Sec. 63.5(d)(3) of subpart A of
this part, respectively, in place of the actual emissions data or
control efficiencies required in paragraphs (b)(3)(i)(B)(8) and (ii) of
this section, 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.
(3) The owner or operator of any existing sterilization facility
subject to this subpart shall also include the amount of ethylene oxide
used during the previous consecutive 12-month period in the initial
notification report required by Sec. 63.9(b)(2) and (3) of subpart A of
this part. For new sterilization facilities subject to this subpart, the
amount of ethylene oxide used shall be an estimate of expected use
during the first consecutive 12-month period of operation.
[59 FR 62589, Dec. 6, 1994, as amended at 66 FR 55585, Nov. 2, 2001]
Sec. 63.367 Recordkeeping requirements.
(a) The owner or operator of a source subject to Sec. 63.362 shall
comply with the recordkeeping requirements in Sec. 63.10(b) and (c),
according to the applicability in Table 1 of Sec. 63.360, and in this
section. All records required to be maintained by this subpart or a
subpart referenced by this subpart shall be maintained in such a manner
that they can be readily accessed and are suitable for inspection. The
most recent 2 years of records shall be retained onsite or shall be
accessible to an inspector while onsite. The records of the preceding 3
years, where required, may be retained offsite. Records may be
maintained in hard copy or computer-readable form including, but not
limited to, on paper, microfilm, computer, computer disk, magnetic tape,
or microfiche.
(b) The owners or operators of a source using 1 to 10 tons not
subject to Sec. 63.362 shall maintain records of ethylene oxide use on a
12-month rolling average basis (until the source changes its operations
to become a source subject to Sec. 63.362).
(c) The owners or operators of a source using less than 1 ton shall
maintain records of ethylene oxide use on a 12-month rolling average
basis (until the source changes its operations to become a source
subject to Sec. 63.362).
(d) The owners or operators complying with Sec. 63.363(b) (4) shall
maintain records of the compliance test, data analysis, and if catalyst
is replaced, proof of replacement.
[66 FR 55585, Nov. 2, 2001]
Sec. 63.368 Implementation and enforcement.
(a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to a State,
local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
(c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
(1) Approval of alternatives to the requirements in Secs. 63.360 and
63.362.
(2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and
[[Page 455]]
(f), as defined in Sec. 63.90, and as required in this subpart.
(3) Approval of major alternatives to monitoring under Sec. 63.8(f),
as defined in Sec. 63.90, and as required in this subpart.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.
Effective Date Note: At 68 FR 37348, June 23, 2003, Sec. 63.368 was
added effective August 22, 2003.
Subpart P [Reserved]
Subpart Q--National Emission Standards for Hazardous Air Pollutants for
Industrial Process Cooling Towers
Source: 59 FR 46350, Sept. 8, 1994, unless otherwise noted.
Sec. 63.400 Applicability.
(a) The provisions of this subpart apply to all new and existing
industrial process cooling towers that are operated with chromium-based
water treatment chemicals on or after September 8, 1994, and are either
major sources or are integral parts of facilities that are major sources
as defined in Sec. 63.401.
(b) Table 1 of this subpart specifies the provisions of subpart A
that apply and those that do not apply to owners and operators of IPCT's
subject to this subpart.
Sec. 63.401 Definitions.
Terms used in this subpart are defined in the Act, in subpart A of
this part, or in this section as follows:
Chromium-based water treatment chemicals means any combination of
chemical substances containing chromium used to treat water.
Commenced means, with respect to construction or reconstruction of
an IPCT, 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 IPCT is required
to be in compliance with this subpart.
Construction means the on-site fabrication, erection, or
installation of an IPCT.
Cooling tower means an open water recirculating device that uses
fans or natural draft to draw or force ambient air through the device to
cool warm water by direct contact.
Effective date means September 8, 1994, for this subpart.
Existing IPCT means any affected IPCT that is not a new IPCT.
Industrial process cooling tower, also written as ``IPCT,'' means
any cooling tower that is used to remove heat that is produced as an
input or output of a chemical or industrial process(es), as well as any
cooling tower that cools industrial processes in combination with any
heating, ventilation, or air conditioning system.
Initial startup means the initiation of recirculation water flow
within the cooling tower.
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.
New IPCT means any affected IPCT the construction or reconstruction
of which commenced after August 12, 1993.
Owner or operator means any person who owns, leases, operates,
controls, or supervises an IPCT.
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
[[Page 456]]
previously unaffected IPCT to such an extent that 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 IPCT.
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 of this chapter or Federal title V
regulations (42 U.S.C. 7661), whichever is applicable.
Water treatment chemicals means any combination of chemical
substances used to treat water in cooling towers, including corrosion
inhibitors, antiscalants, dispersants, and any other chemical substances
used to treat water.
Sec. 63.402 Standard.
No owner or operator of an IPCT shall use chromium-based water
treatment chemicals in any affected IPCT.
Sec. 63.403 Compliance dates.
The requirements of Sec. 63.402 of this subpart shall be applied on
the following schedule:
(a) For existing IPCT's, the compliance date shall be 18 months
after September 8, 1994.
(b) For new IPCT's that have an initial startup before September 8,
1994, the compliance date shall be September 8, 1994.
(c) For new IPCT's that have an initial startup on or after
September 8, 1994, the compliance date shall be the date of the initial
startup.
Sec. 63.404 Compliance demonstrations.
No routine monitoring, sampling, or analysis is required. In
accordance with section 114 of the Act, the Administrator or delegated
authority can require cooling water sample analysis of an IPCT if there
is information to indicate that the IPCT is not in compliance with the
requirements of Sec. 63.402 of this subpart. The owner or operator of an
IPCT may demonstrate compliance through recordkeeping in accordance with
paragraph (c) of this section in lieu of a water sample analysis. If
cooling water sample analysis is required:
(a) The water sample analysis shall be conducted in accordance with
Method 7196, Chromium, Hexavalent (Colorimetric), contained in the Third
Edition of ``Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,'' EPA Publication SW-846, (November 1986) and its Revision I,
(December 1987), which are available for the cost of $110.00 from the
Government Printing Office, Superintendent of Documents, Washington, DC
20402, (202) 783-3238 (document number 955-001-00000-1; or Method 3500-
Cr D, Colorimetric Method, contained in the 18th Edition of ``Standard
Methods for the Examination of Water and Wastewaster'' (1992), which is
available from the American Public Health Association, 1015 15th Street,
NW., Washington, DC 20005. These methods were approved for incorporation
by reference by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be inspected as a part of
Docket A-91-65, located at the
[[Page 457]]
Air and Radiation Docket and Information Center, room M1500, EPA Central
Docket Section, 401 M St., SW., Washington, DC. Copies may be inspected
at the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
(b) On or after 3 months after the compliance date, a cooling water
sample residual hexavalent chromium concentration equal to or less than
0.5 parts per million by weight shall indicate compliance with
Sec. 63.402. Alternatively, an owner or operator may demonstrate
compliance through record keeping in accordance with paragraph (c).
(c) To demonstrate compliance with Sec. 63.402, in lieu of the water
sample analysis provided for in paragraph (a) of this section, the owner
or operator of each IPCT may maintain records of water treatment
chemical purchases, including invoices and other documentation that
includes invoices and other documentation that includes date(s) of
purchase or shipment, trade name or other information to identify
composition of the product, and quantity of the product.
(d) Following a request, by the Administrator or delegated
authority, under paragraph (a) for a water sample analysis, failure to
either meet the concentration level specified in paragraph (b) or
provide the records specified in paragraph (c) shall indicate a
violation of Sec. 63.402.
[59 FR 46350, Sept. 8, 1994, as amended at 63 FR 39519, July 23, 1998]
Sec. 63.405 Notification requirements.
(a) Initial notification. (1) In accordance with Sec. 63.9(b) of
subpart A, owners or operators of all affected IPCT's that have an
initial startup before September 8, 1994, shall notify the Administrator
in writing. The notification, which shall be submitted not later than 12
months after September 8, 1994, shall provide the following information:
(i) The name and address of the IPCT owner or operator;
(ii) The address (i.e., physical location) of the affected IPCT;
(iii) A statement that the notification is being submitted as
required by this subpart; and
(iv) A description of the type of water treatment program used in
the affected IPCT, including the chemical name of each corrosion
inhibitor ingredient used; the average concentration of those corrosion
inhibitor ingredients maintained in the cooling water; and the material
safety data sheet for each water treatment chemical or chemical compound
used in the IPCT.
(2) In accordance with Sec. 63.9(b) of subpart A, owners or
operators of all affected IPCT's that have an initial startup on or
after September 8, 1994, shall notify the Administrator in writing that
the source is subject to the relevant standard no later than 12 months
after initial startup. The notification shall provide all the
information required in paragraphs (a)(1)(i) through (a)(1)(iv) of this
section.
(b) Notification of compliance status. (1) In accordance with
Sec. 63.9(h) of subpart A, owners or operators of affected IPCT's shall
submit to the Administrator a notification of compliance status within
60 days of the date on which the IPCT is brought into compliance with
Sec. 63.402 of this subpart and not later than 18 months after September
8, 1994.
(2) The notification of compliance status must:
(i) Be signed by a responsible official who also certifies the
accuracy of the report;
(ii) Certify that source has complied with Sec. 63.402 of this
subpart; and
(iii) Include the information required in paragraph (a)(1)(iv) of
this section.
(iv) Include the following statement:
I certify that no chromium-based water treatment chemicals have been
introduced since (the initial compliance date) into any IPCT located
within the facility for any purpose.
Sec. 63.406 Recordkeeping and reporting requirements.
To demonstrate continuing compliance with Sec. 63.402 of this
subpart, the owner or operator of each affected IPCT shall maintain
copies of the initial notification and the notification of compliance
status as required by Sec. 63.405 of this subpart for a period of at
least 5 years onsite.
[[Page 458]]
Sec. 63.407 Implementation and enforcement.
(a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to a State,
local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
(c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
(1) Approval of alternatives to the requirements in Secs. 63.400 and
63.402 through 63.403.
(2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required
in this subpart.
(3) Approval of major alternatives to monitoring under Sec. 63.8(f),
as defined in Sec. 63.90, and as required in this subpart.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.
Effective Date Note: At 68 FR 37348, June 23, 2003, Sec. 63.407 was
added effective August 22, 2003.
Table 1 to Subpart Q of Part 63--General Provisions Applicability to
Subpart Q
----------------------------------------------------------------------------------------------------------------
Reference Applies to Subpart Q Comment
----------------------------------------------------------------------------------------------------------------
63.1..................................... Yes......................
63.2..................................... Yes......................
63.3..................................... No.......................
63.4..................................... Yes......................
63.5..................................... No.......................
63.6 (a), (b), (c), and (j).............. Yes......................
63.6 (d), (e), (f), (g), (h), and (i).... No.......................
63.7..................................... No.......................
63.8..................................... No.......................
63.9 (a), (b)(1), (b)(3), (c), (h)(1), Yes......................
(h)(3), (h)(6), and (j).
63.9 (b)(2), (b)(4), (b)(5), (b)(6), (d), No....................... Requirements for initial notifications and
(e), (f), (g), (h)(2), (h)(4), (h)(5). notifications of compliance status are
specified in Sec. 63.405(a) and Sec.
63.405(b), respectively, of subpart Q;
other provisions of subpart A are not
relevant to IPCT's.
63.10 (a), (b)(1), (b)(2)(xii), Yes...................... Section 63.406 requires an onsite record
(b)(2)(xiv), (b)(3), (d), and (f). retention of 5 years.
63.10 (b)(2) (i) to (xi), (c), and (e)... No.......................
63.11.................................... No.......................
63.12 to 63.15........................... Yes......................
----------------------------------------------------------------------------------------------------------------
Subpart R--National Emission Standards for Gasoline Distribution
Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)
Source: 59 FR 64318, Dec. 14, 1994, unless otherwise noted.
Sec. 63.420 Applicability.
(a) The affected source to which the provisions of this subpart
apply is each bulk gasoline terminal, except those bulk gasoline
terminals:
(1) For which the owner or operator has documented and recorded to
the Administrator's satisfaction that the result, ET, of the
following equation is
[[Page 459]]
less than 1, and complies with requirements in paragraphs (c), (d), (e),
and (f) of this section:
ET=CF[0.59(TF)(1-CE)+0.17
(TE)+0.08(TES)+0.038(TI)+8.5x10-
6(C)+KQ]+0.04(OE)
where:
ET = emissions screening factor for bulk gasoline terminals;
CF=0.161 for bulk gasoline terminals and pipeline breakout stations that
do not handle any reformulated or oxygenated gasoline containing 7.6
percent by volume or greater methyl tert-butyl ether (MTBE), OR
CF=1.0 for bulk gasoline terminals and pipeline breakout stations that
handle reformulated or oxygenated gasoline containing 7.6 percent by
volume or greater MTBE;
CE=control efficiency limitation on potential to emit for the vapor
processing system used to control emissions from fixed-roof gasoline
storage vessels [value should be added in decimal form (percent divided
by 100)];
TF = total number of fixed-roof gasoline storage vessels
without an internal floating roof;
TE = total number of external floating roof gasoline storage
vessels with only primary seals;
TES = total number of external floating roof gasoline storage
vessels with primary and secondary seals;
TI = total number of fixed-roof gasoline storage vessels with
an internal floating roof;
C = number of valves, pumps, connectors, loading arm valves, and open-
ended lines in gasoline service;
Q=gasoline throughput limitation on potential to emit or gasoline
throughput limit in compliance with paragraphs (c), (d), and (f) of this
section (liters/day);
K = 4.52x10-6 for bulk gasoline terminals with uncontrolled
loading racks (no vapor collection and processing systems), OR
K = (4.5x10-9)(EF + L) for bulk gasoline terminals with
controlled loading racks (loading racks that have vapor collection and
processing systems installed on the emission stream);
EF=emission rate limitation on potential to emit for the gasoline cargo
tank loading rack vapor processor outlet emissions (mg of total organic
compounds per liter of gasoline loaded);
OE=other HAP emissions screening factor for bulk gasoline terminals or
pipeline breakout stations (tons per year). OE equals the total HAP from
other emission sources not specified in parameters in the equations for
ET or EP. If the value of 0.04(OE) is greater than
5 percent of either ET or EP, then paragraphs
(a)(1) and (b)(1) of this section shall not be used to determine
applicability;
L = 13 mg/l for gasoline cargo tanks meeting the requirement to satisfy
the test criteria for a vapor-tight gasoline tank truck in Sec. 60.501
of this chapter, OR
L = 304 mg/l for gasoline cargo tanks not meeting the requirement to
satisfy the test criteria for a vapor-tight gasoline tank truck in
Sec. 60.501 of this chapter; or
(2) For which the owner or operator has documented and recorded to
the Administrator's satisfaction that the facility is not a major
source, or is not located within a contiguous area and under common
control of a facility that is a major source, as defined in Sec. 63.2 of
subpart A of this part.
(b) The affected source to which the provisions of this subpart
apply is each pipeline breakout station, except those pipeline breakout
stations:
(1) For which the owner or operator has documented and recorded to
the Administrator's satisfaction that the result, EP, of the
following equation is less than 1, and complies with requirements in
paragraphs (c), (d), (e), and (f) of this section:
EP=CF [6.7(TF)(1-CE) + 0.21(TE) +
0.093(TES) + 0.1(TI) +
5.31x10-6(C)) + 0.04(OE);
where:
EP=emissions screening factor for pipeline breakout stations,
and the definitions for CF, TF, CE, TE,
TES, TI, C, and OE are the same as provided in paragraph
(a)(1) of this section; or
(2) For which the owner or operator has documented and recorded to
the Administrator's satisfaction that the facility is not a major
source, or is not located within a contiguous area and under common
control of a facility that is a major source, as defined in Sec. 63.2 of
subpart A of this part.
(c) A facility for which the results, ET or
EP, of the calculation in paragraph (a)(1) or (b)(1) of this
section has been documented and is less than 1.0 but greater than or
equal to 0.50, is exempt from the requirements of this subpart, except
that the owner or operator shall:
(1) Operate the facility such that none of the facility parameters
used to calculate results under paragraph (a)(1) or (b)(1) of this
section, and approved
[[Page 460]]
by the Administrator, is exceeded in any rolling 30-day period; and
(2) Maintain records and provide reports in accordance with the
provisions of Sec. 63.428(i).
(d) A facility for which the results, ET or
EP, of the calculation in paragraph (a)(1) or (b)(1) of this
section has been documented and is less than 0.50, is exempt from the
requirements of this subpart, except that the owner or operator shall:
(1) Operate the facility such that none of the facility parameters
used to calculate results under paragraph (a)(1) or (b)(1) of this
section is exceeded in any rolling 30-day period; and
(2) Maintain records and provide reports in accordance with the
provisions of Sec. 63.428(j).
(e) The provisions of paragraphs (a)(1) and (b)(1) of this section
shall not be used to determine applicability to bulk gasoline terminals
or pipeline breakout stations that are either:
(1) Located within a contiguous area and under common control with
another bulk gasoline terminal or pipeline breakout station, or
(2) Located within a contiguous area and under common control with
other sources not specified in paragraphs (a)(1) or (b)(1) of this
section, that emit or have the potential to emit a hazardous air
pollutant.
(f) Upon request by the Administrator, the owner or operator of a
bulk gasoline terminal or pipeline breakout station subject to the
provisions of any paragraphs in this section including, but not limited
to, the parameters and assumptions used in the applicable equation in
paragraph (a)(1) or (b)(1) of this section, shall demonstrate compliance
with those paragraphs.
(g) Each owner or operator of a bulk gasoline terminal or pipeline
breakout station subject to the provisions of this subpart that is also
subject to applicable provisions of 40 CFR part 60, subpart Kb or XX of
this chapter shall comply only with the provisions in each subpart that
contain the most stringent control requirements for that facility.
(h) Each owner or operator of an affected source bulk gasoline
terminal or pipeline breakout station is subject to the provisions of 40
CFR part 63, subpart A--General Provisions, as indicated in Table 1.
(i) A bulk gasoline terminal or pipeline breakout station with a
Standard Industrial Classification code 2911 located within a contiguous
area and under common control with a refinery complying with subpart CC,
Secs. 63.646, 63.648, 63.649, and 63.650 is not subject to subpart R
standards, except as specified in subpart CC, Sec. 63.650.
(j) Rules Stayed for Reconsideration. Notwithstanding any other
provision of this subpart, the December 14, 1995 compliance date for
existing facilities in Sec. 63.424(e) and Sec. 63.428(a), (i)(1), and
(j)(1) of this subpart is stayed from December 8, 1995, to March 7,
1996.
[59 FR 64318, Dec. 14, 1994, as amended at 60 FR 43260, Aug. 18, 1995;
60 FR 62992, Dec. 8, 1995; 62 FR 9092, Feb. 28, 1997]
Sec. 63.421 Definitions.
As used in this subpart, all terms not defined herein shall have the
meaning given them in the Act; in subparts A, K, Ka, Kb, and XX of part
60 of this chapter; or in subpart A of this part. All terms defined in
both subpart A of part 60 of this chapter and subpart A of this part
shall have the meaning given in subpart A of this part. For purposes of
this subpart, definitions in this section supersede definitions in other
parts or subparts.
Bulk gasoline terminal means any gasoline facility which receives
gasoline by pipeline, ship or barge, and has a gasoline throughput
greater than 75,700 liters per day. Gasoline throughput shall be the
maximum calculated design throughput as may be limited by compliance
with an enforceable condition under Federal, State or local law and
discoverable by the Administrator and any other person.
Controlled loading rack, for the purposes of Sec. 63.420, means a
loading rack equipped with vapor collection and processing systems that
reduce displaced vapor emissions to no more than 80 milligrams of total
organic compounds per liter of gasoline loaded, as measured using the
test methods and procedures in Sec. 60.503 (a) through (c) of this
chapter.
Equipment means each valve, pump, pressure relief device, sampling
connection system, open-ended valve or
[[Page 461]]
line, and flange or other connector in the gasoline liquid transfer and
vapor collection systems. This definition also includes the entire vapor
processing system except the exhaust port(s) or stack(s).
Gasoline cargo tank means a delivery tank truck or railcar which is
loading gasoline or which has loaded gasoline on the immediately
previous load.
In gasoline service means that a piece of equipment is used in a
system that transfers gasoline or gasoline vapors.
Limitation(s) on potential to emit means limitation(s) limiting a
source's potential to emit as defined in Sec. 63.2 of subpart A of this
part.
Operating parameter value means a value for an operating or emission
parameter of the vapor processing system (e.g., temperature) which, if
maintained continuously by itself or in combination with one or more
other operating parameter values, determines that an owner or operator
has complied with the applicable emission standard. The operating
parameter value is determined using the procedures outlined in
Sec. 63.425(b).
Oxygenated gasoline means the same as defined in 40 CFR 80.2(rr).
Pipeline breakout station means a facility along a pipeline
containing storage vessels used to relieve surges or receive and store
gasoline from the pipeline for reinjection and continued transportation
by pipeline or to other facilities.
Reformulated gasoline means the same as defined in 40 CFR 80.2(ee).
Uncontrolled loading rack means a loading rack used to load gasoline
cargo tanks that is not a controlled loading rack.
Vapor-tight gasoline cargo tank means a gasoline cargo tank which
has demonstrated within the 12 preceding months that it meets the annual
certification test requirements in Sec. 63.425(e), and which is subject
at all times to the test requirements in Sec. 63.425 (f), (g), and (h).
Volatile organic liquid (VOL) means, for the purposes of this
subpart, gasoline.
[59 FR 64318, Dec. 14, 1994, as amended at 62 FR 9093, Feb. 28, 1997]
Sec. 63.422 Standards: Loading racks.
(a) Each owner or operator of loading racks at a bulk gasoline
terminal subject to the provisions of this subpart shall comply with the
requirements in Sec. 60.502 of this chapter except for paragraphs (b),
(c), and (j) of that section. For purposes of this section, the term
``affected facility'' used in Sec. 60.502 of this chapter means the
loading racks that load gasoline cargo tanks at the bulk gasoline
terminals subject to the provisions of this subpart.
(b) Emissions to the atmosphere from the vapor collection and
processing systems due to the loading of gasoline cargo tanks shall not
exceed 10 milligrams of total organic compounds per liter of gasoline
loaded.
(c) Each owner or operator of a bulk gasoline terminal subject to
the provisions of this subpart shall comply with Sec. 60.502(e) of this
chapter as follows:
(1) For the purposes of this section, the term ``tank truck'' as
used in Sec. 60.502(e) of this chapter means ``cargo tank.''
(2) Section 60.502(e)(5) of this chapter is changed to read: The
terminal owner or operator shall take steps assuring that the nonvapor-
tight gasoline cargo tank will not be reloaded at the facility until
vapor tightness documentation for that gasoline cargo tank is obtained
which documents that:
(i) The gasoline cargo tank meets the applicable test requirements
in Sec. 63.425(e);
(ii) For each gasoline cargo tank failing the test in Sec. 63.425
(f) or (g) at the facility, the cargo tank either:
(A) Before repair work is performed on the cargo tank, meets the
test requirements in Sec. 63.425 (g) or (h), or
(B) After repair work is performed on the cargo tank before or
during the tests in Sec. 63.425 (g) or (h), subsequently passes the
annual certification test described in Sec. 63.425(e).
(d) Each owner or operator shall meet the requirements in all
paragraphs of this section as expeditiously as practicable, but no later
than December 15, 1997, at existing facilities and upon startup for new
facilities.
[59 FR 64318, Dec. 14, 1994; 60 FR 32913, June 26, 1995]
[[Page 462]]
Sec. 63.423 Standards: Storage vessels.
(a) Each owner or operator of a bulk gasoline terminal or pipeline
breakout station subject to the provisions of this subpart shall equip
each gasoline storage vessel with a design capacity greater than or
equal to 75 m3 according to the requirements in
Sec. 60.112b(a) (1) through (4) of this chapter, except for the
requirements in Secs. 60.112b(a)(1) (iv) through (ix) and
60.112b(a)(2)(ii) of this chapter.
(b) Each owner or operator shall equip each gasoline external
floating roof storage vessel with a design capacity greater than or
equal to 75 m3 according to the requirements in
Sec. 60.112b(a)(2)(ii) of this chapter if such storage vessel does not
currently meet the requirements in paragraph (a) of this section.
(c) Each gasoline storage vessel at existing bulk gasoline terminals
and pipeline breakout stations shall be in compliance with the
requirements in paragraphs (a) and (b) of this section as expeditiously
as practicable, but no later than December 15, 1997. At new bulk
gasoline terminals and pipeline breakout stations, compliance shall be
achieved upon startup.
Sec. 63.424 Standards: Equipment leaks.
(a) Each owner or operator of a bulk gasoline terminal or pipeline
breakout station subject to the provisions of this subpart shall perform
a monthly leak inspection of all equipment in gasoline service. For this
inspection, detection methods incorporating sight, sound, and smell are
acceptable. Each piece of equipment shall be inspected during the
loading of a gasoline cargo tank.
(b) A log book shall be used and shall be signed by the owner or
operator at the completion of each inspection. A section of the log
shall contain a list, summary description, or diagram(s) showing the
location of all equipment in gasoline service at the facility.
(c) Each detection of a liquid or vapor leak shall be recorded in
the log book. When a leak is detected, an initial attempt at repair
shall be made as soon as practicable, but no later than 5 calendar days
after the leak is detected. Repair or replacement of leaking equipment
shall be completed within 15 calendar days after detection of each leak,
except as provided in paragraph (d) of this section.
(d) Delay of repair of leaking equipment will be allowed upon a
demonstration to the Administrator that repair within 15 days is not
feasible. The owner or operator shall provide the reason(s) a delay is
needed and the date by which each repair is expected to be completed.
(e) Initial compliance with the requirements in paragraphs (a)
through (d) of this section shall be achieved by existing sources as
expeditiously as practicable, but no later than December 15, 1997. For
new sources, initial compliance shall be achieved upon startup.
(f) As an alternative to compliance with the provisions in
paragraphs (a) through (d) of this section, owners or operators may
implement an instrument leak monitoring program that has been
demonstrated to the Administrator as at least equivalent.
(g) Owners and operators shall not allow gasoline to be handled in a
manner that would result in vapor releases to the atmosphere for
extended periods of time. Measures to be taken include, but are not
limited to, the following:
(1) Minimize gasoline spills;
(2) Clean up spills as expeditiously as practicable;
(3) Cover all open gasoline containers with a gasketed seal when not
in use;
(4) Minimize gasoline sent to open waste collection systems that
collect and transport gasoline to reclamation and recycling devices,
such as oil/water separators.
[59 FR 64318, Dec. 14, 1994, as amended at 61 FR 7723, Feb. 29, 1996]
Sec. 63.425 Test methods and procedures.
(a) Each owner or operator subject to the emission standard in
Sec. 63.422(b) or Sec. 60.112b(a)(3)(ii) of this chapter shall conduct a
performance test on the vapor processing system according to the test
methods and procedures in Sec. 60.503, except a reading of 500 ppm shall
be used to determine the level of leaks to be repaired under
Sec. 60.503(b). If a flare is used to control emissions, and emissions
from this device cannot be measured using these methods and procedures,
the provisions of Sec. 63.11(b) shall apply.
[[Page 463]]
(b) For each performance test conducted under paragraph (a) of this
section, the owner or operator shall determine a monitored operating
parameter value for the vapor processing system using the following
procedure:
(1) During the performance test, continuously record the operating
parameter under Sec. 63.427(a);
(2) Determine an operating parameter value based on the parameter
data monitored during the performance test, supplemented by engineering
assessments and the manufacturer's recommendations; and
(3) Provide for the Administrator's approval the rationale for the
selected operating parameter value, and monitoring frequency and
averaging time, including data and calculations used to develop the
value and a description of why the value, monitoring frequency, and
averaging time demonstrate continuous compliance with the emission
standard in Sec. 63.422(b) or Sec. 60.112b(a)(3)(ii) of this chapter.
(c) For performance tests performed after the initial test, the
owner or operator shall document the reasons for any change in the
operating parameter value since the previous performance test.
(d) The owner or operator of each gasoline storage vessel subject to
the provisions of Sec. 63.423 shall comply with Sec. 60.113b of this
chapter. If a closed vent system and control device are used, as
specified in Sec. 60.112b(a)(3) of this chapter, to comply with the
requirements in Sec. 63.423, the owner or operator shall also comply
with the requirements in paragraph (b) of this section.
(e) Annual certification test. The annual certification test for
gasoline cargo tanks shall consist of the following test methods and
procedures:
(1) Method 27, appendix A, 40 CFR part 60. Conduct the test using a
time period (t) for the pressure and vacuum tests of 5 minutes. The
initial pressure (Pi) for the pressure test shall be 460 mm
H2 O (18 in. H2 O), gauge. The initial vacuum
(Vi) for the vacuum test shall be 150 mm H2 O (6
in. H2 O), gauge. The maximum allowable pressure and vacuum
changes ([Delta] p, [Delta] v) are as shown in the second column of
Table 2 of this paragraph.
Table 2--Allowable Cargo Tank Test Pressure or Vacuum Change
------------------------------------------------------------------------
Annual
certification- Allowable
allowable pressure
pressure or change
Cargo tank or compartment capacity, vacuum change ([Delta] p) in
liters (gal) ([Delta] p, 5 minutes at
[Delta] v) in any time, mm
5 minutes, mm H2 O (in. H2
H2 O (in. H2 O)
O)
------------------------------------------------------------------------
9,464 or more (2,500 or more)........... 25 (1.0) 64 (2.5)
9,463 to 5,678 (2,499 to 1,500)......... 38 (1.5) 76 (3.0)
5,679 to 3,785 (1,499 to 1,000)......... 51 (2.0) 89 (3.5)
3,782 or less (999 or less)............. 64 (2.5) 102 (4.0)
------------------------------------------------------------------------
(2) Pressure test of the cargo tank's internal vapor valve as
follows:
(i) After completing the tests under paragraph (e)(1) of this
section, use the procedures in Method 27 to repressurize the tank to 460
mm H2 O (18 in. H2 O), gauge. Close the tank's
internal vapor valve(s), thereby isolating the vapor return line and
manifold from the tank.
(ii) Relieve the pressure in the vapor return line to atmospheric
pressure, then reseal the line. After 5 minutes, record the gauge
pressure in the vapor return line and manifold. The maximum allowable 5-
minute pressure increase is 130 mm H2 O (5 in. H2
O).
(f) Leak detection test. The leak detection test shall be performed
using Method 21, appendix A, 40 CFR part 60, except omit section 4.3.2
of Method 21. A vapor-tight gasoline cargo tank shall have no leaks at
any time when tested according to the procedures in this paragraph.
(1) The leak definition shall be 21,000 ppm as propane. Use propane
to calibrate the instrument, setting the span at the leak definition.
The response time to 90 percent of the final stable reading shall be
less than 8 seconds for the detector with the sampling line and probe
attached.
[[Page 464]]
(2) In addition to the procedures in Method 21, include the
following procedures:
(i) Perform the test on each compartment during loading of that
compartment or while the compartment is still under pressure.
(ii) To eliminate a positive instrument drift, the dwell time for
each leak detection shall not exceed two times the instrument response
time. Purge the instrument with ambient air between each leak detection.
The duration of the purge shall be in excess of two instrument response
times.
(iii) Attempt to block the wind from the area being monitored.
Record the highest detector reading and location for each leak.
(g) Nitrogen pressure decay field test. For those cargo tanks with
manifolded product lines, this test procedure shall be conducted on each
compartment.
(1) Record the cargo tank capacity. Upon completion of the loading
operation, record the total volume loaded. Seal the cargo tank vapor
collection system at the vapor coupler. The sealing apparatus shall have
a pressure tap. Open the internal vapor valve(s) of the cargo tank and
record the initial headspace pressure. Reduce or increase, as necessary,
the initial headspace pressure to 460 mm H2 O (18.0 in.
H2 O), gauge by releasing pressure or by adding commercial
grade nitrogen gas from a high pressure cylinder capable of maintaining
a pressure of 2,000 psig.
(i) The cylinder shall be equipped with a compatible two-stage
regulator with a relief valve and a flow control metering valve. The
flow rate of the nitrogen shall be no less than 2 cfm. The maximum
allowable time to pressurize cargo tanks with headspace volumes of 1,000
gallons or less to the appropriate pressure is 4 minutes. For cargo
tanks with a headspace of greater than 1,000 gallons, use as a maximum
allowable time to pressurize 4 minutes or the result from the equation
below, whichever is greater.
T = Vh x 0.004
where:
T = maximum allowable time to pressurize the cargo tank, min;
Vh = cargo tank headspace volume during testing, gal.
(2) It is recommended that after the cargo tank headspace pressure
reaches approximately 460 mm H2 O (18 in. H20),
gauge, a fine adjust valve be used to adjust the headspace pressure to
460 mm H2 O (18.0 in. H2 O), gauge for the next 30
5 seconds.
(3) Reseal the cargo tank vapor collection system and record the
headspace pressure after 1 minute. The measured headspace pressure after
1 minute shall be greater than the minimum allowable final headspace
pressure (PF) as calculated from the following equation:
[GRAPHIC] [TIFF OMITTED] TR26JN95.000
where:
(PF) = minimum allowable final headspace pressure, in.
H2 O, gauge;
Vs = total cargo tank shell capacity, gal;
Vh = cargo tank headspace volume after loading, gal;
18.0 = initial pressure at start of test, in. H2 O, gauge;
N = 5-minute continuous performance standard at any time from the third
column of Table 2 of Sec. 63.425(e)(i), inches H2 O.
(4) Conduct the internal vapor valve portion of this test by
repressurizing the cargo tank headspace with nitrogen to 460 mm
H2 O (18 in. H2 O), gauge. Close the internal
vapor valve(s), wait for 30 5 seconds, then relieve the pressure
downstream of the vapor valve in the vapor collection system to
atmospheric pressure. Wait 15 seconds, then reseal the vapor collection
system. Measure and record the pressure every minute for 5 minutes.
Within 5 seconds of the pressure measurement at the end of 5 minutes,
open the vapor valve and record the headspace pressure as the ``final
pressure.''
(5) If the decrease in pressure in the vapor collection system is
less than at least one of the interval pressure change values in Table 3
of this paragraph, or if the final pressure is equal to or greater than
20 percent of the 1-minute final headspace pressure determined in the
test in paragraph (g)(3) of this section, then the cargo tank is
considered to be a vapor-tight gasoline cargo tank.
[[Page 465]]
Table 3--Pressure Change for Internal Vapor Valve Test
------------------------------------------------------------------------
Interval
pressure
Time interval change, mm
H2 O (in.
H2 O)
------------------------------------------------------------------------
After 1 minute............................................. 28 (1.1)
After 2 minutes............................................ 56 (2.2)
After 3 minutes............................................ 84 (3.3)
After 4 minutes............................................ 112 (4.4)
After 5 minutes............................................ 140 (5.5)
------------------------------------------------------------------------
(h) Continuous performance pressure decay test. The continuous
performance pressure decay test shall be performed using Method 27,
appendix A, 40 CFR Part 60. Conduct only the positive pressure test
using a time period (t) of 5 minutes. The initial pressure
(Pi) shall be 460 mm H2 O (18 in. H2
O), gauge. The maximum allowable 5-minute pressure change ([Delta] p)
which shall be met at any time is shown in the third column of Table 2
of Sec. 63.425(e)(1).
[59 FR 64318, Dec. 14, 1994; 60 FR 7627, Feb. 8, 1995; 60 FR 32913, June
26, 1995]
Sec. 63.426 Alternative means of emission limitation.
For determining the acceptability of alternative means of emission
limitation for storage vessels under Sec. 63.423, the provisions of
Sec. 60.114b of this chapter apply.
Sec. 63.427 Continuous monitoring.
(a) Each owner or operator of a bulk gasoline terminal subject to
the provisions of this subpart shall install, calibrate, certify,
operate, and maintain, according to the manufacturer's specifications, a
continuous monitoring system (CMS) as specified in paragraph (a)(1),
(a)(2), (a)(3), or (a)(4) of this section, except as allowed in
paragraph (a)(5) of this section.
(1) Where a carbon adsorption system is used, a continuous emission
monitoring system (CEMS) capable of measuring organic compound
concentration shall be installed in the exhaust air stream.
(2) Where a refrigeration condenser system is used, a continuous
parameter monitoring system (CPMS) capable of measuring temperature
shall be installed immediately downstream from the outlet to the
condenser section. Alternatively, a CEMS capable of measuring organic
compound concentration may be installed in the exhaust air stream.
(3) Where a thermal oxidation system is used, a CPMS capable of
measuring temperature shall be installed in the firebox or in the
ductwork immediately downstream from the firebox in a position before
any substantial heat exchange occurs.
(4) Where a flare is used, a heat-sensing device, such as an
ultraviolet beam sensor or a thermocouple, shall be installed in
proximity to the pilot light to indicate the presence of a flame.
(5) Monitoring an alternative operating parameter or a parameter of
a vapor processing system other than those listed in this paragraph will
be allowed upon demonstrating to the Administrator's satisfaction that
the alternative parameter demonstrates continuous compliance with the
emission standard in Sec. 63.422(b) or Sec. 60.112b(a)(3)(ii) of this
chapter.
(b) Each owner or operator of a bulk gasoline terminal subject to
the provisions of this subpart shall operate the vapor processing system
in a manner not to exceed the operating parameter value for the
parameter described in paragraphs (a)(1) and (a)(2) of this section, or
to go below the operating parameter value for the parameter described in
paragraph (a)(3) of this section, and established using the procedures
in Sec. 63.425(b). In cases where an alternative parameter pursuant to
paragraph (a)(5) of this section is approved, each owner or operator
shall operate the vapor processing system in a manner not to exceed or
not to go below, as appropriate, the alternative operating parameter
value. Operation of the vapor processing system in a manner exceeding or
going below the operating parameter value, as specified above, shall
constitute a violation of the emission standard in Sec. 63.422(b).
(c) Each owner or operator of gasoline storage vessels subject to
the provisions of Sec. 63.423 shall comply with the monitoring
requirements in Sec. 60.116b of this chapter, except records shall be
kept for at least 5 years. If a closed vent system and control device
are used, as specified in Sec. 60.112b(a)(3) of
[[Page 466]]
this chapter, to comply with the requirements in Sec. 63.423, the owner
or operator shall also comply with the requirements in paragraph (a) of
this section.
Sec. 63.428 Reporting and recordkeeping.
(a) The initial notifications required for existing affected sources
under Sec. 63.9(b)(2) shall be submitted by 1 year after an affected
source becomes subject to the provisions of this subpart or by December
16, 1996, whichever is later. Affected sources that are major sources on
December 16, 1996 and plan to be area sources by December 15, 1997 shall
include in this notification a brief, non-binding description of and
schedule for the action(s) that are planned to achieve area source
status.
(b) Each owner or operator of a bulk gasoline terminal subject to
the provisions of this subpart shall keep records of the test results
for each gasoline cargo tank loading at the facility as follows:
(1) Annual certification testing performed under Sec. 63.425(e); and
(2) Continuous performance testing performed at any time at that
facility under Sec. 63.425 (f), (g), and (h).
(3) The documentation file shall be kept up-to-date for each
gasoline cargo tank loading at the facility. The documentation for each
test shall include, as a minimum, the following information:
(i) Name of test:
Annual Certification Test--Method 27 (Sec. 63.425(e)(1)),
Annual Certification Test--Internal Vapor Valve (Sec. 63.425(e)(2)),
Leak Detection Test (Sec. 63.425(f)),
Nitrogen Pressure Decay Field Test (Sec. 63.425(g)), or
Continuous Performance Pressure Decay Test (Sec. 63.425(h)).
(ii) Cargo tank owner's name and address.
(iii) Cargo tank identification number.
(iv) Test location and date.
(v) Tester name and signature.
(vi) Witnessing inspector, if any: Name, signature, and affiliation.
(vii) Vapor tightness repair: Nature of repair work and when
performed in relation to vapor tightness testing.
(viii) Test results: Pressure or vacuum change, mm of water; time
period of test; number of leaks found with instrument and leak
definition.
(c) Each owner or operator of a bulk gasoline terminal subject to
the provisions of this subpart shall:
(1) Keep an up-to-date, readily accessible record of the continuous
monitoring data required under Sec. 63.427(a). This record shall
indicate the time intervals during which loadings of gasoline cargo
tanks have occurred or, alternatively, shall record the operating
parameter data only during such loadings. The date and time of day shall
also be indicated at reasonable intervals on this record.
(2) Record and report simultaneously with the notification of
compliance status required under Sec. 63.9(h):
(i) All data and calculations, engineering assessments, and
manufacturer's recommendations used in determining the operating
parameter value under Sec. 63.425(b); and
(ii) The following information when using a flare under provisions
of Sec. 63.11(b) to comply with Sec. 63.422(b):
(A) Flare design (i.e., steam-assisted, air-assisted, or non-
assisted); and
(B) All visible emissions readings, heat content determinations,
flow rate measurements, and exit velocity determinations made during the
compliance determination required under Sec. 63.425(a).
(3) If an owner or operator requests approval to use a vapor
processing system or monitor an operating parameter other than those
specified in Sec. 63.427(a), the owner or operator shall submit 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.
(d) Each owner or operator of storage vessels subject to the
provisions of this subpart shall keep records and furnish reports as
specified in Sec. 60.115b of this chapter, except records shall be kept
for at least 5 years.
(e) Each owner or operator complying with the provisions of
Sec. 63.424 (a) through (d) shall record the following information in
the log book for each leak that is detected:
[[Page 467]]
(1) The equipment type and identification number;
(2) The nature of the leak (i.e., vapor or liquid) and the method of
detection (i.e., sight, sound, or smell);
(3) The date the leak was detected and the date of each attempt to
repair the leak;
(4) Repair methods applied in each attempt to repair the leak;
(5) ``Repair delayed'' and the reason for the delay if the leak is
not repaired within 15 calendar days after discovery of the leak;
(6) The expected date of successful repair of the leak if the leak
is not repaired within 15 days; and
(7) The date of successful repair of the leak.
(f) Each owner or operator subject to the provisions of Sec. 63.424
shall report to the Administrator a description of the types,
identification numbers, and locations of all equipment in gasoline
service. For facilities electing to implement an instrument program
under Sec. 63.424(f), the report shall contain a full description of the
program.
(1) In the case of an existing source or a new source that has an
initial startup date before the effective date, the report shall be
submitted with the notification of compliance status required under
Sec. 63.9(h), unless an extension of compliance is granted under
Sec. 63.6(i). If an extension of compliance is granted, the report shall
be submitted on a date scheduled by the Administrator.
(2) In the case of new sources that did not have an initial startup
date before the effective date, the report shall be submitted with the
application for approval of construction, as described in Sec. 63.5(d).
(g) Each owner or operator of a bulk gasoline terminal or pipeline
breakout station subject to the provisions of this subpart shall include
in a semiannual report to the Administrator the following information,
as applicable:
(1) Each loading of a gasoline cargo tank for which vapor tightness
documentation had not been previously obtained by the facility;
(2) Periodic reports required under paragraph (d) of this section;
and
(3) The number of equipment leaks not repaired within 5 days after
detection.
(h) Each owner or operator of a bulk gasoline terminal or pipeline
breakout station subject to the provisions of this subpart shall submit
an excess emissions report to the Administrator in accordance with
Sec. 63.10(e)(3), whether or not a CMS is installed at the facility. The
following occurrences are excess emissions events under this subpart,
and the following information shall be included in the excess emissions
report, as applicable:
(1) Each exceedance or failure to maintain, as appropriate, the
monitored operating parameter value determined under Sec. 63.425(b). The
report shall include the monitoring data for the days on which
exceedances or failures to maintain have occurred, and a description and
timing of the steps taken to repair or perform maintenance on the vapor
collection and processing systems or the CMS.
(2) Each instance of a nonvapor-tight gasoline cargo tank loading at
the facility in which the owner or operator failed to take steps to
assure that such cargo tank would not be reloaded at the facility before
vapor tightness documentation for that cargo tank was obtained.
(3) Each reloading of a nonvapor-tight gasoline cargo tank at the
facility before vapor tightness documentation for that cargo tank is
obtained by the facility in accordance with Sec. 63.422(c)(2).
(4) For each occurrence of an equipment leak for which no repair
attempt was made within 5 days or for which repair was not completed
within 15 days after detection:
(i) The date on which the leak was detected;
(ii) The date of each attempt to repair the leak;
(iii) The reasons for the delay of repair; and
(iv) The date of successful repair.
(i) Each owner or operator of a facility meeting the criteria in
Sec. 63.420(c) shall perform the requirements of this paragraph (i), all
of which will be available for public inspection:
(1) Document and report to the Administrator not later than December
[[Page 468]]
16, 1996 for existing facilities, within 30 days for existing facilities
subject to Sec. 63.420(c) after December 16, 1996, or at startup for new
facilities the methods, procedures, and assumptions supporting the
calculations for determining criteria in Sec. 63.420(c);
(2) Maintain records to document that the facility parameters
established under Sec. 63.420(c) have not been exceeded; and
(3) Report annually to the Administrator that the facility
parameters established under Sec. 63.420(c) have not been exceeded.
(4) At any time following the notification required under paragraph
(i)(1) of this section and approval by the Administrator of the facility
parameters, and prior to any of the parameters being exceeded, the owner
or operator may submit a report to request modification of any facility
parameter to the Administrator for approval. Each such request shall
document any expected HAP emission change resulting from the change in
parameter.
(j) Each owner or operator of a facility meeting the criteria in
Sec. 63.420(d) shall perform the requirements of this paragraph (j), all
of which will be available for public inspection:
(1) Document and report to the Administrator not later than December
16, 1996 for existing facilities, within 30 days for existing facilities
subject to Sec. 63.420(d) after December 16, 1996, or at startup for new
facilities the use of the emission screening equations in
Sec. 63.420(a)(1) or (b)(1) and the calculated value of ET or
EP;
(2) Maintain a record of the calculations in Sec. 63.420 (a)(1) or
(b)(1), including methods, procedures, and assumptions supporting the
calculations for determining criteria in Sec. 63.420(d); and
(3) At any time following the notification required under paragraph
(j)(1) of this section, and prior to any of the parameters being
exceeded, the owner or operator may notify the Administrator of
modifications to the facility parameters. Each such notification shall
document any expected HAP emission change resulting from the change in
parameter.
[59 FR 64318, Dec. 14, 1994, as amended at 61 FR 7723, Feb. 29, 1996; 62
FR 9093, Feb. 28, 1997]
Sec. 63.429 Delegation of authority.
(a) In delegating implementation and enforcement authority to a
State under section 112(l) of the Act, the authority contained in
paragraph (b) of this section shall be retained by the Administrator and
not transferred to a State.
(b) The authority conferred in Sec. 63.426 and Sec. 63.427(a)(5)
will not be delegated to any State.
Effective Date Note: At 68 FR 37348, June 23, 2003, Sec. 63.429 was
revised effective August 22, 2003. For the convenience of the user, the
revised text is set forth as follows:
Sec. 63.429 Implementation and enforcement.
(a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to a State,
local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
(c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
(1) Approval of alternatives to the requirements in Secs. 63.420,
63.422 through 63.423, and 63.424. Any owner or operator requesting to
use an alternative means of emission limitation for storage vessels
covered by Sec. 63.423 must follow the procedures in Sec. 63.426.
(2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required
in this subpart.
(3) Approval of major alternatives to monitoring under Sec. 63.8(f),
as defined in Sec. 63.90, and as required in this subpart, and any
alternatives to Sec. 63.427(a)(1) through (4) per Sec. 63.427(a)(5).
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.
[[Page 469]]
Table 1 to Subpart R of Part 63--General Provisions Applicability to
Subpart R
----------------------------------------------------------------------------------------------------------------
Reference Applies to subpart R Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)........................................ Yes ...................................
63.1(a)(2)........................................ Yes ...................................
63.1(a)(3)........................................ Yes ...................................
63.1(a)(4)........................................ Yes ...................................
63.1(a)(5)........................................ No Section reserved
63.1(a)(6)(8)..................................... Yes ...................................
63.1(a)(9)........................................ No Section reserved
63.1(a)(10)....................................... Yes ...................................
63.1(a)(11)....................................... Yes ...................................
63.1(a)(12))-(a)(14).............................. Yes ...................................
63.1(b)(1)........................................ No Subpart R specifies applicability
in Sec. 63.420
63.1(b)(2)........................................ Yes ...................................
63.1(b)(3)........................................ No Subpart R specifies reporting and
recordkeeping for some large area
sources in Sec. 63.428
63.1(c)(1)........................................ Yes ...................................
63.1(c)(2)........................................ Yes Some small sources are not subject
to subpart R
63.1(c)(3)........................................ No Section reserved
63.1(c)(4)........................................ Yes ...................................
63.1(c)(5)........................................ Yes ...................................
63.1(d)........................................... No Section reserved
63.1(e)........................................... Yes ...................................
63.2.............................................. Yes Additional definitions in Sec.
63.421
63.3(a)-(c)....................................... Yes ...................................
63.4(a)(1)-(a)(3)................................. Yes ...................................
63.4(a)(4)........................................ No Section reserved
63.4(a)(5)........................................ Yes ...................................
63.4(b)........................................... Yes ...................................
63.4(c)........................................... Yes ...................................
63.5(a)(1)........................................ Yes ...................................
63.5(a)(2)........................................ Yes ...................................
63.5(b)(1)........................................ Yes ...................................
63.5(b)(2)........................................ No Section reserved
63.5(b)(3)........................................ Yes ...................................
63.5(b)(4)........................................ Yes ...................................
63.5(b)(5)........................................ Yes ...................................
63.5(b)(6)........................................ Yes ...................................
63.5(c)........................................... No Section reserved
63.5(d)(1)........................................ Yes ...................................
63.5(d)(2)........................................ Yes ...................................
63.5(d)(3)........................................ Yes ...................................
63.5(d)(4)........................................ Yes ...................................
63.5(e)........................................... Yes ...................................
63.5(f)(1)........................................ Yes ...................................
63.5(f)(2)........................................ Yes ...................................
63.6(a)........................................... Yes ...................................
63.6(b)(1)........................................ Yes ...................................
63.6(b)(2)........................................ Yes ...................................
63.6(b)(3)........................................ Yes ...................................
63.6(b)(4)........................................ Yes ...................................
63.6(b)(5)........................................ Yes ...................................
63.6(b)(6)........................................ No Section reserved
63.6(b)(7)........................................ Yes ...................................
63.6(c)(1)........................................ No Subpart R specifies the compliance
date
63.6(c)(2)........................................ Yes ...................................
63.6(c)(3)-(c)(4)................................. No Sections reserved
63.6(c)(5)........................................ Yes ...................................
63.6(d)........................................... No Section reserved
63.6(e)........................................... Yes ...................................
63.6(f)(1)........................................ Yes ...................................
63.6(f)(2)........................................ Yes ...................................
63.6(f)(3)........................................ Yes ...................................
63.6(g)........................................... Yes ...................................
63.6(h)........................................... No Subpart R does not require COMS
[[Page 470]]
63.6(i)(1)-(i)(14)................................ Yes ...................................
63.6(i)(15)....................................... No Section reserved
63.6(i)(16)....................................... Yes ...................................
63.6(j)........................................... Yes ...................................
63.7(a)(1)........................................ Yes ...................................
63.7(a)(2)........................................ Yes ...................................
63.7(a)(3)........................................ Yes ...................................
63.7(b)........................................... Yes ...................................
63.7(c)........................................... Yes ...................................
63.7(d)........................................... Yes ...................................
63.7(e)(1)........................................ Yes ...................................
63.7(e)(2)........................................ Yes ...................................
63.7(e)(3)........................................ Yes ...................................
63.7(e)(4)........................................ Yes ...................................
63.7(f)........................................... Yes ...................................
63.7(g)........................................... Yes ...................................
63.7(h)........................................... Yes ...................................
63.8(a)(1)........................................ Yes ...................................
63.8(a)(2)........................................ Yes ...................................
63.8(a)(3)........................................ No Section reserved
63.8(a)(4)........................................ Yes ...................................
63.8(b)(1)........................................ Yes ...................................
63.8(b)(2)........................................ Yes ...................................
63.8(b)(3)........................................ Yes ...................................
63.8(c)(1)........................................ Yes ...................................
63.8(c)(2)........................................ Yes ...................................
63.8(c)(3)........................................ Yes ...................................
63.8(c)(4)........................................ Yes ...................................
63.8(c)(5)........................................ No Subpart R does not require COMS
63.8(c)(6)-(c)(8)................................. Yes ...................................
63.8(d)........................................... Yes ...................................
63.8(e)........................................... Yes ...................................
63.8(f)(1)-(f)(5)................................. Yes ...................................
63.8(f)(6)........................................ Yes ...................................
63.8(g)........................................... Yes ...................................
63.9(a)........................................... Yes ...................................
63.9(b)(1)........................................ Yes ...................................
63.9(b)(2)........................................ No Subpart R allows additional time
for existing sources to submit
initial notification. Sec.
63.428(a) specifies submittal by 1
year after being subject to the
rule or December 16, 1996,
whichever is later.
63.9(b)(3)........................................ Yes ...................................
63.9(b)(4)........................................ Yes ...................................
63.9(b)(5)........................................ Yes ...................................
63.9(c)........................................... Yes ...................................
63.9(d)........................................... Yes ...................................
63.9(e)........................................... Yes ...................................
63.9(f)........................................... Yes ...................................
63.9(g)........................................... Yes ...................................
63.9(h)(1)-(h)(3)................................. Yes ...................................
63.9(h)(4)........................................ No Section reserved
63.9(h)(5)-(h)(6)................................. Yes ...................................
63.9(i)........................................... Yes ...................................
63.9(j)........................................... Yes ...................................
63.10(a).......................................... Yes ...................................
63.10(b)(1)....................................... Yes ...................................
63.10(b)(2)....................................... Yes ...................................
63.10(b)(3)....................................... Yes ...................................
63.10(c)(1)....................................... Yes ...................................
63.10(c)(2)-(c)(4)................................ No Sections reserved
63.10(c)(5)-(c)(8)................................ Yes ...................................
63.10(c)(9)....................................... No Section reserved
63.10(c)(5)-(c)(8)................................ Yes ...................................
63.10(d)(1)....................................... Yes ...................................
63.10(d)(2)....................................... Yes ...................................
63.10(d)(3)....................................... Yes ...................................
63.10(d)(4)....................................... Yes ...................................
63.10(d)(5)....................................... Yes ...................................
[[Page 471]]
63.10(e).......................................... Yes ...................................
63.10(f).......................................... Yes ...................................
63.11(a)-(b)...................................... Yes ...................................
63.12(a)-(c)...................................... Yes ...................................
63.13(a)-(c)...................................... Yes ...................................
63.14(a)-(b)...................................... Yes ...................................
63.15(a)-(b)...................................... Yes ...................................
----------------------------------------------------------------------------------------------------------------
[59 FR 64318, Dec. 14, 1994, as amended at 61 FR 7724, Feb. 29, 1996]
Subpart S--National Emission Standards for Hazardous Air Pollutants from
the Pulp and Paper Industry
Source: 63 FR 18617, Apr. 15, 1998, unless otherwise noted.
Sec. 63.440 Applicability.
(a) The provisions of this subpart apply to the owner or operator of
processes that produce pulp, paper, or paperboard; that are located at a
plant site that is a major source as defined in Sec. 63.2 of subpart A
of this part; and that use the following processes and materials:
(1) Kraft, soda, sulfite, or semi-chemical pulping processes using
wood; or
(2) Mechanical pulping processes using wood; or
(3) Any process using secondary or non-wood fibers.
(b) The affected source to which the existing sourceprovisions of
this subpart apply is as follows:
(1) For the processes specified in paragraph (a)(1) of this section,
the affected source is the total of all HAP emission points in the
pulping and bleaching systems; or
(2) For the processes specified in paragraphs (a)(2) or (a)(3) of
this section, the affected source is the total of all HAP emission
points in the bleaching system.
(c) The new source provisions of this subpart apply to the total of
all HAP emission points at new or existing sources as follows:
(1) Each affected source defined in paragraph (b)(1) of this section
that commences construction or reconstruction after December 17, 1993;
(2) Each pulping system or bleaching system for the processes
specified in paragraph (a)(1) of this section that commences
construction or reconstruction after December 17, 1993;
(3) Each additional pulping or bleaching line at the processes
specified in paragraph (a)(1) of this section, that commences
construction after December 17, 1993;
(4) Each affected source defined in paragraph (b)(2) of this section
that commences construction or reconstruction after March 8, 1996; or
(5) Each additional bleaching line at the processes specified in
paragraphs (a)(2) or (a)(3) of this section, that commences construction
after March 8, 1996.
(d) Each existing source shall achieve compliance no later than
April 16, 2001, except as provided in paragraphs (d)(1) through (d)(3)
of this section.
(1) Each kraft pulping system shall achieve compliance with the
pulping system provisions of Sec. 63.443 for the equipment listed in
Sec. 63.443(a)(1)(ii) through (a)(1)(v) as expeditiously as practicable,
but in no event later than April 17, 2006 and the owners and operators
shall establish dates, update dates, and report the dates for the
milestones specified in Sec. 63.455(b).
(2) Each dissolving-grade bleaching system at either kraft or
sulfite pulping mills shall achieve compliance with the bleach plant
provisions of Sec. 63.445 of this subpart as expeditiously as
practicable, but in no event later than 3 years after the promulgation
of the revised effluent limitation guidelines and standards under 40 CFR
430.14 through 430.17 and 40 CFR 430.44 through 430.47.
(3) Each bleaching system complying with the Voluntary Advanced
Technology Incentives Program for Effluent Limitation Guidelines in 40
CFR 430.24, shall comply with the requirements
[[Page 472]]
specified in either paragraph (d)(3)(i) or (d)(3)(ii) of this section
for the effluent limitation guidelines and standards in 40 CFR 430.24.
(i) Comply with the bleach plant provisions of Sec. 63.445 of this
subpart as expeditiously as practicable, but in no event later than
April 16, 2001.
(ii) Comply with paragraphs (d)(3)(ii)(A), (d)(3)(ii)(B), and
(d)(3)(ii)(C) of this section.
(A) The owner or operator of a bleaching system shall comply with
the bleach plant provisions of Sec. 63.445 of this subpart as
expeditiously as practicable, but in no event later than April 15, 2004.
(B) The owner or operator of a bleaching system shall comply with
the requirements specified in either paragraph (d)(3)(ii)(B)(1) or
(d)(3)(ii)(B)(2) of this section.
(1) Not increase the application rate of chlorine or hypochlorite in
kilograms (kg) of bleaching agent per megagram of ODP, in the bleaching
system above the average daily rates used over the three months prior to
June 15, 1998 until the requirements of paragraph (d)(3)(ii)(A) of this
section are met and record application rates as specified in
Sec. 63.454(c).
(2) Comply with enforceable effluent limitations guidelines for
2,3,7,8-tetrachloro-dibenzo-p-dioxin and adsorbable organic halides at
least as stringent as the baseline BAT levels set out in 40 CFR
430.24(a)(1) as expeditiously as possible, but in no event later than
April 16, 2001.
(C) Owners and operators shall establish dates, update dates, and
report the dates for the milestones specified in Sec. 63.455(b).
(e) Each new source, specified as the total of all HAP emission
points for the sources specified in paragraph (c) of this section, shall
achieve compliance upon start-up or June 15, 1998, whichever is later,
as provided in Sec. 63.6(b) of subpart A of this part.
(f) Each owner or operator of an affected source with affected
process equipment shared by more than one type of pulping process, shall
comply with the applicable requirement in this subpart that achieves the
maximum degree of reduction in HAP emissions.
(g) Each owner or operator of an affected source specified in
paragraphs (a) through (c) of this section must comply with the
requirements of subpart A--General Provisions of this part, as indicated
in table 1 to this subpart.
[63 FR 18617, Apr. 15, 1998, as amended at 63 FR 71389, Dec. 28, 1998]
Sec. 63.441 Definitions.
All terms used in this subpart shall have the meaning given them in
the CAA, in subpart A of this part, and in this section as follows:
Acid condensate storage tank means any storage tank containing
cooking acid following the sulfur dioxide gas fortification process.
Black liquor means spent cooking liquor that has been separated from
the pulp produced by the kraft, soda, or semi-chemical pulping process.
Bleaching means brightening of pulp by the addition of oxidizing
chemicals or reducing chemicals.
Bleaching line means a group of bleaching stages arranged in series
such that bleaching of the pulp progresses as the pulp moves from one
stage to the next.
Bleaching stage means all process equipment associated with a
discrete step of chemical application and removal in the bleaching
process including chemical and steam mixers, bleaching towers, washers,
seal (filtrate) tanks, vacuum pumps, and any other equipment serving the
same function as those previously listed.
Bleaching system means all process equipment after high-density pulp
storage prior to the first application of oxidizing chemicals or
reducing chemicals following the pulping system, up to and including the
final bleaching stage.
Boiler means any enclosed combustion device that extracts useful
energy in the form of steam. A boiler is not considered a thermal
oxidizer.
Chip steamer means a vessel used for the purpose of preheating or
pretreating wood chips prior to the digester, using flash steam from the
digester or live steam.
Closed-vent system means a system that is not open to the atmosphere
and
[[Page 473]]
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, including
but not limited to, a thermal oxidizer, lime kiln, recovery furnace,
process heater, or boiler, used for the thermal oxidation of organic
hazardous air pollutant vapors.
Decker system means all equipment used to thicken the pulp slurry or
reduce its liquid content after the pulp washing system and prior to
high-density pulp storage. The decker system includes decker vents,
filtrate tanks, associated vacuum pumps, and any other equipment serving
the same function as those previously listed.
Digester system means each continuous digester or each batch
digester used for the chemical treatment of wood or non-wood fibers. The
digester system equipment includes associated flash tank(s), blow
tank(s), chip steamer(s) not using fresh steam, blow heat recovery
accumulator(s), relief gas condenser(s), prehydrolysis unit(s) preceding
the pulp washing system, and any other equipment serving the same
function as those previously listed. The digester system includes any of
the liquid streams or condensates associated with batch or continuous
digester relief, blow, or flash steam processes.
Emission point means any part of a stationary source that emits
hazardous air pollutants regulated under this subpart, including
emissions from individual process vents, stacks, open pieces of process
equipment, equipment leaks, wastewater and condensate collection and
treatment system units, and those emissions that could reasonably be
conveyed through a stack, chimney, or duct where such emissions first
reach the environment.
Evaporator system means all equipment associated with increasing the
solids content and/or concentrating spent cooking liquor from the pulp
washing system including pre-evaporators, multi-effect evaporators,
concentrators, and vacuum systems, as well as associated condensers,
hotwells, and condensate streams, and any other equipment serving the
same function as those previously listed.
Flow indicator means any device that indicates gas or liquid flow in
an enclosed system.
HAP means a hazardous air pollutant as defined in Sec. 63.2 of
subpart A of this part.
High volume, low concentration or HVLC collection system means the
gas collection and transport system used to convey gases from the HVLC
system to a control device.
High volume, low concentration or HVLC system means the collection
of equipment including the pulp washing, knotter, screen, decker, and
oxygen delignification systems, weak liquor storage tanks, and any other
equipment serving the same function as those previously listed.
Knotter system means equipment where knots, oversized material, or
pieces of uncooked wood are removed from the pulp slurry after the
digester system and prior to the pulp washing system. The knotter system
equipment includes the knotter, knot drainer tanks, ancillary tanks, and
any other equipment serving the same function as those previously
listed.
Kraft pulping means a chemical pulping process that uses a mixture
of sodium hydroxide and sodium sulfide as the cooking liquor.
Lime kiln means an enclosed combustion device used to calcine lime
mud, which consists primarily of calcium carbonate, into calcium oxide.
Low volume, high concentration or LVHC collection system means the
gas collection and transport system used to convey gases from the LVHC
system to a control device.
Low volume, high concentration or LVHC system means the collection
of equipment including the digester, turpentine recovery, evaporator,
steam stripper systems, and any other equipment serving the same
function as those previously listed.
Mechanical pulping means a pulping process that only uses mechanical
and thermo-mechanical processes to reduce wood to a fibrous mass. The
mechanical pulping processes include, but are
[[Page 474]]
not limited to, stone groundwood, pressurized groundwood, refiner
mechanical, thermal refiner mechanical, thermo-mechanical, and tandem
thermo-mechanical.
Non-wood pulping means the production of pulp from fiber sources
other than trees. The non-wood fiber sources include, but are not
limited to, bagasse, cereal straw, cotton, flax straw, hemp, jute,
kenaf, and leaf fibers.
Oven-dried pulp or ODP means a pulp sample at zero percent moisture
content by weight. Pulp samples for applicability or compliance
determinations for both the pulping and bleaching systems shall be
unbleached pulp. For purposes of complying with mass emission limits in
this subpart, megagram of ODP shall be measured to represent the amount
of pulp entering and processed by the equipment system under the
specified mass limit. For equipment that does not process pulp, megagram
of ODP shall be measured to represent the amount of pulp that was
processed to produce the gas and liquid streams.
Oxygen delignification system means the equipment that uses oxygen
to remove lignin from pulp after high-density stock storage and prior to
the bleaching system. The oxygen delignification system equipment
includes the blow tank, washers, filtrate tanks, any interstage pulp
storage tanks, and any other equipment serving the same function as
those previously listed.
Primary fuel means the fuel that provides the principal heat input
to the combustion device. To be considered primary, the fuel must be
able to sustain operation of the combustion device without the addition
of other fuels.
Process wastewater treatment system means a collection of equipment,
a process, or specific technique that removes or destroys the HAPs in a
process wastewater stream. Examples include, but are not limited to, a
steam stripping unit, wastewater thermal oxidizer, or biological
treatment unit.
Pulp washing system means all equipment used to wash pulp and
separate spent cooking chemicals following the digester system and prior
to the bleaching system, oxygen delignification system, or paper machine
system (at unbleached mills). The pulp washing system equipment includes
vacuum drum washers, diffusion washers, rotary pressure washers,
horizontal belt filters, intermediate stock chests, and their associated
vacuum pumps, filtrate tanks, foam breakers or tanks, and any other
equipment serving the same function as those previously listed. The pulp
washing system does not include deckers, screens, knotters, stock
chests, or pulp storage tanks following the last stage of pulp washing.
Pulping line means a group of equipment arranged in series such that
the wood chips are digested and the resulting pulp progresses through a
sequence of steps that may include knotting, refining, washing,
thickening, blending, storing, oxygen delignification, and any other
equipment serving the same function as those previously listed.
Pulping process condensates means any HAP-containing liquid that
results from contact of water with organic compounds in the pulping
process. Examples of process condensates include digester system
condensates, turpentine recovery system condensates, evaporator system
condensates, LVHC system condensates, HVLC system condensates, and any
other condensates from equipment serving the same function as those
previously listed. Liquid streams that are intended for byproduct
recovery are not considered process condensate streams.
Pulping system means all process equipment, beginning with the
digester system, and up to and including the last piece of pulp
conditioning equipment prior to the bleaching system, including
treatment with ozone, oxygen, or peroxide before the first application
of a chemical bleaching agent intended to brighten pulp. The pulping
system includes pulping process condensates and can include multiple
pulping lines.
Recovery furnace means an enclosed combustion device where
concentrated spent liquor is burned to recover sodium and sulfur,
produce steam, and dispose of unwanted dissolved wood components in the
liquor.
Screen system means equipment in which oversized particles are
removed from the pulp slurry prior to the
[[Page 475]]
bleaching or papermaking system washed stock storage.
Secondary fiber pulping means a pulping process that converts a
fibrous material, that has previously undergone a manufacturing process,
into pulp stock through the addition of water and mechanical energy. The
mill then uses that pulp as the raw material in another manufactured
product. These mills may also utilize chemical, heat, and mechanical
processes to remove ink particles from the fiber stock.
Semi-chemical pulping means a pulping process that combines both
chemical and mechanical pulping processes. The semi-chemical pulping
process produces intermediate yields ranging from 55 to 90 percent.
Soda pulping means a chemical pulping process that uses sodium
hydroxide as the active chemical in the cooking liquor.
Spent liquor means process liquid generated from the separation of
cooking liquor from pulp by the pulp washing system containing dissolved
organic wood materials and residual cooking compounds.
Steam stripper system means a column (including associated stripper
feed tanks, condensers, or heat exchangers) used to remove compounds
from wastewater or condensates using steam. The steam stripper system
also contains all equipment associated with a methanol rectification
process including rectifiers, condensers, decanters, storage tanks, and
any other equipment serving the same function as those previously
listed.
Strong liquor storage tanks means all storage tanks containing
liquor that has been concentrated in preparation for combustion or
oxidation in the recovery process.
Sulfite pulping means a chemical pulping process that uses a mixture
of sulfurous acid and bisulfite ion as the cooking liquor.
Temperature monitoring device means a piece of equipment used to
monitor temperature and having an accuracy of 1.0 percent of the
temperature being monitored expressed in degrees Celsius or 0.5 degrees
Celsius ( deg.C), whichever is greater.
Thermal oxidizer means an enclosed device that destroys organic
compounds by thermal oxidation.
Turpentine recovery system means all equipment associated with
recovering turpentine from digester system gases including condensers,
decanters, storage tanks, and any other equipment serving the same
function as those previously listed. The turpentine recovery system
includes any liquid streams associated with the turpentine recovery
process such as turpentine decanter underflow. Liquid streams that are
intended for byproduct recovery are not considered turpentine recovery
system condensate streams.
Weak liquor storage tank means any storage tank except washer
filtrate tanks containing spent liquor recovered from the pulping
process and prior to the evaporator system.
[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999]
Sec. 63.442 [Reserved]
Sec. 63.443 Standards for the pulping system at kraft, soda, and semi-chemical processes.
(a) The owner or operator of each pulping system using the kraft
process subject to the requirements of this subpart shall control the
total HAP emissions from the following equipment systems, as specified
in paragraphs (c) and (d) of this section.
(1) At existing affected sources, the total HAP emissions from the
following equipment systems shall be controlled:
(i) Each LVHC system;
(ii) Each knotter or screen system with total HAP mass emission
rates greater than or equal to the rates specified in paragraphs
(a)(1)(ii)(A) or (a)(1)(ii)(B) of this section or the combined rate
specified in paragraph (a)(1)(ii)(C) of this section.
(A) Each knotter system with emissions of 0.05 kilograms or more of
total HAP per megagram of ODP (0.1 pounds per ton).
(B) Each screen system with emissions of 0.10 kilograms or more of
total HAP per megagram of ODP (0.2 pounds per ton).
(C) Each knotter and screen system with emissions of 0.15 kilograms
or
[[Page 476]]
more of total HAP per megagram of ODP (0.3 pounds per ton).
(iii) Each pulp washing system;
(iv) Each decker system that:
(A) Uses any process water other than fresh water or paper machine
white water; or
(B) Uses any process water with a total HAP concentration greater
than 400 parts per million by weight; and
(v) Each oxygen delignification system.
(2) At new affected sources, the total HAP emissions from the
equipment systems listed in paragraphs (a)(1)(i), (a)(1)(iii), and
(a)(1)(v) of this section and the following equipment systems shall be
controlled:
(i) Each knotter system;
(ii) Each screen system;
(iii) Each decker system; and
(iv) Each weak liquor storage tank.
(b) The owner or operator of each pulping system using a semi-
chemical or soda process subject to the requirements of this subpart
shall control the total HAP emissions from the following equipment
systems as specified in paragraphs (c) and (d) of this section.
(1) At each existing affected source, the total HAP emissions from
each LVHC system shall be controlled.
(2) At each new affected source, the total HAP emissions from each
LVHC system and each pulp washing system shall be controlled.
(c) Equipment systems listed in paragraphs (a) and (b) of this
section shall be enclosed and vented into a closed-vent system and
routed to a control device that meets the requirements specified in
paragraph (d) of this section. The enclosures and closed-vent system
shall meet the requirements specified in Sec. 63.450.
(d) The control device used to reduce total HAP emissions from each
equipment system listed in paragraphs (a) and (b) of this section shall:
(1) Reduce total HAP emissions by 98 percent or more by weight; or
(2) Reduce the total HAP concentration at the outlet of the thermal
oxidizer to 20 parts per million or less by volume, corrected to 10
percent oxygen on a dry basis; or
(3) Reduce total HAP emissions using a thermal oxidizer designed and
operated at a minimum temperature of 871 deg.C (1600 deg.F) and a
minimum residence time of 0.75 seconds; or
(4) Reduce total HAP emissions using one of the following:
(i) A boiler, lime kiln, or recovery furnace by introducing the HAP
emission stream with the primary fuel or into the flame zone; or
(ii) A boiler or recovery furnace with a heat input capacity greater
than or equal to 44 megawatts (150 million British thermal units per
hour) by introducing the HAP emission stream with the combustion air.
(e) Periods of excess emissions reported under Sec. 63.455 shall not
be a violation of Sec. 63.443 (c) and (d) provided that the time of
excess emissions (excluding periods of startup, shutdown, or
malfunction) divided by the total process operating time in a semi-
annual reporting period does not exceed the following levels:
(1) One percent for control devices used to reduce the total HAP
emissions from the LVHC system; and
(2) Four percent for control devices used to reduce the total HAP
emissions from the HVLC system; and
(3) Four percent for control devices used to reduce the total HAP
emissions from both the LVHC and HVLC systems.
[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999;
66 FR 80762, Dec. 22, 2000]
Sec. 63.444 Standards for the pulping system at sulfite processes.
(a) The owner or operator of each sulfite process subject to the
requirements of this subpart shall control the total HAP emissions from
the following equipment systems as specified in paragraphs (b) and (c)
of this section.
(1) At existing sulfite affected sources, the total HAP emissions
from the following equipment systems shall be controlled:
(i) Each digester system vent;
(ii) Each evaporator system vent; and
(iii) Each pulp washing system.
(2) At new affected sources, the total HAP emissions from the
equipment systems listed in paragraph (a)(1) of this section and the
following equipment shall be controlled:
[[Page 477]]
(i) Each weak liquor storage tank;
(ii) Each strong liquor storage tank; and
(iii) Each acid condensate storage tank.
(b) Equipment listed in paragraph (a) of this section shall be
enclosed and vented into a closed-vent system and routed to a control
device that meets the requirements specified in paragraph (c) of this
section. The enclosures and closed-vent system shall meet the
requirements specified in Sec. 63.450. Emissions from equipment listed
in paragraph (a) of this section that is not necessary to be reduced to
meet paragraph (c) of this section is not required to be routed to a
control device.
(c) The total HAP emissions from both the equipment systems listed
in paragraph (a) of this section and the vents, wastewater, and
condensate streams from the control device used to reduce HAP emissions,
shall be controlled as follows.
(1) Each calcium-based or sodium-based sulfite pulping process
shall:
(i) Emit no more than 0.44 kilograms of total HAP or methanol per
megagram (0.89 pounds per ton) of ODP; or
(ii) Remove 92 percent or more by weight of the total HAP or
methanol.
(2) Each magnesium-based or ammonium-based sulfite pulping process
shall:
(i) Emit no more than 1.1 kilograms of total HAP or methanol per
megagram (2.2 pounds per ton) of ODP; or
(ii) Remove 87 percent or more by weight of the total HAP or
methanol.
Sec. 63.445 Standards for the bleaching system.
(a) Each bleaching system that does not use any chlorine or
chlorinated compounds for bleaching is exempt from the requirements of
this section. Owners or operators of the following bleaching systems
shall meet all the provisions of this section:
(1) Bleaching systems that use chlorine;
(2) Bleaching systems bleaching pulp from kraft, sulfite, or soda
pulping processes that use any chlorinated compounds; or
(3) Bleaching systems bleaching pulp from mechanical pulping
processes using wood or from any process using secondary or non-wood
fibers, that use chlorine dioxide.
(b) The equipment at each bleaching stage, of the bleaching systems
listed in paragraph (a) of this section, where chlorinated compounds are
introduced shall be enclosed and vented into a closed-vent system and
routed to a control device that meets the requirements specified in
paragraph (c) of this section. The enclosures and closed-vent system
shall meet the requirements specified in Sec. 63.450. If process
modifications are used to achieve compliance with the emission limits
specified in paragraphs (c)(2) or (c)(3), enclosures and closed-vent
systems are not required, unless appropriate.
(c) The control device used to reduce chlorinated HAP emissions (not
including chloroform) from the equipment specified in paragraph (b) of
this section shall:
(1) Reduce the total chlorinated HAP mass in the vent stream
entering the control device by 99 percent or more by weight;
(2) Achieve a treatment device outlet concentration of 10 parts per
million or less by volume of total chlorinated HAP; or
(3) Achieve a treatment device outlet mass emission rate of 0.001 kg
of total chlorinated HAP mass per megagram (0.002 pounds per ton) of
ODP.
(d) The owner or operator of each bleaching system subject to
paragraph (a)(2) of this section shall comply with paragraph (d)(1) or
(d)(2) of this section to reduce chloroform air emissions to the
atmosphere, except the owner or operator of each bleaching system
complying with extended compliance under Sec. 63.440(d)(3)(ii) shall
comply with paragraph (d)(1) of this section.
(1) Comply with the following applicable effluent limitation
guidelines and standards specified in 40 CFR part 430:
(i) Dissolving-grade kraft bleaching systems and lines, 40 CFR
430.14 through 430.17;
(ii) Paper-grade kraft and soda bleaching systems and lines, 40 CFR
430.24(a)(1) and (e), and 40 CFR 430.26 (a) and (c);
[[Page 478]]
(iii) Dissolving-grade sulfite bleaching systems and lines, 40 CFR
430.44 through 430.47; or
(iv) Paper-grade sulfite bleaching systems and lines, 40 CFR
430.54(a) and (c), and 430.56(a) and (c).
(2) Use no hypochlorite or chlorine for bleaching in the bleaching
system or line.
[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999
Sec. 63.446 Standards for kraft pulping process condensates.
(a) The requirements of this section apply to owners or operators of
kraft processes subject to the requirements of this subpart.
(b) The pulping process condensates from the following equipment
systems shall be treated to meet the requirements specified in
paragraphs (c), (d), and (e) of this section:
(1) Each digester system;
(2) Each turpentine recovery system;
(3) Each evaporator system condensate from:
(i) The vapors from each stage where weak liquor is introduced (feed
stages); and
(ii) Each evaporator vacuum system for each stage where weak liquor
is introduced (feed stages).
(4) Each HVLC collection system; and
(5) Each LVHC collection system.
(c) One of the following combinations of HAP-containing pulping
process condensates generated, produced, or associated with the
equipment systems listed in paragraph (b) of this section shall be
subject to the requirements of paragraphs (d) and (e) of this section:
(1) All pulping process condensates from the equipment systems
specified in paragraphs (b)(1) through (b)(5) of this section.
(2) The combined pulping process condensates from the equipment
systems specified in paragraphs (b)(4) and (b)(5) of this section, plus
pulping process condensate stream(s) that in total contain at least 65
percent of the total HAP mass from the pulping process condensates from
equipment systems listed in paragraphs (b)(1) through (b)(3) of this
section.
(3) The pulping process condensates from equipment systems listed in
paragraphs (b)(1) through (b)(5) of this section that in total contain a
total HAP mass of 3.6 kilograms or more of total HAP per megagram (7.2
pounds per ton) of ODP for mills that do not perform bleaching or 5.5
kilograms or more of total HAP per megagram (11.1 pounds per ton) of ODP
for mills that perform bleaching.
(d) The pulping process condensates from the equipment systems
listed in paragraph (b) of this section shall be conveyed in a closed
collection system that is designed and operated to meet the requirements
specified in paragraphs (d)(1) and (d)(2) of this section.
(1) Each closed collection system shall meet the individual drain
system requirements specified in Secs. 63.960, 63.961, and 63.962 of
subpart RR of this part, except for closed vent systems and control
devices shall be designed and operated in accordance with
Secs. 63.443(d) and 63.450, instead of in accordance with Sec. 63.693 as
specified in Sec. 63.962 (a)(3)(ii), (b)(3)(ii)(A), and (b)(5)(iii); and
(2) If a condensate tank is used in the closed collection system,
the tank shall meet the following requirements:
(i) The fixed roof and all openings (e.g., access hatches, sampling
ports, gauge wells) shall be designed and operated with no detectable
leaks as indicated by an instrument reading of less than 500 parts per
million above background, and vented into a closed-vent system that
meets the requirements in Sec. 63.450 and routed to a control device
that meets the requirements in Sec. 63.443(d); and
(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 tank contains pulping process condensates or any HAP removed from a
pulping process condensate stream except when it is necessary to use the
opening for sampling, removal, or for equipment inspection, maintenance,
or repair.
(e) Each pulping process condensate from the equipment systems
listed in paragraph (b) of this section shall be treated according to
one of the following options:
(1) Recycle the pulping process condensate to an equipment system
specified in Sec. 63.443(a) meeting the requirements specified in
Sec. 63.443(c) and (d); or
[[Page 479]]
(2) Discharge the pulping process condensate below the liquid
surface of a biological treatment system and treat the pulping process
condensates to meet the requirements specified in paragraph (e)(3), (4),
or (5) of this section, and total HAP shall be measured as specified in
Sec. 63.457(g); or
(3) Treat the pulping process condensates to reduce or destroy the
total HAPs by at least 92 percent or more by weight; or
(4) At mills that do not perform bleaching, treat the pulping
process condensates to remove 3.3 kilograms or more of total HAP per
megagram (6.6 pounds per ton) of ODP, or achieve a total HAP
concentration of 210 parts per million or less by weight at the outlet
of the control device; or
(5) At mills that perform bleaching, treat the pulping process
condensates to remove 5.1 kilograms or more of total HAP per megagram
(10.2 pounds per ton) of ODP, or achieve a total HAP concentration of
330 parts per million or less by weight at the outlet of the control
device.
(f) Each HAP removed from a pulping process condensate stream during
treatment and handling under paragraphs (d) or (e) of this section,
except for those treated according to paragraph (e)(2) of this section,
shall be controlled as specified in Sec. 63.443(c) and (d).
(g) For each control device (e.g. steam stripper system or other
equipment serving the same function) used to treat pulping process
condensates to comply with the requirements specified in paragraphs
(e)(3) through (e)(5) of this section, periods of excess emissions
reported under Sec. 63.455 shall not be a violation of paragraphs (d),
(e)(3) through (e)(5), and (f) of this section provided that the time of
excess emissions (including periods of startup, shutdown, or
malfunction) divided by the total process operating time in a semi-
annual reporting period does not exceed 10 percent. The 10 percent
excess emissions allowance does not apply to treatment of pulping
process condensates according to paragraph (e)(2) of this section (e.g.
the biological wastewater treatment system used to treat multiple
(primarily non-condensate) wastewater streams to comply with the Clean
Water Act).
(h) Each owner or operator of a new or existing affected source
subject to the requirements of this section shall evaluate all new or
modified pulping process condensates or changes in the annual bleached
or non-bleached ODP used to comply with paragraph (i) of this section,
to determine if they meet the applicable requirements of this section.
(i) For the purposes of meeting the requirements in paragraph (c)(2)
or (3) or paragraph (e)(4) or (5) of this section at mills producing
both bleached and unbleached pulp products, owners and operators may
meet a prorated mass standard that is calculated by prorating the
applicable mass standards (kilograms of total HAP per megagram of ODP)
for bleached and unbleached mills specified in paragraph (c)(2) or (3)
or paragraph (e)(4) or (5) of this section by the ratio of annual
megagrams of bleached and unbleached ODP.
[63 FR 18617, Apr. 15, 1998; 63 FR 42239, Aug. 7, 1998, as amended at 63
FR 49459, Sept. 16, 1998; 64 FR 17563, Apr. 12, 1999; 65 FR 80762, Dec.
22, 2000]
Sec. 63.447 Clean condensate alternative.
As an alternative to the requirements specified in
Sec. 63.443(a)(1)(ii) through (a)(1)(v) for the control of HAP emissions
from pulping systems using the kraft process, an owner or operator must
demonstrate to the satisfaction of the Administrator, by meeting all the
requirements below, that the total HAP emissions reductions achieved by
this clean condensate alternative technology are equal to or greater
than the total HAP emission reductions that would have been achieved by
compliance with Sec. 63.443(a)(1)(ii) through (a)(1)(v).
(a) For the purposes of this section only the following additional
definitions apply.
(1) Clean condensate alternative affected source means the total of
all HAP emission points in the pulping, bleaching, causticizing, and
papermaking systems (exclusive of HAP emissions attributable to
additives to paper machines and HAP emission points in the LVHC system).
[[Page 480]]
(2) Causticizing system means all equipment associated with
converting sodium carbonate into active sodium hydroxide. The equipment
includes smelt dissolving tanks, lime mud washers and storage tanks,
white and mud liquor clarifiers and storage tanks, slakers, slaker grit
washers, lime kilns, green liquor clarifiers and storage tanks, and dreg
washers ending with the white liquor storage tanks prior to the digester
system, and any other equipment serving the same function as those
previously listed.
(3) Papermaking system means all equipment used to convert pulp into
paper, paperboard, or market pulp, including the stock storage and
preparation systems, the paper or paperboard machines, and the paper
machine white water system, broke recovery systems, and the systems
involved in calendering, drying, on-machine coating, slitting, winding,
and cutting.
(b) Each owner or operator shall install and operate a clean
condensate alternative technology with a continuous monitoring system to
reduce total HAP emissions by treating and reducing HAP concentrations
in the pulping process water used within the clean condensate
alternative affected source.
(c) Each owner or operator shall calculate HAP emissions on a
kilogram per megagram of ODP basis and measure HAP emissions according
to the appropriate procedures contained in Sec. 63.457.
(d) Each owner or operator shall determine the baseline HAP
emissions for each equipment system and the total of all equipment
systems in the clean condensate alternative affected source based on the
following:
(1) Process and air pollution control equipment installed and
operating on December 17, 1993, and
(2) Compliance with the following requirements that affect the level
of HAP emissions from the clean condensate alternative affected source:
(i) The pulping process condensates requirements in Sec. 63.446;
(ii) The applicable effluent limitation guidelines and standards in
40 CFR part 430, subparts A, B, D, and E; and
(iii) All other applicable requirements of local, State, or Federal
agencies or statutes.
(e) Each owner or operator shall determine the following HAP
emission reductions from the baseline HAP emissions determined in
paragraph (d) of this section for each equipment system and the total of
all equipment systems in the clean condensate alternative affected
source:
(1) The HAP emission reduction occurring by complying with the
requirements of Sec. 63.443(a)(1)(ii) through (a)(1)(v); and
(2) The HAP emissions reduction occurring by complying with the
clean condensate alternative technology.
(f) For the purposes of all requirements in this section, each owner
or operator may use as an alternative, individual equipment systems
(instead of total of all equipment systems) within the clean condensate
alternative affected source to determine emissions and reductions to
demonstrate equal or greater than the reductions that would have been
achieved by compliance with Sec. 63.443(a)(1)(ii) through (a)(1)(v).
(g) The initial and updates to the control strategy report specified
in Sec. 63.455(b) shall include to the extent possible the following
information:
(1) A detailed description of:
(i) The equipment systems and emission points that comprise the
clean condensate alternative affected source;
(ii) The air pollution control technologies that would be used to
meet the requirements of Sec. 63.443(a)(1)(ii) through (a)(1)(v); and
(iii) The clean condensate alternative technology to be used.
(2) Estimates and basis for the estimates of total HAP emissions and
emission reductions to fulfill the requirements of paragraphs (d), (e),
and (f) of this section.
(h) Each owner or operator shall report to the Administrator by the
applicable compliance date specified in Sec. 63.440(d) or (e) the
rationale, calculations, test procedures, and data documentation used to
demonstrate compliance with all the requirements of this section.
[63 FR 18617, Apr. 15, 1998; 63 FR 42239, Aug. 7, 1998, as amended at 64
FR 17563, Apr. 12, 1999]
[[Page 481]]
Secs. 63.448-63.449 [Reserved]
Sec. 63.450 Standards for enclosures and closed-vent systems.
(a) Each enclosure and closed-vent system specified in
Secs. 63.443(c), 63.444(b), and 63.445(b) for capturing and transporting
vent streams that contain HAP shall meet the requirements specified in
paragraphs (b) through (d) of this section.
(b) Each enclosure shall maintain negative pressure at each
enclosure or hood opening as demonstrated by the procedures specified in
Sec. 63.457(e). Each enclosure or hood opening closed during the initial
performance test specified in Sec. 63.457(a) shall be maintained in the
same closed and sealed position as during the performance test at all
times except when necessary to use the opening for sampling, inspection,
maintenance, or repairs.
(c) Each component of the closed-vent system used to comply with
Secs. 63.443(c), 63.444(b), and 63.445(b) that is operated at positive
pressure and located prior to a control device shall be designed for and
operated with no detectable leaks as indicated by an instrument reading
of less than 500 parts per million by volume above background, as
measured by the procedures specified in Sec. 63.457(d).
(d) Each bypass line in the closed-vent system that could divert
vent streams containing HAP to the atmosphere without meeting the
emission limitations in Secs. 63.443, 63.444, or 63.445 shall comply
with either of the following requirements:
(1) On each bypass line, the owner or operator shall install,
calibrate, maintain, and operate according to manufacturer's
specifications a flow indicator that provides a record of the presence
of gas stream flow in the bypass line at least once every 15 minutes.
The flow indicator shall be installed in the bypass line in such a way
as to indicate flow in the bypass line; or
(2) For bypass line valves that are not computer controlled, the
owner or operator shall maintain the bypass line valve in the closed
position with a car seal or a seal placed on the valve or closure
mechanism in such a way that valve or closure mechanism cannot be opened
without breaking the seal.
[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999]
Effective Date Note: At 68 FR 37348, June 23, 2003, Sec. 63.450 was
amended by revising paragraph (d)(1) effective August 22, 2003. For the
convenience of the user, the revised text is set forth as follows:
Sec. 63.450 Standards for enclosures and closed-vent systems.
* * * * *
(d) * * *
(1) On each bypass line, the owner or operator shall install,
calibrate, maintain, and operate according to the manufacturer's
specifications a flow indicator that is capable of taking periodic
readings as frequently as specified in Sec. 63.454(e). The flow
indicator shall be installed in the bypass line in such a way as to
indicate flow in the bypass line; or
* * * * *
Secs. 63.451-63.452 [Reserved]
Sec. 63.453 Monitoring requirements.
(a) Each owner or operator subject to the standards specified in
Secs. 63.443(c) and (d), 63.444(b) and (c), 63.445(b) and (c),
63.446(c), (d), and (e), 63.447(b) or Sec. 63.450(d), shall install,
calibrate, certify, operate, and maintain according to the
manufacturer's specifications, a continuous monitoring system (CMS, as
defined in Sec. 63.2 of this part) as specified in paragraphs (b)
through (m) of this section, except as allowed in paragraph (m) of this
section. The CMS shall include a continuous recorder.
(b) A CMS shall be operated to measure the temperature in the
firebox or in the ductwork immediately downstream of the firebox and
before any substantial heat exchange occurs for each thermal oxidizer
used to comply with the requirements of Sec. 63.443(d)(1) through
(d)(3). Owners and operators complying with the HAP concentration
requirements in Sec. 63.443(d)(2) may install a CMS to monitor the
thermal oxidizer outlet total HAP or methanol concentration, as an
alternative to monitoring thermal oxidizer operating temperature.
(c) A CMS shall be operated to measure the following parameters for
each
[[Page 482]]
gas scrubber used to comply with the bleaching system requirements of
Sec. 63.445(c) or the sulfite pulping system requirements of
Sec. 63.444(c).
(1) The pH or the oxidation/reduction potential of the gas scrubber
effluent;
(2) The gas scrubber vent gas inlet flow rate; and
(3) The gas scrubber liquid influent flow rate.
(d) As an option to the requirements specified in paragraph (c) of
this section, a CMS shall be operated to measure the chlorine outlet
concentration of each gas scrubber used to comply with the bleaching
system outlet concentration requirement specified in Sec. 63.445(c)(2).
(e) The owner or operator of a bleaching system complying with 40
CFR 430.24, shall monitor the chlorine and hypochlorite application
rates, in kg of bleaching agent per megagram of ODP, of the bleaching
system during the extended compliance period specified in
Sec. 63.440(d)(3).
(f) A CMS shall be operated to measure the gas scrubber parameters
specified in paragraphs (c)(1) through (c)(3) of this section or those
site specific parameters determined according to the procedures
specified in paragraph (n) of this section to comply with the sulfite
pulping system requirements specified in Sec. 63.444(c).
(g) A CMS shall be operated to measure the following parameters for
each steam stripper used to comply with the treatment requirements in
Sec. 63.446(e) (3), (4), or (5):
(1) The process wastewater feed rate;
(2) The steam feed rate; and
(3) The process wastewater column feed temperature.
(h) As an option to the requirements specified in paragraph (g) of
this section, a CMS shall be operated to measure the methanol outlet
concentration to comply with the steam stripper outlet concentration
requirement specified in Sec. 63.446 (e)(4) or (e)(5).
(i) A CMS shall be operated to measure the appropriate parameters
determined according to the procedures specified in paragraph (n) of
this section to comply with the condensate applicability requirements
specified in Sec. 63.446(c).
(j) Each owner or operator using an open biological treatment system
to comply with Sec. 63.446(e)(2) shall perform the daily monitoring
procedures specified in either paragraph (j)(1) or (2) of this section
and shall conduct a performance test each quarter using the procedures
specified in paragraph (j)(3) of this section.
(1) Comply with the monitoring and sampling requirements specified
in paragraphs (j)(1)(i) and (ii) of this section.
(i) On a daily basis, monitor the following parameters for each open
biological treatment unit:
(A) Composite daily sample of outlet soluble BOD5
concentration to monitor for maximum daily and maximum monthly average;
(B) Mixed liquor volatile suspended solids;
(C) Horsepower of aerator unit(s);
(D) Inlet liquid flow; and
(E) Liquid temperature.
(ii) If the Inlet and Outlet Concentration Measurement Procedure
(Procedure 3) in appendix C of this part is used to determine the
fraction of HAP compounds degraded in the biological treatment system as
specified in Sec. 63.457(l), conduct the sampling and archival
requirements specified in paragraphs (j)(1)(ii)(A) and (B) of this
section.
(A) Obtain daily inlet and outlet liquid grab samples from each
biological treatment unit to have HAP data available to perform
quarterly performance tests specified in paragraph (j)(3) of this
section and the compliance tests specified in paragraph (p) of this
section.
(B) Store the samples as specified in Sec. 63.457(n) until after the
results of the soluble BOD5 test required in paragraph
(j)(1)(i)(A) of this section are obtained. The storage requirement is
needed since the soluble BOD5 test requires 5 days or more to
obtain results. If the results of the soluble BOD5 test are
outside of the range established during the initial performance test,
then the archive sample shall be used to perform the mass removal or
percent reduction determinations.
(2) As an alternative to the monitoring requirements of paragraph
(j)(1)
[[Page 483]]
of this section, conduct daily monitoring of the site-specific
parameters established according to the procedures specified in
paragraph (n) of this section.
(3) Conduct a performance test as specified in Sec. 63.457(l) within
45 days after the beginning of each quarter and meet the applicable
emission limit in Sec. 63.446(e)(2).
(i) The performance test conducted in the first quarter (annually)
shall be performed for total HAP as specified in Sec. 63.457(g) and meet
the percent reduction or mass removal emission limit specified in
Sec. 63.446(e)(2).
(ii) The remaining quarterly performance tests shall be performed as
specified in paragraph (j)(3)(i) of this section except owners or
operators may use the applicable methanol procedure in Sec. 63.457(l)(1)
or (2) and the value of r determined during the first quarter test
instead of measuring the additional HAP to determine a new value of r.
(k) Each enclosure and closed-vent system used to comply with
Sec. 63.450(a) shall comply with the requirements specified in
paragraphs (k)(1) through (k)(6) of this section.
(1) For each enclosure opening, a visual inspection of the closure
mechanism specified in Sec. 63.450(b) shall be performed at least once
every 30 days to ensure the opening is maintained in the closed position
and sealed.
(2) Each closed-vent system required by Sec. 63.450(a) shall be
visually inspected every 30 days and at other times as requested by the
Administrator. The visual inspection shall include inspection of
ductwork, piping, enclosures, and connections to covers for visible
evidence of defects.
(3) For positive pressure closed-vent systems or portions of closed-
vent systems, demonstrate no detectable leaks as specified in
Sec. 63.450(c) measured initially and annually by the procedures in
Sec. 63.457(d).
(4) Demonstrate initially and annually that each enclosure opening
is maintained at negative pressure as specified in Sec. 63.457(e).
(5) The valve or closure mechanism specified in Sec. 63.450(d)(2)
shall be inspected at least once every 30 days to ensure that the valve
is maintained in the closed position and the emission point gas stream
is not diverted through the bypass line.
(6) If an inspection required by paragraphs (k)(1) through (k)(5) of
this section identifies visible defects in ductwork, piping, enclosures
or connections to covers required by Sec. 63.450, or if an instrument
reading of 500 parts per million by volume or greater above background
is measured, or if enclosure openings are not maintained at negative
pressure, then the following corrective actions shall be taken as soon
as practicable.
(i) A first effort to repair or correct the closed-vent system shall
be made as soon as practicable but no later than 5 calendar days after
the problem is identified.
(ii) The repair or corrective action shall be completed no later
than 15 calendar days after the problem is identified. Delay of repair
or corrective action is allowed if the repair or corrective action is
technically infeasible without a process unit shutdown or if the owner
or operator determines that the emissions resulting from immediate
repair would be greater than the emissions likely to result from delay
of repair. Repair of such equipment shall be completed by the end of the
next process unit shutdown.
(l) Each pulping process condensate closed collection system used to
comply with Sec. 63.446(d) shall comply with the requirements specified
in paragraphs (l)(1) through (l)(3) of this section.
(1) Each pulping process condensate closed collection system shall
be visually inspected every 30 days and shall comply with the inspection
and monitoring requirements specified in Sec. 63.964 of subpart RR of
this part, except:
(i) Owners or operators shall comply with the recordkeeping
requirements of Sec. 63.454 instead of the requirements specified in
Sec. 63.964(a)(1)(vi) and (b)(3) of subpart RR of this part.
(ii) Owners or operators shall comply with the inspection and
monitoring requirements for closed-vent systems and control devices
specified in paragraphs (a) and (k) of this section instead of the
requirements specified in Sec. 63.964(a)(2) of subpart RR of this part.
[[Page 484]]
(2) Each condensate tank used in the closed collection system shall
be operated with no detectable leaks as specified in
Sec. 63.446(d)(2)(i) measured initially and annually by the procedures
specified in Sec. 63.457(d).
(3) If an inspection required by this section identifies visible
defects in the closed collection system, or if an instrument reading of
500 parts per million or greater above background is measured, then
corrective actions specified in Sec. 63.964(b) of subpart RR of this
part shall be taken.
(m) Each owner or operator using a control device, technique or an
alternative parameter other than those specified in paragraphs (b)
through (l) of this section shall install a CMS and establish
appropriate operating parameters to be monitored that demonstrate, to
the Administrator's satisfaction, continuous compliance with the
applicable control requirements.
(n) To establish or reestablish the value for each operating
parameter required to be monitored under paragraphs (b) through (j),
(l), and (m) of this section or to establish appropriate parameters for
paragraphs (f), (i), (j)(2), and (m) of this section, each owner or
operator shall use the following procedures:
(1) During the initial performance test required in Sec. 63.457(a)
or any subsequent performance test, continuously record the operating
parameter;
(2) Determinations shall be based on the control performance and
parameter data monitored during the performance test, supplemented if
necessary by engineering assessments and the manufacturer's
recommendations;
(3) The owner or operator shall provide for the Administrator's
approval the rationale for selecting the monitoring parameters necessary
to comply with paragraphs (f), (i), and (m) of this section; and
(4) Provide for the Administrator's approval the rationale for the
selected operating parameter value, and monitoring frequency, and
averaging time. Include all data and calculations used to develop the
value and a description of why the value, monitoring frequency, and
averaging time demonstrate continuous compliance with the applicable
emission standard.
(o) Each owner or operator of a control device subject to the
monitoring provisions of this section shall operate the control device
in a manner consistent with the minimum or maximum (as appropriate)
operating parameter value or procedure required to be monitored under
paragraphs (a) through (n) of this section and established under this
subpart. Except as provided in paragraph (p) of this section,
Sec. 63.443(e), or Sec. 63.446(g), operation of the control device below
minimum operating parameter values or above maximum operating parameter
values established under this subpart or failure to perform procedures
required by this subpart shall constitute a violation of the applicable
emission standard of this subpart and be reported as a period of excess
emissions.
(p) The procedures of this paragraph apply to each owner or operator
of an open biological treatment system complying with paragraph (j) of
this section whenever a monitoring parameter excursion occurs, and the
owner or operator chooses to conduct a performance test to demonstrate
compliance with the applicable emission limit. A monitoring parameter
excursion occurs whenever the monitoring parameters specified in
paragraphs (j)(1)(i)(A) through (C) of this section or any of the
monitoring parameters specified in paragraph (j)(2) of this section are
below minimum operating parameter values or above maximum operating
parameter values established in paragraph (n) of this section.
(1) As soon as practical after the beginning of the monitoring
parameter excursion, the following requirements shall be met:
(i) Before the steps in paragraph (p)(1)(ii) or (iii) of this
section are performed, all sampling and measurements necessary to meet
the requirements in paragraph (p)(2) of this section shall be conducted.
(ii) Steps shall be taken to repair or adjust the operation of the
process to end the parameter excursion period.
(iii) Steps shall be taken to minimize total HAP emissions to the
atmosphere during the parameter excursion period.
(2) A parameter excursion is not a violation of the applicable
emission
[[Page 485]]
standard if the results of the performance test conducted using the
procedures in this paragraph demonstrate compliance with the applicable
emission limit in Sec. 63.446(e)(2).
(i) Conduct a performance test as specified in Sec. 63.457 using the
monitoring data specified in paragraph (j)(1) or (2) of this section
that coincides with the time of the parameter excursion. No maintenance
or changes shall be made to the open biological treatment system after
the beginning of a parameter excursion that would influence the results
of the performance test.
(ii) If the results of the performance test specified in paragraph
(p)(2)(i) of this section demonstrate compliance with the applicable
emission limit in Sec. 63.446(e)(2), then the parameter excursion is not
a violation of the applicable emission limit.
(iii) If the results of the performance test specified in paragraph
(p)(2)(i) of this section do not demonstrate compliance with the
applicable emission limit in Sec. 63.446(e)(2) because the total HAP
mass entering the open biological treatment system is below the level
needed to demonstrate compliance with the applicable emission limit in
Sec. 63.446(e)(2), then the owner or operator shall perform the
following comparisons:
(A) If the value of fbio (MeOH) determined during the
performance test specified in paragraph (p)(2)(i) of this section is
within the range of values established during the initial and subsequent
performance tests approved by the Administrator, then the parameter
excursion is not a violation of the applicable standard.
(B) If the value of fbio (MeOH) determined during the
performance test specified in paragraph (p)(2)(i) of this section is not
within the range of values established during the initial and subsequent
performance tests approved by the Administrator, then the parameter
excursion is a violation of the applicable standard.
(iv) The results of the performance test specified in paragraph
(p)(2)(i) of this section shall be recorded as specified in
Sec. 63.454(f).
(3) If an owner or operator determines that performing the required
procedures under paragraph (p)(2) of this section for a nonthoroughly
mixed open biological system would expose a worker to dangerous,
hazardous, or otherwise unsafe conditions, all of the following
procedures shall be performed:
(i) Calculate the mass removal or percent reduction value using the
procedures specified in Sec. 63.457(l) except the value for
fbio (MeOH) shall be determined using the procedures in
appendix E to this part.
(ii) Repeat the procedures in paragraph (p)(3)(i) of this section
for every day until the unsafe conditions have passed.
(iii) A parameter excursion is a violation of the standard if the
percent reduction or mass removal determined in paragraph (p)(3)(i) of
this section is less than the percent reduction or mass removal
standards specified in Sec. 63.446(e)(2), as appropriate, unless the
value of fbio (MeOH) determined using the procedures in
appendix E of this section, as specified in paragraph (p)(3)(i), is
within the range of fbio (MeOH) values established during the
initial and subsequent performance tests previously approved by the
Administrator.
(iv) The determination that there is a condition that exposes a
worker to dangerous, hazardous, or otherwise unsafe conditions shall be
documented according to requirements in Sec. 63.454(e) and reporting in
Sec. 63.455(f).
(v) The requirements of paragraphs (p)(1) and (2) of this section
shall be performed and met as soon as practical but no later than 24
hours after the conditions have passed that exposed a worker to
dangerous, hazardous, or otherwise unsafe conditions.
[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999;
65 FR 80762, Dec. 22, 2000]
Sec. 63.454 Recordkeeping requirements.
(a) The owner or operator of each affected source subject to the
requirements of this subpart shall comply with the recordkeeping
requirements of Sec. 63.10, as shown in table 1 of this subpart, and the
requirements specified in paragraphs (b) through (f) of this section for
the monitoring parameters specified in Sec. 63.453.
[[Page 486]]
(b) For each applicable enclosure opening, closed-vent system, and
closed collection system, the owner or operator shall prepare and
maintain a site-specific inspection plan including a drawing or
schematic of the components of applicable affected equipment and shall
record the following information for each inspection:
(1) Date of inspection;
(2) The equipment type and identification;
(3) Results of negative pressure tests for enclosures;
(4) Results of leak detection tests;
(5) The nature of the defect or leak and the method of detection
(i.e., visual inspection or instrument detection);
(6) The date the defect or leak was detected and the date of each
attempt to repair the defect or leak;
(7) Repair methods applied in each attempt to repair the defect or
leak;
(8) The reason for the delay if the defect or leak is not repaired
within 15 days after discovery;
(9) The expected date of successful repair of the defect or leak if
the repair is not completed within 15 days;
(10) The date of successful repair of the defect or leak;
(11) The position and duration of opening of bypass line valves and
the condition of any valve seals; and
(12) The duration of the use of bypass valves on computer controlled
valves.
(c) The owner or operator of a bleaching system complying with
Sec. 63.440(d)(3)(ii)(B) shall record the daily average chlorine and
hypochlorite application rates, in kg of bleaching agent per megagram of
ODP, of the bleaching system until the requirements specified in
Sec. 63.440(d)(3)(ii)(A) are met.
(d) The owner or operator shall record the CMS parameters specified
in Sec. 63.453 and meet the requirements specified in paragraph (a) of
this section for any new affected process equipment or pulping process
condensate stream that becomes subject to the standards in this subpart
due to a process change or modification.
(e) The owner or operator of an open nonthoroughly mixed biological
treatment system complying with Sec. 63.453(p)(3) instead of
Sec. 63.453(p)(2) shall prepare a written record identifying the
specific conditions that would expose a worker to dangerous, hazardous,
or otherwise unsafe conditions. The record must include a written
explanation of the specific reason(s) why a worker would not be able to
perform the sampling and test procedures specified in Sec. 63.457(l).
(f) The owner or operator of an open biological treatment system
complying with Sec. 63.453(p) shall prepare a written record specifying
the results of the performance test specified in Sec. 63.453(p)(2).
[63 FR 18617, Apr. 15, 1998, as amended at 65 FR 80763, Dec. 22, 2000]
Effective Date Note: At 68 FR 37348, June 23, 2003, Sec. 63.454 was
amended by revising parapraph (e) effective August 22, 2003. For the
convenience of the user, the added text is set forth as follows:
Sec. 63.454 Recordkeeping requirements.
* * * * *
(e) The owner or operator shall set the flow indicator on each
bypass line specified in Sec. 63.450(d)(1) to provide a record of the
presence of gas stream flow in the bypass line at least once every 15
minutes.
* * * * *
Sec. 63.455 Reporting requirements.
(a) Each owner or operator of a source subject to this subpart shall
comply with the reporting requirements of subpart A of this part as
specified in table 1 and all the following requirements in this section.
The initial notification report specified under Sec. 63.9(b)(2) of
subpart A of this part shall be submitted by April 15, 1999.
(b) Each owner or operator of a kraft pulping system specified in
Sec. 63.440(d)(1) or a bleaching system specified in
Sec. 63.440(d)(3)(ii) shall submit, with the initial notification report
specified under Sec. 63.9(b)(2) of subpart A of this part and paragraph
(a) of this section and update every two years thereafter, a non-binding
control strategy report containing, at a minimum, the information
specified in paragraphs (b)(1) through (b)(3) of this section in
addition to the information required in Sec. 63.9(b)(2) of subpart A of
this part.
(1) A description of the emission controls or process modifications
selected
[[Page 487]]
for compliance with the control requirements in this standard.
(2) A compliance schedule, including the dates by which each step
toward compliance will be reached for each emission point or sets of
emission points. At a minimum, the list of dates shall include:
(i) The date by which the major study(s) for determining the
compliance strategy will be completed;
(ii) The date by which contracts for emission controls or process
modifications will be awarded, or the date by which orders will be
issued for the purchase of major components to accomplish emission
controls or process changes;
(iii) The date by which on-site construction, installation of
emission control equipment, or a process change is to be initiated;
(iv) The date by which on-site construction, installation of
emissions control equipment, or a process change is to be completed;
(v) The date by which final compliance is to be achieved;
(vi) For compliance with paragraph Sec. 63.440(d)(3)(ii), the
tentative dates by which compliance with effluent limitation guidelines
and standards intermediate pollutant load effluent reductions and as
available, all the dates for the best available technology's milestones
reported in the National Pollutant Discharge Elimination System
authorized under section 402 of the Clean Water Act and for the best
professional milestones in the Voluntary Advanced Technology Incentives
Program under 40 CFR 430.24 (b)(2); and
(vii) The date by which the final compliance tests will be
performed.
(3) Until compliance is achieved, revisions or updates shall be made
to the control strategy report required by paragraph (b) of this section
indicating the progress made towards completing the installation of the
emission controls or process modifications during the 2-year period.
(c) The owner or operator of each bleaching system complying with
Sec. 63.440(d)(3)(ii)(B) shall certify in the report specified under
Sec. 63.10(e)(3) of subpart A of this part that the daily application
rates of chlorine and hypochlorite for that bleaching system have not
increased as specified in Sec. 63.440(d)(3)(ii)(B) until the
requirements of Sec. 63.440(d)(3)(ii)(A) are met.
(d) The owner or operator shall meet the requirements specified in
paragraph (a) of this section upon startup of any new affected process
equipment or pulping process condensate stream that becomes subject to
the standards of this subpart due to a process change or modification.
(e) If the owner or operator uses the results of the performance
test required in Sec. 63.453(p)(2) to revise the approved values or
ranges of the monitoring parameters specified in Sec. 63.453(j)(1) or
(2), the owner or operator shall submit an initial notification of the
subsequent performance test to the Administrator as soon as practicable,
but no later than 15 days, before the performance test required in
Sec. 63.453(p)(2) is scheduled to be conducted. The owner or operator
shall notify the Administrator as soon as practicable, but no later than
24 hours, before the performance test is scheduled to be conducted to
confirm the exact date and time of the performance test.
(f) To comply with the open biological treatment system monitoring
provisions of Sec. 63.453(p)(3), the owner or operator shall notify the
Administrator as soon as practicable of the onset of the dangerous,
hazardous, or otherwise unsafe conditions that did not allow a
compliance determination to be conducted using the sampling and test
procedures in Sec. 63.457(l). The notification shall occur no later than
24 hours after the onset of the dangerous, hazardous, or otherwise
unsafe conditions and shall include the specific reason(s) that the
sampling and test procedures in Sec. 63.457(l) could not be performed.
[63 FR 18617, Apr. 15, 1998, as amended at 65 FR 80763, Dec. 22, 2000]
Sec. 63.456 [Reserved]
Sec. 63.457 Test methods and procedures.
(a) Initial performance test. An initial performance test is
required for all emission sources subject to the limitations in
Secs. 63.443, 63.444, 63.445, 63.446, and 63.447, except those
controlled by a combustion device that is designed and operated as
specified in Sec. 63.443(d)(3) or (d)(4).
[[Page 488]]
(b) Vent sampling port locations and gas stream properties. For
purposes of selecting vent sampling port locations and determining vent
gas stream properties, required in Secs. 63.443, 63.444, 63.445, and
63.447, each owner or operator shall comply with the applicable
procedures in paragraphs (b)(1) through (b)(6) of this section.
(1) Method 1 or 1A of part 60, appendix A, as appropriate, shall be
used for selection of the sampling site as follows:
(i) To sample for vent gas concentrations and volumetric flow rates,
the sampling site shall be located prior to dilution of the vent gas
stream and prior to release to the atmosphere;
(ii) For determining compliance with percent reduction requirements,
sampling sites shall be located prior to the inlet of the control device
and at the outlet of the control device; measurements shall be performed
simultaneously at the two sampling sites; and
(iii) For determining compliance with concentration limits or mass
emission rate limits, the sampling site shall be located at the outlet
of the control device.
(2) No traverse site selection method is needed for vents smaller
than 0.10 meter (4.0 inches) in diameter.
(3) The vent gas volumetric flow rate shall be determined using
Method 2, 2A, 2C, or 2D of part 60, appendix A, as appropriate.
(4) The moisture content of the vent gas shall be measured using
Method 4 of part 60, appendix A.
(5) To determine vent gas concentrations, the owner or operator
shall conduct a minimum of three test runs that are representative of
normal conditions and average the resulting pollutant concentrations
using the following procedures.
(i) Method 308 in Appendix A of this part shall be used to determine
the methanol concentration.
(ii) Except for the modifications specified in paragraphs
(b)(5)(ii)(A) through (b)(5)(ii)(K) of this section, Method 26A of part
60, appendix A shall be used to determine chlorine concentration in the
vent stream.
(A) Probe/Sampling Line. A separate probe is not required. The
sampling line shall be an appropriate length of 0.64 cm (0.25 in) OD
Teflon[reg] tubing. The sample inlet end of the sampling line
shall be inserted into the stack in such a way as to not entrain liquid
condensation from the vent gases. The other end shall be connected to
the impingers. The length of the tubing may vary from one sampling site
to another, but shall be as short as possible in each situation. If
sampling is conducted in sunlight, opaque tubing shall be used.
Alternatively, if transparent tubing is used, it shall be covered with
opaque tape.
(B) Impinger Train. Three 30 milliliter (ml) capacity midget
impingers shall be connected in series to the sampling line. The
impingers shall have regular tapered stems. Silica gel shall be placed
in the third impinger as a desiccant. All impinger train connectors
shall be glass and/or Teflon[reg].
(C) Critical orifice. The critical orifice shall have a flow rate of
200 to 250 ml/min and shall be followed by a vacuum pump capable of
providing a vacuum of 640 millimeters of mercury (mm Hg). A 45
millimeter diameter in-line Teflon 0.8 micrometer filter shall follow
the impingers to protect the critical orifice and vacuum pump.
(D) The following are necessary for the analysis apparatus:
(1) Wash bottle filled with deionized water;
(2) 25 or 50 ml graduated burette and stand;
(3) Magnetic stirring apparatus and stir bar;
(4) Calibrated pH Meter;
(5) 150-250 ml beaker or flask; and
(6) A 5 ml pipette.
(E) The procedures listed in paragraphs (b)(5)(ii)(E)(1) through
(b)(5)(ii)(E)(7) of this section shall be used to prepare the reagents.
(1) To prepare the 1 molarity (M) potassium dihydrogen phosphate
solution, dissolve 13.61 grams (g) of potassium dihydrogen phosphate in
water and dilute to 100 ml.
(2) To prepare the 1 M sodium hydroxide solution (NaOH), dissolve
4.0 g of sodium hydroxide in water and dilute to 100 ml.
(3) To prepare the buffered 2 percent potassium iodide solution,
dissolve 20 g of potassium iodide in 900 ml water.
[[Page 489]]
Add 50 ml of the 1 M potassium dihydrogen phosphate solution and 30 ml
of the 1 M sodium hydroxide solution. While stirring solution, measure
the pH of solution electrometrically and add the 1 M sodium hydroxide
solution to bring pH to between 6.95 and 7.05.
(4) To prepare the 0.1 normality (N) sodium thiosulfate solution,
dissolve 25 g of sodium thiosulfate, pentahydrate, in 800 ml of freshly
boiled and cooled distilled water in a 1-liter volumetric flask. Dilute
to volume. To prepare the 0.01 N sodium thiosulfate solution, add 10.0
ml standardized 0.1 N sodium thiosulfate solution to a 100 ml volumetric
flask, and dilute to volume with water.
(5) To standardize the 0.1 N sodium thiosulfate solution, dissolve
3.249 g of anhydrous potassium bi-iodate, primary standard quality, or
3.567 g potassium iodate dried at 103 =/-2 degrees Centigrade for 1
hour, in distilled water and dilute to 1000 ml to yield a 0.1000 N
solution. Store in a glass-stoppered bottle. To 80 ml distilled water,
add, with constant stirring, 1 ml concentrated sulfuric acid, 10.00 ml
0.1000 N anhydrous potassium bi-iodate, and 1 g potassium iodide.
Titrate immediately with 0.1 n sodium thiosulfate titrant until the
yellow color of the liberated iodine is almost discharged. Add 1 ml
starch indicator solution and continue titrating until the blue color
disappears. The normality of the sodium thiosulfate solution is
inversely proportional to the ml of sodium thiosulfate solution
consumed:
[GRAPHIC] [TIFF OMITTED] TR15AP98.000
(6) To prepare the starch indicator solution, add a small amount of
cold water to 5 g starch and grind in a mortar to obtain a thin paste.
Pour paste into 1 L of boiling distilled water, stir, and let settle
overnight. Use clear supernate for starch indicator solution.
(7) To prepare the 10 percent sulfuric acid solution, add 10 ml of
concentrated sulfuric acid to 80 ml water in a 100 ml volumetric flask.
Dilute to volume.
(F) The procedures specified in paragraphs (b)(5)(ii)(F)(1) through
(b)(5)(ii)(F)(5) of this section shall be used to perform the sampling.
(1) Preparation of Collection Train. Measure 20 ml buffered
potassium iodide solution into each of the first two impingers and
connect probe, impingers, filter, critical orifice, and pump. The
sampling line and the impingers shall be shielded from sunlight.
(2) Leak and Flow Check Procedure. Plug sampling line inlet tip and
turn on pump. If a flow of bubbles is visible in either of the liquid
impingers, tighten fittings and adjust connections and impingers. A
leakage rate not in excess of 2 percent of the sampling rate is
acceptable. Carefully remove the plug from the end of the probe. Check
the flow rate at the probe inlet with a bubble tube flow meter. The flow
should be comparable or slightly less than the flow rate of the critical
orifice with the impingers off-line. Record the flow and turn off the
pump.
(3) Sample Collection. Insert the sampling line into the stack and
secure it with the tip slightly lower than the port height. Start the
pump, recording the time. End the sampling after 60 minutes, or after
yellow color is observed in the second in-line impinger. Record time and
remove the tubing from the vent. Recheck flow rate at sampling line
inlet and turn off pump. If the flow rate has changed significantly,
redo sampling with fresh capture solution. A slight variation (less than
5 percent) in flow may be averaged. With the inlet end of the line
elevated above the impingers, add about 5 ml water into the inlet tip to
rinse the line into the first impinger.
(4) Sample Analysis. Fill the burette with 0.01 N sodium thiosulfate
solution to the zero mark. Combine the contents of the impingers in the
beaker or flask. Stir the solution and titrate with thiosulfate until
the solution is colorless. Record the volume of the
[[Page 490]]
first endpoint (TN, ml). Add 5 ml of the 10 percent sulfuric acid
solution, and continue the titration until the contents of the flask are
again colorless. Record the total volume of titrant required to go
through the first and to the second endpoint (TA, ml). If the volume of
neutral titer is less than 0.5 ml, repeat the testing for a longer
period of time. It is important that sufficient lighting be present to
clearly see the endpoints, which are determined when the solution turns
from pale yellow to colorless. A lighted stirring plate and a white
background are useful for this purpose.
(5) Interferences. Known interfering agents of this method are
sulfur dioxide and hydrogen peroxide. Sulfur dioxide, which is used to
reduce oxidant residuals in some bleaching systems, reduces formed
iodine to iodide in the capture solution. It is therefore a negative
interference for chlorine, and in some cases could result in erroneous
negative chlorine concentrations. Any agent capable of reducing iodine
to iodide could interfere in this manner. A chromium trioxide
impregnated filter will capture sulfur dioxide and pass chlorine and
chlorine dioxide. Hydrogen peroxide, which is commonly used as a
bleaching agent in modern bleaching systems, reacts with iodide to form
iodine and thus can cause a positive interference in the chlorine
measurement. Due to the chemistry involved, the precision of the
chlorine analysis will decrease as the ratio of chlorine dioxide to
chlorine increases. Slightly negative calculated concentrations of
chlorine may occur when sampling a vent gas with high concentrations of
chlorine dioxide and very low concentrations of chlorine.
(G) The following calculation shall be performed to determine the
corrected sampling flow rate:
[GRAPHIC] [TIFF OMITTED] TR15AP98.001
Where:
SC=Corrected (dry standard) sampling flow rate, liters per
minute;
SU=Uncorrected sampling flow rate, L/min;
BP=Barometric pressure at time of sampling;
PW=Saturated partial pressure of water vapor, mm Hg at temperature; and
t=Ambient temperature, deg.C.
(H) The following calculation shall be performed to determine the
moles of chlorine in the sample:
[GRAPHIC] [TIFF OMITTED] TR15AP98.002
Where:
TN=Volume neutral titer, ml;
TA=Volume acid titer (total), ml; and
NThio=Normality of sodium thiosulfate titrant.
(I) The following calculation shall be performed to determine the
concentration of chlorine in the sample:
[GRAPHIC] [TIFF OMITTED] TR15AP98.003
Where:
SC=Corrected (dry standard) sampling flow rate, liters per
minute;
tS=Time sampled, minutes;
TN=Volume neutral titer, ml;
TA=Volume acid titer (total), ml; and
NThio=Normality of sodium thiosulfate titrant.
(J) The following calculation shall be performed to determine the
moles of chlorine dioxide in the sample:
[GRAPHIC] [TIFF OMITTED] TR15AP98.004
Where:
TA=Volume acid titer (total), ml;
TN=Volume neutral titer, ml; and
NThio=Normality of sodium thiosulfate titrant.
(K) The following calculation shall be performed to determine the
concentration of chlorine dioxide in the sample:
[GRAPHIC] [TIFF OMITTED] TR15AP98.005
Where:
SC=Corrected (dry standard) sampling flow rate, liters per
minute;
tS=Time sampled, minutes;
TA=Volume acid titer (total), ml;
TN=Volume neutral titer, ml; and
NThio=Normality of sodium thiosulfate titrant.
(iii) Any other method that measures the total HAP or methanol
concentration that has been demonstrated to the Administrator's
satisfaction.
(6) The minimum sampling time for each of the three test runs shall
be 1
[[Page 491]]
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 test run.
(c) Liquid sampling locations and properties. For purposes of
selecting liquid sampling locations and for determining properties of
liquid streams such as wastewaters, process waters, and condensates
required in Secs. 63.444, 63.446, and 63.447, the owner or operator
shall comply with the following procedures:
(1) Samples shall be collected using the sampling procedures of the
test method listed in paragraph (c)(3) of this section selected to
determine liquid stream HAP concentrations;
(i) Where feasible, samples shall be taken from an enclosed pipe
prior to the liquid stream being exposed to the atmosphere; and
(ii) When sampling from an enclosed pipe is not feasible, samples
shall be collected in a manner to minimize exposure of the sample to the
atmosphere and loss of HAP compounds prior to sampling.
(2) The volumetric flow rate of the entering and exiting liquid
streams shall be determined using the inlet and outlet flow meters or
other methods demonstrated to the Administrator's satisfaction. The
volumetric flow rate measurements to determine actual mass removal shall
be taken at the same time as the concentration measurements.
(3) The owner or operator shall conduct a minimum of three test runs
that are representative of normal conditions and average the resulting
pollutant concentrations. The minimum sampling time for each test run
shall be 1 hour and the grab or composite samples shall be taken at
approximately equally spaced intervals over the 1-hour test run period.
The owner or operator shall use one of the following procedures to
determine total HAP or methanol concentration:
(i) Method 305 in Appendix A of this part, adjusted using the
following equation:
[GRAPHIC] [TIFF OMITTED] TR15AP98.006
Where:
C=Pollutant concentration for the liquid stream, parts per million by
weight.
Ci=Measured concentration of pollutant i in the liquid stream
sample determined using Method 305, parts per million by weight.
fmi=Pollutant-specific constant that adjusts concentration
measured by Method 305 to actual liquid concentration; the fm for
methanol is 0.85. Additional pollutant fm values can be found in table
34, subpart G of this part.
n=Number of individual pollutants, i, summed to calculate total HAP.
(ii) For determining methanol concentrations, NCASI Method DI/MEOH-
94.02, Methanol in Process Liquids by GC/FID, August 1998, Methods
Manual, NCASI, Research Triangle Park, NC. This test method is
incorporated by reference in Sec. 63.14(f) of subpart A of this part.
(iii) Any other method that measures total HAP concentration that
has been demonstrated to the Administrator's satisfaction.
(4) To determine soluble BOD5 in the effluent stream from
an open biological treatment unit used to comply with Secs. 63.446(e)(2)
and 63.453(j), the owner or operator shall use Method 405.1 of part 136
of this chapter with the following modifications:
(i) Filter the sample through the filter paper, into an Erlenmeyer
flask by applying a vacuum to the flask sidearm. Minimize the time for
which vacuum is applied to prevent stripping of volatile organics from
the sample. Replace filter paper as often as needed in order to maintain
filter times of less than approximately 30 seconds per filter paper. No
rinsing of sample container or filter bowl into the Erlenmeyer flask is
allowed.
(ii) Perform Method 405.1 on the filtrate obtained in paragraph
(c)(4) of this section. Dilution water shall be seeded with 1 milliliter
of final effluent per liter of dilution water. Dilution ratios may
require adjustment to reflect the lower oxygen demand of the filtered
sample in comparison to the total BOD5. Three BOD bottles and
different dilutions shall be used for each sample.
(5) If the test method used to determine HAP concentration indicates
that a specific HAP is not detectable, the value determined as the
minimum
[[Page 492]]
measurement level (MML) of the selected test method for the specific HAP
shall be used in the compliance demonstration calculations. To determine
the MML for a specific HAP using one of the test methods specified in
paragraph (c)(3) of this section, one of the procedures specified in
paragraphs (c)(5)(i) and (ii) of this section shall be performed. The
MML for a particular HAP must be determined only if the HAP is not
detected in the normal working range of the method.
(i) To determine the MML for a specific HAP, the following
procedures shall be performed each time the method is set up. Set up is
defined as the first time the analytical apparatus is placed in
operation, after any shut down of 6 months or more, or any time a major
component of the analytical apparatus is replaced.
(A) Select a concentration value for the specific HAP in question to
represent the MML. The value of the MML selected shall not be below the
calibration standard of the selected test method.
(B) Measure the concentration of the specific HAP in a minimum of
three replicate samples using the selected test method. All replicate
samples shall be run through the entire analytical procedure. The
samples must contain the specific HAP at the selected MML concentration
and should be representative of the liquid streams to be analyzed in the
compliance demonstration. Spiking of the liquid samples with a known
concentration of the target HAP may be necessary to ensure that the HAP
concentration in the three replicate samples is at the selected MML. The
concentration of the HAP in the spiked sample must be within 50 percent
of the proposed MML for the demonstration to be valid. As an alternative
to spiking, a field sample above the MML may be diluted to produce a HAP
concentration at the MML. To be a valid demonstration, the diluted
sample must have a HAP concentration within 20 percent of the proposed
MML, and the field sample must not be diluted by more than a factor of
five.
(C) Calculate the relative standard deviation (RSD) and the upper
confidence limit at the 95 percent confidence level using the measured
HAP concentrations determined in paragraph (c)(5)(i)(B) of this section.
If the upper confidence limit of the RSD is less than 30 percent, then
the selected MML is acceptable. If the upper confidence limit of the RSD
is greater than or equal to 30 percent, then the selected MML is too
low, and the procedures specified in paragraphs (c)(5)(i)(A) through (C)
of this section must be repeated.
(ii) Provide for the Administrator's approval the selected value of
the MML for a specific HAP and the rationale for selecting the MML
including all data and calculations used to determine the MML. The
approved MML must be used in all applicable compliance demonstration
calculations.
(6) When using the MML determined using the procedures in paragraph
(c)(5)(ii) of this section or when using the MML determined using the
procedures in paragraph (c)(5)(i), except during set up, the analytical
laboratory conducting the analysis must perform and meet the following
quality assurance procedures each time a set of samples is analyzed to
determine compliance.
(i) Using the selected test method, analyze in triplicate the
concentration of the specific HAP in a representative sample. The sample
must contain the specific HAP at a concentration that is within a factor
of two of the MML. If there are no samples in the set being analyzed
that contain the specific HAP at an appropriate concentration, then a
sample below the MML may be spiked to produce the appropriate
concentration, or a sample at a higher level may be diluted. After
spiking, the sample must contain the specific HAP within 50 percent of
the MML. If dilution is used instead, the diluted sample must contain
the specific HAP within 20 percent of the MML and must not be diluted by
more than a factor of five.
(ii) Calculate the RSD using the measured HAP concentrations
determined in paragraph (c)(6)(i) of this section. If the RSD is less
than 20 percent, then the laboratory is performing acceptably.
(d) Detectable leak procedures. To measure detectable leaks for
closed-vent systems as specified in Sec. 63.450 or
[[Page 493]]
for pulping process wastewater collection systems as specified in
Sec. 63.446(d)(2)(i), the owner or operator shall comply with the
following:
(1) Method 21, of part 60, appendix A; and
(2) The instrument specified in Method 21 shall be calibrated before
use according to the procedures specified in Method 21 on each day that
leak checks are performed. The following calibration gases shall be
used:
(i) Zero air (less than 10 parts per million by volume of
hydrocarbon in air); and
(ii) A mixture of methane or n-hexane and air at a concentration of
approximately, but less than, 10,000 parts per million by volume methane
or n-hexane.
(e) Negative pressure procedures. To demonstrate negative pressure
at process equipment enclosure openings as specified in Sec. 63.450(b),
the owner or operator shall use one of the following procedures:
(1) An anemometer to demonstrate flow into the enclosure opening;
(2) Measure the static pressure across the opening;
(3) Smoke tubes to demonstrate flow into the enclosure opening; or
(4) Any other industrial ventilation test method demonstrated to the
Administrator's satisfaction.
(f) HAP concentration measurements. For purposes of complying with
the requirements in Secs. 63.443, 63.444, and 63.447, the owner or
operator shall measure the total HAP concentration as one of the
following:
(1) As the sum of all individual HAPs; or
(2) As methanol.
(g) Condensate HAP concentration measurement. For purposes of
complying with the kraft pulping condensate requirements in Sec. 63.446,
the owner or operator shall measure the total HAP concentration as
methanol. For biological treatment systems complying with
Sec. 63.446(e)(2), the owner or operator shall measure total HAP as
acetaldehyde, methanol, methyl ethyl ketone, and propionaldehyde and
follow the procedures in Sec. 63.457(l)(1) or (2).
(h) Bleaching HAP concentration measurement. For purposes of
complying with the bleaching system requirements in Sec. 63.445, the
owner or operator shall measure the total HAP concentration as the sum
of all individual chlorinated HAPs or as chlorine.
(i) Vent gas stream calculations. To demonstrate compliance with the
mass emission rate, mass emission rate per megagram of ODP, and percent
reduction requirements for vent gas streams specified in Secs. 63.443,
63.444, 63.445, and 63.447, the owner or operator shall use the
following:
(1) The total HAP mass emission rate shall be calculated using the
following equation:
[GRAPHIC] [TIFF OMITTED] TR15AP98.007
Where:
E=Mass emission rate of total HAP from the sampled vent, kilograms per
hour.
K2=Constant, 2.494x10-6 (parts per million by
volume)-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 pollutant j in parts per
million by volume as measured by the test methods specified in paragraph
(b) of this section.
Mj=Molecular weight of pollutant j, gram/gram-mole.
Qs=Vent gas stream flow rate (dry standard cubic meter per
minute) at a temperature of 20 deg.C as indicated in paragraph (b) of
this section.
n=Number of individual pollutants, i, summed to calculate total HAP.
(2) The total HAP mass emission rate per megagram of ODP shall be
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR15AP98.008
Where:
F=Mass emission rate of total HAP from the sampled vent, in kilograms
per megagram of ODP.
E=Mass emission rate of total HAP from the sampled vent, in kilograms
per hour determined as specified in paragraph (i)(1) of this section.
P=The production rate of pulp during the sampling period, in megagrams
of ODP per hour.
(3) The total HAP percent reduction shall be calculated using the
following equation:
[[Page 494]]
[GRAPHIC] [TIFF OMITTED] TR15AP98.009
Where:
R=Efficiency of control device, percent.
Ei=Inlet mass emission rate of total HAP from the sampled vent, in
kilograms of pollutant per hour, determined as specified in paragraph
(i)(1) of this section.
Eo=Outlet mass emission rate of total HAP from the sampled
vent, in kilograms of pollutant per hour, determined as specified in
paragraph (i)(1) of this section.
(j) Liquid stream calculations. To demonstrate compliance with the
mass flow rate, mass per megagram of ODP, and percent reduction
requirements for liquid streams specified in Sec. 63.446, the owner or
operator shall use the following:
(1) The mass flow rates of total HAP or methanol entering and
exiting the treatment process shall be calculated using the following
equations:
[GRAPHIC] [TIFF OMITTED] TR15AP98.010
Where:
Eb=Mass flow rate of total HAP or methanol in the liquid
stream entering the treatment process, kilograms per hour.
Ea=Mass flow rate of total HAP or methanol in the liquid
exiting the treatment process, kilograms per hour.
K=Density of the liquid stream, kilograms per cubic meter.
Vbi=Volumetric flow rate of liquid stream entering the
treatment process during each run i, cubic meters per hour, determined
as specified in paragraph (c) of this section.
Vai=Volumetric flow rate of liquid stream exiting the
treatment process during each run i, cubic meters per hour, determined
as specified in paragraph (c) of this section.
Cbi=Concentration of total HAP or methanol in the stream
entering the treatment process during each run i, parts per million by
weight, determined as specified in paragraph (c) of this section.
Cai=Concentration of total HAP or methanol in the stream
exiting the treatment process during each run i, parts per million by
weight, determined as specified in paragraph (c) of this section.
n=Number of runs.
(2) The mass of total HAP or methanol per megagram ODP shall be
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR15AP98.011
Where:
F=Mass loading of total HAP or methanol in the sample, in kilograms per
megagram of ODP.
Ea=Mass flow rate of total HAP or methanol in the wastewater
stream in kilograms per hour as determined using the procedures in
paragraph (j)(1) of this section.
P=The production rate of pulp during the sampling period in megagrams of
ODP per hour.
(3) The percent reduction of total HAP across the applicable
treatment process shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR15AP98.012
Where:
R=Control efficiency of the treatment process, percent.
Eb=Mass flow rate of total HAP in the stream entering the
treatment process, kilograms per hour, as determined in paragraph (j)(1)
of this section.
Ea=Mass flow rate of total HAP in the stream exiting the
treatment process, kilograms per hour, as determined in paragraph (j)(1)
of this section.
(4) Compounds that meet the requirements specified in paragraphs
(j)(4)(i) or (4)(ii) of this section are not required to be included in
the mass flow rate, mass per megagram of ODP, or the mass percent
reduction determinations.
(i) Compounds with concentrations at the point of determination that
are below 1 part per million by weight; or
(ii) 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.
(k) Oxygen concentration correction procedures. To demonstrate
compliance with the total HAP concentration limit of 20 ppmv in
Sec. 63.443(d)(2), the concentration measured using the methods
specified in paragraph (b)(5) of this section shall be corrected to 10
percent oxygen using the following procedures:
[[Page 495]]
(1) The emission rate correction factor and excess air integrated
sampling and analysis procedures of Methods 3A or 3B of part 60,
appendix A shall be used to determine the oxygen concentration. The
samples shall be taken at the same time that the HAP samples are taken.
(2) The concentration corrected to 10 percent oxygen shall be
computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR15AP98.013
Where:
Cc=Concentration of total HAP corrected to 10 percent oxygen,
dry basis, parts per million by volume.
Cm=Concentration of total HAP dry basis, parts per million by
volume, as specified in paragraph (b) of this section.
%02d=Concentration of oxygen, dry basis, percent by volume.
(l) Biological treatment system percent reduction and mass removal
calculations. To demonstrate compliance with the condensate treatment
standards specified in Sec. 63.446(e)(2) and the monitoring requirements
specified in Sec. 63.453(j)(3) using a biological treatment system, the
owner or operator shall use one of the procedures specified in
paragraphs (1)(1) and (2) of this section. Owners or operators using a
nonthoroughly mixed open biological treatment system shall also comply
with paragraph (1)(3) of this section.
(1) Percent reduction methanol procedure. For the purposes of
complying with the condensate treatment requirements specified in
Sec. 63.446(e)(2) and (3), the methanol percent reduction shall be
calculated using the following equations:
[GRAPHIC] [TIFF OMITTED] TR14MY01.003
Where:
R = Percent destruction.
fbio(MeOH) = The fraction of methanol removed in the
biological treatment system. The site-specific biorate constants shall
be determined using the appropriate procedures specified in appendix C
of this part.
r = Ratio of the sum of acetaldehyde, methyl ethyl ketone, and
propionaldehyde mass to methanol mass.
F(nonmethanol) = The sum of acetaldehyde, methyl ethyl
ketone, and propionaldehyde mass flow rates (kg/Mg ODP) entering the
biological treatment system determined using the procedures in paragraph
(j)(2) of this section.
F(methanol) = The mass flow rate (kg/Mg ODP) of methanol
entering the system determined using the procedures in paragraph (j)(2)
of this section.
(2) Mass removal methanol procedure. For the purposes of complying
with the condensate treatment requirements specified in
Sec. 63.446(e)(2) and (4), or Sec. 63.446(e)(2) and (5), the methanol
mass removal shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR14MY01.004
Where:
F = Methanol mass removal (kg/Mg ODP).
Fb = Inlet mass flow rate of methanol (kg/Mg ODP) determined
using the procedures in paragraph (j)(2) of this section.
fbio(MeOH) = The fraction of methanol removed in the
biological treatment system. The site-specific biorate constants shall
be determined using the appropriate procedures specified in appendix C
of this part.
r = Ratio of the sum of acetaldehyde, methyl ethyl ketone, and
propionaldehyde mass to methanol mass determined using the procedures in
paragraph (1) of this section.
(3) The owner or operator of a nonthoroughly mixed open biological
treatment system using the monitoring requirements specified in
Sec. 63.453(p)(3) shall follow the procedures specified in section
III.B.1 of appendix E of this part to determine the borate constant, Ks,
and characterize the open biological treatment system during the initial
and any subsequent performance tests.
(m) Condensate segregation procedures. The following procedures
shall be used to demonstrate compliance with the condensate segregation
requirements specified in Sec. 63.446(c).
(1) To demonstrate compliance with the percent mass requirements
specified in Sec. 63.446(c)(2), the procedures specified in paragraphs
(m)(1)(i) through (iii) of this section shall be performed.
(i) Determine the total HAP mass of all condensates from each
equipment
[[Page 496]]
system listed in Sec. 63.446 (b)(1) through (b)(3) using the procedures
specified in paragraphs (c) and (j) of this section.
(ii) Multiply the total HAP mass determined in paragraph (m)(1)(i)
of this section by 0.65 to determine the target HAP mass for the high-
HAP fraction condensate stream or streams.
(iii) Compliance with the segregation requirements specified in
Sec. 63.446(c)(2) is demonstrated if the condensate stream or streams
from each equipment system listed in Sec. 63.446(b)(1) through (3) being
treated as specified in Sec. 63.446(e) contain at least as much total
HAP mass as the target total HAP mass determined in paragraph (m)(1)(ii)
of this section.
(2) To demonstrate compliance with the percent mass requirements
specified in Sec. 63.446(c)(3), the procedures specified in paragraphs
(m)(2)(i) through (ii) of this section shall be performed.
(i) Determine the total HAP mass contained in the high-HAP fraction
condensates from each equipment system listed in Sec. 63.446(b)(1)
through (b)(3) and the total condensates streams from the equipment
systems listed in Sec. 63.446(b)(4) and (b)(5), using the procedures
specified in paragraphs (c) and (j) of this section.
(ii) Compliance with the segregation requirements specified in
Sec. 63.446(c)(3) is demonstrated if the total HAP mass determined in
paragraph (m)(2)(i) of this section is equal to or greater than the
appropriate mass requirements specified in Sec. 63.446(c)(3).
(n) Open biological treatment system monitoring sampling storage.
The inlet and outlet grab samples required to be collected in
Sec. 63.453(j)(1)(ii) shall be stored at 4 deg.C (40 deg.F) to
minimize the biodegradation of the organic compounds in the samples.
[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17564, Apr. 12, 1999;
65 FR 80763, Dec. 22, 2000; 66 FR 24269, May 14, 2001]
Sec. 63.458 Delegation of authority.
(a) In delegating implementation and enforcement authority to a
State under section 112(d) 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:
(1) Section 63.6(g)--Use of an alternative nonopacity emission
standard;
(2) Section 63.453(m)--Use of an alternative monitoring parameter;
(3) Section 63.457(b)(5)(iii)--Use of an alternative test method for
total HAP or methanol in vents; and
(4) Section 63.457(c)(3)(iii)--Use of an alternative test method for
total HAP or methanol in wastewater.
(5) Section 63.457(c)(5)(ii)--Determination of the minimum
measurement level in liquid streams for a specific HAP using the
selected test method.
[63 FR 18617, Apr. 15, 1998, as amended at 65 FR 80765, Dec. 22, 2000]
Effective Date Note: At 68 FR 37348, June 23, 2003, Sec. 63.458 was
revised effective August 22, 2003. For the convenience of the user, the
revised text is set forth as follows:
Sec. 63.458 Implementation and enforcement.
(a) This subpart can be implemented and enforced by the U.S. EPA, or
a delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if this
subpart is delegated to a State, local, or Tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.
(c) The authorities that cannot be delegated to State, local, or
Tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
(1) Approval of alternatives to the requirements in Secs. 63.440,
63.443 through 63.447 and 63.450. Where these standards reference
another subpart, the cited provisions will be delegated according to the
delegation provisions of the referenced subpart.
(2) Approval of alternatives to using Secs. 63.457(b)(5)(iii),
63.457(c)(3)(ii) through (iii), and 63.257(c)(5)(ii), and any major
alternatives to test methods under Sec. 63.7(e)(2)(ii) and (f), as
defined in Sec. 63.90, and as required in this subpart.
(3) Approval of alternatives using Sec. 64.453(m) and any major
alternatives to monitoring under Sec. 63.8(f), as defined in Sec. 63.90,
and as required in this subpart.
[[Page 497]]
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this
subpart.
Sec. 63.459 Alternative standards.
(a) Flint River Mill. The owner or operator of the pulping system
using the kraft process at the manufacturing facility, commonly called
Weyerhaeuser Company Flint River Operations, at Old Stagecoach Road,
Oglethorpe, Georgia, (hereafter the Site) shall comply with all
provisions of this subpart, except as specified in paragraphs (a)(1)
through (a)(5) of this section.
(1) The owner or operator of the pulping system is not required to
control total HAP emissions from equipment systems specified in
paragraphs (a)(1)(i) and (a)(1)(ii) if the owner or operator complies
with paragraphs (a)(2) through (a)(5) of this section.
(i) The brownstock diffusion washer vent and first stage brownstock
diffusion washer filtrate tank vent in the pulp washing system specified
in Sec. 63.443(a)(1)(iii).
(ii) The oxygen delignification system specified in
Sec. 63.443(a)(1)(v).
(2) The owner or operator of the pulping system shall control total
HAP emissions from equipment systems listed in paragraphs (a)(2)(i)
through (a)(2)(ix) of this section as specified in Sec. 63.443(c) and
(d) of this subpart no later than April 16, 2002.
(i) The weak liquor storage tank;
(ii) The boilout tank;
(iii) The utility tank;
(iv) The fifty percent solids black liquor storage tank;
(v) The south sixty-seven percent solids black liquor storage tank;
(vi) The north sixty-seven percent solids black liquor storage tank;
(vii) The precipitator make down tanks numbers one, two and three;
(viii) The salt cake mix tank; and
(ix) The NaSH storage tank.
(3) The owner and operator of the pulping system shall operate the
Isothermal Cooking system at the site while pulp is being produced in
the continuous digester at any time after April 16, 2002.
(i) The owner or operator shall monitor the following parameters to
demonstrate that isothermal cooking is in operation:
(A) Continuous digester dilution factor; and
(B) The difference between the continuous digester vapor zone
temperature and the continuous digester extraction header temperature.
(ii) The isothermal cooking system shall be in operation when the
continuous digester dilution factor and the temperature difference
between the continuous digester vapor zone temperature and the
continuous digester extraction header temperature are maintained as set
forth in Table 2:
Table 2 to Subpart S--Isothermal Cooking System Operational Values
----------------------------------------------------------------------------------------------------------------
Parameter Instrument number Limit Units
----------------------------------------------------------------------------------------------------------------
Digester Dilution Factor............. K1DILFAC............... 0.0......... None
Difference in Digester Vapor Zone 03TI0311............... <10.................... Degrees F.
Temperature and Digester.
Extraction Header Temperature........ 03TI0329...............
----------------------------------------------------------------------------------------------------------------
(iii) The owner or operator shall certify annually the operational
status of the isothermal cooking system.
(4) [Reserved]
(5) Definitions. All descriptions and references to equipment and
emission unit ID numbers refer to equipment at the Site. All terms used
in this paragraph shall have the meaning given them in this part and
this paragraph. For the purposes of this paragraph only the following
additional definitions apply:
Boilout tank means the tank that provides tank storage capacity for
recovery of black liquor spills and evaporator water washes for return
to the evaporators (emission unit ID No. U606);
Brownstock diffusion washer means the equipment used to wash pulp
from the surge chests to further reduce lignin carryover in the pulp;
Continuous digester means the digester system used to chemically and
thermally remove the lignin binding the wood chips to
[[Page 498]]
produce individual pulp fibers (emission unit ID No. P300);
Fifty percent solids black liquor storage tank means the tank used
to store intermediate black liquor prior to final evaporation in the 1A,
1B, and 1C Concentrators (emission unit ID No. U605);
First stage brownstock diffusion washer means the equipment that
receives and stores filtrate from the first stage of washing for return
to the pressure diffusion washer;
Isothermal cooking system means the 1995-1996 modernization of
brownstock pulping process including conversion of the Kamyr continuous
vapor phase digester to an extended delignification unit and changes in
the knotting, screening, and oxygen stage systems:
NaSH storage tank means the tank used to store sodium hydrosulfite
solution prior to use as make-up to the liquor system
North sixty-seven percent solids black liquor storage tank means one
of two tanks used to store black liquor prior to burning in the Recovery
Boiler for chemical recovery (emission unit ID No. U501);
Precipitator make down tank numbers one, two and three mean tanks
used to mix collected particulate from electrostatic precipitator
chamber number one with 67% black liquor for recycle to chemical
recovery in the Recovery Boiler (emission unit ID Nos. U504, U505 and
U506);
Salt cake mix tank means the tank used to mix collected particulate
from economizer hoppers with black liquor for recycle to chemical
recovery in the Recovery Boiler (emission unit ID No. U503);
South sixty-seven percent solids black liquor storage tank means one
of two tanks used to store black liquor prior to burning in the Recovery
Boiler for chemical recovery (emission unit ID No. U502);
Utility tank means the tank used to store fifty percent liquor and,
during black liquor tank inspections and repairs, to serve as a backup
liquor storage tank (emission unit ID No. U611);
Weak gas system means high volume, low concentration or HVLC system
as defined in Sec. 63.441; and
Weak liquor storage tank means the tank that provide surge capacity
for weak black liquor from digesting prior to feed to multiple effect
evaporators (emission unit ID No. U610).
(b) [Reserved]
[66 FR 34124, June 27, 2001, as amended at 66 FR 52538, Oct. 16, 2001]
Table 1 to Subpart S of Part 63--General Provisions Applicability to
Subpart S a
------------------------------------------------------------------------
Applies to Subpart
Reference S Comment
------------------------------------------------------------------------
63.1(a)(1)-(3).............. Yes...............
63.1(a)(4).................. Yes............... Subpart S (this table)
specifies
applicability of each
paragraph in subpart
A to subpart S.
63.1(a)(5).................. No................ Section reserved.
63.1(a)(6)-(8).............. Yes...............
63.1(a)(9).................. No................ Section reserved.
63.1(a)(10)................. No................ Subpart S and other
cross-referenced
subparts specify
calendar or operating
day.
63.1(a)(11)-(14)............ Yes...............
63.1(b)(1).................. No................ Subpart S specifies
its own
applicability.
63.1(b)(2)-(3).............. Yes...............
63.1(c)(1)-(2).............. Yes...............
63.1(c)(3).................. No................ Section reserved.
63.1(c)(4)-(5).............. Yes...............
63.1(d)..................... No................ Section reserved.
63.1(e)..................... Yes...............
63.2........................ Yes...............
63.3........................ Yes...............
63.4(a)(1).................. Yes...............
63.4(a)(3)..................
63.4(a)(4).................. No................ Section reserved.
63.4(a)(5).................. Yes...............
63.4(b)..................... Yes...............
63.4(c)..................... Yes...............
63.5(a)..................... Yes...............
63.5(b)(1).................. Yes...............
63.5(b)(2).................. No................ Section reserved.
63.5(b)(3).................. Yes...............
63.5(b)(4)-(6).............. Yes...............
63.5(c)..................... No................ Section reserved.
63.5(d)..................... Yes...............
63.5(e)..................... Yes...............
63.5(f)..................... Yes...............
[[Page 499]]
63.6(a)..................... Yes...............
63.6(b)..................... No................ Subpart S specifies
compliance dates for
sources subject to
subpart S.
63.6(c)..................... No................ Subpart S specifies
compliance dates for
sources subject to
subpart S.
63.6(d)..................... No................ Section reserved.
63.6(e)..................... Yes...............
63.6(f)..................... Yes...............
63.6(g)..................... Yes...............
63.6(h)..................... No................ Pertains to continuous
opacity monitors that
are not part of this
standard.
63.6(i)..................... Yes...............
63.6(j)..................... Yes...............
63.7........................ Yes...............
63.8(a)(1).................. Yes...............
63.8(a)(2).................. Yes...............
63.8(a)(3).................. No................ Section reserved.
63.8(a)(4).................. Yes...............
63.8(b)(1).................. Yes...............
63.8(b)(2).................. No................ Subpart S specifies
locations to conduct
monitoring.
63.8(b)(3).................. Yes...............
63.8(c)(1).................. Yes...............
63.8(c)(2).................. Yes...............
63.8(c)(3).................. Yes...............
63.8(c)(4).................. No................ Subpart S allows site
specific
determination of
monitoring frequency
in Sec.
63.453(n)(4).
63.8(c)(5).................. No................ Pertains to continuous
opacity monitors that
are not part of this
standard.
63.8(c)(6).................. Yes...............
63.8(c)(7).................. Yes...............
63.8(c)(8).................. Yes...............
63.8(d)..................... Yes...............
63.8(e)..................... Yes...............
63.8(f)(1)-(5).............. Yes...............
63.8(f)(6).................. No................ Subpart S does not
specify relative
accuracy test for
CEMs.
63.8(g)..................... Yes...............
63.9(a)..................... Yes...............
63.9(b)..................... Yes............... Initial notifications
must be submitted
within one year after
the source becomes
subject to the
relevant standard.
63.9(c)..................... Yes...............
63.9(d)..................... No................ Special compliance
requirements are only
applicable to kraft
mills.
63.9(e)..................... Yes...............
63.9(f)..................... No................ Pertains to continuous
opacity monitors that
are not part of this
standard.
63.9(g)(1).................. Yes...............
63.9(g)(2).................. No................ Pertains to continuous
opacity monitors that
are not part of this
standard.
63.9(g)(3).................. No................ Subpart S does not
specify relative
accuracy tests,
therefore no
notification is
required for an
alternative.
63.9(h)..................... Yes...............
63.9(i)..................... Yes...............
63.9(j)..................... Yes...............
63.10(a).................... Yes...............
63.10(b).................... Yes...............
63.10(c).................... Yes...............
63.10(d)(1)................. Yes...............
63.10(d)(2)................. Yes...............
63.10(d)(3)................. No................ Pertains to continuous
opacity monitors that
are not part of this
standard.
63.10(d)(4)................. Yes...............
63.10(d)(5)................. Yes...............
63.10(e)(1)................. Yes...............
63.10(e)(2)(i).............. Yes...............
63.10(e)(2)(ii)............. No................ Pertains to continuous
opacity monitors that
are not part of this
standard.
63.10(e)(3)................. Yes...............
63.10(e)(4)................. No................ Pertains to continuous
opacity monitors that
are not part of this
standard.
63.10(f).................... Yes...............
63.11-63.15................. Yes...............
------------------------------------------------------------------------
a Wherever subpart A specifies ``postmark'' dates, submittals may be
sent by methods other than the U.S. Mail (e.g., by fax or courier).
Submittals shall be sent by the specified dates, but a postmark is not
required.
[[Page 500]]
[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17564, Apr. 12, 1999]
Subpart T--National Emission Standards for Halogenated Solvent Cleaning
Source: 59 FR 61805, Dec. 2, 1994, unless otherwise noted.
Sec. 63.460 Applicability and designation of source.
(a) The provisions of this subpart apply to each individual batch
vapor, in-line vapor, in-line cold, and batch cold solvent cleaning
machine that uses any solvent containing methylene chloride (CAS No. 75-
09-2), perchloroethylene (CAS No. 127-18-4), trichloroethylene (CAS No.
79-01-6), 1,1,1-trichloroethane (CAS No. 71-55-6), carbon tetrachloride
(CAS No. 56-23-5) or chloroform (CAS No. 67-66-3), or any combination of
these halogenated HAP solvents, in a total concentration greater than 5
percent by weight, as a cleaning and/or drying agent. The concentration
of these solvents may be determined using EPA test method 18, material
safety data sheets, or engineering calculations. Wipe cleaning
activities, such as using a rag containing halogenated solvent or a
spray cleaner containing halogenated solvent are not covered under the
provisions of this subpart.
(b) Except as noted in appendix C (General Provisions Applicability
to Subpart T) of this subpart, the provisions of subpart A of this part
(General Provisions) apply to owners or operators of any solvent
cleaning machine meeting the applicability criteria of paragraph (a) of
this section.
(c) Except as provided in paragraph (g) of this section, each
solvent cleaning machine subject to this subpart that commences
construction or reconstruction after November 29, 1993 shall achieve
compliance with the provisions of this subpart immediately upon start-up
or by December 2, 1994, whichever is later.
(d) Except as provided in paragraph (g) of this section, each
solvent cleaning machine subject to this subpart that commenced
construction or reconstruction on or before November 29, 1993 shall
achieve compliance with the provisions of this subpart no later than
December 2, 1997.
(e) In delegating implementation and enforcement authority to a
State under section 112(d) of the Act, the authority contained in
paragraph (f) of this section shall be retained by the Administrator and
not transferred to a State.
(f) The authority conferred in Sec. 63.463(d)(9) and Sec. 63.469
will not be delegated to any State.
(g) Each continuous web cleaning machine subject to this subpart
shall achieve compliance with the provisions of this subpart no later
than December 2, 1999.
[59 FR 61805, Dec. 2, 1994; 59 FR 67750, Dec. 30, 1994, as amended at 60
FR 29485, June 5, 1995; 63 FR 68400, Dec. 11, 1998]
Effective Date Note: At 68 FR 37349, June 23, 2003, Sec. 63.460 was
amended by removing paragraph (f) effective August 22, 2003.