[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2013 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          Title 40

Protection of Environment


________________________

Part 63 (Sec.  63.8980 to end of part 63)

                         Revised as of July 1, 2013

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2013
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

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[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     887
      Alphabetical List of Agencies Appearing in the CFR......     907
      List of CFR Sections Affected...........................     917

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 63.8980 
                       refers to title 40, part 
                       63, section 8980.

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
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    To determine whether a Code volume has been amended since its 
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Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
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PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
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INCORPORATION BY REFERENCE

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this volume.

[[Page vii]]

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    Charles A. Barth,
    Director,
    Office of the Federal Register.
    July 1, 2013.







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-four 
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-
52.2019), part 52 (52.2020-end of part 52), parts 53-59, part 60 (60.1-
end of part 60, sections), part 60 (Appendices), parts 61-62, part 63 
(63.1-63.599), part 63 (63.600-63.1199), part 63 (63.1200-63.1439), part 
63 (63.1440-63.6175), part 63 (63.6580-63.8830), part 63 (63.8980-end of 
part 63) parts 64-71, parts 72-80, parts 81-84, part 85-Sec.  86.599-99, 
part 86 (86.600-1-end of part 86), parts 87-95, parts 96-99, parts 100-
135, parts 136-149, parts 150-189, parts 190-259, parts 260-265, parts 
266-299, parts 300-399, parts 400-424, parts 425-699, parts 700-789, 
parts 790-999, and part 1000 to end. The contents of these volumes 
represent all current regulations codified under this title of the CFR 
as of July 1, 2013.

    Chapter I--Environmental Protection Agency appears in all thirty-
four volumes. Regulations issued by the Council on Environmental 
Quality, including an Index to Parts 1500 through 1508, appear in the 
volume containing part 1000 to end. The OMB control numbers for title 40 
appear in Sec.  9.1 of this chapter.

    For this volume, Robert J. Sheehan, III was Chief Editor. The Code 
of Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.

[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




      (This book contains part 63,Sec. 63.8980 to end of part 63)

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

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

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




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


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

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

[[Page 5]]



                  SUBCHAPTER C_AIR PROGRAMS (CONTINUED)





PART 63_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR 
SOURCE CATEGORIES (CONTINUED)--Table of Contents



Subpart NNNNN_National Emission Standards for Hazardous Air Pollutants: 
                      Hydrochloric Acid Production

                        What This Subpart Covers

Sec.
63.8980 What is the purpose of this subpart?
63.8985 Am I subject to this subpart?
63.8990 What parts of my plant does this subpart cover?
63.8995 When do I have to comply with this subpart?

            Emission Limitations and Work Practice Standards

63.9000 What emission limitations and work practice standards must I 
          meet?

                     General Compliance Requirements

63.9005 What are my general requirements for complying with this 
          subpart?

               Testing and Initial Compliance Requirements

63.9010 By what date must I conduct performance tests?
63.9015 When must I conduct subsequent performance tests?
63.9020 What performance tests and other procedures must I use?
63.9025 What are my monitoring installation, operation, and maintenance 
          requirements?
63.9030 How do I demonstrate initial compliance with the emission 
          limitations and work practice standards?

                   Continuous Compliance Requirements

63.9035 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.9040 How do I demonstrate continuous compliance with the emission 
          limitations and work practice standards?

                   Notifications, Reports, and Records

63.9045 What notifications must I submit and when?
63.9050 What reports must I submit and when?
63.9055 What records must I keep?
63.9060 In what form and how long must I keep my records?

                   Other Requirements and Information

63.9065 What parts of the General Provisions apply to me?
63.9070 Who implements and enforces this subpart?
63.9075 What definitions apply to this subpart?

Table 1 to Subpart NNNNN of Part 63--Emission Limits and Work Practice 
          Standards
Table 2 to Subpart NNNNN of Part 63--Operating Limits
Table 3 to Subpart NNNNN of Part 63--Performance Test Requirements for 
          HCl Production Affected Sources
Table 4 to Subpart NNNNN of Part 63--Initial Compliance with Emission 
          Limitations and Work Practice Standards
Table 5 to Subpart NNNNN of Part 63--Continuous Compliance with Emission 
          Limitations and Work Practice Standards
Table 6 to Subpart NNNNN of Part 63--Requirements for Reports
Table 7 to Subpart NNNNN of Part 63--Applicability of General Provisions 
          to Subpart NNNNN

Subpart OOOOO [Reserved]

 Subpart PPPPP_National Emission Standards for Hazardous Air Pollutants 
                      for Engine Test Cells/Stands

                        What This Subpart Covers

63.9280 What is the purpose of subpart PPPPP?
63.9285 Am I subject to this subpart?
63.9290 What parts of my plant does this subpart cover?
63.9295 When do I have to comply with this subpart?

                          Emission Limitations

63.9300 What emission limitation must I meet?
63.9301 What are my options for meeting the emission limits?
63.9302 What operating limits must I meet?

                     General Compliance Requirements

63.9305 What are my general requirements for complying with this 
          subpart?
63.9306 What are my continuous parameter monitoring system (CPMS) 
          installation, operation, and maintenance requirements?
63.9307 What are my continuous emissions monitoring system installation, 
          operation, and maintenance requirements?

[[Page 6]]

               Testing and Initial Compliance Requirements

63.9310 By what date must I conduct the initial compliance 
          demonstrations?
63.9320 What procedures must I use?
63.9321 What are the general requirements for performance tests?
63.9322 How do I determine the emission capture system efficiency?
63.9323 How do I determine the add-on control device emission 
          destruction or removal efficiency?
63.9324 How do I establish the emission capture system and add-on 
          control device operating limits during the performance test?
63.9330 How do I demonstrate initial compliance with the emission 
          limitation?

                   Continuous Compliance Requirements

63.9335 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.9340 How do I demonstrate continuous compliance with the emission 
          limitation?

                   Notifications, Reports, and Records

63.9345 What notifications must I submit and when?
63.9350 What reports must I submit and when?
63.9355 What records must I keep?
63.9360 In what form and how long must I keep my records?

                   Other Requirements and Information

63.9365 What parts of the General Provisions apply to me?
63.9370 Who implements and enforces this subpart?
63.9375 What definitions apply to this subpart?

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

 Subpart QQQQQ_National Emission Standards for Hazardous Air Pollutants 
             for Friction Materials Manufacturing Facilities

                        What This Subpart Covers

63.9480 What is the purpose of this subpart?
63.9485 Am I subject to this subpart?
63.9490 What parts of my plant does this subpart cover?
63.9495 When do I have to comply with this subpart?

                          Emission Limitations

63.9500 What emission limitations must I meet?

                     General Compliance Requirements

63.9505 What are my general requirements for complying with this 
          subpart?

              Initial Compliance Demonstration Requirements

63.9510 By what date must I conduct my initial compliance demonstration?
63.9515 How do I demonstrate initial compliance with the emission 
          limitation that applies to me?
63.9520 What procedures must I use to demonstrate initial compliance?
63.9525 What are the installation, operation, and maintenance 
          requirements for my weight measurement device?

                   Continuous Compliance Requirements

63.9530 How do I demonstrate continuous compliance with the emission 
          limitation that applies to me?

                   Notifications, Reports, and Records

63.9535 What notifications must I submit and when?
63.9540 What reports must I submit and when?
63.9545 What records must I keep?
63.9550 In what form and how long must I keep my records?

                   Other Requirements and Information

63.9555 What parts of the General Provisions apply to me?
63.9560 Who implements and enforces this subpart?
63.9565 What definitions apply to this subpart?
63.9570 How do I apply for alternative compliance requirements?
63.9571-63.9579 [Reserved]

[[Page 7]]


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

Subpart RRRRR_National Emission Standards for Hazardous Air Pollutants: 
                      Taconite Iron Ore Processing

                        What This Subpart Covers

63.9580 What is the purpose of this subpart?
63.9581 Am I subject to this subpart?
63.9582 What parts of my plant does this subpart cover?
63.9583 When do I have to comply with this subpart?

            Emission Limitations and Work Practice Standards

63.9590 What emission limitations must I meet?
63.9591 What work practice standards must I meet?

                 Operation and Maintenance Requirements

63.9600 What are my operation and maintenance requirements?

                     General Compliance Requirements

63.9610 What are my general requirements for complying with this 
          subpart?

                     Initial Compliance Requirements

63.9620 On which units and by what date must I conduct performance tests 
          or other initial compliance demonstrations?
63.9621 What test methods and other procedures must I use to demonstrate 
          initial compliance with the emission limits for particulate 
          matter?
63.9622 What test methods and other procedures must I use to establish 
          and demonstrate initial compliance with the operating limits?
63.9623 How do I demonstrate initial compliance with the emission 
          limitations that apply to me?
63.9624 How do I demonstrate initial compliance with the work practice 
          standards that apply to me?
63.9625 How do I demonstrate initial compliance with the operation and 
          maintenance requirements that apply to me?

                   Continuous Compliance Requirements

63.9630 When must I conduct subsequent performance tests?
63.9631 What are my monitoring requirements?
63.9632 What are the installation, operation, and maintenance 
          requirements for my monitoring equipment?
63.9633 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.9634 How do I demonstrate continuous compliance with the emission 
          limitations that apply to me?
63.9635 How do I demonstrate continuous compliance with the work 
          practice standards that apply to me?
63.9636 How do I demonstrate continuous compliance with the operation 
          and maintenance requirements that apply to me?
63.9637 What other requirements must I meet to demonstrate continuous 
          compliance?

                   Notifications, Reports, and Records

63.9640 What notifications must I submit and when?
63.9641 What reports must I submit and when?
63.9642 What records must I keep?
63.9643 In what form and how long must I keep my records?

                   Other Requirements and Information

63.9650 What parts of the General Provisions apply to me?
63.9651 Who implements and enforces this subpart?
63.9652 What definitions apply to this subpart?

Table 1 to Subpart RRRRR of Part 63--Emission Limits
Table 2 to Subpart RRRRR of Part 63--Applicability of General Provisions 
          to Subpart RRRRR of Part 63

 Subpart SSSSS_National Emission Standards for Hazardous Air Pollutants 
                  for Refractory Products Manufacturing

                        What This Subpart Covers

63.9780 What is the purpose of this subpart?
63.9782 Am I subject to this subpart?
63.9784 What parts of my plant does this subpart cover?
63.9786 When do I have to comply with this subpart?

            Emission Limitations and Work Practice Standards

63.9788 What emission limits, operating limits, and work practice 
          standards must I meet?
63.9790 What are my options for meeting the emission limits?

                     General Compliance Requirements

63.9792 What are my general requirements for complying with this 
          subpart?
63.9794 What do I need to know about operation, maintenance, and 
          monitoring plans?

[[Page 8]]

               Testing and Initial Compliance Requirements

63.9796 By what date must I conduct performance tests?
63.9798 When must I conduct subsequent performance tests?
63.9800 How do I conduct performance tests and establish operating 
          limits?
63.9802 How do I develop an emissions profile?
63.9804 What are my monitoring system installation, operation, and 
          maintenance requirements?
63.9806 How do I demonstrate initial compliance with the emission 
          limits, operating limits, and work practice standards?

                   Continuous Compliance Requirements

63.9808 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.9810 How do I demonstrate continuous compliance with the emission 
          limits, operating limits, and work practice standards?

                   Notifications, Reports, and Records

63.9812 What notifications must I submit and when?
63.9814 What reports must I submit and when?
63.9816 What records must I keep?
63.9818 In what form and how long must I keep my records?

                   Other Requirements and Information

63.9820 What parts of the General Provisions apply to me?
63.9822 Who implements and enforces this subpart?
63.9824 What definitions apply to this subpart?

Table 1 to Subpart SSSSS of Part 63--Emission Limits
Table 2 to Subpart SSSSS of Part 63--Operating Limits
Table 3 to Subpart SSSSS of Part 63--Work Practice Standards
Table 4 to Subpart SSSSS of Part 63--Requirements for Performance Tests
Table 5 to Subpart SSSSS of Part 63--Initial Compliance with Emission 
          Limits
Table 6 to Subpart SSSSS of Part 63--Initial Compliance with Work 
          Practice Standards
Table 7 to Subpart SSSSS of Part 63--Continuous Compliance with Emission 
          Limits
Table 8 to Subpart SSSSS of Part 63--Continuous Compliance with 
          Operating Limits
Table 9 to Subpart SSSSS of Part 63--Continuous Compliance with Work 
          Practice Standards
Table 10 to Subpart SSSSS of Part 63--Requirements for Reports
Table 11 to Subpart SSSSS of Part 63--Applicability of General 
          Provisions to Subpart SSSSS

Subpart TTTTT_National Emissions Standards for Hazardous Air Pollutants 
                     for Primary Magnesium Refining

                        What This Subpart Covers

63.9880 What is the purpose of this subpart?
63.9881 Am I subject to this subpart?
63.9882 What parts of my plant does this subpart cover?
63.9883 When do I have to comply with this subpart?

            Emission Limitations and Work Practice Standards

63.9890 What emission limitations must I meet?
63.9891 What work practice standards must I meet for my fugitive dust 
          sources?

                 Operation and Maintenance Requirements

63.9900 What are my operation and maintenance requirements?

                     General Compliance Requirements

63.9910 What are my general requirements for complying with this 
          subpart?

                     Initial Compliance Requirements

63.9911 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.9912 When must I conduct subsequent performance tests?
63.9913 What test methods and other procedures must I use to demonstrate 
          initial compliance with the emission limits for particulate 
          matter and PM10?
63.9914 What test methods and other procedures must I use to demonstrate 
          initial compliance with chlorine and hydrochloric acid 
          emission limits?
63.9915 What test methods and other procedures must I use to demonstrate 
          initial compliance with dioxin/furan emission limits?
63.9916 What test methods and other procedures must I use to establish 
          and demonstrate initial compliance with the operating limits?
63.9917 How do I demonstrate initial compliance with the emission 
          limitations and work practice standards that apply to me?
63.9918 How do I demonstrate initial compliance with the operation and 
          maintenance requirements that apply to me?

                   Continuous Compliance Requirements

63.9920 What are my monitoring requirements?

[[Page 9]]

63.9921 What are the installation, operation, and maintenance 
          requirements for my monitors?
63.9922 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.9923 How do I demonstrate continuous compliance with the emission 
          limitations and work practice standards that apply to me?
63.9924 How do I demonstrate continuous compliance with the operation 
          and maintenance requirements that apply to me?
63.9925 What other requirements must I meet to demonstrate continuous 
          compliance?

                   Notifications, Reports, and Records

63.9930 What notifications must I submit and when?
63.9931 What reports must I submit and when?
63.9932 What records must I keep?
63.9933 In what form and how long must I keep my records?

                   Other Requirements and Information

63.9940 What parts of the General Provisions apply to me?
63.9941 Who implements and enforces this subpart?
63.9942 What definitions apply to this subpart?

Table 1 to Subpart TTTTT of Part 63--Emission Limits
Table 2 to Subpart TTTTT of Part 63--Toxic Equivalency Factors
Table 3 to Subpart TTTTT of Part 63--Initial Compliance with Emission 
          Limits
Table 4 to Subpart TTTTT of Part 63--Continuous Compliance with Emission 
          Limits
Table 5 to Subpart TTTTT of Part 63--Applicability of General Provisions 
          to Subpart TTTTT of Part 63

Subpart UUUUU_National Emission Standards for Hazardous Air Pollutants: 
       Coal- and Oil-Fired Electric Utility Steam Generating Units

                        What This Subpart Covers

63.9980 What is the purpose of this subpart?
63.9981 Am I subject to this subpart?
63.9982 What is the affected source of this subpart?
63.9983 Are any EGUs not subject to this subpart?
63.9984 When do I have to comply with this subpart?
63.9985 What is a new EGU?

            Emission Limitations and Work Practice Standards

63.9990 What are the subcategories of EGUs?
63.9991 What emission limitations, work practice standards, and 
          operating limits must I meet?

                     General Compliance Requirements

63.10000 What are my general requirements for complying with this 
          subpart?
63.10001 Affirmative defense for exceedence of emission limit during 
          malfunction.

               Testing and Initial Compliance Requirements

63.10005 What are my initial compliance requirements and by what date 
          must I conduct them?
63.10006 When must I conduct subsequent performance tests or tune-ups?
63.10007 What methods and other procedures must I use for the 
          performance tests?
63.10008 [Reserved]
63.10009 May I use emissions averaging to comply with this subpart?
63.10010 What are my monitoring, installation, operation, and 
          maintenance requirements?
63.10011 How do I demonstrate initial compliance with the emission 
          limitations and work practice standards?

                   Continuous Compliance Requirements

63.10020 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.10021 How do I demonstrate continuous compliance with the emission 
          limitations, operating limits, and work practice standards?
63.10022 How do I demonstrate continuous compliance under the emissions 
          averaging provision?
63.10023 How do I establish my PM CPMS operating limit and determine 
          compliance with it?

                   Notifications, Reports, and Records

63.10030 What notifications must I submit and when?
63.10031 What reports must I submit and when?
63.10032 What records must I keep?
63.10033 In what form and how long must I keep my records?

                   Other Requirements and Information

63.10040 What parts of the General Provisions apply to me?
63.10041 Who implements and enforces this subpart?
63.10042 What definitions apply to this subpart?

Table 1 to Subpart UUUUU of Part 63--Emission Limits for New or 
          Reconstructed EGUs
Table 2 to Subpart UUUUU of Part 63--Emission Limits for Existing EGUs

[[Page 10]]

Table 3 to Subpart UUUUU of Part 63--Work Practice Standards
Table 4 to Subpart UUUUU of Part 63--Operating Limits for EGUs
Table 5 to Subpart UUUUU of Part 63--Performance Testing Requirements
Table 6 to Subpart UUUUU of Part 63--Establishing PM CPMS Operating 
          Limits
Table 7 to Subpart UUUUU of Part 63--Demonstrating Continuous Compliance
Table 8 to Subpart UUUUU of Part 63--Reporting Requirements
Table 9 to Subpart UUUUU of Part 63--Applicability of General Provisions 
          to Subpart UUUUU
Appendix A to Subpart UUUUU of Part 63--Hg Monitoring Provisions
Appendix B to Subpart UUUUU of Part 63--HCl and HF Monitoring Provisions

Subpart VVVVV [Reserved]

 Subpart WWWWW_National Emission Standards for Hospital Ethylene Oxide 
                               Sterilizers

                   Applicability and Compliance Dates

63.10382 Am I subject to this subpart?
63.10384 What are my compliance dates?

                                Standards

63.10390 What management practice standards must I meet?

                     Initial Compliance Requirements

63.10400 How do I demonstrate initial compliance?
63.10402 By what date must I demonstrate initial compliance?

             Monitoring--Continuous Compliance Requirements

63.10420 How do I demonstrate continuous compliance with the management 
          practice requirements?

                   Notifications, Reports, and Records

63.10430 What notifications must I submit and by when?
63.10432 What records must I keep?
63.10434 In what form and for how long must I keep my records?

                   Other Requirements and Information

63.10440 What parts of the General Provisions apply to me?
63.10442 Who implements and enforces this subpart?
63.10446 Do title V permitting requirements apply to area sources 
          subject to this subpart?
63.10448 What definitions apply to this subpart?

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

Subpart XXXXX [Reserved]

 Subpart YYYYY_National Emission Standards for Hazardous Air Pollutants 
      for Area Sources: Electric Arc Furnace Steelmaking Facilities

                   Applicability and Compliance Dates

63.10680 Am I subject to this subpart?
63.10681 What are my compliance dates?

                  Standards and Compliance Requirements

63.10685 What are the requirements for the control of contaminants from 
          scrap?
63.10686 What are the requirements for electric arc furnaces and argon-
          oxygen decarburization vessels?

                   Other Information and Requirements

63.10690 What parts of the General Provisions apply to this subpart??
63.10691 Who implements and enforces this subpart?
63.10692 What definitions apply to this subpart?

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

 Subpart ZZZZZ_National Emission Standards for Hazardous Air Pollutants 
                for Iron and Steel Foundries Area Sources

                   Applicability and Compliance Dates

63.10880 Am I subject to this subpart?
63.10881 What are my compliance dates?

Pollution Prevention Management Practices for New and Existing Affected 
                                 Sources

63.10885 What are my management practices for metallic scrap and mercury 
          switches?
63.10886 What are my management practices for binder formulations?

 Requirements for New and Existing Affected Sources Classified as Small 
                                Foundries

63.10890 What are my management practices and compliance requirements?

 Requirements for New and Existing Affected Sources Classified as Large 
                                Foundries

63.10895 What are my standards and management practices?
63.10896 What are my operation and maintenance requirements?
63.10897 What are my monitoring requirements?

[[Page 11]]

63.10898 What are my performance test requirements?
63.10899 What are my recordkeeping and reporting requirements?
63.10900 What parts of the General Provisions apply to my large foundry?

                   Other Requirements and Information

63.10905 Who implements and enforces this subpart?
63.10906 What definitions apply to this subpart?

Table 1 to Subpart ZZZZZ of Part 63--Performance Test Requirements for 
          New and Existing Affected Sources Classified as Large 
          Foundries
Table 2 to Subpart ZZZZZ of Part 63--Procedures for Establishing 
          Operating Limits for New Affected Sources Classified as Large 
          Foundries
Table 3 to Subpart ZZZZZ of Part 63--Applicability of General Provisions 
          to New and Existing Affected Sources Classified as Large 
          Foundries
Table 4 to Subpart ZZZZZ of Part 63--Compliance Certifications for New 
          and Existing Affected Sources Classified as Large Iron and 
          Steel Foundries

Subpart AAAAAA [Reserved]

Subpart BBBBBB_National Emission Standards for Hazardous Air Pollutants 
for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, 
                         and Pipeline Facilities

                        What This Subpart Covers

63.11080 What is the purpose of this subpart?
63.11081 Am I subject to the requirements in this subpart?
63.11082 What parts of my affected source does this subpart cover?
63.11083 When do I have to comply with this subpart?

              Emission Limitations and Management Practices

63.11085 What are my general duties to minimize emissions?
63.11086 What requirements must I meet if my facility is a bulk gasoline 
          plant?
63.11087 What requirements must I meet for gasoline storage tanks if my 
          facility is a bulk gasoline terminal, pipeline breakout 
          station, or pipeline pumping station?
63.11088 What requirements must I meet for gasoline loading racks if my 
          facility is a bulk gasoline terminal, pipeline breakout 
          station, or pipeline pumping station?
63.11089 What requirements must I meet for equipment leak inspections if 
          my facility is a bulk gasoline terminal, pipeline breakout 
          station, or pipeline pumping station?

                   Testing and Monitoring Requirements

63.11092 What testing and monitoring requirements must I meet?

                   Notification, Records, and Reports

63.11093 What notifications must I submit and when?
63.11094 What are my recordkeeping requirements?
63.11095 What are my reporting requirements?

                   Other Requirements and Information

63.11098 What parts of the General Provisions apply to me?
63.11099 Who implements and enforces this subpart?
63.11100 What definitions apply to this subpart?

Table 1 to Subpart BBBBBB of Part 63--Applicability Criteria, Emission 
          Limits, and Management Practices for Storage Tanks
Table 2 to Subpart BBBBBB of Part 63--Applicability Criteria, Emission 
          Limits, and Management Practices for Loading Racks
Table 3 to Subpart BBBBBB of Part 63--Applicability of General 
          Provisions

Subpart CCCCCC_National Emission Standards for Hazardous Air Pollutants 
           for Source Category: Gasoline Dispensing Facilities

                        What This Subpart Covers

63.11110 What is the purpose of this subpart?
63.11111 Am I subject to the requirements in this subpart?
63.11112 What parts of my affected source does this subpart cover?
63.11113 When do I have to comply with this subpart?

              Emission Limitations and Management Practices

63.11115 What are my general duties to minimize emissions?
63.11116 Requirements for facilities with monthly throughput of less 
          than 10,000 gallons of gasoline.
63.11117 Requirements for facilities with monthly throughput of 10,000 
          gallons of gasoline or more.
63.11118 Requirements for facilities with monthly throughput of 100,000 
          gallons of gasoline or more.

                   Testing and Monitoring Requirements

63.11120 What testing and monitoring requirements must I meet?

[[Page 12]]

                   Notification, Records, and Reports

63.11124 What notifications must I submit and when?
63.11125 What are my recordkeeping requirements?
63.11126 What are my reporting requirements?

                   Other Requirements and Information

63.11130 What parts of the General Provisions apply to me?
63.11131 Who implements and enforces this subpart?
63.11132 What definitions apply to this subpart?

Table 1 to Subpart CCCCCC of Part 63--Applicability Criteria and 
          Management Practices for Gasoline Dispensing Facilities with 
          Monthly Throughput of 100,000 Gallons of Gasoline or More
Table 2 to Subpart CCCCCC of Part 63--Applicability Criteria and 
          Management Practices for Gasoline Cargo Tanks Unloading at 
          Gasoline Dispensing Facilities with Monthly Throughput of 
          100,000 Gallons of Gasoline or More
Table 3 to Subpart CCCCCC of Part 63--Applicability of General 
          Provisions

Subpart DDDDDD_National Emission Standards for Hazardous Air Pollutants 
      for Polyvinyl Chloride and Copolymers Production Area Sources

                   Applicability and Compliance Dates

63.11140 Am I subject to this subpart?
63.11141 What are my compliance dates?

                  Standards and Compliance Requirements

63.11142 What are the standards and compliance requirements for new and 
          existing sources?

                   Other Requirements and Information

63.11143 What General Provisions apply to this subpart?
63.11144 What definitions apply to this subpart?
63.11145 Who implements and enforces this subpart?

Table 1 to Subpart DDDDDD of Part 63--Emission Limits and Standards for 
          Existing Affected Sources
Table 2 to Subpart DDDDDD of Part 63--Emission Limits and Standards for 
          New Affected Sources

Subpart EEEEEE_National Emission Standards for Hazardous Air Pollutants 
                for Primary Copper Smelting Area Sources

                   Applicability and Compliance Dates

63.11146 What are the applicability provisions and compliance dates?

                  Standards and Compliance Requirements

63.11147 What are the standards and compliance requirements for existing 
          sources not using batch copper converters?
63.11148 What are the standards and compliance requirements for existing 
          sources using batch copper converters?
63.11149 What are the standards and compliance requirements for new 
          sources?

                   Other Requirements and Information

63.11150 What General Provisions apply to this subpart?
63.11151 What definitions apply to this subpart?
63.11152 Who implements and enforces this subpart?

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

Subpart FFFFFF_National Emission Standards for Hazardous Air Pollutants 
               for Secondary Copper Smelting Area Sources

                   Applicability and Compliance Dates

63.11153 Am I subject to this subpart?
63.11154 What are my compliance dates?

                  Standards and Compliance Requirements

63.11155 What are the standards and compliance requirements for new 
          sources?
63.11156 [Reserved]

                   Other Requirements and Information

63.11157 What General Provisions apply to this subpart?
63.11158 What definitions apply to this subpart?
63.11159 Who implements and enforces this subpart?

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

Subpart GGGGGG_National Emission Standards for Hazardous Air Pollutants 
 for Primary Nonferrous Metals Area Sources_Zinc, Cadmium, and Beryllium

                   Applicability and Compliance Dates

63.11160 Am I subject to this subpart?

[[Page 13]]

63.11161 What are my compliance dates?

                   Primary Zinc Production Facilities

63.11162 What are the standards and compliance requirements for existing 
          sources?
63.11163 What are the standards and compliance requirements for new 
          sources?
63.11164 What General Provisions apply to primary zinc production 
          facilities?

                 Primary Beryllium Production Facilities

63.11165 What are the standards and compliance requirements for new and 
          existing sources?
63.11166 What General Provisions apply to primary beryllium production 
          facilities?

                   Other Requirements and Information

63.11167 What definitions apply to this subpart?
63.11168 Who implements and enforces this subpart?

Table 1 to Subpart GGGGGG of Part 63--Applicability of General 
          Provisions to Primary Zinc Production Area Sources

Subpart HHHHHH_National Emission Standards for Hazardous Air Pollutants: 
  Paint Stripping and Miscellaneous Surface Coating Operations at Area 
                                 Sources

                        What This Subpart Covers

63.11169 What is the purpose of this subpart?
63.11170 Am I subject to this subpart?
63.11171 How do I know if my source is considered a new source or an 
          existing source?

                     General Compliance Requirements

63.11172 When do I have to comply with this subpart?
63.11173 What are my general requirements for complying with this 
          subpart?
63.11174 What parts of the General Provisions apply to me?

                   Notifications, Reports, and Records

63.11175 What notifications must I submit?
63.11176 What reports must I submit?
63.11177 What records must I keep?
63.11178 In what form and for how long must I keep my records?

                   Other Requirements and Information

63.11179 Who implements and enforces this subpart?
63.11180 What definitions do I need to know?

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

Subpart IIIIII [Reserved]

Subpart JJJJJJ_National Emission Standards for Hazardous Air Pollutants 
   for Industrial, Commercial, and Institutional Boilers Area Sources

                        What This Subpart Covers

63.11193 Am I subject to this subpart?
63.11194 What is the affected source of this subpart?
63.11195 Are any boilers not subject to this subpart?
63.11196 What are my compliance dates?

 Emission Limits, Work Practice Standards, Emission Reduction Measures, 
                        and Management Practices

63.11200 What are the subcategories of boilers?
63.11201 What standards must I meet?

                     General Compliance Requirements

63.11205 What are my general requirements for complying with this 
          subpart?

                     Initial Compliance Requirements

63.11210 What are my initial compliance requirements and by what date 
          must I conduct them?
63.11211 How do I demonstrate initial compliance with the emission 
          limits?
63.11212 What stack tests and procedures must I use for the performance 
          tests?
63.11213 What fuel analyses and procedures must I use for the 
          performance tests?
63.11214 How do I demonstrate initial compliance with the work practice 
          standard, emission reduction measures, and management 
          practice?

                   Continuous Compliance Requirements

63.11220 When must I conduct subsequent performance tests or fuel 
          analyses?
63.11221 Is there a minimum amount of monitoring data I must obtain?
63.11222 How do I demonstrate continuous compliance with the emission 
          limits?
63.11223 How do I demonstrate continuous compliance with the work 
          practice and management practice standards?
63.11224 What are my monitoring, installation, operation, and 
          maintenance requirements?
63.11225 What are my notification, reporting, and recordkeeping 
          requirements?
63.11226 Affirmative defense for violation of emission standards during 
          malfunction.

                   Other Requirements and Information

63.11235 What parts of the General Provisions apply to me?
63.11236 Who implements and enforces this subpart?

[[Page 14]]

63.11237 What definitions apply to this subpart?

Table 1 to Subpart JJJJJJ of Part 63--Emission Limits
Table 2 to Subpart JJJJJJ of Part 63--Work Practice Standards, Emission 
          Reduction Measures, and Management Practices
Table 3 to Subpart JJJJJJ of Part 63--Operating Limits for Boilers With 
          Emission Limits
Table 4 to Subpart JJJJJJ of Part 63--Performance (Stack) Testing 
          Requirements
Table 5 to Subpart JJJJJJ of Part 63--Fuel Analysis Requirements
Table 6 to Subpart JJJJJJ of Part 63--Establishing Operating Limit
Table 7 to Subpart JJJJJJ of Part 63--Demonstrating Continuous 
          Compliance
Table 8 to Subpart JJJJJJ of Part 63--Applicability of General 
          Provisions to Subpart JJJJJJ

Subpart KKKKKK [Reserved]

Subpart LLLLLL_National Emission Standards for Hazardous Air Pollutants 
        for Acrylic and Modacrylic Fibers Production Area Sources

                   Applicability and Compliance Dates

63.11393 Am I subject to this subpart?
63.11394 What are my compliance dates?

                  Standards and Compliance Requirements

63.11395 What are the standards and compliance requirements for existing 
          sources?
63.11396 What are the standards and compliance requirements for new 
          sources?

                   Other Requirements and Information

63.11397 What General Provisions apply to this subpart?
63.11398 What definitions apply to this subpart?
63.11399 Who implements and enforces this subpart?

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

Subpart MMMMMM_National Emission Standards for Hazardous Air Pollutants 
                for Carbon Black Production Area Sources

                   Applicability and Compliance Dates

63.11400 Am I subject to this subpart?
63.11401 What are my compliance dates?

                  Standards and Compliance Requirements

63.11402 What are the standards and compliance requirements for new and 
          existing sources?
63.11403 [Reserved]

                   Other Requirements and Information

63.11404 What General Provisions apply to this subpart?
63.11405 What definitions apply to this subpart?
63.11406 Who implements and enforces this subpart?

Subpart NNNNNN_National Emission Standards for Hazardous Air Pollutants 
       for Chemical Manufacturing Area Sources: Chromium Compounds

                   Applicability and Compliance Dates

63.11407 Am I subject to this subpart?
63.11408 What are my compliance dates?

                  Standards and Compliance Requirements

63.11409 What are the standards?
63.11410 What are the compliance requirements?

                   Other Requirements and Information

63.11411 What General Provisions apply to this subpart?
63.11412 What definitions apply to this subpart?
63.11413 Who implements and enforces this subpart?

Table 1 to Subpart NNNNNN of Part 63--HAP Emissions Units
Table 2 to Subpart NNNNNN of Part 63--Applicability of General 
          Provisions to Subpart NNNNNN

Subpart OOOOOO_National Emission Standards for Hazardous Air Pollutants 
 for Flexible Polyurethane Foam Production and Fabrication Area Sources

                   Applicability and Compliance Dates

63.11414 Am I subject to this subpart?
63.11415 What are my compliance dates?

                  Standards and Compliance Requirements

63.11416 What are the standards for new and existing sources?
63.11417 What are the compliance requirements for new and existing 
          sources?

                   Other Requirements and Information

63.11418 What General Provisions apply to this subpart?
63.11419 What definitions apply to this subpart?
63.11420 Who implements and enforces this subpart?

[[Page 15]]


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

Subpart PPPPPP_National Emission Standards for Hazardous Air Pollutants 
            for Lead Acid Battery Manufacturing Area Sources

                   Applicability and Compliance Dates

63.11421 Am I subject to this subpart?
63.11422 What are my compliance dates?

                  Standards and Compliance Requirements

63.11423 What are the standards and compliance requirements for new and 
          existing sources?
63.11424 [Reserved]

                   Other Requirements and Information

63.11425 What General Provisions apply to this subpart?
63.11426 What definitions apply to this subpart?
63.11427 Who implements and enforces this subpart?

Table 1 to Subpart PPPPPPP of Part 63--Applicability of General 
          Provisions to Subpart PPPPPP

Subpart QQQQQQ_National Emission Standards for Hazardous Air Pollutants 
                    for Wood Preserving Area Sources

                   Applicability and Compliance Dates

63.11428 Am I subject to this subpart?
63.11429 What are my compliance dates?

                                Standards

63.11430 What are the standards?
63.11431 [Reserved]

                   Other Requirements and Information

63.11432 What General Provisions apply to this subpart?
63.11433 What definitions apply to this subpart?
63.11434 Who implements and enforces this subpart?

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

Subpart RRRRRR_National Emission Standards for Hazardous Air Pollutants 
              for Clay Ceramics Manufacturing Area Sources

                   Applicability and Compliance Dates

63.11435 Am I subject to this subpart?
63.11436 What parts of my plant does this subpart cover?
63.11437 What are my compliance dates?

           Standards, Compliance, and Monitoring Requirements

63.11438 What are the standards for new and existing sources?
63.11439 What are the initial compliance demonstration requirements for 
          new and existing sources?
63.11440 What are the monitoring requirements for new and existing 
          sources?
63.11441 What are the notification requirements?
63.11442 What are the recordkeeping requirements?

                   Other Requirements and Information

63.11443 What General Provisions apply to this subpart?
63.11444 What definitions apply to this subpart?
63.11445 Who implements and enforces this subpart?
63.11446-63.11447 [Reserved]

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

Subpart SSSSSS_National Emission Standards for Hazardous Air Pollutants 
                  for Glass Manufacturing Area Sources

                   Applicability and Compliance Dates

63.11448 Am I subject to this subpart?
63.11449 What parts of my plant does this subpart cover?
63.11450 What are my compliance dates?

           Standards, Compliance, and Monitoring Requirements

63.11451 What are the standards for new and existing sources?
63.11452 What are the performance test requirements for new and existing 
          sources?
63.11453 What are the initial compliance demonstration requirements for 
          new and existing sources?
63.11454 What are the monitoring requirements for new and existing 
          sources?
63.11455 What are the continuous compliance requirements for new and 
          existing sources?

                        Notifications and Records

63.11456 What are the notification requirements?
63.11457 What are the recordkeeping requirements?

                   Other Requirements and Information

63.11458 What General Provisions apply to this subpart?
63.11459 What definitions apply to this subpart?
63.11460 Who implements and enforces this subpart?
63.11461 [Reserved]

[[Page 16]]


Table 1 to Subpart SSSSSS of Part 63--Emission Limits
Table 2 to Subpart SSSSSS of Part 63--Applicability of General 
          Provisions to Subpart SSSSSS

Subpart TTTTTT_National Emission Standards for Hazardous Air Pollutants 
         for Secondary Nonferrous Metals Processing Area Sources

                   Applicability and Compliance Dates

63.11462 Am I subject to this subpart?
63.11463 What parts of my plant does this subpart cover?
63.11464 What are my compliance dates?

           Standards, Compliance, and Monitoring Requirements

63.11465 What are the standards for new and existing sources?
63.11466 What are the performance test requirements for new and existing 
          sources?
63.11467 What are the initial compliance demonstration requirements for 
          new and existing sources?
63.11468 What are the monitoring requirements for new and existing 
          sources?
63.11469 What are the notification requirements?
63.11470 What are the recordkeeping requirements?

                   Other Requirements and Information

63.11471 What General Provisions apply to this subpart?
63.11472 What definitions apply to this subpart?
63.11473 Who implements and enforces this subpart?
63.11474 [Reserved]

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

Subpart UUUUUU [Reserved]

Subpart VVVVVV_National Emission Standards for Hazardous Air Pollutants 
                 for Chemical Manufacturing Area Sources

                   Applicability and Compliance Dates

63.11494 What are the applicability requirements and compliance dates?

                  Standards and Compliance Requirements

63.11495 What are the management practices and other requirements?
63.11496 What are the standards and compliance requirements for process 
          vents?
63.11497 What are the standards and compliance requirements for storage 
          tanks?
63.11498 What are the standards and compliance requirements for 
          wastewater systems?
63.11499 What are the standards and compliance requirements for heat 
          exchange systems?
63.11500 What compliance options do I have if part of my plant is 
          subject to both this subpart and another Federal standard?
63.11501 What are the notification, recordkeeping, and reporting 
          requirements, and how may I assert an affirmative defense for 
          violation of emission standards during malfunction?

                   Other Requirements and Information

63.11502 What definitions apply to this subpart?
63.11503 Who implements and enforces this subpart?

Table 1 to Subpart VVVVVV of Part 63--Hazardous Air Pollutants Used to 
          Determine Applicability of Chemical Manufacturing Operations
Table 2 to Subpart VVVVVV of Part 63--Emission Limits and Compliance 
          Requirements for Batch Process Vents
Table 3 to Subpart VVVVVV of Part 63--Emission Limits and Compliance 
          Requirements for Continuous Process Vents
Table 4 to Subpart VVVVVV of Part 63--Emission Limits and Compliance 
          Requirements for Metal HAP Process Vents
Table 5 to Subpart VVVVVV of Part 63--Emission Limits and Compliance 
          Requirements for Storage Tanks
Table 6 to Subpart VVVVVV of Part 63--Emission Limits and Compliance 
          Requirements for Wastewater Systems
Table 7 to subpart VVVVVV of Part 63--Partially Soluble HAP
Table 8 to Subpart VVVVVV of Part 63--Emission Limits and Compliance 
          Requirements for Heat Exchange Systems
Table 9 to Subpart VVVVVV of Part 63--Applicability of General 
          Provisions to Subpart VVVVVV

Subpart WWWWWW_National Emission Standards for Hazardous Air Pollutants: 
       Area Source Standards for Plating and Polishing Operations

                   Applicability and Compliance Dates

63.11504 Am I subject to this subpart?
63.11505 What parts of my plant does this subpart cover?
63.11506 What are my compliance dates?

                  Standards and Compliance Requirements

63.11507 What are my standards and management practices?
63.11508 What are my compliance requirements?
63.11509 What are my notification, reporting, and recordkeeping 
          requirements?

[[Page 17]]

                   Other Requirements and Information

63.11510 What General Provisions apply to this subpart?
63.11511 What definitions apply to this subpart?
63.11512 Who implements and enforces this subpart?
63.11513 [Reserved]

Table 1 to Subpart WWWWWW of Part 63--Applicability of General 
          Provisions to Plating and Polishing Area Sources

Subpart XXXXXX_National Emission Standards for Hazardous Air Pollutants 
 Area Source Standards for Nine Metal Fabrication and Finishing Source 
                               Categories

                   Applicability and Compliance Dates

63.11514 Am I subject to this subpart?
63.11515 What are my compliance dates?

                  Standards and Compliance Requirements

63.11516 What are my standards and management practices?
63.11517 What are my monitoring requirements?
63.11518 [Reserved]
63.11519 What are my notification, recordkeeping, and reporting 
          requirements?
63.11520 [Reserved]

                   Other Requirements and Information

63.11521 Who implements and enforces this subpart?
63.11522 What definitions apply to this subpart?
63.11523 What General Provisions apply to this subpart?

Table 1 to Subpart XXXXXX of Part 63--Description of Source Categories 
          Affected by This Subpart
Table 2 to Subpart XXXXXX of Part 63--Applicability of General 
          Provisions to Metal Fabrication or Finishing Area Sources

Subpart YYYYYY_National Emission Standards for Hazardous Air Pollutants 
           for Area Sources: Ferroalloys Production Facilities

                   Applicability and Compliance Dates

63.11524 Am I subject to this subpart?
63.11525 What are my compliance dates?

           Standards, Monitoring, and Compliance Requirements

63.11526 What are the standards for new and existing ferroalloys 
          production facilities?
63.11527 What are the monitoring requirements for new and existing 
          sources?
63.11528 What are the performance test and compliance requirements for 
          new and existing sources?
63.11529 What are the notification, reporting, and recordkeeping 
          requirements?

                   Other Requirements and Information

63.11530 What parts of the General Provisions apply to my facility?
63.11531 Who implements and enforces this subpart?
63.11532 What definitions apply to this subpart?
63.11533-63.11543 [Reserved]

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

Subpart ZZZZZZ_National Emission Standards for Hazardous Air Pollutants: 
    Area Source Standards for Aluminum, Copper, and Other Nonferrous 
                                Foundries

                   Applicability and Compliance Dates

63.11544 Am I subject to this subpart?
63.11545 What are my compliance dates?

                  Standards and Compliance Requirements

63.11550 What are my standards and management practices?
63.11551 What are my initial compliance requirements?
63.11552 What are my monitoring requirements?
63.11553 What are my notification, reporting, and recordkeeping 
          requirements?

                   Other Requirements and Information

63.11555 What General Provisions apply to this subpart?
63.11556 What definitions apply to this subpart?
63.11557 Who implements and enforces this subpart?
63.11558 [Reserved]

Table 1 to Subpart ZZZZZZ of Part 63--Applicability of General 
          Provisions to Aluminum, Copper, and Other Nonferrous Foundries 
          Area Sources

Subpart AAAAAAA_National Emission Standards for Hazardous Air Pollutants 
 for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing

                   Applicability and Compliance Dates

Sec.
63.11559 Am I Subject to this subpart?
63.11560 What are my compliance dates?

                  Standards and Compliance Requirements

63.11561 What are my standards and management practices?

[[Page 18]]

63.11562 What are my initial compliance requirements?
63.11563 What are my monitoring requirements?
63.11564 What are my notification, recordkeeping, and reporting 
          requirements?

                   Other Requirements and Information

63.11565 What general provisions sections apply to this subpart?
63.11566 What definitions apply to this subpart?
63.11567 Who implements and enforces this subpart?

Table 1 to Subpart AAAAAAA of Part 63--Emission Limits for Asphalt 
          Processing (Refining) Operations
Table 2 to Subpart AAAAAAA of Part 63--Emission Limits for Asphalt 
          Roofing Manufacturing (Coating) Operations
Table 3 to Subpart AAAAAAA of Part 63--Test Methods
Table 4 to Subpart AAAAAAA of Part 63--Operating Limits
Table 5 to Subpart AAAAAAA of Part 63--Applicability of General 
          Provisions to Subpart AAAAAAA

Subpart BBBBBBB_National Emission Standards for Hazardous Air Pollutants 
            for Area Sources: Chemical Preparations Industry

                   Applicability and Compliance Dates

63.11579 Am I subject to this subpart?
63.11580 What are my compliance dates?

                  Standards and Compliance Requirements

63.11581 What are my standards?
63.11582 What are my compliance requirements?
63.11583 What are my monitoring requirements?
63.11584 What are my initial and continuous compliance management 
          practice requirements?
63.11585 What are my notification, recordkeeping, and reporting 
          requirements?

                   Other Requirements and Information

63.11586 Who implements and enforces this subpart?
63.11587 What General Provisions sections apply to this subpart?
63.11588 What definitions apply to this subpart?

Table 1 to Subpart BBBBBBB of Part 63--Emission Reduction and PM 
          Concentration Requirements
Table 2 to Subpart BBBBBBB of Part 63--Initial Compliance Demonstration 
          Methods With the Emission Reduction and PM Concentration 
          Requirements in Table 1
Table 3 to Subpart BBBBBBB of Part 63--Test Methods
Table 4 to Subpart BBBBBBB of Part 63--Continuous Compliance 
          Demonstration Methods With the Emission Reduction and PM 
          Concentration Requirements in Table 1
Table 5 to Subpart BBBBBBB of Part 63--Reporting Requirements
Table 6 to Subpart BBBBBBB of Part 63--General Provisions

Subpart CCCCCCC_National Emission Standards for Hazardous Air Pollutants 
       for Area Sources: Paints and Allied Products Manufacturing

                   Applicability and Compliance Dates

63.11599 Am I subject to this subpart?
63.11600 What are my compliance dates?

           Standards, Monitoring, and Compliance Requirements

63.11601 What are the standards for new and existing paints and allied 
          products manufacturing facilities?
63.11602 What are the performance test and compliance requirements for 
          new and existing sources?
63.11603 What are the notification, reporting, and recordkeeping 
          requirements?
63.11604 [Reserved]

                   Other Requirements and Information

63.11605 What General Provisions apply to this subpart?
63.11606 Who implements and enforces this subpart?
63.11607 What definitions apply to this subpart?
63.11608-63.11618 [Reserved]

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

Subpart DDDDDDD_National Emission Standards for Hazardous Air Pollutants 
             for Area Sources: Prepared Feeds Manufacturing

                   Applicability and Compliance Dates

63.11619 Am I subject to this subpart?
63.11620 What are my compliance dates?

           Standards, Monitoring, and Compliance Requirements

63.11621 What are the standards for new and existing prepared feeds 
          manufacturing facilities?
63.11622 What are the monitoring requirements for new and existing 
          sources?
63.11623 What are the testing requirements?
63.11624 What are the notification, reporting, and recordkeeping 
          requirements?

[[Page 19]]

                   Other Requirements and Information

63.11625 What parts of the General Provisions apply to my facility?
63.11626 Who implements and enforces this subpart?
63.11627 What definitions apply to this subpart?
63.11628-63.11638 [Reserved]

Table 1 to Subpart DDDDDDD of Part 63--Applicability of General 
          Provisions to Prepared Feeds Manufacturing Area Sources

     Subpart EEEEEEE_National Emission Standards for Hazardous Air 
Pollutants: Gold Mine Ore Processing and Production Area Source Category

                   Applicability and Compliance Dates

63.11640 Am I subject to this subpart?
63.11641 What are my compliance dates?

                  Standards and Compliance Requirements

63.11645 What are my mercury emission standards?
63.11646 What are my compliance requirements?
63.11647 What are my monitoring requirements?
63.11648 What are my notification, reporting, and recordkeeping 
          requirements?

                   Other Requirements and Information

63.11650 What General Provisions apply to this subpart?
63.11651 What definitions apply to this subpart?
63.11652 Who implements and enforces this subpart?
63.11653 [Reserved]

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

Subparts FFFFFFF-GGGGGGG [Reserved]

Subpart HHHHHHH_National Emission Standards for Hazardous Air Pollutant 
       Emissions for Polyvinyl Chloride and Copolymers Production

                        What This Subpart Covers

63.11860 What is the purpose of this subpart?
63.11865 Am I subject to the requirements in this subpart?
63.11870 What is the affected source of this subpart?
63.11871 What is the relationship to 40 CFR part 61, subpart F?
63.11872 What is the relationship to other subparts in this part?
63.11875 When must I comply with this subpart?

      Emission Limits, Operating Limits and Work Practice Standards

63.11880 What emission limits, operating limits and standards must I 
          meet?

                     General Compliance Requirements

63.11885 What parts of the General Provisions apply to me?
63.11890 What are my additional general requirements for complying with 
          this subpart?
63.11895 How do I assert an affirmative defense for exceedance of 
          emission standard during malfunction?
63.11896 What am I required to do if I make a process change at my 
          affected source?

                   Testing and Compliance Requirements

63.11900 By what date must I conduct initial performance testing and 
          monitoring, establish any applicable operating limits and 
          demonstrate initial compliance with my emission limits and 
          work practice standards?
63.11905 When must I conduct subsequent performance testing and 
          monitoring to demonstrate continuous compliance?
63.11910 What are my initial and continuous compliance requirements for 
          storage vessels?
63.11915 What are my compliance requirements for equipment leaks?
63.11920 What are my initial and continuous compliance requirements for 
          heat exchange systems?
63.11925 What are my initial and continuous compliance requirements for 
          process vents?
63.11930 What requirements must I meet for closed vent systems?
63.11935 What CEMS and CPMS requirements must I meet to demonstrate 
          initial and continuous compliance with the emission standards 
          for process vents?
63.11940 What continuous monitoring requirements must I meet for control 
          devices required to install CPMS to meet the emission limits 
          for process vents?
63.11945 What performance testing requirements must I meet for process 
          vents?
63.11950 What emissions calculations must I use for an emission profile?
63.11955 What are my initial and continuous compliance requirements for 
          other emission sources?
63.11956 What are my compliance requirements for ambient monitoring?
63.11960 What are my initial and continuous compliance requirements for 
          stripped resin?
63.11965 What are my general compliance requirements for wastewater?
63.11970 What are my initial compliance requirements for process 
          wastewater?

[[Page 20]]

63.11975 What are my continuous compliance requirements for process 
          wastewater?
63.11980 What are the test methods and calculation procedures for 
          process wastewater?

                   Notifications, Reports and Records

63.11985 What notifications and reports must I submit and when?
63.11990 What records must I keep?
63.11995 In what form and how long must I keep my records?
63.12000 Who implements and enforces this subpart?

                               Definitions

63.12005 What definitions apply to this subpart?

                  Tables to Subpart HHHHHHH of Part 63

Table 1 to Subpart HHHHHHH of Part 63--Emission Limits and Standards for 
          Existing Affected Sources
Table 2 to Subpart HHHHHHH of Part 63--Emission Limits and Standards for 
          New Affected Sources
Table 3 to Subpart HHHHHHH of Part 63--Summary of Control Requirements 
          for Storage Vessels at New and Existing Sources
Table 4 to Subpart HHHHHHH of Part 63--Applicability of the General 
          Provisions to Part 63
Table 5 to Subpart HHHHHHH of Part 63--Operating Parameters, Operating 
          Limits and Data Monitoring, Recording and Compliance 
          Frequencies for Process Vents
Table 6 to Subpart HHHHHHH of Part 63--Toxic Equivalency Factors
Table 7 to Subpart HHHHHHH of Part 63--Calibration and Accuracy 
          Requirements for Continuous Parameter Monitoring Systems
Table 8 to Subpart HHHHHHH of Part 63--Methods and Procedures for 
          Conducting Performance Tests for Process Vents
Table 9 to Subpart HHHHHHH of Part 63--Procedures for Conducting 
          Sampling of Resin and Process Wastewater
Table 10 to Subpart HHHHHHH of Part 63--HAP Subject to the Stripped 
          Resin and Process Wastewater Provisions at New and Existing 
          Sources
Appendix A to Part 63--Test Methods
Appendix B to Part 63--Sources Defined for Early Reduction Provisions
Appendix C to Part 63--Determination of the Fraction Biodegraded 
          (Fbio) in a Biological Treatment Unit
Appendix D to Part 63--Alternative Validation Procedure for EPA Waste 
          and Wastewater Methods
Appendix E to Part 63--Monitoring Procedure for Nonthoroughly Mixed Open 
          Biological Treatment Systems at Kraft Pulp Mills Under Unsafe 
          Sampling Conditions

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

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



Subpart NNNNN_National Emission Standards for Hazardous Air Pollutants: 
                      Hydrochloric Acid Production

    Source: 68 FR 19090, Apr. 17, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.8980  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) and work practice standards for hazardous air 
pollutants (HAP) emitted from hydrochloric acid (HCl) production. This 
subpart also establishes requirements to demonstrate initial and 
continuous compliance with the emission limitations and work practice 
standards.



Sec.  63.8985  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate an HCl 
production facility that produces a liquid HCl product at a 
concentration of 30 weight percent or greater during its normal 
operations and is located at, or is part of, a major source of HAP. This 
does not include HCl production facilities that only produce 
occasionally liquid HCl product at a concentration of 30 weight percent 
or greater.
    (1) An HCl production facility is the collection of unit operations 
and equipment associated with the production of liquid HCl product. The 
HCl production facility begins at the point where a gaseous stream 
containing HCl enters the HCl production unit. The HCl production 
facility includes all HCl storage tanks that contain liquid HCl product 
that is produced in the HCl production unit, with the exceptions noted 
in paragraph (a)(2) of this section. The HCl production facility also 
includes all HCl transfer operations that load

[[Page 21]]

HCl product produced in the HCl production unit into a tank truck, rail 
car, ship, or barge, along with the piping and other equipment in HCl 
service used to transfer liquid HCl product from the HCl production unit 
to the HCl storage tanks and/or HCl transfer operations. The HCl 
production facility ends at the point that the liquid HCl product 
produced in the HCl production unit is loaded into a tank truck, rail 
car, ship, or barge, at the point the HCl product enters another process 
on the plant site, or at the point the HCl product leaves the plant site 
via pipeline.
    (2) Storage tanks that are dedicated feedstock tanks for another 
process and storage tanks that store HCl dedicated for use in wastewater 
treatment are not considered part of an HCl production facility.
    (3) A major source of HAP emissions is any stationary source or 
group of stationary sources within a contiguous area under common 
control that emits or has the potential to emit any single HAP at a rate 
of 9.07 megagrams (10 tons) or more per year or any combination of HAP 
at a rate of 22.68 megagrams (25 tons) or more per year.
    (b) An HCl production facility is not subject to this subpart if it 
is also subject to NESHAP under one of the subparts listed in paragraphs 
(b)(1) through (5) of this section.
    (1) 40 CFR part 63, subpart S, National Emission Standards for 
Hazardous Air Pollutants from the Pulp and Paper Industry.
    (2) 40 CFR part 63, subpart CCC, National Emission Standards for 
Hazardous Air Pollutants for Steel Pickling--HCl Process Facilities and 
Hydrochloric Acid Regeneration Plants.
    (3) 40 CFR part 63, subpart MMM, National Emission Standards for 
Hazardous Air Pollutants for Pesticide Active Ingredient Production.
    (4) 40 CFR part 63, section 63.994, subpart SS, National Emission 
Standards for Closed Vent Systems, Control Devices, Recovery Devices and 
Routing to a Fuel Gas System or a Process.
    (5) 40 CFR part 63, subpart GGG, National Emission Standards for 
Pharmaceuticals Production.
    (c) An HCl production facility is not subject to this subpart if it 
is located following the incineration of chlorinated waste gas streams, 
waste liquids, or solid wastes, and the emissions from the HCl 
production facility are subject to section 63.113(c), 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.
    (d) An HCl production facility is not subject to this subpart if it 
produces HCl through the direct synthesis of hydrogen and chlorine and 
is part of a chlor-alkali facility.
    (e) An HCl production facility is not subject to this subpart if it 
is a research and development facility.
    (f) An HCl production facility is not subject to this subpart if all 
of the gaseous streams containing HCl and chlorine (Cl2) from 
HCl process vents, HCl storage tanks, and HCl transfer operations are 
recycled or routed to another process prior to being discharged to the 
atmosphere.

[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17745, Apr. 7, 2006]



Sec.  63.8990  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
affected source at an HCl production facility.
    (b) The affected source is the group of one or more HCl production 
facilities at a plant site that are subject to this subpart, and all 
associated wastewater operations, which contain the collection of 
emission streams listed in paragraphs (b)(1) through (5) of this 
section.
    (1) Each emission stream from an HCl process vent.
    (2) Each emission stream from an HCl storage tank.
    (3) Each emission stream from an HCl transfer operation.
    (4) Each emission stream resulting from leaks from equipment in HCl 
service.
    (5) Each emission stream from HCl wastewater operations. There are 
no emission limitations or other requirements in this subpart that apply 
to HCl wastewater operations.
    (c) An affected source is a new affected source if you commenced 
construction of the affected source after

[[Page 22]]

September 18, 2001 and you met the applicability criteria ofSec. 
63.8985 at the time you commenced construction.
    (d) An affected source is reconstructed if you meet the criteria as 
defined inSec. 63.2.
    (e) An affected source is existing if it is not new or 
reconstructed.

[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17745, Apr. 7, 2006]



Sec.  63.8995  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to paragraphs (a)(1) or (2) of this 
section.
    (1) If you start up your affected source before April 17, 2003, you 
must comply with the emission limitations and work practice standards in 
this subpart no later than April 17, 2003.
    (2) If you start up your affected source after April 17, 2003, you 
must comply with the emission limitations and work practice standards in 
this subpart upon startup of your affected source.
    (b) If you have an existing affected source, you must comply with 
the emission limitations and work practice standards no later than 3 
years after April 17, 2003.
    (c) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP, the 
provisions in paragraphs (c)(1) and (2) of this section apply.
    (1) Any portion of the existing facility that is a new affected 
source or a new reconstructed source must be in compliance with this 
subpart upon startup.
    (2) All other parts of the source must be in compliance with this 
subpart no later than the date 3 years after the area source becomes a 
major source.
    (d) You must meet the notification requirements inSec. 63.9045 
according to the schedule inSec. 63.9045 and in subpart A of this 
part. Some of the notifications must be submitted before you are 
required to comply with the emission limitations in this subpart.

            Emission Limitations and Work Practice Standards



Sec.  63.9000  What emission limitations and work practice standards
must I meet?

    (a) With the exceptions noted in paragraphs (c) and (d) of this 
section, you must meet the applicable emission limit and work practice 
standard in table 1 to this subpart for each emission stream listed 
underSec. 63.8990(b)(1) through (4) that is part of your affected 
source.
    (b) With the exceptions noted in paragraph (c) of this section, you 
must meet the applicable operating limit in Table 2 to this subpart for 
each emission stream listed underSec. 63.8990(b)(1) through (3) that 
is part of your affected source.
    (c) The emission streams listed in paragraphs (c)(1) through (4) of 
this section are exempt from the emission limitations, work practice 
standards, and all other requirements of this subpart.
    (1) Emission streams from HCl storage tanks that never store liquid 
HCl product with a concentration of 30 weight percent or greater.
    (2) Emission streams from HCl transfer operations that never load 
liquid HCl product with a concentration of 30 weight percent or greater.
    (3) Emission streams from HCl wastewater operations.
    (4) Emission streams from HCl process vents, HCl storage tanks, and 
HCl transfer operations that are also subject to 40 CFR part 63, subpart 
EEE, National Emission Standards for Hazardous Air Pollutants for 
Hazardous Waste Combustors, or 40 CFR 266.107, subpart H, Burning of 
Hazardous Waste in Boilers and Industrial Furnaces.
    (d) The emission limits for HCl storage tanks in table 1 to this 
subpart do not apply during periods of planned routine maintenance of 
HCl storage tank control devices. Periods of planned routine maintenance 
of each HCl storage tank control device, during which the control device 
does not meet the emission limits specified in table 1 to this subpart, 
shall not exceed 240 hours per year.

[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17745, Apr. 7, 2006]

[[Page 23]]

                     General Compliance Requirements



Sec.  63.9005  What are my general requirements for complying with
this subpart?

    (a) You must be in compliance with the emission limitations and work 
practice standards in this subpart at all times, except during periods 
of startup, shutdown, and malfunction.
    (b) You must always operate and maintain your affected source, 
including air pollution control and monitoring equipment, according to 
the provisions inSec. 63.6(e)(1)(i).
    (c) You must develop a written startup, shutdown, and malfunction 
plan according to the provisions inSec. 63.6(e)(3).
    (d) 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. For each 
monitoring system required in this section, you must develop, implement, 
and submit to the Administrator a site-specific monitoring plan that 
addresses the installation requirements in paragraphs (d)(1) through (3) 
of this section, the ongoing procedures in paragraphs (d)(4) through (6) 
of this section, and the requirements inSec. 63.9025, as applicable. 
You must submit the plan with your Notification of Compliance Status. 
Upon request of the Administrator, you must promptly correct any 
deficiencies in a site-specific monitoring plan and submit the revised 
plan.
    (1) Installation of the continuous monitoring system (CMS) sampling 
probe or other interface at a measurement location relative to each 
affected process unit such that the measurement is representative of 
control of the exhaust emissions (e.g., on or downstream of the last 
control device).
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction system.
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations).
    (4) Ongoing operation and maintenance (O&M) procedures in accordance 
with the general requirements of Sec.Sec. 63.8(c)(1), (3), (4)(ii), 
(7), and (8), and 63.9025.
    (5) Ongoing data quality assurance procedures in accordance with the 
general requirements ofSec. 63.8(d).
    (6) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements ofSec. 63.10(c) and (e)(1) and (2)(i).

[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 20470, Apr. 20, 2006]

               Testing and Initial Compliance Requirements



Sec.  63.9010  By what date must I conduct performance tests?

    (a) If you have a new or reconstructed affected source, you must 
conduct performance tests within 180 calendar days after the compliance 
date that is specified for your source inSec. 63.8995(a) and according 
to the provisions inSec. 63.7(a)(2).
    (b) If you have an existing affected source, you must conduct 
performance tests within 180 calendar days after the compliance date 
that is specified for your existing affected source inSec. 63.8995(b) 
and according to the provisions inSec. 63.7(a)(2).
    (c) If you commenced construction or reconstruction between 
September 18, 2001 and April 17, 2003, you must demonstrate initial 
compliance with either the proposed emission limitation or the 
promulgated emission limitation no later than 180 calendar days after 
April 17, 2003 or within 180 calendar days after startup of the source, 
whichever is later, according toSec. 63.7(a)(2)(ix).



Sec.  63.9015  When must I conduct subsequent performance tests?

    (a) You must conduct all applicable performance tests according to 
the procedures inSec. 63.9020 on the earlier of your title V operating 
permit renewal or within 5 years of issuance of your title V permit. For 
emission points meeting the outlet concentration limits in table 1 to 
this subpart without the use of a control device, all applicable 
performance tests must also be conducted whenever process changes are 
made that could reasonably be expected to increase the outlet 
concentration. Examples of process

[[Page 24]]

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 and 
unintentional, temporary process changes.
    (b) You must report the results of subsequent performance tests 
within 60 days after the completion of the test. This report should also 
verify that the operating limits for your affected source have not 
changed or provide documentation of revised operating limits established 
as specified in Table 2 to this subpart. The reports for all subsequent 
performance tests should include all applicable information required in 
Sec.  63.9050.

[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17745, Apr. 7, 2006]



Sec.  63.9020  What performance tests and other procedures must I use?

    (a) You must conduct each performance test in Table 3 to this 
subpart that applies to you as directed in paragraphs (a)(1) through (4) 
of this section, except as noted in paragraphs (b) and (c) of this 
section.
    (1) You must develop a site-specific test plan according toSec. 
63.7(c)(2) and conduct each performance test according to the site-
specific test plan.
    (2) You must conduct each performance test under representative 
conditions according to the requirements inSec. 63.7(e)(1) and under 
the specific conditions that this subpart specifies in Table 3.
    (3) You may not conduct performance tests during periods of startup, 
shutdown, or malfunction, as specified inSec. 63.7(e)(1).
    (4) You must conduct at least three separate test runs for each 
performance test required in this section, as specified inSec. 
63.7(e)(3). Each test run must last at least 1 hour.
    (b) If you are complying with a percent reduction emission 
limitation, you must determine the percent reduction in accordance with 
paragraphs (b)(1) and (2) of this section.
    (1) Calculate the mass rate of either HCl or chlorine using 
Equations 1 and 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR17AP03.000

where:

Ci, Co = Concentration of HCl or Cl2 in 
          the gas stream at the inlet and outlet of the control 
          device(s), respectively, dry basis, parts per million by 
          volume.
Ei, Eo = Mass rate of HCl or Cl2 at the 
          inlet and outlet of the control device(s), respectively, dry 
          basis, kilogram per hour.
Mi, Mo = Molecular weight of HCl or Cl2 
          at the inlet and outlet of the control device(s), 
          respectively, gram/gram-mole.
Qi, Qo = Flow rate of gas stream at the inlet and 
          outlet of the control device(s), 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.

    (2) Calculate the percent reduction of HCl or Cl2 using 
Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR17AP03.001

where:

R = Control efficiency of control device(s).
Ei = Mass rate of HCl or Cl2 to the inlet to the 
          control device(s), kilograms per hour.
Eo = Mass rate of HCl or Cl2 at the outlet of the 
          control device(s), kilograms per hour.

    (c) You may prepare a design evaluation in lieu of conducting a 
performance test for HCl storage tanks and HCl transfer operations that 
are not routed to a control device that also controls HCl process vent 
emissions or any other continuous vent stream. The design evaluation 
shall include documentation demonstrating that the control technique 
being used achieves the required control efficiency when a liquid HCl 
product with a concentration of 30 weight percent or greater is being 
loaded into the storage tank, or a tank truck, rail car, ship, or barge.
    (1) If you use a caustic scrubber control device or a water scrubber 
control device, the design evaluation shall address the vent stream 
composition, constituent concentrations, liquid-to-vapor ratio, 
scrubbing liquid flow rate and concentration, temperature, and

[[Page 25]]

the reaction kinetics of the constituents with the scrubbing liquid. The 
design evaluation shall establish the design exhaust vent concentration 
level and shall include the additional information in paragraphs 
(c)(1)(i) and (ii) of this section for trays and a packed column 
scrubber.
    (i) Type and total number of theoretical and actual trays.
    (ii) Type and total surface area of packing for entire column and 
for individual packed sections, if the column contains more than one 
packed section.
    (2) If you use any other control device, the design evaluation shall 
address the composition and HAP concentration of the vent stream 
immediately preceding the control device, as well as other parameters 
necessary to demonstrate that the control technique being used achieves 
the required control efficiency when a liquid HCl product with a 
concentration of 30 weight percent or greater is being loaded into the 
storage tank, or a tank truck, rail car, ship, or barge.
    (d) You are not required to conduct a performance test for an 
emission point for which a performance test was conducted within the 
previous 5-year period, using the same test methods specified in this 
section and for which either no deliberate 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. The operating limits 
reported under the previous performance test shall be sufficient to meet 
the monitoring requirements in this subpart.
    (e) You must establish all operating limits with which you will 
demonstrate continuous compliance with the applicable emission limits in 
Table 1 to this subpart as described in paragraphs (e)(1) through (3) of 
this section.
    (1) If you use a caustic scrubber control device or water scrubber 
control device and you conduct a performance test, you must establish 
operating limits according to paragraphs (e)(1)(i) and (ii) of this 
section. If a series of control devices are used, you must establish 
separate operating limits for each device.
    (i) You must establish the minimum value as the operating limit for 
scrubber inlet liquid or recirculating liquid flow rate, as appropriate. 
The minimum value shall be based on the scrubber inlet liquid or 
recirculating liquid flow rate, as appropriate, values measured during 
the performance test.
    (ii) You must establish the minimum and maximum values as the 
operating limits for scrubber effluent pH. The minimum and maximum 
values shall be based on the scrubber effluent pH values measured during 
the performance test.
    (2) If you use any other control device and you conduct a 
performance test, you must establish operating limits according to your 
site-specific test plan submitted in accordance withSec. 
63.7(c)(2)(i). The operating limits shall be based on the operating 
parameter values measured during the performance test. If a series of 
control devices are used, you must establish separate operating limits 
for each device.
    (3) If you do not conduct a performance test for a HCl storage tank 
or HCl transfer operation, you must use engineering assessments and/or 
manufacturer's recommendations to establish the operating limits 
specified in paragraphs (e)(1)(i) and (ii), or (e)(2), of this section.
    (4) As needed in applicability determinations, you must use ASTM 
E224 to determine the HCl concentration in liquid products.



Sec.  63.9025  What are my monitoring installation, operation, 
and maintenance requirements?

    (a) For each operating parameter that you are required bySec. 
63.9020(e) to monitor, you must install, operate, and maintain each CMS 
according to the requirements in paragraphs (a)(1) through (6) of this 
section.
    (1) You must operate your CMS and collect data at all times the 
process is operating.
    (2) You must collect data from at least four equally spaced periods 
each hour.
    (3) For at least 75 percent of the operating hours in a 24-hour 
period, you must have valid data (as defined in your site-specific 
monitoring plan) for

[[Page 26]]

at least 4 equally spaced periods each hour.
    (4) For each hour that you have valid data from at least four 
equally spaced periods, you must calculate the hourly average value 
using all valid data or, where data are collected from an automated CMS, 
using at least one measured value per minute if measured more frequently 
than once per minute.
    (5) You must calculate the daily average using all of the hourly 
averages calculated according to paragraph (a)(4) of this section for 
the 24-hour period.
    (6) You must record the results for each inspection, calibration, 
and validation check as specified in your site-specific monitoring plan.
    (b) For scrubber control devices, you may request approval, in 
accordance withSec. 63.8(f), to monitor parameters other than those 
specified inSec. 63.9020(e). In accordance withSec. 63.8(f), you 
must submit a monitoring plan to the Administrator and the plan must 
meet the requirements in paragraphs (a) and (b)(1) through (3) of this 
section. You must conduct monitoring in accordance with the plan 
submitted to the Administrator unless comments received from the 
Administrator require an alternate monitoring scheme.
    (1) Identify the operating parameter to be monitored to ensure that 
the control or capture efficiency measured during the initial compliance 
test is maintained.
    (2) Discuss why this parameter is appropriate for demonstrating 
ongoing compliance.
    (3) Identify the specific monitoring procedures.
    (c) For any other control device, you must ensure that the CMS is 
operated according to a monitoring plan submitted to the Administrator 
as required bySec. 63.8(f). The monitoring plan must meet the 
requirements in paragraphs (a) and (c)(1) through (3) of this section. 
You must conduct monitoring in accordance with the plan submitted to the 
Administrator, as amended, unless comments received from the 
Administrator require an alternate monitoring scheme.
    (1) Identify the operating parameter to be monitored to ensure that 
the control or capture efficiency measured during the initial compliance 
test is maintained.
    (2) Discuss why this parameter is appropriate for demonstrating 
ongoing compliance.
    (3) Identify the specific monitoring procedures.

[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17745, Apr. 7, 2006]



Sec.  63.9030  How do I demonstrate initial compliance with the emission
limitations and work practice standards?

    (a) You must demonstrate initial compliance with each emission limit 
and work practice standard that applies to you according to Table 4 to 
this subpart.
    (b) You must establish each site-specific operating limit in Table 2 
to this subpart that applies to you according to the requirements in 
Sec.  63.9020 and Table 3 to this subpart.
    (c) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements inSec. 63.9045(e).

                   Continuous Compliance Requirements



Sec.  63.9035  How do I monitor and collect data to demonstrate
continuous compliance?

    (a) You must monitor and collect data according to this section.
    (b) If you use a caustic scrubber or a water scrubber/absorber to 
meet the emission limits in Table 1 to this subpart, you must keep the 
records specified in paragraphs (b)(1) and (2) of this section to 
support your compliance demonstration.
    (1) Records of daily average scrubber inlet liquid or recirculating 
liquid flow rate, as appropriate.
    (2) Records of the daily average scrubber effluent pH.
    (c) If you use any other control device to meet the emission limits 
in Table 1 to this subpart, you must keep records of the operating 
parameter values identified in your monitoring plan inSec. 63.9025(c) 
to support your compliance demonstration.
    (d) Except for monitor malfunctions, associated repairs, and 
required quality assurance or control activities (including, as 
applicable, calibration checks

[[Page 27]]

and required zero and span adjustments), you must monitor continuously 
(or collect data at all required intervals) at all times that the 
affected source is operating. This includes periods of startup, 
shutdown, or malfunction when the affected source is operating. A 
monitoring malfunction includes, but is not limited to, any sudden, 
infrequent, not reasonably preventable failure of the monitoring 
equipment to provide valid data. Monitoring failures that are caused in 
part by poor maintenance or careless operation are not malfunctions.
    (e) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
in data averages and calculations used to report emission or operating 
levels, nor may such data be used in fulfilling a minimum data 
availability requirement, if applicable. You must use all the data 
collected during all other periods in assessing the operation of the 
control device and associated control system.



Sec.  63.9040  How do I demonstrate continuous compliance with the 
emission limitations and work practice standards?

    (a) You must demonstrate continuous compliance with each emission 
limit and work practice standard in Table 1 to this subpart that applies 
to you according to Table 4 to this subpart.
    (b) You must demonstrate continuous compliance with each operating 
limit in Table 2 of this subpart that applies to you according to Tables 
4 and 5 to this subpart.
    (c) You must report each instance in which you did not meet an 
emission limit, work practice standard or operating limit in Table 1 or 
2 to this subpart, respectively, that applies to you. This includes 
periods of startup, shutdown, and malfunction. These instances are 
deviations from the emission limitations in this subpart. These 
deviations must be reported according to the requirements inSec. 
63.9050.
    (d) [Reserved]
    (e) Consistent with Sec.Sec. 63.6(e) and 63.7(e)(1), deviations 
that occur during a period of startup, shutdown, or malfunction are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance withSec. 63.6(e)(1). The 
Administrator will determine whether deviations that occur during a 
period of startup, shutdown, or malfunction are violations, according to 
the provisions inSec. 63.6(e).

[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 20470, Apr. 20, 2006]

                   Notifications, Reports, and Records



Sec.  63.9045  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec.Sec. 63.7(b) 
and (c), 63.8(f)(4) and (6), and 63.9 (b) through (h) that apply to you 
by the dates specified.
    (b) As specified inSec. 63.9(b)(2), if you start up your affected 
source before April 17, 2003, you must submit an Initial Notification 
not later than 120 calendar days after April 17, 2003.
    (c) As specified inSec. 63.9(b)(4), if you start up your new or 
reconstructed affected source on or after April 17, 2003, you must 
submit the application for construction or reconstruction required by 
Sec.  63.9(b)(1)(iii) in lieu of the initial notification.
    (d) You must submit a notification of intent to conduct a 
performance test at least 60 calendar days before the performance test 
is scheduled to begin, as required inSec. 63.7(b)(1).
    (e) [Reserved]
    (f) You must submit the Notification of Compliance Status, including 
the performance test results, within 240 calendar days after the 
applicable compliance dates specified inSec. 63.8995.
    (g) The Notification of Compliance Status must also include the 
information in paragraphs (g)(1) through (2) of this section that 
applies to you.
    (1) Each operating parameter value averaged over the full period of 
the performance test (for example, average pH).
    (2) Each operating parameter range within which HAP emissions are 
reduced to the level corresponding to meeting the applicable emission 
limits in Table 1 to this subpart.

[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17745, Apr. 7, 2006]

[[Page 28]]



Sec.  63.9050  What reports must I submit and when?

    (a) You must submit each report in Table 6 to this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports underSec. 63.10(a), you must submit each report 
according to paragraphs (b)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source inSec. 
63.8995 and ending on June 30 or December 31, whichever date is the 
first date following the end of the first calendar half after the 
compliance date that is specified for your source inSec. 63.8995 
(i.e., June 30, 2006, for sources existing on April 17, 2006).
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date follows the end of the 
first calendar half after the compliance date that is specified for your 
affected source inSec. 63.8995 (i.e., July 31, 2006, for sources 
existing on April 17, 2006).
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 71, and if the permitting 
authority has established dates for submitting semiannual reports 
pursuant to 40 CFR 70.6 (a)(3)(iii)(A) or 71.6 (a)(3)(iii)(A), you may 
submit the first and subsequent compliance reports according to the 
dates the permitting authority has established instead of according to 
the dates in paragraphs (b)(1) through (4) of this section.
    (c) The compliance report must contain the following information in 
paragraphs (c)(1) through (10) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown, or malfunction during the 
reporting period and you took actions consistent with your startup, 
shutdown, and malfunction plan, the compliance report must include the 
information inSec. 63.10(d)(5)(i).
    (5) If there are no deviations from any emission limitations that 
apply to you, a statement that there were no deviations from the 
emission limitations during the reporting period.
    (6) If there were no periods during which the CMS was out-of-control 
in accordance with the monitoring plan, a statement that there were no 
periods during which the CMS was out-of-control during the reporting 
period.
    (7) Verification that you continue to use the equipment LDAR plan 
and information that explains any periods when the procedures in the 
plan were not followed and the corrective actions were not taken.
    (8) If you did not make revisions to your site-specific monitoring 
plan and/or LDAR plan during the reporting period, a statement that you 
did not make any revisions to your site-specific monitoring plan and/or 
LDAR plan during the reporting period. If you made revisions to your 
site-specific monitoring plan and/or LDAR plan during the reporting 
period, a copy of the revised plan.
    (9) If you meet the outlet concentration limit in table 1 to this 
subpart without the use of a control device for any emission point, 
verification that you have not made any process changes that could 
reasonably be expected to increase the outlet concentration since your 
most recent performance test for that emission point.
    (10) The information specified in paragraphs (c)(10)(i) and (ii) of 
this section for those planned routine maintenance operations that 
caused or may cause an HCl storage tank control device not to meet the 
emission limits in table 1 to this subpart, as applicable.

[[Page 29]]

    (i) A description of the planned routine maintenance that was 
performed for each HCl storage tank control device during the reporting 
period. This description shall include the type of maintenance performed 
and the total number of hours during the reporting period that the HCl 
storage tank control device did not meet the emission limits in table 1 
to this subpart, as applicable, due to planned routine maintenance.
    (ii) A description of the planned routine maintenance that is 
anticipated to be performed for each HCl storage tank control device 
during the next reporting period. This description shall include the 
type of maintenance necessary, planned frequency of maintenance, and 
lengths of maintenance periods.
    (d) For each deviation from an emission limitation occurring at an 
affected source where you are using a CMS to comply with the emission 
limitation in this subpart, you must include the information in 
paragraphs (c)(1) through (6) of this section and the following 
information in paragraphs (d)(1) through (9) of this section. This 
includes periods of startup, shutdown, and malfunction.
    (1) The date and time that each malfunction started and stopped.
    (2) The date and time that each CMS was inoperative, except for zero 
(low-level) and high-level checks.
    (3) The date, time, and duration that each CMS was out-of-control, 
including the information inSec. 63.8(c)(8).
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period.
    (5) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (7) A summary of the total duration of CMS downtime during the 
reporting period, and the total duration of CMS downtime as a percent of 
the total source operating time during that reporting period.
    (8) A brief description of the process units.
    (9) A description of any changes in CMS, processes, or controls 
since the last reporting period.
    (e) Each affected source that has obtained a title V operating 
permit pursuant to 40 CFR part 70 or 71 must report all deviations as 
defined in this subpart in the semiannual monitoring report required by 
40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A). If an affected source 
submits a compliance report pursuant to Table 6 to this subpart along 
with, or as part of, the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A), and the compliance report 
includes all required information concerning deviations from any 
emission limitation in this subpart, submission of the compliance report 
shall be deemed to satisfy any obligation to report the same deviations 
in the semiannual monitoring report. However, submission of a compliance 
report shall not otherwise affect any obligation the affected source may 
have to report deviations from permit requirements to the permit 
authority.
    (f) For each startup, shutdown, or malfunction during the reporting 
period that is not consistent with your startup, shutdown, and 
malfunction plan you must submit an immediate startup, shutdown and 
malfunction report. Unless the Administrator has approved a different 
schedule for submission of reports underSec. 63.10(a), you must submit 
each report according to paragraphs (f)(1) and (2) of this section.
    (1) An initial report containing a description of the actions taken 
for the event must be submitted by fax or telephone within 2 working 
days after starting actions inconsistent with the plan.
    (2) A follow-up report containing the information listed inSec. 
63.10(d)(5)(ii) must be submitted within 7 working days after the end of 
the event unless you have made alternative reporting arrangements with 
the permitting authority.

[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17745, Apr. 7, 2006]

[[Page 30]]



Sec.  63.9055  What records must I keep?

    (a) You must keep a copy of each notification and report that you 
submitted to comply with this subpart, including all documentation 
supporting any Initial Notification or Notification of Compliance Status 
that you submitted, as required inSec. 63.10(b)(2)(xiv).
    (b) You must also keep the following records specified in paragraphs 
(b)(1) through (5) of this section.
    (1) The records inSec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (2) Records of performance tests as required inSec. 
63.10(b)(2)(viii).
    (3) Records of operating parameter values that are consistent with 
your monitoring plan.
    (4) Records of the date and time that each deviation started and 
stopped and whether the deviation occurred during a period of startup, 
shutdown, or malfunction or during another period.
    (5) Copies of the current versions of the site-specific monitoring 
plan and the equipment LDAR plan. You also must submit copies of these 
plans and any revisions or updates to the Administrator for comment only 
(not for approval).
    (6) Records of the planned routine maintenance performed on each HCl 
storage tank control device including the duration of each time the 
control device does not meet the emission limits in table 1 to this 
subpart, as applicable, due to planned routine maintenance. Such a 
record shall include the information specified in paragraphs (b)(6)(i) 
and (ii) of this section.
    (i) The first time of day and date the emission limits in table 1 to 
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 emission limits in table 1 
to this subpart, as applicable, were met at the conclusion of the 
planned routine maintenance.

[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17746, Apr. 7, 2006]



Sec.  63.9060  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious inspection and review, according toSec. 63.10(b)(1).
    (b) As specified inSec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record on site, or readily accessible from on 
site through a computer or other means, for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according toSec. 63.10(b)(1). You can keep the 
records off site for the remaining 3 years. Records may be maintained in 
hard copy or computer-readable format including, but not limited to, on 
paper, microfilm, hard disk drive, floppy disk, compact disk, magnetic 
tape, or microfiche.
    (d) You must keep each previous (i.e., superseded) version of the 
site-specific monitoring plan and the LDAR plan for a period of 5 years 
after revision of the plan. If, at any time after adoption of a site-
specific monitoring plan or an LDAR plan, your affected source ceases 
operation or is otherwise no longer subject to the provisions of this 
subpart, you must retain a copy of the most recent plan for 5 years from 
the date your source ceases operation or is no longer subject to this 
subpart.

                   Other Requirements and Information



Sec.  63.9065  What parts of the General Provisions apply to me?

    (a) Table 7 to this subpart shows which parts of the General 
Provisions in Sec.Sec. 63.1 through 63.15 apply to you.



Sec.  63.9070  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
EPA, or a delegated authority such as your State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to your 
State, local, or tribal agency, then that agency, as well as U.S. EPA, 
has the authority to implement and enforce this subpart. You should 
contact your U.S. EPA Regional Office to find out if this subpart is 
delegated to your State, local, or tribal agency.

[[Page 31]]

    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under section 40 CFR part 
63, subpart E, the authorities contained in paragraph (c) of this 
section are retained by the Administrator of U.S. EPA and are not 
transferred to the State, local, or tribal agency.
    (c) The authorities in paragraphs (c)(1) through (4) of this section 
that cannot be delegated to State, local, or tribal agencies are as 
follows.
    (1) Approval of alternatives to requirements in Sec.Sec. 63.8980, 
63.8985, 63.8990, 63.8995, and 63.9000.
    (2) Approval of major changes to test methods underSec. 
63.7(e)(2)(ii) and (f) and as defined inSec. 63.90.
    (3) Approval of major changes to monitoring underSec. 63.8(f) and 
as defined inSec. 63.90.
    (4) Approval of major changes to recordkeeping and reporting under 
Sec.  63.10(f) and as defined inSec. 63.90.



Sec.  63.9075  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act in 40 
CFR 63.2 and in this section as follows:
    Caustic scrubber control device means any add-on device that mixes 
an aqueous stream or slurry containing a caustic substance with the 
exhaust gases from an HCl process vent, HCl storage tank, or HCl 
transfer operation to control emissions of HCl and/or Cl2.
    Chlor-alkali facility means a facility where chlorine and sodium or 
potassium hydroxide are produced as co-products and hydrogen is produced 
as a by-product in an electrolytic process using either mercury cells, 
diaphragm cells, or membrane cells.
    Continuous monitoring system, for purposes of the final rule, means 
liquid flow monitoring devices that meet the performance specifications 
given inSec. 63.9025(a); or pH monitoring devices that meet the 
performance specifications given inSec. 63.9025(a); or other control 
devices as mentioned in 63.9025(a) and (b) orSec. 63.9025(a) and (c).
    Control device means an add-on device used to reduce HCl and/or 
Cl2 emissions from an HCl process vent, HCl storage tank, or 
HCl transfer operation at an HCl production facility. An HCl production 
unit is not a control device.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation or work 
practice standard;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Fails to meet any emission limitation or work practice standard 
in this subpart during startup, shutdown, or malfunction, regardless of 
whether or not such failure is permitted by this subpart.
    Emission limitation means any emission limit or operating limit.
    Emission stream means a gaseous stream from an HCl process vent, an 
HCl storage tank, an HCl transfer operation, leaking equipment in HCl 
service, or HCl wastewater operations that is discharged to the 
atmosphere. Gaseous streams from HCl process vents, HCl storage tanks, 
and HCl transfer operations that are routed to another process or 
recycled for reaction or other use (i.e., for pH control) of the HCl 
and/or Cl2 are not emission streams. Gaseous streams from HCl 
transfer operations that are vapor balanced to an HCl storage tank 
subject to this subpart are not emission streams.
    Equipment in HCl service means each pump, compressor, agitator, 
pressure relief device, sampling connection system, open-ended valve or 
line, valve, connector, and instrumentation system in an HCl production 
facility that contains 30 weight percent or greater of liquid HCl or 5 
weight percent or greater of gaseous HCl at any time.
    HCl process vent means the point of discharge to the atmosphere, or 
point of entry into a control device, of a gaseous stream that 
originates from an HCl production unit. The following points of 
discharge are not HCl process vents:

[[Page 32]]

    (1) A leak from equipment in HCl service subject to this subpart.
    (2) An exit from a control device used to comply with this subpart.
    (3) An HCl storage tank vent or HCl transfer operation vent subject 
to this subpart.
    (4) A HCl wastewater operation vent subject to this subpart.
    (5) A point of discharge from a relief valve.
    (6) A point of discharge from an analyzer.
    HCl production facility is defined inSec. 63.8985(a)(1).
    HCl production unit means an absorber or other vessel in which a 
liquid HCl product is manufactured by absorbing gaseous HCl into either 
water or an aqueous HCl solution.
    HCl storage tank means a tank or other vessel that is used to store 
liquid HCl product. Tanks or vessels permanently attached to motor 
vehicles (such as trucks, railcars, barges, or ships) are not HCl 
storage tanks.
    HCl transfer operation means the loading, into a tank truck, 
railcar, ship, or barge, of liquid HCl from a transfer (or loading) rack 
(as defined in this section) for which the predominant use is liquid 
HCl. The predominant use of a transfer (or loading) rack is the material 
that is loaded by the transfer (or loading) rack in the greatest amount.
    HCl wastewater operation means an operation that handles and 
processes water containing HCl that is discarded from an HCl production 
facility.
    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.
    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 close 
supervision of technically trained personnel, and the operations are not 
engaged in the manufacture of products for commercial sale, except in a 
de minimis manner.
    Responsible official means responsible official as defined in 40 CFR 
70.2 of this chapter.
    Transfer (or loading) rack means the collection of loading arms and 
loading hoses, at a single loading rack, that are used to fill tank 
trucks, railcars, ships, and/or barges. Transfer rack includes the 
associated pumps, meters, shutoff valves, relief valves, and other 
piping and valves.
    Vapor balanced means connected to a piping system that is designed 
to collect vapors displaced from tank trucks, rail cars, ships, or 
barges during loading, and to route the collected vapors to the storage 
vessel from which the liquid being loaded originated, or to another 
storage vessel connected by a common header.
    Vent means the point of discharge to the atmosphere or to a control 
device from either an HCl process vent, an HCl storage tank, or an HCl 
transfer operation.
    Water scrubber control device means any add-on device that mixes an 
aqueous stream not containing a caustic substance with the exhaust gases 
from an HCl process vent, HCl storage tank, or HCl transfer operation to 
control emissions of HCl and/or Cl2.

[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17746, Apr. 7, 2006]



   Sec. Table 1 to Subpart NNNNN of Part 63--Emission Limits and Work 
                           Practice Standards

    As stated inSec. 63.9000(a), you must comply with the following 
emission limits and work practice standards for each emission stream 
that is part of an affected source.

------------------------------------------------------------------------
                                         You must meet the following
           For each . . .              emission limit and work practice
                                                   standard
------------------------------------------------------------------------
1. Emission stream from an HCl       a. Reduce HCl emissions by 99
 process vent at an existing source.  percent or greater or achieve an
                                      outlet concentration of 20 ppm by
                                      volume or less; and

[[Page 33]]

 
                                     b. Reduce Cl2 emissions by 99
                                      percent or greater or achieve an
                                      outlet concentration of 100 ppm by
                                      volume or less.
2. Emission stream from an HCl       Reduce HCl emissions by 99 percent
 storge tank at an existing source.   or greater or achieve an outlet
                                      concentration of 120 ppm by volume
                                      or less.
3. Emission stream from an HCl       Reduce HCl emissions by 99 percent
 transfer operation at an existing    or greater or achieve an outlet
 source.                              concentration of 120 ppm by volume
                                      or less.
4. Emission stream from leaking      a. Prepare and operate at all times
 equipment in HCl service at          according to an equipment LDAR
 existing and new sources.            plan that describes in detail the
                                      measures that will be put in place
                                      to detect leaks and repair them in
                                      a timely fashion; and
                                     b. Submit the plan to the
                                      Administrator for comment only
                                      with your Notification of
                                      Compliance Status; and
                                     c. You may incorporate by reference
                                      in such plan existing manuals that
                                      describe the measures in place to
                                      control leaking equipment
                                      emissions required as part of
                                      other federally enforceable
                                      requirements, provided that all
                                      manuals that are incorporated by
                                      reference are submitted to the
                                      Administrator.
5. Emission stream from an HCl       a. Reduce HCl emissions by 99.4
 process vent at a new source.        percent or greater or achieve an
                                      outlet concentration of 12 ppm by
                                      volume or less; and
                                     b. Reduce Cl2 emissions by 99.8
                                      percent or greater or achieve an
                                      outlet concentration of 20 ppm by
                                      volume or less.
6. Emission stream from an HCl       Reduce HCl emissions by 99.9
 storage tank at a new source.        percent or greater or achieve an
                                      outlet concentration of 12 ppm by
                                      volume or less.
7. Emission stream from an HCl       Reduce HCl emissions by 99 percent
 transfer operation at a new source.  or greater or achieve an outlet
                                      concentration of 120 ppm by volume
                                      or less.
------------------------------------------------------------------------


[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17746, Apr. 7, 2006]



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

    As stated inSec. 63.9000(b), you must comply with the following 
operating limits for each emission stream that is part of an affected 
source that is vented to a control device.

------------------------------------------------------------------------
             For each . . .                       You must . . .
------------------------------------------------------------------------
1. Caustic scrubber or water scrubber/   a. Maintain the daily average
 absorber.                                scrubber inlet liquid or
                                          recirculating liquid flow
                                          rate, as appropriate, above
                                          the operating limit; and
                                         b. Maintain the daily average
                                          scrubber effluent pH within
                                          the operating limits; or
                                         c. Instead of a. and b.,
                                          maintain your operating
                                          parameter(s) within the
                                          operating limits established
                                          according to your monitoring
                                          plan established under Sec.
                                          63.8(f).
------------------------------------------------------------------------
2. Other type of control device to       Maintain your operating
 which HCl emissions are ducted.          parameter(s) within the limits
                                          established during the
                                          performance test and according
                                          to your monitoring plan.
------------------------------------------------------------------------



Sec. Table 3 to Subpart NNNNN of Part 63--Performance Test Requirements 
                   for HCl Production Affected Sources

    As stated inSec. 63.9020, you must comply with the following 
requirements for performance tests for HCl production for each affected 
source.

------------------------------------------------------------------------
 For each HCl process vent and
 each HCl storage tank and HCl
 transfer operation for which                            Additional
     you are conducting a          Using . . .       Information . . .
performance test, you must . .
               .
------------------------------------------------------------------------
1. Select sampling port         a. Method 1 or 1A  i. If complying with
 location(s) and the number of   in appendix A to   a percent reduction
 traverse points.                40 CFR part 60     emission limitation,
                                 of this chapter.   sampling sites must
                                                    located at the inlet
                                                    and outlet of the
                                                    control device prior
                                                    to any releases to
                                                    the atmosphere (or,
                                                    if a series of
                                                    control devices are
                                                    used, at the inlet
                                                    of the first control
                                                    device and at the
                                                    outlet of the final
                                                    control device prior
                                                    to any releases to
                                                    the atmosphere); or

[[Page 34]]

 
                                                   ii. If complying with
                                                    an outlet
                                                    concentration
                                                    emission limitation,
                                                    the sampling site
                                                    must be located at
                                                    the outlet of the
                                                    final control device
                                                    and prior to any
                                                    releases to the
                                                    atmosphere or, if no
                                                    control device is
                                                    used, prior to any
                                                    releases to the
                                                    atmosphere.
2. Determine velocity and       Method 2, 2A, 2C,
 volumetric flow rate.           2D, 2F, or 2G in
                                 appendix A to 40
                                 CFR part 60 of
                                 this chapter.
3. Determine gas molecular      a. Not applicable  i. Assume a molecular
 weight.                                            weight of 29 (after
                                                    moisture correction)
                                                    for calculation
                                                    purposes.
4. Measure moisture content of  Method 4 in
 the stack gas.                  appendix A to 40
                                 CFR part 60 of
                                 this chapter.
5. Measure HCl concentration    a. Method 26A in   i. An owner or
 and Cl2 concentration from      appendix A to 40   operator may be
 HCl process vents.              CFR part 60 of     exempted from
                                 this chapter.      measuring the Cl2
                                                    concentration from
                                                    an HCl process vent
                                                    provided that a
                                                    demonstration that
                                                    Cl2 is not likely to
                                                    be present in the
                                                    stream is submitted
                                                    as part of the site-
                                                    specific test plan
                                                    required by Sec.
                                                    63.9020(a)(2). This
                                                    demonstration may be
                                                    based on process
                                                    knowledge,
                                                    engineering
                                                    judgment, or
                                                    previous test
                                                    results.
6. Establish operating limits
 with which you will
 demonstrate continuous
 compliance with the emission
 limits in Table 1 to this
 subpart, in accordance with
Sec.  63.9020(e)(1) or (2).
------------------------------------------------------------------------


[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17747, Apr. 7, 2006]



   Sec. Table 4 to Subpart NNNNN of Part 63--Initial Compliance With 
            Emission Limitations and Work Practice Standards

    As stated inSec. 63.9030, you must comply with the following 
requirements to demonstrate initial compliance with the applicable 
emission limits for each affected source vented to a control device and 
each work practice standard.

------------------------------------------------------------------------
                                For the following
                                emission limit or         You have
       For each . . .             work practice     demonstrated initial
                                 standard . . .      compliance if . . .
------------------------------------------------------------------------
1. HCl process vent and each  a. In Table 1 to      i. The average
 HCl storage tank and HCl      this subpart.         percent reduction
 transfer operation for                              of HCl and Cl2 (if
 which you are conducting a                          applicable),
 performance test.                                   measured over the
                                                     period of the
                                                     performance test
                                                     conducted according
                                                     to Table 3 of this
                                                     subpart and
                                                     determined in
                                                     accordance with
                                                   Sec. 63.9020(b),
                                                     is greater than or
                                                     equal to the
                                                     applicable percent
                                                     reduction emission
                                                     limitation
                                                     specified in Table
                                                     1 of this subpart;
                                                     or
                                                    ii. The average HCl
                                                     and Cl2 (if
                                                     applicable)
                                                     concentration,
                                                     measured over the
                                                     period of the
                                                     performance test
                                                     conducted according
                                                     to Table 3 of this
                                                     subpart, is less
                                                     than or equal to
                                                     the applicable
                                                     concentration
                                                     emission limitation
                                                     specified in Table
                                                     1 of this subpart.
------------------------------------------------------------------------
2. HCl storage tank and HCl   a. In Table 1 to      i. The percent
 transfer operation for        this subpart.         reduction of HCl,
 which you are preparing a                           demonstrated by a
 design evaluation in lieu                           design evaluation
 of conducting a performance                         prepared in
 test.                                               accordance with
                                                   Sec. 63.9020(c),
                                                     is greater than or
                                                     equal to the
                                                     applicable percent
                                                     reduction emission
                                                     limitation
                                                     specified in Table
                                                     1 of this subpart;
                                                     or

[[Page 35]]

 
                                                    ii. The HCl
                                                     concentration,
                                                     demonstrated by a
                                                     design evaluation
                                                     prepared in
                                                     accordance with
                                                   Sec. 63.9020(c),
                                                     is less than or
                                                     equal to the
                                                     applicable
                                                     concentration
                                                     emission limitation
                                                     specified in Table
                                                     1 of this subpart.
------------------------------------------------------------------------
3. Leaking equipment........  a. In Table 1 to      i. You certify in
                               this subpart.         your Notification
                                                     of Compliance
                                                     Status that you
                                                     have developed and
                                                     implemented your
                                                     LDAR plan and
                                                     submitted it to the
                                                     Administrator for
                                                     comment only.
------------------------------------------------------------------------



  Sec. Table 5 to Subpart NNNNN of Part 63--Continuous Compliance With 
            Emission Limitations and Work Practice Standards

    As stated inSec. 63.9040, you must comply with the following 
requirements to demonstrate continuous compliance with the applicable 
emission limitations for each affected source vented to a control device 
and each work practice standard.

------------------------------------------------------------------------
                                For the following
                                     emission
                                  limitation and    You must demonstrate
        For each . . .            work practice    continuous compliance
                                  standard . . .          by . . .
 
------------------------------------------------------------------------
1. Affected source using a      a. In Tables 1     i. Collecting the
 caustic scrubber or water       and 2 to this      scrubber inlet
 scrubber/adsorber.              subpart.           liquid or
                                                    recirculating liquid
                                                    flow rate, as
                                                    appropriate, and
                                                    effluent pH
                                                    monitoring data
                                                    according to Sec.
                                                    63.9025, consistent
                                                    with your monitoring
                                                    plan; and
                                                   ii. Reducing the data
                                                    to 1-hour and daily
                                                    block averages
                                                    according to the
                                                    requirements in Sec.
                                                      63.9025; and
                                                   iii. Maintaining the
                                                    daily average
                                                    scrubber inlet
                                                    liquid or
                                                    recirculating liquid
                                                    flow rate, as
                                                    appropriate, above
                                                    the operating limit;
                                                    and
                                                   iv. Maintaining the
                                                    daily average
                                                    scrubber effluent pH
                                                    within the operating
                                                    limits.
2. Affected source using any    a. In Tables 1     i. Conducting
 other control device.           and 2 to this      monitoring according
                                 subpart.           to your monitoring
                                                    plan established
                                                    underSec.  63.8(f)
                                                    in accordance with
                                                  Sec. 63.9025(c);
                                                    and
                                                   ii. Collecting the
                                                    parameter data
                                                    according to your
                                                    monitoring plan
                                                    established under
                                                  Sec. 63.8(f); and
                                                   iii. Reducing the
                                                    data to 1-hour and
                                                    daily block averages
                                                    according to the
                                                    requirements in Sec.
                                                      63.9025; and
                                                   iv. Maintaining the
                                                    daily average
                                                    parameter values
                                                    within the operating
                                                    limits established
                                                    according to your
                                                    monitoring plan
                                                    established under
                                                  Sec. 63.8(f).
3. Affected source using no     a. In Tables 1     i. Verifying that you
 control device.                 and 2 to this      have not made any
                                 subpart..          process changes that
                                                    could reasonably be
                                                    expected to change
                                                    the outlet
                                                    concentration since
                                                    your most recent
                                                    performance test for
                                                    an emission point.
4. Leaking equipment affected   a. In Table 1 to   i. Verifying that you
 source.                         this subpart.      continue to use a
                                                    LDAR plan; and
                                                   ii. Reporting any
                                                    instances where you
                                                    deviated from the
                                                    plan and the
                                                    corrective actions
                                                    taken.
------------------------------------------------------------------------


[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17747, Apr. 7, 2006]



   Sec. Table 6 to Subpart NNNNN of Part 63--Requirements for Reports

    As stated inSec. 63.9050(a), you must submit a compliance report 
that includes the information inSec. 63.9050(c) through (e) as well as 
the information in the following table. You must also submit startup, 
shutdown, and malfunction (SSM) reports according to the requirements in 
Sec.  63.9050(f) and the following:

[[Page 36]]



------------------------------------------------------------------------
                                          Then you must submit a report
                 If...                          or statement that:
------------------------------------------------------------------------
1. There are no deviations from any      There were no deviations from
 emission limitations that apply to you.  any emission limitations that
                                          apply to you during the
                                          reporting period.
------------------------------------------------------------------------
2. There were no periods during which    There were no periods during
 the operating parameter monitoring       which the CMS were out-of-
 systems were out-of-control in           control during the reporting
 accordance with the monitoring plan.     period.
------------------------------------------------------------------------
3. There was a deviation from any        Contains the information in
 emission limitation during the         Sec. 63.9050(d).
 reporting period.
------------------------------------------------------------------------
4. There were periods during which the   Contains the information in
 operating parameter monitoring systems Sec. 63.9050(d).
 were out-of-control in accordance with
 the monitoring plan.
------------------------------------------------------------------------
5. There was a SSM during the reporting  Contains the information in
 period that is not consistent with     Sec. 63.9050(f).
 your SSM plan.
------------------------------------------------------------------------
6. There were periods when the           Contains the information in
 procedures in the LDAR plan were not   Sec. 63.9050(c)(7).
 followed.
------------------------------------------------------------------------



   Sec. Table 7 to Subpart NNNNN of Part 63--Applicability of General 
                       Provisions to Subpart NNNNN

    As stated inSec. 63.9065, you must comply with the applicable 
General Provisions requirements according to the following:

------------------------------------------------------------------------
                                            Applies to
     Citation           Requirement       subpart NNNNN    Explanation
------------------------------------------------------------------------
Sec.   63.1......  Initial applicability  Yes.
                    determination;
                    applicability after
                    standard
                    established; permit
                    requirements;
                    extensions;
                    notifications.
Sec.   63.2......  Definitions..........  Yes..........  Additional
                                                          definitions
                                                          are found in
                                                          Sec.
                                                          63.9075.
Sec.   63.3......  Units and              Yes.
                    abbreviations.
Sec.   63.4......  Prohibited             Yes.
                    activities;
                    compliance date;
                    circumvention,
                    severability.
Sec.   63.5......  Construction/          Yes.
                    reconstruction
                    applicability;
                    applications;
                    approvals.
Sec.   63.6(a)...  Compliance with        Yes.
                    standards and
                    maintenance
                    requirements-
                    applicability.
Sec.   63.6(b)(1)- Compliance dates for   Yes..........Sec. 63.8995
 (4).               new or reconstructed                  specifies
                    sources.                              compliance
                                                          dates.
Sec.   63.6(b)(5)  Notification if        Yes.
                    commenced
                    construction or
                    reconstruction after
                    proposal.
Sec.   63.6(b)(6)  [Reserved]...........  Yes.
Sec.   63.6(b)(7)  Compliance dates for   Yes..........Sec. 63.8995
                    new or reconstructed                  specifies
                    area sources that                     compliance
                    become major.                         dates.
Sec.   63.6(c)(1)- Compliance dates for   Yes..........Sec. 63.8995
 (2).               existing sources.                     specifies
                                                          compliance
                                                          dates.
Sec.   63.6(c)(3)- [Reserved]...........  Yes.
 (4).
Sec.   63.6(c)(5)  Compliance dates for   Yes..........Sec. 63.8995
                    existing area                         specifies
                    sources that become                   compliance
                    major.                                dates.
Sec.   63.6(d)...  [Reserved]...........  Yes.
Sec.   63.6(e)(1)- Operation and          Yes.
 (2).               maintenance
                    requirements.
Sec.   63.6(e)(3)  SSM plans............  Yes.
Sec.   63.6(f)(1)  Compliance except      Yes.
                    during SSM.
Sec.   63.6(f)(2)- Methods for            Yes.
 (3).               determining
                    compliance.
Sec.   63.6(g)...  Use of an alternative  Yes.
                    non-opacity emission
                    standard.
Sec.   63.6(h)...  Compliance with        No...........  Subpart NNNNN
                    opacity/visible                       does not
                    emission standards.                   specify
                                                          opacity or
                                                          visible
                                                          emission
                                                          standards.
Sec.   63.6(i)...  Extension of           Yes.
                    compliance with
                    emission standards.
Sec.   63.6(j)...  Presidential           Yes.
                    compliance exemption.
Sec.   63.7(a)(1)- Performance test       Yes..........  Except for
 (2).               dates.                                existing
                                                          affected
                                                          sources as
                                                          specified in
                                                          Sec.
                                                          63.9010(b).
Sec.   63.7(a)(3)  Administrator's Clean  Yes.
                    Air Act section 114
                    authority to require
                    a performance test.
Sec.   63.7(b)...  Notification of        Yes.
                    performance test and
                    rescheduling.
Sec.   63.7(c)...  Quality assurance      Yes.
                    program and site-
                    specific test plans.
Sec.   63.7(d)...  Performance testing    Yes.
                    facilities.
Sec.   63.7(e)(1)  Conditions for         Yes.
                    conducting
                    performance tests.

[[Page 37]]

 
Sec.   63.7(f)...  Use of an alternative  Yes.
                    test method.
Sec.   63.7(g)...  Performance test data  Yes.
                    analysis,
                    recordkeeping, and
                    reporting.
Sec.   63.7(h)...  Waiver of performance  Yes.
                    tests.
Sec.   63.8(a)(1)- Applicability of       Yes..........  Additional
 (3).               monitoring                            monitoring
                    requirements.                         requirements
                                                          are found in
                                                          Sec.
                                                          63.9005(d) and
                                                          63.9035.
63.8(a)(4).......  Monitoring with        No...........  Subpart NNNNN
                    flares.                               does not refer
                                                          directly or
                                                          indirectly to
                                                        Sec. 63.11.
Sec.   63.8(b)...  Conduct of monitoring  Yes.
                    and procedures when
                    there are multiple
                    effluents and
                    multiple monitoring
                    systems.
Sec.   63.8(c)(1)- Continuous monitoring  Yes..........  Applies as
 (3).               system O&M.                           modified by
                                                          Sec.
                                                          63.9005(d).
Sec.   63.8(c)(4)  Continuous monitoring  Yes..........  Applies as
                    system requirements                   modified by
                    during breakdown,                     Sec.
                    out-of-control,                       63.9005(d).
                    repair, maintenance,
                    and high-level
                    calibration drifts.
Sec.   63.8(c)(5)  Continuous opacity     No...........  Subpart NNNNN
                    monitoring system                     does not have
                    (COMS) minimum                        opacity or
                    procedures.                           visible
                                                          emission
                                                          standards.
Sec.   63.8(c)(6)  Zero and high level    Yes..........  Applies as
                    calibration checks.                   modified by
                                                          Sec.
                                                          63.9005(d).
Sec.   63.8(c)(7)- Out-of-control         Yes.
 (8).               periods, including
                    reporting.
Sec.   63.8(d)-    Quality control        No...........  Applies as
 (e).               program and CMS                       modified by
                    performance                           Sec.
                    evaluation.                           63.9005(d).
Sec.   63.8(f)(1)- Use of an alternative  Yes.
 (5).               monitoring method.
Sec.   63.8(f)(6)  Alternative to         No...........  Only applies to
                    relative accuracy                     sources that
                    test.                                 use continuous
                                                          emissions
                                                          monitoring
                                                          systems
                                                          (CEMS).
Sec.   63.8(g)...  Data reduction.......  Yes..........  Applies as
                                                          modified by
                                                          Sec.
                                                          63.9005(d).
Sec.   63.9(a)...  Notification           Yes.
                    requirements--applic
                    ability.
Sec.   63.9(b)...  Initial notifications  Yes..........  Except Sec.
                                                          63.9045(c)
                                                          requires new
                                                          or
                                                          reconstructed
                                                          affected
                                                          sources to
                                                          submit the
                                                          application
                                                          for
                                                          construction
                                                          or
                                                          reconstruction
                                                          required by
                                                          Sec.
                                                          63.9(b)(1)(iii
                                                          ) in lieu of
                                                          the initial
                                                          notification.
Sec.   63.9(c)...  Request for            Yes.
                    compliance extension.
Sec.   63.9(d)...  Notification that a    Yes.
                    new source is
                    subject to special
                    compliance
                    requirements.
Sec.   63.9(e)...  Notification of        Yes.
                    performance test.
Sec.   63.9(f)...  Notification of        No...........  Subpart NNNNN
                    visible emissions/                    does not have
                    opacity test.                         opacity or
                                                          visible
                                                          emission
                                                          standards.
Sec.   63.9(g)(1)  Additional CMS         Yes.
                    notifications--date
                    of CMS performance
                    evaluation.
Sec.   63.9(g)(2)  Use of COMS data.....  No...........  Subpart NNNNN
                                                          does not
                                                          require the
                                                          use of COMS.
Sec.   63.9(g)(3)  Alternative to         No...........  Applies only to
                    relative accuracy                     sources with
                    testing.                              CEMS.
Sec.   63.9(h)...  Notification of        Yes..........  Except the
                    compliance status.                    submission
                                                          date specified
                                                          in Sec.
                                                          63.9(h)(2)(ii)
                                                          is superseded
                                                          by the date
                                                          specified in
                                                          Sec.
                                                          63.9045(f).
Sec.   63.9(i)...  Adjustment of          Yes.
                    submittal deadlines.
Sec.   63.9(j)...  Change in previous     Yes.
                    information.
Sec.   63.10(a)..  Recordkeeping/         Yes.
                    reporting
                    applicability.
Sec.               General recordkeeping  Yes.......... Sec. Sec.
 63.10(b)(1).       requirements.                         63.9055 and
                                                          63.9060
                                                          specify
                                                          additional
                                                          recordkeeping
                                                          requirements.
Sec.               Records related to     Yes.
 63.10(b)(2)(i)-(   SSM periods and CMS.
 xi).
Sec.               Records when under     Yes.
 63.10(b)(2)(xii).  waiver.
Sec.               Records when using     No...........  Applies only to
 63.10(b)(2)(xiii   alternative to                        sources with
 ).                 relative accuracy                     CEMS.
                    test.
Sec.               All documentation      Yes.
 63.10(b)(2)(xiv).  supporting initial
                    notification and
                    notification of
                    compliance status.
Sec.               Recordkeeping          Yes.           ...............
 63.10(b)(3).       requirements for
                    applicability
                    determinations.

[[Page 38]]

 
Sec.   63.10(c)..  Additional             Yes..........  Applies as
                    recordkeeping                         modified by
                    requirements for                    Sec. 63.9005
                    sources with CMS.                     (d).
Sec.               General reporting      Yes..........Sec. 63.9050
 63.10(d)(1).       requirements.                         specifies
                                                          additional
                                                          reporting
                                                          requirements.
Sec.               Performance test       Yes..........  Sec.
 63.10(d)(2).       results.                              63.9045(f)
                                                          specifies
                                                          submission
                                                          date.
Sec.               Opacity or visible     No...........  Subpart NNNNN
 63.10(d)(3).       emissions                             does not
                    observations.                         specify
                                                          opacity or
                                                          visible
                                                          emission
                                                          standards.
Sec.               Progress reports for   Yes.
 63.10(d)(4).       sources with
                    compliance
                    extensions.
Sec.               SSM reports..........  Yes.
 63.10(d)(5).
Sec.               Additional CMS         Yes..........  Applies as
 63.10(e)(1).       reports--general.                     modified by
                                                          Sec.
                                                          63.9005(d).
Sec.               Results of CMS         Yes..........  Applies as
 63.10(e)(2)(i).    performance                           modified by
                    evaluations.                          Sec.
                                                          63.9005(d).
Sec.               Results of COMS        No...........  Subpart NNNNN
 63.10(e)(2).       performance                           does not
                    evaluations.                          require the
                                                          use of COMS.
Sec.               Excess emissions/CMS   Yes.
 63.10(e)(3).       performance reports.
Sec.               Continuous opacity     No...........  Subpart NNNNN
 63.10(e)(4).       monitoring system                     does not
                    data reports.                         require the
                                                          use of COMS.
Sec.   63.10(f)..  Recordkeeping/         Yes.
                    reporting waiver.
Sec.   63.11.....  Control device         No...........  Facilities
                    requirements--applic                  subject to
                    ability.                              subpart NNNNN
                                                          do not use
                                                          flares as
                                                          control
                                                          devices.
Sec.   63.12.....  State authority and    Yes..........Sec. 63.9070
                    delegations.                          lists those
                                                          sections of
                                                          subparts NNNNN
                                                          and A that are
                                                          not delegated.
Sec.   63.13.....  Addresses............  Yes.
Sec.   63.14.....  Incorporation by       Yes..........  Subpart NNNNN
                    reference.                            does not
                                                          incorporate
                                                          any material
                                                          by reference.
Sec.   63.15.....  Availability of        Yes.
                    information/
                    confidentiality.
------------------------------------------------------------------------


[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17748, Apr. 7, 2006]

Subpart OOOOO [Reserved]



 Subpart PPPPP_National Emission Standards for Hazardous Air Pollutants 
                      for Engine Test Cells/Stands

    Source: 68 FR 28785, May 27, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.9280  What is the purpose of subpart PPPPP?

    This subpart PPPPP establishes national emission standards for 
hazardous air pollutants (NESHAP) for engine test cells/stands located 
at major sources of hazardous air pollutants (HAP) emissions. This 
subpart also establishes requirements to demonstrate initial and 
continuous compliance with the emission limitations contained in this 
NESHAP.



Sec.  63.9285  Am I subject to this subpart?

    You are subject to this subpart if you own or operate an engine test 
cell/stand that is located at a major source of HAP emissions.
    (a) An engine test cell/stand is any apparatus used for testing 
uninstalled stationary or uninstalled mobile (motive) engines.
    (b) An uninstalled engine is an engine that is not installed in, or 
an integrated part of, the final product.
    (c) A major source of HAP emissions is a plant site that emits or 
has the potential to emit any single HAP at a rate of 10 tons (9.07 
megagrams) or more per year or any combination of HAP at a rate of 25 
tons (22.68 megagrams) or more per year.



Sec.  63.9290  What parts of my plant does this subpart cover?

    This subpart applies to each new, reconstructed, or existing 
affected source.

[[Page 39]]

    (a) Affected source. An affected source is the collection of all 
equipment and activities associated with engine test cells/stands used 
for testing uninstalled stationary or uninstalled mobile (motive) 
engines located at a major source of HAP emissions.
    (1) Existing affected source. An affected source is existing if you 
commenced construction or reconstruction of the affected source on or 
before May 14, 2002. A change in ownership of an existing affected 
source does not make that affected source a new or reconstructed 
affected source.
    (2) New affected source. An affected source is new if you commenced 
construction of the affected source after May 14, 2002.
    (3) Reconstructed affected source. An affected source is 
reconstructed if you meet the definition of reconstruction inSec. 63.2 
of subpart A of this part and reconstruction is commenced after May 14, 
2002. Changes made to an existing affected source primarily for the 
purpose of complying with revisions to engine testing requirements under 
40 CFR parts 80, 86, 89, 90, 91, or 92 are not considered a modification 
or reconstruction. In addition, passive measurement and control 
instrumentation and electronics are not included as part of any affected 
source reconstruction evaluation.
    (b) Existing affected sources do not have to meet the requirements 
of this subpart and of subpart A of this part.
    (c) Any portion of a new or reconstructed affected source located at 
a major source that is used exclusively for testing internal combustion 
engines with rated power of less than 25 horsepower (hp) (19 
kilowatts(kW)) does not have to meet the requirements of this subpart 
and of subpart A of this part except for the initial notification 
requirements ofSec. 63.9345(b).
    (d) Any portion of a new or reconstructed affected source located at 
a major source that meets any of the criteria specified in paragraphs 
(d)(1) through (4) of this section does not have to meet the 
requirements of this subpart and of subpart A of this part.
    (1) Any portion of the affected source used exclusively for testing 
combustion turbine engines.
    (2) Any portion of the affected source used exclusively for testing 
rocket engines.
    (3) Any portion of the affected source used in research and teaching 
activities at facilities that are not engaged in the development of 
engines or engine test services for commercial purposes.
    (4) Any portion of the affected source operated to test or evaluate 
fuels (such as knock engines), transmissions, or electronics.



Sec.  63.9295  When do I have to comply with this subpart?

    (a) Affected sources. (1) If you start up your new or reconstructed 
affected source before May 27, 2003, you must comply with the emission 
limitations in this subpart no later than May 27, 2003.
    (2) If you start up your new or reconstructed affected source on or 
after May 27, 2003, you must comply with the emission limitations in 
this subpart upon startup.
    (b) Area sources that become major sources. If your new or 
reconstructed affected source is located at an area source that 
increases its emissions or its potential to emit such that it becomes a 
major source of HAP, your new or reconstructed affected source must be 
in compliance with this subpart when the area source becomes a major 
source.
    (c) You must meet the notification requirements inSec. 63.9345 and 
in 40 CFR part 63, subpart A.

                          Emission Limitations



Sec.  63.9300  What emission limitations must I meet?

    For each new or reconstructed affected source that is used in whole 
or in part for testing internal combustion engines with rated power of 
25 hp (19 kW) or more and that is located at a major source, you must 
comply with the emission limitations in Table 1 to this subpart. (Tables 
are found at the end of this subpart.)



Sec.  63.9301  What are my options for meeting the emission limits?

    You may use either a continuous parameter monitoring system (CPMS) 
or

[[Page 40]]

a continuous emission monitoring system (CEMS) to demonstrate compliance 
with the emission limitations. Continuous monitoring systems must meet 
the requirements inSec. 63.9306 (CPMS) andSec. 63.9307 (CEMS).



Sec.  63.9302  What operating limits must I meet?

    (a) For any new or reconstructed affected source on which you use 
add-on controls, you must meet the operating limits specified in Table 2 
to this subpart. These operating limits must be established during the 
performance test according to the requirements inSec. 63.9324. You 
must meet the operating limits at all times after you establish them.
    (b) If you use an add-on control device other than those listed in 
Table 2 to this subpart, or wish to monitor an alternative parameter and 
comply with a different operating limit, you must apply to the 
Administrator for approval of alternative monitoring underSec. 
63.8(f).

                     General Compliane Requirements



Sec.  63.9305  What are my general requirements for complying with 
this subpart?

    (a) You must be in compliance with the emission limitation that 
applies to you at all times, except during periods of startup, shutdown, 
or malfunction (SSM) of your control device or associated monitoring 
equipment.
    (b) If you must comply with the emission limitation, you must 
operate and maintain your engine test cell/stand, air pollution control 
equipment, and monitoring equipment in a manner consistent with good air 
pollution control practices for minimizing emissions at all times.
    (c) You must develop a written SSM plan (SSMP) for emission control 
devices and associated monitoring equipment according to the provisions 
inSec. 63.6(e)(3). The plan will apply only to emission control 
devices, and not to engine test cells/stands.

[68 FR 28785, May 27, 2003, as amended at 71 FR 20470, Apr. 20, 2006]



Sec.  63.9306  What are my continuous parameter monitoring system 
(CPMS) installation, operation, and maintenance requirements?

    (a) General. You must install, operate, and maintain each CPMS 
specified in paragraphs (c) and (d) of this section according to 
paragraphs (a)(1) through (7) of this section. You must install, 
operate, and maintain each CPMS specified in paragraph (b) of this 
section according to paragraphs (a)(3) through (5) of this section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
equally spaced successive cycles of CPMS operation in 1 hour.
    (2) You must determine the average of all recorded readings for each 
successive 3-hour period of the emission capture system and add-on 
control device operation.
    (3) You must record the results of each inspection, calibration, and 
validation check of the CPMS.
    (4) You must maintain the CPMS at all times and have available 
necessary parts for routine repairs of the monitoring equipment.
    (5) You must operate the CPMS and collect emission capture system 
and add-on control device parameter data at all times that an engine 
test cell/stand is operating, except during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
(including, if applicable, calibration checks and required zero and span 
adjustments).
    (6) You must not use emission capture system or add-on control 
device parameter data recorded during monitoring malfunctions, 
associated repairs, out-of-control periods, or required quality 
assurance or control activities when calculating data averages. You must 
use all the data collected during all other periods in calculating the 
data averages for determining compliance with the emission capture 
system and add-on control device operating limits.
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the CPMS to provide valid data. 
Monitoring failures

[[Page 41]]

that are caused in part by poor maintenance or careless operation are 
not malfunctions. Any period for which the monitoring system is out-of-
control and data are not available for required calculations is a 
deviation from the monitoring requirements.
    (b) Capture system bypass line. You must meet the requirements of 
paragraphs (b)(1) and (2) of this section for each emission capture 
system that contains bypass lines that could divert emissions away from 
the add-on control device to the atmosphere.
    (1) You must monitor or secure the valve or closure mechanism 
controlling the bypass line in a nondiverting position in such a way 
that the valve or closure mechanism cannot be opened without creating a 
record that the valve was opened. The method used to monitor or secure 
the valve or closure mechanism must meet one of the requirements 
specified in paragraphs (b)(1)(i) through (iv) of this section.
    (i) Flow control position indicator. Install, calibrate, maintain, 
and operate according to the manufacturer's specifications a flow 
control position indicator that takes a reading at least once every 15 
minutes and provides a record indicating whether the emissions are 
directed to the add-on control device or diverted from the add-on 
control device. The time of occurrence and flow control position must be 
recorded, as well as every time the flow direction is changed. The flow 
control position indicator must be installed at the entrance to any 
bypass line that could divert the emissions away from the add-on control 
device to the atmosphere.
    (ii) Car-seal or lock-and-key valve closures. Secure any bypass line 
valve in the closed position with a car-seal or a lock-and-key type 
configuration. You must visually inspect the seal or closure mechanism 
at least once every month to ensure that the valve is maintained in the 
closed position, and the emissions are not diverted away from the add-on 
control device to the atmosphere.
    (iii) Valve closure monitoring. Ensure that any bypass line valve is 
in the closed (nondiverting) position through monitoring of valve 
position at least once every 15 minutes. You must inspect the monitoring 
system at least once every month to verify that the monitor will 
indicate valve position.
    (iv) Automatic shutdown system. Use an automatic shutdown system in 
which the engine testing operation is stopped when flow is diverted by 
the bypass line away from the add-on control device to the atmosphere 
when an engine test cell/stand is operating. You must inspect the 
automatic shutdown system at least once every month to verify that it 
will detect diversions of flow and shut down the engine test cell/stand 
in operation.
    (2) If any bypass line is opened, you must include a description of 
why the bypass line was opened and the length of time it remained open 
in the semiannual compliance reports required inSec. 63.9350.
    (c) Thermal oxidizers and catalytic oxidizers. If you are using a 
thermal oxidizer or catalytic oxidizer as an add-on control device, you 
must comply with the requirements in paragraphs (c)(1) through (3) of 
this section.
    (1) For a thermal oxidizer, install a gas temperature monitor in the 
firebox of the thermal oxidizer or in the duct immediately downstream of 
the firebox before any substantial heat exchange occurs.
    (2) For a catalytic oxidizer, you must install a gas temperature 
monitor in the gas stream immediately before the catalyst bed, and if 
you established operating limits according toSec. 63.9324(b)(1) and 
(2), also install a gas temperature monitor in the gas stream 
immediately after the catalyst bed.
    (i) If you establish operating limits according toSec. 
63.9324(b)(1) and (2), then you must install the gas temperature 
monitors both upstream and downstream of the catalyst bed. The 
temperature monitors must be in the gas stream immediately before and 
after the catalyst bed to measure the temperature difference across the 
bed.
    (ii) If you establish operating limits according toSec. 
63.9324(b)(3) and (4), then you must install a gas temperature monitor 
upstream of the catalyst bed. The temperature monitor must be in the gas 
stream immediately before the catalyst bed to measure the temperature.
    (3) For all thermal oxidizers and catalytic oxidizers, you must meet 
the

[[Page 42]]

requirements in paragraphs (a) and (c)(3)(i) through (vii) of this 
section for each gas temperature monitoring device.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a measurement sensitivity of 4 
degrees Fahrenheit or 0.75 percent of the temperature value, whichever 
is larger.
    (iii) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (iv) If a gas temperature chart recorder is used, it must have a 
measurement sensitivity in the minor division of at least 20 degrees 
Fahrenheit.
    (v) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owner's manual. 
Following the electronic calibration, you must conduct a temperature 
sensor validation check in which a second or redundant temperature 
sensor placed near the process temperature sensor must yield a reading 
within 30 degrees Fahrenheit of the process temperature sensor reading.
    (vi) Conduct calibration and validation checks anytime the sensor 
exceeds the manufacturer's specified maximum operating temperature range 
or install a new temperature sensor.
    (vii) At least monthly, inspect components for integrity and 
electrical connections for continuity, oxidation, and galvanic 
corrosion.
    (d) Emission capture systems. The capture system monitoring system 
must comply with the applicable requirements in paragraphs (d)(1) and 
(2) of this section.
    (1) For each flow measurement device, you must meet the requirements 
in paragraphs (a) and (d)(1)(i) through (iv) of this section.
    (i) Locate a flow sensor in a position that provides a 
representative flow measurement in the duct from each capture device in 
the emission capture system to the add-on control device.
    (ii) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (iii) Conduct a flow sensor calibration check at least semiannually.
    (iv) At least monthly, inspect components for integrity, electrical 
connections for continuity, and mechanical connections for leakage.
    (2) For each pressure drop measurement device, you must comply with 
the requirements in paragraphs (a) and (d)(2)(i) through (vi) of this 
section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure drop across each 
opening you are monitoring.
    (ii) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (iii) Check pressure tap pluggage daily.
    (iv) Using an inclined manometer with a measurement sensitivity of 
0.0002 inch water, check gauge calibration quarterly and transducer 
calibration monthly.
    (v) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (vi) At least monthly, inspect components for integrity, electrical 
connections for continuity, and mechanical connections for leakage.



Sec.  63.9307  What are my continuous emissions monitoring system 
installation, operation, and maintenance requirements?

    (a) You must install, operate, and maintain each CEMS to monitor 
carbon monoxide (CO) or total hydrocarbons (THC) and oxygen 
(O2) at the outlet of the exhaust system of the engine test 
cell/stand or at the outlet of the emission control device.
    (b) To comply with the CO or THC percent reduction emission 
limitation, you may install, operate, and maintain a CEMS to monitor CO 
or THC and O2 at both the inlet and the outlet of the 
emission control device.
    (c) To comply with either emission limitations, the CEMS must be 
installed and operated according to the requirements described in 
paragraphs (c)(1) through (4) of this section.
    (1) You must install, operate, and maintain each CEMS according to 
the applicable Performance Specification (PS) of 40 CFR part 60, 
appendix B (PS-3 or PS-4A).
    (2) You must conduct a performance evaluation of each CEMS according 
to

[[Page 43]]

the requirements in 40 CFR 63.8 and according to PS-3 of 40 CFR part 60, 
appendix B, using Reference Method 3A or 3B for the O2 CEMS, 
and according to PS-4A of 40 CFR part 60, appendix B, using Reference 
Method 10 or 10B for the CO CEMS. If the fuel used in the engines being 
tested is natural gas, you may use 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 (incorporated by reference, seeSec. 63.14). As an 
alternative to Method 3B, you may use ANSI/ASME PTC 19.10-1981, ``Flue 
and Exhaust Gas Analyses [Part 10, Instruments and Apparatus],'' 
(incorporated by reference, seeSec. 63.14).
    (3) As specified inSec. 63.8(c)(4)(ii), each CEMS must complete a 
minimum of one cycle of operation (sampling, analyzing, and data 
recording) for each successive 15-minute period. You must have at least 
two data points, each representing a different 15-minute period within 
the same hour, to have a valid hour of data.
    (4) All CEMS data must be reduced as specified inSec. 63.8(g)(2) 
and recorded as CO concentration in parts per million by volume, dry 
basis (ppmvd), corrected to 15 percent O2 content.
    (d) If you have CEMS that are subject to paragraph (a) or (b) of 
this section, you must properly maintain and operate the monitors 
continuously according to the requirements described in paragraphs 
(d)(1) and (2) of this section.
    (1) Proper maintenance. You must maintain the monitoring equipment 
at all times that the engine test cell/stand is operating, including but 
not limited to, maintaining necessary parts for routine repairs of the 
monitoring equipment.
    (2) Continued operation. You must operate your CEMS according to 
paragraphs (d)(2)(i) and (ii) of this section.
    (i) You must conduct all monitoring in continuous operation at all 
times that the engine test cell/stand is operating, except for, as 
applicable, monitoring malfunctions, associated repairs, and required 
quality assurance or control activities (including, as applicable, 
calibration drift checks and required zero and high-level adjustments). 
Quality assurance or control activities must be performed according to 
procedure 1 of 40 CFR part 60, appendix F.
    (ii) Data recorded during monitoring malfunctions, associated 
repairs, out-of-control periods, and required quality assurance or 
control activities must not be used for purposes of calculating data 
averages. You must use all of the data collected from all other periods 
in assessing compliance. A monitoring malfunction is any sudden, 
infrequent, not reasonably preventable failure of the monitoring 
equipment to provide valid data. Monitoring failures that are caused in 
part by poor maintenance or careless operation are not malfunctions. Any 
period for which the monitoring system is out-of-control and data are 
not available for required calculations constitutes a deviation from the 
monitoring requirements.

               Testing and Initial Compliance Requirements



Sec.  63.9310  By what date must I conduct the initial compliance
demonstrations?

    You must conduct the initial compliance demonstrations that apply to 
you in Table 3 to this subpart within 180 calendar days after the 
compliance date that is specified for your new or reconstructed affected 
source inSec. 63.9295 and according to the provisions inSec. 
63.7(a)(2).



Sec.  63.9320  What procedures must I use?

    (a) You must conduct each initial compliance demonstration that 
applies to you in Table 3 to this subpart.
    (b) You must conduct an initial performance evaluation of each 
capture and control system according to Sec.Sec. 63.9321, 63.9322, 
63.9323 and 63.9324, and each CEMS according to the requirements in 40 
CFR 63.8 and according to the applicable Performance Specification of 40 
CFR part 60, appendix B (PS-3 or PS-4A).
    (c) The initial demonstration of compliance with the carbon monoxide 
(CO) or total hydrocarbon (THC) concentration limitation consists of the 
first 4-

[[Page 44]]

hour rolling average CO or THC concentration recorded after completion 
of the CEMS performance evaluation. You must correct the CO or THC 
concentration at the outlet of the engine test cell/stand or the 
emission control device to a dry basis and to 15 percent O2 
content according to Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR27MY03.002

Where:

Cc = concentration of CO or THC, corrected to 15 percent 
          oxygen, ppmvd
Cunc = total uncorrected concentration of CO or THC, ppmvd
%O2d = concentration of oxygen measured in gas stream, dry 
          basis, percent by volume.

    (d) The initial demonstration of compliance with the CO or THC 
percent reduction emission limitation consists of the first 4-hour 
rolling average percent reduction in CO or THC recorded after completion 
of the performance evaluation of the capture/control system and/or CEMS. 
You must complete the actions described in paragraphs (d)(1) through (2) 
of this section.
    (1) Correct the CO or THC concentrations at the inlet and outlet of 
the emission control device to a dry basis and to 15 percent 
O2 content using Equation 1 of this section.
    (2) Calculate the percent reduction in CO or THC using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR27MY03.003

Where:

R = percent reduction in CO or THC
Ci = corrected CO or THC concentration at inlet of the 
          emission control device
Co = corrected CO or THC concentration at the outlet of the 
          emission control device.



Sec.  63.9321  What are the general requirements for performance tests?

    (a) You must conduct each performance test required bySec. 63.9310 
according to the requirements inSec. 63.7(e)(1) and under the 
conditions in this section unless you obtain a waiver of the performance 
test according to the provisions inSec. 63.7(h).
    (1) Representative engine testing conditions. You must conduct the 
performance test under representative operating conditions for the test 
cell/stand. Operations during periods of SSM, and during periods of 
nonoperation do not constitute representative conditions. You must 
record the process information that is necessary to document operating 
conditions during the test and explain why the conditions represent 
normal operation.
    (2) Representative emission capture system and add-on control device 
operating conditions. You must conduct the performance test when the 
emission capture system and add-on control device are operating at a 
representative flow rate, and the add-on control device is operating at 
a representative inlet concentration. You must record information that 
is necessary to document emission capture system and add-on control 
device operating conditions during the test and explain why the 
conditions represent normal operation.
    (b) You must conduct each performance test of an emission capture 
system according to the requirements inSec. 63.9322. You must conduct 
each performance test of an add-on control device according to the 
requirements inSec. 63.9323.



Sec.  63.9322  How do I determine the emission capture system 
efficiency?

    You must use the procedures and test methods in this section to 
determine capture efficiency as part of the performance test required by 
Sec.  63.9310.
    (a) Assuming 100 percent capture efficiency. You may assume the 
capture system efficiency is 100 percent if both conditions in 
paragraphs (a)(1) and (2) of this section are met:
    (1) The capture system meets the criteria in Method 204 of appendix 
M to 40 CFR part 51 for a potential to emit (PTE) and directs all the 
exhaust gases from the enclosure to an add-on control device.
    (2) All engine test operations creating exhaust gases for which the 
test is applicable are conducted within the capture system.
    (b) Measuring capture efficiency. If the capture system does not 
meet the criteria in paragraphs (a)(1) and (2) of this section, then you 
must use one of the

[[Page 45]]

two protocols described in paragraphs (c) and (d) of this section to 
measure capture efficiency. The capture efficiency measurements use 
total volatile hydrocarbon (TVH) capture efficiency as a surrogate for 
organic HAP capture efficiency. For the protocol in paragraph (c) of 
this section, the capture efficiency measurement must consist of three 
test runs. Each test run must be at least 3 hours in duration or the 
length of a production run, whichever is longer, up to 8 hours. For the 
purposes of this test, a production run means the time required for a 
single engine test to go from the beginning to the end.
    (c) Gas-to-gas protocol using a temporary total enclosure or a 
building enclosure. The gas-to-gas protocol compares the mass of TVH 
emissions captured by the emission capture system to the mass of TVH 
emissions not captured. Use a temporary total enclosure or a building 
enclosure and the procedures in paragraphs (c)(1) through (5) of this 
section to measure emission capture system efficiency using the gas-to-
gas protocol.
    (1) Either use a building enclosure or construct an enclosure around 
the engine test cell/stand and all areas where emissions from the engine 
testing subsequently occur. The enclosure must meet the applicable 
definition of a temporary total enclosure or building enclosure in 
Method 204 of appendix M to 40 CFR part 51.
    (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions captured by the emission 
capture system during each capture efficiency test run as measured at 
the inlet to the add-on control device. To make the measurement, 
substitute TVH for each occurrence of the term VOC in the methods.
    (i) The sampling points for the Method 204B or 204C of appendix M to 
40 CFR part 51 measurement must be upstream from the add-on control 
device and must represent total emissions routed from the capture system 
and entering the add-on control device.
    (ii) If multiple emission streams from the capture system enter the 
add-on control device without a single common duct, then the emissions 
entering the add-on control device must be simultaneously measured in 
each duct, and the total emissions entering the add-on control device 
must be determined.
    (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions that are not captured by 
the emission capture system; they are measured as they exit the 
temporary total enclosure or building enclosure during each capture 
efficiency test run. To make the measurement, substitute TVH for each 
occurrence of the term VOC in the methods.
    (i) Use Method 204D of appendix M to 40 CFR part 51 if the enclosure 
is a temporary total enclosure.
    (ii) Use Method 204E of appendix M to 40 CFR part 51 if the 
enclosure is a building enclosure. During the capture efficiency 
measurement, all organic compound emitting operations inside the 
building enclosure, other than the engine test cell/stand operation for 
which capture efficiency is being determined, must be shut down, but all 
fans and blowers must be operating normally.
    (4) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 1 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR27MY03.004

Where:

CE = capture efficiency of the emission capture system vented to the 
          add-on control device, percent
TVHcaptured = total mass of TVH captured by the emission 
          capture system as measured at the inlet to the add-on control 
          device during the emission capture efficiency

[[Page 46]]

          test run, kg, determined according to paragraph (c)(2) of this 
          section
TVHuncaptured = total mass of TVH that is not captured by the 
          emission capture system and that exits from the temporary 
          total enclosure or building enclosure during the capture 
          efficiency test run, kg, determined according to paragraph 
          (c)(3) of this section.

    (5) Determine the capture efficiency the emission capture system as 
the average of the capture efficiencies measured in the three test runs.
    (d) Alternative capture efficiency protocol. As an alternative to 
the procedure specified in paragraph (c) of this section, you may 
determine capture efficiency using any other capture efficiency protocol 
and test methods that satisfy the criteria of either the data quality 
objective or lower control limit approach as described in appendix A to 
subpart KK of this part.



Sec.  63.9323  How do I determine the add-on control device emission
destruction or removal efficiency?

    You must use the procedures and test methods in this section to 
determine the add-on control device emission destruction or removal 
efficiency as part of the performance test required bySec. 63.9310. 
You must conduct three test runs as specified inSec. 63.7(e)(3), and 
each test run must last at least 1 hour.
    (a) For all types of add-on control devices, use the test methods 
specified in paragraphs (a)(1) through (5) of this section.
    (1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as 
appropriate, to select sampling sites and velocity traverse points.
    (2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR part 
60, as appropriate, to measure gas volumetric flow rate.
    (3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as 
appropriate, for gas analysis to determine dry molecular weight. The 
ANSI/ASME PTC 19.10-1981 Part 10 is an acceptable alternative to Method 
3B (incorporated by reference, seeSec. 63.14).
    (4) Use Method 4 of appendix A to 40 CFR part 60, to determine stack 
gas moisture.
    (5) Methods for determining gas volumetric flow rate, dry molecular 
weight, and stack gas moisture must be performed, as applicable, during 
each test run.
    (b) Measure total gaseous organic mass emissions as carbon at the 
inlet and outlet of the add-on control device simultaneously, using 
either Method 25 or 25A of appendix A to 40 CFR part 60, as specified in 
paragraphs (b)(1) through (3) of this section. You must use the same 
method for both the inlet and outlet measurements.
    (1) Use Method 25 of appendix A to 40 CFR part 60 if the add-on 
control device is an oxidizer, and you expect the total gaseous organic 
concentration as carbon to be more than 50 parts per million at the 
control device outlet.
    (2) Use Method 25A of appendix A to 40 CFR part 60 if the add-on 
control device is an oxidizer, and you expect the total gaseous organic 
concentration as carbon to be 50 ppm or less at the control device 
outlet.
    (c) For each test run, determine the total gaseous organic emissions 
mass flow rates for the inlet and the outlet of the add-on control 
device, using Equation 1 of this section. If there is more than one 
inlet or outlet to the add-on control device, you must calculate the 
total gaseous organic mass flow rate using Equation 1 of this section 
for each inlet and each outlet and then total all of the inlet emissions 
and total all of the outlet emissions.
[GRAPHIC] [TIFF OMITTED] TR27MY03.005

Where:

Mf = total gaseous organic emissions mass flow rate, kg/hour 
          (kg/h)
Cc = concentration of organic compounds as carbon in the vent 
          gas, as determined by Method 25 or Method 25A, parts per 
          million by volume (ppmv), dry basis
Qsd = volumetric flow rate of gases entering or exiting the 
          add-on control device, as determined by Method 2, 2A, 2C, 2D, 
          2F,

[[Page 47]]

          or 2G, dry standard cubic meters/hour (dscm/h)
0.0416 = conversion factor for molar volume, kg-moles per cubic meter 
          (mol/m\3\) (@ 293 Kelvin [K] and 760 millimeters of mercury 
          [mmHg]).

    (d) For each test run, determine the add-on control device organic 
emissions destruction or removal efficiency, using Equation 2 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR27MY03.006

Where:

DRE = organic emissions destruction or removal efficiency of the add-on 
          control device, percent
Mfi = total gaseous organic emissions mass flow rate at the 
          inlet(s) to the add-on control device, using Equation 1 of 
          this section, kg/h
Mfo = total gaseous organic emissions mass flow rate at the 
          outlet(s) of the add-on control device, using Equation 1 of 
          this section, kg/h.

    (e) Determine the emission destruction or removal efficiency of the 
add-on control device as the average of the efficiencies determined in 
the three test runs and calculated in Equation 2 of this section.



Sec.  63.9324  How do I establish the emission capture system and 
add-on control device operating limits during the performance test?

    During the performance test required bySec. 63.9310, you must 
establish the operating limits required bySec. 63.9302 according to 
this section, unless you have received approval for alternative 
monitoring and operating limits underSec. 63.8(f) as specified in 
Sec.  63.9302.
    (a) Thermal oxidizers. If your add-on control device is a thermal 
oxidizer, establish the operating limits according to paragraphs (a)(1) 
and (2) of this section.
    (1) During the performance test, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of the 
three test runs. You must monitor the temperature in the firebox of the 
thermal oxidizer or immediately downstream of the firebox before any 
substantial heat exchange occurs.
    (2) Use the data collected during the performance test to calculate 
and record the average combustion temperature maintained during the 
performance test. This average combustion temperature is the minimum 
operating limit for your thermal oxidizer.
    (b) Catalytic oxidizers. If your add-on control device is a 
catalytic oxidizer, establish the operating limits according to either 
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section.
    (1) During the performance test, you must monitor and record the 
temperature just before the catalyst bed and the temperature difference 
across the catalyst bed at least once every 15 minutes during each of 
the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature just before the catalyst bed and the 
average temperature difference across the catalyst bed maintained during 
the performance test. These are the minimum operating limits for your 
catalytic oxidizer.
    (3) As an alternative to monitoring the temperature difference 
across the catalyst bed, you may monitor the temperature at the inlet to 
the catalyst bed and implement a site-specific inspection and 
maintenance plan for your catalytic oxidizer as specified in paragraph 
(b)(4) of this section. During the performance test, you must monitor 
and record the temperature just before the catalyst bed at least once 
every 15 minutes during each of the three test runs. Use the data 
collected during the performance test to calculate and record the 
average temperature just before the catalyst bed during the performance 
test. This is the minimum operating limit for your catalytic oxidizer.
    (4) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (b)(3) of this section. The plan must address, at 
a minimum, the elements specified in paragraphs (b)(4)(i) through (iii) 
of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e., 
conversion

[[Page 48]]

efficiency) following the manufacturer's or catalyst supplier's 
recommended procedures.
    (ii) Monthly inspection of the oxidizer system, including the burner 
assembly and fuel supply lines for problems and, as necessary, adjust 
the equipment to assure proper air-to-fuel mixtures.
    (iii) Annual internal and monthly external visual inspection of the 
catalyst bed to check for channeling, abrasion, and settling. If 
problems are found, you must take corrective action consistent with the 
manufacturer's recommendation and conduct a new performance test to 
determine destruction efficiency according toSec. 63.9323.
    (c) Emission capture system. For each capture device that is not 
part of a PTE that meets the criteria ofSec. 63.9322(a), establish an 
operating limit for either the gas volumetric flow rate or duct static 
pressure, as specified in paragraphs (c)(1) and (2) of this section. The 
operating limit for a PTE is specified in Table 3 to this subpart.
    (1) During the capture efficiency determination required bySec. 
63.9310, you must monitor and record either the gas volumetric flow rate 
or the duct static pressure for each separate capture device in your 
emission capture system at least once every 15 minutes during each of 
the three test runs at a point in the duct between the capture device 
and the add-on control device inlet.
    (2) Calculate and record the average gas volumetric flow rate or 
duct static pressure for the three test runs for each capture device. 
This average gas volumetric flow rate or duct static pressure is the 
minimum operating limit for that specific capture device.



Sec.  63.9330  How do I demonstrate initial compliance with the 
emission limitation?

    (a) You must demonstrate initial compliance with the emission 
limitation that applies to you according to Table 3 to this subpart.
    (b) You must submit the Notification of Compliance Status containing 
results of the initial compliance demonstration according to the 
requirements inSec. 63.9345(c).

                   Continuous Compliance Requirements



Sec.  63.9335  How do I monitor and collect data to demonstrate
continuous compliance?

    (a) Except for monitor malfunctions, associated repairs, and 
required quality assurance or quality control activities (including, as 
applicable, calibration drift checks and required zero and high-level 
adjustments of the monitoring system), you must conduct all monitoring 
in continuous operation at all times the engine test cell/stand is 
operating.
    (b) Do not use data recorded during monitor malfunctions, associated 
repairs, and required quality assurance or quality control activities 
for meeting the requirements of this subpart, including data averages 
and calculations. You must use all the data collected during all other 
periods in assessing the performance of the emission control device or 
in assessing emissions from the new or reconstructed affected source.



Sec.  63.9340  How do I demonstrate continuous compliance with the
emission limitations?

    (a) You must demonstrate continuous compliance with the emission 
limitation in Table 1 to this subpart that applies to you according to 
methods specified in Table 5 to this subpart.
    (b) You must report each instance in paragraphs (b)(1) and (2) of 
this section. These instances are deviations from the emission 
limitation in this subpart and must be reported according to the 
requirements inSec. 63.9350.
    (1) You must report each instance in which you did not meet the 
emission limitation that applies to you.
    (2) You must report each instance in which you did not meet the 
requirements in Table 7 to this subpart that apply to you.
    (c) Startups, shutdowns, and malfunctions. (1) Consistent with 
Sec.Sec. 63.6(e) and 63.7(e)(1), deviations that occur during a period 
of SSM of control devices and associated monitoring equipment are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance withSec. 63.6(e)(1).

[[Page 49]]

    (2) The Administrator will determine whether deviations that occur 
during a period of SSM of control devices and associated monitoring 
equipment are violations, according to the provisions inSec. 63.6(e).

[68 FR 28785, May 27, 2003, as amended at 71 FR 20470, Apr. 20, 2006]

                   Notifications, Reports, and Records



Sec.  63.9345  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec.Sec. 63.8(e), 
63.8(f)(4) and (6), and 63.9(b), (g)(1), (g)(2) and (h) that apply to 
you by the dates specified.
    (b) If you own or operate a new or reconstructed test cell/stand 
used for testing internal combustion engines, you are required to submit 
an Initial Notification as specified in paragraphs (b)(1) through (3) of 
this section.
    (1) As specified inSec. 63.9(b)(2), if you start up your new or 
reconstructed affected source before the effective date of this subpart, 
you must submit an Initial Notification not later than 120 calendar days 
after May 27, 2003.
    (2) As specified inSec. 63.9(b), if you start up your new or 
reconstructed affected source on or after the effective date of this 
subpart, you must submit an Initial Notification not later than 120 
calendar days after you become subject to this subpart.
    (3) If you are required to submit an Initial Notification but are 
otherwise not affected by the requirements of this subpart, in 
accordance withSec. 63.9290(c), your notification should include the 
information inSec. 63.9(b)(2)(i) through (v) and a statement that your 
new or reconstructed engine test cell/stand has no additional 
requirements and explain the basis of the exclusion (for example, that 
the test cell/stand is used exclusively for testing internal combustion 
engines with rated power of less than 25 hp (19 kW)).
    (c) If you are required to comply with the emission limitations in 
Table 1 to this subpart, you must submit a Notification of Compliance 
Status according toSec. 63.9(h)(2)(ii). For each initial compliance 
demonstration with the emission limitation, you must submit the 
Notification of Compliance Status before the close of business on the 
30th calendar day following the completion of the initial compliance 
demonstration.
    (d) You must submit a notification of initial performance evaluation 
of your CEMS or performance testing of your control device at least 60 
calendar days before the performance testing/evaluation is scheduled to 
begin as required inSec. 63.8(e)(2).



Sec.  63.9350  What reports must I submit and when?

    (a) If you own or operate a new or reconstructed affected source 
that must meet the emission limitation, you must submit a semiannual 
compliance report according to Table 6 to this subpart by the applicable 
dates specified in paragraphs (a)(1) through (6) of this section, unless 
the Administrator has approved a different schedule.
    (1) The first semiannual compliance report must cover the period 
beginning on the compliance date specified inSec. 63.9295 and ending 
on June 30 or December 31, whichever date is the first date following 
the end of the first calendar half after the compliance date specified 
inSec. 63.9295.
    (2) The first semiannual compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date follows 
the end of the first calendar half after the compliance date that is 
specified inSec. 63.9295.
    (3) Each subsequent semiannual compliance report must cover the 
semiannual reporting period from January 1 through June 30 or the 
semiannual reporting period from July 1 through December 31.
    (4) Each subsequent semiannual compliance report must be postmarked 
or delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (5) For each new or reconstructed engine test cell/stand that is 
subject to permitting regulations pursuant to 40 CFR part 70 or 71, and 
if the permitting authority has established the date for submitting 
semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit

[[Page 50]]

the first and subsequent compliance reports according to the dates the 
permitting authority has established instead of according to the dates 
in paragraphs (a)(1) through (4) of this section.
    (6) If you had an SSM of a control device or associated monitoring 
equipment during the reporting period and you took actions consistent 
with your SSMP, the compliance report must include the information in 
paragraphsSec. 63.10(d)(5)(i).
    (b) If there is no deviation from the applicable emission limitation 
and the CEMS or CPMS was not out-of-control, according toSec. 
63.8(c)(7), the semiannual compliance report must contain the 
information described in paragraphs (b)(1) through (4) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) A statement that no deviation from the emission limit occurred 
during the reporting period and that no CEMS or CPMS was out-of-control, 
according toSec. 63.8(c)(7).
    (c) For each deviation from an emission limit, the semiannual 
compliance report must include the information in paragraphs (b)(1) 
through (3) of this section and the information included in paragraphs 
(c)(1) through (4) of this section.
    (1) The date and time that each deviation started and stopped.
    (2) The total operating time of each new or reconstructed engine 
test cell/stand during the reporting period.
    (3) A summary of the total duration of the deviation during the 
reporting period (recorded in 4-hour periods), and the total duration as 
a percent of the total operating time during that reporting period.
    (4) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to control equipment problems, 
process problems, other known causes, and other unknown causes.
    (d) For each CEMS or CPMS deviation, the semiannual compliance 
report must include the information in paragraphs (b)(1) through (3) of 
this section and the information included in paragraphs (d)(1) through 
(10) of this section.
    (1) The date and time that each CEMS or CPMS was inoperative except 
for zero (low-level) and high-level checks.
    (2) The date and time that each CEMS or CPMS was out-of-control 
including the information inSec. 63.8(c)(8).
    (3) A summary of the total duration of CEMS or CPMS downtime during 
the reporting period (reported in 4-hour periods), and the total 
duration of CEMS or CPMS downtime as a percent of the total engine test 
cell/stand operating time during that reporting period.
    (4) A breakdown of the total duration of CEMS or CPMS downtime 
during the reporting period into periods that are due to monitoring 
equipment malfunctions, nonmonitoring equipment malfunctions, quality 
assurance/quality control calibrations, other known causes and other 
unknown causes.
    (5) The monitoring equipment manufacturer(s) and model number(s) of 
each monitor.
    (6) The date of the latest CEMS or CPMS certification or audit.
    (7) The date and time period of each deviation from an operating 
limit in Table 2 to this subpart; date and time period of any bypass of 
the add-on control device; and whether each deviation occurred during a 
period of SSM or during another period.
    (8) A summary of the total duration of each deviation from an 
operating limit in Table 2 to this subpart, each bypass of the add-on 
control device during the semiannual reporting period, and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (9) A breakdown of the total duration of the deviations from the 
operating limits in Table 2 to this subpart and bypasses of the add-on 
control device during the semiannual reporting period by identifying 
deviations due to startup, shutdown, control equipment problems, process 
problems, other known causes, and other unknown causes.
    (10) A description of any changes in CEMS, CPMS, or controls since 
the last reporting period.

[[Page 51]]

    (e) If you had an SSM of a control device or associated monitoring 
equipment during the semiannual reporting period that was not consistent 
with your SSMP, you must submit an immediate SSM report according to the 
requirements inSec. 63.10(d)(5)(ii).



Sec.  63.9355  What records must I keep?

    (a) You must keep the records as described in paragraphs (a)(1) 
through (5) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirements inSec. 63.10(b)(2)(xiv).
    (2) Records of performance evaluations as required inSec. 
63.10(b)(2)(viii).
    (3) Records of the occurrence and duration of each malfunction of 
the air pollution control equipment, if applicable, as required inSec. 
63.10(b)(2)(ii).
    (4) Records of all maintenance on the air pollution control 
equipment, if applicable, as required inSec. 63.10(b)(iii).
    (5) The calculation of the mass of organic HAP emission reduction by 
emission capture systems and add-on control devices.
    (b) For each CPMS, you must keep the records as described in 
paragraphs (b)(1) through (7) of this section.
    (1) For each deviation, a record of whether the deviation occurred 
during a period of SSM of the control device and associated monitoring 
equipment.
    (2) The records inSec. 63.6(e)(3)(iii) through (v) related to SSM.
    (3) The records required to show continuous compliance with each 
operating limit specified in Table 2 to this subpart that applies to 
you.
    (4) For each capture system that is a PTE, the data and 
documentation you used to support a determination that the capture 
system meets the criteria in Method 204 of appendix M to 40 CFR part 51 
for a PTE and has a capture efficiency of 100 percent, as specified in 
Sec.  63.9322(a).
    (5) For each capture system that is not a PTE, the data and 
documentation you used to determine capture efficiency according to the 
requirements specified in Sec.Sec. 63.9321 and 63.9322(b) through (e), 
including the records specified in paragraphs (b)(5)(i) and (ii) of this 
section that apply to you.
    (i) Records for a gas-to-gas protocol using a temporary total 
enclosure or a building enclosure. Records of the mass of TVH emissions 
captured by the emission capture system as measured by Method 204B or C 
of appendix M to 40 CFR part 51 at the inlet to the add-on control 
device, including a copy of the test report. Records of the mass of TVH 
emissions not captured by the capture system that exited the temporary 
total enclosure or building enclosure during each capture efficiency 
test run as measured by Method 204D or E of appendix M to 40 CFR part 
51, including a copy of the test report. Records documenting that the 
enclosure used for the capture efficiency test met the criteria in 
Method 204 of appendix M to 40 CFR part 51 for either a temporary total 
enclosure or a building enclosure.
    (ii) Records for an alternative protocol. Records needed to document 
a capture efficiency determination using an alternative method or 
protocol as specified inSec. 63.9322(e), if applicable.
    (6) The records specified in paragraphs (b)(6)(i) and (ii) of this 
section for each add-on control device organic HAP destruction or 
removal efficiency determination as specified inSec. 63.9323.
    (i) Records of each add-on control device performance test conducted 
according to Sec.Sec. 63.9321, 63.9322, and 63.9323.
    (ii) Records of the engine testing conditions during the add-on 
control device performance test showing that the performance test was 
conducted under representative operating conditions.
    (7) Records of the data and calculations you used to establish the 
emission capture and add-on control device operating limits as specified 
inSec. 63.9324 and to document compliance with the operating limits as 
specified in Table 2 to this subpart.
    (c) For each CEMS, you must keep the records as described in 
paragraphs (c)(1) through (4) of this section.
    (1) Records described inSec. 63.10(b)(2)(vi) through (xi).
    (2) Previous (i.e., superceded) versions of the performance 
evaluation plan as required inSec. 63.8(d)(3).

[[Page 52]]

    (3) Request for alternatives to the relative accuracy test for CEMS 
as required inSec. 63.8(f)(6)(i), if applicable.
    (4) The records inSec. 63.6(e)(3)(iii) through (v) related to SSM 
of the control device and associated monitoring equipment.
    (d) You must keep the records required in Table 5 to this subpart to 
show continuous compliance with each emission limitation that applies to 
you.



Sec.  63.9360  In what form and how long must I keep my records?

    (a) You must maintain all applicable records in such a manner that 
they can be readily accessed and are suitable for inspection according 
toSec. 63.10(b)(1).
    (b) As specified inSec. 63.10(b)(1), you must keep each records 
for 5 years following the date of each occurrence, measurement, 
maintenance, corrective action, report, or record.
    (c) You must retain your records of the most recent 2 years on site, 
or your records must be accessible on site. Your records of the 
remaining 3 years may be retained off site.

                   Other Requirements and Information



Sec.  63.9365  What parts of the General Provisions apply to me?

    Table 7 to this subpart shows which parts of the General Provisions 
in Sec.Sec. 63.1 through 63.15 apply to you.



Sec.  63.9370  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
EPA, or a delegated authority such as your State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to your 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. You 
should contact your U.S. EPA Regional Office to find out if 
implementation and enforcement of 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 section 40 CFR part 
63, subpart E, the authorities contained in paragraph (c) of this 
section are retained by the Administrator of U.S. EPA and are not 
transferred to the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are described in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of alternatives to the emission limitations inSec. 
63.9300 underSec. 63.6(g).
    (2) Approval of major changes to test methods underSec. 
63.7(e)(2)(ii) and (f) and as defined inSec. 63.90.
    (3) Approval of major changes to monitoring underSec. 63.8(f) and 
as defined inSec. 63.90.
    (4) Approval of major changes to recordkeeping and reporting under 
Sec.  63.10(f) and as defined inSec. 63.90.



Sec.  63.9375  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA; in 40 CFR 63.2, 
and in this section:
    CAA means the Clean Air Act (42 U.S.C. 7401 et seq., as amended by 
Public Law 101-549, 104 Statute 2399).
    Area source means any stationary source of HAP that is not a major 
source as defined in this part.
    Combustion turbine engine means a device in which air is compressed 
in a compressor, enters a combustion chamber, and is compressed further 
by the combustion of fuel injected into the combustion chamber. The hot 
compressed combustion gases then expand over a series of curved vanes or 
blades arranged on a central spindle that rotates.
    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 limitations;
    (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

[[Page 53]]

    (3) Fails to meet any emission limitation in this subpart during 
malfunction, regardless or whether or not such failure is permitted by 
this subpart.
    Engine means any internal combustion engine, any combustion turbine 
engine, or any rocket engine.
    Engine Test Cell/Stand means any apparatus used for testing 
uninstalled stationary or uninstalled mobile (motive) engines.
    Hazardous Air Pollutant (HAP) means any air pollutant listed in or 
pursuant to section 112(b) of the CAA.
    Internal combustion engine means a device in which air enters a 
combustion chamber, is mixed with fuel, compressed in the chamber, and 
combusted. Fuel may enter the combustion chamber with the air or be 
injected into the combustion chamber. Expansion of the hot combustion 
gases in the chamber rotates a shaft, either through a reciprocating or 
rotary action. For purposes of this subpart, this definition does not 
include combustion turbine engines.
    Major source, as used in this subpart, shall have the same meaning 
as inSec. 63.2.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner which 
causes, or has the potential to 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.
    Rated power means the maximum power output of an engine in use.
    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.
    Responsible official means responsible official as defined by 40 CFR 
70.2.
    Rocket engine means a device consisting of a combustion chamber in 
which materials referred to as propellants, which provide both the fuel 
and the oxygen for combustion, are burned. Combustion gases escape 
through a nozzle, providing thrust.
    Uninstalled engine means an engine not installed in, or an 
integrated part of, the final product.

[68 FR 28785, May 27, 2003, as amended at 71 FR 20470, Apr. 20, 2006]



     Sec. Table 1 to Subpart PPPPP of Part 63--Emission Limitations

    You must comply with the emission limits that apply to your affected 
source in the following table as required bySec. 63.9300.

------------------------------------------------------------------------
 For each new or reconstructed affected
    source located at a major source         You must meet one of the
  facility that is used in whole or in   following emission limitations:
         part for testing . . .
------------------------------------------------------------------------
1. internal combustion engines with      a. limit the concentration of
 rated power of 25 hp (19 kW) or more.    CO or THC to 20 ppmvd or less
                                          (corrected to 15 percent O2
                                          content); or
                                         b. achieve a reduction in CO or
                                          THC of 96 percent or more
                                          between the inlet and outlet
                                          concentrations (corrected to
                                          15 percent O2 content) of the
                                          emission control device.
------------------------------------------------------------------------



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

    If you are required to comply with operating limits inSec. 
63.9302, you must comply with the applicable operating limits in the 
following table:

[[Page 54]]



------------------------------------------------------------------------
                                                        and you must
                                                         demonstrate
For the following device . .    You must meet the        continuous
              .                following operating   compliance with the
                                   limit . . .      operating limit by .
                                                             . .
------------------------------------------------------------------------
1. Thermal oxidizer.........  a. The average        i. Collecting the
                               combustion            combustion
                               temperature in any    temperature data
                               3-hour period must    according to Sec.
                               not fall below the    63.9306(c);
                               combustion           ii. Reducing the
                               temperature limit     data to 3-hour
                               established           block averages; and
                               according toSec.   iii. Maintaining the
                               63.9324(a).           3-hour average
                                                     combustion
                                                     temperature at or
                                                     above the
                                                     temperature limit.
------------------------------------------------------------------------
2. Catalytic oxidizer.......  a. The average        i. Collecting the
                               temperature           temperature data
                               measured just         according to Sec.
                               before the catalyst   63.9306(c);
                               bed in any 3-hour    ii. Reducing the
                               period must not       data to 3-hour
                               fall below the        block averages; and
                               limit established    iii. Maintaining the
                               according toSec.    3-hour average
                               63.9324(b).           temperature before
                                                     the catalyst bed at
                                                     or above the
                                                     temperature limit.
                              b. Either ensure      i. Either collecting
                               that the average      the temperature
                               temperature           data according to
                               difference across   Sec. 63.9306(c),
                               the catalyst bed in   reducing the data
                               any 3-hour period     to 3-hour block
                               does not fall below   averages, and
                               the temperature       maintaining the 3-
                               difference limit      hour average
                               established           temperature
                               according toSec.    difference at or
                               63.9324(b)(2) or      above the
                               develop and           temperature
                               implement an          difference limit;
                               inspection and        or
                               maintenance plan     ii. Complying with
                               according toSec.    the inspection and
                               63.9324(b)(3) and     maintenance plan
                               (4).                  developed according
                                                     to Sec.
                                                     63.9324(b)(3) and
                                                     (4).
------------------------------------------------------------------------
3. Emission capture system    a. The direction of   i. Collecting the
 that is a PTE according to    the air flow at all   direction of air
Sec.  63.9322(a).            times must be into    flow; and either
                               the enclosure; and    the facial velocity
                               either                of air through all
                                                     natural draft
                                                     openings according
                                                     to Sec.
                                                     63.9306(d)(1) or
                                                     the pressure drop
                                                     across the
                                                     enclosure according
                                                     to Sec.
                                                     63.9306(d)(2); and
                                                    ii. Maintaining the
                                                     facial velocity of
                                                     air flow through
                                                     all natural draft
                                                     openings or the
                                                     pressure drop at or
                                                     above the facial
                                                     velocity limit or
                                                     pressure drop
                                                     limit, and
                                                     maintaining the
                                                     direction of air
                                                     flow into the
                                                     enclosure at all
                                                     times.
                              b. The average        Follow the
                               facial velocity of    requirements in 3ai
                               air through all       and ii of this
                               natural draft         table.
                               openings in the
                               enclosure must be
                               at least 200 feet
                               per minute; or
                              c. The pressure drop  Follow the
                               across the            requirements in 3ai
                               enclosure must be     and ii of this
                               at least 0.007 inch   table.
                               H2O, as established
                               in Method 204 of
                               appendix M to 40
                               CFR part 51.
------------------------------------------------------------------------
4. Emission capture system    a. The average gas    i. Collecting the
 that is not a PTE according   volumetric flow       gas volumetric flow
 toSec.  63.9322(a).         rate or duct static   rate or duct static
                               pressure in each      pressure for each
                               duct between a        capture device
                               capture device and    according to Sec.
                               add-on control        63.9306(d);
                               device inlet in any  ii. Reducing the
                               3-hour period must    data to 3-hour
                               not fall below the    block averages; and
                               average volumetric   iii. Maintaining the
                               flow rate or duct     3-hour average gas
                               static pressure       volumetric flow
                               limit established     rate or duct static
                               for that capture      pressure for each
                               device according      capture device at
                             Sec. 63.9306(d).    or above the gas
                                                     volumetric flow
                                                     rate or duct static
                                                     pressure limit.
------------------------------------------------------------------------



   Sec. Table 3 to Subpart PPPPP of Part 63--Requirements for Initial 
                        Compliance Demonstrations

    As stated inSec. 63.9321, you must demonstrate initial compliance 
with each emission limitation that applies to you according to the 
following table:

[[Page 55]]



----------------------------------------------------------------------------------------------------------------
                                                                                             According to the
    For each new or reconstructed           You must . . .            Using . . .         following requirements
 affected source complying with . . .                                                             . . .
----------------------------------------------------------------------------------------------------------------
1. The CO or THC outlet concentration  a. Demonstrate CO or     i. EPA Methods 3A and    You must demonstrate
 emission limitation.                   THC emissions are 20     10 of appendix A to 40   that the outlet
                                        ppmvd or less.           CFR part 60 for CO       concentration of CO or
                                                                 measurement or EPA       THC emissions from the
                                                                 Method 25A of appendix   test cell/stand or
                                                                 A to 40 CFR part 60      emission control
                                                                 for THC measurement;     device is 20 ppmvd or
                                                                 or                       less, corrected to 15
                                                                                          percent O2 content,
                                                                                          using the first 4-hour
                                                                                          rolling average after
                                                                                          a successful
                                                                                          performance
                                                                                          evaluation.
                                                                ii. A CEMS for CO or     This demonstration is
                                                                 THC and O2 at the        conducted immediately
                                                                 outlet of the engine     following a successful
                                                                 test cell/stand or       performance evaluation
                                                                 emission control         of the CEMS as
                                                                 device.                  required in Sec.
                                                                                          63.9320(b). The
                                                                                          demonstration consists
                                                                                          of the first 4-hour
                                                                                          rolling average of
                                                                                          measurements. The CO
                                                                                          or THC concentration
                                                                                          must be corrected to
                                                                                          15 percent O2 content,
                                                                                          dry basis using
                                                                                          Equation 1 in Sec.
                                                                                          63.9320.
----------------------------------------------------------------------------------------------------------------
2. The CO or THC percent reduction     a. Demonstrate a         i. You must conduct an   You must demonstrate
 emission limitation.                   reduction in CO or THC   initial performance      that the reduction in
                                        of 96 percent or more.   test to determine the    CO or THC emissions is
                                                                 capture and control      at least 96 percent
                                                                 efficiencies of the      using the first 4-hour
                                                                 equipment and to         rolling average after
                                                                 establish operating      a successful
                                                                 limits to be achieved    performance
                                                                 on a continuous basis;   evaluation. Your inlet
                                                                 or                       and outlet
                                                                                          measurements must be
                                                                                          on a dry basis and
                                                                                          corrected to 15
                                                                                          percent O2 content.
                                                                ii. A CEMS for CO or     This demonstration is
                                                                 THC and O2 at both the   conducted immediately
                                                                 inlet and outlet of      following a successful
                                                                 the emission control     performance evaluation
                                                                 device.                  of the CEMS as
                                                                                          required in Sec.
                                                                                          63.9320(b). The
                                                                                          demonstration consists
                                                                                          of the first 4-hour
                                                                                          rolling average of
                                                                                          measurements. The
                                                                                          inlet and outlet CO or
                                                                                          THC concentrations
                                                                                          must be corrected to
                                                                                          15 percent O2 content
                                                                                          using Equation 1 in
                                                                                        Sec. 63.9320. The
                                                                                          reduction in CO or THC
                                                                                          is calculated using
                                                                                          Equation 2 in Sec.
                                                                                          63.9320.
----------------------------------------------------------------------------------------------------------------



   Sec. Table 4 to Subpart PPPPP of Part 63--Initial Compliance With 
                          Emission Limitations

    As stated inSec. 63.9330, you must demonstrate initial compliance 
with each emission limitation that applies to you according to the 
following table:

------------------------------------------------------------------------
                                          You have demonstrated initial
             For the . . .                     compliance if . . .
------------------------------------------------------------------------
1. CO or THC concentration emission      The first 4-hour rolling
 limitation.                              average CO or THC
                                          concentration is 20 ppmvd or
                                          less, corrected to 15 percent
                                          O2 content.
------------------------------------------------------------------------
2. CO or THC percent reduction emission  The first 4-hour rolling
 limitation.                              average reduction in CO or THC
                                          is 96 percent or more, dry
                                          basis, corrected to 15 percent
                                          O2 content.
------------------------------------------------------------------------


[[Page 56]]



  Sec. Table 5 to Subpart PPPPP of Part 63--Continuous Compliance With 
                          Emission Limitations

    As stated inSec. 63.9340, you must demonstrate continuous 
compliance with each emission limitation that applies to you according 
to the following table:

------------------------------------------------------------------------
        For the . . .            You must . . .           By . . .
------------------------------------------------------------------------
1. CO or THC concentration    a. Demonstrate CO or  i. Collecting the
 emission limitation.          THC emissions are     CPMS data according
                               20 ppmvd or less      to Sec.
                               over each 4-hour      63.9306(a),
                               rolling averaging     reducing the
                               period.               measurements to 1-
                                                     hour averages; or
                                                    ii. Collecting the
                                                     CEMS data according
                                                     to Sec.
                                                     63.9307(a),
                                                     reducing the
                                                     measurements to 1-
                                                     hour averages,
                                                     correcting them to
                                                     15 percent O2
                                                     content, dry basis,
                                                     according to Sec.
                                                     63.9320;
------------------------------------------------------------------------
2. CO or THC percent          a. Demonstrate a      i. Collecting the
 reduction emission            reduction in CO or    CPMS data according
 limitation.                   THC of 96 percent     to Sec.
                               or more over each 4-  63.9306(a),
                               hour rolling          reducing the
                               averaging period.     measurements to 1-
                                                     hour averages; or
                                                    ii. Collecting the
                                                     CEMS data according
                                                     to Sec.
                                                     63.9307(b),
                                                     reducing the
                                                     measurements to 1-
                                                     hour averages,
                                                     correcting them to
                                                     15 percent O2
                                                     content, dry basis,
                                                     calculating the CO
                                                     or THC percent
                                                     reduction according
                                                     toSec.  63.9320.
------------------------------------------------------------------------



   Sec. Table 6 to Subpart PPPPP of Part 63--Requirements for Reports

    As stated inSec. 63.9350, you must submit each report that applies 
to you according to the following table:

------------------------------------------------------------------------
 If you own or operate a new
  or reconstructed affected
source that must comply with     The report must     You must submit the
  emission limitations, you       contain . . .         report . . .
     must submit a . . .
------------------------------------------------------------------------
1. Compliance report........  a. If there are no    Semiannually,
                               deviations from the   according to the
                               emission              requirements in
                               limitations that    Sec. 63.9350.
                               apply to you, a
                               statement that
                               there were no
                               deviations from the
                               emission
                               limitations during
                               the reporting
                               period.
                              b. If there were no   Semiannually,
                               periods during        according to the
                               which the CEMS or     requirements in
                               CPMS were out of    Sec. 63.9350.
                               control as
                               specified in Sec.
                               63.8(c)(7), a
                               statement that
                               there were no
                               periods during
                               which the CEMS or
                               CPMS was out of
                               control during the
                               reporting period.
                              c. If you have a      Semiannually,
                               deviation from any    according to the
                               emission limitation   requirements in
                               during the          Sec. 63.9350.
                               reporting period,
                               the report must
                               contain the
                               information in Sec.
                                 63.9350(c).
                              d. If there were      Semiannually,
                               periods during        according to the
                               which the CEMS or     requirements in
                               CPMS were out of    Sec. 63.9350.
                               control, as
                               specified in Sec.
                               63.8(c)(7), that
                               report must contain
                               the information in
                             Sec. 63.9350(d).
                              e. If you had an SSM  Semiannually,
                               of a control device   according to the
                               or associated         requirements in
                               monitoring          Sec. 63.9350.
                               equipment during
                               the reporting
                               period, the report
                               must include the
                               information in Sec.
                                 63.10(d)(5)(i).
------------------------------------------------------------------------



   Sec. Table 7 to Subpart PPPPP of Part 63--Applicability of General 
                       Provisions to Subpart PPPPP

    As stated in 63.9365, you must comply with the General Provisions in 
Sec.Sec. 63.1 through 63.15 that apply to you according to the 
following table:

[[Page 57]]



----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
               Citation                        Subject             Brief description              PPPPP
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)....................  Applicability..........  General applicability    Yes. Additional terms
                                                                 of the General           defined in Sec.
                                                                 Provisions.              63.9375.
Sec.   63.1(a)(2)-(4)................  Applicability..........  Applicability of source  Yes.
                                                                 categories.
Sec.   63.1(a)(5)....................  [Reserved].............
Sec.   63.1(a)(6)-(7)................  Applicability..........  Contact for source       Yes.
                                                                 category information;
                                                                 extension of
                                                                 compliance through
                                                                 early reduction.
Sec.   63.1(a)(8)....................  Applicability..........  Establishment of State   No. Refers to State
                                                                 rules or programs.       programs.
Sec.   63.1(a)(9)....................  [Reserved].............
Sec.   63.1(a)(10)-(14)..............  Applicability..........  Explanation of time      Yes.
                                                                 periods, postmark
                                                                 deadlines.
Sec.   63.1(b)(1)....................  Applicability..........  Initial applicability..  Yes. Subpart PPPPP
                                                                                          clarifies
                                                                                          applicability at Sec.
                                                                                           63.9285.
Sec.   63.1(b)(2)....................  Applicability..........  Title V operating        Yes. All major affected
                                                                 permit-reference to      sources are required
                                                                 part 70.                 to obtain a Title V
                                                                                          permit.
Sec.   63.1(b)(3)....................  Applicability..........  Record of applicability  Yes.
                                                                 determination.
Sec.   63.1(c)(1)....................  Applicability..........  Applicability after      Yes. Subpart PPPPP
                                                                 standards are set.       clarifies the
                                                                                          applicability of each
                                                                                          paragraph of subpart A
                                                                                          to sources subject to
                                                                                          subpart PPPPP.
Sec.   63.1(c)(2)....................  Applicability..........  Title V permit           No. Area sources are
                                                                 requirement for area     not subject to subpart
                                                                 sources.                 PPPPP.
Sec.   63.1(c)(3)....................  [Reserved].............
Sec.   63.1(c)(4)....................  Applicability..........  Extension of compliance  No. Existing sources
                                                                 for existing sources.    are not covered by the
                                                                                          substantive control
                                                                                          requirements of
                                                                                          subpart PPPPP.
Sec.   63.1(c)(5)....................  Applicability..........  Notification             Yes.
                                                                 requirements for an
                                                                 area source becoming a
                                                                 major source.
Sec.   63.1(d).......................  [Reserved].............
Sec.   63.1(e).......................  Applicability..........  Applicability of permit  Yes.
                                                                 program before a
                                                                 relevant standard has
                                                                 been set.
Sec.   63.2..........................  Definitions............  Definitions for Part 63  Yes. Additional
                                                                 standards.               definitions are
                                                                                          specified in Sec.
                                                                                          63.9375.
Sec.   63.3..........................  Units and Abbreviations  Units and abbreviations  Yes.
                                                                 for Part 63 standards.
Sec.   63.4..........................  Prohibited Activities..  Prohibited activities;   Yes.
                                                                 compliance date;
                                                                 circumvention,
                                                                 severability.
Sec.   63.5(a).......................  Construction/            Construction and         Yes.
                                        Reconstruction.          reconstruction--applic
                                                                 ability.
Sec.   63.5(b)(1)....................  Construction/            Requirements upon        Yes.
                                        Reconstruction.          construction or
                                                                 reconstruction.
Sec.   63.5(b)(2)....................  [Reserved].
Sec.   63.5(b)(3)....................  Construction/            Approval of              Yes.
                                        Reconstruction.          construction.
Sec.   63.5(b)(4)....................  Construction/            Notification of          Yes.
                                        Reconstruction.          construction.
Sec.   63.5(b)(5)....................  Construction/            Compliance.............  Yes.
                                        Reconstruction.
Sec.   63.5(b)(6)....................  Construction/            Addition of equipment..  Yes.
                                        Reconstruction.
Sec.   63.5(c).......................  [Reserved]
Sec.   63.5(d).......................  Construction/            Application for          Yes.
                                        Reconstruction.          construction
                                                                 reconstruction.
Sec.   63.5(e).......................  Construction/            Approval of              Yes.
                                        Reconstruction.          construction or
                                                                 reconstruction.
Sec.   63.5(f).......................  Construction/            Approval of              Yes.
                                        Reconstruction.          construction or
                                                                 reconstruction based
                                                                 on prior State review.
Sec.   63.6(a).......................  Applicability..........  Applicability of         Yes.
                                                                 standards and
                                                                 monitoring
                                                                 requirements.
Sec.   63.6(b)(1)-(2)................  Compliance Dates for     Standards apply at       Yes.
                                        New and Reconstructed    effective date; 3
                                        Sources.                 years after effective
                                                                 date; upon startup; 10
                                                                 years after
                                                                 construction or
                                                                 reconstruction
                                                                 commences for 112(f).

[[Page 58]]

 
Sec.   63.6(b)(3)....................  Compliance Dates for     Compliance dates for     No. Compliance is
                                        New and Reconstructed    sources constructed or   required by startup or
                                        Sources.                 reconstructed before     effective date.
                                                                 effective date.
Sec.   63.6(b)(4)....................  Compliance Dates for     Compliance dates for     Yes.
                                        New and Reconstructed    sources also subject
                                        Sources.                 toSec.  112(f)
                                                                 standards.
Sec.   63.6(b)(5)....................  Compliance Dates for     Notification...........  Yes.
                                        New and Reconstructed
                                        Sources.
Sec.   63.6(b)(6)....................  [Reserved].
Sec.   63.6(b)(7)....................  Compliance Dates for     Compliance dates for     Yes.
                                        New and Reconstructed    new and reconstructed
                                        Sources.                 area sources that
                                                                 become major.
Sec.   63.6(c)(1)-(2)................  Compliance Dates for     Effective date           No. Existing sources
                                        Existing Sources.        establishes compliance   are not covered by the
                                                                 date.                    substantive control
                                                                                          requirements of
                                                                                          subpart PPPPP.
Sec.   63.6(c)(3)-(4)................  [Reserved].
Sec.   63.6(c)(5)....................  Compliance Dates for     Compliance dates for     Yes. If the area source
                                        Existing Sources.        existing area sources    become a major source
                                                                 that becomes major.      by addition or
                                                                                          reconstruction, the
                                                                                          added or reconstructed
                                                                                          portion will be
                                                                                          subject to subpart
                                                                                          PPPPP.
Sec.   63.6(d).......................  [Reserved].
Sec.   63.6(e)(1)-(2)................  Operation and            Operation and            Yes. Except that you
                                        Maintenance              maintenance.             are not required to
                                        Requirements.                                     have an SSMP for
                                                                                          control devices and
                                                                                          associated monitoring
                                                                                          equipment.
Sec.   63.6(e)(3)....................  SSMP...................  1. Requirement for SSM   Yes. You must develop
                                                                 and SSMP.                an SSMP for each
                                                                2. Content of SSMP.....   control device and
                                                                                          associated monitoring
                                                                                          equipment.
Sec.   63.6(f)(1)....................  Compliance Except        You must comply with     Yes, but you must
                                        During SSM.              emission standards at    comply with emission
                                                                 all times except         standards at all times
                                                                 during SSM of control    except during SSM of
                                                                 devices or associated    control devices and
                                                                 monitoring equipment.    associated monitoring
                                                                                          equipment only.
Sec.   63.6(f)(2)-(3)................  Methods for Determining  Compliance based on      Yes.
                                        Compliance.              performance test,
                                                                 operation and
                                                                 maintenance plans,
                                                                 records, inspection.
Sec.   63.6(g)(1)-(3)................  Alternative Standard...  Procedures for getting   Yes.
                                                                 an alternative
                                                                 standard.
Sec.   63.6(h).......................  Opacity/Visible          Requirements for         No. Subpart PPPPP does
                                        Emission (VE)            opacity/VE standards.    not establish opacity/
                                        Standards.                                        VE standards and does
                                                                                          not require continuous
                                                                                          opacity monitoring
                                                                                          systems (COMS).
Sec.   63.6(i)(1)-(14)...............  Compliance Extension...  Procedures and criteria  No. Compliance
                                                                 for Administrator to     extension provisions
                                                                 grant compliance         apply to existing
                                                                 extension.               sources, which do not
                                                                                          have emission
                                                                                          limitations in subpart
                                                                                          PPPPP.
Sec.   63.6(j).......................  Presidential Compliance  President may exempt     Yes.
                                        Exemption.               source category from
                                                                 requirement to comply
                                                                 with rule.
Sec.   63.7(a)(1)-(2)................  Performance Test Dates.  Dates for conducting     Yes.
                                                                 initial performance
                                                                 testing and other
                                                                 compliance
                                                                 demonstrations: Must
                                                                 conduct within 180
                                                                 days after first
                                                                 subject to rule.
Sec.   63.7(a)(3)....................  Section 114 Authority..  Administrator may        Yes.
                                                                 require a performance
                                                                 test under CAA Section
                                                                 114 at any time.
Sec.   63.7(b)(1)....................  Notification             Must notify              Yes.
                                        Performance Test.        Administrator 60 days
                                                                 before the test.

[[Page 59]]

 
Sec.   63.7(b)(2)....................  Notification of          If have to reschedule    Yes.
                                        Rescheduling.            performance test, must
                                                                 notify Administrator 5
                                                                 days before schedule
                                                                 date of rescheduled
                                                                 date.
Sec.   63.7(c).......................  Quality Assurance/Test   1. Requirement to        Yes.
                                        Plan.                    submit site-specific
                                                                 test plan 60 days
                                                                 before the test or on
                                                                 date Administrator
                                                                 agrees with.
                                                                2. Test plan approval    Yes.
                                                                 procedures.
                                                                3. Performance audit     Yes.
                                                                 requirements.
                                                                4. Internal and          Yes.
                                                                 external QA procedures
                                                                 for testing.
Sec.   63.7(d).......................  Testing Facilities.....  Requirements for         Yes.
                                                                 testing facilities.
Sec.   63.7(e)(1)....................  Conditions for           Performance tests must   Yes.
                                        Conducting Performance   be conducted under
                                        Tests.                   representative
                                                                 conditions; cannot
                                                                 conduct performance
                                                                 tests during SSM; not
                                                                 a violation to exceed
                                                                 standard during SSM.
Sec.   63.7(e)(2)....................  Conditions for           Must conduct according   Yes.
                                        Conducting Performance   to rule and EPA test
                                        Tests.                   methods unless
                                                                 Administrator approves
                                                                 alternative.
Sec.   63.7(e)(3)....................  Test Run Duration......  1. Must have three test  Yes.
                                                                 runs of at least 1
                                                                 hour each.
                                                                2. Compliance is based   Yes.
                                                                 on arithmetic mean of
                                                                 three runs.
                                                                3. Conditions when data  Yes.
                                                                 from an additional
                                                                 test run can be used.
Sec.   63.7(e)(4)....................  Other Performance        Administrator may        Yes.
                                        Testing.                 require other testing
                                                                 under section 114 of
                                                                 the CAA.
Sec.   63.7(f).......................  Alternative Test Method  Procedures by which      Yes.
                                                                 Administrator can
                                                                 grant approval to use
                                                                 an alternative test
                                                                 method.
Sec.   63.7(g).......................  Performance Test Data    1. Must include raw      Yes.
                                        Analysis.                data in performance
                                                                 test report.
                                                                2. Must submit           Yes.
                                                                 performance test data
                                                                 60 days after end of
                                                                 test with the
                                                                 Notification of
                                                                 Compliance Status.
                                                                3. Keep data for 5       Yes.
                                                                 years.
Sec.   63.7(h).......................  Waiver of Tests........  Procedures for           Yes.
                                                                 Administrator to waive
                                                                 performance test.
Sec.   63.8(a)(1)....................  Applicability of         Subject to all           Yes. Subpart PPPPP
                                        Monitoring               monitoring               contains specific
                                        Requirements.            requirements in          requirements for
                                                                 standard.                monitoring at Sec.
                                                                                          63.9325.
Sec.   63.8(a)(2)....................  Performance              Performance              Yes.
                                        Specifications.          Specifications in
                                                                 appendix B of part 60
                                                                 apply.
Sec.   63.8(a)(3)....................  [Reserved]
Sec.   63.8(a)(4)....................  Monitoring with Flares.  Unless your rule says    No. Subpart PPPPP does
                                                                 otherwise, the           not have monitoring
                                                                 requirements for         requirements for
                                                                 flares in 63.11 apply.   flares.
Sec.   63.8(b)(1)....................  Monitoring.............  Must conduct monitoring  Yes.
                                                                 according to standard
                                                                 unless Administrator
                                                                 approves alternative.
Sec.   63.8(b)(2)-(3)................  Multiple Effluents and   1. Specific              Yes.
                                        Multiple Monitoring      requirements for
                                        Systems.                 installing monitoring
                                                                 systems.

[[Page 60]]

 
                                                                2. Must install on each  Yes.
                                                                 effluent before it is
                                                                 combined and before it
                                                                 is released to the
                                                                 atmosphere unless
                                                                 Administrator approves
                                                                 otherwise.
                                                                3. If more than one      Yes.
                                                                 monitoring system on
                                                                 an emission point,
                                                                 must report all
                                                                 monitoring system
                                                                 results, unless one
                                                                 monitoring system is a
                                                                 backup.
Sec.   63.8(c)(1)....................  Monitoring System        Maintain monitoring      Yes.
                                        Operation and            system in a manner
                                        Maintenance.             consistent with good
                                                                 air pollution control
                                                                 practices.
Sec.   63.8(c)(1)(i).................  Routine and predictable  1. Keep parts for        Yes.
                                        CMS malfunctions.        routine repairs of CMS
                                                                 readily available.
                                                                2. Reporting
                                                                 requirements for SSM
                                                                 when action is
                                                                 described in SSMP.
                                                                3. Reporting             Yes.
                                                                 requirements for SSM
                                                                 when action is
                                                                 described in SSMP.
Sec.   63.8(c)(1)(ii)................  SSM of CMS Not in SSMP.  Reporting requirements   Yes.
                                                                 for SSM of CMS when
                                                                 action is not
                                                                 described in SSMP.
Sec.   63.8(c)(1)(iii)...............  Compliance with          1. How Administrator     Yes.
                                        Operation and            determines if source
                                        Maintenance              complying with
                                        Requirements.            operation and
                                                                 maintenance
                                                                 requirements.
                                                                2. Review of source O&M
                                                                 procedures, records,
                                                                 manufacturer's
                                                                 instructions and
                                                                 recommendations, and
                                                                 inspection.
Sec.   63.8(c)(2)-(3)................  Monitoring System        1. Must install to get   Yes.
                                        Installation.            representative
                                                                 emission of parameter
                                                                 measurements.
                                                                2. Must verify           Yes.
                                                                 operational status
                                                                 before or at
                                                                 performance test.
Sec.   63.8(c)(4)....................  Continuous Monitoring    1. CMS must be           No. Follow specific
                                        System (CMS)             operating except         requirements in Sec.
                                        Requirements.            during breakdown, out    63.9335(a) and (b) of
                                                                 of control, repair,      subpart PPPPP.
                                                                 maintenance, and high-
                                                                 level calibration
                                                                 drifts.
                                                                2. COMS must have a      No. Follow specific
                                                                 minimum of one cycle     requirements in Sec.
                                                                 of sampling and          63.9335(a) and (b) of
                                                                 analysis for each        subpart PPPP.
                                                                 successive 10-second
                                                                 period and one cycle
                                                                 of data recording for
                                                                 each successive 6-
                                                                 minute period.
                                                                3. CEMS must have a      No. Follow specific
                                                                 minimum of one cycle     requirements in Sec.
                                                                 of operation for each    63.9335(a) and (b) of
                                                                 successive 15-minute     subpart PPPPP.
                                                                 period.
Sec.   63.8(c)(5)....................  COMS Minimum Procedures  COMS minimum procedures  No. Subpart PPPPP does
                                                                                          not have opacity/VE
                                                                                          standards.
Sec.   63.8(c)(6)-(8)................  CMS Requirements.......  Zero and high-level      Yes. Except that PPPP
                                                                 calibration check        does not require COMS.
                                                                 requirements, out-of-
                                                                 control periods.
Sec.   63.8(d).......................  CMS Quality Control....  1. Requirements for CMS  Yes.
                                                                 quality control,
                                                                 including calibration,
                                                                 etc.
                                                                2. Must keep quality     Yes.
                                                                 control plan on record
                                                                 for 5 years. Keep old
                                                                 versions for 5 years
                                                                 after revisions.
Sec.   63.8(e).......................  CMS Performance          Notification,            Yes. Except for Sec.
                                        Evaluation.              performance evaluation   63.8(e)(5)(ii), which
                                                                 test plan, reports.      applies to COMS.

[[Page 61]]

 
Sec.   63.8(f)(1)-(5)................  Alternative Monitoring   Procedures for           Yes.
                                        Method.                  Administrator to
                                                                 approve alternative
                                                                 monitoring.
Sec.   63.8(f)(6)....................  Alternative to Relative  Procedures for           Yes.
                                        Accuracy Test.           Administrator to
                                                                 approve alternative
                                                                 relative accuracy
                                                                 tests for CEMS.
Sec.   63.8(g).......................  Data Reduction.........  1. COMS 6-minute         Yes. Except that
                                                                 averages calculated      provisions for COMS
                                                                 over at least 36         are not applicable.
                                                                 evenly spaced data       Averaging periods for
                                                                 points.                  demonstrating
                                                                2. CEMS 1-hour averages   compliance are
                                                                 computed over at least   specified at Sec.
                                                                 4 equally spaced data    63.9340.
                                                                 points.
Sec.   63.8(g)(5)....................  Data Reduction.........  Data that cannot be      No. Specific language
                                                                 used in computing        is located at Sec.
                                                                 averages for CEMS and    63.9335(a).
                                                                 COMS.
Sec.   63.9(a).......................  Notification             Applicability and State  Yes.
                                        Requirements.            delegation.
Sec.   63.9(b)(1)-(5)................  Initial Notifications..  1. Submit notification   Yes.
                                                                 subject 120 days after
                                                                 effective date.
                                                                2. Notification of       Yes.
                                                                 intent to construct/
                                                                 reconstruct;
                                                                 notification of
                                                                 commencement of
                                                                 construct/
                                                                 reconstruct;
                                                                 notification of
                                                                 startup.
                                                                3. Contents of each....  Yes.
Sec.   63.9(c).......................  Request for Compliance   Can request if cannot    No. Compliance
                                        Extension.               comply by date or if     extensions do not
                                                                 installed BACT/LAER.     apply to new or
                                                                                          reconstructed sources.
Sec.   63.9(d).......................  Notification of Special  For sources that         Yes.
                                        Compliance               commence construction
                                        Requirements for New     between proposal and
                                        Source.                  promulgation and want
                                                                 to comply 3 years
                                                                 after effective date.
Sec.   63.9(e).......................  Notification of          Notify Administrator 60  No. Subpart PPPPP does
                                        Performance Test.        days prior.              not require
                                                                                          performance testing.
Sec.   63.9(f).......................  Notification of Opacity/ Notify Administrator 30  No. Subpart PPPPP does
                                        VE Test.                 days prior.              not have opacity/VE
                                                                                          standards.
Sec.   63.9(g)(1)....................  Additional               Notification of          Yes.
                                        Notifications when       performance evaluation.
                                        Using CMS.
Sec.   63.9(g)(2)....................  Additional               Notification of use of   No. Subpart PPPPP does
                                        Notifications when       COMS data.               not contain opacity or
                                        Using CMS.                                        VE standards.
Sec.   63.9(g)(3)....................  Additional               Notification that        Yes. If alternative is
                                        Notifications when       exceeded criterion for   in use.
                                        Using CMS.               relative accuracy.
Sec.   63.9(h)(1)-(6)................  Notification of          1. Contents............  Yes.
                                        Compliance Status.
                                                                2. Due 60 days after     Yes.
                                                                 end of performance
                                                                 test or other
                                                                 compliance
                                                                 demonstration, except
                                                                 for opacity/VE, which
                                                                 are due 30 days after.
                                                                3. When to submit to     Yes.
                                                                 Federal vs. State
                                                                 authority.
Sec.   63.9(i).......................  Adjustment of Submittal  Procedures for           Yes.
                                        Deadlines.               Administrator to
                                                                 approve change in when
                                                                 notifications must be
                                                                 submitted.
Sec.   63.9(j).......................  Change in Previous       Must submit within 15    Yes.
                                        Information.             days after the change.
Sec.   63.10(a)......................  Recordkeeping/Reporting  1. Applies to all,       Yes.
                                                                 unless compliance
                                                                 extension.
                                                                2. When to submit to     Yes.
                                                                 Federal vs. State
                                                                 authority.
                                                                3. Procedures for        Yes.
                                                                 owners of more than
                                                                 one source.
Sec.   63.10(b)(1)...................  Recordkeeping/Reporting  1. General requirements  Yes.
                                                                2. Keep all records      Yes.
                                                                 readily available.
                                                                3. Keep for 5 years....  Yes.
Sec.   63.10(b)(2)(i)-(v)............  Records Related to SSM.  1. Occurrence of each    Yes.
                                                                 of operation (process
                                                                 equipment).

[[Page 62]]

 
                                                                2. Occurrence of each    Yes.
                                                                 malfunction of air
                                                                 pollution equipment.
                                                                3. Maintenance on air    Yes.
                                                                 pollution control
                                                                 equipment.
                                                                4. Actions during SSM..  Yes.
                                                                5. All information       Yes.
                                                                 necessary to
                                                                 demonstrate
                                                                 conformance with the
                                                                 SSMP.
Sec.   63.10(b)(2)(vi)-(xi)..........  CMS Records............  Malfunctions,            Yes.
                                                                 inoperative, out of
                                                                 control.
Sec.   63.10(b)(2)(xii)..............  Records................  Records when under       Yes.
                                                                 waiver.
Sec.   63.10(b)(2)(xiii).............  Records................  Records when using       Yes.
                                                                 alternative to
                                                                 relative accuracy test.
Sec.   63.10(b)(2)(xiv)..............  Records................  All documentation        Yes.
                                                                 supporting initial
                                                                 notification and
                                                                 notification of
                                                                 compliance status.
Sec.   63.10(b)(3)...................  Records................  Applicability            Yes.
                                                                 determinations.
Sec.   63.10(c)(1)-(6), (9)-(15).....  Records................  Additional records for   Yes.
                                                                 CEMS.
Sec.   63.10(c)(7)-(8)...............  Records................  Records of excess        No. Specific language
                                                                 emissions and            is located at Sec.
                                                                 parameter monitoring     63.9355 of subpart
                                                                 exceedances for CMS.     PPPPP.
Sec.   63.10(d)(1)...................  General Reporting        Requirement to report..  Yes.
                                        Requirements.
Sec.   63.10(d)(2)...................  Report of Performance    When to submit to        Yes.
                                        Test Results.            Federal or State
                                                                 authority.
Sec.   63.10(d)(3)...................  Reporting Opacity or VE  What to report and when  No. Subpart PPPPP does
                                        Observations.                                     not have opacity/VE
                                                                                          standards.
Sec.   63.10(d)(4)...................  Progress Reports.......  Must submit progress     No. Compliance
                                                                 reports on schedule if   extensions do not
                                                                 under compliance         apply to new or
                                                                 extension.               reconstructed sources.
Sec.   63.10(d)(5)...................  SSM Reports............  Contents and submission  Yes.
Sec.   63.10(e)(1) and (2)(i)........  Additional CMS Reports.  Additional CMS reports.  Yes.
Sec.   63.10(e)(2)(ii)...............  Additional CMS Reports.  COMS-related report....  No. Subpart PPPPP does
                                                                                          not require COMS.
Sec.   63.10(e)(3)...................  Additional CMS Reports.  Excess emissions and     No. Specific language
                                                                 parameter exceedances    is located in Sec.
                                                                 reports.                 63.9350 of subpart
                                                                                          PPPPP.
Sec.   63.10(e)(4)...................  Additional CMS Reports.  Reporting COMS data....  No. Subpart PPPPP does
                                                                                          not require COMS.
Sec.   63.10(f)......................  Waiver for               Procedures for           Yes.
                                        Recordkeeping/           Administrator to waive.
                                        Reporting.
Sec.   63.11.........................  Control Device           Requirements for flares  No. Subpart PPPPP does
                                        Requirements.                                     not specify use of
                                                                                          flares for compliance.
Sec.   63.12.........................  State Authority and      State authority to       Yes.
                                        Delegations.             enforce standards.
Sec.   63.13.........................  Addresses of State Air   Addresses where          Yes.
                                        Pollution Control        reports,
                                        Offices and EPA          notifications, and
                                        Regional Offices.        requests are sent.
Sec.   63.14.........................  Incorporations by        Test methods             Yes. ASTM D 6522-00 and
                                        Reference.               incorporated by          ANSI/ASME PTC 19.10-
                                                                 reference.               1981 (incorporated by
                                                                                          reference-See Sec.
                                                                                          63.14).
Sec.   63.15.........................  Availability of          Public and confidential  Yes.
                                        Information and          information.
                                        Confidentiality.
----------------------------------------------------------------------------------------------------------------


[68 FR 28785, May 27, 2003, as amended at 71 FR 20470, Apr. 20, 2006]



 Subpart QQQQQ_National Emission Standards for Hazardous Air Pollutants 
             for Friction Materials Manufacturing Facilities

    Source: 67 FR 64506, Oct. 18, 2002, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.9480  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for friction materials manufacturing facilities 
that use

[[Page 63]]

a solvent-based process. This subpart also establishes requirements to 
demonstrate initial and continuous compliance with all applicable 
emission limitations in this subpart.



Sec.  63.9485  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a friction 
materials manufacturing facility (as defined inSec. 63.9565) that is 
(or is part of) a major source of hazardous air pollutants (HAP) 
emissions on the first compliance date that applies to you, as specified 
inSec. 63.9495. Your friction materials manufacturing facility is a 
major source of HAP if it emits or has the potential to emit any single 
HAP at a rate of 9.07 megagrams (10 tons) or more per year or any 
combination of HAP at a rate of 22.68 megagrams (25 tons) or more per 
year.
    (b) The requirements in this subpart do not apply to research and 
development facilities, as defined in section 112(c)(7) of the Clean Air 
Act.



Sec.  63.9490  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
affected source at your friction materials manufacturing facility.
    (b) The affected source covered by this subpart is each new, 
reconstructed, or existing solvent mixer (as defined inSec. 63.9565) 
at your friction materials manufacturing facility.
    (c) A solvent mixer at your friction materials manufacturing 
facility is new if you commence construction of the solvent mixer after 
October 18, 2002. An affected source is reconstructed if it meets the 
definition of ``reconstruction'' inSec. 63.2, and reconstruction is 
commenced after October 18, 2002.
    (d) A solvent mixer at your friction materials manufacturing 
facility is existing if it is not new or reconstructed.



Sec.  63.9495  When do I have to comply with this subpart?

    (a) If you have an existing solvent mixer, you must comply with each 
of the requirements for existing sources no later than October 18, 2005.
    (b) If you have a new or reconstructed solvent mixer and its initial 
startup date is after October 18, 2002, you must comply with the 
requirements for new and reconstructed sources upon initial startup.
    (c) If your friction materials manufacturing facility is an area 
source that increases its emissions or its potential to emit such that 
it becomes a (or part of a) major source of HAP emissions, then 
paragraphs (c)(1) and (2) of this section apply.
    (1) For any portion of the area source that becomes a new or 
reconstructed affected source, you must comply with the requirements for 
new and reconstructed sources upon startup or no later than October 18, 
2002, whichever is later.
    (2) For any portion of the area source that becomes an existing 
affected source, you must comply with the requirements for existing 
sources no later than 1 year after the area source becomes a major 
source or no later than October 18, 2005, whichever is later.
    (d) You must meet the notification and schedule requirements in 
Sec.  63.9535. Several of the notifications must be submitted before the 
compliance date for your affected source.

                          Emission Limitations



Sec.  63.9500  What emission limitations must I meet?

    (a) For each new, reconstructed, or existing large solvent mixer at 
your friction materials manufacturing facility, you must limit HAP 
solvent emissions to the atmosphere to no more than 30 percent of that 
which would otherwise be emitted in the absence of solvent recovery and/
or solvent substitution, based on a 7-day block average.
    (b) For each new, reconstructed, or existing small solvent mixer at 
your friction materials manufacturing facility, you must limit HAP 
solvent emissions to the atmosphere to no more than 15 percent of that 
which would otherwise be emitted in the absence of solvent recovery and/
or solvent substitution, based on a 7-day block average.

[[Page 64]]

                     General Compliance Requirements



Sec.  63.9505  What are my general requirements for complying 
with this subpart?

    (a) You must be in compliance with the emission limitation in this 
subpart at all times, except during periods of startup, shutdown, or 
malfunction.
    (b) You must always operate and maintain your affected source, 
including air pollution control and monitoring equipment, according to 
the provisions inSec. 63.6(e)(1)(i).
    (c) You must develop a written startup, shutdown, and malfunction 
plan according to the provisions inSec. 63.6(e)(3).

[67 FR 64506, Oct. 18, 2002, as amended at 71 FR 20470, Apr. 20, 2006]

              Initial Compliance Demonstration Requirements



Sec.  63.9510  By what date must I conduct my initial compliance
demonstration?

    (a) If you use a solvent recovery system and/or solvent 
substitution, you must conduct your initial compliance demonstration 
within 7 calendar days after the compliance date that is specified for 
your source inSec. 63.9495.
    (b) If you use a control technique other than a solvent recovery 
system and/or solvent substitution, you must comply with the provisions 
inSec. 63.9570.



Sec.  63.9515  How do I demonstrate initial compliance with the 
emission limitation that applies to me?

    (a) You have demonstrated initial compliance for each new, 
reconstructed, or existing large solvent mixer subject to the emission 
limitation inSec. 63.9500(a) if the HAP solvent discharged to the 
atmosphere during the first 7 days after the compliance date, determined 
according to the provisions inSec. 63.9520, does not exceed a 7-day 
block average of 30 percent of that which would otherwise be emitted in 
the absence of solvent recovery and/or solvent substitution.
    (b) You have demonstrated initial compliance for each new, 
reconstructed, or existing small solvent mixer subject to the emission 
limitation inSec. 63.9500(b) if the HAP solvent discharged to the 
atmosphere during the first 7 days after the compliance date, determined 
according to the provisions inSec. 63.9520, does not exceed a 7-day 
block average of 15 percent of that which would otherwise be emitted in 
the absence of solvent recovery and/or solvent substitution.
    (c) You must submit a notification of compliance status containing 
the results of the initial compliance demonstration according toSec. 
63.9535(e).



Sec.  63.9520  What procedures must I use to demonstrate initial compliance?

    (a) If you use a solvent recovery system, you must use the 
procedures in paragraphs (a)(1) through (8) of this section to 
demonstrate initial compliance with the emission limitations inSec. 
63.9500(a) and (b).
    (1) Record the date and time of each mix batch.
    (2) Record the identity of each mix batch using a unique batch ID, 
as defined inSec. 63.9565.
    (3) Measure and record the weight of HAP solvent loaded into the 
solvent mixer for each mix batch.
    (4) Measure and record the weight of HAP solvent recovered for each 
mix batch.
    (5) If you use a solvent recovery system, you must determine the 
percent of HAP solvent discharged to the atmosphere for each mix batch 
according to Equation 1 of this section as follows:

(Eq. 1)
[GRAPHIC] [TIFF OMITTED] TR18OC02.002

Where:

Pb = Percent of HAP solvent discharged to the atmosphere for 
          each mix batch, percent;
Srec = Weight of HAP solvent recovered for each mix batch, 
          lb;
Smix = Weight of HAP solvent loaded into the solvent mixer 
          for each mix batch, lb.

    (6) If you use solvent substitution for a mix batch, you must record 
the use of a non-HAP material as a substitute for a HAP solvent for that 
mix batch and assign a value of 0 percent to the percent of HAP solvent 
discharged to the atmosphere for that mix batch (Pb).
    (7) Determine the 7-day block average percent of HAP solvent 
discharged

[[Page 65]]

to the atmosphere according to Equation 2 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR18OC02.003

Where:

%P7 = 7-day block average percent of HAP solvent discharged 
          to the atmosphere, percent;
i = mix batch;
n = number of mix batches in 7-day block average.

    (8) Have valid data for at least 90 percent of the mix batches over 
the 7-day averaging period.
    (b) If you use a control technique other than a solvent recovery 
system and/or solvent substitution, you may apply to EPA for approval to 
use an alternative method of demonstrating compliance with the emission 
limitations for solvent mixers inSec. 63.9500(a) and (b), as provided 
inSec. 63.9570.



Sec.  63.9525  What are the installation, operation, and maintenance 
requirements for my weight measurement device?

    (a) If you use a solvent recovery system, you must install, operate, 
and maintain a weight measurement device to measure the weight of HAP 
solvent loaded into the solvent mixer and the weight of HAP solvent 
recovered for each mix batch.
    (b) For each weight measurement device required by this section, you 
must develop and submit for approval a site-specific monitoring plan 
that addresses the requirements of paragraphs (b)(1) through (6) of this 
section:
    (1) Procedures for installing the weight measurement device;
    (2) The minimum accuracy of the weight measurement device in pounds 
and as a percent of the average weight of solvent to be loaded into the 
solvent mixer;
    (3) Site-specific procedures for how the measurements will be made;
    (4) How the measurement data will be recorded, reduced, and stored;
    (5) Procedures and acceptance criteria for calibration of the weight 
measurement device; and
    (6) How the measurement device will be maintained, including a 
routine maintenance schedule and spare parts inventory list.
    (c) The site-specific monitoring plan required in paragraph (b) of 
this section must include, at a minimum, the requirements of paragraphs 
(c)(1) through (3) of this section:
    (1) The weight measurement device must have a minimum accuracy of 
0.05 kilograms (0.1 pounds) 
or 1 percent of the average weight of solvent to 
be loaded into the solvent mixer, whichever is greater.
    (2) An initial multi-point calibration of the weight measurement 
device must be made using 5 points spanning the expected range of weight 
measurements before the weight measurement device can be used. The 
manufacturer's calibration results can be used to meet this requirement.
    (3) Once per day, an accuracy audit must be made using a single 
Class F calibration weight that corresponds to 20 to 80 percent of the 
average weight of solvent to be loaded into the solvent mixer. If the 
weight measurement device cannot reproduce the value of the calibration 
weight within 0.05 kilograms (0.1 pounds) or 
1 percent of the average weight of solvent to be 
loaded into the solvent mixer, whichever is greater, the scale must be 
recalibrated before being used again. The recalibration must be 
performed with at least five Class F calibration weights spanning the 
expected range of weight measurements.
    (d) You must operate and maintain the weight measurement device 
according to the site-specific monitoring plan.
    (e) You must maintain records of all maintenance activities, 
calibrations, and calibration audits.

                   Continuous Compliance Requirements



Sec.  63.9530  How do I demonstrate continuous compliance with the
emission limitation that applies to me?

    (a) If you use a solvent recovery system and/or solvent 
substitution, you must demonstrate continuous compliance with the 
emission limitations for solvent mixers inSec. 63.9500(a) and (b) 
according to the provisions in paragraphs (a)(1) through (3) of this 
section.
    (1) Except for during malfunctions of your weight measurement device 
and

[[Page 66]]

associated repairs, you must collect and record the information required 
inSec. 63.9520(a)(1) through (8) at all times that the affected source 
is operating and record all information needed to document conformance 
with these requirements.
    (2) For new, reconstructed, or existing large solvent mixers, 
maintain the 7-day block average percent of HAP solvent discharged to 
the atmosphere at or below 30 percent of that which would otherwise be 
emitted in the absence of solvent recovery and/or solvent substitution.
    (3) For new, reconstructed, or existing small solvent mixers, 
maintain the 7-day block average percent of HAP solvent discharged to 
the atmosphere at or below 15 percent of that which would otherwise be 
emitted in the absence of solvent recovery and/or solvent substitution.
    (b) If you use a control technique other than a solvent recovery 
system and/or solvent substitution, you must demonstrate continuous 
compliance with the emission limitations for solvent mixers inSec. 
63.9500(a) and (b) according to the provisions inSec. 63.9570.
    (c) You must report each instance in which you did not meet the 
emission limitations for solvent mixers inSec. 63.9500(a) and (b). 
This includes periods of startup, shutdown, or malfunction. These 
instances are deviations from the emission limitations in this subpart. 
These deviations must be reported according to the requirements inSec. 
63.9540.
    (d) [Reserved]
    (e) Consistent with Sec.Sec. 63.6(e) and 63.7(e)(1), deviations 
that occur during a period of startup, shutdown, or malfunction are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance withSec. 63.6(e)(1). The 
Administrator will determine whether deviations that occur during a 
period of startup, shutdown, or malfunction are violations, according to 
the provisions inSec. 63.6(e).

[67 FR 64506, Oct. 18, 2002, as amended at 71 FR 20470, Apr. 20, 2006]

                   Notifications, Reports, and Records



Sec.  63.9535  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec.Sec. 
63.8(f)(4) and 63.9(b), (c), (d), and (h) that apply to you by the 
specified dates.
    (b) If you use a control technique other than a solvent recovery 
system and/or solvent substitution, you must comply with the provisions 
inSec. 63.9570.
    (c) As specified inSec. 63.9(b)(2), if you start up your affected 
source before October 18, 2002, you must submit your initial 
notification no later than 120 calendar days after October 18, 2002.
    (d) As specified inSec. 63.9(b)(3), if you start up your new 
affected source on or after October 18, 2002, you must submit your 
initial notification no later than 120 calendar days after you become 
subject to this subpart.
    (e) You must submit a notification of compliance status according to 
Sec.  63.9(h)(2)(ii). You must submit the notification of compliance 
status before the close of business on the 30th calendar day following 
the completion of the initial compliance demonstration.



Sec.  63.9540  What reports must I submit and when?

    (a) Unless the Administrator has approved a different schedule, you 
must submit each semiannual compliance report according to the 
requirements in paragraphs (a)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source inSec. 
63.9495 and ending on June 30 or December 31, whichever date comes first 
after the compliance date that is specified for your source inSec. 
63.9495.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date comes first after your 
first compliance report is due.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.

[[Page 67]]

    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date comes 
first after the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 71 of this chapter, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A) of this chapter, you may submit the first and 
subsequent compliance reports according to the dates the permitting 
authority has established instead of according to the dates in 
paragraphs (a)(1) through (4) of this section.
    (b) Each compliance report must include the information in 
paragraphs (b)(1) through (3) of this section, and if applicable, 
paragraphs (b)(4) through (6) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official, with the official's name, 
title, and signature, certifying that, based on information and belief 
formed after reasonable inquiry, the statements and information in the 
report are true, accurate, and complete.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown, or malfunction during the 
reporting period and you took actions consistent with your startup, 
shutdown, and malfunction plan, the compliance report must include the 
information inSec. 63.10(d)(5)(i).
    (5) If there were no deviations from the emission limitations for 
solvent mixers inSec. 63.9500(a) and (b), a statement that there were 
no deviations from the emission limitations during the reporting period.
    (6) If there were no periods during which a monitoring system was 
out-of-control as specified inSec. 63.8(c)(7), a statement that there 
were no periods during which a monitoring system was out-of-control 
during the reporting period.
    (c) For each deviation from an emission limitation occurring at an 
affected source, you must include the information in paragraphs (b)(1) 
through (4) and (c)(1) and (2) of this section. This includes periods of 
startup, shutdown, or malfunction.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (d) If you had a startup, shutdown, or malfunction during the 
semiannual reporting period that was not consistent with your startup, 
shutdown, and malfunction plan, you must submit an immediate startup, 
shutdown, and malfunction report according to the requirements inSec. 
63.10(d)(5)(ii).
    (e) If you have obtained a title V operating permit for an affected 
source pursuant to 40 CFR part 70 or 71 of this chapter, you must report 
all deviations as defined in this subpart in the semiannual monitoring 
report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A) of this chapter. If you submit a compliance report 
for an affected source along with, or as part of, the semiannual 
monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A) of this chapter, and the compliance report includes 
all the required information concerning deviations from any emission 
limitation in this subpart, then submission of the compliance report 
satisfies any obligation to report the same deviations in the semiannual 
monitoring report. However, submission of a compliance report does not 
otherwise affect any obligation you may have to report deviations from 
permit requirements to your permitting authority.



Sec.  63.9545  What records must I keep?

    (a) You must keep the records in paragraphs (a)(1) and (2) of this 
section that apply to you.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
initial notification or notification of compliance status that you 
submitted, according to the requirements inSec. 63.10(b)(2)(xiv).
    (2) The records inSec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, or malfunction.

[[Page 68]]

    (b) You must keep the records required inSec. 63.9525 to show 
proper operation and maintenance of the weight measurement device.
    (c) You must keep the records required inSec. 63.9530 to show 
continuous compliance with the emission limitations for solvent mixers 
inSec. 63.9500(a) and (b).



Sec.  63.9550  In what form and how long must I keep my records?

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

                   Other Requirements and Information



Sec.  63.9555  What parts of the General Provisions apply to me?

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



Sec.  63.9560  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as your State, local, or tribal agency. If 
the U.S. EPA Administrator has delegated authority to your State, local, 
or tribal agency, then that agency, in addition to the U.S. EPA, has the 
authority to implement and enforce this subpart. You should contact your 
U.S. EPA Regional Office to find out if this subpart is delegated to 
your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities contained in paragraphs (c)(1) through (4) of 
this section are retained by the Administrator of the U.S. EPA and are 
not transferred to the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local or 
tribal agencies are as follows:
    (1) Approval of alternatives to the emission limitations inSec. 
63.9500(a) and (b) underSec. 63.6(g).
    (2) Approval of major alternatives to test methods underSec. 
63.7(e)(2)(ii) and (f) and as defined inSec. 63.90.
    (3) Approval of major alternatives to monitoring underSec. 63.8(f) 
and as defined inSec. 63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
underSec. 63.10(f) and as defined inSec. 63.90.



Sec.  63.9565  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec.  63.2, and in this section as follows:
    Batch ID means a unique identifier used to differentiate each 
individual mix batch.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including, but not limited to, any emission limitation 
(including any operating limit);
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Fails to meet any emission limitation (including any operating 
limit) in this subpart during startup, shutdown, or malfunction, 
regardless of whether or not such failure is permitted by this subpart.
    Friction ingredients means any of the components used in the 
manufacture of friction materials, excluding the HAP solvent. Friction 
ingredients include, but are not limited to, reinforcement materials, 
property modifiers, resins, and other additives.
    Friction materials manufacturing facility means a facility that 
manufactures friction materials using a solvent-based process. Friction 
materials are used in the manufacture of products

[[Page 69]]

used to accelerate or decelerate objects. Products that use friction 
materials include, but are not limited to, disc brake pucks, disc brake 
pads, brake linings, brake shoes, brake segments, brake blocks, brake 
discs, clutch facings, and clutches.
    HAP solvent means a solvent that contains 10 percent or more of any 
one HAP, as listed in section 112(b) of the Clean Air Act, or any 
combination of HAP that is added to a solvent mixer. Examples include 
hexane, toluene, and trichloroethylene.
    Initial startup means the first time that equipment is put into 
operation. Initial startup does not include operation solely for testing 
equipment. Initial startup does not include subsequent startups (as 
defined in this section) following malfunction or shutdowns or following 
changes in product or between batch operations.
    Large solvent mixer means a solvent mixer with a design capacity 
greater than or equal to 2,000 pounds, including friction ingredients 
and HAP solvent.
    Mix batch means each batch of friction materials manufactured in a 
solvent mixer.
    Responsible official means responsible official as defined inSec. 
63.2.
    7-day block average means an averaging technique for a weekly 
compliance determination where the calculated values for percent HAP 
solvent discharged to the atmosphere are averaged together for all mix 
batches (for which there are valid data) in a 7-day block period 
according to the equation provided inSec. 63.9520(a)(6).
    Small solvent mixer means a solvent mixer with a design capacity 
less than 2,000 pounds, including friction ingredients and HAP solvent.
    Solvent mixer means a mixer used in the friction materials 
manufacturing process in which HAP solvent is used as one of the 
ingredients in at least one batch during a semiannual reporting period. 
Trace amounts of HAP solvents in resins or other friction ingredients do 
not qualify mixers as solvent mixers.
    Solvent recovery system means equipment used for the purpose of 
recovering the HAP solvent from the exhaust stream. An example of a 
solvent recovery system is a condenser.
    Solvent substitution means substitution of a non-HAP material for a 
HAP solvent.
    Startup means bringing equipment online and starting the production 
process.
    Startup, shutdown, and malfunction plan means a plan developed 
according to the provisions ofSec. 63.6(e)(3).



Sec.  63.9570  How do I apply for alternative compliance requirements?

    (a) If you use a control technique other than a solvent recovery 
system and/or solvent substitution, you may request approval to use an 
alternative method of demonstrating compliance with the emission 
limitations inSec. 63.9500(a) and (b) according to the procedures in 
this section.
    (b) You can request approval to use an alternative method of 
demonstrating compliance in the initial notification for existing 
sources, the notification of construction or reconstruction for new 
sources, or at any time.
    (c) You must submit a description of the proposed testing, 
monitoring, recordkeeping, and reporting that will be used and the 
proposed basis for demonstrating compliance.
    (1) If you have not previously performed testing, you must submit a 
proposed test plan. If you are seeking permission to use an alternative 
method of compliance based on previously performed testing, you must 
submit the results of testing, a description of the procedures followed 
in testing, and a description of pertinent conditions during testing.
    (2) You must submit a monitoring plan that includes a description of 
the control technique, test results verifying the performance of the 
control technique, the appropriate operating parameters that will be 
monitored, and the frequency of measuring and recording to establish 
continuous compliance with the emission limitations inSec. 63.9500(a) 
and (b). You must also include the proposed performance specifications 
and quality assurance procedures for the monitors. The monitoring plan 
is subject to the Administrator's approval. You must install, calibrate, 
operate, and maintain the

[[Page 70]]

monitors in accordance with the monitoring plan approved by the 
Administrator.
    (d) Use of the alternative method of demonstrating compliance must 
not begin until approval is granted by the Administrator.



Sec.Sec. 63.9571-63.9579  [Reserved]



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

    As required inSec. 63.9505, you must comply with each applicable 
General Provisions requirement according to the following table:

----------------------------------------------------------------------------------------------------------------
             Citation                        Subject          Applies to subpart QQQQQ?        Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1.......................  Applicability...........  Yes......................
Sec.   63.2.......................  Definitions.............  Yes......................
Sec.   63.3.......................  Units and Abbreviations.  Yes......................
Sec.   63.4.......................  Prohibited Activities...  Yes......................
Sec.   63.5.......................  Construction/             Yes......................
                                     Reconstruction.
Sec.   63.6(a)-(c), (e)-(f), (i)-   Compliance with           Yes......................
 (j).                                Standards and
                                     Maintenance
                                     Requirements.
Sec.   63.6(d)....................  [Reserved]..............
Sec.   63.6(g)....................  Use of an Alternative     No.......................  Subpart QQQQQ contains
                                     Nonopacity Emission                                  no work practice
                                     Standard.                                            standards.
Sec.   63.6(h)....................  Compliance with Opacity   No.......................  Subpart QQQQQ contains
                                     and Visible Emission                                 no opacity or VE
                                     Standards.                                           limits.
Sec.   63.7(a)(1)-(2).............  Applicability and         No.......................  Subpart QQQQQ includes
                                     Performance Test Dates.                              dates for initial
                                                                                          compliance
                                                                                          demonstrations.
Sec.   63.7(a)(3), (b)-(h)........  Performance Testing       No.......................  Subpart QQQQQ does not
                                     Requirements.                                        require performance
                                                                                          tests.
Sec.   63.8(a)(1)-(2), (b), (c)(1)- Monitoring Requirements.  Yes......................
 (3), (f)(1)-(5).
Sec.   63.8(a)(3).................  [Reserved]..............
Sec.   63.8(a)(4).................  Additional Monitoring     No.......................  Subpart QQQQQ does not
                                     Requirements for                                     require flares.
                                     Control Devices in Sec.
                                       63.11.
Sec.   63.8(c)(4).................  Continuous Monitoring     No.......................  Subpart QQQQQ does not
                                     System (CMS)                                         require CMS.
                                     Requirements.
Sec.   63.8(c)(5).................  Continuous Opacity        No.......................  Subpart QQQQQ does not
                                     Monitoring System                                    require COMS.
                                     (COMS) Minimum
                                     Procedures.
Sec.   63.8(c)(6).................  Zero and High Level       No.......................  Subpart QQQQQ specifies
                                     Calibration Check                                    calibration
                                     Requirements.                                        requirements.
Sec.   63.8(c)(7)-(8).............  Out-of-Control Periods..  No.......................  Subpart QQQQQ specifies
                                                                                          out-of-control periods
                                                                                          and reporting
                                                                                          requirements.
Sec.   63.8(d)....................  CMS Quality Control.....  No.......................  Subpart QQQQQ requires
                                                                                          a monitoring plan that
                                                                                          specifies CMS quality
                                                                                          control procedures.
Sec.   63.8(e)....................  CMS Performance           No.......................  Subpart QQQQQ does not
                                     Evaluation.                                          require CMS
                                                                                          performance
                                                                                          evaluations.
Sec.   63.8(f)(6).................  Relative Accuracy Test    No.......................  Subpart QQQQQ does not
                                     Audit (RATA)                                         require continuous
                                     Alternative.                                         emissions monitoring
                                                                                          systems (CEMS).
Sec.   63.8(g)(1)-(5).............  Data Reduction..........  No.......................  Subpart QQQQQ specifies
                                                                                          data reduction
                                                                                          requirements.
Sec.   63.9(a)-(d), (h)-(j).......  Notification              Yes......................  Except that subpart
                                     Requirements.                                        QQQQQ does not require
                                                                                          performance tests or
                                                                                          CMS performance
                                                                                          evaluations.
Sec.   63.9(e)....................  Notification of           No.......................  Subpart QQQQQ does not
                                     Performance Test.                                    require performance
                                                                                          tests.
Sec.   63.9(f)....................  Notification of VE/       No.......................  Subpart QQQQQ contains
                                     Opacity Test.                                        no opacity or VE
                                                                                          limits.
Sec.   63.9(g)....................  Additional Notifications  No.......................  Subpart QQQQQ does not
                                     When Using CMS.                                      require CMS
                                                                                          performance
                                                                                          evaluations.
Sec.   63.10(a), (b), (d)(1),       Recordkeeping and         Yes......................
 (d)(4)-(5), (e)(3), (f).            Reporting Requirements.
Sec.   63.10(c)(1)-(6), (9)-(15)..  Additional Records for    No.......................  Subpart QQQQQ specifies
                                     CMS.                                                 record requirements.
Sec.   63.10(c)(7)-(8)............  Records of Excess         No.......................  Subpart QQQQQ specifies
                                     Emissions and Parameter                              record requirements.
                                     Monitoring Exceedances
                                     for CMS.
Sec.   63.10(d)(2)................  Reporting Results of      No.......................  Subpart QQQQQ does not
                                     Performance Tests.                                   require performance
                                                                                          tests.

[[Page 71]]

 
Sec.   63.10(d)(3)................  Reporting Opacity or VE   No.......................  Subpart QQQQQ contains
                                     Observations.                                        no opacity or VE
                                                                                          limits.
Sec.   63.10(e)(1)-(2)............  Additional CMS Reports..  No.......................  Subpart QQQQQ does not
                                                                                          require CMS.
Sec.   63.10(e)(4)................  Reporting COMS Data.....  No.......................  Subpart QQQQQ does not
                                                                                          require COMS.
Sec.   63.11......................  Control Device            No.......................  Subpart QQQQQ does not
                                     Requirements.                                        require flares.
Sec.Sec. 63.12-63.15..........  Delegation, Addresses,    Yes......................
                                     Incorporation by
                                     Reference Availability
                                     of Information.
----------------------------------------------------------------------------------------------------------------



Subpart RRRRR_National Emission Standards for Hazardous Air Pollutants: 
                      Taconite Iron Ore Processing

    Source: 68 FR 61888, Oct. 30, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.9580  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for taconite iron ore processing. This subpart 
also establishes requirements to demonstrate initial and continuous 
compliance with all applicable emission limitations (emission limits and 
operating limits), work practice standards, and operation and 
maintenance requirements in this subpart.



Sec.  63.9581  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a taconite 
iron ore processing plant that is (or is part of) a major source of 
hazardous air pollutant (HAP) emissions on the first compliance date 
that applies to you. Your taconite iron ore processing plant is a major 
source of HAP if it emits or has the potential to emit any single HAP at 
a rate of 10 tons or more per year or any combination of HAP at a rate 
of 25 tons or more per year.



Sec.  63.9582  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new and existing affected source at 
your taconite iron ore processing plant.
    (b) The affected sources are each new or existing ore crushing and 
handling operation, ore dryer, indurating furnace, and finished pellet 
handling operation at your taconite iron ore processing plant, as 
defined inSec. 63.9652.
    (c) This subpart covers emissions from ore crushing and handling 
emission units, ore dryer stacks, indurating furnace stacks, finished 
pellet handling emission units, and fugitive dust emissions.
    (d) An ore crushing and handling operation, ore dryer, indurating 
furnace, or finished pellet handling operation at your taconite iron ore 
processing plant is existing if you commenced construction or 
reconstruction of the affected source before December 18, 2002.
    (e) An ore crushing and handling operation, ore dryer, indurating 
furnace, or finished pellet handling operation at your taconite iron ore 
processing plant is new if you commence construction or reconstruction 
of the affected source on or after December 18, 2002. An affected source 
is reconstructed if it meets the definition of reconstruction inSec. 
63.2.



Sec.  63.9583  When do I have to comply with this subpart?

    (a) If you have an existing affected source, you must comply with 
each emission limitation, work practice standard, and operation and 
maintenance requirement in this subpart that applies to you no later 
than October 30, 2006.
    (b) If you have a new affected source and its initial startup date 
is on or before October 30, 2003, you must comply with each emission 
limitation, work practice standard, and operation and maintenance 
requirement in this subpart that applies to you by October 30, 2003.

[[Page 72]]

    (c) If you have a new affected source and its initial startup date 
is after October 30, 2003, you must comply with each emission 
limitation, work practice standard, and operation and maintenance 
requirement in this subpart that applies to you upon initial startup.
    (d) If your taconite iron ore processing plant is an area source 
that becomes a major source of HAP, the compliance dates in paragraphs 
(d)(1) and (2) of this section apply to you.
    (1) Any portion of the taconite iron ore processing plant that is a 
new affected source or a new reconstructed source must be in compliance 
with this subpart upon startup.
    (2) All other parts of the taconite iron ore processing plant must 
be in compliance with this subpart no later than 3 years after the plant 
becomes a major source.
    (e) You must meet the notification and schedule requirements in 
Sec.  63.9640. Several of these notifications must be submitted before 
the compliance date for your affected source.

            Emission Limitations and Work Practice Standards



Sec.  63.9590  What emission limitations must I meet?

    (a) You must meet each emission limit in Table 1 to this subpart 
that applies to you.
    (b) You must meet each operating limit for control devices in 
paragraphs (b)(1) through (5) of this section that applies to you.
    (1) Except as provided in paragraph (b)(2) of this section, for each 
wet scrubber applied to meet any particulate matter emission limit in 
Table 1 to this subpart, you must maintain the daily average pressure 
drop and daily average scrubber water flow rate at or above the minimum 
levels established during the initial performance test.
    (2) For each dynamic wet scrubber applied to meet any particulate 
matter emission limit in Table 1 to this subpart, you must maintain the 
daily average scrubber water flow rate and either the daily average fan 
amperage (a surrogate for fan speed as revolutions per minute) or the 
daily average pressure drop at or above the minimum levels established 
during the initial performance test.
    (3) For each dry electrostatic precipitator applied to meet any 
particulate matter emission limit in Table 1 to this subpart, you must 
meet the operating limits in paragraph (b)(3)(i) or (ii) of this 
section.
    (i) Maintain the 6-minute average opacity of emissions exiting the 
control device stack at or below the level established during the 
initial performance test.
    (ii) Maintain the daily average secondary voltage and daily average 
secondary current for each field at or above the minimum levels 
established during the initial performance test.
    (4) For each wet electrostatic precipitator applied to meet any 
particulate matter emission limit in Table 1 to this subpart, you must 
meet the operating limits in paragraphs (b)(4)(i) through (iii) of this 
section.
    (i) Maintain the daily average secondary voltage for each field at 
or above the minimum levels established during the initial performance 
test.
    (ii) Maintain the daily average stack outlet temperature at or below 
the maximum levels established during the initial performance test.
    (iii) Maintain the daily average water flow rate at or above the 
minimum levels established during the initial performance test.
    (5) If you use any air pollution control device other than a 
baghouse, wet scrubber, dynamic scrubber, dry electrostatic 
precipitator, or wet electrostatic precipitator, you must submit a site-
specific monitoring plan in accordance withSec. 63.9631(f).
    (c) You may petition the Administrator for approval of alternatives 
to the monitoring requirements in paragraphs (b)(1) through (4) of this 
section as allowed underSec. 63.8(f) and as defined inSec. 63.90.



Sec.  63.9591  What work practice standards must I meet?

    (a) You must prepare, and at all times operate according to, a 
fugitive dust emissions control plan that describes in detail the 
measures that will be put in place to control fugitive dust emissions 
from the locations listed in

[[Page 73]]

paragraphs (a)(1) through (6) of this section.
    (1) Stockpiles (includes, but is not limited to, stockpiles of 
uncrushed ore, crushed ore, or finished pellets);
    (2) Material transfer points;
    (3) Plant roadways;
    (4) Tailings basin;
    (5) Pellet loading areas; and
    (6) Yard areas.
    (b) A copy of your fugitive dust emissions control plan must be 
submitted for approval to the Administrator on or before the applicable 
compliance date for the affected source as specified inSec. 63.9583. 
The requirement for the plant to operate according to the fugitive dust 
emissions control plan must be incorporated by reference in the 
operating permit for the plant that is issued by the designated 
permitting authority under 40 CFR part 70 or 40 CFR part 71.
    (c) You can use an existing fugitive dust emissions control plan 
provided it meets the requirements in paragraphs (c)(1) through (3) of 
this section.
    (1) The plan satisfies the requirements of paragraph (a) of this 
section.
    (2) The plan describes the current measures to control fugitive dust 
emission sources.
    (3) The plan has been approved as part of a State implementation 
plan or title V permit.
    (d) You must maintain a current copy of the fugitive dust emissions 
control plan onsite, and it must be available for inspection upon 
request. You must keep the plan for the life of the affected source or 
until the affected source is no longer subject to the requirements of 
this subpart.

                 Operation and Maintenance Requirements



Sec.  63.9600  What are my operation and maintenance requirements?

    (a) As required bySec. 63.6(e)(1)(i), you must always operate and 
maintain your affected source, including air pollution control and 
monitoring equipment, in a manner consistent with good air pollution 
control practices for minimizing emissions at least to the levels 
required by this subpart.
    (b) You must prepare, and at all times operate according to, a 
written operation and maintenance plan for each control device applied 
to meet any particulate matter emission limit in Table 1 to this subpart 
and to meet the requirement of each indurating furnace subject to good 
combustion practices (GCP). Each site-specific operation and maintenance 
plan must be submitted to the Administrator on or before the compliance 
date that is specified inSec. 63.9583 for your affected source. The 
plan you submit must explain why the chosen practices (i.e., quantified 
objectives) are effective in performing corrective actions or GCP in 
minimizing the formation of formaldehyde (and other products of 
incomplete combustion). The Administrator will review the adequacy of 
the site-specific practices and objectives you will follow and the 
records you will keep to demonstrate compliance with your Plan. If the 
Administrator determines that any portion of your operation and 
maintenance plan is not adequate, we can reject those portions of the 
plan, and request that you provide additional information addressing the 
relevant issues. In the interim of this process, you will continue to 
follow your current site-specific practices and objectives, as 
submitted, until your revisions are accepted as adequate by the 
Administrator. You must maintain a current copy of the operation and 
maintenance plan onsite, and it must be available for inspection upon 
request. You must keep the plan for the life of the affected source or 
until the affected source is no longer subject to the requirements of 
this subpart. Each operation and maintenance plan must address the 
elements in paragraphs (b)(1) through (4) of this section.
    (1) Preventative maintenance for each control device, including a 
preventative maintenance schedule that is consistent with the 
manufacturer's instructions for routine and long-term maintenance.
    (2) Corrective action procedures for bag leak detection systems. In 
the event a bag leak detection system alarm is triggered, you must 
initiate corrective action to determine the cause of the alarm within 1 
hour of the alarm, initiate corrective action to correct the cause of 
the problem within 24 hours of the alarm, and complete the

[[Page 74]]

corrective action as soon as practicable. Corrective actions may 
include, but are not limited to, the actions listed in paragraphs 
(b)(2)(i) through (vi) of this section.
    (i) Inspecting the baghouse for air leaks, torn or broken bags or 
filter media, or any other condition that may cause an increase in 
emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media or otherwise 
repairing the control device.
    (iv) Sealing off a defective baghouse compartment.
    (v) Cleaning the bag leak detection system probe, or otherwise 
repairing the bag leak detection system.
    (vi) Adjusting the process operation producing the particulate 
emissions.
    (3) Corrective action procedures for continuous parameter monitoring 
systems (CPMS) for all air pollution control devices except for 
baghouses. In the event you exceed an established operating limit for an 
air pollution control device except for a baghouse, you must initiate 
corrective action to determine the cause of the operating limit 
exceedance and complete the corrective action within 10 calendar days. 
The corrective action procedures you take must be consistent with the 
installation, operation, and maintenance procedures listed in your site-
specific CPMS monitoring plan in accordance withSec. 63.9632(b).
    (4) Good combustion practices for indurating furnaces. You must 
identify and implement a set of site-specific GCP for each type of 
indurating furnace at your plant. These GCP should correspond to your 
standard operating procedures for maintaining the proper and efficient 
combustion within each indurating furnace. Good combustion practices 
include, but are not limited to, the elements listed in paragraphs 
(b)(4)(i) through (v) of this section.
    (i) Proper operating conditions for each indurating furnace (e.g., 
minimum combustion temperature, maximum carbon monoxide concentration in 
the furnace exhaust gases, burner alignment, or proper fuel-air 
distribution/mixing).
    (ii) Routine inspection and preventative maintenance and 
corresponding schedules of each indurating furnace.
    (iii) Performance analyses of each indurating furnace.
    (iv) Keeping applicable operator logs.
    (v) Keeping applicable records to document compliance with each 
element.

                     General Compliance Requirements



Sec.  63.9610  What are my general requirements for complying with
this subpart?

    (a) You must be in compliance with the requirements in paragraphs 
(a)(1) through (6) in this section at all times, except during periods 
of startup, shutdown, and malfunction. The terms startup, shutdown, and 
malfunction are defined inSec. 63.2.
    (1) The emission limitations inSec. 63.9590.
    (2) The work practice standards inSec. 63.9591.
    (3) The operation and maintenance requirements inSec. 63.9600.
    (4) The notification requirements inSec. 63.9640.
    (5) The reporting requirements inSec. 63.9641.
    (6) The recordkeeping requirements inSec. 63.9642.
    (b) During the period between the compliance date specified for your 
affected source inSec. 63.9583 and the date upon which continuous 
monitoring systems have been installed and certified and any applicable 
operating limits have been set, you must maintain a log detailing the 
operation and maintenance of the process and emissions control 
equipment. This includes the daily monitoring and recordkeeping of air 
pollution control device operating parameters as specified inSec. 
63.9590(b).
    (c) You must develop a written startup, shutdown, and malfunction 
plan according to the provisions inSec. 63.6(e)(3).

[68 FR 61888, Oct. 30, 2003, as amended at 71 FR 20470, Apr. 20, 2006]

[[Page 75]]

                     Initial Compliance Requirements



Sec.  63.9620  On which units and by what date must I conduct 
performance tests or other initial compliance demonstrations?

    (a) For each ore crushing and handling affected source, you must 
demonstrate initial compliance with the emission limits in Table 1 to 
this subpart by conducting an initial performance test for particulate 
matter as specified in paragraphs (a)(1) and (2) of this section.
    (1) Except as provided in paragraph (e) of this section, an initial 
performance test must be performed on all stacks associated with ore 
crushing and handling.
    (2) Initial performance tests must be completed no later than 180 
calendar days after the compliance date specified inSec. 63.9583. 
Performance tests conducted between October 30, 2003 and no later than 
180 days after the corresponding compliance date can be used for initial 
compliance demonstration, provided the tests meet the initial 
performance testing requirements of this subpart.
    (b) For each indurating furnace affected source, you must 
demonstrate initial compliance with the emission limits in Table 1 to 
this subpart by conducting an initial performance test for particulate 
matter as specified in paragraphs (b)(1) and (2) of this section.
    (1) An initial performance test must be performed on all stacks 
associated with each indurating furnace.
    (2) Initial performance tests must be completed no later than 180 
calendar days after the compliance date specified inSec. 63.9583. 
Performance tests conducted between October 30, 2003 and no later than 
180 days after the corresponding compliance date can be used for initial 
compliance demonstration, provided the tests meet the initial 
performance testing requirements of this subpart. For indurating 
furnaces with multiple stacks, the performance tests for all stacks must 
be completed within a reasonable period of time, such that the 
indurating furnace operating characteristics remain representative for 
the duration of the stack tests.
    (c) For each finished pellet handling affected source, you must 
demonstrate initial compliance with the emission limits in Table 1 to 
this subpart by conducting an initial performance test for particulate 
matter as specified in paragraphs (c)(1) and (2) of this section.
    (1) Except as provided in paragraph (e) of this section, an initial 
performance test must be performed on all stacks associated with 
finished pellet handling.
    (2) Initial performance tests must be completed no later than 180 
calendar days after the compliance date specified inSec. 63.9583. 
Performance tests conducted between October 30, 2003 and no later than 
180 days after the corresponding compliance date can be used for initial 
compliance demonstration, provided the tests meet the initial compliance 
testing requirements of this subpart.
    (d) For each ore dryer affected source, you must demonstrate initial 
compliance with the emission limits in Table 1 to this subpart by 
conducting an initial performance test for particulate matter as 
specified in paragraphs (d)(1) and (2) of this section.
    (1) An initial performance test must be performed on all stacks 
associated with each ore dryer.
    (2) Initial performance tests must be completed no later than 180 
calendar days after the compliance date specified inSec. 63.9583. 
Performance tests conducted between October 30, 2003 and no later than 
180 days after the corresponding compliance date can be used for initial 
compliance demonstration, provided the tests meet the initial compliance 
testing requirements of this subpart. For ore dryers with multiple 
stacks, the performance tests for all stacks must be completed within a 
reasonable period of time, such that the ore dryer operating 
characteristics remain representative for the duration of the stack 
tests.
    (e) For ore crushing and handling affected sources and finished 
pellet handling affected sources, in lieu of conducting initial 
performance tests for particulate matter on all stacks, you may elect to 
group a maximum of six similar emission units together and conduct an 
initial compliance test on

[[Page 76]]

one representative emission unit within each group of similar emission 
units. The determination of whether emission units are similar must meet 
the criteria in paragraph (f) of this section. If you decide to test 
representative emission units, you must prepare and submit a testing 
plan as described in paragraph (g) of this section.
    (f) If you elect to test representative emission units as provided 
in paragraph (e) of this section, the units that are grouped together as 
similar units must meet the criteria in paragraphs (f)(1) through (3) of 
this section.
    (1) All emission units within a group must be of the same process 
type (e.g., primary crushers, secondary crushers, tertiary crushers, 
fine crushers, ore conveyors, ore bins, ore screens, grate feed, pellet 
loadout, hearth layer, cooling stacks, pellet conveyor, and pellet 
screens). You cannot group emission units from different process types 
together for the purposes of this section.
    (2) All emission units within a group must also have the same type 
of air pollution control device (e.g., wet scrubbers, dynamic wet 
scrubbers, rotoclones, multiclones, wet and dry electrostatic 
precipitators, and baghouses). You cannot group emission units with 
different air pollution control device types together for the purposes 
of this section.
    (3) The site-specific operating limits established for the emission 
unit selected as representative of a group of similar emission units 
will be used as the operating limit for each emission unit within the 
group. The operating limit established for the representative unit must 
be met by each emission unit within the group.
    (g) If you plan to conduct initial performance tests on 
representative emission units within an ore crushing and handling 
affected source or a finished pellet handling affected source, you must 
submit a testing plan for initial performance tests. This testing plan 
must be submitted to the Administrator or delegated authority no later 
than 90 days prior to the first scheduled initial performance test. The 
testing plan must contain the information specified in paragraphs (g)(1) 
through (3) of this section.
    (1) A list of all emission units. This list must clearly identify 
all emission units that have been grouped together as similar emission 
units. Within each group of emission units, you must identify the 
emission unit that will be the representative unit for that group and 
subject to initial performance testing.
    (2) A list of the process type and type of air pollution control 
device on each emission unit.
    (3) A schedule indicating when you will conduct an initial 
performance test for particulate matter for each representative emission 
unit.
    (h) For each work practice standard and operation and maintenance 
requirement that applies to you where initial compliance is not 
demonstrated using a performance test, you must demonstrate initial 
compliance within 30 calendar days after the compliance date that is 
specified for your affected source inSec. 63.9583.
    (i) If you commenced construction or reconstruction of an affected 
source between December 18, 2002 and October 30, 2003 , you must 
demonstrate initial compliance with either the proposed emission limit 
or the promulgated emission limit no later than 180 calendar days after 
October 30, 2003 or no later than 180 calendar days after startup of the 
source, whichever is later, according toSec. 63.7(a)(2)(ix).
    (j) If you commenced construction or reconstruction of an affected 
source between December 18, 2002 and October 30, 2003, and you chose to 
comply with the proposed emission limit when demonstrating initial 
compliance, you must conduct a second performance test to demonstrate 
compliance with the promulgated emission limit by 3 years and 180 
calendar days after October 30, 2003, or after startup of the source, 
whichever is later, according toSec. 63.7(a)(2)(ix).



Sec.  63.9621  What test methods and other procedures must I use to
demonstrate initial compliance with the emission limits for 
particulate matter?

    (a) You must conduct each performance test that applies to your 
affected source according to the requirements inSec. 63.7(e)(1) and 
paragraphs (b) and (c) of this section.

[[Page 77]]

    (b) For each ore crushing and handling affected source and each 
finished pellet handling affected source, you must determine compliance 
with the applicable emission limit for particulate matter in Table 1 to 
this subpart by following the test methods and procedures in paragraphs 
(b)(1) through (3) of this section.
    (1) Except as provided inSec. 63.9620(e), determine the 
concentration of particulate matter in the stack gas for each emission 
unit according to the test methods in appendix A to part 60 of this 
chapter. The applicable test methods are listed in paragraphs (b)(1)(i) 
through (v) of this section.
    (i) Method 1 or 1A to select sampling port locations and the number 
of traverse points. Sampling ports must be located at the outlet of the 
control device and prior to any releases to the atmosphere.
    (ii) Method 2, 2A, 2C, 2D, 2F, or 2G, as applicable, to determine 
the volumetric flow rate of the stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 5, 5D, or 17 to determine the concentration of 
particulate matter.
    (2) Each Method 5, 5D, or 17 performance test must consist of three 
separate runs. Each run must be conducted for a minimum of 2 hours. The 
average particulate matter concentration from the three runs will be 
used to determine compliance, as shown in Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR30OC03.000

Where:

Ci = Average particulate matter concentration for emission 
          unit, grains per dry standard cubic foot, (gr/dscf);
C1 = Particulate matter concentration for run 1 corresponding 
          to emission unit, gr/dscf;
C2 = Particulate matter concentration for run 2 corresponding 
          to emission unit, gr/dscf; and
C3 = Particulate matter concentration for run 3 corresponding 
          to emission unit, gr/dscf.

    (3) For each ore crushing and handling affected source and each 
finished pellet handling affected source, you must determine the flow-
weighted mean concentration of particulate matter emissions from all 
emission units in each affected source following the procedure in 
paragraph (b)(3)(i) or (ii) of this section.
    (i) If an initial performance test is conducted on all emission 
units within an affected source, calculate the flow-weighted mean 
concentration of particulate matter emissions from the affected source 
using Equation 2 of this section.
[GRAPHIC] [TIFF OMITTED] TR30OC03.001

Where:

Ca = Flow-weighted mean concentration of particulate matter 
          for all emission units within affected source, (gr/dscf);
Ci = Average particulate matter concentration measured during 
          the performance test from emission unit ``i'' in affected 
          source, as determined using Equation 1 of this section, gr/
          dscf;
Qi = Average volumetric flow rate of stack gas measured 
          during the performance test from emission unit ``i'' in 
          affected source, dscf/hr; and
n = Number of emission units in affected source.

    (ii) If you are grouping similar emission units together in 
accordance withSec. 63.9620(e), you must follow the procedures in 
paragraphs (b)(3)(ii)(A) through (C) of this section.
    (A) Assign the average particulate matter concentration measured 
from the representative unit, as determined from Equation 1 of this 
section, to each emission unit within the corresponding group of similar 
units.
    (B) Establish the maximum operating volumetric flow rate of exhaust 
gas from each emission unit within each group of similar units.
    (C) Using the data from paragraphs (b)(3)(ii)(A) and (B) of this 
section, calculate the flow-weighted mean concentration of particulate 
matter emissions from the affected source using Equation 3 of this 
section.

[[Page 78]]

[GRAPHIC] [TIFF OMITTED] TR30OC03.002

Where:

Ca = Flow-weighted mean concentration of particulate matter 
          for all emission units within affected source, gr/dscf;
Ck = Average particulate matter concentration measured during 
          the performance test from the representative emission unit in 
          group ``k'' of affected source ``a,'' as determined using 
          Equation 1 of this section, gr/dscf;
Qk = Sum of the maximum operating volumetric flow rates of 
          stack gas from all similar emission units within group ``k'' 
          of affected source, dscf/hr; and
m = Number of similar emission unit groups in affected source.

    (c) For each ore dryer affected source and each indurating furnace 
affected source, you must determine compliance with the applicable 
emission limit for particulate matter in Table 1 to this subpart by 
following the test methods and procedures in paragraphs (c)(1) through 
(3) of this section.
    (1) Determine the concentration of particulate matter for each stack 
according to the test methods in 40 CFR part 60, appendix A. The 
applicable test methods are listed in paragraphs (c)(1)(i) through (v) 
of this section.
    (i) Method 1 or 1A to select sampling port locations and the number 
of traverse points. Sampling ports must be located at the outlet of the 
control device and prior to any releases to the atmosphere.
    (ii) Method 2, 2A, 2C, 2D, 2F, or 2G, as applicable, to determine 
the volumetric flow rate of the stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 5, 5D, or 17 to determine the concentration of 
particulate matter.
    (2) Each Method 5, 5D, or 17 performance test must consist of three 
separate runs. Each run must be conducted for a minimum of 2 hours. The 
average particulate matter concentration from the three runs will be 
used to determine compliance, as shown in Equation 1 of this section.
    (3) For each ore dryer and each indurating furnace with multiple 
stacks, calculate the flow-weighted mean concentration of particulate 
matter emissions using Equation 4 of this section.
[GRAPHIC] [TIFF OMITTED] TR30OC03.003

Where:

Cb = Flow-weighted mean concentration of particulate matter 
          for all stacks associated with affected source, gr/dscf;
Cj = Average particulate matter concentration measured during 
          the performance test from stack ``j'' in affected source, as 
          determined using Equation 1 of this section, gr/dscf;
Qj = Average volumetric flow rate of stack gas measured 
          during the performance test from stack ``j'' in affected 
          source, dscf/hr;
n = Number of stacks associated with affected source.



Sec.  63.9622  What test methods and other procedures must I use to
establish and demonstrate initial compliance with the operating 
limits?

    (a) For wet scrubbers subject to performance testing inSec. 
63.9620 and operating limits for pressure drop and scrubber water flow 
rate inSec. 63.9590(b)(1), you must establish site-specific operating 
limits according to the procedures in paragraphs (a)(1) through (3) of 
this section.
    (1) Using the CPMS required inSec. 63.9631(b), measure and record 
the pressure drop and scrubber water flow rate every 15 minutes during 
each run of the particulate matter performance test.
    (2) Calculate and record the average pressure drop and scrubber 
water flow rate for each individual test run. Your operating limits are 
established as the lowest average pressure drop and the lowest average 
scrubber water flow rate corresponding to any of the three test runs.
    (3) If a rod-deck venturi scrubber is applied to an indurating 
furnace to meet any particulate matter emission

[[Page 79]]

limit in Table 1 to this subpart, you may establish a lower average 
pressure drop operating limit by using historical average pressure drop 
data from a certified performance test completed on or after December 
18, 2002 instead of using the average pressure drop value determined 
during the initial performance test, as specified in paragraph (a)(2) of 
this section. If historical average pressure drop data are used to 
establish an operating limit (i.e., using data from a certified 
performance test conducted prior to the promulgation date of the final 
rule), then the average particulate matter concentration corresponding 
to the historical performance test must be at or below the applicable 
indurating furnace emission limit, as listed in Table 1 to this subpart.
    (b) For dynamic wet scrubbers subject to performance testing in 
Sec.  63.9620 and operating limits for scrubber water flow rate and 
either fan amperage or pressure drop inSec. 63.9590(b)(2), you must 
establish site-specific operating limits according to the procedures in 
paragraphs (b)(1) and (2) of this section.
    (1) Using the CPMS required inSec. 63.9631(b), measure and record 
the scrubber water flow rate and either the fan amperage or pressure 
drop every 15 minutes during each run of the particulate matter 
performance test.
    (2) Calculate and record the average scrubber water flow rate and 
either the average fan amperage or average pressure drop for each 
individual test run. Your operating limits are established as the lowest 
average scrubber water flow rate and either the lowest average fan 
amperage or pressure drop value corresponding to any of the three test 
runs.
    (c) For a dry electrostatic precipitator subject to performance 
testing inSec. 63.9620 and operating limits inSec. 63.9590(b)(3), 
you must establish a site-specific operating limit according to the 
procedures in paragraphs (c)(1) or (2) of this section.
    (1) If the operating limit for your dry electrostatic precipitator 
is a 6-minute average opacity of emissions value, then you must follow 
the requirements in paragraphs (c)(1)(i) through (iii) of this section.
    (i) Using the continuous opacity monitoring system (COMS) required 
inSec. 63.9631(d)(1), measure and record the opacity of emissions from 
each control device stack during the particulate matter performance 
test.
    (ii) Compute and record the 6-minute opacity averages from 24 or 
more data points equally spaced over each 6-minute period (e.g., at 15-
second intervals) during the test runs.
    (iii) Using the opacity measurements from a performance test that 
meets the emission limit, determine the opacity value corresponding to 
the 99 percent upper confidence level of a normal distribution of the 6-
minute opacity averages.
    (2) If the operating limit for your dry electrostatic precipitator 
is the daily average secondary voltage and daily average secondary 
current for each field, then you must follow the requirements in 
paragraphs (c)(2)(i) and (ii) of this section.
    (i) Using the CPMS required inSec. 63.9631(d)(2), measure and 
record the secondary voltage and secondary current for each dry 
electrostatic precipitator field every 15 minutes during each run of the 
particulate matter performance test.
    (ii) Calculate and record the average secondary voltage and 
secondary current for each dry electrostatic precipitator field for each 
individual test run. Your operating limits are established as the lowest 
average secondary voltage and secondary current value for each dry 
electrostatic precipitator field corresponding to any of the three test 
runs.
    (d) For a wet electrostatic precipitator subject to performance 
testing inSec. 63.9620 and operating limit inSec. 63.9590(b)(4), you 
must establish a site-specific operating limit according to the 
procedures in paragraphs (d)(1) and (2) of this section.
    (1) Using the CPMS required inSec. 63.9631(e), measure and record 
the parametric values in paragraphs (d)(1)(i) through (iii) of this 
section for each wet electrostatic precipitator field every 15 minutes 
during each run of the particulate matter performance test.
    (i) Secondary voltage;
    (ii) Water flow rate; and

[[Page 80]]

    (iii) Stack outlet temperature.
    (2) For each individual test run, calculate and record the average 
value for each operating parameter in paragraphs (d)(1)(i) through (iii) 
of this section for each wet electrostatic precipitator field. Your 
operating limits are established as the lowest average value for each 
operating parameter corresponding to any of the three test runs.
    (e) If you use an air pollution control device other than a wet 
scrubber, dynamic wet scrubber, dry electrostatic precipitator, wet 
electrostatic precipitator, or baghouse, and it is subject to 
performance testing inSec. 63.9620, you must submit a site-specific 
monitoring plan in accordance withSec. 63.9631(f). The site-specific 
monitoring plan must include the site-specific procedures for 
demonstrating initial and continuous compliance with the corresponding 
operating limits.
    (f) You may change the operating limits for any air pollution 
control device as long as you meet the requirements in paragraphs (f)(1) 
through (3) of this section.
    (1) Submit a written notification to the Administrator of your 
request to conduct a new performance test to revise the operating limit.
    (2) Conduct a performance test to demonstrate compliance with the 
applicable emission limitation in Table 1 to this subpart.
    (3) Establish revised operating limits according to the applicable 
procedures in paragraphs (a) through (e) of this section.



Sec.  63.9623  How do I demonstrate initial compliance with the 
emission limitations that apply to me?

    (a) For each affected source subject to an emission limit in Table 1 
to this subpart, you must demonstrate initial compliance by meeting the 
emission limit requirements in paragraphs (a)(1) through (4) of this 
section.
    (1) For ore crushing and handling, the flow-weighted mean 
concentration of particulate matter, determined according to the 
procedures in Sec.Sec. 63.9620(a) and 63.9621(b), must not exceed the 
emission limits in Table 1 to this subpart.
    (2) For indurating furnaces, the flow-weighted mean concentration of 
particulate matter, determined according to the procedures in Sec.Sec. 
63.9620(b) and 63.9621(c), must not exceed the emission limits in Table 
1 to this subpart.
    (3) For finished pellet handling, the flow-weighted mean 
concentration of particulate matter, determined according to the 
procedures in Sec.Sec. 63.9620(c) and 63.9621(b), must not exceed the 
emission limits in Table 1 to this subpart.
    (4) For ore dryers, the flow-weighted mean concentration of 
particulate matter, determined according to the procedures in Sec.Sec. 
63.9620(d) and 63.9621(c), must not exceed the emission limits in Table 
1 to this subpart.
    (b) For each affected source subject to an emission limit in Table 1 
to this subpart, you must demonstrate initial compliance by meeting the 
operating limit requirements in paragraphs (b)(1) through (5) of this 
section.
    (1) For each wet scrubber subject to performance testing inSec. 
63.9620 and operating limits for pressure drop and scrubber water flow 
rate inSec. 63.9590(b)(1), you have established appropriate site-
specific operating limits and have a record of the pressure drop and 
scrubber water flow rate measured during the performance test in 
accordance withSec. 63.9622(a).
    (2) For each dynamic wet scrubber subject to performance testing in 
Sec.  63.9620 and operating limits for scrubber water flow rate and 
either fan amperage or pressure drop inSec. 63.9590(b)(2), you have 
established appropriate site-specific operating limits and have a record 
of the scrubber water flow rate and either the fan amperage or pressure 
drop value, measured during the performance test in accordance with 
Sec.  63.9622(b).
    (3) For each dry electrostatic precipitator subject to performance 
testing inSec. 63.9620 and one of the operating limits inSec. 
63.9590(b)(3), you must meet the requirements in paragraph (b)(3)(i) or 
(ii) of this section.
    (i) If you are subject to the operating limit for opacity inSec. 
63.9590(b)(3)(i), you have established appropriate site-specific 
operating limits and have a record of the opacity measured during the 
performance test in accordance withSec. 63.9622(c)(1).

[[Page 81]]

    (ii) If you are subject to the operating limit for secondary voltage 
and secondary current inSec. 63.9590(b)(3)(ii), you have established 
appropriate site-specific operating limits and have a record of the 
secondary voltage and secondary current measured during the performance 
test in accordance withSec. 63.9622(c)(2).
    (4) For each wet electrostatic precipitator subject to performance 
testing inSec. 63.9620 and operating limits for secondary voltage, 
water flow rate, and stack outlet temperature inSec. 63.9590(b)(4), 
you have established appropriate site-specific operating limits and have 
a record of the secondary voltage, water flow rate, and stack outlet 
temperature measured during the performance test in accordance with 
Sec.  63.9622(d).
    (5) For other air pollution control devices subject to performance 
testing inSec. 63.9620 and operating limits in accordance withSec. 
63.9590(b)(5), you have submitted a site-specific monitoring plan in 
accordance withSec. 63.9631(f) and have a record of the site-specific 
operating limits as measured during the performance test in accordance 
withSec. 63.9622(e).
    (c) For each emission limitation and operating limit that applies to 
you, you must submit a notification of compliance status according to 
Sec.  63.9640(e).



Sec.  63.9624  How do I demonstrate initial compliance with the work
practice standards that apply to me?

    You must demonstrate initial compliance with the work practice 
standards by meeting the requirements in paragraphs (a) through (c) of 
this section.
    (a) You must prepare a fugitive dust emissions control plan in 
accordance with the requirements inSec. 63.9591.
    (b) You must submit to the Administrator the fugitive dust emissions 
control plan in accordance with the requirements inSec. 63.9591.
    (c) You must implement each control practice according to the 
procedures specified in your fugitive dust emissions control plan.



Sec.  63.9625  How do I demonstrate initial compliance with the 
operation and maintenance requirements that apply to me?

    For each air pollution control device subject to operating limits in 
Sec.  63.9590(b), you have demonstrated initial compliance if you meet 
all of the requirements in paragraphs (a) through (d) of this section.
    (a) You have prepared the operation and maintenance plan for air 
pollution control devices in accordance withSec. 63.9600(b).
    (b) You have operated each air pollution control device according to 
the procedures in the operation and maintenance plan.
    (c) You have submitted a notification of compliance status according 
to the requirements inSec. 63.9640(e).
    (d) You have prepared a site-specific monitoring plan in accordance 
withSec. 63.9632(b).

                   Continuous Compliance Requirements



Sec.  63.9630  When must I conduct subsequent performance tests?

    (a) You must conduct subsequent performance tests to demonstrate 
continued compliance with the ore crushing and handling emission limits 
in Table 1 to this subpart according to the schedule developed by your 
permitting authority and shown in your title V permit. If a title V 
permit has not been issued, you must submit a testing plan and schedule, 
containing the information specified in paragraph (e) of this section, 
to the permitting authority for approval.
    (b) You must conduct subsequent performance tests on all stacks 
associated with indurating furnaces to demonstrate continued compliance 
with the indurating furnace emission limits in Table 1 to this subpart 
according to the schedule developed by your permitting authority and 
shown in your title V permit, but no less frequent than twice per 5-year 
permit term. If a title V permit has not been issued, you must submit a 
testing plan and schedule, containing the information specified in 
paragraph (e) of this section, to the permitting authority for approval. 
For indurating furnaces with multiple stacks, the performance tests for 
all

[[Page 82]]

stacks associated with that indurating furnace must be conducted within 
a reasonable period of time, such that the indurating furnace operating 
characteristics remain representative for the duration of the stack 
tests.
    (c) You must conduct subsequent performance tests to demonstrate 
continued compliance with the finished pellet handling emission limits 
in Table 1 to this subpart according to the schedule developed by your 
permitting authority and shown in your title V permit. If a title V 
permit has not been issued, you must submit a testing plan and schedule, 
containing the information specified in paragraph (e) of this section, 
to the permitting authority for approval.
    (d) You must conduct subsequent performance tests on all stacks 
associated with ore dryers to demonstrate continued compliance with the 
ore dryer emission limits in Table 1 to this subpart according to the 
schedule developed by your permitting authority and shown in your title 
V permit. If a title V permit has not been issued, you must submit a 
testing plan and schedule, containing the information specified in 
paragraph (e) of this section, to the permitting authority for approval. 
For ore dryers with multiple stacks, the performance tests for all 
stacks associated with an ore dryer must be conducted within a 
reasonable period of time, such that the ore dryer operating 
characteristics remain representative for the duration of the stack 
tests.
    (e) If your plant does not have a title V permit, you must submit a 
testing plan for subsequent performance tests as required in paragraphs 
(a) through (d) of this section. This testing plan must be submitted to 
the Administrator on or before the compliance date that is specified in 
Sec.  63.9583. The testing plan must contain the information specified 
in paragraphs (e)(1) and (2) of this section. You must maintain a 
current copy of the testing plan onsite, and it must be available for 
inspection upon request. You must keep the plan for the life of the 
affected source or until the affected source is no longer subject to the 
requirements of this subpart.
    (1) A list of all emission units.
    (2) A schedule indicating when you will conduct subsequent 
performance tests for particulate matter for each of the emission units.



Sec.  63.9631  What are my monitoring requirements?

    (a) For each baghouse applied to meet any particulate matter 
emission limit in Table 1 to this subpart, you must install, operate, 
and maintain a bag leak detection system to monitor the relative change 
in particulate matter loadings according to the requirements inSec. 
63.9632(a), and conduct inspections at their specified frequencies 
according to the requirements in paragraphs (a)(1) through (8) of this 
section.
    (1) Monitor the pressure drop across each baghouse cell each day to 
ensure pressure drop is within the normal operating range.
    (2) Confirm that dust is being removed from hoppers through weekly 
visual inspections or other means of ensuring the proper functioning of 
removal mechanisms.
    (3) Check the compressed air supply of pulse-jet baghouses each day.
    (4) Monitor cleaning cycles to ensure proper operation using an 
appropriate methodology.
    (5) Check bag cleaning mechanisms for proper functioning through 
monthly visual inspections or equivalent means.
    (6) Make monthly visual checks of bag tension on reverse air and 
shaker-type baghouses to ensure that bags are not kinked (kneed or bent) 
or lying on their sides. You do not have to make this check for shaker-
type baghouses that have self-tensioning (spring-loaded) devices.
    (7) Confirm the physical integrity of the baghouse through quarterly 
visual inspections of the baghouse interior for air leaks.
    (8) Inspect fans for wear, material buildup, and corrosion through 
quarterly visual inspections, vibration detectors, or equivalent means.
    (b) Except as provided in paragraph (c) of this section, for each 
wet scrubber subject to the operating limits for pressure drop and 
scrubber water flow rate inSec. 63.9590(b)(1), you must install, 
operate, and maintain a CPMS according to the requirements inSec. 
63.9632(b)

[[Page 83]]

through (e) and monitor the daily average pressure drop and daily 
average scrubber water flow rate according to the requirements inSec. 
63.9633.
    (c) For each dynamic wet scrubber subject to the scrubber water flow 
rate and either the fan amperage or pressure drop operating limits in 
Sec.  63.9590(b)(2), you must install, operate, and maintain a CPMS 
according to the requirements inSec. 63.9632(b) through (e) and 
monitor the daily average scrubber water flow rate and either the daily 
average fan amperage or the daily average pressure drop according to the 
requirements inSec. 63.9633.
    (d) For each dry electrostatic precipitator subject to the operating 
limits inSec. 63.9590(b)(3), you must follow the monitoring 
requirements in paragraph (d)(1) or (2) of this section.
    (1) If the operating limit you choose to monitor is the 6-minute 
average opacity of emissions in accordance withSec. 63.9590(b)(3)(i), 
you must install, operate, and maintain a COMS according to the 
requirements inSec. 63.9632(f) and monitor the 6-minute average 
opacity of emissions exiting each control device stack according to the 
requirements inSec. 63.9633.
    (2) If the operating limit you choose to monitor is average 
secondary voltage and average secondary current for each dry 
electrostatic precipitator field in accordance withSec. 
63.9590(b)(3)(ii), you must install, operate, and maintain a CPMS 
according to the requirements inSec. 63.9632(b) through (e) and 
monitor the daily average secondary voltage and daily average secondary 
current according to the requirements inSec. 63.9633.
    (e) For each wet electrostatic precipitator subject to the operating 
limits inSec. 63.9590(b)(4), you must install, operate, and maintain a 
CPMS according to the requirements inSec. 63.9632(b) through (e) and 
monitor the daily average secondary voltage, daily average stack outlet 
temperature, and daily average water flow rate according to the 
requirements inSec. 63.9633.
    (f) If you use any air pollution control device other than a 
baghouse, wet scrubber, dry electrostatic precipitator, or wet 
electrostatic precipitator, you must submit a site-specific monitoring 
plan that includes the information in paragraphs (f)(1) through (4) of 
this section. The monitoring plan is subject to approval by the 
Administrator. You must maintain a current copy of the monitoring plan 
onsite, and it must be available for inspection upon request. You must 
keep the plan for the life of the affected source or until the affected 
source is no longer subject to the requirements of this subpart.
    (1) A description of the device.
    (2) Test results collected in accordance withSec. 63.9621 
verifying the performance of the device for reducing emissions of 
particulate matter to the atmosphere to the levels required by this 
subpart.
    (3) A copy of the operation and maintenance plan required inSec. 
63.9600(b).
    (4) Appropriate operating parameters that will be monitored to 
maintain continuous compliance with the applicable emission 
limitation(s).



Sec.  63.9632  What are the installation, operation, and maintenance 
requirements for my monitoring equipment?

    (a) For each negative pressure baghouse or positive pressure 
baghouse equipped with a stack, applied to meet any particulate emission 
limit in Table 1 to this subpart, you must install, operate, and 
maintain a bag leak detection system according to the requirements in 
paragraphs (a)(1) through (8) of this section.
    (1) The system must be certified by the manufacturer to be capable 
of detecting emissions of particulate matter at concentrations of 10 
milligrams per actual cubic meter (0.0044 grains per actual cubic foot) 
or less.
    (2) The system must provide output of relative changes in 
particulate matter loadings.
    (3) The system must be equipped with an alarm that will sound when 
an increase in relative particulate loadings is detected over the alarm 
level set point established according to paragraph (a)(4) of this 
section. The alarm must be located such that it can be heard by the 
appropriate plant personnel.
    (4) For each bag leak detection system, you must develop and submit 
to the Administrator for approval, a site-

[[Page 84]]

specific monitoring plan that addresses the items identified in 
paragraphs (a)(4)(i) through (v) of this section. For each bag leak 
detection system that operates based on the triboelectric effect, the 
monitoring plan shall be consistent with the recommendations contained 
in the U.S. Environmental Protection Agency (U.S. EPA) guidance 
document, ``Fabric Filter Bag Leak Detection Guidance'' (EPA-454/R-98-
015). This document is available on the EPA's Technology Transfer 
Network at http://www.epa.gov/ttn/emc/cem/tribo.pdf (Adobe Acrobat 
version) or http://www.epa.gov/ttn/emc/cem/tribo.wpd (WordPerfect 
version). You must operate and maintain the bag leak detection system 
according to the site-specific monitoring plan at all times. The plan 
shall describe all of the items in paragraphs (a)(4)(i) through (v) of 
this section.
    (i) Installation of the bag leak detection system.
    (ii) Initial and periodic adjustment of the bag leak detection 
system including how the alarm set-point will be established.
    (iii) Operation of the bag leak detection system including quality 
assurance procedures.
    (iv) How the bag leak detection system will be maintained including 
a routine maintenance schedule and spare parts inventory list.
    (v) How the bag leak detection system output shall be recorded and 
stored.
    (5) To make the initial adjustment of the system, establish the 
baseline output by adjusting the sensitivity (range) and the averaging 
period of the device. Then, establish the alarm set points and the alarm 
delay time (if applicable).
    (6) Following initial adjustment, do not adjust averaging period, 
alarm set point, or alarm delay time, without approval from the 
Administrator except as provided for in paragraph (a)(6)(i) of this 
section.
    (i) Once per quarter, you may adjust the sensitivity of the bag leak 
detection system to account for seasonal effects, including temperature 
and humidity, according to the procedures identified in the site-
specific monitoring plan required under paragraph (a)(4) of this 
section.
    (ii) [Reserved]
    (7) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (8) The bag leak detector sensor must be installed downstream of the 
baghouse and upstream of any wet scrubber.
    (b) For each CPMS required inSec. 63.9631, you must develop and 
make available for inspection upon request by the permitting authority a 
site-specific monitoring plan that addresses the requirements in 
paragraphs (b)(1) through (7) of this section.
    (1) Installation of the CPMS sampling probe or other interface at a 
measurement location relative to each affected emission unit such that 
the measurement is representative of control of the exhaust emissions 
(e.g., on or downstream of the last control device).
    (2) Performance and equipment specifications for the sample 
interface, the parametric signal analyzer, and the data collection and 
reduction system.
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations).
    (4) Ongoing operation and maintenance procedures in accordance with 
the general requirements ofSec. 63.8(c)(1), (3), (4)(ii), (7), and 
(8).
    (5) Ongoing data quality assurance procedures in accordance with the 
general requirements ofSec. 63.8(d).
    (6) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements ofSec. 63.10(c), (e)(1), and (e)(2)(i).
    (7) Corrective action procedures that you will follow in the event 
an air pollution control device, except for a baghouse, exceeds an 
established operating limit as required inSec. 63.9600(b)(3).
    (c) Unless otherwise specified, each CPMS must meet the requirements 
in paragraphs (c)(1) and (2) of this section.
    (1) Each CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period and must have valid data for at least 
95 percent of every daily averaging period.

[[Page 85]]

    (2) Each CPMS must determine and record the daily average of all 
recorded readings.
    (d) You must conduct a performance evaluation of each CPMS in 
accordance with your site-specific monitoring plan.
    (e) You must operate and maintain the CPMS in continuous operation 
according to the site-specific monitoring plan.
    (f) For each dry electrostatic precipitator subject to the opacity 
operating limit inSec. 63.9590(b)(3)(i), you must install, operate, 
and maintain each COMS according to the requirements in paragraphs 
(f)(1) through (4) of this section.
    (1) You must install each COMS and conduct a performance evaluation 
of each COMS according toSec. 63.8 and Performance Specification 1 in 
appendix B to 40 CFR part 60.
    (2) You must develop and implement a quality control program for 
operating and maintaining each COMS according toSec. 63.8. At a 
minimum, the quality control program must include a daily calibration 
drift assessment, quarterly performance audit, and annual zero alignment 
of each COMS.
    (3) You must operate and maintain each COMS according toSec. 
63.8(e) and your quality control program. You must also identify periods 
the COMS is out of control, including any periods that the COMS fails to 
pass a daily calibration drift assessment, quarterly performance audit, 
or annual zero alignment audit.
    (4) You must determine and record the 6-minute average opacity for 
periods during which the COMS is not out of control.



Sec.  63.9633  How do I monitor and collect data to demonstrate 
continuous compliance?

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



Sec.  63.9634  How do I demonstrate continuous compliance with the
emission limitations that apply to me?

    (a) For each affected source subject to an emission limit in Table 1 
to this subpart, you must demonstrate continuous compliance by meeting 
the requirements in paragraphs (b) through (f) of this section.
    (b) For ore crushing and handling affected sources and finished 
pellet handling affected sources, you must demonstrate continuous 
compliance by meeting the requirements in paragraphs (b)(1) through (3) 
of this section.
    (1) The flow-weighted mean concentration of particulate matter for 
all ore crushing and handling emission units and for all finished pellet 
handling emission units must be maintained at or below the emission 
limits in Table 1 to this subpart.
    (2) You must conduct subsequent performance tests for emission units 
in the ore crushing and handling and finished pellet handling affected 
sources following the schedule in your title V permit. If a title V 
permit has not been issued, you must conduct subsequent performance 
tests according to a testing plan approved by the Administrator or 
delegated authority.
    (3) For emission units not selected for initial performance testing 
and defined within a group of similar emission units in accordance with 
Sec.  63.9620(e), you must calculate the daily average value of each 
operating parameter for the similar air pollution control device applied 
to each similar emission unit within a defined group using Equation 1 of 
this section.

[[Page 86]]

[GRAPHIC] [TIFF OMITTED] TR30OC03.004

Where:

Pk = Daily average operating parameter value for all emission 
          units within group ``k'';
Pi = Daily average parametric monitoring parameter value 
          corresponding to emission unit ``i'' within group ``k''; and
n = Total number of emission units within group, including emission 
          units that have been selected for performance tests and those 
          that have not been selected for performance tests.

    (c) For ore dryers and indurating furnaces, you must demonstrate 
continuous compliance by meeting the requirements in paragraphs (c)(1) 
and (2) of this section.
    (1) The flow-weighted mean concentration of particulate matter for 
all stacks from the ore dryer or indurating furnace must be maintained 
at or below the emission limits in Table 1 to this subpart.
    (2) For ore dryers, you must conduct subsequent performance tests 
following the schedule in your title V permit. For indurating furnaces, 
you must conduct subsequent performance tests following the schedule in 
your title V permit, but no less frequent than twice per 5-year permit 
term. If a title V permit has not been issued, you must conduct 
subsequent performance tests according to a testing plan approved by the 
Administrator or delegated authority.
    (d) For each baghouse applied to meet any particulate emission limit 
in Table 1 to this subpart, you must demonstrate continuous compliance 
by completing the requirements in paragraphs (d)(1) and (2) of this 
section.
    (1) Maintaining records of the time you initiated corrective action 
in the event of a bag leak detection system alarm, the corrective 
action(s) taken, and the date on which corrective action was completed.
    (2) Inspecting and maintaining each baghouse according to the 
requirements inSec. 63.9631(a)(1) through (8) and recording all 
information needed to document conformance with these requirements. If 
you increase or decrease the sensitivity of the bag leak detection 
system beyond the limits specified in your site-specific monitoring 
plan, you must include a copy of the required written certification by a 
responsible official in the next semiannual compliance report.
    (e) Except as provided in paragraph (f) of this section, for each 
wet scrubber subject to the operating limits for pressure drop and 
scrubber water flow rate inSec. 63.9590(b)(1), you must demonstrate 
continuous compliance by completing the requirements of paragraphs 
(e)(1) through (4) of this section.
    (1) Maintaining the daily average pressure drop and daily average 
scrubber water flow rate at or above the minimum levels established 
during the initial or subsequent performance test.
    (2) Operating and maintaining each wet scrubber CPMS according to 
Sec.  63.9632(b) and recording all information needed to document 
conformance with these requirements.
    (3) Collecting and reducing monitoring data for pressure drop and 
scrubber water flow rate according toSec. 63.9632(c) and recording all 
information needed to document conformance with these requirements.
    (4) If the daily average pressure drop or daily average scrubber 
water flow rate is below the operating limits established for a 
corresponding emission unit or group of similar emission units, you must 
then follow the corrective action procedures in paragraph (j) of this 
section.
    (f) For each dynamic wet scrubber subject to the operating limits 
for scrubber water flow rate and either the fan amperage or pressure 
drop inSec. 63.9590(b)(2), you must demonstrate continuous compliance 
by completing the requirements of paragraphs (f)(1) through (4) of this 
section.
    (1) Maintaining the daily average scrubber water flow rate and 
either the daily average fan amperage or the daily average pressure drop 
at or above the minimum levels established during the initial or 
subsequent performance test.
    (2) Operating and maintaining each dynamic wet scrubber CPMS 
according toSec. 63.9632(b) and recording all information needed to 
document conformance with these requirements.

[[Page 87]]

    (3) Collecting and reducing monitoring data for scrubber water flow 
rate and either fan amperage or pressure drop according toSec. 
63.9632(c) and recording all information needed to document conformance 
with these requirements.
    (4) If the daily average scrubber water flow rate, daily average fan 
amperage, or daily average pressure drop is below the operating limits 
established for a corresponding emission unit or group of similar 
emission units, you must then follow the corrective action procedures in 
paragraph (j) of this section.
    (g) For each dry electrostatic precipitator subject to operating 
limits inSec. 63.9590(b)(3), you must demonstrate continuous 
compliance by completing the requirements of paragraph (g)(1) or (2) of 
this section.
    (1) If the operating limit for your dry electrostatic precipitator 
is a 6-minute average opacity of emissions value, then you must follow 
the requirements in paragraphs (g)(1)(i) through (iii) of this section.
    (i) Maintaining the 6-minute average opacity of emissions at or 
below the maximum level established during the initial or subsequent 
performance test.
    (ii) Operating and maintaining each COMS and reducing the COMS data 
according toSec. 63.9632(f).
    (iii) If the 6-minute average opacity of emissions is above the 
operating limits established for a corresponding emission unit, you must 
then follow the corrective action procedures in paragraph (j) of this 
section.
    (2) If the operating limit for your dry electrostatic precipitator 
is the daily average secondary voltage and daily average secondary 
current for each field, then you must follow the requirements in 
paragraphs (g)(2)(i) through (iv) of this section.
    (i) Maintaining the daily average secondary voltage or daily average 
secondary current for each field at or above the minimum levels 
established during the initial or subsequent performance test.
    (ii) Operating and maintaining each dry electrostatic precipitator 
CPMS according toSec. 63.9632(b) and recording all information needed 
to document conformance with these requirements.
    (iii) Collecting and reducing monitoring data for secondary voltage 
or secondary current for each field according toSec. 63.9632(c) and 
recording all information needed to document conformance with these 
requirements.
    (iv) If the daily average secondary voltage or daily average 
secondary current for each field is below the operating limits 
established for a corresponding emission unit, you must then follow the 
corrective action procedures in paragraph (j) of this section.
    (h) For each wet electrostatic precipitator subject to the operating 
limits for secondary voltage, stack outlet temperature, and water flow 
rate inSec. 63.9590(b)(4), you must demonstrate continuous compliance 
by completing the requirements of paragraphs (h)(1) through (4) of this 
section.
    (1) Maintaining the daily average secondary voltage, daily average 
secondary current, and daily average scrubber water flow rate for each 
field at or above the minimum levels established during the initial or 
subsequent performance test. Maintaining the daily average stack outlet 
temperature at or below the maximum levels established during the 
initial or subsequent performance test.
    (2) Operating and maintaining each wet electrostatic precipitator 
CPMS according toSec. 63.9632(b) and recording all information needed 
to document conformance with these requirements.
    (3) Collecting and reducing monitoring data for secondary voltage, 
stack outlet temperature, and water flow rate according toSec. 
63.9632(c) and recording all information needed to document conformance 
with these requirements.
    (4) If the daily average secondary voltage, stack outlet 
temperature, or water flow rate does not meet the operating limits 
established for a corresponding emission unit, you must then follow the 
corrective action procedures in paragraph (j) of this section.
    (i) If you use an air pollution control device other than a wet 
scrubber, dynamic wet scrubber, dry electrostatic precipitator, wet 
electrostatic precipitator, or baghouse, you must submit a site-specific 
monitoring plan in accordance withSec. 63.9631(f). The site-specific 
monitoring plan must include the site-

[[Page 88]]

specific procedures for demonstrating initial and continuous compliance 
with the corresponding operating limits.
    (j) If the daily average operating parameter value for an emission 
unit or group of similar emission units does not meet the corresponding 
established operating limit, you must then follow the procedures in 
paragraphs (j)(1) through (4) of this section.
    (1) You must initiate and complete initial corrective action within 
10 calendar days and demonstrate that the initial corrective action was 
successful. During any period of corrective action, you must continue to 
monitor and record all required operating parameters for equipment that 
remains in operation. After 10 calendar days, measure and record the 
daily average operating parameter value for the emission unit or group 
of similar emission units on which corrective action was taken. After 
the initial corrective action, if the daily average operating parameter 
value for the emission unit or group of similar emission units meets the 
operating limit established for the corresponding unit or group, then 
the corrective action was successful and the emission unit or group of 
similar emission units is in compliance with the established operating 
limits.
    (2) If the initial corrective action required in paragraph (j)(1) of 
this section was not successful, then you must complete additional 
corrective action within 10 calendar days and demonstrate that the 
subsequent corrective action was successful. During any period of 
corrective action, you must continue to monitor and record all required 
operating parameters for equipment that remains in operation. After the 
second set of 10 calendar days allowed to implement corrective action, 
you must again measure and record the daily average operating parameter 
value for the emission unit or group of similar emission units. If the 
daily average operating parameter value for the emission unit or group 
of similar emission units meets the operating limit established for the 
corresponding unit or group, then the corrective action was successful 
and the emission unit or group of similar emission units is in 
compliance with the established operating limits.
    (3) If the second attempt at corrective action required in paragraph 
(j)(2) of this section was not successful, then you must repeat the 
procedures of paragraph (j)(2) of this section until the corrective 
action is successful. If the third attempt at corrective action is 
unsuccessful, you must conduct another performance test in accordance 
with the procedures inSec. 63.9622(f) and report to the Administrator 
as a deviation the third unsuccessful attempt at corrective action.
    (4) After the third unsuccessful attempt at corrective action, you 
must submit to the Administrator the written report required in 
paragraph (j)(3) of this section within 5 calendar days after the third 
unsuccessful attempt at corrective action. This report must notify the 
Administrator that a deviation has occurred and document the types of 
corrective measures taken to address the problem that resulted in the 
deviation of established operating parameters and the resulting 
operating limits.



Sec.  63.9635  How do I demonstrate continuous compliance with the
work practice standards that apply to me?

    (a) You must demonstrate continuous compliance with the work 
practice standard requirements inSec. 63.9591 by operating in 
accordance with your fugitive dust emissions control plan at all times.
    (b) You must maintain a current copy of the fugitive dust emissions 
control plan required inSec. 63.9591 onsite and it must be available 
for inspection upon request. You must keep the plan for the life of the 
affected source or until the affected source is no longer subject to the 
requirements of this subpart.



Sec.  63.9636  How do I demonstrate continuous compliance with the 
operation and maintenance requirements that apply to me?

    (a) For each control device subject to an operating limit inSec. 
63.9590(b), you must demonstrate continuous compliance with the 
operation and maintenance requirements inSec. 63.9600(b) by completing 
the requirements of paragraphs (a)(1) through (4) of this section.

[[Page 89]]

    (1) Performing preventative maintenance for each control device in 
accordance withSec. 63.9600(b)(1) and recording all information needed 
to document conformance with these requirements;
    (2) Initiating and completing corrective action for a bag leak 
detection system alarm in accordance withSec. 63.9600(b)(2) and 
recording all information needed to document conformance with these 
requirements;
    (3) Initiating and completing corrective action for a CPMS when you 
exceed an established operating limit for an air pollution control 
device except for a baghouse in accordance withSec. 63.9600(b)(3) and 
recording all information needed to document conformance with these 
requirements; and
    (4) Implementing and maintaining site-specific good combustion 
practices for each indurating furnace in accordance withSec. 
63.9600(b)(4) and recording all information needed to document 
conformance with these requirements.
    (b) You must maintain a current copy of the operation and 
maintenance plan required inSec. 63.9600(b) onsite, and it must be 
available for inspection upon request. You must keep the plan for the 
life of the affected source or until the affected source is no longer 
subject to the requirements of this subpart.



Sec.  63.9637  What other requirements must I meet to demonstrate
continuous compliance?

    (a) Deviations. You must report each instance in which you did not 
meet each emission limitation in Table 1 to this subpart that applies to 
you. This includes periods of startup, shutdown, and malfunction in 
accordance with paragraph (b) of this section. You also must report each 
instance in which you did not meet the work practice standards inSec. 
63.9591 and each instance in which you did not meet each operation and 
maintenance requirement inSec. 63.9600 that applies to you. These 
instances are deviations from the emission limitations, work practice 
standards, and operation and maintenance requirements in this subpart. 
These deviations must be reported in accordance with the requirements in 
Sec.  63.9641.
    (b) Startups, shutdowns, and malfunctions. (1) Consistent with 
Sec.Sec. 63.6(e) and 63.7(e)(1), deviations that occur during a period 
of startup, shutdown, or malfunction are not violations if you 
demonstrate to the Administrator's satisfaction that you were operating 
in accordance withSec. 63.6(e)(1).
    (2) The Administrator will determine whether deviations that occur 
during a period of startup, shutdown, or malfunction are violations, 
according to the provisions inSec. 63.6(e).

[68 FR 61888, Oct. 30, 2003, as amended at 71 FR 20471, Apr. 20, 2006]

                   Notifications, Reports, and Records



Sec.  63.9640  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec.Sec. 63.7(b) 
and (c), 63.8(f)(4), and 63.9(b) through (h) that apply to you by the 
specified dates.
    (b) As specified inSec. 63.9(b)(2), if you start up your affected 
source before October 30, 2003, you must submit your initial 
notification no later than 120 calendar days after October 30, 2003.
    (c) As specified inSec. 63.9(b)(3), if you start up your new 
affected source on or after October 30, 2003, you must submit your 
initial notification no later than 120 calendar days after you become 
subject to this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin, as 
required inSec. 63.7(b)(1).
    (e) If you are required to conduct a performance test or other 
initial compliance demonstration, you must submit a notification of 
compliance status according toSec. 63.9(h)(2)(ii). The initial 
notification of compliance status must be submitted by the dates 
specified in paragraphs (e)(1) and (2) of this section.
    (1) For each initial compliance demonstration that does not include 
a performance test, you must submit the notification of compliance 
status before the close of business on the 30th calendar day following 
completion of the initial compliance demonstration.

[[Page 90]]

    (2) For each initial compliance demonstration that does include a 
performance test, you must submit the notification of compliance status, 
including the performance test results, before the close of business on 
the 60th calendar day following the completion of the performance test 
according toSec. 63.10(d)(2).



Sec.  63.9641  What reports must I submit and when?

    (a) Compliance report due dates. Unless the Administrator has 
approved a different schedule, you must submit a semiannual compliance 
report to your permitting authority according to the requirements in 
paragraphs (a)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source inSec. 
63.9583 and ending on June 30 or December 31, whichever date comes first 
after the compliance date that is specified for your source inSec. 
63.9583.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date comes first after your 
first compliance report is due.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date comes 
first after the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in paragraphs (a)(1) through (4) of 
this section.
    (b) Compliance report contents. Each compliance report must include 
the information in paragraphs (b)(1) through (3) of this section and, as 
applicable, in paragraphs (b)(4) through (8) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official, with the official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown, or malfunction during the 
reporting period and you took actions consistent with your startup, 
shutdown, and malfunction plan, the compliance report must include the 
information inSec. 63.10(d)(5)(i).
    (5) If there were no deviations from the continuous compliance 
requirements in Sec.Sec. 63.9634 through 63.9636 that apply to you, 
then provide a statement that there were no deviations from the emission 
limitations, work practice standards, or operation and maintenance 
requirements during the reporting period.
    (6) If there were no periods during which a continuous monitoring 
system (including a CPMS or COMS) was out-of-control as specified in 
Sec.  63.8(c)(7), then provide a statement that there were no periods 
during which a continuous monitoring system was out-of-control during 
the reporting period.
    (7) For each deviation from an emission limitation in Table 1 to 
this subpart that occurs at an affected source where you are not using a 
continuous monitoring system (including a CPMS or COMS) to comply with 
an emission limitation in this subpart, the compliance report must 
contain the information in paragraphs (b)(1) through (4) of this section 
and the information in paragraphs (b)(7)(i) and (ii) of this section. 
This includes periods of startup, shutdown, and malfunction.
    (i) The total operating time of each affected source during the 
reporting period.
    (ii) Information on the number, duration, and cause of deviations 
(including unknown cause) as applicable, and the corrective action 
taken.
    (8) For each deviation from an emission limitation occurring at an 
affected source where you are using a

[[Page 91]]

continuous monitoring system (including a CPMS or COMS) to comply with 
the emission limitation in this subpart, you must include the 
information in paragraphs (b)(1) through (4) of this section and the 
information in paragraphs (b)(8)(i) through (xi) of this section. This 
includes periods of startup, shutdown, and malfunction.
    (i) The date and time that each malfunction started and stopped.
    (ii) The date and time that each continuous monitoring system was 
inoperative, except for zero (low-level) and high-level checks.
    (iii) The date, time, and duration that each continuous monitoring 
system was out-of-control, including the information inSec. 
63.8(c)(8).
    (iv) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period.
    (v) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (vi) A breakdown of the total duration of the deviations during the 
reporting period including those that are due to startup, shutdown, 
control equipment problems, process problems, other known causes, and 
other unknown causes.
    (vii) A summary of the total duration of continuous monitoring 
system downtime during the reporting period and the total duration of 
continuous monitoring system downtime as a percent of the total source 
operating time during the reporting period.
    (viii) A brief description of the process units.
    (ix) A brief description of the continuous monitoring system.
    (x) The date of the latest continuous monitoring system 
certification or audit.
    (xi) A description of any changes in continuous monitoring systems, 
processes, or controls since the last reporting period.
    (c) Immediate startup, shutdown, and malfunction report. If you had 
a startup, shutdown, or malfunction during the semiannual reporting 
period that was not consistent with your startup, shutdown, and 
malfunction plan, you must submit an immediate startup, shutdown, and 
malfunction report according to the requirements inSec. 
63.10(d)(5)(ii).
    (d) Part 70 monitoring report. If you have obtained a title V 
operating permit for an affected source pursuant to 40 CFR part 70 or 40 
CFR part 71, you must report all deviations as defined in this subpart 
in the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a 
compliance report for an affected source along with, or as part of, the 
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 
CFR 71.6(a)(3)(iii)(A), and the compliance report includes all the 
required information concerning deviations from any emission limitation 
or operation and maintenance requirement in this subpart, submission of 
the compliance report satisfies any obligation to report the same 
deviations in the semiannual monitoring report. However, submission of a 
compliance report does not otherwise affect any obligation you may have 
to report deviations from permit requirements for an affected source to 
your permitting authority.
    (e) Immediate corrective action report. If you had three 
unsuccessful attempts of applying corrective action as described in 
Sec.  63.9634(j) on an emission unit or group of emission units, then 
you must submit an immediate corrective action report. Within 5 calendar 
days after the third unsuccessful attempt at corrective action, you must 
submit to the Administrator a written report in accordance withSec. 
63.9634(j)(3) and (4). This report must notify the Administrator that a 
deviation has occurred and document the types of corrective measures 
taken to address the problem that resulted in the deviation of 
established operating parameters and the resulting operating limits.



Sec.  63.9642  What records must I keep?

    (a) You must keep the records listed in paragraphs (a)(1) through 
(3) of this section.
    (1) A copy of each notification and report that you submitted to 
comply

[[Page 92]]

with this subpart, including all documentation supporting any initial 
notification or notification of compliance status that you submitted, 
according to the requirements inSec. 63.10(b)(2)(xiv).
    (2) The records inSec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) Records of performance tests and performance evaluations as 
required inSec. 63.10(b)(2)(viii).
    (b) For each COMS, you must keep the records specified in paragraphs 
(b)(1) through (4) of this section.
    (1) Records described inSec. 63.10(b)(2)(vi) through (xi).
    (2) Monitoring data for COMS during a performance evaluation as 
required inSec. 63.6(h)(7)(i) and (ii).
    (3) Previous (that is, superceded) versions of the performance 
evaluation plan as required inSec. 63.8(d)(3).
    (4) Records of the date and time that each deviation started and 
stopped, and whether the deviation occurred during a period of startup, 
shutdown, or malfunction or during another period.
    (c) You must keep the records required in Sec.Sec. 63.9634 through 
63.9636 to show continuous compliance with each emission limitation, 
work practice standard, and operation and maintenance requirement that 
applies to you.



Sec.  63.9643  In what form and how long must I keep my records?

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

                   Other Requirements and Information



Sec.  63.9650  What parts of the General Provisions apply to me?

    Table 2 to this subpart shows which parts of the General Provisions 
in Sec.Sec. 63.1 through 63.15 apply to you.



Sec.  63.9651  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced 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 authority to implement and 
enforce this subpart. You should contact your EPA Regional Office to 
find out if this subpart is delegated to your State, local, or tribal 
agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of the EPA and are not transferred to the 
State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are specified in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of non-opacity emission limitations and work practice 
standards underSec. 63.6(h)(9) and as defined inSec. 63.90.
    (2) Approval of major alternatives to test methods underSec. 
63.7(e)(2)(ii) and (f) and as defined inSec. 63.90.
    (3) Approval of major alternatives to monitoring underSec. 63.8(f) 
and as defined inSec. 63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
underSec. 63.10(f) and as defined inSec. 63.90.



Sec.  63.9652  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec.  63.2, and in this section as follows.
    Affected source means each new or existing ore crushing and handling 
operation, ore dryer, indurating furnace, or finished pellet handling 
operation, at your taconite iron ore processing plant.
    Bag leak detection system means a system that is capable of 
continuously monitoring relative particulate matter (dust) loadings in 
the exhaust of a baghouse to detect bag leaks and other upset 
conditions. A bag leak detection system includes, but is not limited to,

[[Page 93]]

an instrument that operates on triboelectric, light scattering, light 
transmittance, or other effect to continuously monitor relative 
particulate matter loadings.
    Conveyor belt transfer point means a point in the conveying 
operation where the taconite ore or taconite pellets are transferred to 
or from a conveyor belt, except where the taconite ore or taconite 
pellets are being transferred to a bin or stockpile.
    Crusher means a machine used to crush taconite ore and includes 
feeders or conveyors located immediately below the crushing surfaces. 
Crushers include, but are not limited to, gyratory crushers and cone 
crushers.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation (including 
operating limits) or operation and maintenance requirement;
    (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 in this subpart during 
startup, shutdown, or malfunction, regardless of whether or not such 
failure is permitted by this subpart.
    Dynamic wet scrubber means an air emissions control device which 
utilizes a mechanically powered fan to cause contact between the process 
exhaust gas stream and the scrubbing liquid which are introduced 
concurrently into the fan inlet.
    Emission limitation means any emission limit, opacity limit, or 
operating limit.
    Finished pellet handling means the transfer of fired taconite 
pellets from the indurating furnace to the finished pellet stockpiles at 
the plant. Finished pellet handling includes, but is not limited to, 
furnace discharge or grate discharge, and finished pellet screening, 
transfer, and storage. The atmospheric pellet cooler vent stack and 
gravity conveyor gallery vents designed to remove heat and water vapor 
from the structure are not included as a part of the finished pellet 
handling affected source.
    Fugitive dust emission source means a stationary source from which 
particles are discharged to the atmosphere due to wind or mechanical 
inducement such as vehicle traffic. Fugitive dust sources include, but 
are not limited to:
    (1) Stockpiles (includes, but is not limited to, stockpiles of 
uncrushed ore, crushed ore, or finished pellets);
    (2) Material transfer points;
    (3) Plant roadways;
    (4) Tailings basins;
    (5) Pellet loading areas; and
    (6) Yard areas.
    Grate feed means the transfer of unfired taconite pellets from the 
pelletizer into the indurating furnace.
    Grate kiln indurating furnace means a furnace system that consists 
of a traveling grate, a rotary kiln, and an annular cooler. The grate 
kiln indurating furnace begins at the point where the grate feed 
conveyor discharges the green balls onto the furnace traveling grate and 
ends where the hardened pellets exit the cooler. The atmospheric pellet 
cooler vent stack is not included as part of the grate kiln indurating 
furnace.
    Indurating means the process whereby unfired taconite pellets, 
called green balls, are hardened at high temperature in an indurating 
furnace. Types of indurating furnaces include straight grate indurating 
furnaces and grate kiln indurating furnaces.
    Ore crushing and handling means the process whereby dry taconite ore 
is crushed and screened. Ore crushing and handling includes, but is not 
limited to, all dry crushing operations (e.g., primary, secondary, and 
tertiary crushing), dry ore conveyance and transfer points, dry ore 
classification and screening, dry ore storage and stockpiling, dry 
milling, dry cobbing (i.e., dry magnetic separation), and the grate 
feed. Ore crushing and handling specifically excludes any operations 
where the dry crushed ore is saturated with water, such as wet milling 
and wet magnetic separation.
    Ore dryer means a rotary dryer that repeatedly tumbles wet taconite 
ore concentrate through a heated air

[[Page 94]]

stream to reduce the amount of entrained moisture in the taconite ore 
concentrate.
    Pellet cooler vent stacks means atmospheric vents in the cooler 
section of the grate kiln indurating furnace that exhaust cooling air 
that is not returned for recuperation. Pellet cooler vent stacks are not 
to be confused with the cooler discharge stack, which is in the pellet 
loadout or dumping area.
    Pellet loading area means that portion of a taconite iron ore 
processing plant where taconite pellets are loaded into trucks or 
railcars.
    Responsible official means responsible official as defined inSec. 
63.2.
    Rod-deck venturi scrubber means a wet scrubber emission control 
device in which the inlet air flows through a bed of parallel metal 
pipes spaced apart to produce a series of parallel venturi throats.
    Screen means a device for separating material according to size by 
passing undersize material through one or more mesh surfaces (screens) 
in series and retaining oversize material on the mesh surfaces 
(screens).
    Storage bin means a facility for storage (including surge bins and 
hoppers) of taconite ore or taconite pellets prior to further processing 
or loading.
    Straight grate indurating furnace means a furnace system that 
consists of a traveling grate that carries the taconite pellets through 
different furnace temperature zones. In the straight grate indurating 
furnace a layer of fired pellets, called the hearth layer, is placed on 
the traveling grate prior to the addition of unfired pellets. The 
straight grate indurating furnace begins at the point where the grate 
feed conveyor discharges the green balls onto the furnace traveling 
grate and ends where the hardened pellets drop off of the traveling 
grate.
    Taconite iron ore processing means the separation and concentration 
of iron ore from taconite, a low-grade iron ore, to produce taconite 
pellets.
    Taconite ore means a low-grade iron ore suitable for concentration 
of magnetite or hematite by fine grinding and magnetic or flotation 
treatment, from which pellets containing iron can be produced.
    Tailings basin means a natural or artificial impoundment in which 
gangue or other refuse material resulting from the washing, 
concentration or treatment of ground taconite iron ore is confined.
    Wet grinding and milling means the process whereby wet taconite ore 
is finely ground using rod and/or ball mills.



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

    As required inSec. 63.9590(a), you must comply with each 
applicable emission limit in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                   then you must comply with the
                                                                                         flow-weighted mean
                                                                                    concentration of particulate
                                                                                      matter discharged to the
   If your affected source is . . .     and the affected source is categorized as   atmosphere from the affected
                                                          . . .                     source, as determined using
                                                                                       the procedures in Sec.
                                                                                     63.9621(b), such that you
                                                                                       must not exceed . . .
----------------------------------------------------------------------------------------------------------------
1. Ore crushing and handling emission  Existing..................................  0.008 grains per dry standard
 units.                                                                             cubic foot (gr/dscf).
                                       New.......................................  0.005 gr/dscf.
2. Straight grate indurating furnace   Existing..................................  0.01 gr/dscf.
 processing magnetite.                 New.......................................  0.006 gr/dscf.
3. Grate kiln indurating furnace       Existing..................................  0.01 gr/dscf.
 processing magnetite.                 New.......................................  0.006 gr/dscf.
4. Grate kiln indurating furnace       Existing..................................  0.03 gr/dscf.
 processing hematite.                  New.......................................  0.018 gr/dscf.
5. Finished pellet handling emission   Existing..................................  0.008 gr/dscf.
 units.                                New.......................................  0.005 gr/dscf.
6. Ore dryer.........................  Existing..................................  0.052 gr/dscf.
                                       New.......................................  0.025 gr/dscf.
----------------------------------------------------------------------------------------------------------------


[[Page 95]]



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

    As required inSec. 63.9650, you must comply with the requirements 
of the NESHAP General Provisions (40 CFR part 63, subpart A) shown in 
the following table:

----------------------------------------------------------------------------------------------------------------
             Citation                       Subject            Applies to Subpart RRRRR         Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1.......................  Applicability.........  Yes.
Sec.   63.2.......................  Definitions...........  Yes.
Sec.   63.3.......................  Units and               Yes.
                                     Abbreviations.
Sec.   63.4.......................  Prohibited Activities.  Yes.
Sec.   63.5.......................  Construction/           Yes.
                                     Reconstruction.
Sec.   63.6(a)-(g)................  Compliance With         Yes.
                                     Standards and
                                     Maintenance
                                     Requirements.
Sec.   63.6(h)....................  Compliance With         No...........................  Subpart RRRRR does
                                     Opacity and Visible                                    not contain opacity
                                     Emission (VE)                                          and VE standards.
                                     Standards.
Sec.   63.6(i), (j)...............  Extension of            Yes.
                                     Compliance and
                                     Presidential
                                     Compliance Extension.
Sec.   63.7(a)(1)-(2).............  Applicability and       No...........................  Subpart RRRRR
                                     Performance Test                                       specifies
                                     Dates.                                                 performance test
                                                                                            applicability and
                                                                                            dates.
Sec.   63.7(a)(3), (b)-(h)........  Performance Testing     Yes.
                                     Requirements.
Sec.   63.8(a)(1)-(a)(3), (b),      Monitoring              Yes..........................  Continuous monitoring
 (c)(1)-(3), (c)(5)-(8), (d), (e),   Requirements.                                          system (CMS)
 (f)(1)-(5), (g)(1)-(4).                                                                    requirements in Sec.
                                                                                              63.8(c)(5) and (6)
                                                                                            apply only to COMS
                                                                                            for dry
                                                                                            electrostatic
                                                                                            precipitators.
Sec.   63.8(a)(4).................  Additional Monitoring   No...........................  Subpart RRRRR does
                                     Requirements for                                       not require flares.
                                     Control Devices in
                                   Sec. 63.11.
Sec.   63.8(c)(4).................  Continuous Monitoring   No...........................  Subpart RRRRR
                                     System Requirements.                                   specifies
                                                                                            requirements for
                                                                                            operation of CMS.
Sec.   63.8(f)(6).................  Relative Accuracy Test  No...........................  Subpart RRRRR does
                                     Alternative (RATA).                                    not require
                                                                                            continuous emission
                                                                                            monitoring systems.
Sec.   63.8(g)(5).................  Data Reduction........  No...........................  Subpart RRRRR
                                                                                            specifies data
                                                                                            reduction
                                                                                            requirements.
Sec.   63.9.......................  Notification            Yes..........................  Additional
                                     Requirements.                                          notifications for
                                                                                            CMS in Sec.
                                                                                            63.9(g) apply to
                                                                                            COMS for dry
                                                                                            electrostatic
                                                                                            precipitators.
Sec.   63.10(a), (b)(1)-(2)(xii),   Recordkeeping and       Yes..........................  Additional records
 (b)(2)(xiv), (b)(3), (c)(1)-(6),    Reporting                                              for CMS in Sec.
 (c)(9)-(15), (d)(1)-(2), (d)(4)-    Requirements.                                          63.10(c)(1)-(6), (9)-
 (5), (e), (f).                                                                             (15), and reports in
                                                                                          Sec. 63.10(d)(1)-
                                                                                            (2) apply only to
                                                                                            COMS for dry
                                                                                            electrostatic
                                                                                            precipitators.
Sec.   63.10(b)(2)(xiii)..........  CMS Records for RATA    No...........................  Subpart RRRRR doesn't
                                     Alternative.                                           require continuous
                                                                                            emission monitoring
                                                                                            systems.
Sec.   63.10(c)(7)-(8)............  Records of Excess       No...........................  Subpart RRRRR
                                     Emissions and                                          specifies record
                                     Parameter Monitoring                                   requirements.
                                     Exceedances for CMS.
Sec.   63.10(d)(3)................  Reporting opacity or    No...........................  Subpart RRRRR does
                                     VE observations.                                       not have opacity and
                                                                                            VE standards.
Sec.   63.11......................  Control Device          No...........................  Subpart RRRRR does
                                     Requirements.                                          not require flares.
Sec.   63.12......................  State Authority and     Yes.
                                     Delegations.
Sec.   63.13-Sec.   63.15.........  Addresses,              Yes.
                                     Incorporation by
                                     Reference,
                                     Availability of
                                     Information.
----------------------------------------------------------------------------------------------------------------


[[Page 96]]



 Subpart SSSSS_National Emission Standards for Hazardous Air Pollutants 
                  for Refractory Products Manufacturing

    Source: 68 FR 18747, Apr. 16, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.9780  What is the purpose of this subpart?

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



Sec.  63.9782  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a refractory 
products manufacturing facility that is, is located at, or is part of, a 
major source of hazardous air pollutant (HAP) emissions according to the 
criteria in paragraphs (a) and (b) of this section.
    (a) A refractory products manufacturing facility is a plant site 
that manufactures refractory products (refractory bricks, refractory 
shapes, monolithics, kiln furniture, crucibles, and other materials used 
for lining furnaces and other high temperature process units), as 
defined inSec. 63.9824. Refractory products manufacturing facilities 
typically process raw material by crushing, grinding, and screening; 
mixing the processed raw materials with binders and other additives; 
forming the refractory mix into shapes; and drying and firing the 
shapes.
    (b) A major source of HAP is a plant site that emits or has the 
potential to emit any single HAP at a rate of 9.07 megagrams (10 tons) 
or more per year or any combination of HAP at a rate of 22.68 megagrams 
(25 tons) or more per year.



Sec.  63.9784  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
affected source at a refractory products manufacturing facility.
    (b) The existing affected sources are shape dryers, curing ovens, 
and kilns that are used to manufacture refractory products that use 
organic HAP; shape preheaters, pitch working tanks, defumers, and coking 
ovens that are used to produce pitch-impregnated refractory products; 
kilns that are used to manufacture chromium refractory products; and 
kilns that are used to manufacture clay refractory products.
    (c) The new or reconstructed affected sources are shape dryers, 
curing ovens, and kilns that are used to manufacture refractory products 
that use organic HAP; shape preheaters, pitch working tanks, defumers, 
and coking ovens used to produce pitch-impregnated refractory products; 
kilns that are used to manufacture chromium refractory products; and 
kilns that are used to manufacture clay refractory products.
    (d) Shape dryers, curing ovens, kilns, coking ovens, defumers, shape 
preheaters, and pitch working tanks that are research and development 
(R&D) process units are not subject to the requirements of this subpart. 
(See definition of research and development process unit inSec. 
63.9824).
    (e) A source is a new affected source if you began construction of 
the affected source after June 20, 2002, and you met the applicability 
criteria at the time you began construction.
    (f) An affected source is reconstructed if you meet the criteria as 
defined inSec. 63.2.
    (g) An affected source is existing if it is not new or 
reconstructed.



Sec.  63.9786  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to paragraphs (a)(1) and (2) of this 
section.
    (1) If the initial startup of your affected source is before April 
16, 2003, then you must comply with the emission limitations for new and 
reconstructed sources in this subpart no later than April 16, 2003.
    (2) If the initial startup of your affected source is after April 
16, 2003, then you must comply with the emission limitations for new and 
reconstructed sources in this subpart upon initial startup of your 
affected source.

[[Page 97]]

    (b) If you have an existing affected source, you must comply with 
the emission limitations for existing sources no later than April 17, 
2006.
    (c) You must be in compliance with this subpart when you conduct a 
performance test on an affected source.
    (d) If you have an existing area source that increases its emissions 
or its potential to emit such that it becomes a major source of HAP, you 
must be in compliance with this subpart according to paragraphs (d)(1) 
and (2) of this section.
    (1) Any portion of the existing facility that is a new affected 
source or a new reconstructed source must be in compliance with this 
subpart upon startup.
    (2) All other parts of the existing facility must be in compliance 
with this subpart by 3 years after the date the area source becomes a 
major source.
    (e) If you have a new area source (i.e., an area source for which 
construction or reconstruction was commenced after June 20, 2002) that 
increases its emissions or its potential to emit such that it becomes a 
major source of HAP, you must be in compliance with this subpart upon 
initial startup of your affected source as a major source.
    (f) You must meet the notification requirements inSec. 63.9812 
according to the schedule inSec. 63.9812 and in 40 CFR part 63, 
subpart A. Some of the notifications must be submitted before you are 
required to comply with the emission limitations in this subpart.

            Emission Limitations and Work Practice Standards



Sec.  63.9788  What emission limits, operating limits, and work 
practice standards must I meet?

    (a) You must meet each emission limit in Table 1 to this subpart 
that applies to you.
    (b) You must meet each operating limit in Table 2 to this subpart 
that applies to you.
    (c) You must meet each work practice standard in Table 3 to this 
subpart that applies to you.



Sec.  63.9790  What are my options for meeting the emission limits?

    To meet the emission limits in Table 1 to this subpart, you must use 
one or both of the options listed in paragraphs (a) and (b) of this 
section.
    (a) Emissions control system. Use an emissions capture and 
collection system and an add-on air pollution control device (APCD) and 
demonstrate that the resulting emissions or emissions reductions meet 
the applicable emission limits in Table 1 to this subpart, and 
demonstrate that the capture and collection system and APCD meet the 
applicable operating limits in Table 2 to this subpart.
    (b) Process changes. Use raw materials that have little or no 
potential to emit HAP during the refractory products manufacturing 
process or implement manufacturing process changes and demonstrate that 
the resulting emissions or emissions reductions meet the applicable 
emission limits in Table 1 to this subpart without an add-on APCD.

                     General Compliance Requirements



Sec.  63.9792  What are my general requirements for complying with
this subpart?

    (a) You must be in compliance with the emission limitations 
(including operating limits and work practice standards) in this subpart 
at all times, except during periods specified in paragraphs (a)(1) and 
(2) of this section.
    (1) Periods of startup, shutdown, and malfunction.
    (2) Periods of scheduled maintenance on a control device that is 
used on an affected continuous kiln, as specified in paragraph (e) of 
this section.
    (b) Except as specified in paragraph (e) of this section, you must 
always operate and maintain your affected source, including air 
pollution control and monitoring equipment, according to the provisions 
inSec. 63.6(e)(1)(i). During the period between the compliance date 
specified for your affected source inSec. 63.9786 and the date upon 
which continuous monitoring systems have been installed and validated 
and any applicable operating limits have been established, you must 
maintain a log detailing the operation and maintenance of the process 
and emissions control equipment.
    (c) You must develop a written startup, shutdown, and malfunction 
plan (SSMP) according to the provisions inSec. 63.6(e)(3).

[[Page 98]]

    (d) You must prepare and implement a written operation, maintenance, 
and monitoring (OM&M) plan according to the requirements inSec. 
63.9794.
    (e) If you own or operate an affected continuous kiln and must 
perform scheduled maintenance on the control device for that kiln, you 
may bypass the kiln control device and continue operating the kiln upon 
approval by the Administrator, provided you satisfy the conditions 
listed in paragraphs (e)(1) through (3) of this section.
    (1) You must request approval from the Administrator to bypass the 
control device while the scheduled maintenance is performed. You must 
submit a separate request each time you plan to bypass the control 
device, and your request must include the information specified in 
paragraphs (e)(1)(i) through (vi) of this section.
    (i) Reason for the scheduled maintenance.
    (ii) Explanation for why the maintenance cannot be performed when 
the kiln is shut down.
    (iii) Detailed description of the maintenance activities.
    (iv) Time required to complete the maintenance.
    (v) How you will minimize HAP emissions from the kiln during the 
period when the control device is out of service.
    (vi) How you will minimize the time when the kiln is operating and 
the control device is out of service for scheduled maintenance.
    (2) You must minimize HAP emissions during the period when the kiln 
is operating and the control device is out of service.
    (3) You must minimize the time period during which the kiln is 
operating and the control device is out of service.
    (f) You must be in compliance with the provisions of subpart A of 
this part, except as noted in Table 11 to this subpart.

[68 FR 18747, Apr. 16, 2003, as amended at 71 FR 20471, Apr. 20, 2006]



Sec.  63.9794  What do I need to know about operation, maintenance,
and monitoring plans?

    (a) For each continuous parameter monitoring system (CPMS) required 
by this subpart, you must develop, implement, make available for 
inspection, and revise, as necessary, an OM&M plan that includes the 
information in paragraphs (a)(1) through (13) of this section.
    (1) A list and identification of each process and add-on APCD that 
is required by this subpart to be monitored, the type of monitoring 
device that will be used, and the operating parameters that will be 
monitored.
    (2) Specifications for the sensor, signal analyzer, and data 
collection system.
    (3) A monitoring schedule that specifies the frequency that the 
parameter values will be determined and recorded.
    (4) The operating limits for each parameter that represent 
continuous compliance with the emission limitations inSec. 63.9788, 
based on values of the monitored parameters recorded during performance 
tests.
    (5) Procedures for installing the CPMS at a measurement location 
relative to each process unit or APCD such that measurement is 
representative of control of emissions.
    (6) Procedures for the proper operation and routine and long-term 
maintenance of each process unit and APCD, including a maintenance and 
inspection schedule that is consistent with the manufacturer's 
recommendations.
    (7) Procedures for the proper operation and maintenance of 
monitoring equipment consistent with the requirements in Sec.Sec. 
63.8(c)(1), (3), (4)(ii), (7), and (8), and 63.9804.
    (8) Ongoing data quality assurance procedures in accordance with the 
general requirements ofSec. 63.8(d).
    (9) Procedures for evaluating the performance of each CPMS.
    (10) Procedures for responding to operating parameter deviations, 
including the procedures in paragraphs (a)(10)(i) through (iii) of this 
section:
    (i) Procedures for determining the cause of the operating parameter 
deviation.
    (ii) Actions for correcting the deviation and returning the 
operating parameters to the allowable limits.
    (iii) Procedures for recording the times that the deviation began 
and ended, and when corrective actions were initiated and completed.

[[Page 99]]

    (11) Procedures for keeping records to document compliance and 
reporting in accordance with the requirements ofSec. 63.10(c), (e)(1), 
and (e)(2)(i).
    (12) If you operate a kiln that is subject to the limits on the type 
of fuel used, as specified in items 3 and 4 of Table 3 to subpart SSSSS, 
procedures for using alternative fuels.
    (13) If you operate an affected continuous kiln and you plan to take 
the kiln control device out of service for scheduled maintenance, as 
specified inSec. 63.9792(e), the procedures specified in paragraphs 
(a)(13)(i) and (ii) of this section.
    (i) Procedures for minimizing HAP emissions from the kiln during 
periods of scheduled maintenance of the kiln control device when the 
kiln is operating and the control device is out of service.
    (ii) Procedures for minimizing any period of scheduled maintenance 
on the kiln control device when the kiln is operating and the control 
device is out of service.
    (b) Changes to the operating limits in your OM&M plan require a new 
performance test. If you are revising an operating limit parameter 
value, you must meet the requirements in paragraphs (b)(1) and (2) of 
this section.
    (1) Submit a Notification of Performance Test to the Administrator 
as specified inSec. 63.7(b).
    (2) After completing the performance tests to demonstrate that 
compliance with the emission limits can be achieved at the revised 
operating limit parameter value, you must submit the performance test 
results and the revised operating limits as part of the Notification of 
Compliance Status required underSec. 63.9(h).
    (c) If you are revising the inspection and maintenance procedures in 
your OM&M plan, you do not need to conduct a new performance test.

               Testing and Initial Compliance Requirements



Sec.  63.9796  By what date must I conduct performance tests?

    You must conduct performance tests within 180 calendar days after 
the compliance date that is specified for your source inSec. 63.9786 
and according to the provisions inSec. 63.7(a)(2).



Sec.  63.9798  When must I conduct subsequent performance tests?

    (a) You must conduct a performance test every 5 years following the 
initial performance test, as part of renewing your 40 CFR part 70 or 40 
CFR part 71 operating permit.
    (b) You must conduct a performance test when you want to change the 
parameter value for any operating limit specified in your OM&M plan.
    (c) If you own or operate a source that is subject to the emission 
limits specified in items 2 through 9 of Table 1 to this subpart, you 
must conduct a performance test on the source(s) listed in paragraphs 
(c)(1) and (2) of this section before you start production of any 
refractory product for which the organic HAP processing rate is likely 
to exceed by more than 10 percent the maximum organic HAP processing 
rate established during the most recent performance test on that same 
source.
    (1) Each affected shape dryer or curing oven that is used to process 
the refractory product with the higher organic HAP processing rate.
    (2) Each affected kiln that follows an affected shape dryer or 
curing oven and is used to process the refractory product with the 
higher organic HAP processing rate.
    (d) If you own or operate a kiln that is subject to the emission 
limits specified in item 5 or 9 of Table 1 to this subpart, you must 
conduct a performance test on the affected kiln following any process 
changes that are likely to increase organic HAP emissions from the kiln 
(e.g., a decrease in the curing cycle time for a curing oven that 
precedes the affected kiln in the process line).
    (e) If you own or operate a clay refractory products kiln that is 
subject to the emission limits specified in item 10 or 11 of Table 1 to 
this subpart and is controlled with a dry limestone adsorber (DLA), you 
must conduct a performance test on the affected kiln following any 
change in the source of limestone used in the DLA.

[[Page 100]]



Sec.  63.9800  How do I conduct performance tests and establish
operating limits?

    (a) You must conduct each performance test in Table 4 to this 
subpart that applies to you.
    (b) Before conducting the performance test, you must install and 
validate all monitoring equipment.
    (c) Each performance test must be conducted according to the 
requirements inSec. 63.7 and under the specific conditions in Table 4 
to this subpart.
    (d) You may not conduct performance tests during periods of startup, 
shutdown, or malfunction, as specified inSec. 63.7(e)(1).
    (e) You must conduct separate test runs for at least the duration 
specified for each performance test required in this section, as 
specified inSec. 63.7(e)(3) and Table 4 to this subpart.
    (f) For batch process sources, you must satisfy the requirements 
specified in paragraphs (f)(1) through (5) of this section.
    (1) You must conduct at least two test runs.
    (2) Each test run must last an entire batch cycle unless you develop 
an emissions profile, as specified in items 8(a)(i)(4) and 17(b)(i)(4) 
of Table 4 to this subpart, or you satisfy the conditions for 
terminating a test run prior to the completion of a batch cycle as 
specified in item 8(a)(i)(5) of Table 4 to this subpart.
    (3) Each test run must be performed over a separate batch cycle 
unless you satisfy the conditions for conducting both test runs over a 
single batch cycle, as described in paragraphs (f)(3)(i) and (ii) of 
this section.
    (i) You do not produce the product that corresponds to the maximum 
organic HAP processing rate for that batch process source in consecutive 
batch cycles.
    (ii) To produce that product in two consecutive batch cycles would 
disrupt production of other refractory products.
    (4) If you want to conduct a performance test over a single batch 
cycle, you must include in your Notification of Performance Test the 
rationale for testing over a single batch cycle.
    (5) If you are granted approval to conduct a performance test over a 
single batch cycle, you must use paired sampling trains and collect two 
sets of emissions data. Each set of data can be considered a separate 
test run.
    (g) You must use the data gathered during the performance test and 
the equations in paragraphs (g)(1) through (3) of this section to 
determine compliance with the emission limitations.
    (1) To determine compliance with the total hydrocarbon (THC) 
emission concentration limit listed in Table 1 to this subpart, you must 
calculate your emission concentration corrected to 18 percent oxygen for 
each test run using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR16AP03.000

Where:

C THC-C=THC concentration, corrected to 18 percent oxygen, 
          parts per million by volume, dry basis (ppmvd)
C THC=THC concentration (uncorrected), ppmvd
CO2=oxygen concentration, percent.

    (2) To determine compliance with any of the emission limits based on 
percentage reduction across an emissions control system specified in 
Table 1 to this subpart, you must calculate the percentage reduction for 
each test run using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR16AP03.001

Where:

PR=percentage reduction, percent
ERi=mass emissions rate of specific HAP or pollutant (THC, 
          HF, or HCl) entering the control device, kilograms (pounds) 
          per hour
ERo=mass emissions rate of specific HAP or pollutant (THC, 
          HF, or HCl) exiting the control device, kilograms (pounds) per 
          hour.

    (3) To determine compliance with production-based hydrogen fluoride 
(HF) and hydrogen chloride (HCl) emission limits in Table 1 to this 
subpart, you must calculate your mass emissions per unit of uncalcined 
clay processed for each test run using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR16AP03.002


[[Page 101]]


Where:

MP=mass per unit of production, kilograms of pollutant per megagram 
          (pounds per ton) of uncalcined clay processed
ER=mass emissions rate of specific HAP (HF or HCl) during each 
          performance test run, kilograms (pounds) per hour
P=average uncalcined clay processing rate for the performance test, 
          megagrams (tons) of uncalcined clay processed per hour.

    (h) You must establish each site-specific operating limit in Table 2 
to this subpart that applies to you, as specified in Table 4 to this 
subpart.
    (i) For each affected source that is equipped with an add-on APCD 
that is not addressed in Table 2 to this subpart or that is using 
process changes as a means of meeting the emission limits in Table 1 to 
this subpart, you must meet the requirements inSec. 63.8(f) and 
paragraphs (i)(1) through (3) of this section.
    (1) For sources subject to the THC concentration limit specified in 
item 3 or 7 of Table 1 to this subpart, you must satisfy the 
requirements specified in paragraphs (i)(1)(i) through (iii) of this 
section.
    (i) You must install a THC continuous emissions monitoring system 
(CEMS) at the outlet of the control device or in the stack of the 
affected source.
    (ii) You must meet the requirements specified in Performance 
Specification (PS) 8 of 40 CFR part 60, appendix B.
    (iii) You must meet the requirements specified in Procedure 1 of 40 
CFR part 60, appendix F.
    (2) For sources subject to the emission limits specified in item 3, 
4, 7, or 8 of Table 1 to this subpart, you must submit a request for 
approval of alternative monitoring methods to the Administrator no later 
than the submittal date for the Notification of Performance Test, as 
specified inSec. 63.9812(d). The request must contain the information 
specified in paragraphs (i)(2)(i) through (v) of this section.
    (i) Description of the alternative add-on APCD or process changes.
    (ii) Type of monitoring device or method that will be used, 
including the sensor type, location, inspection procedures, quality 
assurance and quality control measures, and data recording device.
    (iii) Operating parameters that will be monitored.
    (iv) Frequency that the operating parameter values will be 
determined and recorded to establish continuous compliance with the 
operating limits.
    (v) Averaging time.
    (3) You must establish site-specific operating limits during the 
performance test based on the information included in the approved 
alternative monitoring methods request and, as applicable, as specified 
in Table 4 to this subpart.



Sec.  63.9802  How do I develop an emissions profile?

    If you decide to develop an emissions profile for an affected batch 
process source; as indicated in item 8(a)(i)(4) or 17(b)(i)(4) of Table 
4 to this subpart, you must measure and record mass emissions of the 
applicable pollutant throughout a complete batch cycle of the affected 
batch process source according to the procedures described in paragraph 
(a) or (b) of this section.
    (a) If your affected batch process source is subject to the THC 
concentration limit specified in item 6(a), 7(a), 8, or 9 of Table 1 to 
this subpart or the THC percentage reduction limit specified in item 
6(b) or 7(b) of Table 1 to this subpart, you must measure and record the 
THC mass emissions rate at the inlet to the control device using the 
test methods, averaging periods, and procedures specified in items 10(a) 
and (b) of Table 4 to this subpart for each complete hour of the batch 
process cycle.
    (b) If your affected batch process source is subject to the HF and 
HCl percentage reduction emission limits in item 11 of Table 1 to this 
subpart, you must measure and record the HF mass emissions rate at the 
inlet to the control device through a series of 1-hour test runs 
according to the test method specified in item 14(a) of Table 4 to this 
subpart for each complete hour of the batch process cycle.



Sec.  63.9804  What are my monitoring system installation, operation,
and maintenance requirements?

    (a) You must install, operate, and maintain each CPMS required by 
this subpart according to your OM&M plan

[[Page 102]]

and the requirements in paragraphs (a)(1) through (15) of this section.
    (1) You must satisfy all applicable requirements of performance 
specifications for CPMS specified in 40 CFR part 60, appendix B, upon 
promulgation of such performance specifications.
    (2) You must satisfy all applicable requirements of quality 
assurance (QA) procedures for CPMS specified in 40 CFR part 60, appendix 
F, upon promulgation of such QA procedures.
    (3) You must install each sensor of your CPMS in a location that 
provides representative measurement of the appropriate parameter over 
all operating conditions, taking into account the manufacturer's 
guidelines.
    (4) You must use a CPMS that is capable of measuring the appropriate 
parameter over a range that extends from a value of at least 20 percent 
less than the lowest value that you expect your CPMS to measure, to a 
value of at least 20 percent greater than the highest value that you 
expect your CPMS to measure.
    (5) You must use a data acquisition and recording system that is 
capable of recording values over the entire range specified in paragraph 
(a)(4) of this section.
    (6) You must use a signal conditioner, wiring, power supply, and 
data acquisition and recording system that are compatible with the 
output signal of the sensors used in your CPMS.
    (7) You must perform an initial calibration of your CPMS based on 
the procedures specified in the manufacturer's owner's manual.
    (8) You must use a CPMS that is designed to complete a minimum of 
one cycle of operation for each successive 15-minute period. To have a 
valid hour of data, you must have at least three of four equally-spaced 
data values (or at least 75 percent of the total number of values if you 
collect more than four data values per hour) for that hour (not 
including startup, shutdown, malfunction, or out-of-control periods).
    (9) You must record valid data from at least 90 percent of the hours 
during which the affected source or process operates.
    (10) You must determine and record the 15-minute block averages of 
all measurements, calculated after every 15 minutes of operation as the 
average of the previous 15 operating minutes (not including periods of 
startup, shutdown, or malfunction).
    (11) You must determine and record the 3-hour block averages of all 
15-minute recorded measurements, calculated after every 3 hours of 
operation as the average of the previous 3 operating hours (not 
including periods of startup, shutdown, or malfunction).
    (12) You must record the results of each inspection, calibration, 
initial validation, and accuracy audit.
    (13) At all times, you must maintain your CPMS including, but not 
limited to, maintaining necessary parts for routine repairs of the CPMS.
    (14) You must perform an initial validation of your CPMS under the 
conditions specified in paragraphs (14)(i) and (ii) of this section.
    (i) Prior to the initial performance test on the affected source for 
which the CPMS is required.
    (ii) Within 180 days of your replacing or relocating one or more of 
the sensors of your CPMS.
    (15) Except for redundant sensors, as defined inSec. 63.9824, any 
device that you use to conduct an initial validation or accuracy audit 
of your CPMS must meet the accuracy requirements specified in paragraphs 
(15)(i) and (ii) of this section.
    (i) The device must have an accuracy that is traceable to National 
Institute of Standards and Technology (NIST) standards.
    (ii) The device must be at least three times as accurate as the 
required accuracy for the CPMS.
    (b) For each temperature CPMS that is used to monitor the combustion 
chamber temperature of a thermal oxidizer or the catalyst bed inlet 
temperature of a catalytic oxidizer, you must meet the requirements in 
paragraphs (a) and (b)(1) through (6) of this section.
    (1) Use a temperature CPMS with a minimum accuracy of 1.0 percent of the temperature value or 2.8 degrees 
Celsius ([deg]C) (5 degrees Fahrenheit ([deg]F)), whichever is greater.
    (2) Use a data recording system with a minimum resolution of one-
half or better of the required CPMS accuracy

[[Page 103]]

specified in paragraph (b)(1) of this section.
    (3) Perform an initial validation of your CPMS according to the 
requirements in paragraph (3)(i) or (ii) of this section.
    (i) Place the sensor of a calibrated temperature measurement device 
adjacent to the sensor of your temperature CPMS in a location that is 
subject to the same environment as the sensor of your temperature CPMS. 
The calibrated temperature measurement device must satisfy the accuracy 
requirements of paragraph (a)(15) of this section. While the process and 
control device that is monitored by your CPMS are operating normally, 
record concurrently and compare the temperatures measured by your 
temperature CPMS and the calibrated temperature measurement device. 
Using the calibrated temperature measurement device as the reference, 
the temperature measured by your CPMS must be within the accuracy 
specified in paragraph (b)(1) of this section.
    (ii) Perform any of the initial validation methods for temperature 
CPMS specified in performance specifications for CPMS established in 40 
CFR part 60, appendix B.
    (4) Perform an accuracy audit of your temperature CPMS at least 
quarterly, according to the requirements in paragraph (b)(4)(i), (ii), 
or (iii) of this section.
    (i) If your temperature CPMS includes a redundant temperature 
sensor, record three pairs of concurrent temperature measurements within 
a 24-hour period. Each pair of concurrent measurements must consist of a 
temperature measurement by each of the two temperature sensors. The 
minimum time interval between any two such pairs of consecutive 
temperature measurements is 1 hour. The measurements must be taken 
during periods when the process and control device that is monitored by 
your temperature CPMS are operating normally. Calculate the mean of the 
three values for each temperature sensor. The mean values must agree 
within the required overall accuracy of the CPMS, as specified in 
paragraph (b)(1) of this section.
    (ii) If your temperature CPMS does not include a redundant 
temperature sensor, place the sensor of a calibrated temperature 
measurement device adjacent to the sensor of your temperature CPMS in a 
location that is subject to the same environment as the sensor of your 
temperature CPMS. The calibrated temperature measurement device must 
satisfy the accuracy requirements of paragraph (a)(15) of this section. 
While the process and control device that is monitored by your 
temperature CPMS are operating normally, record concurrently and compare 
the temperatures measured by your CPMS and the calibrated temperature 
measurement device. Using the calibrated temperature measurement device 
as the reference, the temperature measured by your CPMS must be within 
the accuracy specified in paragraph (b)(1) of this section.
    (iii) Perform any of the accuracy audit methods for temperature CPMS 
specified in QA procedures for CPMS established in 40 CFR part 60, 
appendix F.
    (5) Conduct an accuracy audit of your CPMS following any 24-hour 
period throughout which the temperature measured by your CPMS exceeds 
the manufacturer's specified maximum operating temperature range, or 
install a new temperature sensor.
    (6) If your CPMS is not equipped with a redundant temperature 
sensor, perform at least quarterly a visual inspection of all components 
of the CPMS for integrity, oxidation, and galvanic corrosion.
    (c) For each pressure CPMS that is used to monitor the pressure drop 
across a DLA or wet scrubber, you must meet the requirements in 
paragraphs (a) and (c)(1) through (7) of this section.
    (1) Use a pressure CPMS with a minimum accuracy of 5.0 percent or 0.12 kilopascals (kPa) (0.5 inches of 
water column (in. w.c.)), whichever is greater.
    (2) Use a data recording system with a minimum resolution of one-
half the required CPMS accuracy specified in paragraph (c)(1) of this 
section, or better.
    (3) Perform an initial validation of your pressure CPMS according to 
the requirements in paragraph (c)(3)(i) or (ii) of this section.

[[Page 104]]

    (i) Place the sensor of a calibrated pressure measurement device 
adjacent to the sensor of your pressure CPMS in a location that is 
subject to the same environment as the sensor of your pressure CPMS. The 
calibrated pressure measurement device must satisfy the accuracy 
requirements of paragraph (a)(15) of this section. While the process and 
control device that is monitored by your CPMS are operating normally, 
record concurrently and compare the pressure measured by your CPMS and 
the calibrated pressure measurement device. Using the calibrated 
pressure measurement device as the reference, the pressure measured by 
your CPMS must be within the accuracy specified in paragraph (c)(1) of 
this section.
    (ii) Perform any of the initial validation methods for pressure CPMS 
specified in performance specifications for CPMS established in 40 CFR 
part 60, appendix B.
    (4) Perform an accuracy audit of your pressure CPMS at least 
quarterly, according to the requirements in paragraph (c)(4)(i), (ii), 
or (iii) of this section.
    (i) If your pressure CPMS includes a redundant pressure sensor, 
record three pairs of concurrent pressure measurements within a 24-hour 
period. Each pair of concurrent measurements must consist of a pressure 
measurement by each of the two pressure sensors. The minimum time 
interval between any two such pairs of consecutive pressure measurements 
is 1 hour. The measurements must be taken during periods when the 
process and control device that is monitored by your CPMS are operating 
normally. Calculate the mean of the three pressure measurement values 
for each pressure sensor. The mean values must agree within the required 
overall accuracy of the CPMS, as specified in paragraph (c)(1) of this 
section.
    (ii) If your pressure CPMS does not include a redundant pressure 
sensor, place the sensor of a calibrated pressure measurement device 
adjacent to the sensor of your pressure CPMS in a location that is 
subject to the same environment as the sensor of your pressure CPMS. The 
calibrated pressure measurement device must satisfy the accuracy 
requirements of paragraph (a)(15) of this section. While the process and 
control device that is monitored by your pressure CPMS are operating 
normally, record concurrently and compare the pressure measured by your 
CPMS and the calibrated pressure measurement device. Using the 
calibrated pressure measurement device as the reference, the pressure 
measured by your CPMS must be within the accuracy specified in paragraph 
(c)(1) of this section.
    (iii) Perform any of the accuracy audit methods for pressure CPMS 
specified in QA procedures for CPMS established in 40 CFR part 60, 
appendix F.
    (5) Conduct an accuracy audit of your CPMS following any 24-hour 
period throughout which the pressure measured by your CPMS exceeds the 
manufacturer's specified maximum operating pressure range, or install a 
new pressure sensor.
    (6) At least monthly, check all mechanical connections on your CPMS 
for leakage.
    (7) If your CPMS is not equipped with a redundant pressure sensor, 
perform at least quarterly a visual inspection of all components of the 
CPMS for integrity, oxidation, and galvanic corrosion.
    (d) For each liquid flow rate CPMS that is used to monitor the 
liquid flow rate in a wet scrubber, you must meet the requirements in 
paragraphs (a) and (d)(1) through (7) of this section.
    (1) Use a flow rate CPMS with a minimum accuracy of 5.0 percent or 1.9 liters per minute (L/min) (0.5 
gallons per minute (gal/min)), whichever is greater.
    (2) Use a data recording system with a minimum resolution of one-
half the required CPMS accuracy specified in paragraph (d)(1) of this 
section, or better.
    (3) Perform an initial validation of your CPMS according to the 
requirements in paragraph (3)(i) or (ii) of this section.
    (i) Use a calibrated flow rate measurement system to measure the 
liquid flow rate in a location that is adjacent to the measurement 
location for your flow rate CPMS and is subject to the same environment 
as your flow rate CPMS. The calibrated flow rate measurement device must 
satisfy the accuracy requirements of paragraph (a)(15)

[[Page 105]]

of this section. While the process and control device that is monitored 
by your flow rate CPMS are operating normally, record concurrently and 
compare the flow rates measured by your flow rate CPMS and the 
calibrated flow rate measurement device. Using the calibrated flow rate 
measurement device as the reference, the flow rate measured by your CPMS 
must be within the accuracy specified in paragraph (d)(1) of this 
section.
    (ii) Perform any of the initial validation methods for liquid flow 
rate CPMS specified in performance specifications for CPMS established 
in 40 CFR part 60, appendix B.
    (4) Perform an accuracy audit of your flow rate CPMS at least 
quarterly, according to the requirements in paragraph (d)(4)(i), (ii), 
or (iii) of this section.
    (i) If your flow rate CPMS includes a redundant sensor, record three 
pairs of concurrent flow rate measurements within a 24-hour period. Each 
pair of concurrent measurements must consist of a flow rate measurement 
by each of the two flow rate sensors. The minimum time interval between 
any two such pairs of consecutive flow rate measurements is 1 hour. The 
measurements must be taken during periods when the process and control 
device that is monitored by your flow rate CPMS are operating normally. 
Calculate the mean of the three flow rate measurement values for each 
flow rate sensor. The mean values must agree within the required overall 
accuracy of the CPMS, as specified in paragraph (d)(1) of this section.
    (ii) If your flow rate CPMS does not include a redundant flow rate 
sensor, place the sensor of a calibrated flow rate measurement device 
adjacent to the sensor of your flow rate CPMS in a location that is 
subject to the same environment as the sensor of your flow rate CPMS. 
The calibrated flow rate measurement device must satisfy the accuracy 
requirements of paragraph (a)(15) of this section. While the process and 
control device that is monitored by your flow rate CPMS are operating 
normally, record concurrently and compare the flow rate measured by your 
pressure CPMS and the calibrated flow rate measurement device. Using the 
calibrated flow rate measurement device as the reference, the flow rate 
measured by your CPMS must be within the accuracy specified in paragraph 
(d)(1) of this section.
    (iii) Perform any of the accuracy audit methods for liquid flow rate 
CPMS specified in QA procedures for CPMS established in 40 CFR part 60, 
appendix F.
    (5) Conduct an accuracy audit of your flow rate CPMS following any 
24-hour period throughout which the flow rate measured by your CPMS 
exceeds the manufacturer's specified maximum operating range, or install 
a new flow rate sensor.
    (6) At least monthly, check all mechanical connections on your CPMS 
for leakage.
    (7) If your CPMS is not equipped with a redundant flow rate sensor, 
perform at least quarterly a visual inspection of all components of the 
CPMS for integrity, oxidation, and galvanic corrosion.
    (e) For each pH CPMS that is used to monitor the pH of a wet 
scrubber liquid, you must meet the requirements in paragraphs (a) and 
(e)(1) through (5) of this section.
    (1) Use a pH CPMS with a minium accuracy of 0.2 pH units.
    (2) Use a data recording system with a minimum resolution of 0.1 pH 
units, or better.
    (3) Perform an initial validation of your pH CPMS according to the 
requirements in paragraph (e)(3)(i) or (ii) of this section.
    (i) Perform a single-point calibration using an NIST-certified 
buffer solution that is accurate to within 0.02 pH 
units at 25 [deg]C (77 [deg]F). If the expected pH of the liquid that is 
monitored lies in the acidic range (less than 7 pH), use a buffer 
solution with a pH value of 4.00. If the expected pH of the liquid that 
is monitored is neutral or lies in the basic range (equal to or greater 
than 7 pH), use a buffer solution with a pH value of 10.00. Place the 
electrode of your pH CPMS in the container of buffer solution. Record 
the pH measured by your CPMS. Using the certified buffer solution as the 
reference, the pH measured by your CPMS must be within the accuracy 
specified in paragraph (e)(1) of this section.

[[Page 106]]

    (ii) Perform any of the initial validation methods for pH CPMS 
specified in performance specifications for CPMS established in 40 CFR 
part 60, appendix B.
    (4) Perform an accuracy audit of your pH CPMS at least weekly, 
according to the requirements in paragraph (e)(4)(i), (ii), or (iii) of 
this section.
    (i) If your pH CPMS includes a redundant pH sensor, record the pH 
measured by each of the two pH sensors. The measurements must be taken 
during periods when the process and control device that is monitored by 
your pH CPMS are operating normally. The two pH values must agree within 
the required overall accuracy of the CPMS, as specified in paragraph 
(e)(1) of this section.
    (ii) If your pH CPMS does not include a redundant pH sensor, perform 
a single point calibration using an NIST-certified buffer solution that 
is accurate to within 0.02 pH units at 25 [deg]C 
(77 [deg]F). If the expected pH of the liquid that is monitored lies in 
the acidic range (less than 7 pH), use a buffer solution with a pH value 
of 4.00. If the expected pH of the liquid that is monitored is neutral 
or lies in the basic range (equal to or greater than 7 pH), use a buffer 
solution with a pH value of 10.00. Place the electrode of the pH CPMS in 
the container of buffer solution. Record the pH measured by your CPMS. 
Using the certified buffer solution as the reference, the pH measured by 
your CPMS must be within the accuracy specified in paragraph (e)(1) of 
this section.
    (iii) Perform any of the accuracy audit methods for pH CPMS 
specified in QA procedures for CPMS established in 40 CFR part 60, 
appendix F.
    (5) If your CPMS is not equipped with a redundant pH sensor, perform 
at least monthly a visual inspection of all components of the CPMS for 
integrity, oxidation, and galvanic corrosion.
    (f) For each bag leak detection system, you must meet the 
requirements in paragraphs (f)(1) through (11) of this section.
    (1) Each triboelectric bag leak detection system must be installed, 
calibrated, operated, and maintained according to the ``Fabric Filter 
Bag Leak Detection Guidance'' (EPA-454/R-98-015, September 1997). That 
document is available from the U.S. EPA; Office of Air Quality Planning 
and Standards; Emissions, Monitoring and Analysis Division; Emission 
Measurement Center (D205-02), Research Triangle Park, NC 27711. It is 
also available on the Technology Transfer Network (TTN) at the following 
address: http://www.epa.gov/ttn/emc/cem.html. Other types of bag leak 
detection systems must be installed, operated, calibrated, and 
maintained in a manner consistent with the manufacturer's written 
specifications and recommendations.
    (2) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter (PM) 
emissions at concentrations of 10 milligrams per actual cubic meter 
(0.0044 grains per actual cubic foot) or less.
    (3) The bag leak detection system sensor must provide an output of 
relative PM loadings.
    (4) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (5) The bag leak detection system must be equipped with an alarm 
system that will be engaged automatically when an increase in relative 
PM emissions over a preset level is detected. The alarm must be located 
where it is easily recognized by plant operating personnel.
    (6) For positive pressure fabric filter systems, a bag leak detector 
must be installed in each baghouse compartment or cell.
    (7) For negative pressure or induced air fabric filters, the bag 
leak detector must be installed downstream of the fabric filter.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (9) The baseline output must be established by adjusting the range 
and the averaging period of the device and establishing the alarm set 
points and the alarm delay time according to section 5.0 of the ``Fabric 
Filter Bag Leak Detection Guidance.''
    (10) Following initial adjustment of the system, the owner or 
operator must not adjust the sensitivity or

[[Page 107]]

range, averaging period, alarm set points, or alarm delay time except as 
detailed in the OM&M plan. In no case may the sensitivity be increased 
by more than 100 percent or decreased by more than 50 percent over a 
365-day period unless such adjustment follows a complete fabric filter 
inspection that demonstrates that the fabric filter is in good operating 
condition. You must record each adjustment of your bag leak detection 
system.
    (11) Record the results of each inspection, calibration, and 
validation check.
    (g) For each lime feed rate measurement device that is used to 
monitor the lime feed rate of a dry injection fabric filter (DIFF) or 
dry lime scrubber/fabric filter (DLS/FF), or the chemical feed rate of a 
wet scrubber, you must meet the requirements in paragraph (a) of this 
section.
    (h) For each affected source that is subject to the emission limit 
specified in item 3, 4, 7, or 8 of Table 1 to this subpart, you must 
satisfy the requirements of paragraphs (h)(1) through (3) of this 
section.
    (1) Install a THC CEMS at the outlet of the control device or in the 
stack of the affected source.
    (2) Meet the requirements of PS-8 of 40 CFR part 60, appendix B.
    (3) Meet the requirements of Procedure 1 of 40 CFR part 60, appendix 
F.
    (i) Requests for approval of alternate monitoring methods must meet 
the requirements in Sec.Sec. 63.9800(i)(2) and 63.8(f).



Sec.  63.9806  How do I demonstrate initial compliance with the emission
limits, operating limits, and work practice standards?

    (a) You must demonstrate initial compliance with each emission limit 
that applies to you according to the requirements specified in Table 5 
to this subpart.
    (b) You must establish each site-specific operating limit in Table 2 
to this subpart that applies to you according to the requirements 
specified inSec. 63.9800 and Table 4 to this subpart.
    (c) You must demonstrate initial compliance with each work practice 
standard that applies to you according to the requirements specified in 
Table 6 to this subpart.
    (d) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements inSec. 63.9812(e).

                   Continuous Compliance Requirements



Sec.  63.9808  How do I monitor and collect data to demonstrate
continuous compliance?

    (a) You must monitor and collect data according to this section.
    (b) At all times, you must maintain your monitoring systems 
including, but not limited to, maintaining necessary parts for routine 
repairs of the monitoring equipment.
    (c) Except for, as applicable, monitoring system malfunctions, 
associated repairs, and required quality assurance or quality control 
activities, you must monitor continuously whenever your affected process 
unit is operating. For purposes of calculating data averages, you must 
not use data recorded during monitoring system malfunctions, associated 
repairs, and required quality assurance or quality control activities. 
You must use all the data collected during all other periods in 
assessing compliance. A monitoring system malfunction is any sudden, 
infrequent, not reasonably preventable failure of the monitoring system 
to provide valid data. Monitoring system malfunctions include out of 
control continuous monitoring systems (CMS), such as a CPMS. Any 
averaging period for which you do not have valid monitoring data as a 
result of a monitoring system malfunction and for which such data are 
required constitutes a deviation, and you must notify the Administrator 
in accordance withSec. 63.9814(e). Monitoring system failures are 
different from monitoring system malfunctions in that they are caused in 
part by poor maintenance or careless operation. Any period for which 
there is a monitoring system failure and data are not available for 
required calculations constitutes a deviation and you must notify the 
Administrator in accordance withSec. 63.9814(e).



Sec.  63.9810  How do I demonstrate continuous compliance with the
emission limits, operating limits, and work practice standards?

    (a) You must demonstrate continuous compliance with each emission

[[Page 108]]

limit specified in Table 1 to this subpart that applies to you according 
to the requirements specified in Table 7 to this subpart.
    (b) You must demonstrate continuous compliance with each operating 
limit specified in Table 2 to this subpart that applies to you according 
to the requirements specified in Table 8 to this subpart.
    (c) You must demonstrate continuous compliance with each work 
practice standard specified in Table 3 to this subpart that applies to 
you according to the requirements specified in Table 9 to this subpart.
    (d) For each affected source that is equipped with an add-on APCD 
that is not addressed in Table 2 to this subpart or that is using 
process changes as a means of meeting the emission limits in Table 1 to 
this subpart, you must demonstrate continuous compliance with each 
emission limit in Table 1 to this subpart and each operating limit 
established as required inSec. 63.9800(i)(3) according to the methods 
specified in your approved alternative monitoring methods request as 
described inSec. 63.9800(i)(2).
    (e) You must report each instance in which you did not meet each 
emission limit and each operating limit in this subpart that applies to 
you. This includes periods of startup, shutdown, and malfunction. These 
instances are deviations from the emission limitations in this subpart. 
These deviations must be reported according to the requirements inSec. 
63.9814.
    (1) [Reserved]
    (2) Consistent with Sec.Sec. 63.6(e) and 63.7(e)(1), deviations 
that occur during a period of startup, shutdown, or malfunction are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance withSec. 63.6(e)(1) and your OM&M 
plan. The Administrator will determine whether deviations that occur 
during a period of startup, shutdown, or malfunction are violations, 
according to the provisions inSec. 63.6(e).

[68 FR 18747, Apr. 16, 2003, as amended at 71 FR 20471, Apr. 20, 2006]

                   Notifications, Reports, and Records



Sec.  63.9812  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec.Sec. 63.7(b) 
and (c), 63.8(f)(4), and 63.9 (b) through (e) and (h) that apply to you 
by the dates specified.
    (b) As specified inSec. 63.9(b)(2) and (3), if you start up your 
affected source before April 16, 2003, you must submit an Initial 
Notification not later than 120 calendar days after April 16, 2003.
    (c) As specified inSec. 63.9(b)(3), if you start up your new or 
reconstructed affected source on or after April 16, 2003, you must 
submit an Initial Notification not later than 120 calendar days after 
you become subject to this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a Notification of Performance Test at least 60 calendar days 
before the performance test is scheduled to begin, as required inSec. 
63.7(b)(1).
    (e) If you are required to conduct a performance test, you must 
submit a Notification of Compliance Status as specified inSec. 63.9(h) 
and paragraphs (e)(1) and (2) of this section.
    (1) For each compliance demonstration that includes a performance 
test conducted according to the requirements in Table 4 to this subpart, 
you must submit the Notification of Compliance Status, including the 
performance test results, before the close of business on the 60th 
calendar day following the completion of the performance test, according 
toSec. 63.10(d)(2).
    (2) In addition to the requirements inSec. 63.9(h)(2)(i), you must 
include the information in paragraphs (e)(2)(i) through (iv) of this 
section in your Notification of Compliance Status.
    (i) The operating limit parameter values established for each 
affected source with supporting documentation and a description of the 
procedure used to establish the values.
    (ii) Design information and analysis with supporting documentation 
demonstrating conformance with requirements for capture/collection 
systems in Table 2 to this subpart.
    (iii) A description of the methods used to comply with any 
applicable work practice standard.

[[Page 109]]

    (iv) For each APCD that includes a fabric filter, analysis and 
supporting documentation demonstrating conformance with EPA guidance and 
specifications for bag leak detection systems inSec. 63.9804(f).
    (f) If you operate a clay refractory products kiln or a chromium 
refractory products kiln that is subject to the work practice standard 
specified in item 3 or 4 of Table 3 to this subpart, and you intend to 
use a fuel other than natural gas or equivalent to fire the affected 
kiln, you must submit a notification of alternative fuel use within 48 
hours of the declaration of a period of natural gas curtailment or 
supply interruption, as defined inSec. 63.9824. The notification must 
include the information specified in paragraphs (f)(1) through (5) of 
this section.
    (1) Company name and address.
    (2) Identification of the affected kiln.
    (3) Reason you are unable to use natural gas or equivalent fuel, 
including the date when the natural gas curtailment was declared or the 
natural gas supply interruption began.
    (4) Type of alternative fuel that you intend to use.
    (5) Dates when the alternative fuel use is expected to begin and 
end.
    (g) If you own or operate an affected continuous kiln and must 
perform scheduled maintenance on the control device for that kiln, you 
must request approval from the Administrator before bypassing the 
control device, as specified inSec. 63.9792(e). You must submit a 
separate request for approval each time you plan to bypass the kiln 
control device.



Sec.  63.9814  What reports must I submit and when?

    (a) You must submit each report in Table 10 to this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports underSec. 63.10(a), you must submit each report 
by the date in Table 10 to this subpart and as specified in paragraphs 
(b)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source inSec. 
63.9786 and ending on June 30 or December 31 and lasting at least 6 
months but less than 12 months. For example, if your compliance date is 
March 1, then the first semiannual reporting period would begin on March 
1 and end on December 31.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31 for compliance periods ending on June 
30 and December 31, respectively.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31 for compliance periods 
ending on June 30 and December 31, respectively.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71 and, if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in paragraphs (b)(1) through (4) of 
this section. In such cases, you must notify the Administrator of this 
change.
    (c) The compliance report must contain the information in paragraphs 
(c)(1) through (6) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying that, based on information and belief 
formed after reasonable inquiry, the statements and information in the 
report are true, accurate, and complete.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown, or malfunction during the 
reporting period, and you took actions consistent with your SSMP and 
OM&M plan, the compliance report must include the information specified 
inSec. 63.10(d)(5)(i).
    (5) If there are no deviations from any emission limitations 
(emission

[[Page 110]]

limit, operating limit, or work practice standard) that apply to you, 
the compliance report must include a statement that there were no 
deviations from the emission limitations during the reporting period.
    (6) If there were no periods during which any affected CPMS was out 
of control as specified inSec. 63.8(c)(7), the compliance report must 
include a statement that there were no periods during which the CPMS was 
out of control during the reporting period.
    (d) For each deviation from an emission limitation (emission limit, 
operating limit, or work practice standard) that occurs at an affected 
source where you are not using a CPMS to comply with the emission 
limitations in this subpart, the compliance report must contain the 
information in paragraphs (c)(1) through (4) and (d)(1) and (2) of this 
section. This includes periods of startup, shutdown, and malfunction.
    (1) The compliance report must include the total operating time of 
each affected source during the reporting period.
    (2) The compliance report must include information on the number, 
duration, and cause of deviations (including unknown cause, if 
applicable) and the corrective action taken.
    (e) For each deviation from an emission limitation (emission limit, 
operating limit, or work practice standard) occurring at an affected 
source where you are using a CPMS to comply with the emission limitation 
in this subpart, the compliance report must include the information in 
paragraphs (c)(1) through (4) and (e)(1) through (13) of this section. 
This includes periods of startup, shutdown, and malfunction.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) The date and time that each startup, shutdown, or malfunction 
started and stopped.
    (3) The date, time, and duration that each CPMS was inoperative.
    (4) The date, time and duration that each CPMS was out of control, 
including the information inSec. 63.8(c)(8), as required by your OM&M 
plan.
    (5) The date and time that each deviation from an emission 
limitation (emission limit, operating limit, or work practice standard) 
started and stopped, and whether each deviation occurred during a period 
of startup, shutdown, or malfunction.
    (6) A description of corrective action taken in response to a 
deviation.
    (7) A summary of the total duration of the deviations during the 
reporting period and the total duration as a percentage of the total 
source operating time during that reporting period.
    (8) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (9) A summary of the total duration of CPMS downtime during the 
reporting period and the total duration of CPMS downtime as a percentage 
of the total source operating time during that reporting period.
    (10) A brief description of the process units.
    (11) A brief description of the CPMS.
    (12) The date of the latest CPMS initial validation or accuracy 
audit.
    (13) A description of any changes in CPMS, processes, or controls 
since the last reporting period.
    (f) If you have obtained a title V operating permit pursuant to 40 
CFR part 70 or 40 CFR part 71, you must report all deviations as defined 
in this subpart in the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a 
compliance report according to Table 10 to this subpart along with, or 
as part of, the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance 
report includes all required information concerning deviations from any 
emission limitation (including any operating limit), then submitting the 
compliance report will satisfy any obligation to report the same 
deviations in the semiannual monitoring report. However, submitting a 
compliance report will not otherwise affect any obligation you may have 
to report deviations from permit requirements to the permit authority.
    (g) If you operate a clay refractory products kiln or a chromium 
refractory products kiln that is subject to the work practice standard 
specified in

[[Page 111]]

item 3 or 4 of Table 3 to this subpart, and you use a fuel other than 
natural gas or equivalent to fire the affected kiln, you must submit a 
report of alternative fuel use within 10 working days after terminating 
the use of the alternative fuel. The report must include the information 
in paragraphs (g)(1) through (6) of this section.
    (1) Company name and address.
    (2) Identification of the affected kiln.
    (3) Reason for using the alternative fuel.
    (4) Type of alternative fuel used to fire the affected kiln.
    (5) Dates that the use of the alternative fuel started and ended.
    (6) Amount of alternative fuel used.



Sec.  63.9816  What records must I keep?

    (a) You must keep the records listed in paragraphs (a)(1) through 
(3) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirements inSec. 63.10(b)(2)(xiv).
    (2) The records inSec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) Records of performance tests as required inSec. 
63.10(b)(2)(viii).
    (b) You must keep the records required in Tables 7 through 9 to this 
subpart to show continuous compliance with each emission limitation that 
applies to you.
    (c) You must also maintain the records listed in paragraphs (c)(1) 
through (10) of this section.
    (1) Records of emission data used to develop an emissions profile, 
as indicated in items 8(a)(i)(4) and 17(b)(i)(4) of Table 4 to this 
subpart.
    (2) Records that document how you comply with any applicable work 
practice standard.
    (3) For each bag leak detection system, records of each alarm, the 
time of the alarm, the time corrective action was initiated and 
completed, and a brief description of the cause of the alarm and the 
corrective action taken.
    (4) For each kiln controlled with a DLA, records that document the 
source of limestone used.
    (5) For each deviation of an operating limit parameter value, the 
date, time, and duration of the deviation, a brief explanation of the 
cause of the deviation and the corrective action taken, and whether the 
deviation occurred during a period of startup, shutdown, or malfunction.
    (6) For each affected source, records of production rate on a 
process throughput basis (either feed rate to the process unit or 
discharge rate from the process unit).
    (7) Records of any approved alternative monitoring method(s) or test 
procedure(s).
    (8) Records of maintenance activities and inspections performed on 
control devices, including all records associated with the scheduled 
maintenance of continuous kiln control devices, as specified inSec. 
63.9792(e).
    (9) If you operate a source that is subject to the THC emission 
limits specified in item 2, 3, 6, or 7 of Table 1 to this subpart and is 
controlled with a catalytic oxidizer, records of annual checks of 
catalyst activity levels and subsequent corrective actions.
    (10) Current copies of the SSMP and the OM&M plan, including any 
revisions and records documenting conformance with those revisions.



Sec.  63.9818  In what form and how long must I keep my records?

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

[[Page 112]]

                   Other Requirements and Information



Sec.  63.9820  What parts of the General Provisions apply to me?

    Table 11 to this subpart shows which parts of the General Provisions 
specified in Sec.Sec. 63.1 through 63.15 apply to you.



Sec.  63.9822  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
Environmental Protection Agency (U.S. EPA), or a delegated authority 
such as your State, local, or tribal agency. If the U.S. EPA 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency, in addition to the U.S. EPA, has the authority 
to implement and enforce this subpart. You should contact your U.S. EPA 
Regional Office to find out if implementation and enforcement to this 
subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority to this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities contained in paragraph (c) of this section 
are retained by the Administrator of the U.S. EPA and are not 
transferred to the State, local, or tribal agency.
    (c) The authorities that 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 applicability requirements in 
Sec.Sec. 63.9782 and 63.9784, the compliance date requirements in 
Sec.  63.9786, and the emission limitations inSec. 63.9788.
    (2) Approval of major changes to test methods underSec. 
63.7(e)(2)(ii) and (f) and as defined inSec. 63.90.
    (3) Approval of major changes to monitoring underSec. 63.8(f) and 
as defined inSec. 63.90.
    (4) Approval of major changes to recordkeeping and reporting under 
Sec.  63.10(f) and as defined inSec. 63.90.



Sec.  63.9824  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 40 
CFR 63.2, the General Provisions of this part, and in this section as 
follows:
    Additive means a minor addition of a chemical, mineral, or metallic 
substance that is added to a refractory mixture to facilitate processing 
or impart specific properties to the final refractory product.
    Add-on air pollution control device (APCD) means equipment installed 
on a process vent that reduces the quantity of a pollutant that is 
emitted to the air.
    Autoclave means a vessel that is used to impregnate fired and/or 
unfired refractory shapes with pitch to form pitch-impregnated 
refractory products. Autoclaves also can be used as defumers following 
the impregnation process.
    Bag leak detection system means an instrument that is capable of 
monitoring particulate matter loadings in the exhaust of a fabric filter 
in order to detect bag failures. A bag leak detection system includes, 
but is not limited to, an instrument that operates on triboelectric, 
light-scattering, light-transmittance, or other effects to monitor 
relative PM loadings.
    Basket means the metal container used to hold refractory shapes for 
pitch impregnation during the shape preheating, impregnation, defuming, 
and, if applicable, coking processes.
    Batch process means a process in which a set of refractory shapes is 
acted upon as a single unit according to a predetermined schedule, 
during which none of the refractory shapes being processed are added or 
removed. A batch process does not operate continuously.
    Binder means a substance added to a granular material to give it 
workability and green or dry strength.
    Catalytic oxidizer means an add-on air pollution control device that 
is designed specifically to destroy organic compounds in a process 
exhaust gas stream by catalytic incineration. A catalytic oxidizer 
includes a bed of catalyst media through which the process exhaust 
stream passes to promote combustion and incineration at a lower 
temperature than would be possible without the catalyst.

[[Page 113]]

    Chromium refractory product means a refractory product that contains 
at least 1 percent chromium by weight.
    Clay refractory product means a refractory product that contains at 
least 10 percent uncalcined clay by weight prior to firing in a kiln. In 
this definition, the term ``clay'' means any of the following six 
classifications of clay defined by the U.S. Geologic Survey: ball clay, 
bentonite, common clay and shale, fire clay, fuller's earth, and kaolin.
    Coking oven means a thermal process unit that operates at a peak 
temperature typically between 540[deg] and 870 [deg]C (1000[deg] and 
1600 [deg]F) and is used to drive off the volatile constituents of 
pitch-impregnated refractory shapes under a reducing or oxygen-deprived 
atmosphere.
    Continuous parameter monitoring system (CPMS) means the total 
equipment that is used to measure and record temperature, pressure, 
liquid flow rate, gas flow rate, or pH on a continuous basis in one or 
more locations. ``Total equipment'' includes the sensor, mechanical 
components, electronic components, data acquisition system, data 
recording system, electrical wiring, and other components of a CPMS.
    Continuous process means a process that operates continuously. In a 
continuous process unit, the materials or shapes that are processed are 
either continuously charged (fed) to and discharged from the process 
unit, or are charged and discharged at regular time intervals without 
the process unit being shut down. Continuous thermal process units, such 
as tunnel kilns, generally include temperature zones that are maintained 
at relatively constant temperature and through which the materials or 
shapes being processed are conveyed continuously or at regular time 
intervals.
    Curing oven means a thermal process unit that operates at a peak 
temperature typically between 90[deg] and 340 [deg]C (200[deg] and 650 
[deg]F) and is used to activate a thermosetting resin, pitch, or other 
binder in refractory shapes. Curing ovens also perform the same function 
as shape dryers in removing the free moisture from refractory shapes.
    Defumer means a process unit that is used for holding pitch-
impregnated refractory shapes as the shapes defume or cool immediately 
following the impregnation process. This definition includes autoclaves 
that are opened and exhausted to the atmosphere following an 
impregnation cycle and used for holding pitch-impregnated refractory 
shapes while the shapes defume or cool.
    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 (emission 
limit, 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 for any affected source 
required to obtain such a permit; or
    (3) Fails to meet any emission limitation (emission limit, 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.
    Dry injection fabric filter (DIFF) means an add-on air pollution 
control device that includes continuous injection of hydrated lime or 
other sorbent into a duct or reaction chamber followed by a fabric 
filter.
    Dry lime scrubber/fabric filter (DLS/FF) means an add-on air 
pollution control device that includes continuous injection of 
humidified hydrated lime or other sorbent into a reaction chamber 
followed by a fabric filter. These systems may include recirculation of 
some of the sorbent.
    Dry limestone adsorber (DLA) means an air pollution control device 
that includes a limestone storage bin, a reaction chamber that is 
essentially a packed-tower filled with limestone, and may or may not 
include a peeling drum that mechanically scrapes reacted limestone to 
regenerate the stone for reuse.
    Emission limitation means any restriction on the emissions a process 
unit may discharge.
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering a process exhaust stream through 
a filter or

[[Page 114]]

filter media; a fabric filter is also known as a baghouse.
    Fired refractory shape means a refractory shape that has been fired 
in a kiln.
    HAP means any hazardous air pollutant that appears in section 112(b) 
of the Clean Air Act.
    Kiln means a thermal process unit that operates at a peak 
temperature greater than 820 [deg]C (1500 [deg]F) and is used for firing 
or sintering refractory, ceramic, or other shapes.
    Kiln furniture means any refractory shape that is used to hold, 
support, or position ceramic or refractory products in a kiln during the 
firing process.
    Maximum organic HAP processing rate means the combination of process 
and refractory product formulation that has the greatest potential to 
emit organic HAP. The maximum organic HAP processing rate is a function 
of the organic HAP processing rate, process operating temperature, and 
other process operating parameters that affect emissions of organic HAP. 
(See also the definition of organic HAP processing rate.)
    Organic HAP processing rate means the rate at which the mass of 
organic HAP materials contained in refractory shapes are processed in an 
affected thermal process unit. The organic HAP processing rate is a 
function of the amount of organic HAP contained in the resins, binders, 
and additives used in a refractory mix; the amounts of those resins, 
binders, and additives in the refractory mix; and the rate at which the 
refractory shapes formed from the refractory mix are processed in an 
affected thermal process unit. For continuous process units, the organic 
HAP processing rate is expressed in units of mass of organic HAP per 
unit of time (e.g., pounds per hour). For batch process units, the 
organic HAP processing rate is expressed in units of mass of organic HAP 
per unit mass of refractory shapes processed during the batch process 
cycle (e.g., pounds per ton).
    Particulate matter (PM) means, for the purposes of this subpart, 
emissions of particulate matter that serve as a measure of total 
particulate emissions as measured by EPA Method 5 of 40 CFR part 60, 
appendix A.
    Peak emissions period means the period of consecutive hourly mass 
emissions of the applicable pollutant that is greater than any other 
period of consecutive hourly mass emissions for the same pollutant over 
the course of a specified batch process cycle, as defined in paragraphs 
(1) and (2) of this definition. The peak emissions period is a function 
of the rate at which the temperature of the refractory shapes is 
increased, the mass and loading configuration of the shapes in the 
process unit, the constituents of the refractory mix, and the type of 
pollutants emitted.
    (1) The 3-hour peak THC emissions period is the period of 3 
consecutive hours over which the sum of the hourly THC mass emissions 
rates is greater than the sum of the hourly THC mass emissions rates for 
any other period of 3 consecutive hours during the same batch process 
cycle.
    (2) The 3-hour peak HF emissions period is the period of 3 
consecutive hours over which the sum of the hourly HF mass emissions 
rates is greater than the sum of the hourly HF mass emissions rates for 
any other period of 3 consecutive hours during the same batch process 
cycle.
    Period of natural gas curtailment or supply interruption means a 
period of time during which the supply of natural gas to an affected 
facility is halted for reasons beyond the control of the facility. An 
increase in the cost or unit price of natural gas does not constitute a 
period of natural gas curtailment or supply interruption.
    Pitch means the residue from the distillation of petroleum or coal 
tar.
    Pitch-bonded refractory product means a formed refractory product 
that is manufactured using pitch as a bonding agent. Pitch-bonded 
refractory products are manufactured by mixing pitch with magnesium 
oxide, graphite, alumina, silicon carbide, silica, or other refractory 
raw materials, and forming the mix into shapes. After forming, pitch-
bonded refractory products are cured in a curing oven and may be 
subsequently fired in a kiln.
    Pitch-impregnated refractory product means a refractory shape that 
has been fired in a kiln, then impregnated with heated coal tar or 
petroleum pitch

[[Page 115]]

under pressure. After impregnation, pitch-impregnated refractory shapes 
may undergo the coking process in a coking oven. The total carbon 
content of a pitch-impregnated refractory product is less than 50 
percent.
    Pitch working tank means a tank that is used for heating pitch to 
the impregnation temperature, typically between 150[deg] and 260 [deg]C 
(300[deg] and 500 [deg]F); temporarily storing heated pitch between 
impregnation cycles; and transferring pitch to and from the autoclave 
during the impregnation step in manufacturing pitch-impregnated 
refractory products.
    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.
    Redundant sensor means a second sensor or a back-up sensor that is 
integrated into a CPMS and is used to check the parameter value (e.g., 
temperature, pressure) measured by the primary sensor of the CPMS.
    Refractory product means nonmetallic materials containing less than 
50 percent carbon by weight and having those chemical and physical 
properties that make them applicable for structures, or as components of 
systems, that are exposed to environments above 538 [deg]C (1000 
[deg]F). This definition includes, but is not limited to: refractory 
bricks, kiln furniture, crucibles, refractory ceramic fiber, and other 
materials used as linings for boilers, kilns, and other processing units 
and equipment where extremes of temperature, corrosion, and abrasion 
would destroy other materials.
    Refractory products that use organic HAP means resin-bonded 
refractory products, pitch-bonded refractory products, and other 
refractory products that are produced using a substance that is an 
organic HAP, that releases an organic HAP during production of the 
refractory product, or that contains an organic HAP, such as methanol or 
ethylene glycol.
    Refractory shape means any refractory piece forming a stable mass 
with specific dimensions.
    Research and development process unit means any process unit whose 
purpose is to conduct research and development for new processes and 
products and is not engaged in the manufacture of products for 
commercial sale, except in a de minimis manner.
    Resin-bonded refractory product means a formed refractory product 
that is manufactured using a phenolic resin or other type of 
thermosetting resin as a bonding agent. Resin-bonded refractory products 
are manufactured by mixing resin with alumina, magnesium oxide, 
graphite, silica, zirconia, or other refractory raw materials, and 
forming the mix into shapes. After forming, resin-bonded refractory 
products are cured in a curing oven and may be subsequently fired in a 
kiln.
    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 decisionmaking 
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 representatives 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 EPA); or

[[Page 116]]

    (4) For affected sources (as defined in this subpart) 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.
    Shape dryer means a thermal process unit that operates at a peak 
temperature typically between 40[deg] and 700 [deg]C (100[deg] and 1300 
[deg]F) and is used exclusively to reduce the free moisture content of a 
refractory shape. Shape dryers generally are the initial thermal process 
step following the forming step in refractory products manufacturing. 
(See also the definition of a curing oven.)
    Shape preheater means a thermal process unit that operates at a peak 
temperature typically between 180[deg] and 320 [deg]C (350[deg] and 600 
[deg]F) and is used to heat fired refractory shapes prior to the 
impregnation step in manufacturing pitch-impregnated refractory 
products.
    Thermal oxidizer means an add-on air pollution control device that 
includes one or more combustion chambers and is designed specifically to 
destroy organic compounds in a process exhaust gas stream by 
incineration.
    Uncalcined clay means clay that has not undergone thermal processing 
in a calciner.
    Wet scrubber means an add-on air pollution control device that 
removes pollutants from a gas stream by bringing them into contact with 
a liquid, typically water.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the Clean Air Act.



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

    As stated inSec. 63.9788, you must comply with the emission limits 
for affected sources in the following table:

------------------------------------------------------------------------
                                           You must meet the following
               For . . .                      emission limits . . .
------------------------------------------------------------------------
1. Each new or existing curing oven,     As specified in items 2 through
 shape dryer, and kiln that is used to    9 of this table.
 process refractory products that use
 organic HAP; each new or existing
 coking oven and defumer that is used
 to produce pitch-impregnated
 refractory products; each new shape
 preheater that is used to produce
 pitch-impregnated refractory products;
 AND each new or existing process unit
 that is exhausted to a thermal or
 catalytic oxidizer that also controls
 emissions from an affected shape
 preheater or pitch working tank.
2. Continuous process units that are     a. The 3-hour block average THC
 controlled with a thermal or catalytic   concentration must not exceed
 oxidizer.                                20 parts per million by
                                          volume, dry basis (ppmvd),
                                          corrected to 18 percent
                                          oxygen, at the outlet of the
                                          control device; or
                                         b. The 3-hour block average THC
                                          mass emissions rate must be
                                          reduced by at least 95
                                          percent.
3. Continuous process units that are     a. The 3-hour block average THC
 equipped with a control device other     concentration must not exceed
 than a thermal or catalytic oxidizer.    20 ppmvd, corrected to 18
                                          percent oxygen, at the outlet
                                          of the control device; or
                                         b. The 3-hour block average THC
                                          mass emissions rate must be
                                          reduced by at least 95
                                          percent.
4. Continuous process units that use     The 3-hour block average THC
 process changes to reduce organic HAP    concentration must not exceed
 emissions.                               20 ppmvd, corrected to 18
                                          percent oxygen, at the outlet
                                          of the process gas stream.
5. Continuous kilns that are not         The 3-hour block average THC
 equipped with a control device.          concentration must not exceed
                                          20 ppmvd, corrected to 18
                                          percent oxygen, at the outlet
                                          of the process gas stream.
6. Batch process units that are          a. The 2-run block average THC
 controlled with a thermal or catalytic   concentration for the 3-hour
 oxidizer.                                peak emissions period must not
                                          exceed 20 ppmvd, corrected to
                                          18 percent oxygen, at the
                                          outlet of the control device;
                                          or
                                         b. The 2-run block average THC
                                          mass emissions rate for the 3-
                                          hour peak emissions period
                                          must be reduced by at least 95
                                          percent.
7. Batch process units that are          a. The 2-run block average THC
 equipped with a control device other     concentration for the 3-hour
 than a thermal or catalytic oxidizer.    peak emissions period must not
                                          exceed 20 ppmvd, corrected to
                                          18 percent oxygen, at the
                                          outlet of the control device;
                                          or

[[Page 117]]

 
                                         b. The 2-run block average THC
                                          mass emissions rate for the 3-
                                          hour peak emissions period
                                          must be reduced by at least 95
                                          percent.
8. Batch process units that use process  The 2-run block average THC
 changes to reduce organic HAP            concentration for the 3-hour
 emissions.                               peak emissions period must not
                                          exceed 20 ppmvd, corrected to
                                          18 percent oxygen, at the
                                          outlet of the process gas
                                          stream.
9. Batch process kilns that are not      The 2-run block average THC
 equipped with a control device.          concentration for the 3-hour
                                          peak emissions period must not
                                          exceed 20 ppmvd, corrected to
                                          18 percent oxygen, at the
                                          outlet of the process gas
                                          stream.
10. Each new continuous kiln that is     a. The 3-hour block average HF
 used to produce clay refractory          emissions must not exceed
 products.                                0.019 kilograms per megagram
                                          (kg/Mg) (0.038 pounds per ton
                                          (lb/ton)) of uncalcined clay
                                          processed, OR the 3-hour block
                                          average HF mass emissions rate
                                          must be reduced by at least 90
                                          percent; and
                                         b. The 3-hour block average HCl
                                          emissions must not exceed
                                          0.091 kg/Mg (0.18 lb/ton) of
                                          uncalcined clay processed, OR
                                          the 3-hour block average HCl
                                          mass emissions rate must be
                                          reduced by at least 30
                                          percent.
11. Each new batch process kiln that is  a. The 2-run block average HF
 used to produce clay refractory          mass emissions rate for the 3-
 products.                                hour peak emissions period
                                          must be reduced by at least 90
                                          percent; and
                                         b. The 2-run block average HCl
                                          mass emissions rate for the 3-
                                          hour peak emissions period
                                          must be reduced by at least 30
                                          percent.
------------------------------------------------------------------------



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

    As stated inSec. 63.9788, you must comply with the operating 
limits for affected sources in the following table:]

------------------------------------------------------------------------
               For . . .                          You must . . .
------------------------------------------------------------------------
1. Each affected source listed in Table  a. Operate all affected sources
 1 to this subpart.                       according to the requirements
                                          to this subpart on and after
                                          the date on which the initial
                                          performance test is conducted
                                          or required to be conducted,
                                          whichever date is earlier; and
                                         b. Capture emissions and vent
                                          them through a closed system;
                                          and
                                         c. Operate each control device
                                          that is required to comply
                                          with this subpart on each
                                          affected source during all
                                          periods that the source is
                                          operating, except where
                                          specified in Sec.
                                          63.9792(e), item 2 of this
                                          table, and item 13 of Table 4
                                          to this subpart; and
                                         d. Record all operating
                                          parameters specified in Table
                                          8 to this subpart for the
                                          affected source; and
                                         e. Prepare and implement a
                                          written OM&M plan as specified
                                          inSec.  63.9792(d).
2. Each affected continuous kiln that    a. Receive approval from the
 is equipped with an emission control     Administrator before taking
 device.                                  the control device on the
                                          affected kiln out of service
                                          for scheduled maintenance, as
                                          specified in Sec.
                                          63.9792(e); and
                                         b. Minimize HAP emissions from
                                          the affected kiln during all
                                          periods of scheduled
                                          maintenance of the kiln
                                          control device when the kiln
                                          is operating and the control
                                          device is out of service; and
                                         c. Minimize the duration of all
                                          periods of scheduled
                                          maintenance of the kiln
                                          control device when the kiln
                                          is operating and the control
                                          device is out of service.
3. Each new or existing curing oven,     Satisfy the applicable
 shape dryer, and kiln that is used to    operating limits specified in
 process refractory products that use     items 4 through 9 of this
 organic HAP; each new or existing        table.
 coking oven and defumer that is used
 to produce pitch-impregnated
 refractory products; each new shape
 preheater that is used to produce
 pitch-impregnated refractory products;
 AND each new or existing process unit
 that is exhausted to a thermal or
 catalytic oxidizer that also controls
 emissions from an affected shape
 preheater or pitch working tank.
4. Each affected continuous process      Maintain the 3-hour block
 unit.                                    average organic HAP processing
                                          rate (pounds per hour) at or
                                          below the maximum organic HAP
                                          processing rate established
                                          during the most recent
                                          performance test.

[[Page 118]]

 
5. Continuous process units that are     Maintain the 3-hour block
 equipped with a thermal oxidizer.        average operating temperature
                                          in the thermal oxidizer
                                          combustion chamber at or above
                                          the minimum allowable
                                          operating temperature for the
                                          oxidizer established during
                                          the most recent performance
                                          test.
6. Continuous process units that are     a. Maintain the 3-hour block
 equipped with a catalytic oxidizer.      average operating temperature
                                          at the inlet of the catalyst
                                          bed of the oxidizer at or
                                          above the minimum allowable
                                          operating temperature for the
                                          oxidizer established during
                                          the most recent performance
                                          test; and
                                         b. Check the activity level of
                                          the catalyst at least every 12
                                          months.
7. Each affected batch process unit....  For each batch cycle, maintain
                                          the organic HAP processing
                                          rate (pounds per batch) at or
                                          below the maximum organic HAP
                                          processing rate established
                                          during the most recent
                                          performance test.
8. Batch process units that are          a. From the start of each batch
 equipped with a thermal oxidizer.        cycle until 3 hours have
                                          passed since the process unit
                                          reached maximum temperature,
                                          maintain the hourly average
                                          operating temperature in the
                                          thermal oxidizer combustion
                                          chamber at or above the
                                          minimum allowable operating
                                          temperature established for
                                          the corresponding period
                                          during the most recent
                                          performance test, as
                                          determined according to item
                                          11 of Table 4 to this subpart;
                                          and
                                         b. For each subsequent hour of
                                          the batch cycle, maintain the
                                          hourly average operating
                                          temperature in the thermal
                                          oxidizer combustion chamber at
                                          or above the minimum allowable
                                          operating temperature
                                          established for the
                                          corresponding hour during the
                                          most recent performance test,
                                          as specified in item 13 of
                                          Table 4 to this subpart.
9. Batch process units that are          a. From the start of each batch
 equipped with a catalytic oxidizer.      cycle until 3 hours have
                                          passed since the process unit
                                          reached maximum temperature,
                                          maintain the hourly average
                                          operating temperature at the
                                          inlet of the catalyst bed at
                                          or above the minimum allowable
                                          operating temperature
                                          established for the
                                          corresponding period during
                                          the most recent performance
                                          test, as determined according
                                          to item 12 of Table 4 to this
                                          subpart; and
                                         b. For each subsequent hour of
                                          the batch cycle, maintain the
                                          hourly average operating
                                          temperature at the inlet of
                                          the catalyst bed at or above
                                          the minimum allowable
                                          operating temperature
                                          established for the
                                          corresponding hour during the
                                          most recent performance test,
                                          as specified in item 13 of
                                          Table 4 to this subpart; and
                                         c. Check the activity level of
                                          the catalyst at least every 12
                                          months.
10. Each new kiln that is used to        Satisfy the applicable
 process clay refractory products.        operating limits specified in
                                          items 11 through 13 of this
                                          table.
11. Each affected kiln that is equipped  a. Maintain the 3-hour block
 with a DLA.                              average pressure drop across
                                          the DLA at or above the
                                          minimum levels established
                                          during the most recent
                                          performance test; and
                                         b. Maintain free-flowing
                                          limestone in the feed hopper,
                                          silo, and DLA at all times;
                                          and
                                         c. Maintain the limestone
                                          feeder at or above the level
                                          established during the most
                                          recent performance test; and
                                         d. Use the same grade of
                                          limestone from the same source
                                          as was used during the most
                                          recent performance test and
                                          maintain records of the source
                                          and type of limestone used.
12. Each affected kiln that is equipped  a. Initiate corrective action
 with a DIFF or DLS/FF.                   within 1 hour of a bag leak
                                          detection system alarm and
                                          complete corrective actions in
                                          accordance with the OM&M plan;
                                          and
                                         b. Verify at least once each 8-
                                          hour shift that lime is free-
                                          flowing by means of a visual
                                          check, checking the output of
                                          a load cell, carrier gas/lime
                                          flow indicator, or carrier gas
                                          pressure drop measurement
                                          system; and
                                         c. Record the lime feeder
                                          setting daily to verify that
                                          the feeder setting is at or
                                          above the level established
                                          during the most recent
                                          performance test.
13. Each affected kiln that is equipped  a. Maintain the 3-hour block
 with a wet scrubber.                     average pressure drop across
                                          the scrubber, liquid pH, and
                                          liquid flow rate at or above
                                          the minimum levels established
                                          during the most recent
                                          performance test; and
                                         b. If chemicals are added to
                                          the scrubber liquid, maintain
                                          the 3-hour block average
                                          chemical feed rate at or above
                                          the minimum chemical feed rate
                                          established during the most
                                          recent performance test.
------------------------------------------------------------------------


[[Page 119]]



    Sec. Table 3 to Subpart SSSSS of Part 63--Work Practice Standards

    As stated inSec. 63.9788, you must comply with the work practice 
standards for affected sources in the following table:

------------------------------------------------------------------------
                                                       According to one
            For . . .               You must . . .     of the following
                                                      requirements . . .
------------------------------------------------------------------------
1. Each basket or container that  a. Control POM      i. At least every
 is used for holding fired         emissions from      10 preheating
 refractory shapes in an           any affected        cycles, clean the
 existing shape preheater and      shape preheater.    residual pitch
 autoclave during the pitch                            from the surfaces
 impregnation process.                                 of the basket or
                                                       container by
                                                       abrasive blasting
                                                       prior to placing
                                                       the basket or
                                                       container in the
                                                       affected shape
                                                       preheater; or
                                                      ii. At least every
                                                       10 preheating
                                                       cycles, subject
                                                       the basket or
                                                       container to a
                                                       thermal process
                                                       cycle that meets
                                                       or exceeds the
                                                       operating
                                                       temperature and
                                                       cycle time of the
                                                       affected
                                                       preheater, AND is
                                                       conducted in a
                                                       process unit that
                                                       is exhausted to a
                                                       thermal or
                                                       catalytic
                                                       oxidizer that is
                                                       comparable to the
                                                       control device
                                                       used on an
                                                       affected defumer
                                                       or coking oven;
                                                       or
                                                      iii. Capture
                                                       emissions from
                                                       the affected
                                                       shape preheater
                                                       and vent them to
                                                       the control
                                                       device that is
                                                       used to control
                                                       emissions from an
                                                       affected defumer
                                                       or coking oven,
                                                       or to a
                                                       comparable
                                                       thermal or
                                                       catalytic
                                                       oxidizer.
2. Each new or existing pitch     Control POM         Capture emissions
 working tank.                     emissions.          from the affected
                                                       pitch working
                                                       tank and vent
                                                       them to the
                                                       control device
                                                       that is used to
                                                       control emissions
                                                       from an affected
                                                       defumer or coking
                                                       oven, OR to a
                                                       comparable
                                                       thermal or
                                                       catalytic
                                                       oxidizer.
3. Each new or existing chromium  Minimize fuel-      Use natural gas,
 refractory products kiln.         based HAP           or equivalent, as
                                   emissions.          the kiln fuel,
                                                       except during
                                                       periods of
                                                       natural gas
                                                       curtailment or
                                                       supply
                                                       interruption, as
                                                       defined in Sec.
                                                       63.9824.
4. Each existing clay refractory  Minimize fuel-      Use natural gas,
 products kiln.                    based HAP           or equivalent, as
                                   emissions.          the kiln fuel,
                                                       except during
                                                       periods of
                                                       natural gas
                                                       curtailment or
                                                       supply
                                                       interruption, as
                                                       defined in Sec.
                                                       63.9824.
------------------------------------------------------------------------



 Sec. Table 4 to Subpart SSSSS to Part 63--Requirements for Performance 
                                  Tests

    As stated inSec. 63.9800, you must comply with the requirements 
for performance tests for affected sources in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                             According to the
              For . . .                    You must . . .             Using . . .         following requirements
                                                                                                  . . .
----------------------------------------------------------------------------------------------------------------
1. Each affected source listed in     a. Conduct performance    i. The requirements of   (1) Record the date of
 Table 1 to this subpart.              tests.                    the general provisions   the test; and
                                                                 in subpart A of this    (2) Identify the
                                                                 part and the             emission source that
                                                                 requirements to this     is tested; and
                                                                 subpart.                (3) Collect and record
                                                                                          the corresponding
                                                                                          operating parameter
                                                                                          and emission test data
                                                                                          listed in this table
                                                                                          for each run of the
                                                                                          performance test; and
                                                                                         (4) Repeat the
                                                                                          performance test at
                                                                                          least every 5 years;
                                                                                          and
                                                                                         (5) Repeat the
                                                                                          performance test
                                                                                          before changing the
                                                                                          parameter value for
                                                                                          any operating limit
                                                                                          specified in your OM&M
                                                                                          plan; and

[[Page 120]]

 
                                                                                         (6) If complying with
                                                                                          the THC concentration
                                                                                          or THC percentage
                                                                                          reduction limits
                                                                                          specified in items 2
                                                                                          through 9 of Table 1
                                                                                          to this subpart,
                                                                                          repeat the performance
                                                                                          test under the
                                                                                          conditions specified
                                                                                          in items 2.a.2. and
                                                                                          2.a.3. of this table;
                                                                                          and
                                                                                         (7) If complying with
                                                                                          the emission limits
                                                                                          for new clay
                                                                                          refractory products
                                                                                          kilns specified in
                                                                                          items 10 and 11 of
                                                                                          Table 1 to this
                                                                                          subpart, repeat the
                                                                                          performance test under
                                                                                          the conditions
                                                                                          specified in items
                                                                                          14.a.i.4. and
                                                                                          17.a.i.4. of this
                                                                                          table.
                                      b. Select the locations   i. Method 1 or 1A of 40  (1) To demonstrate
                                       of sampling ports and     CFR part 60, appendix    compliance with the
                                       the number of traverse    A.                       percentage reduction
                                       points.                                            limits specified in
                                                                                          items 2.b., 3.b.,
                                                                                          6.b., 7.b., 10, and 11
                                                                                          of Table 1 to this
                                                                                          subpart, locate
                                                                                          sampling sites at the
                                                                                          inlet of the control
                                                                                          device and at either
                                                                                          the outlet of the
                                                                                          control device or at
                                                                                          the stack prior to any
                                                                                          releases to the
                                                                                          atmosphere; and
                                                                                         (2) To demonstrate
                                                                                          compliance with any
                                                                                          other emission limit
                                                                                          specified in Table 1
                                                                                          to this subpart,
                                                                                          locate all sampling
                                                                                          sites at the outlet of
                                                                                          the control device or
                                                                                          at the stack prior to
                                                                                          any releases to the
                                                                                          atmosphere.
                                      c. Determine gas          Method 2, 2A, 2C, 2D,    Measure gas velocities
                                       velocity and volumetric   2F, or 2G of 40 CFR      and volumetric flow
                                       flow rate.                part 60, appendix A.     rates at 1-hour
                                                                                          intervals throughout
                                                                                          each test run.
                                      d. Conduct gas molecular  (i) Method 3, 3A, or 3B  As specified in the
                                       weight analysis.          of 40 CFR part 60,       applicable test
                                                                 appendix A; or           method.
                                                                (ii) ASME PTC 19.10-     You may use ASME PTC
                                                                 1981-Part 10.            19.10-1981-Part 10
                                                                                          (available for
                                                                                          purchase from Three
                                                                                          Park Avenue, New York,
                                                                                          NY 10016-5990) as an
                                                                                          alternative to EPA
                                                                                          Method 3B.
                                      e. Measure gas moisture   Method 4 of 40 CFR part  As specified in the
                                       content.                  60, appendix A.          applicable test
                                                                                          method.

[[Page 121]]

 
2. Each new or existing curing oven,  a. Conduct performance    .......................  (1) Conduct the
 shape dryer, and kiln that is used    tests.                                             performance test while
 to process refractory products that                                                      the source is
 use organic HAP; each new or                                                             operating at the
 existing coking oven and defumer                                                         maximum organic HAP
 that is used to produce pitch-                                                           processing rate, as
 impregnated refractory products;                                                         defined in Sec.
 each new shape preheater that is                                                         63.9824, reasonably
 used to produce pitch-impregnated                                                        expected to occur; and
 refractory products; AND each new                                                       (2) Repeat the
 or existing process unit that is                                                         performance test
 exhausted to a thermal or catalytic                                                      before starting
 oxidizer that also controls                                                              production of any
 emissions from an affected shape                                                         product for which the
 preheater or pitch working tank.                                                         organic HAP processing
                                                                                          rate is likely to
                                                                                          exceed the maximum
                                                                                          organic HAP processing
                                                                                          rate established
                                                                                          during the most recent
                                                                                          performance test by
                                                                                          more than 10 percent,
                                                                                          as specified in Sec.
                                                                                          63.9798(c); and
                                                                                         (3) Repeat the
                                                                                          performance test on
                                                                                          any affected
                                                                                          uncontrolled kiln
                                                                                          following process
                                                                                          changes (e.g., shorter
                                                                                          curing oven cycle
                                                                                          time) that could
                                                                                          increase organic HAP
                                                                                          emissions from the
                                                                                          affected kiln, as
                                                                                          specified in Sec.
                                                                                          63.9798(d).
                                      b. Satisfy the
                                       applicable requirements
                                       listed in items 3
                                       through 13 of this
                                       table.
3. Each affected continuous process   a. Perform a minimum of   The appropriate test     Each test run must be
 unit.                                 3 test runs.              methods specified in     at least 1 hour in
                                                                 items 1, 4, and 5 of     duration.
                                                                 this table.
                                      b. Establish the          i. Method 311 of 40 CFR  (1) Calculate and
                                       operating limit for the   part 63, appendix A,     record the organic HAP
                                       maximum organic HAP       OR material safety       content of all
                                       processing rate.          data sheets (MSDS), OR   refractory shapes that
                                                                 product labels to        are processed during
                                                                 determine the mass       the performance test,
                                                                 fraction of organic      based on the mass
                                                                 HAP in each resin,       fraction of organic
                                                                 binder, or additive;     HAP in the resins,
                                                                 and                      binders, or additives;
                                                                                          the mass fraction of
                                                                                          each resin, binder, or
                                                                                          additive, in the
                                                                                          product; and the
                                                                                          process feed rate; and
                                                                ii. Product formulation  (2) Calculate and
                                                                 data that specify the    record the organic HAP
                                                                 mass fraction of each    processing rate
                                                                 resin, binder, and       (pounds per hour) for
                                                                 additive in the          each test run; and
                                                                 products that are
                                                                 processed during the
                                                                 performance test; and
                                                                iii. Process feed rate   (3) Calculate and
                                                                 data (tons per hour).    record the maximum
                                                                                          organic HAP processing
                                                                                          rate as the average of
                                                                                          the organic HAP
                                                                                          processing rates for
                                                                                          the three test runs.
                                      c. Record the operating   Process data...........  During each test run
                                       temperature of the                                 and at least once per
                                       affected source.                                   hour, record the
                                                                                          operating temperature
                                                                                          in the highest
                                                                                          temperature zone of
                                                                                          the affected source.

[[Page 122]]

 
4. Each continuous process unit that  a. Measure THC            i. Method 25A of 40 CFR  (1) Each minute,
 is subject to the THC emission        concentrations at the     part 60, appendix A.     measure and record the
 limit listed in item 2.a., 3.a., 4,   outlet of the control                              concentrations of THC
 or 5 of Table 1 to this subpart.      device or in the stack.                            in the exhaust stream;
                                                                                          and
                                                                                         (2) Provide at least 50
                                                                                          1-minute measurements
                                                                                          for each valid hourly
                                                                                          average THC
                                                                                          concentration.
                                      b. Measure oxygen         i. Method 3A of 40 CFR   (1) Each minute,
                                       concentrations at the     part 60, appendix A.     measure and record the
                                       outlet of the control                              concentrations of
                                       device or in the stack.                            oxygen in the exhaust
                                                                                          stream; and
                                                                                         (2) Provide at least 50
                                                                                          1-minute measurements
                                                                                          for each valid hourly
                                                                                          average THC
                                                                                          concentration.
                                      c. Determine the hourly   i. Equation 1 ofSec.   (1) Calculate the
                                       average THC               63.9800(g)(1); and.      hourly average THC
                                       concentration,           ii. The 1-minute THC      concentration for each
                                       corrected to 18 percent   and oxygen               hour of the
                                       oxygen.                   concentration data.      performance test as
                                                                                          the average of the 1-
                                                                                          minute THC
                                                                                          measurements; and
                                                                                         (2) Calculate the
                                                                                          hourly average oxygen
                                                                                          concentration for each
                                                                                          hour of the
                                                                                          performance test as
                                                                                          the average of the 1-
                                                                                          minute oxygen
                                                                                          measurements; and
                                                                                         (3) Correct the hourly
                                                                                          average THC
                                                                                          concentrations to 18
                                                                                          percent oxygen using
                                                                                          Equation 1 of Sec.
                                                                                          63.9800(g)(1).
                                      d. Determine the 3-hour   The hourly average       Calculate the 3-hour
                                       block average THC         concentration of THC,    block average THC
                                       emission concentration,   corrected to 18          emission
                                       corrected to 18 percent   percent oxygen, for      concentration,
                                       oxygen.                   each test run.           corrected to 18
                                                                                          percent oxygen, as the
                                                                                          average of the hourly
                                                                                          average THC emission
                                                                                          concentrations,
                                                                                          corrected to 18
                                                                                          percent oxygen.
5. Each continuous process unit that  a. Measure THC            i. Method 25A of 40 CFR  (1) Each minute,
 is subject to the THC percentage      concentrations at the     part 60, appendix A.     measure and record the
 reduction limit listed in item 2.b.   inlet and outlet of the                            concentrations of THC
 or 3.b. of Table 1 to this subpart.   control device.                                    at the inlet and
                                                                                          outlet of the control
                                                                                          device; and
                                                                                         (2) Provide at least 50
                                                                                          1-minute measurements
                                                                                          for each valid hourly
                                                                                          average THC
                                                                                          concentration at the
                                                                                          control device inlet
                                                                                          and outlet.
                                      b. Determine the hourly   i. The 1-minute THC      Calculate the hourly
                                       THC mass emissions        concentration data at    THC mass emissions
                                       rates at the inlet and    the control device       rates at the control
                                       outlet of the control     inlet and outlet; and    device inlet and
                                       device.                  ii. The volumetric flow   outlet for each hour
                                                                 rates at the control     of the performance
                                                                 device inlet and         test.
                                                                 outlet.
                                      c. Determine the 3-hour   i. The hourly THC mass   (1) Calculate the
                                       block average THC         emissions rates at the   hourly THC percentage
                                       percentage reduction.     inlet and outlet of      reduction for each
                                                                 the control device.      hour of the
                                                                                          performance test using
                                                                                          Equation 2 of Sec.
                                                                                          63.9800(g)(1); and
                                                                                         (2) Calculate the 3-
                                                                                          hour block average THC
                                                                                          percentage reduction.

[[Page 123]]

 
6. Each continous process unit that   a. Establish the          i. Continuous recording  (1) At least every 15
 is equipped with a thermal oxidizer.  operating limit for the   of the output of the     minutes, measure and
                                       minimum allowable         combustion chamber       record the thermal
                                       thermal oxidizer          temperature              oxidizer combustion
                                       combustion chamber        measurement device.      chamber temperature;
                                       temperature.                                       and
                                                                                         (2) Provide at least
                                                                                          one measurement during
                                                                                          at least three 15-
                                                                                          minute periods per
                                                                                          hour of testing; and
                                                                                         (3) Calculate the
                                                                                          hourly average thermal
                                                                                          oxidizer combustion
                                                                                          chamber temperature
                                                                                          for each hour of the
                                                                                          performance test; and
                                                                                         (4) Calculate the
                                                                                          minimum allowable
                                                                                          combustion chamber
                                                                                          temperature as the
                                                                                          average of the
                                                                                          combustion chamber
                                                                                          temperatures for the
                                                                                          three test runs, minus
                                                                                          14 [deg]C (25 [deg]F).
7. Each continuous process unit that  a. Establish the          i. Continuous recording  (1) At least every 15
 is equipped with a catalytic          operating limit for the   of the output of the     minutes, measure and
 oxidizer.                             minimum allowable         temperature              record the temperature
                                       temperature at the        measurement device.      at the inlet of the
                                       inlet of the catalyst                              catalyst bed; and
                                       bed.                                              (2) Provide at least
                                                                                          one catalyst bed inlet
                                                                                          temperature
                                                                                          measurement during at
                                                                                          least three 15-minute
                                                                                          periods per hour of
                                                                                          testing; and
                                                                                         (3) Calculate the
                                                                                          hourly average
                                                                                          catalyst bed inlet
                                                                                          temperature for each
                                                                                          hour of the
                                                                                          performance test; and
                                                                                         (4) Calculate the
                                                                                          minimum allowable
                                                                                          catalyst bed inlet
                                                                                          temperature as the
                                                                                          average of the
                                                                                          catalyst bed inlet
                                                                                          temperatures for the
                                                                                          three test runs, minus
                                                                                          14 [deg]C (25 [deg]F).
8. Each affected batch process unit.  a. Perform a minimum of   i. The appropriate test  (1) Each test run must
                                       two test runs.            methods specified in     be conducted over a
                                                                 items 1, 9, and 10 of    separate batch cycle
                                                                 this table.              unless you satisfy the
                                                                                          requirements of Sec.
                                                                                          63.9800(f)(3) and (4);
                                                                                          and
                                                                                         (2) Each test run must
                                                                                          begin with the start
                                                                                          of a batch cycle,
                                                                                          except as specified in
                                                                                          item 8.a.i.4. of this
                                                                                          table; and
                                                                                         (3) Each test run must
                                                                                          continue until the end
                                                                                          of the batch cycle,
                                                                                          except as specified in
                                                                                          items 8.a.i.4. and
                                                                                          8.a.i.5. of this
                                                                                          table; and
                                                                                         (4) If you develop an
                                                                                          emissions profile, as
                                                                                          described in Sec.
                                                                                          63.9802(a), AND for
                                                                                          sources equipped with
                                                                                          a thermal or catalytic
                                                                                          oxidizer, you do not
                                                                                          reduce the oxidizer
                                                                                          operating temperature,
                                                                                          as specified in item
                                                                                          13 of this table, you
                                                                                          can limit each test
                                                                                          run to the 3-hour peak
                                                                                          THC emissions period;
                                                                                          and

[[Page 124]]

 
                                                                                         (5) If you do not
                                                                                          develop an emissions
                                                                                          profile, a test run
                                                                                          can be stopped, and
                                                                                          the results of that
                                                                                          run considered
                                                                                          complete, if you
                                                                                          measure emissions
                                                                                          continuously until at
                                                                                          least 3 hours after
                                                                                          the affected process
                                                                                          unit has reached
                                                                                          maximum temperature,
                                                                                          AND the hourly average
                                                                                          THC mass emissions
                                                                                          rate has not increased
                                                                                          during the 3-hour
                                                                                          period since maximum
                                                                                          process temperature
                                                                                          was reached, and the
                                                                                          hourly average
                                                                                          concentrations of THC
                                                                                          at the inlet of the
                                                                                          control device have
                                                                                          not exceeded 20 ppmvd,
                                                                                          corrected to 18
                                                                                          percent oxygen, during
                                                                                          the 3-hour period
                                                                                          since maximum process
                                                                                          temperature was
                                                                                          reached or the hourly
                                                                                          average THC percentage
                                                                                          reduction has been at
                                                                                          least 95 percent
                                                                                          during the 3-hour
                                                                                          period since maximum
                                                                                          process temperature
                                                                                          was reached, AND, for
                                                                                          sources equipped with
                                                                                          a thermal or catalytic
                                                                                          oxidizer, at least 1
                                                                                          hour has passed since
                                                                                          any reduction in the
                                                                                          operating temperature
                                                                                          of the oxidizer, as
                                                                                          specified in item 13
                                                                                          of this table.
                                      b. Establish the          i. Method 311 of 40 CFR  (1) Calculate and
                                       operating limit for the   part 63, appendix A,     record the organic HAP
                                       maximum organic HAP       OR MSDS, OR product      content of all
                                       processing rate.          labels to determine      refractory shapes that
                                                                 the mass fraction of     are processed during
                                                                 organic HAP in each      the performance test,
                                                                 resin, binder, or        based on the mass
                                                                 additive; and            fraction of HAP in the
                                                                                          resins, binders, or
                                                                                          additives; the mass
                                                                                          fraction of each
                                                                                          resin, binder, or
                                                                                          additive, in the
                                                                                          product, and the batch
                                                                                          weight prior to
                                                                                          processing; and
                                                                ii. Product formulation  (2) Calculate and
                                                                 data that specify the    record the organic HAP
                                                                 mass fraction of each    processing rate
                                                                 resin, binder, and       (pounds per batch) for
                                                                 additive in the          each test run; and
                                                                 products that are       (3) Calculate and
                                                                 processed during the     record the maximum
                                                                 performance test; and    organic HAP processing
                                                                iii. Batch weight         rate as the average of
                                                                 (tons).                  the organic HAP
                                                                                          processing rates for
                                                                                          the two test runs.
                                      c. Record the batch       Process data...........  Record the total
                                       cycle time.                                        elapsed time from the
                                                                                          start to the
                                                                                          completion of the
                                                                                          batch cycle.
                                      d. Record the operating   Process data...........  Record the operating
                                       temperature of the                                 temperature of the
                                       affected source.                                   affected source at
                                                                                          least once every hour
                                                                                          from the start to the
                                                                                          completion of the
                                                                                          batch cycle.
9. Each batch process unit that is    a. Measure THC            i. Method 25A of 40 CFR  (1) Each minute,
 subject to the THC emission limit     concentrations at the     part 60, appendix A.     measure and record the
 listed in item 6.a., 7.a., 8, or 9    outlet of the control                              concentrations of THC
 of Table 1 to this subpart.           device or in the stack.                            in the exhaust stream;
                                                                                          and
                                                                                         (2) Provide at least 50
                                                                                          1-minute measurements
                                                                                          for each valid hourly
                                                                                          average THC
                                                                                          concentration.

[[Page 125]]

 
                                      b. Measure oxygen         i. Method 3A of 40 CFR   (1) Each minute,
                                       concentrations at the     part 60, appendix A.     measure and record the
                                       outlet of the control                              concentrations of
                                       device or in the stack.                            oxygen in the exhaust
                                                                                          stream; and
                                                                                         (2) Provide at least 50
                                                                                          1-minute measurements
                                                                                          for each valid hourly
                                                                                          average oxygen
                                                                                          concentration.
                                      c. Determine the hourly   i. Equation 1 ofSec.   (1) Calculate the
                                       average THC               63.9800(g)(1); and.      hourly average THC
                                       concentration,           ii. The 1-minute THC      concentration for each
                                       corrected to 18 percent   and oxygen               hour of the
                                       oxygen.                   concentration data.      performance test as
                                                                                          the average of the 1-
                                                                                          minute THC
                                                                                          measurements; and
                                                                                         (2) Calculate the
                                                                                          hourly average oxygen
                                                                                          concentration for each
                                                                                          hour of the
                                                                                          performance test as
                                                                                          the average of the 1-
                                                                                          minute oxygen
                                                                                          measurements; and
                                                                                         (3) Correct the hourly
                                                                                          average THC
                                                                                          concentrations to 18
                                                                                          percent oxygen using
                                                                                          Equation 1 of Sec.
                                                                                          63.9800(g)(1).
                                      d. Determine the 3-hour   The hourly average THC   Select the period of 3
                                       peak THC emissions        concentrations,          consecutive hours over
                                       period for each test      corrected to 18          which the sum of the
                                       run.                      percent oxygen.          hourly average THC
                                                                                          concentrations,
                                                                                          corrected to 18
                                                                                          percent oxygen, is
                                                                                          greater than the sum
                                                                                          of the hourly average
                                                                                          THC emission
                                                                                          concentrations,
                                                                                          corrected to 18
                                                                                          percent oxygen, for
                                                                                          any other period of 3
                                                                                          consecutive hours
                                                                                          during the test run.
                                      e. Determine the average  The hourly average THC   Calculate the average
                                       THC concentration,        emission                 of the hourly average
                                       corrected to 18 percent   concentrations,          THC concentrations,
                                       oxygen, for each test     corrected to 18          corrected to 18
                                       run.                      percent oxygen, for      percent oxygen, for
                                                                 the 3-hour peak THC      the 3 hours of the
                                                                 emissions period.        peak emissions period
                                                                                          for each test run.
                                      f. Determine the 2-run    The average THC          Calculate the average
                                       block average THC         concentration,           of the average THC
                                       concentration,            corrected to 18          concentrations,
                                       corrected to 18 percent   percent oxygen, for      corrected to 18
                                       oxygen, for the           each test run.           percent oxygen, for
                                       emission test.                                     each run.
10. Each batch process unit that is   a. Measure THC            i. Method 25A of 40 CFR  (1) Each minute,
 subject to the THC percentage         concentrations at the     part 60, appendix A.     measure and record the
 reduction limit listed in item 6.b.   inlet and outlet of the                            concentrations of THC
 or 7.b. of Table 1 to this subpart.   control device.                                    at the control device
                                                                                          inlet and outlet; and
                                                                                         (2) Provide at least 50
                                                                                          1-minute measurements
                                                                                          for each valid hourly
                                                                                          average THC
                                                                                          concentration at the
                                                                                          control device inlet
                                                                                          and outlet.
                                      b. Determine the hourly   i. The 1-minute THC      (1) Calculate the
                                       THC mass emissions        concentration data at    hourly mass emissions
                                       rates at the control      the control device       rates at the control
                                       device inlet and outlet.  inlet and outlet; and    device inlet and
                                                                ii. The volumetric flow   outlet for each hour
                                                                 rates at the control     of the performance
                                                                 device inlet and         test.
                                                                 outlet.
                                      c. Determine the 3-hour   The hourly THC mass      Select the period of 3
                                       peak THC emissions        emissions rates at the   consecutive hours over
                                       period for each test      control device inlet.    which the sum of the
                                       run.                                               hourly THC mass
                                                                                          emissions rates at the
                                                                                          control device inlet
                                                                                          is greater than the
                                                                                          sum of the hourly THC
                                                                                          mass emissions rates
                                                                                          at the control device
                                                                                          inlet for any other
                                                                                          period of 3
                                                                                          consecutive hours
                                                                                          during the test run.
                                      d. Determine the average  i. Equation 2 ofSec.   Calculate the average
                                       THC percentage            63.9800(g)(2); and.      THC percentage
                                       reduction for each test  ii. The hourly THC mass   reduction for each
                                       run.                      emissions rates at the   test run using
                                                                 control device inlet     Equation 2 of Sec.
                                                                 and outlet for the 3-    63.9800(g)(2).
                                                                 hour peak THC
                                                                 emissions period.

[[Page 126]]

 
                                      e. Determine the 2-run    The average THC          Calculate the average
                                       block average THC         percentage reduction     of the average THC
                                       percentage reduction      for each test run.       percentage reductions
                                       for the emission test.                             for each test run.
11. Each batch process unit that is   a. Establish the          i. Continuous recording  (1) At least every 15
 equipped with a thermal oxidizer.     operating limit for the   of the output of the     minutes, measure and
                                       minimum thermal           combustion chamber       record the thermal
                                       oxidizer combustion       temperature              oxidizer combustion
                                       chamber temperature.      measurement device.      chamber temperature;
                                                                                          and
                                                                                         (2) Provide at least
                                                                                          one temperature
                                                                                          measurement during at
                                                                                          least three 15-minute
                                                                                          periods per hour of
                                                                                          testing; and
                                                                                         (3) Calculate the
                                                                                          hourly average
                                                                                          combustion chamber
                                                                                          temperature for each
                                                                                          hour of the 3-hour
                                                                                          peak emissions period,
                                                                                          as defined in item
                                                                                          9.d. or 10.c. of this
                                                                                          table, whichever
                                                                                          applies; and
                                                                                         (4) Calculate the
                                                                                          minimum allowable
                                                                                          thermal oxidizer
                                                                                          combustion chamber
                                                                                          operating temperature
                                                                                          as the average of the
                                                                                          hourly combustion
                                                                                          chamber temperatures
                                                                                          for the 3-hour peak
                                                                                          emissions period,
                                                                                          minus 14 [deg]C (25
                                                                                          [deg]F).
12. Each batch process unit that is   a. Establish the          i. Continuous recording  (1) At least every 15
 equipped with a catalytic oxidizer.   operating limit for the   of the output of the     minutes, measure and
                                       minimum temperature at    temperature              record the temperature
                                       the inlet of the          measurement device.      at the inlet of the
                                       catalyst bed.                                      catalyst bed; and
                                                                                         (2) Provide at least
                                                                                          one catalyst bed inlet
                                                                                          temperature
                                                                                          measurement during at
                                                                                          least three 15-minute
                                                                                          periods per hour of
                                                                                          testing; and
                                                                                         (3) Calculate the
                                                                                          hourly average
                                                                                          catalyst bed inlet
                                                                                          temperature for each
                                                                                          hour of the 3-hour
                                                                                          peak emissions period,
                                                                                          as defined in item
                                                                                          9.d. or 10.c. of this
                                                                                          table, whichever
                                                                                          applies; and
                                                                                         (4) Calculate the
                                                                                          minimum allowable
                                                                                          catalytic oxidizer
                                                                                          catalyst bed inlet
                                                                                          temperature as the
                                                                                          average of the hourly
                                                                                          catalyst bed inlet
                                                                                          temperatures for the 3-
                                                                                          hour peak emissions
                                                                                          period, minus 14
                                                                                          [deg]C (25 [deg]F).
13. Each batch process unit that is   a. During each test run,                           (1) The oxidizer can be
 equipped with a thermal or            maintain the applicable                            shut off or the
 catalytic oxidizer.                   operating temperature                              oxidizer operating
                                       of the oxidizer until                              temperature can be
                                       emission levels allow                              reduced if you do not
                                       the oxidizer to be shut                            use an emission
                                       off or the operating                               profile to limit
                                       temperature of the                                 testing to the 3-hour
                                       oxidizer to be reduced.                            peak emissions period,
                                                                                          as specified in item
                                                                                          8.a.i.4. of this
                                                                                          table; and
                                                                                         (2) At least 3 hours
                                                                                          have passed since the
                                                                                          affected process unit
                                                                                          reached maximum
                                                                                          temperature; and
                                                                                         (3) The applicable
                                                                                          emission limit
                                                                                          specified in item 6.a.
                                                                                          or 6.b. of Table 1 to
                                                                                          this subpart was met
                                                                                          during each of the
                                                                                          previous three 1-hour
                                                                                          periods; and
                                                                                         (4) The hourly average
                                                                                          THC mass emissions
                                                                                          rate did not increase
                                                                                          during the 3-hour
                                                                                          period since maximum
                                                                                          process temperature
                                                                                          was reached; and

[[Page 127]]

 
                                                                                         (5) The applicable
                                                                                          emission limit
                                                                                          specified in item 6.a.
                                                                                          and 6.b. of Table 1 to
                                                                                          this subpart was met
                                                                                          during each of the
                                                                                          four 15-minute periods
                                                                                          immediately following
                                                                                          the oxidizer
                                                                                          temperature reduction;
                                                                                          and
                                                                                         (6) If the applicable
                                                                                          emission limit
                                                                                          specified in item 6.a.
                                                                                          or 6.b. of Table 1 to
                                                                                          this subpart was not
                                                                                          met during any of the
                                                                                          four 15-minute periods
                                                                                          immediately following
                                                                                          the oxidizer
                                                                                          temperature reduction,
                                                                                          you must return the
                                                                                          oxidizer to its normal
                                                                                          operating temperature
                                                                                          as soon as possible
                                                                                          and maintain that
                                                                                          temperature for at
                                                                                          least 1 hour; and
                                                                                         (7) Continue the test
                                                                                          run until the
                                                                                          applicable emission
                                                                                          limit specified in
                                                                                          items 6.a. and 6.b. of
                                                                                          Table 1 to this
                                                                                          subpart is met for at
                                                                                          least four consecutive
                                                                                          15-minute periods that
                                                                                          immediately follow the
                                                                                          temperature reduction;
                                                                                          and
                                                                                         (8) Calculate the
                                                                                          hourly average
                                                                                          oxidizer operating
                                                                                          temperature for each
                                                                                          hour of the
                                                                                          performance test since
                                                                                          the affected process
                                                                                          unit reached maximum
                                                                                          temperature.
14. Each new continuous kiln that is  a. Measure emissions of   i. Method 26A of 40 CFR  (1) Conduct the test
 used to process clay refractory       HF and HCl.               part 60, appendix A;     while the kiln is
 products.                                                       or                       operating at the
                                                                ii. Method 26 of 40 CFR   maximum production
                                                                 part 60, appendix A;     level; and
                                                                 or.                     (2) You may use Method
                                                                iii. Method 320 of 40     26 of 40 CFR part 60,
                                                                 CFR part 63, appendix    appendix A, only if no
                                                                 A.                       acid PM (e.g., HF or
                                                                                          HCl dissolved in water
                                                                                          droplets emitted by
                                                                                          sources controlled by
                                                                                          a wet scrubber) is
                                                                                          present; and
                                                                                         (3) If you use Method
                                                                                          320 of 40 CFR part 63,
                                                                                          appendix A, you must
                                                                                          follow the analyte
                                                                                          spiking procedures of
                                                                                          Section 13 of Method
                                                                                          320 unless you can
                                                                                          demonstrate that the
                                                                                          complete spiking
                                                                                          procedure has been
                                                                                          conducted at a similar
                                                                                          source; and
                                                                                         (4) Repeat the
                                                                                          performance test if
                                                                                          the affected source is
                                                                                          controlled with a DLA
                                                                                          and you change the
                                                                                          source of the
                                                                                          limestone used in the
                                                                                          DLA.
                                      b. Perform a minimum of   The appropriate test     Each test run must be
                                       3 test runs.              methods specified in     at least 1 hour in
                                                                 items 1 and 14.a. of     duration.
                                                                 this table.
15. Each new continuous kiln that is  a. Record the uncalcined  i. Production data; and  (1) Record the
 subject to the production-based HF    clay processing rate.    ii. Product formulation   production rate (tons
 and HCl emission limits specified                               data that specify the    per hour of fired
 in items 10.a. and 10.b. of Table 1                             mass fraction of         product); and
 to this subpart.                                                uncalcined clay in the  (2) Calculate and
                                                                 products that are        record the average
                                                                 processed during the     rate at which
                                                                 performance test.        uncalcined clay is
                                                                                          processed (tons per
                                                                                          hour) for each test
                                                                                          run; and
                                                                                         (3) Calculate and
                                                                                          record the 3-run
                                                                                          average uncalcined
                                                                                          clay processing rate
                                                                                          as the average of the
                                                                                          average uncalcined
                                                                                          clay processing rates
                                                                                          for each test run.

[[Page 128]]

 
                                      b. Determine the HF mass  i. Method 26A of 40 CFR  Calculate the HF mass
                                       emissions rate at the     part 60, appendix A;     emissions rate for
                                       outlet of the control     or                       each test.
                                       device or in the stack.  ii. Method 26 of 40 CFR
                                                                 part 60, appendix A;
                                                                 or.
                                                                iii. Method 320 of 40
                                                                 CFR part 63, appendix
                                                                 A.
                                      c. Determine the 3-hour   i. The HF mass           (1) Calculate the
                                       block average             emissions rate for       hourly production-
                                       production-based HF       each test run; and       based HF emissions
                                       emissions rate.          ii. The average           rate for each test run
                                                                 uncalcined clay          using Equation 3 of
                                                                 processing rate.       Sec. 63.9800(g)(3);
                                                                                          and
                                                                                         (2) Calculate the 3-
                                                                                          hour block average
                                                                                          production-based HF
                                                                                          emissions rate as the
                                                                                          average of the hourly
                                                                                          production-based HF
                                                                                          emissions rates for
                                                                                          each test run.
                                      d. Determine the HCl      i. Method 26A of 40 CFR  Calculate the HCl mass
                                       mass emissions rate at    part 60, appendix A;     emissions rate for
                                       the outlet of the         or                       each test run.
                                       control device or in     ii. Method 26 of 40 CFR
                                       the stack.                part 60, appendix A;
                                                                 or.
                                                                iii. Method 320 of 40
                                                                 CFR part 63, appendix
                                                                 A.
                                      e. Determine the 3-hour   i. The HCl mass          (1) Calculate the
                                       block average             emissions rate for       hourly production-
                                       production-based HCl      each test run; and       based HCl emissions
                                       emissions rate.          ii. The average           rate for each test run
                                                                 uncalcined clay          using Equation 3 of
                                                                 processing rate.       Sec. 63.9800(g)(3);
                                                                                          and
                                                                                         (2) Calculate the 3-
                                                                                          hour block average
                                                                                          production-based HCl
                                                                                          emissions rate as the
                                                                                          average of the
                                                                                          production-based HCl
                                                                                          emissions rates for
                                                                                          each test run.
16. Each new continuous kiln that is  a. Measure the HF mass    i. Method 26A of 40 CFR  Calculate the HF mass
 subject to the HF and HCl             emissions rates at the    part 60, appendix A;     emissions rates at the
 percentage reduction limits           inlet and outlet of the   or                       control device inlet
 specified in items 10.a. and 10.b.    control device.          ii. Method 26 of 40 CFR   and outlet for each
 of Table 1 to this subpart.                                     part 60, appendix A;     test run.
                                                                 or.
                                                                iii. Method 320 of 40
                                                                 CFR part 63, appendix
                                                                 A.
                                      b. Determine the 3-hour   i. The HF mass           (1) Calculate the
                                       block average HF          emissions rates at the   hourly HF percentage
                                       percentage reduction.     inlet and outlet of      reduction using
                                                                 the control device for   Equation 2 of Sec.
                                                                 each test run            63.9800(g)(2); and
                                                                                         (2) Calculate the 3-
                                                                                          hour block average HF
                                                                                          percentage reduction
                                                                                          as the average of the
                                                                                          HF percentage
                                                                                          reductions for each
                                                                                          test run.
                                      c. Measure the HCl mass   i. Method 26A of 40 CFR  Calculate the HCl mass
                                       emissions rates at the    part 60, appendix A;     emissions rates at the
                                       inlet and outlet of the   or                       control device inlet
                                       control device.          ii. Method 26 of 40 CFR   and outlet for each
                                                                 part 60, appendix A;     test run.
                                                                 or.
                                                                iii. Method 320 of 40
                                                                 CFR part 63, appendix
                                                                 A.
                                      d. Determine the 3-hour   i. The HCl mass          (1) Calculate the
                                       block average HCl         emissions rates at the   hourly HCl percentage
                                       percentage reduction.     inlet and outlet of      reduction using
                                                                 the control device for   Equation 2 of Sec.
                                                                 each test run.           63.9800(g)(2); and
                                                                                         (2) Calculate the 3-
                                                                                          hour block average HCl
                                                                                          percentage reduction
                                                                                          as the average of HCl
                                                                                          percentage reductions
                                                                                          for each test run.

[[Page 129]]

 
17. Each new batch process kiln that  a. Measure emissions of   i. Method 26A of 40 CFR  (1) Conduct the test
 is used to process clay refractory    HF and HCl at the inlet   part 60, appendix A;     while the kiln is
 products.                             and outlet of the         or                       operating at the
                                       control device.          ii. Method 26 of 40 CFR   maximum production
                                                                 part 60, appendix A;     level; and
                                                                 or.                     (2) You may use Method
                                                                iii. Method 320 of 40     26 of 40 CFR part 60,
                                                                 CFR part 63, appendix    appendix A, only if no
                                                                 A.                       acid PM (e.g., HF or
                                                                                          HCl dissolved in water
                                                                                          droplets emitted by
                                                                                          sources controlled by
                                                                                          a wet scrubber) is
                                                                                          present; and
                                                                                         (3) If you use Method
                                                                                          320 of 40 CFR part 63,
                                                                                          you must follow the
                                                                                          analyte spiking
                                                                                          procedures of Section
                                                                                          13 of Method 320
                                                                                          unless you can
                                                                                          demonstrate that the
                                                                                          complete spiking
                                                                                          procedure has been
                                                                                          conducted at a similar
                                                                                          source; and
                                                                                         (4) Repeat the
                                                                                          performance test if
                                                                                          the affected source is
                                                                                          controlled with a DLA
                                                                                          and you change the
                                                                                          source of the
                                                                                          limestone used in the
                                                                                          DLA.
                                      b. Perform a minimum of   i. The appropriate test  (1) Each test run must
                                       2 test runs.              methods specified in     be conducted over a
                                                                 items 1 and 17.a. of     separate batch cycle
                                                                 this table.              unless you satisfy the
                                                                                          requirements of Sec.
                                                                                          63.9800(f)(3) and (4);
                                                                                          and
                                                                                         (2) Each test run must
                                                                                          consist of a series of
                                                                                          1-hour runs at the
                                                                                          inlet and outlet of
                                                                                          the control device,
                                                                                          beginning with the
                                                                                          start of a batch
                                                                                          cycle, except as
                                                                                          specified in item
                                                                                          17.b.i.4. of this
                                                                                          table; and
                                                                                         (3) Each test run must
                                                                                          continue until the end
                                                                                          of the batch cycle,
                                                                                          except as specified in
                                                                                          item 17.b.i.4. of this
                                                                                          table; and
                                                                                         (4) If you develop an
                                                                                          emissions profile, as
                                                                                          described in Sec.
                                                                                          63.9802(b), you can
                                                                                          limit each test run to
                                                                                          the 3-hour peak HF
                                                                                          emissions period.
                                      c. Determine the hourly   i. The appropriate test  Determine the hourly
                                       HF and HCl mass           methods specified in     mass HF and HCl
                                       emissions rates at the    items 1 and 17.a. of     emissions rates at the
                                       inlet and outlet of the   this table.              inlet and outlet of
                                       control device.                                    the control device for
                                                                                          each hour of each test
                                                                                          run.
                                      d. Determine the 3-hour   The hourly HF mass       Select the period of 3
                                       peak HF emissions         emissions rates at the   consecutive hours over
                                       period.                   inlet of the control     which the sum of the
                                                                 device.                  hourly HF mass
                                                                                          emissions rates at the
                                                                                          control device inlet
                                                                                          is greater than the
                                                                                          sum of the hourly HF
                                                                                          mass emissions rates
                                                                                          at the control device
                                                                                          inlet for any other
                                                                                          period of 3
                                                                                          consecutive hours
                                                                                          during the test run.
                                      e. Determine the 2-run    i. The hourly average    (1) Calculate the HF
                                       block average HF          HF emissions rates at    percentage reduction
                                       percentage reduction      the inlet and outlet     for each hour of the 3-
                                       for the emissions test.   of the control device.   hour peak HF emissions
                                                                                          period using Equation
                                                                                          2 of Sec.
                                                                                          63.9800(g)(2); and
                                                                                         (2) Calculate the
                                                                                          average HF percentage
                                                                                          reduction for each
                                                                                          test run as the
                                                                                          average of the hourly
                                                                                          HF percentage
                                                                                          reductions for the 3-
                                                                                          hour peak HF emissions
                                                                                          period for that run;
                                                                                          and

[[Page 130]]

 
                                                                                         (3) Calculate the 2-run
                                                                                          block average HF
                                                                                          percentage reduction
                                                                                          for the emission test
                                                                                          as the average of the
                                                                                          average HF percentage
                                                                                          reductions for the two
                                                                                          test runs.
                                      f. Determine the 2-run    i. The hourly average    (1) Calculate the HCl
                                       block average HCl         HCl emissions rates at   percentage reduction
                                       percentage reduction      the inlet and outlet     for each hour of the 3-
                                       for the emission test.    of the control device.   hour peak HF emissions
                                                                                          period using Equation
                                                                                          2 Sec.
                                                                                          63.9800(g)(2); and
                                                                                         (2) Calculate the
                                                                                          average HCl percentage
                                                                                          reduction for each
                                                                                          test run as the
                                                                                          average of the hourly
                                                                                          HCl percentage
                                                                                          reductions for the 3-
                                                                                          hour peak HF emissions
                                                                                          period for that run;
                                                                                          and
                                                                                         (3) Calculate the 2-run
                                                                                          block average HCl
                                                                                          percentage reduction
                                                                                          for the emission test
                                                                                          as the average of the
                                                                                          average HCl percentage
                                                                                          reductions for the two
                                                                                          test runs.
18. Each new kiln that is used to     a. Establish the          Data from the pressure   (1) At least every 15
 process clay refractory products      operating limit for the   drop measurement         minutes, measure the
 and is equipped with a DLA.           minimum pressure drop     device during the        pressure drop across
                                       across the DLA.           performance test.        the DLA; and
                                                                                         (2) Provide at least
                                                                                          one pressure drop
                                                                                          measurement during at
                                                                                          least three 15-minute
                                                                                          periods per hour of
                                                                                          testing; and
                                                                                         (3) Calculate the
                                                                                          hourly average
                                                                                          pressure drop across
                                                                                          the DLA for each hour
                                                                                          of the performance
                                                                                          test; and
                                                                                         (4) Calculate and
                                                                                          record the minimum
                                                                                          pressure drop as the
                                                                                          average of the hourly
                                                                                          average pressure drops
                                                                                          across the DLA for the
                                                                                          two or three test
                                                                                          runs, whichever
                                                                                          applies.
                                      b. Establish the          Data from the limestone  (1) Ensure that
                                       operating limit for the   feeder during the        limestone in the feed
                                       limestone feeder          performance test.        hopper, silo, and DLA
                                       setting.                                           is free-flowing at all
                                                                                          times during the
                                                                                          performance test; and
                                                                                         (2) Establish the
                                                                                          limestone feeder
                                                                                          setting 1 week prior
                                                                                          to the performance
                                                                                          test; and
                                                                                         (3) Record and maintain
                                                                                          the feeder setting for
                                                                                          the 1-week period that
                                                                                          precedes the
                                                                                          performance test and
                                                                                          during the performance
                                                                                          test.
19. Each new kiln that is used to     a. Document conformance   Data from the            Submit analyses and
 process clay refractory products      with specifications and   installation and         supporting
 and is equipped with a DIFF or DLS/   requirements of the bag   calibration of the bag   documentation
 FF.                                   leak detection system.    leak detection system.   demonstrating
                                                                                          conformance with EPA
                                                                                          guidance and
                                                                                          specifications for bag
                                                                                          leak detection systems
                                                                                          as part of the
                                                                                          Notification of
                                                                                          Compliance Status.
                                      b. Establish the          i. Data from the lime    (1) For continuous lime
                                       operating limit for the   feeder during the        injection systems,
                                       lime feeder setting.      performance test.        ensure that lime in
                                                                                          the feed hopper or
                                                                                          silo is free-flowing
                                                                                          at all times during
                                                                                          the performance test;
                                                                                          and
                                                                                         (2) Record the feeder
                                                                                          setting for the three
                                                                                          test runs; and
                                                                                         (3) If the feed rate
                                                                                          setting varies during
                                                                                          the three test runs,
                                                                                          calculate and record
                                                                                          the average feed rate
                                                                                          for the two or three
                                                                                          test runs, whichever
                                                                                          applies.

[[Page 131]]

 
20. Each new kiln that is used to     a. Establish the          i. Data from the         (1) At least every 15
 process clay refractory products      operating limit for the   pressure drop            minutes, measure the
 and is equipped with a wet scrubber.  minimum scrubber          measurement device       pressure drop across
                                       pressure drop.            during the performance   the scrubber; and
                                                                 test.                   (2) Provide at least
                                                                                          one pressure drop
                                                                                          measurement during at
                                                                                          least three 15-minute
                                                                                          periods per hour of
                                                                                          testing; and
                                                                                         (3) Calculate the
                                                                                          hourly average
                                                                                          pressure drop across
                                                                                          the scrubber for each
                                                                                          hour of the
                                                                                          performance test; and
                                                                                         (4) Calculate and
                                                                                          record the minimum
                                                                                          pressure drop as the
                                                                                          average of the hourly
                                                                                          average pressure drops
                                                                                          across the scrubber
                                                                                          for the two or three
                                                                                          test runs, whichever
                                                                                          applies.
                                      b. Establish the          i. Data from the pH      (1) At least every 15
                                       operating limit for the   measurement device       minutes, measure
                                       minimum scrubber liquid   during the performance   scrubber liquid pH;
                                       pH.                       test.                    and
                                                                                         (2) Provide at least
                                                                                          one pH measurement
                                                                                          during at least three
                                                                                          15-minute periods per
                                                                                          hour of testing; and
                                                                                         (3) Calculate the
                                                                                          hourly average pH
                                                                                          values for each hour
                                                                                          of the performance
                                                                                          test; and
                                                                                         (4) Calculate and
                                                                                          record the minimum
                                                                                          liquid pH as the
                                                                                          average of the hourly
                                                                                          average pH
                                                                                          measurements for the
                                                                                          two or three test
                                                                                          runs, whichever
                                                                                          applies.
                                      c. Establish the          i. Data from the flow    (1) At least every 15
                                       operating limit for the   rate measurement         minutes, measure the
                                       minimum scrubber liquid   device during the        scrubber liquid flow
                                       flow rate.                performance test.        rate; and
                                                                                         (2) Provide at least
                                                                                          one flow rate
                                                                                          measurement during at
                                                                                          least three 15-minute
                                                                                          periods per hour of
                                                                                          testing; and
                                                                                         (3) Calculate the
                                                                                          hourly average liquid
                                                                                          flow rate for each
                                                                                          hour of the
                                                                                          performance test; and
                                                                                         (4) Calculate and
                                                                                          record the minimum
                                                                                          liquid flow rate as
                                                                                          the average of the
                                                                                          hourly average liquid
                                                                                          flow rates for the two
                                                                                          or three test runs,
                                                                                          whichever applies.
                                      d. If chemicals are       i. Data from the         (1) At least every 15
                                       added to the scrubber     chemical feed rate       minutes, measure the
                                       liquid, establish the     measurement device       scrubber chemical feed
                                       operating limit for the   during the performance   rate; and
                                       minimum scrubber          test.                   (2) Provide at least
                                       chemical feed rate.                                one chemical feed rate
                                                                                          measurement during at
                                                                                          least three 15-minute
                                                                                          periods per hour of
                                                                                          testing; and
                                                                                         (3) Calculate the
                                                                                          hourly average
                                                                                          chemical feed rate for
                                                                                          each hour of the
                                                                                          performance test; and
                                                                                         (4) Calculate and
                                                                                          record the minimum
                                                                                          chemical feed rate as
                                                                                          the average of the
                                                                                          hourly average
                                                                                          chemical feed rates
                                                                                          for the two or three
                                                                                          test runs, whichever
                                                                                          applies.
----------------------------------------------------------------------------------------------------------------



   Sec. Table 5 to Subpart SSSSS of Part 63--Initial Compliance With 
                             Emission Limits

    As stated inSec. 63.9806, you must show initial compliance with 
the emission limits for affected sources according to the following 
table:

[[Page 132]]



------------------------------------------------------------------------
                                                          You have
          For . . .             For the following       demonstrated
                              emission limit . . .   compliance if . . .
------------------------------------------------------------------------
1. Each affected source       a. Each applicable    i. Emissions
 listed in Table 1 to this     emission limit        measured using the
 subpart.                      listed in Table 1     test methods
                               to this subpart.      specified in Table
                                                     4 to this subpart
                                                     satisfy the
                                                     applicable emission
                                                     limits specified in
                                                     Table 1 to this
                                                     subpart; and
                                                    ii. You establish
                                                     and have a record
                                                     of the operating
                                                     limits listed in
                                                     Table 2 to this
                                                     subpart over the
                                                     performance test
                                                     period; and
                                                    iii. You report the
                                                     results of the
                                                     performance test in
                                                     the Notification of
                                                     Compliance Status,
                                                     as specified by
                                                     Sec.
                                                     63.9812(e)(1) and
                                                     (2).
2. Each new or existing       As specified in       You have satisfied
 curing oven, shape dryer,     items 3 through 8     the applicable
 and kiln that is used to      of this table.        requirements
 process refractory products                         specified in items
 that use organic HAP; each                          3 through 8 of this
 new or existing coking oven                         table.
 and defumer that is used to
 produce pitch-impregnated
 refractory products; each
 new shape preheater that is
 used to produce pitch-
 impregnated refractory
 products; AND each new or
 existing process unit that
 is exhausted to a thermal
 or catalytic oxidizer that
 also controls emissions
 from an affected shape
 preheater or pitch working
 tank.
3. Each affected continuous   The average THC       The 3-hour block
 process unit that is          concentration must    average THC
 subject to the THC emission   not exceed 20         emission
 concentration limit listed    ppmvd, corrected to   concentration
 in item 2.a., 3.a., 4, or 5   18 percent oxygen.    measured during the
 of Table 1 to this subpart.                         performance test
                                                     using Methods 25A
                                                     and 3A is equal to
                                                     or less than 20
                                                     ppmvd, corrected to
                                                     18 percent oxygen.
4. Each affected continuous   The average THC       The 3-hour block
 process unit that is          percentage            average THC
 subject to the THC            reduction must        percentage
 percentage reduction limit    equal or exceed 95    reduction measured
 listed in item 2.b. or 3.b.   percent.              during the
 of Table 1 to this subpart.                         performance test
                                                     using Method 25A is
                                                     equal to or greater
                                                     than 95 percent.
5. Each affected batch        The average THC       The 2-run block
 process unit that is          concentration must    average THC
 subject to the THC emission   not exceed 20         emission
 concentration limit listed    ppmvd, corrected to   concentration for
 in item 6.a., 7.a., 8, or 9   18 percent oxygen.    the 3-hour peak
 of Table 1 to this subpart.                         emissions period
                                                     measured during the
                                                     performance test
                                                     using Methods 25A
                                                     and 3A is equal to
                                                     or less than 20
                                                     ppmvd, corrected to
                                                     18 percent oxygen.
6. Each affected batch        The average THC       The 2-run block
 process unit that is          percentage            average THC
 subject to the THC            reduction must        percentage
 percentage reduction limit    equal or exceed 95    reduction for the 3-
 listed in item 6.b. or 7.b.   percent.              hour peak emissions
 of Table 1 to this subpart.                         period measured
                                                     during the
                                                     performance test
                                                     using Method 25A is
                                                     equal to or exceeds
                                                     95 percent.
7. Each affected continuous   a. The average THC    i. You have
 or batch process unit that    concentration must    installed a THC
 is equipped with a control    not exceed 20         CEMS at the outlet
 device other than a thermal   ppmvd, corrected to   of the control
 or catalytic oxidizer and     18 percent oxygen;    device or in the
 is subject to the emission    or                    stack of the
 limit listed in item 3 or 7                         affected source;
 of Table 1 to this subpart.                         and
                              b. The average THC    ii. You have
                               percentage            satisfied the
                               reduction must        requirements of PS-
                               equal or exceed 95    8 of 40 CFR part
                               percent.              60, appendix B.
8. Each affected continuous   The average THC       i. You have
 or batch process unit that    concentration must    installed a THC
 uses process changes to       not exceed 20         CEMS at the outlet
 reduce organic HAP            ppmvd, corrected to   of the control
 emissions and is subject to   18 percent oxygen.    device or in the
 the emission limit listed                           stack of the
 in item 4 or 8 of Table 1                           affected source;
 to this subpart.                                    and
                                                    ii. You have
                                                     satisfied the
                                                     requirements of PS-
                                                     8 of 40 CFR part
                                                     60, appendix B.
9. Each new continuous kiln   a. The average HF     i. The 3-hour block
 that is used to process       emissions must not    average production-
 clay refractory products.     exceed 0.019 kg/Mg    based HF emissions
                               (0.038 lb/ton) of     rate measured
                               uncalcined clay       during the
                               processed; OR the     performance test
                               average               using one of the
                               uncontrolled HF       methods specified
                               emissions must be     in item 14.a.i. of
                               reduced by at least   Table 4 to this
                               90 percent.           subpart is equal to
                                                     or less than 0.019
                                                     kg/Mg (0.038 lb/
                                                     ton) of uncalcined
                                                     clay processed; or
                                                    ii. The 3-hour block
                                                     average HF
                                                     emissions reduction
                                                     measured during the
                                                     performance test is
                                                     equal to or greater
                                                     than 90 percent.

[[Page 133]]

 
                              b. The average HCl    i. The 3-hour block
                               emissions must not    average production-
                               exceed 0.091 kg/Mg    based HCl emissions
                               (0.18 lb/ton) of      rate measured
                               uncalcined clay       during the
                               processed; OR the     performance test
                               average               using one of the
                               uncontrolled HCl      methods specified
                               emissions must be     in item 14.a.i. of
                               reduced by at least   Table 4 to this
                               30 percent.           subpart is equal to
                                                     or less than 0.091
                                                     kg/Mg (0.18 lb/ton)
                                                     of uncalcined clay
                                                     processed; or
                                                    ii. The 3-hour block
                                                     average HCl
                                                     emissions reduction
                                                     measured during the
                                                     performance test is
                                                     equal to or greater
                                                     than 30 percent.
10. Each new batch process    a. The average        The 2-run block
 kiln that is used to          uncontrolled HF       average HF emission
 process clay refractory       emissions must be     reduction measured
 products.                     reduced by at least   during the
                               90 percent.           performance test is
                                                     equal to or greater
                                                     than 90 percent.
                              b. The average        The 2-run block
                               uncontrolled HCl      average HCl
                               emissions must be     emissions reduction
                               reduced by at least   measured during the
                               30 percent.           performance test is
                                                     equal to or greater
                                                     than 30 percent.
------------------------------------------------------------------------



 Sec. Table 6 to Subpart SSSSS of Part 63--Initial Compliance With Work 
                           Practice Standards

    As stated inSec. 63.9806, you must show initial compliance with 
the work practice standards for affected sources according to the 
following table:

------------------------------------------------------------------------
                                                          You have
       For each . . .           For the following   demonstrated initial
                                 standard . . .      compliance if . . .
------------------------------------------------------------------------
1. Each affected source       a. Each applicable    i. You have selected
 listed in Table 3 to this     work practice         a method for
 subpart.                      standard listed in    performing each of
                               Table 3 to this       the applicable work
                               subpart.              practice standards
                                                     listed in Table 3
                                                     to this subpart;
                                                     and
                                                    ii. You have
                                                     included in your
                                                     Initial
                                                     Notification a
                                                     description of the
                                                     method selected for
                                                     complying with each
                                                     applicable work
                                                     practice standard,
                                                     as required by Sec.
                                                       63.9(b); and
                                                    iii. You submit a
                                                     signed statement
                                                     with the
                                                     Notification of
                                                     Compliance Status
                                                     that you have
                                                     implemented the
                                                     applicable work
                                                     practice standard
                                                     listed in Table 3
                                                     to this subpart;
                                                     and
                                                    iv. You have
                                                     described in your
                                                     OM&M plan the
                                                     method for
                                                     complying with each
                                                     applicable work
                                                     practice standard
                                                     specified in Table
                                                     3 to this subpart.
2. Each basket or container   a. Control POM        i. You have
 that is used for holding      emissions from any    implemented at
 fired refractory shapes in    affected shape        least one of the
 an existing shape preheater   preheater.            work practice
 and autoclave during the                            standards listed in
 pitch impregnation process.                         item 1 of Table 3
                                                     to this subpart;
                                                     and
                                                    ii. You have
                                                     established a
                                                     system for
                                                     recording the date
                                                     and cleaning method
                                                     for each time you
                                                     clean an affected
                                                     basket or
                                                     container.
3. Each affected new or       Control POM           You have captured
 existing pitch working tank.  emissions.            and vented
                                                     emissions from the
                                                     affected pitch
                                                     working tank to the
                                                     device that is used
                                                     to control
                                                     emissions from an
                                                     affected defumer or
                                                     coking oven, or to
                                                     a thermal or
                                                     catalytic oxidizer
                                                     that is comparable
                                                     to the control
                                                     device used on an
                                                     affected defumer or
                                                     coking oven.
4. Each new or existing       Minimize fuel-based   You use natural gas,
 chromium refractory           HAP emissions.        or equivalent, as
 products kiln.                                      the kiln fuel.
5. Each existing clay         Minimize fuel-based   You use natural gas,
 refractory products kiln.     HAP emissions.        or equivalent, as
                                                     the kiln fuel.
------------------------------------------------------------------------


[[Page 134]]



  Sec. Table 7 to Subpart SSSSS of Part 63--Continuous Compliance with 
                             Emission Limits

    As stated inSec. 63.9810, you must show continuous compliance with 
the emission limits for affected sources according to the following 
table:

------------------------------------------------------------------------
                                                    You must demonstrate
                                For the following        continuous
          For . . .           emission limit . . .   compliance by . . .
 
------------------------------------------------------------------------
1. Each affected source       a. Each applicable    i. Collecting and
 listed in Table 1 to this     emission limit        recording the
 subpart.                      listed in Table 1     monitoring and
                               to this subpart.      process data listed
                                                     in Table 2
                                                     (operating limits)
                                                     to this subpart;
                                                     and
                                                    ii. Reducing the
                                                     monitoring and
                                                     process data
                                                     associated with the
                                                     operating limits
                                                     specified in Table
                                                     2 to this subpart;
                                                     and
                                                    iii. Recording the
                                                     results of any
                                                     control device
                                                     inspections; and
                                                    iv. Reporting, in
                                                     accordance with
                                                   Sec. 63.9814(e),
                                                     any deviation from
                                                     the applicable
                                                     operating limits
                                                     specified in Table
                                                     2 to this subpart.
2. Each new or existing       As specified in       Satisfying the
 curing oven, shape dryer,     items 3 though 7 of   applicable
 and kiln that is used to      this table.           requirements
 process refractory products                         specified in items
 that use organic HAP; each                          3 through 7 of this
 new or existing coking oven                         table.
 and defumer that is used to
 produce pitch-impregnated
 refractory products; each
 new shape preheater that is
 used to produce pitch-
 impregnated refractory
 products; AND each new or
 existing process unit that
 is exhausted to a thermal
 or catalytic oxidizer that
 also controls emissions
 from an affected shape
 preheater or pitch working
 tank.
3. Each affected process      a. The average THC    i. Collecting the
 unit that is equipped with    concentration must    applicable data
 a thermal or catalytic        not exceed 20         measured by the
 oxidizer.                     ppmvd, corrected to   control device
                               18 percent oxygen;    temperature
                               OR the average THC    monitoring system,
                               percentage            as specified in
                               reduction must        items 5, 6, 8, and
                               equal or exceed 95    9 of Table 8 to
                               percent.              this subpart; and
                                                    ii. Reducing the
                                                     applicable data
                                                     measured by the
                                                     control device
                                                     temperature
                                                     monitoring system,
                                                     as specified in
                                                     items 5, 6, 8, and
                                                     9 of Table 8 to
                                                     this subpart; and
                                                    iii. Maintaining the
                                                     average control
                                                     device operating
                                                     temperature for the
                                                     applicable
                                                     averaging period
                                                     specified in items
                                                     5, 6, 8, and 9 of
                                                     Table 2 to this
                                                     subpart at or above
                                                     the minimum
                                                     allowable operating
                                                     temperature
                                                     established during
                                                     the most recent
                                                     performance test.
4. Each affected process      The average THC       Operating and
 unit that is equipped with    concentration must    maintaining a THC
 a control device other than   not exceed 20         CEMS at the outlet
 a thermal or catalytic        ppmvd, corrected to   of the control
 oxidizer.                     18 percent oxygen;    device or in the
                               OR the average THC    stack of the
                               performance           affected source,
                               reduction must        according to the
                               equal or exceed 95    requirements of
                               percent.              Procedure 1 of 40
                                                     CFR part 60,
                                                     appendix F.
5. Each affected process      The average THC       Operating and
 unit that uses process        concentration must    maintaining a THC
 changes to meet the           not exceed 20         CEMS at the outlet
 applicable emission limit.    ppmvd, corrected to   of the control
                               18 percent oxygen.    device or in the
                                                     stack of the
                                                     affected source,
                                                     according to the
                                                     requirements of
                                                     Procedure 1 of 40
                                                     CFR part 60,
                                                     appendix F.
6. Each affected continuous   The average THC       Recording the
 process unit.                 concentration must    organic HAP
                               not exceed 20         processing rate
                               ppmvd, corrected to   (pounds per hour)
                               18 percent oxygen;    and the operating
                               OR the average THC    temperature of the
                               percentage            affected source, as
                               reduction must        specified in items
                               equal or exceed 95    3.b. and 3.c. of
                               percent.              Table 4 to this
                                                     subpart.

[[Page 135]]

 
7. Each affected batch        The average THC       Recording the
 process unit.                 concentration must    organic HAP
                               not exceed 20         processing rate
                               ppmvd, corrected to   (pounds per batch);
                               18 percent oxygen;    and process cycle
                               OR the average THC    time for each batch
                               percentage            cycle; and hourly
                               reduction must        average operating
                               equal or exceed 95    temperature of the
                               percent.              affected source, as
                                                     specified in items
                                                     8.b. through 8.d.
                                                     of Table 4 to this
                                                     subpart.
8. Each kiln that is used to  As specified in       Satisfying the
 process clay refractory       items 9 through 11    applicable
 products.                     of this table.        requirements
                                                     specified in items
                                                     9 through 11 of
                                                     this table.
9. Each affected kiln that    a. The average HF     i. Maintaining the
 is equipped with a DLA.       emissions must not    pressure drop
                               exceed 0.019 kg/Mg    across the DLA at
                               (0.038 lb/ton) of     or above the
                               uncalcined clay       minimum levels
                               processed, OR the     established during
                               average               the most recent
                               uncontrolled HF       performance test;
                               emissions must be     and
                               reduced by at least  ii. Verifying that
                               90 percent; and       the limestone
                              b. The average HCl     hopper contains an
                               emissions must not    adequate amount of
                               exceed 0.091 kg/Mg    free-flowing
                               (0.18 lb/ton) of      limestone by
                               uncalcined clay       performing a daily
                               processed, or the     visual check of the
                               average               limestone in the
                               uncontrolled HCl      feed hopper; and
                               emissions must be    iii. Recording the
                               reduced by at least   limestone feeder
                               30 percent.           setting daily to
                                                     verify that the
                                                     feeder setting is
                                                     at or above the
                                                     level established
                                                     during the most
                                                     recent performance
                                                     test; and
                                                    iv. Using the same
                                                     grade of limestone
                                                     as was used during
                                                     the most recent
                                                     performance test
                                                     and maintaining
                                                     records of the
                                                     source and grade of
                                                     limestone.
10. Each affected kiln that   a. The average HF     i. Verifying at
 is equipped with a DIFF or    emissions must not    least once each 8-
 DLS/FF.                       exceed 0.019 kg/Mg    hour shift that
                               (0.038 lb/ton) of     lime is free-
                               uncalcined clay       flowing by means of
                               processed; OR the     a visual check,
                               average               checking the output
                               uncontrolled HF       of a load cell,
                               emissions must be     carrier gas/lime
                               reduced by at least   flow indicator, or
                               90 percent; and       carrier gas
                                                     pressure drop
                                                     measurement system;
                                                     and
                              b. The average HCl    ii. Recording feeder
                               emissions must not    setting daily to
                               exceed 0.091 kg/Mg    verify that the
                               (0.18 lb/ton) of      feeder setting is
                               uncalcined clay       at or above the
                               processed; OR the     level established
                               average               during the most
                               uncontrolled HCl      recent performance
                               emissions must be     test; and
                               reduced by at least
                               30 percent.
                                                    iii. Initiating
                                                     corrective action
                                                     within 1 hour of a
                                                     bag leak detection
                                                     system alarm AND
                                                     completing
                                                     corrective actions
                                                     in accordance with
                                                     the OM&M plan, AND
                                                     operating and
                                                     maintaining the
                                                     fabric filter such
                                                     that the alarm does
                                                     not engage for more
                                                     than 5 percent of
                                                     the total operating
                                                     time in a 6-month
                                                     block reporting
                                                     period.
11. Each affected kiln that   a. The average HF     i. Maintaining the
 is equipped with a wet        emissions must not    pressure drop
 scrubber.                     exceed 0.019 kg/Mg    across the
                               (0.038 lb/ton) of     scrubber, liquid
                               uncalcined clay       pH, and liquid flow
                               processed; OR the     rate at or above
                               average               the minimum levels
                               uncontrolled HF       established during
                               emissions must be     the most recent
                               reduced by at least   performance test;
                               90 percent; and       and
                              b. The average HCl    ii. If chemicals are
                               emissions must not    added to the
                               exceed 0.091 kg/Mg    scrubber liquid,
                               (0.18 lb/ton) of      maintaining the
                               uncalcined clay       average chemical
                               processed; OR the     feed rate at or
                               average               above the minimum
                               uncontrolled HCl      chemical feed rate
                               emissions must be     established during
                               reduced by at least   the most recent
                               30 percent.           performance test.
------------------------------------------------------------------------



  Sec. Table 8 to Subpart SSSSS of Part 63--Continuous Compliance with 
                            Operating Limits

    As stated inSec. 63.9810, you must show continuous compliance with 
the operating limits for affected sources according to the following 
table:

[[Page 136]]



------------------------------------------------------------------------
                                                    You must demonstrate
                                For the following        continuous
          For . . .            operating limit . .   compliance by . . .
                                        .
------------------------------------------------------------------------
1. Each affected source       a. Each applicable    i. Maintaining all
 listed in Table 2 to this     operating limit       applicable process
 subpart.                      listed in Table 2     and control device
                               to this subpart.      operating
                                                     parameters within
                                                     the limits
                                                     established during
                                                     the most recent
                                                     performance test;
                                                     and
                                                    ii. Conducting
                                                     annually an
                                                     inspection of all
                                                     duct work, vents,
                                                     and capture devices
                                                     to verify that no
                                                     leaks exist and
                                                     that the capture
                                                     device is operating
                                                     such that all
                                                     emissions are
                                                     properly vented to
                                                     the control device
                                                     in accordance with
                                                     the OM&M plan.
2. Each affected continuous   a. The operating      i. Operating the
 kiln that is equipped with    limits specified in   control device on
 a control device.             items 2.a. through    the affected kiln
                               2.c. of Table 2 to    during all times
                               this subpart.         except during
                                                     periods of approved
                                                     scheduled
                                                     maintenance, as
                                                     specified in Sec.
                                                     63.9792(e); and
                                                    ii. Minimizing HAP
                                                     emissions from the
                                                     affected kiln
                                                     during all periods
                                                     of scheduled
                                                     maintenance of the
                                                     kiln control device
                                                     when the kiln is
                                                     operating and the
                                                     control device is
                                                     out of service; and
                                                    iii. Minimizing the
                                                     duration of all
                                                     periods of
                                                     scheduled
                                                     maintenance of the
                                                     kiln control device
                                                     when the kiln is
                                                     operating and the
                                                     control device is
                                                     out of service.
3. Each new or existing       As specified in       Satisfying the
 curing oven, shape dryer,     items 4 through 9     applicable
 and kiln that is used to      of this table.        requirements
 process refractory products                         specified in items
 that use organic HAP; each                          4 through 9 of this
 new or existing coking oven                         table.
 and defumer that is used to
 produce pitch-impregnated
 refractory products; each
 new shape preheater that is
 used to produce pitch-
 impregnated refractory
 products; AND each new or
 existing process unit that
 is exhausted to a thermal
 or catalytic oxidizer that
 also controls emissions
 from an affected shape
 preheater or pitch working
 tank.
4. Each affected continuous   Maintain process      i. Recording the
 process unit.                 operating             organic HAP
                               parameters within     processing rate
                               the limits            (pounds per hour);
                               established during    and
                               the most recent      ii. Recording the
                               performance test.     operating
                                                     temperature of the
                                                     affected source at
                                                     least hourly; and
                                                    iii. Maintaining the
                                                     3-hour block
                                                     average organic HAP
                                                     processing rate at
                                                     or below the
                                                     maximum organic HAP
                                                     processing rate
                                                     established during
                                                     the most recent
                                                     performance test.
5. Continuous process units   Maintain the 3-hour   i. Measuring and
 that are equipped with a      block average         recording the
 thermal oxidizer.             operating             thermal oxidizer
                               temperature in the    combustion chamber
                               thermal oxidizer      temperature at
                               combustion chamber    least every 15
                               at or above the       minutes; and
                               minimum allowable    ii. Calculating the
                               operating             hourly average
                               temperature           thermal oxidizer
                               established during    combustion chamber
                               the most recent       temperature; and
                               performance test.    iii. Maintaining the
                                                     3-hour block
                                                     average thermal
                                                     oxidizer combustion
                                                     chamber temperature
                                                     at or above the
                                                     minimum allowable
                                                     operating
                                                     temperature
                                                     established during
                                                     the most recent
                                                     performance test;
                                                     and
                                                    iv. Reporting, in
                                                     accordance with
                                                   Sec. 63.9814(e),
                                                     any 3-hour block
                                                     average operating
                                                     temperature
                                                     measurements below
                                                     the minimum
                                                     allowable thermal
                                                     oxidizer combustion
                                                     chamber operating
                                                     temperature
                                                     established during
                                                     the most recent
                                                     performance test.

[[Page 137]]

 
6. Continuous process units   a. Maintain the 3-    i. Measuring and
 that are equipped with a      hour block average    recording the
 catalytic oxidizer.           temperature at the    temperature at the
                               inlet of the          inlet of the
                               catalyst bed at or    catalyst bed at
                               above the minimum     least every 15
                               allowable catalyst    minutes; and
                               bed inlet            ii. Calculating the
                               temperature           hourly average
                               established during    temperature at the
                               the most recent       inlet of the
                               performance test.     catalyst bed; and
                                                    iii. Maintaining the
                                                     3-hour block
                                                     average temperature
                                                     at the inlet of the
                                                     catalyst bed at or
                                                     above the minimum
                                                     allowable catalyst
                                                     bed inlet
                                                     temperature
                                                     established during
                                                     the most recent
                                                     performance test;
                                                     and
                                                    iv. Reporting, in
                                                     accordance with
                                                   Sec. 63.9814(e),
                                                     any 3-hour block
                                                     average catalyst
                                                     bed inlet
                                                     temperature
                                                     measurements below
                                                     the minimum
                                                     allowable catalyst
                                                     bed inlet
                                                     temperature
                                                     established during
                                                     the most recent
                                                     performance; and
                                                    v. Checking the
                                                     activity level of
                                                     the catalyst at
                                                     least every 12
                                                     months and taking
                                                     any necessary
                                                     corrective action,
                                                     such as replacing
                                                     the catalyst, to
                                                     ensure that the
                                                     catalyst is
                                                     performing as
                                                     designed.
7. Each affected batch        Maintain process      i. Recording the
 process unit.                 operating             organic HAP
                               parameters within     processing rate
                               the limits            (pounds per batch);
                               established during    and
                               the most recent      ii. Recording the
                               performance test.     hourly average
                                                     operating
                                                     temperature of the
                                                     affected source;
                                                     and
                                                    iii. Recording the
                                                     process cycle time
                                                     for each batch
                                                     cycle; and
                                                    iv. Maintaining the
                                                     organic HAP
                                                     processing rate at
                                                     or below the
                                                     maximum organic HAP
                                                     processing rate
                                                     established during
                                                     the most recent
                                                     performance test.
8. Batch process units that   Maintain the hourly   i. Measuring and
 are equipped with a thermal   average temperature   recording the
 oxidizer.                     in the thermal        thermal oxidizer
                               oxidizer combustion   combustion chamber
                               chamber at or above   temperature at
                               the hourly average    least every 15
                               temperature           minutes; and
                               established for the  ii. Calculating the
                               corresponding 1-      hourly average
                               hour period of the    thermal oxidizer
                               cycle during the      combustion chamber
                               most recent           temperature; and
                               performance test.    iii. From the start
                                                     of each batch cycle
                                                     until 3 hours have
                                                     passed since the
                                                     process unit
                                                     reached maximum
                                                     temperature,
                                                     maintaining the
                                                     hourly average
                                                     operating
                                                     temperature in the
                                                     thermal oxidizer
                                                     combustion chamber
                                                     at or above the
                                                     minimum allowable
                                                     operating
                                                     temperature
                                                     established for the
                                                     corresponding
                                                     period during the
                                                     most recent
                                                     performance test,
                                                     as determined
                                                     according to item
                                                     11 of Table 4 to
                                                     this subpart; and
                                                    iv. For each
                                                     subsequent hour of
                                                     the batch cycle,
                                                     maintaining the
                                                     hourly average
                                                     operating
                                                     temperature in the
                                                     thermal oxidizer
                                                     combustion chamber
                                                     at or above the
                                                     minimum allowable
                                                     operating
                                                     temperature
                                                     established for the
                                                     corresponding hour
                                                     during the most
                                                     recent performance
                                                     test, as specified
                                                     in item 13 of Table
                                                     4 to this subpart;
                                                     and
                                                    v. Reporting, in
                                                     accordance with
                                                   Sec. 63.9814(e),
                                                     any temperature
                                                     measurements below
                                                     the minimum
                                                     allowable thermal
                                                     oxidizer combustion
                                                     chamber temperature
                                                     measured during the
                                                     most recent
                                                     performance test.

[[Page 138]]

 
9. Batch process units that   Maintain the hourly   i. Measuring and
 are equipped with a           average temperature   recording
 catalytic oxidizer.           at the inlet of the   temperatures at the
                               catalyst bed at or    inlet of the
                               above the             catalyst bed at
                               corresponding         least every 15
                               hourly average        minutes; and
                               temperature          ii. Calculating the
                               established for the   hourly average
                               corresponding 1-      temperature at the
                               hour period of the    inlet of the
                               cycle during the      catalyst bed; and
                               most recent          iii. From the start
                               performance test.     of each batch cycle
                                                     until 3 hours have
                                                     passed since the
                                                     process unit
                                                     reached maximum
                                                     temperature,
                                                     maintaining the
                                                     hourly average
                                                     operating
                                                     temperature at the
                                                     inlet of the
                                                     catalyst bed at or
                                                     above the minimum
                                                     allowable bed inlet
                                                     temperature
                                                     established for the
                                                     corresponding
                                                     period during the
                                                     most recent
                                                     performance test,
                                                     as determined
                                                     according to item
                                                     12 of Table 4 to
                                                     this subpart; and
                                                    iv. For each
                                                     subsequent hour of
                                                     the batch cycle,
                                                     maintaining the
                                                     hourly average
                                                     operating
                                                     temperature at the
                                                     inlet of the
                                                     catalyst bed at or
                                                     above the minimum
                                                     allowable bed inlet
                                                     temperature
                                                     established for the
                                                     corresponding hour
                                                     during the most
                                                     recent performance
                                                     test, as specified
                                                     in item 13 of Table
                                                     4 to this subpart;
                                                     and
                                                    v. Reporting, in
                                                     accordance with
                                                   Sec. 63.9814(e),
                                                     any catalyst bed
                                                     inlet temperature
                                                     measurements below
                                                     the minimum
                                                     allowable bed inlet
                                                     temperature
                                                     measured during the
                                                     most recent
                                                     performance test;
                                                     and
                                                    vi. Checking the
                                                     activity level of
                                                     the catalyst at
                                                     least every 12
                                                     months and taking
                                                     any necessary
                                                     corrective action,
                                                     such as replacing
                                                     the catalyst, to
                                                     ensure that the
                                                     catalyst is
                                                     performing as
                                                     designed.
10. Each new kiln that is     As specified in       Satisfying the
 used to process clay          items 11 through 13   applicable
 refractory products.          of this table.        requirements
                                                     specified in items
                                                     11 through 13 of
                                                     this table.
11. Each new kiln that is     a. Maintain the       i. Collecting the
 equipped a DLA.               average pressure      DLA pressure drop
                               drop across the DLA   data, as specified
                               for each 3-hour       in item 18.a. of
                               block period at or    Table 4 to this
                               above the minimum     subpart; and
                               pressure drop        ii. Reducing the DLA
                               established during    pressure drop data
                               the most recent       to 1-hour and 3-
                               performance test.     hour block
                                                     averages; and
                                                    iii. Maintaining the
                                                     3-hour block
                                                     average pressure
                                                     drop across the DLA
                                                     at or above the
                                                     minimum pressure
                                                     drop established
                                                     during the most
                                                     recent performance
                                                     test.
                              b. Maintain free-     Verifying that the
                               flowing limestone     limestone hopper
                               in the feed hopper,   has an adequate
                               silo, and DLA.        amount of free-
                                                     flowing limestone
                                                     by performing a
                                                     daily visual check
                                                     of the limestone
                                                     hopper.
                              c. Maintain the       Recording the
                               limestone feeder      limestone feeder
                               setting at or above   setting at least
                               the level             daily to verify
                               established during    that the feeder
                               the most recent       setting is being
                               performance test.     maintained at or
                                                     above the level
                                                     established during
                                                     the most recent
                                                     performance test.
                              d. Use the same       Using the same grade
                               grade of limestone    of limestone as was
                               from the same         used during the
                               source as was used    most recent
                               during the most       performance test
                               recent performance    and maintaining
                               test.                 records of the
                                                     source and grade of
                                                     limestone.

[[Page 139]]

 
12. Each new kiln that is     a. Initiate           i. Initiating
 equipped with a DIFF or DLS/  corrective action     corrective action
 FF.                           within 1 hour of a    within 1 hour of a
                               bag leak detection    bag leak detection
                               system alarm and      system alarm and
                               complete corrective   completing
                               actions in            corrective actions
                               accordance with the   in accordance with
                               OM&M plan; AND        the OM&M plan; and
                               operate and          ii. Operating and
                               maintain the fabric   maintaining the
                               filter such that      fabric filter such
                               the alarm does not    that the alarm does
                               engage for more       not engage for more
                               than 5 percent of     than 5 percent of
                               the total operating   the total operating
                               time in a 6-month     time in a 6-month
                               block reporting       block reporting
                               period.               period; in
                                                     calculating this
                                                     operating time
                                                     fraction, if
                                                     inspection of the
                                                     fabric filter
                                                     demonstrates that
                                                     no corrective
                                                     action is required,
                                                     no alarm time is
                                                     counted; if
                                                     corrective action
                                                     is required, each
                                                     alarm shall be
                                                     counted as a
                                                     minimum of 1 hour;
                                                     if you take longer
                                                     than 1 hour to
                                                     initiate corrective
                                                     action, the alarm
                                                     time shall be
                                                     counted as the
                                                     actual amount of
                                                     time taken by you
                                                     to initiate
                                                     corrective action.
                              b. Maintain free-     i. Verifying at
                               flowing lime in the   least once each 8-
                               feed hopper or silo   hour shift that
                               at all times for      lime is free-
                               continuous            flowing via a load
                               injection systems;    cell, carrier gas/
                               AND maintain feeder   lime flow
                               setting at or above   indicator, carrier
                               the level             gas pressure drop
                               established during    measurement system,
                               the most recent       or other system;
                               performance test      recording all
                               for continuous        monitor or sensor
                               injection systems.    output, and if lime
                                                     is found not to be
                                                     free flowing,
                                                     promptly initiating
                                                     and completing
                                                     corrective actions;
                                                     and
                                                    ii. Recording the
                                                     feeder setting once
                                                     each day of
                                                     operation to verify
                                                     that the feeder
                                                     setting is being
                                                     maintained at or
                                                     above the level
                                                     established during
                                                     the most recent
                                                     performance test.
13. Each new kiln that is     a. Maintain the       i. Collecting the
 used to process clay          average pressure      scrubber pressure
 refractory products and is    drop across the       drop data, as
 equipped with a wet           scrubber for each 3-  specified in item
 scrubber.                     hour block period     20.a. of Table 4 to
                               at or above the       this subpart; and
                               minimum pressure     ii. Reducing the
                               drop established      scrubber pressure
                               during the most       drop data to 1-hour
                               recent performance    and 3-hour block
                               test.                 averages; and
                                                    iii. Maintaining the
                                                     3-hour block
                                                     average scrubber
                                                     pressure drop at or
                                                     above the minimum
                                                     pressure drop
                                                     established during
                                                     the most recent
                                                     performance test.
                              b. Maintain the       i. Collecting the
                               average scrubber      scrubber liquid pH
                               liquid pH for each    data, as specified
                               3-hour block period   in item 20.b. of
                               at or above the       Table 4 to this
                               minimum scrubber      subpart; and
                               liquid pH            ii. Reducing the
                               established during    scrubber liquid pH
                               the most recent       data to 1-hour and
                               performance test.     3-hour block
                                                     averages; and
                                                    iii. Maintaining the
                                                     3-hour block
                                                     average scrubber
                                                     liquid pH at or
                                                     above the minimum
                                                     scrubber liquid pH
                                                     established during
                                                     the most recent
                                                     performance test.
                              c. Maintain the       i. Collecting the
                               average scrubber      scrubber liquid
                               liquid flow rate      flow rate data, as
                               for each 3-hour       specified in item
                               block period at or    20.c. of Table 4 to
                               above the minimum     this subpart; and
                               scrubber liquid      ii. Reducing the
                               flow rate             scrubber liquid
                               established during    flow rate data to 1-
                               the most recent       hour and 3-hour
                               performance test.     block averages; and
                                                    iii. Maintaining the
                                                     3-hour block
                                                     average scrubber
                                                     liquid flow rate at
                                                     or above the
                                                     minimum scrubber
                                                     liquid flow rate
                                                     established during
                                                     the most recent
                                                     performance test.
                              d. If chemicals are   i. Collecting the
                               added to the          scrubber chemical
                               scrubber liquid,      feed rate data, as
                               maintain the          specified in item
                               average scrubber      20.d. of Table 4 to
                               chemical feed rate    this subpart; and
                               for each 3-hour      ii. Reducing the
                               block period at or    scrubber chemical
                               above the minimum     feed rate data to 1-
                               scrubber chemical     hour and 3-hour
                               feed rate             block averages; and
                               established during
                               the most recent
                               performance test.

[[Page 140]]

 
                                                    iii. Maintaining the
                                                     3-hour block
                                                     average scrubber
                                                     chemical feed rate
                                                     at or above the
                                                     minimum scrubber
                                                     chemical feed rate
                                                     established during
                                                     the most recent
                                                     performance test.
------------------------------------------------------------------------



  Sec. Table 9 to Subpart SSSSS of Part 63--Continuous Compliance With 
                         Work Practice Standards

    As stated inSec. 63.9810, you must show continuous compliance with 
the work practice standards for affected sources according to the 
following table:

------------------------------------------------------------------------
                                                    You must demonstrate
                                For the following        continuous
          For . . .               work practice      compliance by . . .
                                 standard . . .
------------------------------------------------------------------------
1. Each affected source       Each applicable work  i. Performing each
 listed in Table 3 to this     practice              applicable work
 subpart.                      requirement listed    practice standard
                               in Table 3 to this    listed in Table 3
                               subpart.              to this subpart;
                                                     and
                                                    ii. Maintaining
                                                     records that
                                                     document the method
                                                     and frequency for
                                                     complying with each
                                                     applicable work
                                                     practice standard
                                                     listed in Table 3
                                                     to this subpart, as
                                                     required by Sec.
                                                   Sec. 63.10(b) and
                                                     63.9816(c)(2).
2. Each basket or container   Control POM           i. Controlling
 that is used for holding      emissions from any    emissions from the
 fired refractory shapes in    affected shape        volatilization of
 an existing shape preheater   preheater.            residual pitch by
 and autoclave during the                            implementing one of
 pitch impregnation process.                         the work practice
                                                     standards listed in
                                                     item 1 of Table 3
                                                     to this subpart;
                                                     and
                                                    ii. Recording the
                                                     date and cleaning
                                                     method each time
                                                     you clean an
                                                     affected basket or
                                                     container.
3. Each new or existing       Control POM           Capturing and
 pitch working tank.           emissions.            venting emissions
                                                     from the affected
                                                     pitch working tank
                                                     to the control
                                                     device that is used
                                                     to control
                                                     emissions from an
                                                     affected defumer or
                                                     coking oven, or to
                                                     a thermal or
                                                     catalytic oxidizer
                                                     that is comparable
                                                     to the control
                                                     device used on an
                                                     affected defumer or
                                                     coking oven.
4. Each new or existing       Minimize fuel-based   i. Using natural
 chromium refractory           HAP emissions.        gas, or equivalent,
 products kiln.                                      as the kiln fuel at
                                                     all times except
                                                     during periods of
                                                     natural gas
                                                     curtailment or
                                                     supply
                                                     interruption; and
                                                    ii. If you intend to
                                                     use an alternative
                                                     fuel, submitting a
                                                     notification of
                                                     alternative fuel
                                                     use within 48 hours
                                                     of the declaration
                                                     of a per-iod of
                                                     natural gas
                                                     curtailment or
                                                     supply
                                                     interruption, as
                                                     defined in Sec.
                                                     63.9824; and
                                                    iii. Submitting a
                                                     report of
                                                     alternative fuel
                                                     use within 10
                                                     working days after
                                                     terminating the use
                                                     of the alternative
                                                     fuel, as specified
                                                     in Sec.
                                                     63.9814(g).
5. Each existing clay         Minimize fuel-based   i. Using natural
 refractory products kiln.     HAP emissions.        gas, or equivalent,
                                                     as the kiln fuel at
                                                     all times except
                                                     during periods of
                                                     natural gas
                                                     curtailment or
                                                     supply
                                                     interruption; and
                                                    ii. If you intend to
                                                     use an alternative
                                                     fuel, submitting a
                                                     notification of
                                                     alternative fuel
                                                     use within 48 hours
                                                     of the declaration
                                                     of a per-iod of
                                                     natural gas
                                                     curtailment or
                                                     supply
                                                     interruption, as
                                                     defined in Sec.
                                                     63.9824; and
                                                    iii. Submitting a
                                                     report of
                                                     alternative fuel
                                                     use within 10
                                                     working days after
                                                     terminating the use
                                                     of the alternative
                                                     fuel, as specified
                                                     in Sec.
                                                     63.9814(g).
------------------------------------------------------------------------


[[Page 141]]



   Sec. Table 10 to Subpart SSSSS of Part 63--Requirements for Reports

    As stated inSec. 63.9814, you must comply with the requirements 
for reports in the following table:

------------------------------------------------------------------------
                                 The report must     You must submit the
 You must submit a(n) . . .       contain . . .         report . . .
------------------------------------------------------------------------
1. Compliance report........  The information in    Semiannually
                             Sec. 63.9814(c)     according to the
                               through (f).          requirements in
                                                   Sec. 63.9814(a)
                                                     through (f).
2. Immediate startup,         a. Actions taken for  By fax or telephone
 shutdown, and malfunction     the event.            within 2 working
 report if you had a                                 days after starting
 startup, shutdown, or                               actions
 malfunction during the                              inconsistent with
 reporting period that is                            the plan.
 not consistent with your
 SSMP.
                              b. The information    By letter within 7
                               inSec.              working days after
                               63.10(d)(5)(ii).      the end of the
                                                     event unless you
                                                     have made
                                                     alternative
                                                     arrangements with
                                                     the permitting
                                                     authority.
3. Report of alternative      The information in    If you are subject
 fuel use.                   Sec. 63.9814(g)     to the work
                               and items 4 and 5     practice standard
                               of Table 9 to this    specified in item 3
                               subpart.              or 4 of Table 3 to
                                                     this subpart, and
                                                     you use an
                                                     alternative fuel in
                                                     the affected kiln,
                                                     by letter within 10
                                                     working days after
                                                     terminating the use
                                                     of the alternative
                                                     fuel.
------------------------------------------------------------------------



  Sec. Table 11 to Subpart SSSSS of Part 63--Applicability of General 
                       Provisions to Subpart SSSSS

    As stated inSec. 63.9820, you must comply with the applicable 
General Provisions requirements according to the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                             Applies to subpart
             Citation                         Subject                Brief description              SSSSS
----------------------------------------------------------------------------------------------------------------
Sec.   63.1.......................  Applicability.............  ..........................  Yes.
Sec.   63.2.......................  Definitions...............  ..........................  Yes.
Sec.   63.3.......................  Units and Abbreviations...  ..........................  Yes.
Sec.   63.4.......................  Prohibited Activities.....  Compliance date;            Yes.
                                                                 circumvention,
                                                                 severability.
Sec.   63.5.......................  Construction/               Applicability;              Yes.
                                     Reconstruction.             applications; approvals.
Sec.   63.6(a)....................  Applicability.............  General Provisions (GP)     Yes.
                                                                 apply unless compliance
                                                                 extension; GP apply to
                                                                 area sources that become
                                                                 major.
Sec.   63.6(b)(1)-(4).............  Compliance Dates for New    Standards apply at          Yes.
                                     and Reconstructed Sources.  effective date; 3 years
                                                                 after effective date;
                                                                 upon startup; 10 years
                                                                 after construction or
                                                                 reconstruction commences
                                                                 for section 112(f).
Sec.   63.6(b)(5).................  Notification..............  ..........................  Yes.
Sec.   63.6(b)(6).................  [Reserved]                                              ....................
Sec.   63.6(b)(7).................  Compliance Dates for New    Area sources that become    Yes.
                                     and Reconstructed Area      major must comply with
                                     Sources That Become Major.  major source standards
                                                                 immediately upon becoming
                                                                 major, regardless of
                                                                 whether required to
                                                                 comply when they were
                                                                 area sources.
Sec.   63.6(c)(1)-(2).............  Compliance Dates for        Comply according to date    Yes.
                                     Existing Sources.           in subpart, which must be
                                                                 no later than 3 years
                                                                 after effective date; for
                                                                 section 112(f) standards,
                                                                 comply within 90 days of
                                                                 effective date unless
                                                                 compliance extension.
Sec.   63.6(c)(3)-(4).............  [Reserved]                                              ....................
Sec.   63.6(c)(5).................  Compliance Dates for        Area sources that become    Yes.
                                     Existing Area Sources       major must comply with
                                     That Become Major.          major source standards by
                                                                 date indicated in subpart
                                                                 or by equivalent time
                                                                 period (for example, 3
                                                                 years).
Sec.   63.6(d)....................  [Reserved]                                              ....................
Sec.   63.6(e)(1)-(2).............  Operation & Maintenance...  Operate to minimize         Yes.
                                                                 emissions at all times;
                                                                 correct malfunctions as
                                                                 soon as practicable;
                                                                 requirements
                                                                 independently
                                                                 enforceable; information
                                                                 Administrator will use to
                                                                 determine if operation
                                                                 and maintenance
                                                                 requirements were met.

[[Page 142]]

 
Sec.   63.6(e)(3).................  Startup, Shutdown, and      ..........................  Yes.
                                     Malfunction Plan (SSMP).
Sec.   63.6(f)(1).................  Compliance Except During    You must comply with        Yes.
                                     SSM.                        emission standards at all
                                                                 times except during SSM.
Sec.   63.6(f)(2)-(3).............  Methods for Determining     Compliance based on         Yes.
                                     Compliance.                 performance test,
                                                                 operation and maintenance
                                                                 plans, records,
                                                                 inspection.
Sec.   63.6(g)(1)-(3).............  Alternative Standard......  Procedures for getting an   Yes.
                                                                 alternative standard.
Sec.   63.6(h)(1)-(9).............  Opacity/Visible Emission    ..........................  Not applicable.
                                     (VE) Standards.
Sec.   63.6(i)(1)-(14)............  Compliance Extension......  Procedures and criteria     Yes.
                                                                 for Administrator to
                                                                 grant compliance
                                                                 extension.
Sec.   63.6(j)....................  Presidential Compliance     President may exempt        Yes.
                                     Exemption.                  source category.
Sec.   63.7(a)(1)-(2).............  Performance Test Dates....  Dates for conducting        Yes.
                                                                 initial performance
                                                                 testing and other
                                                                 compliance
                                                                 demonstrations; must
                                                                 conduct 180 days after
                                                                 first subject to rule.
Sec.   63.7(a)(3).................  Section 114 Authority.....  Administrator may require   Yes.
                                                                 a performance test under
                                                                 CAA section 114 at any
                                                                 time.
Sec.   63.7(b)(1).................  Notification of             Must notify Administrator   Yes.
                                     Performance Test.           60 days before the test.
Sec.   63.7(b)(2).................  Notification of             Must notify Administrator   Yes.
                                     Rescheduling.               5 days before scheduled
                                                                 date and provide
                                                                 rescheduled date.
Sec.   63.7(c)....................  Quality Assurance/Test      Requirements; test plan     Yes.
                                     Plan.                       approval procedures;
                                                                 performance audit
                                                                 requirements; internal
                                                                 and external QA
                                                                 procedures for testing.
Sec.   63.7(d)....................  Testing Facilities........  ..........................  Yes.
Sec.   63.7(e)(1).................  Conditions for Conducting   Performance tests must be   No,Sec.  63.9800
                                     Performance Tests.          conducted under             specifies
                                                                 representative              requirements; Yes;
                                                                 conditions; cannot          Yes.
                                                                 conduct performance tests
                                                                 during SSM; not a
                                                                 violation to exceed
                                                                 standard during SSM.
Sec.   63.7(e)(2).................  Conditions for Conducting   Must conduct according to   Yes.
                                     Performance Tests.          subpart and EPA test
                                                                 methods unless
                                                                 Administrator approves
                                                                 alternative.
Sec.   63.7(e)(3).................  Test Run Duration.........  Must have three test runs   Yes; Yes, except
                                                                 of at least 1 hour each;    where specified in
                                                                 compliance is based on    Sec. 63.9800 for
                                                                 arithmetic mean of three    batch process
                                                                 runs; conditions when       sources; Yes.
                                                                 data from an additional
                                                                 test run can be used.
Sec.   63.7(f)....................  Alternative Test Method...  ..........................  Yes.
Sec.   63.7(g)....................  Performance Test Data       ..........................  Yes.
                                     Analysis.
Sec.   63.7(h)....................  Waiver of Test............  ..........................  Yes.
Sec.   63.8(a)(1).................  Applicability of            ..........................  Yes.
                                     Monitoring Requirements.
Sec.   63.8(a)(2).................  Performance Specifications  Performance Specifications  Yes.
                                                                 in appendix B of 40 CFR
                                                                 part 60 apply.
Sec.   63.8(a)(3).................  [Reserved]
Sec.   63.8(a)(4).................  Monitoring with Flares....  ..........................  Not applicable.
Sec.   63.8(b)(1).................  Monitoring................  Must conduct monitoring     Yes.
                                                                 according to standard
                                                                 unless Administrator
                                                                 approves alternative.
Sec.   63.8(b)(2)-(3).............  Multiple Effluents and      Specific requirements for   Yes.
                                     Multiple Monitoring         installing and reporting
                                     Systems.                    on monitoring systems.
Sec.   63.8(c)(1).................  Monitoring System           Maintenance consistent      Yes.
                                     Operation and Maintenance.  with good air pollution
                                                                 control practices.
Sec.   63.8(c)(1)(i)..............  Routine and Predictable     Reporting requirements for  Yes.
                                     SSM.                        SSM when action is
                                                                 described in SSMP.
Sec.   63.8(c)(1)(ii).............  SSM not in SSMP...........  Reporting requirements for  Yes.
                                                                 SSM when action is not
                                                                 described in SSMP.
Sec.   63.8(c)(1)(iii)............  Compliance with Operation   How Administrator           Yes.
                                     and Maintenance             determines if source is
                                     Requirements.               complying with operation
                                                                 and maintenance
                                                                 requirements.
Sec.   63.8(c)(2)-(3).............  Monitoring System           Must install to get         Yes.
                                     Installation.               representative emission
                                                                 and parameter
                                                                 measurements.
Sec.   63.8(c)(4).................  CMS Requirements..........  ..........................  No,Sec.  63.9808
                                                                                             specifies
                                                                                             requirements.
Sec.   63.8(c)(5).................  COMS Minimum Procedures...  ..........................  Not applicable.
Sec.   63.8(c)(6).................  CMS Requirements..........  ..........................  Applies only to
                                                                                             sources required to
                                                                                             install and operate
                                                                                             a THC CEMS.

[[Page 143]]

 
Sec.   63.8(c)(7)(i)(A)...........  CMS Requirements..........  ..........................  Applies only to
                                                                                             sources required to
                                                                                             install and operate
                                                                                             a THC CEMS.
Sec.   63.8(c)(7)(i)(B)...........  CMS Requirements..........  ..........................  Applies only to
                                                                                             sources required to
                                                                                             install and operate
                                                                                             a THC CEMS.
Sec.   63.8(c)(7)(i)(C)...........  CMS Requirements..........  ..........................  Not applicable.
Sec.   63.8(c)(7)(ii).............  CMS Requirements..........  Corrective action required  Yes.
                                                                 when CMS is out of
                                                                 control.
Sec.   63.8(c)(8).................  CMS Requirements..........  ..........................  Yes.
Sec.   63.8(d)....................  CMS Quality Control.......  ..........................  Applies only to
                                                                                             sources required to
                                                                                             install and operate
                                                                                             a THC CEMS.
Sec.   63.8(e)....................  CMS Performance Evaluation  ..........................  Applies only to
                                                                                             sources required to
                                                                                             install and operate
                                                                                             a THC CEMS.
Sec.   63.8(f)(1)-(5).............  Alternative Monitoring      ..........................  Yes.
                                     Method.
Sec.   63.8(f)(6).................  Alternative to Relative     ..........................  Yes.
                                     Accuracy Test.
Sec.   63.8(g)....................  Data Reduction............  ..........................  Applies only to
                                                                                             sources required to
                                                                                             install and operate
                                                                                             a THC CEMS.
Sec.   63.9(a)....................  Notification Requirements.  ..........................  Yes.
Sec.   63.9(b)(1)-(5).............  Initial Notifications.....  ..........................  Yes.
Sec.   63.9(c)....................  Request for Compliance      ..........................  Yes.
                                     Extension.
Sec.   63.9(d)....................  Notification of Special     ..........................  Yes.
                                     Compliance Requirements
                                     for New Source.
Sec.   63.9(e)....................  Notification of             Notify Administrator 60     Yes.
                                     Performance Test.           days prior.
Sec.   63.9(f)....................  Notification of VE/Opacity  ..........................  Not applicable.
                                     Test.
Sec.   63.9(g)....................  Additional Notifications    ..........................  Applies only to
                                     When Using CMS.                                         sources required to
                                                                                             install and operate
                                                                                             a THC CEMS.
Sec.   63.9(h)....................  Notification of Compliance  ..........................  Yes.
                                     Status.
Sec.   63.9(i)....................  Adjustment of Submittal     ..........................  Yes.
                                     Deadlines.
Sec.   63.9(j)....................  Change in Previous          ..........................  Yes.
                                     Information.
Sec.   63.10(a)...................  Recordkeeping/Reporting...  ..........................  Yes.
Sec.   63.10(b)(1)................  Recordkeeping/Reporting...  ..........................  Yes.
Sec.   63.10(b)(2)(i)-(v).........  Records Related to          ..........................  Yes.
                                     Startup, Shutdown, and
                                     Malfunction.
Sec.   63.10(b)(2)(vi) and (x-xi).  CMS Records...............  ..........................  Yes.
Sec.   63.10(b)(2)(vii)-(ix)......  Records...................  Measurements to             Yes.
                                                                 demonstrate compliance
                                                                 with emission
                                                                 limitations; performance
                                                                 test, performance
                                                                 evaluation, and visible
                                                                 emission observation
                                                                 results; measurements to
                                                                 determine conditions of
                                                                 performance tests and
                                                                 performance evaluations.
Sec.   63.10(b)(2)(xii)...........  Records...................  Records when under waiver.  Yes.
Sec.   63.10(b)(2)(xiii)..........  Records...................  Records when using          Not applicable.
                                                                 alternative to relative
                                                                 accuracy test.
Sec.   63.10(b)(2)(xiv)...........  Records...................  All documentation           Yes.
                                                                 supporting Initial
                                                                 Notification and
                                                                 Notification of
                                                                 Compliance Status.
Sec.   63.10(b)(3)................  Records...................  Applicability               Yes.
                                                                 Determinations.
Sec.   63.10(c)(1)-(6), (9)-(15)..  Records...................  Additional Records for CMS  Not applicable.
Sec.   63.10(c)(7)-(8)............  Records...................  Records of excess           No,Sec.  63.9816
                                                                 emissions and parameter     specifies
                                                                 monitoring exceedances      requirements.
                                                                 for CMS.
Sec.   63.10(d)(1)................  General Reporting           Requirements for reporting  Yes.
                                     Requirements.
Sec.   63.10(d)(2)................  Report of Performance Test  When to submit to Federal   Yes.
                                     Results.                    or State authority.
Sec.   63.10(d)(3)................  Reporting Opacity or VE     ..........................  Not applicable.
                                     Observations.
Sec.   63.10(d)(4)................  Progress Reports..........  Must submit progress        Yes.
                                                                 reports on schedule if
                                                                 under compliance
                                                                 extension.
Sec.   63.10(d)(5)................  Startup, Shutdown, and      Contents and submission...  Yes.
                                     Malfunction Reports.

[[Page 144]]

 
Sec.   63.10(e)(1)-(2)............  Additional CMS Reports....  ..........................  Applies only to
                                                                                             sources required to
                                                                                             install and operate
                                                                                             a THC CEMS.
Sec.   63.10(e)(3)................  Reports...................  ..........................  No,Sec.  63.9814
                                                                                             specifies
                                                                                             requirements.
Sec.   63.10(e)(4)................  Reporting COMS data.......  ..........................  Not applicable.
Sec.   63.10(f)...................  Waiver for Recordkeeping/   ..........................  Yes.
                                     Reporting.
Sec.   63.11......................  Flares....................  ..........................  Not applicable.
Sec.   63.12......................  Delegation................  ..........................  Yes.
Sec.   63.13......................  Addresses.................  ..........................  Yes.
Sec.   63.14......................  Incorporation by Reference  ..........................  Yes.
Sec.   63.15......................  Availability of             ..........................  Yes.
                                     Information.
----------------------------------------------------------------------------------------------------------------



Subpart TTTTT_National Emissions Standards for Hazardous Air Pollutants 
                     for Primary Magnesium Refining

    Source: 68 FR 58620, Oct. 10, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.9880  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for primary magnesium refineries. This subpart 
also establishes requirements to demonstrate initial and continuous 
compliance with all applicable emission limitations, work practice 
standards, and operation and maintenance requirements.



Sec.  63.9881  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a primary 
magnesium refinery that is (or is part of) a major source of hazardous 
air pollutant (HAP) emissions. Your primary magnesium refinery is a 
major source of HAP if it emits or has the potential to emit any single 
HAP at a rate of 10 tons or more per year or any combination of HAP at a 
rate of 25 tons or more per year.



Sec.  63.9882  What parts of my plant does this subpart cover?

    (a) The affected sources are each new and existing primary magnesium 
refining facility.
    (b) This subpart covers emissions from each spray dryer stack, 
magnesium chloride storage bins scrubber stack, melt/reactor system 
stack, and launder off-gas system stack at your primary magnesium 
refining facility. This subpart also covers fugitive dust emissions.
    (c) Each primary magnesium refining facility is existing if you 
commenced construction or reconstruction of the affected source before 
January 22, 2003.
    (d) Each primary magnesium refining facility is new if you commence 
construction or reconstruction of the affected source on or after 
January 22, 2003. An affected source is reconstructed if it meets the 
definition of reconstruction inSec. 63.2.



Sec.  63.9883  When do I have to comply with this subpart?

    (a) If you have an existing source, you must comply with each 
emission limitation, work practice standard, and operation and 
maintenance requirement in this subpart that applies to you no later 
than October 11, 2004.
    (b) If you have a new affected source and its initial startup date 
is on or before October 11, 2003, you must comply with each emission 
limitation, work practice standard, and operation and maintenance 
requirement in this subpart that applies to you by October 10, 2003.
    (c) If you have a new affected source and its initial startup date 
is after October 10, 2003, you must comply with each emission 
limitation, work practice standard, and operation and maintenance 
requirement in this subpart that applies to you upon initial startup.
    (d) If your primary magnesium refinery is an area source that 
becomes a major source of HAP, the compliance

[[Page 145]]

dates in paragraphs (d)(1) and (2) of this section apply to you:
    (1) Any portion of the existing primary magnesium refinery that is a 
new affected source or a new reconstructed source must be in compliance 
with this subpart upon startup.
    (2) All other parts of the primary magnesium refinery must be in 
compliance with this subpart no later than 2 years after it becomes a 
major source.
    (e) You must meet the notification and schedule requirements in 
Sec.  63.9930. Several of these notifications must be submitted before 
the compliance date for your affected source.

            Emission Limitations and Work Practice Standards



Sec.  63.9890  What emission limitations must I meet?

    (a) You must meet each emission limit in Table 1 to this subpart 
that applies to you.
    (b) For each wet scrubber applied to meet any particulate matter, 
particulate matter less than 10 microns (PM10), chlorine, 
hydrochloric acid, or dioxins/furans emission limit in Table 1 to this 
subpart, you must maintain the hourly average pressure drop and scrubber 
liquid flow rate at or above the minimum level established during the 
initial or subsequent performance test.



Sec.  63.9891  What work practice standards must I meet for my 
fugitive dust sources?

    (a) You must prepare and at all times operate according to a 
fugitive dust emissions control plan that describes in detail the 
measures that will be put in place to control fugitive dust emissions 
from all unpaved roads and other unpaved operational areas.
    (b) You must submit a copy of your fugitive dust emissions control 
plan for approval to the Administrator on or before the applicable 
compliance date for the affected source as specified inSec. 63.9883. 
The requirement to operate according to the fugitive dust emissions 
control plan must be incorporated by reference in the source's operating 
permit issued by the permitting authority under 40 CFR part 70 or 40 CFR 
part 71.
    (c) You can use an existing fugitive dust emissions control plan 
provided it meets the requirements in paragraphs (c)(1) through (3) of 
this section.
    (1) The plan satisfies the requirements of paragraph (a) of this 
section.
    (2) The plan describes the current measures to control fugitive dust 
emission sources.
    (3) The plan has been approved as part of a State implementation 
plan or title V permit.
    (d) You must maintain a current copy of the fugitive dust emissions 
control plan on-site and available for inspection upon request. You must 
keep the plan for the life of the affected source or until the affected 
source is no longer subject to the requirements of this subpart.

                 Operation and Maintenance Requirements



Sec.  63.9900  What are my operation and maintenance requirements?

    (a) As required bySec. 63.6(e)(1)(i), you must always operate and 
maintain your affected source, including air pollution control and 
monitoring equipment, in a manner consistent with good air pollution 
control practices for minimizing emissions at least to the levels 
required by this subpart.
    (b) You must prepare and operate at all times according to a written 
operation and maintenance plan for each control device subject to an 
operating limit inSec. 63.9890(b). Each plan must address preventative 
maintenance for each control device, including a preventative 
maintenance schedule that is consistent with the manufacturer's 
instructions for routine and long-term maintenance.
    (c) You must maintain a current copy of the operation and 
maintenance plan required in paragraph (b) of this section on-site and 
available for inspection upon request. You must keep the plan for the 
life of the affected source or until the affected source is no longer 
subject to the requirements of this subpart.

[[Page 146]]

                     General Compliance Requirements



Sec.  63.9910  What are my general requirements for complying with
this subpart?

    (a) You must be in compliance with the emission limitations, work 
practice standards, and operation and maintenance requirements in this 
subpart at all times, except during periods of startup, shutdown, and 
malfunction as defined inSec. 63.2.
    (b) You must develop a written startup, shutdown, and malfunction 
plan according to the provisions inSec. 63.6(e)(3).

[68 FR 58620, Oct. 10, 2003, as amended at 71 FR 20471, Apr. 20, 2006]

                     Initial Compliance Requirements



Sec.  63.9911  By what date must I conduct performance tests or other 
initial compliance demonstrations?

    (a) As required inSec. 63.7(a)(2), you must conduct a performance 
test to demonstrate initial compliance with each emission limit in Table 
1 to this subpart that applies to you as indicated in paragraphs (a)(1) 
through (3) of this section:
    (1) Within 180 calendar days after the compliance date that is 
specified inSec. 63.9883 for your existing affected source;
    (2) By April 7, 2004 for a new source that has an initial startup 
date before October 10, 2003; or
    (3) Within 180 days after initial startup for a new source that has 
an initial startup date after October 10, 2003.
    (b) For each operation and maintenance requirement that applies to 
you where initial compliance is not demonstrated using a performance 
test, you must demonstrate initial compliance within 30 calendar days 
after the compliance date that is specified for your affected source in 
Sec.  63.9883.
    (c) If you commenced construction or reconstruction between January 
22, 2003 and October 10, 2003, you must demonstrate initial compliance 
with either the proposed emission limitation or the promulgated emission 
limitation no later than April 7, 2004 or no later than 180 calendar 
days after startup of the source, whichever is later, according toSec. 
63.7(a)(2)(ix).
    (d) If you commenced construction or reconstruction between January 
22, 2003 and October 10, 2003, and you chose to comply with the proposed 
emission limit when demonstrating initial compliance, you must conduct a 
second performance test to demonstrate compliance with the promulgated 
emission limit by April 11, 2005, or after startup of the source, 
whichever is later, according toSec. 63.7(a)(2)(ix).



Sec.  63.9912  When must I conduct subsequent performance tests?

    You must conduct subsequent performance tests to demonstrate 
continuous compliance with all applicable emission limits in Table 1 to 
this subpart no less frequently than twice (at mid-term and renewal) 
during each term of your title V operating permit.



Sec.  63.9913  What test methods and other procedures must I use to 
demonstrate initial compliance with the emission limits for particulate
matter and PM 10?

    (a) You must conduct each performance test that applies to your 
affected source according to the requirements inSec. 63.7(e)(1).
    (b) To determine compliance with the applicable emission limits for 
particulate matter in Table 1 to this subpart, you must follow the test 
methods and procedures in paragraphs (b)(1) and (2) of this section.
    (1) Determine the concentration of particulate matter according to 
the following test methods in appendix A to 40 CFR part 60:
    (i) Method 1 to select sampling port locations and the number of 
traverse points. Sampling ports must be located at the outlet of the 
control device and prior to any releases to the atmosphere.
    (ii) Method 2, 2F, or 2G to determine the volumetric flow rate of 
the stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 5 or 5D, as applicable, to determine the concentration of 
particulate matter.

[[Page 147]]

    (vi) Method 201 or 201A, as applicable, to determine the 
concentration of PM10.
    (2) Collect a minimum sample volume of 60 dry standard cubic feet 
(dscf) during each particulate matter or PM10 test run. Three 
valid test runs are needed to comprise a performance test.
    (c) Compute the mass emissions rate in pounds per hour (lbs/hr) for 
each test run using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR10OC03.000

Where:

Elbs/hr = Mass emissions rate of particulate matter or 
          PM10 (lbs/hr);
Cs = Concentration of particulate matter or PM10 
          in the gas stream, grains per dry standard cubic feet (gr/
          dscf);
Qstd = Volumetric flow rate of stack gas, dry standard cubic 
          feet per minute (dscfm);
60 = Conversion factor, minutes per hour (min/hr); and
7,000 = Conversion factor, grains per pound (gr/lb).



Sec.  63.9914  What test methods and other procedures must I use to 
demonstrate initial compliance with chlorine and hydrochloric acid 
emission limits?

    (a) You must conduct each performance test that applies to your 
affected source according to the requirements inSec. 63.7(e)(1).
    (b) To determine compliance with the applicable emission limits for 
chlorine and hydrochloric acid in Table 1 to this subpart, you must 
follow the test methods and procedures specified in paragraphs (b)(1) 
and (2) of this section.
    (1) Determine the concentration of chlorine and hydrochloric acid 
according to the following test methods in appendix A to 40 CFR part 60:
    (i) Method 1 to select sampling port locations and the number of 
traverse points. Sampling ports must be located at the outlet of the 
control device and prior to any releases to the atmosphere.
    (ii) Method 2, 2F, or 2G to determine the volumetric flow of the 
stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 26 or 26A, as applicable, to determine the concentration 
of hydrochloric acid and chlorine.
    (2) Collect a minimum sample of 60 dscf during each test run for 
chlorine and hydrochloric acid. Three valid test runs are needed to 
comprise a performance test.
    (c) Compute the mass emissions rate (lbs/hr) for each test run using 
Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR10OC03.001

Where:

Elbs/hr = Mass emissions rate of chlorine or hydrochloric 
          acid (lbs/hr);
Cs = Concentration of chlorine or hydrochloric acid in the 
          gas stream, milligrams per dry standard cubic meter (mg/dscm);
Qstd = Volumetric flow rate of stack gas (dscfm);
60 = Conversion factor (min/hr);
35.31 = Conversion factor (dscf/dscm); and
454,000 = Conversion factor (mg/lb).



Sec.  63.9915  What test methods and other procedures must I use to
demonstrate initial compliance with dioxin/furan emission limits?

    (a) You must conduct each performance test that applies to your 
affected source according to the requirements inSec. 63.7(e)(1).
    (b) To determine compliance with the applicable emission limit for 
dioxins/furans in Table 1 to this subpart, you must follow the test 
methods and procedures specified in paragraphs (b)(1) and (2) of this 
section.
    (1) Determine the concentration of dioxin and furan according to the 
following test methods in appendix A to 40 CFR part 60:
    (i) Method 1 to select sampling port locations and the number of 
traverse points. Sampling ports must be located at the outlet of the 
control device and prior to any releases to the atmosphere.
    (ii) Method 2, 2F, or 2G to determine the volumetric flow of the 
stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 23 to determine the concentration of dioxins/furans. For 
each

[[Page 148]]

dioxin/furan congener measured in accordance with this paragraph (b)(v), 
multiply the congener concentration by its corresponding toxic 
equivalency factor specified in Table 2 of this subpart.
    (2) Collect a minimum sample of 100 dscf during each test run. Three 
valid test runs are needed to comprise a performance test.



Sec.  63.9916  What test methods and other procedures must I use to
establish and demonstrate initial compliance with the operating limits?

    For a wet scrubber subject to operating limits for pressure drop and 
scrubber water flow rate inSec. 63.9890(b), you must establish site-
specific operating limits according to the procedures in paragraphs (a) 
and (b) of this section.
    (a) Using the continuous parameter monitoring system (CPMS) required 
inSec. 63.9920, measure and record the pressure drop and scrubber 
water flow rate at least every 15 minutes during each run of the 
particulate matter performance test.
    (b) Compute and record the average pressure drop and scrubber water 
flow rate for each individual test run. Your operating limits are the 
lowest average individual pressure drop and scrubber water flow rate 
values in any of the three runs that meet the applicable emission limit.



Sec.  63.9917  How do I demonstrate initial compliance with the 
emission limitations and work practice standards that apply to me?

    (a) For each affected source subject to an emission limit in Table 1 
to this subpart, you have demonstrated initial compliance if:
    (1) You have met the conditions in Table 3 to this subpart; and
    (2) For each wet scrubber subject to the operating limits for 
pressure drop and scrubber water flow rate inSec. 63.9890(b), you have 
established appropriate site-specific operating limits and have a record 
of the pressure drop and scrubber water flow rate measured during the 
performance test in accordance withSec. 63.9916.
    (b) You have demonstrated initial compliance with the work practice 
standards inSec. 63.9891 if you have certified in your notification of 
compliance status that:
    (1) You have prepared a fugitive dust emissions control plan 
according to the requirements inSec. 63.9891 and submitted the plan 
for approval; and
    (2) You will operate according to the requirements in the plan.



Sec.  63.9918  How do I demonstrate initial compliance with the 
operation and maintenance requirements that apply to me?

    You must demonstrate initial compliance by certifying in your 
notification of compliance status that you have met the requirements in 
paragraphs (a) and (b) of this section.
    (a) You have prepared the operation and maintenance plan according 
to the requirements inSec. 63.9910; and
    (b) You will operate each control device according to the procedures 
in the plan.

                   Continuous Compliance Requirements



Sec.  63.9920  What are my continuous monitoring requirements?

    For each wet scrubber subject to the operating limits for pressure 
drop and scrubber water flow rates inSec. 63.9890(b), you must at all 
times monitor the hourly average pressure drop and liquid flow rate 
using a CPMS according to the requirements inSec. 63.9921(a).



Sec.  63.9921  What are the installation, operation and maintenance
requirements for my monitors?

    (a) For each wet scrubber subject to the operating limits inSec. 
63.9890(b) for pressure drop and scrubber water flow rate, you must 
install, operate, and maintain each CPMS according to the requirements 
in paragraphs (a)(1) and (2) of this section.
    (1) For the pressure drop CPMS, you must:
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure and that minimizes 
or eliminates pulsating pressure, vibration, and internal and external 
corrosion.
    (ii) Use a gauge with a minimum measurement sensitivity of 0.5 inch 
of water or a transducer with a minimum measurement sensitivity of 1 
percent of the pressure range.

[[Page 149]]

    (iii) Check the pressure tap for pluggage daily.
    (iv) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (v) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range, or install a 
new pressure sensor.
    (vi) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (2) For the scrubber water flow rate CPMS, you must:
    (i) Locate the flow sensor and other necessary equipment in a 
position that provides a representative flow and that reduces swirling 
flow or abnormal velocity distributions due to upstream and downstream 
disturbances.
    (ii) Use a flow sensor with a minimum measurement sensitivity of 2 
percent of the flow rate.
    (iii) Conduct a flow sensor calibration check at least semiannually 
according to the manufacturer's instructions.
    (iv) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (b) You must install, operate, and maintain each CPMS for a wet 
scrubber according to the requirements in paragraphs (b)(1) through (3) 
of this section.
    (1) Each CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period.
    (2) Each CPMS must have valid data for at least 95 percent of every 
averaging period.
    (3) Each CPMS must determine and record the hourly average of all 
recorded readings.



Sec.  63.9922  How do I monitor and collect data to demonstrate
continuous compliance?

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



Sec.  63.9923  How do I demonstrate continuous compliance with the
emission limitations and work practice standards that apply to me?

    (a) For each affected source subject to an emission limit in Table 1 
to this subpart, you must demonstrate continuous compliance according to 
the requirements in Table 4 to this subpart.
    (b) For each wet scrubber subject to the operating limits for 
pressure drop and scrubber water flow rate inSec. 63.9890(b), you must 
demonstrate continuous compliance according to the requirements in 
paragraphs (b)(1) and (2) of this section.
    (1) Collecting and reducing the monitoring data according toSec. 
63.9921(b); and
    (2) Maintaining the hourly average pressure drop and scrubber water 
flow rate at or above the minimum level established during the initial 
or subsequent performance.
    (c) You must demonstrate continuous compliance with the work 
practice standards inSec. 63.9891 by operating according to the 
requirements in your fugitive dust emissions control plan and recording 
information needed to document conformance with the requirements.

[[Page 150]]



Sec.  63.9924  How do I demonstrate continuous compliance with the
operation and maintenance requirements that apply to me?

    For each emission point subject to an emission limit in Table 1 to 
this subpart, you must demonstrate continuous compliance with the 
operation and maintenance requirements inSec. 63.9900 by performing 
preventive maintenance for each control device according toSec. 
63.9900(b) and recording all information needed to document conformance 
with these requirements.



Sec.  63.9925  What other requirements must I meet to demonstrate 
continuous compliance?

    (a) Deviations. You must report each instance in which you did not 
meet each emission limitation inSec. 63.9890 or work practice standard 
inSec. 63.9891 that applies to you. This includes periods of startup, 
shutdown, and malfunction. You must also report each instance in which 
you did not meet each operation and maintenance requirement required in 
Sec.  63.9900 that applies to you. These instances are deviations from 
the emission limitations, work practice standards, and operation and 
maintenance requirements in this subpart. These deviations must be 
reported according to the requirements inSec. 63.9931.
    (b) Startups, shutdowns, and malfunctions. (1) Consistent with 
Sec.Sec. 63.6(e) and 63.7(e)(1), deviations that occur during a period 
of startup, shutdown, or malfunction are not violations if you 
demonstrate to the Administrator's satisfaction that you were operating 
in accordance withSec. 63.6(e)(1).
    (2) The Administrator will determine whether deviations that occur 
during a period of startup, shutdown, or malfunction are violations, 
according to the provisions inSec. 63.6(e).

[68 FR 58620, Oct. 10, 2003, as amended at 71 FR 20471, Apr. 20, 2006]

                   Notifications, Reports, and Records



Sec.  63.9930  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec.Sec. 63.7(b) 
and (c), 63.8(f)(4), 63.9(b), and 63.9(h) that apply to you by the 
specified dates.
    (b) As specified inSec. 63.9(b)(2), if you startup your affected 
source before October 10, 2003, you must submit your initial 
notification no later than February 9, 2004.
    (c) As specified inSec. 63.9(b)(3), if you start your new affected 
source on or after October 10, 2003, you must submit your initial 
notification no later that 120 calendar days after you become subject to 
this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin as 
required inSec. 63.7(b)(1).
    (e) If you are required to conduct a performance test or other 
initial compliance demonstration, you must submit a notification of 
compliance status according toSec. 63.9(h)(2)(ii), and the 
requirements in paragraphs (e)(1) and (2) of this section:
    (1) For each initial compliance demonstration that does not include 
a performance test, you must submit the notification of compliance 
status before the close of business on the 30th calendar day following 
completion of the initial compliance demonstration.
    (2) For each initial compliance demonstration that does include a 
performance test, you must submit the notification of compliance status, 
including the performance test results, before the close of business on 
the 60th calendar day following the completion of the performance test 
according toSec. 63.10(d)(2).



Sec.  63.9931  What reports must I submit and when?

    (a) Compliance report due dates. Unless the Administrator has 
approved a different schedule, you must submit a semiannual compliance 
report to your permitting authority according to the requirements in 
paragraphs (a) (1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source inSec. 
63.9883 and ending on June 30 or December 31, whichever date comes after 
the compliance date that is specified for your source inSec. 63.9883.

[[Page 151]]

    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date comes first after your 
compliance report is due.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date comes 
first after the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in paragraphs (a)(1) through (4) of 
this section.
    (b) Compliance report contents. Each compliance report must include 
the information in paragraphs (b)(1) through (3) of this section and, as 
applicable, paragraphs (b)(4) through (8) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown, or malfunction during the 
reporting period and you took actions consistent with your startup, 
shutdown, and malfunction plan, the compliance report must include the 
information inSec. 63.10(d)(5)(i).
    (5) If there were no deviations from the continuous compliance 
requirements in Sec.Sec. 63.9923 and 63.9924 that apply to you, a 
statement that there were no deviations from the emission limitations, 
work practice standards, or operation and maintenance requirements 
during the reporting period.
    (6) If there were no periods during which a CPMS was out-of-control 
as specified inSec. 63.8(c)(7), a statement that there were no periods 
during which the CPMS was out-of-control during the reporting period.
    (7) For each deviation from an emission limitation inSec. 63.9890 
that occurs at an affected source where you are not using a CPMS to 
comply with an emission limitation in this subpart, the compliance 
report must contain the information in paragraphs (b)(1) through (4) of 
this section and the information in paragraphs (b)(7)(i) and (ii) of 
this section. This includes periods of startup, shutdown, and 
malfunction.
    (i) The total operating time of each affected source during the 
reporting period.
    (ii) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable) as applicable and the 
corrective action taken.
    (8) For each deviation from an emission limitation occurring at an 
affected source where you are using a CPMS to comply with the emission 
limitation in this subpart, you must include the information in 
paragraphs (b)(1) through (4) of this section and the information in 
paragraphs (b)(8)(i) through (xi) of this section. This includes periods 
of startup, shutdown, and malfunction.
    (i) The date and time that each malfunction started and stopped.
    (ii) The date and time that each continuous monitoring was 
inoperative, except for zero (low-level) and high-level checks.
    (iii) The date, time, and duration that each continuous monitoring 
system was out-of-control, including the information inSec. 
63.8(c)(8).
    (iv) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period.
    (v) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (vi) A breakdown of the total duration of the deviations during the 
reporting period including those that are due to startup, shutdown, 
control

[[Page 152]]

equipment problems, process problems, other known causes, and other 
unknown causes.
    (vii) A summary of the total duration of continuous monitoring 
system downtime during the reporting period and the total duration of 
continuous monitoring system downtime as a percent of the total source 
operating time during the reporting period.
    (viii) A brief description of the process units.
    (ix) A brief description of the continuous monitoring system.
    (x) The date of the latest continuous monitoring system 
certification or audit.
    (xi) A description of any changes in continuous monitoring systems, 
processes, or controls since the last reporting period.
    (c) Immediate startup, shutdown, and malfunction report. If you had 
a startup, shutdown, or malfunction during the semiannual reporting 
period that was not consistent with your startup, shutdown, and 
malfunction plan, you must submit an immediate startup, shutdown, and 
malfunction report according to the requirements inSec. 
63.10(d)(5)(ii).
    (d) Part 70 monitoring report. If you have obtained a title V 
operating permit for an affected source pursuant to 40 CFR part 70 or 40 
CFR part 71, you must report all deviations as defined in this subpart 
in the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a 
compliance report for an affected source along with, or as part of, the 
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 
CFR 71.6(a)(3)(iii)(A), and the compliance report includes all the 
required information concerning deviations from any emissions 
limitation, work practice standards, or operation and maintenance 
requirement in this subpart, submission of the compliance report 
satisfies any obligation to report the same deviations in the semiannual 
monitoring report. However, submission of the compliance report does not 
otherwise affect any obligation you may have to report deviations from 
permit requirements for an affected source to your permitting authority.



Sec.  63.9932  What records must I keep?

    (a) You must keep the records as indicated in paragraphs (a)(1) 
through (3) of this section:
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
initial notification or notification of compliance status that you 
submitted, according to the requirements inSec. 63.10(b)(2)(xiv).
    (2) The records inSec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) Records of performance tests and performance evaluations as 
required inSec. 63.10(b)(2)(viii).
    (b) You must keep the records required in Sec.Sec. 63.9932 and 
63.9933 to show continuous compliance with each emission limitation, 
work practice standard, and operating and maintenance requirement that 
applies to you.



Sec.  63.9933  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according toSec. 63.10(b)(1).
    (b) As specified inSec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record according toSec. 63.10(b)(1). You can keep the 
records off site for the remaining 3 years.
    (d) You must keep your fugitive dust emissions control plan and your 
operation and maintenance plan on-site according to the requirements in 
Sec.Sec. 63.9891(d) and 63.9900(c).

                   Other Requirements and Information



Sec.  63.9940  What parts of the General Provisions apply to me?

    Table 4 to this subpart shows which parts of the General Provisions 
in Sec.Sec. 63.1 through 63.15 apply to you.

[[Page 153]]



Sec.  63.9941  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the United 
States Environmental Protection Agency (U.S. EPA) or a delegated 
authority such as your State, local, or tribal agency. If the EPA 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency has the authority to implement and enforce this 
subpart. You should contact your EPA Regional Office to find out if this 
subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of the EPA and are not transferred to the 
State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are specified in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of alternatives to the non-opacity emission limitations 
inSec. 63.9890 and work practice standards inSec. 63.9891 under 
Sec.  63.6(g).
    (2) Approval of major alternatives to test methods underSec. 
63.7(e)(2)(ii) and (f) and as defined inSec. 63.90.
    (3) Approval of major alternatives to monitoring underSec. 63.8(f) 
and as defined inSec. 63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
underSec. 63.10(f) and as defined inSec. 63.90.



Sec.  63.9942  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec.  63.2, and in this section as follows:
    Chlorine plant bypass scrubber means the wet scrubber that captures 
chlorine gas during a chlorine plant shut down or failure.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation (including 
operating limits) or operation and maintenance requirement;
    (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 in this subpart during 
startup, shutdown, or malfunction, regardless of whether or not such 
failure is permitted by this subpart.
    Emission limitation means any emission limit, opacity limit, or 
operating limit.
    Launder off-gas system means a system that collects chlorine and 
hydrochloric acid fumes from collection points within the melt/reactor 
system building. The system then removes particulate matter and 
hydrochloric acid from the collected gases prior to discharge to the 
atmosphere.
    Magnesium chloride storage bins means vessels that store dried 
magnesium chloride powder produced from the spray drying operation.
    Melt/reactor system means a system that melts and chlorinates 
dehydrated brine to produce high purity molten magnesium chloride feed 
for electrolysis.
    Primary magnesium refining means the production of magnesium metal 
and magnesium metal alloys from natural sources of magnesium chloride 
such as sea water or water from the Great Salt Lake and magnesium 
bearing ores.
    Responsible official means responsible official as defined inSec. 
63.2.
    Spray dryer means dryers that evaporate brine to form magnesium 
powder by contact with high temperature gases exhausted from gas 
turbines.
    Wet scrubber means a device that contacts an exhaust gas with a 
liquid to remove particulate matter and acid gases from the exhaust. 
Examples are packed-bed wet scrubbers and venturi scrubbers.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the Clean Air Act.

[[Page 154]]



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

    As required inSec. 63.9890(a), you must comply with each 
applicable emission limit in the following table:

------------------------------------------------------------------------
                                    You must comply with each of the
          For . . .                         following . . .
------------------------------------------------------------------------
1. Each spray dryer stack....  a. You must not cause to be discharged to
                                the atmosphere any gases that contain
                                particulate matter in excess of 100 lbs/
                                hr; and
                               b. You must not cause to be discharged to
                                the atmosphere any gases that contain
                                hydrochloric acid in excess of 200 lbs/
                                hr.
2. Each magnesium chloride     a. You must not cause to be discharged to
 storage bins scrubber stack.   the atmosphere any gases that contain
                                hydrochloric acid in excess of 47.5 lbs/
                                hr and 0.35 gr/dscf; and
                               b. You must not cause to be discharged to
                                the atmosphere any gases that contain
                                PM10 in excess of 2.7 lbs/hr and 0.016
                                gr/dscf.
3. Each melt/reactor system    a. You must not cause to be discharged to
 stack.                         the atmosphere any gases that contain
                                PM10 in excess of 13.1 lbs/hr; and
                               b. You must not cause to be discharged to
                                the atmosphere any gases that contain
                                hydrochloric acid in excess of 7.2 lbs/
                                hr; and
                               c. You must not cause to be discharged to
                                the atmosphere any gases that contain
                                chlorine in excess of 100 lbs/hr; and
                               d. You must not cause to be discharged to
                                the atmosphere any gases that contain 36
                                ng TEQ/dscm corrected to 7% oxygen.
4. Each launder off-gas        a. You must not cause to be discharged to
 system stack.                  the atmosphere any gases that contain
                                particulate matter in excess of 37.5 lbs/
                                hr; and
                               b. You must not cause to be discharged to
                                the atmosphere any gases that contain
                                hydrochloric acid in excess of 46.0 lbs/
                                hr; and
                               c. You must not cause to be discharged to
                                the atmosphere any gases that contain
                                chlorine in excess of 26.0 lbs/hr.
------------------------------------------------------------------------



   Sec. Table 2 to Subpart TTTTT of Part 63--Toxic Equivalency Factors

------------------------------------------------------------------------
                                                              Toxic
                 Dioxin/furan congener                     equivalency
                                                              factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin..............           1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin............           1
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin...........           0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin...........           0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin...........           0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin........           0.01
octachlorinated dibenzo-p-dioxin.......................           0.0001
2,3,7,8-tetrachlorinated dibenzofuran..................           0.1
2,3,4,7,8-pentachlorinated dibenzofuran................           0.5
1,2,3,7,8-pentachlorinated dibenzofuran................           0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran...............           0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran...............           0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran...............           0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran...............           0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran............           0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran............           0.01
octachlorinated dibenzofuran...........................           0.0001
------------------------------------------------------------------------



   Sec. Table 3 to Subpart TTTTT of Part 63--Initial Compliance With 
                             Emission Limits

    As required in 63.9916, you must demonstrate initial compliance with 
the emission limits according to the following table:

------------------------------------------------------------------------
                                You have demonstrated initial compliance
          For . . .                             if . . .
------------------------------------------------------------------------
1. Each spray dryer stack....  a. The average mass flow of particulate
                                matter from the control system applied
                                to emissions from each spray dryer,
                                measured according to the performance
                                test procedures inSec.  63.9913(c),
                                did not exceed 100 lbs/hr; and
                               b. The average mass flow of hydrochloric
                                acid from the control system applied to
                                emissions from each spray dryer,
                                determined according to the performance
                                test procedures inSec.  63.9914(c),
                                did not exceed 200 lbs/hr.
2. Each magnesium chloride     a. The average mass flow of hydrochloric
 storage bin scrubber stack.    acid from the control system applied to
                                the magnesium chloride storage bins
                                scrubber exhaust, measured according to
                                the performance test procedure in Sec.
                                63.9914, did not exceed 47.5 lbs/hr and
                                0.35 gr/dscf; and

[[Page 155]]

 
                               b. The average mass flow of PM10 from the
                                control system applied to the magnesium
                                chloride storage bins scrubber exhaust,
                                determined according to the performance
                                test procedures inSec.  63.9913, did
                                not exceed 2.7 lbs/hr and 0.016 gr/dscf.
3. Each melt/reactor system    a. The average mass flow of PM10 from the
 stack.                         control system applied to the melt/
                                reactor system exhaust, measured
                                according to the performance test
                                procedures inSec.  63.9913, did not
                                exceed 13.1 lbs/hr; and
                               b. The average mass flow of hydrochloric
                                acid from the control system applied to
                                the melt/reactor system exhaust,
                                measured according to the performance
                                test procedures inSec.  63.9914, did
                                not exceed 7.2 lbs/hr; and
                               c. The average mass flow of chlorine from
                                the control system applied to the melt/
                                reactor system exhaust, measured
                                according to the performance test
                                procedures inSec.  63.9914, did not
                                exceed 100 lbs/hr.
                               d. The average concentration of dioxins/
                                furans from the control system applied
                                to the melt/reactor system exhaust,
                                measured according to the performance
                                test procedures inSec.  63.9915, did
                                not exceed 36 ng TEQ/dscm corrected to
                                7% oxygen.
4. Each launder off-gas        a. The average mass flow of particulate
 system stack.                  matter from the control system applied
                                to the launder off-gas system collection
                                system exhaust, measured according to
                                the performance test procedures in Sec.
                                 63.9913, did not exceed 37.5 lbs/hr;
                                and
                               b. The average mass flow of hydrochloric
                                acid from the control system applied to
                                the launder off-gas system collection
                                system exhaust, measured according to
                                the performance test procedures in Sec.
                                 63.9914, did not exceed 46.0 lbs/hr;
                                and
                               c. The average mass flow of chlorine from
                                the control system applied to the
                                launder off-gas system collection system
                                exhaust, measured according to the
                                performance test procedures in Sec.
                                63.9914, did not exceed 26.0 lbs/hr.
------------------------------------------------------------------------



  Sec. Table 4 to Subpart TTTTT of Part 63--Continuous Compliance With 
                             Emission Limits

    As required inSec. 63.9923, you must demonstrate continuous 
compliance with the emission limits according to the following table:

------------------------------------------------------------------------
                                    You must demonstrate continuous
          For . . .                       compliance by . . .
------------------------------------------------------------------------
1. Each spray dryer stack....  a. Maintaining emissions of PM10 at or
                                below 100 lbs/hr; and
                               b. Maintaining emissions of hydrochloric
                                acid at or below 200 lbs/hr; and
                               c. Conducting subsequent performance
                                tests at least twice during each term of
                                your title V operating permit (at mid-
                                term and renewal).
2. Magnesium chloride storage  a. Maintaining emissions of hydrochloric
 bins scrubber stack.           acid at or below 47.5 lbs/hr and 0.35 gr/
                                dscf; and
                               b. Maintaining emissions of PM10 at or
                                below 2.7 lbs/hr and 0.016 gr/dscf; and
                               c. Conducting subsequent performance
                                tests at least twice during each term of
                                your title V operating permit (at mid-
                                term and renewal).
3. Each melt/reactor system    a. Maintaining emissions of PM10 at or
 stack.                         below 13.1 lbs/hr; and
                               b. Maintaining emissions of hydrochloric
                                acid at or below 7.2 lbs/hr; and
                               c. Maintaining emissions of chlorine at
                                or below 100 lbs/hr; and
                               d. Maintaining emissions of dioxins/
                                furans at or below 36 ng TEQ/dscm
                                corrected to 7% oxygen.
                               e. Conducting subsequent performance test
                                at least twice during each term of your
                                title V operating permit (at mid-term
                                and renewal).
4. Each launder off-gas        a. Maintaining emissions of particulate
 system stack.                  matter at or below 37.5 lbs/hr; and
                               b. Maintaining emissions of hydrochloric
                                acid at or below 46.0 lbs/hr; and
                               c. Maintaining emissions of chlorine at
                                or below 26.0 lbs/hr; and
                               d. Conducting subsequent performance
                                tests at least twice during each term of
                                your title V operating permit (at mid-
                                term and renewal).
------------------------------------------------------------------------



   Sec. Table 5 to Subpart TTTTT of Part 63--Applicability of General 
                 Provisions to Subpart TTTTT of Part 63

    As required inSec. 63.9950, you must comply with the requirements 
of the NESHAP General Provisions (40 CFR part 63, subpart A) shown in 
the following table:

----------------------------------------------------------------------------------------------------------------
              Citation                       Subject           Applies to Subpart TTTTT         Explanation
----------------------------------------------------------------------------------------------------------------
63.1...............................  Applicability.........  Yes.
63.2...............................  Definitions...........  Yes.
63.3...............................  Units and               Yes.
                                      Abbreviations.
63.4...............................  Prohibited Activities.  Yes.
63.5...............................  Construction and        Yes.
                                      Reconstruction.

[[Page 156]]

 
63.6(a)-(g)........................  Compliance with         Yes.
                                      Standards and
                                      Maintenance
                                      Requirements.
63.6(h)............................  Determining Compliance  No.
                                      with Opacity and
                                      Visible Emission
                                      Standards.
63.6(i)-(j)........................  Extension of            Yes.
                                      Compliance and
                                      Presidential
                                      Compliance Exemption.
63.7(a)(1)-(2).....................  Applicability and       No                           Subpart TTTTT
                                      Performance Test                                     specifies performance
                                      Dates.                                               test applicability
                                                                                           and dates.
63.7(a)(3), (b)-(h)................  Performance Testing     Yes.
                                      Requirements.
63.8 except for (a)(4),(c)(4), and   Monitoring              Yes.
 (f)(6).                              Requirements.
63.8(a)(4).........................  Additional Monitoring   No.........................  Subpart TTTTT does not
                                      Requirements for                                     require flares.
                                      Control Devices in
                                    Sec. 63.11.
63.8(c)(4).........................  Continuous Monitoring   No.........................  Subpart TTTTT
                                      System Requirements.                                 specifies
                                                                                           requirements for
                                                                                           operation of CMS.
63.8(f)(6).........................  Relative Accuracy Test  No.........................  Subpart TTTTT does not
                                      Alternative (RATA).                                  require continuous
                                                                                           emission monitoring
                                                                                           systems.
63.9...............................  Notification            Yes.
                                      Requirements.
63.9(g)(5).........................  Data Reduction........  No.........................  Subpart TTTTT
                                                                                           specifies data
                                                                                           reduction
                                                                                           requirements.
63.10 except for (b)(2)(xiii) and    Recordkeeping and       Yes.
 (c)(7)-(8).                          Reporting
                                      Requirements.
63.10(b)(2)(xiii)..................  Continuous Monitoring   No.........................  Subpart TTTTT does not
                                      System (CMS) Records                                 require continuous
                                      for RATA Alternative.                                emission monitoring
                                                                                           systems.
63.10(c)(7)-(8)....................  Records of Excess       No.........................  Subpart TTTTT
                                      Emissions and                                        specifies
                                      Parameter Monitoring                                 recordkeeping
                                      Accedences for CMS.                                  requirements.
63.11..............................  Control Device          No.........................  Subpart TTTTT does not
                                      Requirements.                                        require flares.
63.12..............................  State Authority and     Yes.
                                      Delegations.
63.13-63.15........................  Addresses,              Yes.
                                      Incorporation by
                                      Reference,
                                      Availability of
                                      Information.
----------------------------------------------------------------------------------------------------------------



Subpart UUUUU_National Emission Standards for Hazardous Air Pollutants: 
       Coal- and Oil-Fired Electric Utility Steam Generating Units

    Source: 77 FR 9464, Feb. 16, 2012, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.9980  What is the purpose of this subpart?

    This subpart establishes national emission limitations and work 
practice standards for hazardous air pollutants (HAP) emitted from coal- 
and oil-fired electric utility steam generating units (EGUs) as defined 
inSec. 63.10042 of this subpart. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with the 
emission limitations.



Sec.  63.9981  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a coal-fired 
EGU or an oil-fired EGU as defined inSec. 63.10042 of this subpart.



Sec.  63.9982  What is the affected source of this subpart?

    (a) This subpart applies to each individual or group of two or more 
new, reconstructed, or existing affected source(s) as described in 
paragraphs (a)(1) and (2) of this section within a contiguous area and 
under common control.
    (1) The affected source of this subpart is the collection of all 
existing coal- or oil-fired EGUs, as defined inSec. 63.10042, within a 
subcategory.

[[Page 157]]

    (2) The affected source of this subpart is each new or reconstructed 
coal- or oil-fired EGU as defined inSec. 63.10042.
    (b) An EGU is new if you commence construction of the coal- or oil-
fired EGU after May 3, 2011.
    (c) An EGU is reconstructed if you meet the reconstruction criteria 
as defined inSec. 63.2, and if you commence reconstruction after May 
3, 2011.
    (d) An EGU is existing if it is not new or reconstructed. An 
existing electric steam generating unit that meets the applicability 
requirements after the effective date of this final rule due to a change 
in process (e.g., fuel or utilization) is considered to be an existing 
source under this subpart.

[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23402, Apr. 19, 2012; 78 
FR 24084, Apr. 24, 2013]



Sec.  63.9983  Are any EGUs not subject to this subpart?

    The types of electric steam generating units listed in paragraphs 
(a) through (d) of this section are not subject to this subpart.
    (a) Any unit designated as a stationary combustion turbine, other 
than an integrated gasification combined cycle (IGCC) unit, covered by 
40 CFR part 63, subpart YYYY.
    (b) Any electric utility steam generating unit that is not a coal- 
or oil-fired EGU and combusts natural gas for more than 10.0 percent of 
the average annual heat input during any 3 calendar years or for more 
than 15.0 percent of the annual heat input during any calendar year.
    (c) Any electric utility steam generating unit that has the 
capability of combusting more than 25 MW of coal or oil but did not fire 
coal or oil for more than 10.0 percent of the average annual heat input 
during any 3 calendar years or for more than 15.0 percent of the annual 
heat input during any calendar year. Heat input means heat derived from 
combustion of fuel in an EGU and does not include the heat derived from 
preheated combustion air, recirculated flue gases or exhaust gases from 
other sources (such as stationary gas turbines, internal combustion 
engines, and industrial boilers).
    (d) Any electric steam generating unit combusting solid waste is a 
solid waste incineration unit subject to standards established under 
sections 129 and 111 of the Clean Air Act.



Sec.  63.9984  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed EGU, you must comply with 
this subpart by April 16, 2012 or upon startup of your EGU, whichever is 
later, and as further provided for inSec. 63.10005(g).
    (b) If you have an existing EGU, you must comply with this subpart 
no later than April 16, 2015.
    (c) You must meet the notification requirements inSec. 63.10030 
according to the schedule inSec. 63.10030 and in subpart A of this 
part. Some of the notifications must be submitted before you are 
required to comply with the emission limits and work practice standards 
in this subpart.
    (d) An electric steam generating unit that does not meet the 
definition of an EGU subject to this subpart on April 16, 2012 for new 
sources or April 16, 2015 for existing sources must comply with the 
applicable existing source provisions of this subpart on the date such 
unit meets the definition of an EGU subject to this subpart.
    (e) If you own or operate an electric steam generating unit that is 
exempted from this subpart underSec. 63.9983(d), if the manner of 
operating the unit changes such that the combustion of waste is 
discontinued and the unit becomes a coal-fired or oil-fired EGU (as 
defined inSec. 63.10042), you must be in compliance with this subpart 
on April 16, 2015 or on the effective date of the switch from waste 
combustion to coal or oil combustion, whichever is later.
    (f) You must demonstrate that compliance has been achieved, by 
conducting the required performance tests and other activities, no later 
than 180 days after the applicable date in paragraph (a), (b), (c), (d), 
or (e) of this section.



Sec.  63.9985  What is a new EGU?

    (a) A new EGU is an EGU that meets any of the criteria specified in 
paragraph (a)(1) through (a)(2) of this section.
    (1) An EGU that commenced construction after May 3, 2011.

[[Page 158]]

    (2) An EGU that commenced reconstruction after May 3, 2011.
    (b) [Reserved]

[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23402, Apr. 19, 2012]

            Emission Limitations and Work Practice Standards



Sec.  63.9990  What are the subcategories of EGUs?

    (a) Coal-fired EGUs are subcategorized as defined in paragraphs 
(a)(1) through (a)(2) of this section and as defined inSec. 63.10042.
    (1) EGUs designed for coal with a heating value greater than or 
equal to 8,300 Btu/lb, and
    (2) EGUs designed for low rank virgin coal.
    (b) Oil-fired EGUs are subcategorized as noted in paragraphs (b)(1) 
through (b)(4) of this section and as defined inSec. 63.10042.
    (1) Continental liquid oil-fired EGUs
    (2) Non-continental liquid oil-fired EGUs,
    (3) Limited-use liquid oil-fired EGUs, and
    (4) EGUs designed to burn solid oil-derived fuel.
    (c) IGCC units combusting either gasified coal or gasified solid 
oil-derived fuel. For purposes of compliance, monitoring, recordkeeping, 
and reporting requirements in this subpart, IGCC units are subject in 
the same manner as coal-fired units and solid oil-derived fuel-fired 
units, unless otherwise indicated.



Sec.  63.9991  What emission limitations, work practice standards, 
and operating limits must I meet?

    (a) You must meet the requirements in paragraphs (a)(1) and (2) of 
this section. You must meet these requirements at all times.
    (1) You must meet each emission limit and work practice standard in 
Table 1 through 3 to this subpart that applies to your EGU, for each EGU 
at your source, except as provided underSec. 63.10009.
    (2) You must meet each operating limit in Table 4 to this subpart 
that applies to your EGU.
    (b) As provided inSec. 63.6(g), the Administrator may approve use 
of an alternative to the work practice standards in this section.
    (c) You may use the alternate SO2 limit in Tables 1 and 2 
to this subpart only if your EGU:
    (1) Has a system using wet or dry flue gas desulfurization 
technology and SO2 continuous emissions monitoring system 
(CEMS) installed on the unit; and
    (2) At all times, you operate the wet or dry flue gas 
desulfurization technology installed on the unit consistent withSec. 
63.10000(b).

[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23402, Apr. 19, 2012]

                     General Compliance Requirements



Sec.  63.10000  What are my general requirements for complying with
this subpart?

    (a) You must be in compliance with the emission limits and operating 
limits in this subpart. These limits apply to you at all times except 
during periods of startup and shutdown; however, for coal-fired, liquid 
oil-fired, or solid oil-derived fuel-fired EGUs, you are required to 
meet the work practice requirements in Table 3 to this subpart during 
periods of startup or shutdown.
    (b) At all times you must operate and maintain any affected source, 
including associated air pollution control equipment and monitoring 
equipment, in a manner consistent with safety and good air pollution 
control practices for minimizing emissions. Determination of whether 
such operation and maintenance procedures are being used will be based 
on information available to the EPA Administrator which may include, but 
is not limited to, monitoring results, review of operation and 
maintenance procedures, review of operation and maintenance records, and 
inspection of the source.
    (c)(1) For coal-fired units, IGCC units, and solid oil-derived fuel-
fired units, initial performance testing is required for all pollutants, 
to demonstrate compliance with the applicable emission limits.
    (i) For a coal-fired or solid oil-derived fuel-fired EGU or IGCC 
EGU, you may conduct the initial performance testing in accordance with 
Sec.  63.10005(h), to determine whether the unit qualifies as a low 
emitting EGU (LEE) for one or

[[Page 159]]

more applicable emissions limits, with two exceptions:
    (A) You may not pursue the LEE option if your coal-fired, IGCC, or 
solid oil-derived fuel-fired EGU is equipped with an acid gas scrubber 
and has a main stack and bypass stack exhaust configuration, and
    (B) You may not pursue the LEE option for Hg if your coal-fired, 
solid oil-derived fuel-fired EGU or IGCC EGU is new.
    (ii) For a qualifying LEE for Hg emissions limits, you must conduct 
a 30-day performance test using Method 30B at least once every 12 
calendar months to demonstrate continued LEE status.
    (iii) For a qualifying LEE of any other applicable emissions limits, 
you must conduct a performance test at least once every 36 calendar 
months to demonstrate continued LEE status.
    (iv) If your coal-fired or solid oil derived fuel-fired EGU or IGCC 
EGU does not qualify as a LEE for total non-mercury HAP metals, 
individual non-mercury HAP metals, or filterable particulate matter 
(PM), you must demonstrate compliance through an initial performance 
test and you must monitor continuous performance through either use of a 
particulate matter continuous parametric monitoring system (PM CPMS), a 
PM CEMS, or, for an existing EGU, compliance performance testing 
repeated quarterly.
    (v) If your coal-fired or solid oil-derived fuel-fired EGU does not 
qualify as a LEE for hydrogen chloride (HCl), you may demonstrate 
initial and continuous compliance through use of an HCl CEMS, installed 
and operated in accordance with Appendix B to this subpart. As an 
alternative to HCl CEMS, you may demonstrate initial and continuous 
compliance by conducting an initial and periodic quarterly performance 
stack test for HCl. If your EGU uses wet or dry flue gas desulfurization 
technology (this includes limestone injection into a fluidized bed 
combustion unit), you may apply a second alternative to HCl CEMS by 
installing and operating a sulfur dioxide (SO2) CEMS 
installed and operated in accordance with part 75 of this chapter to 
demonstrate compliance with the applicable SO2 emissions 
limit.
    (vi) If your coal-fired or solid oil-derived fuel-fired EGU does not 
qualify as a LEE for Hg, you must demonstrate initial and continuous 
compliance through use of a Hg CEMS or a sorbent trap monitoring system, 
in accordance with appendix A to this subpart.
    (2) For liquid oil-fired EGUs, except limited use liquid oil-fired 
EGUs, initial performance testing is required for all pollutants, to 
demonstrate compliance with the applicable emission limits.
    (i) For an existing liquid oil-fired unit, you may conduct the 
performance testing in accordance withSec. 63.10005(h), to determine 
whether the unit qualifies as a LEE for one or more pollutants. For a 
qualifying LEE for Hg emissions limits, you must conduct a 30-day 
performance test using Method 30B at least once every 12 calendar months 
to demonstrate continued LEE status. For a qualifying LEE of any other 
applicable emissions limits, you must conduct a performance test at 
least once every 36 calendar months to demonstrate continued LEE status.
    (ii) If your liquid oil-fired unit does not qualify as a LEE for 
total HAP metals (including mercury), individual metals (including 
mercury), or filterable PM you must demonstrate compliance through an 
initial performance test and you must monitor continuous performance 
through either use of a PM CPMS, a PM CEMS, or, for an existing EGU, 
performance testing conducted quarterly.
    (iii) If your existing liquid oil-fired unit does not qualify as a 
LEE for hydrogen chloride (HCl) or for hydrogen fluoride (HF), you may 
demonstrate initial and continuous compliance through use of an HCl 
CEMS, an HF CEMS, or an HCl and HF CEMS, installed and operated in 
accordance with Appendix B to this rule. As an alternative to HCl CEMS, 
HF CEMS, or HCl and HF CEMS, you may demonstrate initial and continuous 
compliance by conducting periodic quarterly performance stack tests for 
HCl and HF. If you elect to demonstrate compliance through quarterly 
performance testing, then you must also develop a site-specific 
monitoring plan to ensure that the operations of the unit remain

[[Page 160]]

consistent with those during the performance test. As another 
alternative, you may measure or obtain, and keep records of, fuel 
moisture content; as long as fuel moisture does not exceed 1.0 percent 
by weight, you need not conduct other HCl or HF monitoring or testing.
    (iv) If your unit qualifies as a limited-use liquid oil-fired as 
defined inSec. 63.10042, then you are not subject to the emission 
limits in Tables 1 and 2, but you must comply with the performance tune-
up work practice requirements in Table 3.
    (d)(1) If you demonstrate compliance with any applicable emissions 
limit through use of a continuous monitoring system (CMS), where a CMS 
includes a continuous parameter monitoring system (CPMS) as well as a 
continuous emissions monitoring system (CEMS), you must develop a site-
specific monitoring plan and submit this site-specific monitoring plan, 
if requested, at least 60 days before your initial performance 
evaluation (where applicable) of your CMS. This requirement also applies 
to you if you petition the Administrator for alternative monitoring 
parameters underSec. 63.8(f). This requirement to develop and submit a 
site-specific monitoring plan does not apply to affected sources with 
existing monitoring plans that apply to CEMS and CPMS prepared under 
appendix B to part 60 or part 75 of this chapter, and that meet the 
requirements ofSec. 63.10010. Using the process described inSec. 
63.8(f)(4), you may request approval of monitoring system quality 
assurance and quality control procedures alternative to those specified 
in this paragraph of this section and, if approved, include those in 
your site-specific monitoring plan. The monitoring plan must address the 
provisions in paragraphs (d)(2) through (5) of this section.
    (2) The site-specific monitoring plan shall include the information 
specified in paragraphs (d)(5)(i) through (d)(5)(vii) of this section. 
Alternatively, the requirements of paragraphs (d)(5)(i) through 
(d)(5)(vii) are considered to be met for a particular CMS or sorbent 
trap monitoring system if:
    (i) The CMS or sorbent trap monitoring system is installed, 
certified, maintained, operated, and quality-assured either according to 
part 75 of this chapter, or appendix A or B to this subpart; and
    (ii) The recordkeeping and reporting requirements of part 75 of this 
chapter, or appendix A or B to this subpart, that pertain to the CMS are 
met.
    (3) If requested by the Administrator, you must submit the 
monitoring plan (or relevant portion of the plan) at least 60 days 
before the initial performance evaluation of a particular CMS, except 
where the CMS has already undergone a performance evaluation that meets 
the requirements ofSec. 63.10010 (e.g., if the CMS was previously 
certified under another program).
    (4) You must operate and maintain the CMS according to the site-
specific monitoring plan.
    (5) The provisions of the site-specific monitoring plan must address 
the following items:
    (i) Installation of the CMS or sorbent trap monitoring system 
sampling probe or other interface at a measurement location relative to 
each affected process unit such that the measurement is representative 
of control of the exhaust emissions (e.g., on or downstream of the last 
control device). SeeSec. 63.10010(a) for further details. For PM CPMS 
installations, follow the procedures inSec. 63.10010(h).
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction systems.
    (iii) Schedule for conducting initial and periodic performance 
evaluations.
    (iv) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations), including the quality control program in 
accordance with the general requirements ofSec. 63.8(d).
    (v) On-going operation and maintenance procedures, in accordance 
with the general requirements of Sec.Sec. 63.8(c)(1)(ii), (c)(3), and 
(c)(4)(ii).
    (vi) Conditions that define a CMS that is out of control consistent 
withSec. 63.8(c)(7)(i) and for responding to out of control periods 
consistent with Sec.Sec. 63.8(c)(7)(ii) and (c)(8).
    (vii) On-going recordkeeping and reporting procedures, in accordance 
with the general requirements of Sec.Sec. 63.10(c),

[[Page 161]]

(e)(1), and (e)(2)(i), or as specifically required under this subpart.
    (e) As part of your demonstration of continuous compliance, you must 
perform periodic tune-ups of your EGU(s), according toSec. 
63.10021(e).
    (f) You are subject to the requirements of this subpart for at least 
6 months following the last date you met the definition of an EGU 
subject to this subpart (e.g., 6 months after a cogeneration unit 
provided more than one third of its potential electrical output capacity 
and more than 25 megawatts electrical output to any power distribution 
system for sale). You may opt to remain subject to the provisions of 
this subpart beyond 6 months after the last date you met the definition 
of an EGU subject to this subpart, unless you are a solid waste 
incineration unit subject to standards under CAA section 129 (e.g., 40 
CFR Part 60, Subpart CCCC (New Source Performance Standards (NSPS) for 
Commercial and Industrial Solid Waste Incineration Units, or Subpart 
DDDD (Emissions Guidelines (EG) for Existing Commercial and Industrial 
Solid Waste Incineration Units). Notwithstanding the provisions of this 
subpart, an EGU that starts combusting solid waste is immediately 
subject to standards under CAA section 129 and the EGU remains subject 
to those standards until the EGU no longer meets the definition of a 
solid waste incineration unit consistent with the provisions of the 
applicable CAA section 129 standards.
    (g) If you no longer meet the definition of an EGU subject to this 
subpart you must be in compliance with any newly applicable standards on 
the date you are no longer subject to this subpart. The date you are no 
longer subject to this subpart is a date selected by you, that must be 
at least 6 months from the date that you last met the definition of an 
EGU subject to this subpart or the date you begin combusting solid 
waste, consistent withSec. 63.9983(d). Your source must remain in 
compliance with this subpart until the date you select to cease 
complying with this subpart or the date you begin combusting solid 
waste, whichever is earlier.
    (h)(1) If you own or operate an EGU that does not meet the 
definition of an EGU subject to this subpart on April 16, 2015, and you 
commence or recommence operations that cause you to meet the definition 
of an EGU subject to this subpart, you are subject to the provisions of 
this subpart, including, but not limited to, the emission limitations 
and the monitoring requirements, as of the first day you meet the 
definition of an EGU subject to this subpart. You must complete all 
initial compliance demonstrations for this subpart applicable to your 
EGU within 180 days after you commence or recommence operations that 
cause you to meet the definition of an EGU subject to this subpart.
    (2) You must provide 30 days prior notice of the date you intend to 
commence or recommence operations that cause you to meet the definition 
of an EGU subject to this subpart. The notification must identify:
    (i) The name of the owner or operator of the EGU, the location of 
the facility, the unit(s) that will commence or recommence operations 
that will cause the unit(s) to meet the definition of an EGU subject to 
this subpart, and the date of the notice;
    (ii) The 40 CFR part 60, part 62, or part 63 subpart and subcategory 
currently applicable to your unit(s), and the subcategory of this 
subpart that will be applicable after you commence or recommence 
operation that will cause the unit(s) to meet the definition of an EGU 
subject to this subpart;
    (iii) The date on which you became subject to the currently 
applicable emission limits;
    (iv) The date upon which you will commence or recommence operations 
that will cause your unit to meet the definition of an EGU subject to 
this subpart, consistent with paragraph (f) of this section.
    (i)(1) If you own or operate an EGU subject to this subpart, and it 
has been at least 6 months since you operated in a manner that caused 
you to meet the definition of an EGU subject to this subpart, you may, 
consistent with paragraph (g) of this section, select the date on which 
your EGU will no longer be subject to this subpart. You must be in 
compliance with any newly applicable section 112 or 129 standards on the 
date you selected.

[[Page 162]]

    (2) You must provide 30 days prior notice of the date your EGU will 
cease complying with this subpart. The notification must identify:
    (i) The name of the owner or operator of the EGU(s), the location of 
the facility, the EGU(s) that will cease complying with this subpart, 
and the date of the notice;
    (ii) The currently applicable subcategory under this subpart, and 
any 40 CFR part 60, part 62, or part 63 subpart and subcategory that 
will be applicable after you cease complying with this subpart;
    (iii) The date on which you became subject to this subpart;
    (iv) The date upon which you will cease complying with this subpart, 
consistent with paragraph (g) of this section.
    (j) All air pollution control equipment necessary for compliance 
with any newly applicable emissions limits which apply as a result of 
the cessation or commencement or recommencement of operations that cause 
your EGU to meet the definition of an EGU subject to this subpart must 
be installed and operational as of the date your source ceases to be or 
becomes subject to this subpart.
    (k) All monitoring systems necessary for compliance with any newly 
applicable monitoring requirements which apply as a result of the 
cessation or commencement or recommencement of operations that cause 
your EGU to meet the definition of an EGU subject to this subpart must 
be installed and operational as of the date your source ceases to be or 
becomes subject to this subpart. All calibration and drift checks must 
be performed as of the date your source ceases to be or becomes subject 
to this subpart. You must also comply with provisions of Sec.Sec. 
63.10010, 63.10020, and 63.10021 of this subpart. Relative accuracy 
tests must be performed as of the performance test deadline for PM CEMS, 
if applicable. Relative accuracy testing for other CEMS need not be 
repeated if that testing was previously performed consistent with CAA 
section 112 monitoring requirements or monitoring requirements under 
this subpart.

[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23402, Apr. 19, 2012; 78 
FR 24084, Apr. 24, 2013]



Sec.  63.10001  Affirmative defense for exceedence of emission limit
during malfunction.

    In response to an action to enforce the standards set forth inSec. 
63.9991 you may assert an affirmative defense to a claim for civil 
penalties for exceedances of such standards that are caused by 
malfunction, as defined at 40 CFR 63.2. Appropriate penalties may be 
assessed, however, if you fail to meet your burden of proving all of the 
requirements in the affirmative defense. The affirmative defense shall 
not be available for claims for injunctive relief.
    (a) To establish the affirmative defense in any action to enforce 
such a limit, you must timely meet the notification requirements in 
paragraph (b) of this section, and must prove by a preponderance of 
evidence that:
    (1) The excess emissions:
    (i) Were caused by a sudden, infrequent, and unavoidable failure of 
air pollution control and monitoring equipment, process equipment, or a 
process to operate in a normal or usual manner, and
    (ii) Could not have been prevented through careful planning, proper 
design or better operation and maintenance practices; and
    (iii) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for; and
    (iv) Were not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (2) Repairs were made as expeditiously as possible when the 
applicable emission limitations were being exceeded. Off-shift and 
overtime labor were used, to the extent practicable to make these 
repairs; and
    (3) The frequency, amount and duration of the excess emissions 
(including any bypass) were minimized to the maximum extent practicable 
during periods of such emissions; and
    (4) If the excess emissions resulted from a bypass of control 
equipment or

[[Page 163]]

a process, then the bypass was unavoidable to prevent loss of life, 
personal injury, or severe property damage; and
    (5) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality, the environment and human 
health; and
    (6) All emissions monitoring and control systems were kept in 
operation if at all possible, consistent with safety and good air 
pollution control practices; and
    (7) All of the actions in response to the excess emissions were 
documented by properly signed, contemporaneous operating logs; and
    (8) At all times, the affected source was operated in a manner 
consistent with good practices for minimizing emissions; and
    (9) A written root cause analysis has been prepared, the purpose of 
which is to determine, correct, and eliminate the primary causes of the 
malfunction and the excess emissions resulting from the malfunction 
event at issue. The analysis shall also specify, using best monitoring 
methods and engineering judgment, the amount of excess emissions that 
were the result of the malfunction.
    (b) Notification. The owner or operator of the affected source 
experiencing an exceedance of its emission limit(s) during a malfunction 
shall notify the Administrator by telephone or facsimile (FAX) 
transmission as soon as possible, but no later than two business days 
after the initial occurrence of the malfunction or, if it is not 
possible to determine within two business days whether the malfunction 
caused or contributed to an exceedance, no later than two business days 
after the owner or operator knew or should have known that the 
malfunction caused or contributed to an exceedance, but, in no event 
later than two business days after the end of the averaging period, if 
it wishes to avail itself of an affirmative defense to civil penalties 
for that malfunction. The owner or operator seeking to assert an 
affirmative defense shall also submit a written report to the 
Administrator within 45 days of the initial occurrence of the exceedance 
of the standard inSec. 63.9991 to demonstrate, with all necessary 
supporting documentation, that it has met the requirements set forth in 
paragraph (a) of this section. The owner or operator may seek an 
extension of this deadline for up to 30 additional days by submitting a 
written request to the Administrator before the expiration of the 45 day 
period. Until a request for an extension has been approved by the 
Administrator, the owner or operator is subject to the requirement to 
submit such report within 45 days of the initial occurrence of the 
exceedance.

               Testing and Initial Compliance Requirements



Sec.  63.10005  What are my initial compliance requirements and by
what date must I conduct them?

    (a) General requirements. For each of your affected EGUs, you must 
demonstrate initial compliance with each applicable emissions limit in 
Table 1 or 2 of this subpart through performance testing. Where two 
emissions limits are specified for a particular pollutant (e.g., a heat 
input-based limit in lb/MMBtu and an electrical output-based limit in 
lb/MWh), you may demonstrate compliance with either emission limit. For 
a particular compliance demonstration, you may be required to conduct 
one or more of the following activities in conjunction with performance 
testing: collection of hourly electrical load data (megawatts); 
establishment of operating limits according toSec. 63.10011 and Tables 
4 and 7 to this subpart; and CMS performance evaluations. In all cases, 
you must demonstrate initial compliance no later than the applicable 
date in paragraph (f) of this section for tune-up work practices for 
existing EGUs, inSec. 63.9984 for other requirements for existing 
EGUs, and in paragraph (g) of this section for all requirements for new 
EGUs.
    (1) To demonstrate initial compliance with an applicable emissions 
limit in Table 1 or 2 to this subpart using stack testing, the initial 
performance test generally consists of three runs at specified process 
operating conditions using approved methods. If you are required to 
establish operating limits (see paragraph (d) of this section and Table 
4 to this subpart), you must collect all applicable parametric data 
during the performance test period. Also,

[[Page 164]]

if you choose to comply with an electrical output-based emission limit, 
you must collect hourly electrical load data during the test period.
    (2) To demonstrate initial compliance using either a CMS that 
measures HAP concentrations directly (i.e., an Hg, HCl, or HF CEMS, or a 
sorbent trap monitoring system) or an SO2 or PM CEMS, the 
initial performance test consists of 30 boiler operating days of data 
collected by the initial compliance demonstration date specified in 
Sec.  63.10005 with the certified monitoring system.
    (i) The 30-boiler operating day CMS performance test must 
demonstrate compliance with the applicable Hg, HCl, HF, PM, or 
SO2 emissions limit in Table 1 or 2 to this subpart.
    (ii) If you choose to comply with an electrical output-based 
emission limit, you must collect hourly electrical load data during the 
performance test period.
    (b) Performance testing requirements. If you choose to use 
performance testing to demonstrate initial compliance with the 
applicable emissions limits in Tables 1 and 2 to this subpart for your 
EGUs, you must conduct the tests according toSec. 63.10007 and Table 5 
to this subpart. For the purposes of the initial compliance 
demonstration, you may use test data and results from a performance test 
conducted prior to the date on which compliance is required as specified 
inSec. 63.9984, provided that the following conditions are fully met:
    (1) For a performance test based on stack test data, the test was 
conducted no more than 12 calendar months prior to the date on which 
compliance is required as specified inSec. 63.9984;
    (2) For a performance test based on data from a certified CEMS or 
sorbent trap monitoring system, the test consists of all valid CMS data 
recorded in the 30 boiler operating days immediately preceding that 
date;
    (3) The performance test was conducted in accordance with all 
applicable requirements inSec. 63.10007 and Table 5 to this subpart;
    (4) A record of all parameters needed to convert pollutant 
concentrations to units of the emission standard (e.g., stack flow rate, 
diluent gas concentrations, hourly electrical loads) is available for 
the entire performance test period; and
    (5) For each performance test based on stack test data, you certify, 
and keep documentation demonstrating, that the EGU configuration, 
control devices, and fuel(s) have remained consistent with conditions 
since the prior performance test was conducted.
    (c) Operating limits. In accordance withSec. 63.10010 and Table 4 
to this subpart, you may be required to establish operating limits using 
PM CPMS and using site-specific monitoring for certain liquid oil-fired 
units as part of your initial compliance demonstration.
    (d) CMS requirements. If, for a particular emission or operating 
limit, you are required to (or elect to) demonstrate initial compliance 
using a continuous monitoring system, the CMS must pass a performance 
evaluation prior to the initial compliance demonstration. If a CMS has 
been previously certified under another state or federal program and is 
continuing to meet the on-going quality-assurance (QA) requirements of 
that program, then, provided that the certification and QA provisions of 
that program meet the applicable requirements of Sec.Sec. 63.10010(b) 
through (h), an additional performance evaluation of the CMS is not 
required under this subpart.
    (1) For an affected coal-fired, solid oil-derived fuel-fired, or 
liquid oil-fired EGU, you may demonstrate initial compliance with the 
applicable SO2, HCl, or HF emissions limit in Table 1 or 2 to 
this subpart through use of an SO2, HCl, or HF CEMS installed 
and operated in accordance with part 75 of this chapter or appendix B to 
this subpart, as applicable. You may also demonstrate compliance with a 
filterable PM emission limit in Table 1 or 2 to this subpart through use 
of a PM CEMS installed, certified, and operated in accordance withSec. 
63.10010(i). Initial compliance is achieved if the arithmetic average of 
30-boiler operating days of quality-assured CEMS data, expressed in 
units of the standard (seeSec. 63.10007(e)), meets the applicable 
SO2, PM, HCl, or HF emissions limit in Table 1 or 2 to this 
subpart. Use Equation 19-19 of Method 19 in appendix A-7 to part 60 of 
this chapter to calculate the 30-boiler operating day average

[[Page 165]]

emissions rate. (Note: For this calculation, the term Ehj in 
Equation 19-19 must be in the same units of measure as the applicable 
HCl or HF emission limit in Table 1 or 2 to this subpart).
    (2) For affected coal-fired or solid oil-derived fuel-fired EGUs 
that demonstrate compliance with the applicable emission limits for 
total non-mercury HAP metals, individual non-mercury HAP metals, total 
HAP metals, individual HAP metals, or filterable PM listed in Table 1 or 
2 to this subpart using initial performance testing and continuous 
monitoring with PM CPMS:
    (i) You must demonstrate initial compliance no later than the 
applicable date specified inSec. 63.9984(f) for existing EGUs and in 
paragraph (g) of this section for new EGUs.
    (ii) You must demonstrate continuous compliance with the PM CPMS 
site-specific operating limit that corresponds to the results of the 
performance test demonstrating compliance with the emission limit with 
which you choose to comply.
    (iii) You must repeat the performance test annually for the selected 
pollutant emissions limit and reassess and adjust the site-specific 
operating limit in accordance with the results of the performance test.
    (3) For affected EGUs that are either required to or elect to 
demonstrate initial compliance with the applicable Hg emission limit in 
Table 1 or 2 of this subpart using Hg CEMS or sorbent trap monitoring 
systems, initial compliance must be demonstrated no later than the 
applicable date specified inSec. 63.9984(f) for existing EGUs and in 
paragraph (g) of this section for new EGUs. Initial compliance is 
achieved if the arithmetic average of 30-boiler operating days of 
quality-assured CEMS (or sorbent trap monitoring system) data, expressed 
in units of the standard (see section 6.2 of appendix A to this 
subpart), meets the applicable Hg emission limit in Table 1 or 2 to this 
subpart.
    (4) For affected liquid oil-fired EGUs that demonstrate compliance 
with the applicable emission limits for HCl or HF listed in Table 1 or 2 
to this subpart using quarterly testing and continuous monitoring with a 
CMS:
    (i) You must demonstrate initial compliance no later than the 
applicable date specified inSec. 63.9984 for existing EGUs and in 
paragraph (g) of this section for new EGUs.
    (ii) You must demonstrate continuous compliance with the CMS site-
specific operating limit that corresponds to the results of the 
performance test demonstrating compliance with the HCl or HF emissions 
limit.
    (iii) You must repeat the performance test annually for the HCl or 
HF emissions limit and reassess and adjust the site-specific operating 
limit in accordance with the results of the performance test.
    (e) Tune-ups. All affected EGUs are subject to the work practice 
standards in Table 3 of this subpart. As part of your initial compliance 
demonstration, you must conduct a performance tune-up of your EGU 
according toSec. 63.10021(e).
    (f) For existing affected sources a tune-up may occur prior to April 
16, 2012, so that existing sources without neural networks have up to 42 
calendar months (3 years from promulgation plus 180 days) or, in the 
case of units employing neural network combustion controls, up to 54 
calendar months (48 months from promulgation plus 180 days) after the 
date that is specified for your source inSec. 63.9984 and according to 
the applicable provisions inSec. 63.7(a)(2) as cited in Table 9 to 
this subpart to demonstrate compliance with this requirement. If a tune-
up occurs prior to such date, the source must maintain adequate records 
to show that the tune-up met the requirements of this standard.
    (g) If your new or reconstructed affected source commenced 
construction or reconstruction between May 3, 2011, and July 2, 2011, 
you must demonstrate initial compliance with either the proposed 
emission limits or the promulgated emission limits no later than 180 
days after April 16, 2012 or within 180 days after startup of the 
source, whichever is later, according toSec. 63.7(a)(2)(ix).
    (1) For the new or reconstructed affected source described in this 
paragraph (g), if you choose to comply with the proposed emission limits 
when demonstrating initial compliance, you

[[Page 166]]

must conduct a second compliance demonstration for the promulgated 
emission limits within 3 years after April 16, 2012 or within 3 years 
after startup of the affected source, whichever is later.
    (2) If your new or reconstructed affected source commences 
construction or reconstruction after April 16, 2012, you must 
demonstrate initial compliance with the promulgated emission limits no 
later than 180 days after startup of the source.
    (h) Low emitting EGUs. The provisions of this paragraph (h) apply to 
pollutants with emissions limits from new EGUs except Hg and to all 
pollutants with emissions limits from existing EGUs. You may not pursue 
this compliance option if your existing EGU is equipped with an acid gas 
scrubber and has a main stack and bypass stack exhaust configuration.
    (1) An EGU may qualify for low emitting EGU (LEE) status for Hg, 
HCl, HF, filterable PM, total non-Hg HAP metals, or individual non-Hg 
HAP metals (or total HAP metals or individual HAP metals, for liquid 
oil-fired EGUs) if you collect performance test data that meet the 
requirements of this paragraph (h), and if those data demonstrate:
    (i) For all pollutants except Hg, performance test emissions results 
less than 50 percent of the applicable emissions limits in Table 1 or 2 
to this subpart for all required testing for 3 consecutive years; or
    (ii) For Hg emissions from an existing EGU, either:
    (A) Average emissions less than 10 percent of the applicable Hg 
emissions limit in Table 2 to this subpart (expressed either in units of 
lb/TBtu or lb/GWh); or
    (B) Potential Hg mass emissions of 29.0 or fewer pounds per year and 
compliance with the applicable Hg emission limit in Table 2 to this 
subpart (expressed either in units of lb/TBtu or lb/GWh).
    (2) For all pollutants except Hg, you must conduct all required 
performance tests described inSec. 63.10007 to demonstrate that a unit 
qualifies for LEE status.
    (i) When conducting emissions testing to demonstrate LEE status, you 
must increase the minimum sample volume specified in Table 1 or 2 
nominally by a factor of two.
    (ii) Follow the instructions inSec. 63.10007(e) and Table 5 to 
this subpart to convert the test data to the units of the applicable 
standard.
    (3) For Hg, you must conduct a 30-boiler operating day performance 
test using Method 30B in appendix A-8 to part 60 of this chapter to 
determine whether a unit qualifies for LEE status. Locate the Method 30B 
sampling probe tip at a point within the 10 percent centroidal area of 
the duct at a location that meets Method 1 in appendix A-1 to part 60 of 
this chapter and conduct at least three nominally equal length test runs 
over the 30-boiler operating day test period. Collect Hg emissions data 
continuously over the entire test period (except when changing sorbent 
traps or performing required reference method QA procedures), under all 
process operating conditions. You may use a pair of sorbent traps to 
sample the stack gas for no more than 10 days.
    (i) Depending on whether you intend to assess LEE status for Hg in 
terms of the lb/TBtu or lb/GWh emission limit in Table 2 to this subpart 
or in terms of the annual Hg mass emissions limit of 29.0 lb/year, you 
will have to collect some or all of the following data during the 30-
boiler operating day test period (see paragraph (h)(3)(iii) of this 
section):
    (A) Diluent gas (CO2 or O2) data, using either 
Method 3A in appendix A-3 to part 60 of this chapter or a diluent gas 
monitor that has been certified according to part 75 of this chapter.
    (B) Stack gas flow rate data, using either Method 2, 2F, or 2G in 
appendices A-1 and A-2 to part 60 of this chapter, or a flow rate 
monitor that has been certified according to part 75 of this chapter.
    (C) Stack gas moisture content data, using either Method 4 in 
appendix A-1 to part 60 of this chapter, or a moisture monitoring system 
that has been certified according to part 75 of this chapter. 
Alternatively, an appropriate fuel-specific default moisture value from 
Sec.  75.11(b) of this chapter may be used in the calculations or you 
may petition the Administrator underSec. 75.66 of this

[[Page 167]]

chapter for use of a default moisture value for non-coal-fired units.
    (D) Hourly electrical load data (megawatts), from facility records.
    (ii) If you use CEMS to measure CO2 (or O2) 
concentration, and/or flow rate, and/or moisture, record hourly average 
values of each parameter throughout the 30-boiler operating day test 
period. If you opt to use EPA reference methods rather than CEMS for any 
parameter, you must perform at least one representative test run on each 
operating day of the test period, using the applicable reference method.
    (iii) Calculate the average Hg concentration, in [micro]g/m\3\ (dry 
basis), for the 30-boiler operating day performance test, as the 
arithmetic average of all Method 30B sorbent trap results. Also 
calculate, as applicable, the average values of CO2 or 
O2 concentration, stack gas flow rate, stack gas moisture 
content, and electrical load for the test period. Then:
    (A) To express the test results in units of lb/TBtu, follow the 
procedures inSec. 63.10007(e). Use the average Hg concentration and 
diluent gas values in the calculations.
    (B) To express the test results in units of lb/GWh, use Equations A-
3 and A-4 in section 6.2.2 of appendix A to this subpart, replacing the 
hourly values ``Ch'', ``Qh'', ``Bws'' 
and ``(MW)h'' with the average values of these parameters 
from the performance test.
    (C) To calculate pounds of Hg per year, use one of the following 
methods:
    (1) Multiply the average lb/TBtu Hg emission rate (determined 
according to paragraph (h)(3)(iii)(A) of this section) by the maximum 
potential annual heat input to the unit (TBtu), which is equal to the 
maximum rated unit heat input (TBtu/hr) times 8,760 hours. If the 
maximum rated heat input value is expressed in units of MMBtu/hr, 
multiply it by 10 -6 to convert it to TBtu/hr; or
    (2) Multiply the average lb/GWh Hg emission rate (determined 
according to paragraph (h)(3)(iii)(B) of this section) by the maximum 
potential annual electricity generation (GWh), which is equal to the 
maximum rated electrical output of the unit (GW) times 8,760 hours. If 
the maximum rated electrical output value is expressed in units of MW, 
multiply it by 10 -3 to convert it to GW; or
    (3) If an EGU has a federally-enforceable permit limit on either the 
annual heat input or the number of annual operating hours, you may 
modify the calculations in paragraph (h)(3)(iii)(C)(1) of this section 
by replacing the maximum potential annual heat input or 8,760 unit 
operating hours with the permit limit on annual heat input or operating 
hours (as applicable).
    (4) For a group of affected units that vent to a common stack, you 
may either assess LEE status for the units individually by performing a 
separate emission test of each unit in the duct leading from the unit to 
the common stack, or you may perform a single emission test in the 
common stack. If you choose the common stack testing option, the units 
in the configuration qualify for LEE status if:
    (i) The emission rate measured at the common stack is less than 50 
percent (10 percent for Hg) of the applicable emission limit in Table 1 
or 2 to this subpart; or
    (ii) For Hg from an existing EGU, the applicable Hg emission limit 
in Table 2 to this subpart is met and the potential annual mass 
emissions, calculated according to paragraph (h)(3)(iii) of this section 
(with some modifications), are less than or equal to 29.0 pounds times 
the number of units sharing the common stack. Base your calculations on 
the combined heat input capacity of all units sharing the stack (i.e., 
either the combined maximum rated value or, if applicable, a lower 
combined value restricted by permit conditions or operating hours).
    (5) For an affected unit with a multiple stack or duct configuration 
in which the exhaust stacks or ducts are downstream of all emission 
control devices, you must perform a separate emission test in each stack 
or duct. The unit qualifies for LEE status if:
    (i) The emission rate, based on all test runs performed at all of 
the stacks or ducts, is less than 50 percent (10 percent for Hg) of the 
applicable emission limit in Table 1 or 2 to this subpart; or
    (ii) For Hg from an existing EGU, the applicable Hg emission limit 
in Table 2 to this subpart is met and the potential

[[Page 168]]

annual mass emissions, calculated according to paragraph (h)(3)(iii) of 
this section, are less than or equal to 29.0 pounds. Use the average Hg 
emission rate from paragraph (h)(5)(i) of this section in your 
calculations.
    (i) Liquid-oil fuel moisture measurement. If your EGU combusts 
liquid fuels, if your fuel moisture content is no greater than 1.0 
percent by weight, and if you would like to demonstrate initial and 
ongoing compliance with HCl and HF emissions limits, you must meet the 
requirements of paragraphs (i)(1) through (5) of this section.
    (1) Measure fuel moisture content of each shipment of fuel if your 
fuel arrives on a batch basis; or
    (2) Measure fuel moisture content daily if your fuel arrives on a 
continuous basis; or
    (3) Obtain and maintain a fuel moisture certification from your fuel 
supplier.
    (4) Use one of the following methods to determine fuel moisture 
content:
    (i) ASTM D95-05 (Reapproved 2010), ``Standard Test Method for Water 
in Petroleum Products and Bituminous Materials by Distillation,'' or
    (ii) ASTM D4006-11, ``Standard Test Method for Water in Crude Oil by 
Distillation,'' including Annex A1 and Appendix A1.
    (iii) ASTM D4177-95 (Reapproved 2010), ``Standard Practice for 
Automatic Sampling of Petroleum and Petroleum Products,'' including 
Annexes A1 through A6 and Appendices X1 and X2, or
    (iv) ASTM D4057-06 (Reapproved 2011), ``Standard Practice for Manual 
Sampling of Petroleum and Petroleum Products,'' including Annex A1.
    (5) Use one of the following methods to obtain fuel moisture 
samples:
    (i) ASTM D4177-95 (Reapproved 2010), ``Standard Practice for 
Automatic Sampling of Petroleum and Petroleum Products,'' including 
Annexes A1 through A6 and Appendices X1 and X2, or
    (ii) ASTM D4057-06 (Reapproved 2011), ``Standard Practice for Manual 
Sampling of Petroleum and Petroleum Products,'' including Annex A1.
    (6) Should the moisture in your liquid fuel be more than 1.0 percent 
by weight, you must
    (i) Conduct HCl and HF emissions testing quarterly (and monitor 
site-specific operating parameters as provided inSec. 
63.10000(c)(2)(iii) or
    (ii) Use an HCl CEMS and/or HF CEMS.
    (j) Startup and shutdown for coal-fired or solid oil derived-fired 
units. You must follow the requirements given in Table 3 to this 
subpart.
    (k) You must submit a Notification of Compliance Status summarizing 
the results of your initial compliance demonstration, as provided in 
Sec.  63.10030.

[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23403, Apr. 19, 2012; 78 
FR 24084, Apr. 24, 2013]



Sec.  63.10006  When must I conduct subsequent performance tests
or tune-ups?

    (a) For liquid oil-fired, solid oil-derived fuel-fired and coal-
fired EGUs and IGCC units using PM CPMS to monitor continuous 
performance with an applicable emission limit as provided for under 
Sec.  63.10000(c), you must conduct all applicable performance tests 
according to Table 5 to this subpart andSec. 63.10007 at least every 
year.
    (b) For affected units meeting the LEE requirements ofSec. 
63.10005(h), you must repeat the performance test once every 3 years 
(once every year for Hg) according to Table 5 andSec. 63.10007. Should 
subsequent emissions testing results show the unit does not meet the LEE 
eligibility requirements, LEE status is lost. If this should occur:
    (1) For all pollutant emission limits except for Hg, you must 
conduct emissions testing quarterly, except as otherwise provided in 
Sec.  63.10021(d)(1).
    (2) For Hg, you must install, certify, maintain, and operate a Hg 
CEMS or a sorbent trap monitoring system in accordance with appendix A 
to this subpart, within 6 calendar months of losing LEE eligibility. 
Until the Hg CEMS or sorbent trap monitoring system is installed, 
certified, and operating, you must conduct Hg emissions testing 
quarterly, except as otherwise provided inSec. 63.10021(d)(1). You 
must have 3 calendar years of testing and CEMS or sorbent trap 
monitoring system data that satisfy the LEE emissions criteria to 
reestablish LEE status.

[[Page 169]]

    (c) Except where paragraphs (a) or (b) of this section apply, or 
where you install, certify, and operate a PM CEMS to demonstrate 
compliance with a filterable PM emissions limit, for liquid oil-, solid 
oil-derived fuel-, coal-fired and IGCC EGUs, you must conduct all 
applicable periodic emissions tests for filterable PM, individual, or 
total HAP metals emissions according to Table 5 to this subpart,Sec. 
63.10007, andSec. 63.10000(c), except as otherwise provided inSec. 
63.10021(d)(1).
    (d) Except where paragraph (b) of this section applies, for solid 
oil-derived fuel- and coal-fired EGUs that do not use either an HCl CEMS 
to monitor compliance with the HCl limit or an SO2 CEMS to 
monitor compliance with the alternate equivalent SO2 emission 
limit, you must conduct all applicable periodic HCl emissions tests 
according to Table 5 to this subpart andSec. 63.10007 at least 
quarterly, except as otherwise provided inSec. 63.10021(d)(1).
    (e) Except where paragraph (b) of this section applies, for liquid 
oil-fired EGUs without HCl CEMS, HF CEMS, or HCl and HF CEMS, you must 
conduct all applicable emissions tests for HCl, HF, or HCl and HF 
emissions according to Table 5 to this subpart andSec. 63.10007 at 
least quarterly, except as otherwise provided inSec. 63.10021(d)(1), 
and conduct site-specific monitoring under a plan as provided for in 
Sec.  63.10000(c)(2)(iii).
    (f) Unless you follow the requirements listed in paragraphs (g) and 
(h) of this section, performance tests required at least every 3 
calendar years must be completed within 35 to 37 calendar months after 
the previous performance test; performance tests required at least every 
year must be completed within 11 to 13 calendar months after the 
previous performance test; and performance tests required at least 
quarterly must be completed within 80 to 100 calendar days after the 
previous performance test, except as otherwise provided inSec. 
63.10021(d)(1).
    (g) If you elect to demonstrate compliance using emissions averaging 
underSec. 63.10009, you must continue to conduct performance stack 
tests at the appropriate frequency given in section (c) through (f) of 
this section.
    (h) If a performance test on a non-mercury LEE shows emissions in 
excess of 50 percent of the emission limit and if you choose to reapply 
for LEE status, you must conduct performance tests at the appropriate 
frequency given in section (c) through (e) of this section for that 
pollutant until all performance tests over a consecutive 3-year period 
show compliance with the LEE criteria.
    (i) If you are required to meet an applicable tune-up work practice 
standard, you must conduct a performance tune-up according toSec. 
63.10021(e).
    (1) For EGUs not employing neural network combustion optimization 
during normal operation, each performance tune-up specified inSec. 
63.10021(e) must be no more than 36 calendar months after the previous 
performance tune-up.
    (2) For EGUs employing neural network combustion optimization 
systems during normal operation, each performance tune-up specified in 
Sec.  63.10021(e) must be no more than 48 calendar months after the 
previous performance tune-up.
    (j) You must report the results of performance tests and performance 
tune-ups within 60 days after the completion of the performance tests 
and performance tune-ups. The reports for all subsequent performance 
tests must include all applicable information required inSec. 
63.10031.

[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23403, Apr. 19, 2012; 78 
FR 24085, Apr. 24, 2013]



Sec.  63.10007  What methods and other procedures must I use for the 
performance tests?

    (a) Except as otherwise provided in this section, you must conduct 
all required performance tests according toSec. 63.7(d), (e), (f), and 
(h). You must also develop a site-specific test plan according to the 
requirements inSec. 63.7(c).
    (1) If you use CEMS (Hg, HCl, SO2, or other) to determine 
compliance with a 30-boiler operating day rolling average emission 
limit, you must collect data for all nonexempt unit operating conditions 
(seeSec. 63.10011(g) and Table 3 to this subpart).
    (2) If you conduct performance testing with test methods in lieu of 
continuous monitoring, operate the unit at

[[Page 170]]

maximum normal operating load conditions during each periodic (e.g., 
quarterly) performance test. Maximum normal operating load will be 
generally between 90 and 110 percent of design capacity but should be 
representative of site specific normal operations during each test run.
    (3) For establishing operating limits with particulate matter 
continuous parametric monitoring system (PM CPMS) to demonstrate 
compliance with a PM or non Hg metals emissions limit, operate the unit 
at maximum normal operating load conditions during the performance test 
period. Maximum normal operating load will be generally between 90 and 
110 percent of design capacity but should be representative of site 
specific normal operations during each test run.
    (b) You must conduct each performance test (including traditional 3-
run stack tests, 30-boiler operating day tests based on CEMS data (or 
sorbent trap monitoring system data), and 30-boiler operating day Hg 
emission tests for LEE qualification) according to the requirements in 
Table 5 to this subpart.
    (c) If you choose the filterable PM method to comply with the PM 
emission limit and demonstrate continuous performance using a PM CPMS as 
provided for inSec. 63.10000(c), you must also establish an operating 
limit according toSec. 63.10011(b),Sec. 63.10023, and Tables 4 and 6 
to this subpart. Should you desire to have operating limits that 
correspond to loads other than maximum normal operating load, you must 
conduct testing at those other loads to determine the additional 
operating limits.
    (d) Except for a 30-boiler operating day performance test based on 
CEMS (or sorbent trap monitoring system) data, where the concept of test 
runs does not apply, you must conduct a minimum of three separate test 
runs for each performance test, as specified inSec. 63.7(e)(3). Each 
test run must comply with the minimum applicable sampling time or volume 
specified in Table 1 or 2 to this subpart. Sections 63.10005(d) and (h), 
respectively, provide special instructions for conducting performance 
tests based on CEMS or sorbent trap monitoring systems, and for 
conducting emission tests for LEE qualification.
    (e) To use the results of performance testing to determine 
compliance with the applicable emission limits in Table 1 or 2 to this 
subpart, proceed as follows:
    (1) Except for a 30-boiler operating day performance test based on 
CEMS (or sorbent trap monitoring system) data, if measurement results 
for any pollutant are reported as below the method detection level 
(e.g., laboratory analytical results for one or more sample components 
are below the method defined analytical detection level), you must use 
the method detection level as the measured emissions level for that 
pollutant in calculating compliance. The measured result for a multiple 
component analysis (e.g., analytical values for multiple Method 29 
fractions both for individual HAP metals and for total HAP metals) may 
include a combination of method detection level data and analytical data 
reported above the method detection level.
    (2) If the limits are expressed in lb/MMBtu or lb/TBtu, you must use 
the F-factor methodology and equations in sections 12.2 and 12.3 of EPA 
Method 19 in appendix A-7 to part 60 of this chapter. In cases where an 
appropriate F-factor is not listed in Table 19-2 of Method 19, you may 
use F-factors from Table 1 in section 3.3.5 of appendix F to part 75 of 
this chapter, or F-factors derived using the procedures in section 3.3.6 
of appendix to part 75 of this chapter. Use the following factors to 
convert the pollutant concentrations measured during the initial 
performance tests to units of lb/scf, for use in the applicable Method 
19 equations:
    (i) Multiply SO2 ppm by 1.66 x 10-7;
    (ii) Multiply HCl ppm by 9.43 x 10-8;
    (iii) Multiply HF ppm by 5.18 x 10-8;
    (iv) Multiply HAP metals concentrations (mg/dscm) by 6.24 x 
10-8; and
    (v) Multiply Hg concentrations ([micro]g/scm) by 6.24 x 
10-11.
    (3) To determine compliance with emission limits expressed in lb/MWh 
or lb/GWh, you must first calculate the pollutant mass emission rate 
during the performance test, in units of lb/h. For Hg, if a CEMS or 
sorbent trap monitoring system is used, use Equation A-

[[Page 171]]

2 or A-3 in appendix A to this subpart (as applicable). In all other 
cases, use an equation that has the general form of Equation A-2 or A-3, 
replacing the value of K with 1.66 x 10-7 lb/scf-ppm for 
SO2, 9.43 x 10-8 lb/scf-ppm for HCl (if an HCl 
CEMS is used), 5.18 x 10-8 lb/scf-ppm for HF (if an HF CEMS 
is used), or 6.24 x 10-8 lb-scm/mg-scf for HAP metals and for 
HCl and HF (when performance stack testing is used), and defining 
Ch as the average SO2, HCl, or HF concentration in 
ppm, or the average HAP metals concentration in mg/dscm. This 
calculation requires stack gas volumetric flow rate (scfh) and (in some 
cases) moisture content data (see Sec.Sec. 63.10005(h)(3) and 
63.10010). Then, if the applicable emission limit is in units of lb/GWh, 
use Equation A-4 in appendix A to this subpart to calculate the 
pollutant emission rate in lb/GWh. In this calculation, define 
(M)h as the calculated pollutant mass emission rate for the 
performance test (lb/h), and define (MW)h as the average 
electrical load during the performance test (megawatts). If the 
applicable emission limit is in lb/MWh rather than lb/GWh, omit the 
10\3\ term from Equation A-4 to determine the pollutant emission rate in 
lb/MWh.
    (f) Upon request, you shall make available to the EPA Administrator 
such records as may be necessary to determine whether the performance 
tests have been done according to the requirements of this section.

[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23403, Apr. 19, 2012; 78 
FR 24085, Apr. 24, 2013]



Sec.  63.10008  [Reserved]



Sec.  63.10009  May I use emissions averaging to comply with this
subpart?

    (a) General eligibility. (1) You may use emissions averaging as 
described in paragraph (a)(2) of this section as an alternative to 
meeting the requirements ofSec. 63.9991 for filterable PM, 
SO2, HF, HCl, non-Hg HAP metals, or Hg on an EGU-specific 
basis if:
    (i) You have more than one existing EGU in the same subcategory 
located at one or more contiguous properties, belonging to a single 
major industrial grouping, which are under common control of the same 
person (or persons under common control); and
    (ii) You use CEMS (or sorbent trap monitoring systems for 
determining Hg emissions) or quarterly emissions testing for 
demonstrating compliance.
    (2) You may demonstrate compliance by emissions averaging among the 
existing EGUs in the same subcategory, if your averaged Hg emissions for 
EGUs in the ``unit designed for coal = 8,300 Btu/lb'' 
subcategory are equal to or less than 1.0 lb/TBtu or 1.1E-2 lb/GWh or if 
your averaged emissions of individual, other pollutants from other 
subcategories of such EGUs are equal to or less than the applicable 
emissions limit in Table 2, according to the procedures in this section. 
Note that except for Hg emissions from EGUs in the ``unit designed for 
coal = 8,300 Btu/lb'' subcategory, the averaging time for 
emissions averaging for pollutants is 30 days (rolling daily) using data 
from CEMS or a combination of data from CEMS and manual performance 
testing. The averaging time for emissions averaging for Hg from EGUs in 
the ``unit designed for coal = 8,300 Btu/lb'' subcategory is 
90 days (rolling daily) using data from CEMS, sorbent trap monitoring, 
or a combination of monitoring data and data from manual performance 
testing. For the purposes of this paragraph, 30- (or 90-day) group 
boiler operating days is defined as a period during which at least one 
unit in the emissions averaging group has operated 30 (or 90) days. You 
must calculate the weighted average emissions rate for the group in 
accordance with the procedures in this paragraph using the data from all 
units in the group including any that operate fewer than 30 (or 90) days 
during the preceding 30 (or 90) group boiler days.
    (i) You may choose to have your EGU emissions averaging group meet 
either the heat input basis (MMBtu or TBtu, as appropriate for the 
pollutant) or gross electrical output basis (MWh or GWh, as appropriate 
for the pollutant).
    (ii) You may not mix bases within your EGU emissions averaging 
group.
    (iii) You may use emissions averaging for affected units in 
different subcategories if the units vent to the atmosphere through a 
common stack (see paragraph (m) of this section).

[[Page 172]]

    (b) Equations. Use the following equations when performing 
calculations for your EGU emissions averaging group:
    (1) Group eligibility equations.
    [GRAPHIC] [TIFF OMITTED] TR16FE12.003
    

Where:
WAERm = Weighted average emissions rate maximum in terms of lb/heat 
          input or lb/gross electrical output,
Hermi = Hourly emissions rate (e.g., lb/MMBtu, lb/MWh) from 
          CEMS or sorbent trap monitoring for hour i,
Rmmi = Maximum rated heat input or gross electrical output of 
          unit i in terms of heat input or gross electrical output,
p = number of EGUs in emissions averaging group that rely on CEMS,
n = number of hourly rates collected over 30-group boiler operating 
          days,
Teri = Emissions rate from most recent test of unit i in 
          terms of lb/heat input or lb/gross electrical output,
Rmti = Maximum rated heat input or gross electrical output of 
          unit i in terms of lb/heat input or lb/gross electrical 
          output, and
m = number of EGUs in emissions averaging group that rely on emissions 
          testing.
          [GRAPHIC] [TIFF OMITTED] TR16FE12.004
          
Where:

variables with similar names share the descriptions for Equation 1a,
Smmi = maximum steam generation in units of pounds from unit 
          i that uses CEMS or sorbent trap monitoring,
Cfmi = conversion factor, calculated from the most recent 
          emissions test results, in units of heat input per pound of 
          steam generated or gross electrical output per pound of steam 
          generated, from unit i that uses CEMS or sorbent trap 
          monitoring,
Smti = maximum steam generation in units of pounds from unit 
          i that uses emissions testing, and
Cfti = conversion factor, calculated from the most recent 
          emissions test results, in units of heat input per pound of 
          steam generated or gross electrical output per pound of steam 
          generated, from unit i that uses emissions testing.

    (2) Weighted 30-boiler operating day rolling average emissions rate 
equations for pollutants other than Hg. Use equation 2a or 2b to 
calculate the 30 day rolling average emissions daily.
[GRAPHIC] [TIFF OMITTED] TR24AP13.006


Where:

Heri = hourly emission rate (e.g., lb/MMBtu, lb/MWh) from 
          unit i's CEMS for the preceding 30-group boiler operating 
          days,
Rmi = hourly heat input or gross electrical output from unit 
          i for the preceding 30-group boiler operating days,
p = number of EGUs in emissions averaging group that rely on CEMS or 
          sorbent trap monitoring,
n = number of hourly rates collected over 30-group boiler operating 
          days,
Teri = Emissions rate from most recent emissions test of unit 
          i in terms of lb/heat input or lb/gross electrical output,

[[Page 173]]

Rti = Total heat input or gross electrical output of unit i 
          for the preceding 30-boiler operating days, and
m = number of EGUs in emissions averaging group that rely on emissions 
          testing.

          [GRAPHIC] [TIFF OMITTED] TR24AP13.007
          

Where:

variables with similar names share the descriptions for Equation 2a,
Smi = steam generation in units of pounds from unit i that 
          uses CEMS for the preceding 30-group boiler operating days,
Cfmi = conversion factor, calculated from the most recent 
          compliance test results, in units of heat input per pound of 
          steam generated or gross electrical output per pound of steam 
          generated, from unit i that uses CEMS from the preceding 30 
          group boiler operating days,
Sti = steam generation in units of pounds from unit i that 
          uses emissions testing, and
Cfti = conversion factor, calculated from the most recent 
          compliance test results, in units of heat input per pound of 
          steam generated or gross electrical output per pound of steam 
          generated, from unit i that uses emissions testing.

    (3) Weighted 90-boiler operating day rolling average emissions rate 
equations for Hg emissions from EGUs in the ``coal-fired unit not low 
rank virgin coal'' subcategory. Use equation 3a or 3b to calculate the 
90-day rolling average emissions daily.
[GRAPHIC] [TIFF OMITTED] TR24AP13.008


Where:

Heri = hourly emission rate from unit i's CEMS or Hg sorbent 
          trap monitoring system for the preceding 90-group boiler 
          operating days,
Rmi = hourly heat input or gross electrical output from unit 
          i for the preceding 90-group boiler operating days,
p = number of EGUs in emissions averaging group that rely on CEMS,
n = number of hourly rates collected over the 90-group boiler operating 
          days,
Teri = Emissions rate from most recent emissions test of unit 
          i in terms of lb/heat input or lb/gross electrical output,
Rti = Total heat input or gross electrical output of unit i 
          for the preceding 90-boiler operating days, and
m = number of EGUs in emissions averaging group that rely on emissions 
          testing.

          [GRAPHIC] [TIFF OMITTED] TR24AP13.009
          

Where:

variables with similar names share the descriptions for Equation 2a,
Smi = steam generation in units of pounds from unit i that 
          uses CEMS or a Hg sorbent trap monitoring for the preceding 
          90-group boiler operating days,
Cfmi = conversion factor, calculated from the most recent 
          compliance test results, in units of heat input per pound of 
          steam generated or gross electrical output per pound of steam 
          generated, from unit i that uses CEMS or sorbent trap 
          monitoring from the preceding 90-group boiler operating days,
Sti = steam generation in units of pounds from unit i that 
          uses emissions testing, and

[[Page 174]]

Cfti = conversion factor, calculated from the most recent 
          emissions test results, in units of heat input per pound of 
          steam generated or gross electrical output per pound of steam 
          generated, from unit i that uses emissions testing.

    (c) Separate stack requirements. For a group of two or more existing 
EGUs in the same subcategory that each vent to a separate stack, you may 
average filterable PM, SO2, HF, HCl, non-Hg HAP metals, or Hg 
emissions to demonstrate compliance with the limits in Table 2 to this 
subpart if you satisfy the requirements in paragraphs (d) through (j) of 
this section.
    (d) For each existing EGU in the averaging group:
    (1) The emissions rate achieved during the initial performance test 
for the HAP being averaged must not exceed the emissions level that was 
being achieved 180 days after April 16, 2015, or the date on which 
emissions testing done to support your emissions averaging plan is 
complete (if the Administrator does not require submission and approval 
of your emissions averaging plan), or the date that you begin emissions 
averaging, whichever is earlier; or
    (2) The control technology employed during the initial performance 
test must not be less than the design efficiency of the emissions 
control technology employed 180 days after April 16, 2015 or the date 
that you begin emissions averaging, whichever is earlier.
    (e) The weighted-average emissions rate from the existing EGUs 
participating in the emissions averaging option must be in compliance 
with the limits in Table 2 to this subpart at all times following the 
compliance date specified 180 days after April 16, 2015, or the date on 
which you complete the emissions measurements used to support your 
emissions averaging plan (if the Administrator does not require 
submission and approval of your emissions averaging plan), or the date 
that you begin emissions averaging, whichever is earlier.
    (f) Emissions averaging group eligibility demonstration. You must 
demonstrate the ability for the EGUs included in the emissions averaging 
group to demonstrate initial compliance according to paragraph (f)(1) or 
(2) of this section using the maximum normal operating load of each EGU 
and the results of the initial performance tests. For this demonstration 
and prior to submitting your emissions averaging plan, if requested, you 
must conduct required emissions monitoring for 30 days of boiler 
operation and any required manual performance testing to calculate an 
initial weighted average emissions rate in accordance with this section. 
Should the Administrator require approval, you must submit your proposed 
emissions averaging plan and supporting data at least 120 days before 
April 16, 2015. If the Administrator requires approval of your plan, you 
may not begin using emissions averaging until the Administrator approves 
your plan.
    (1) You must use Equation 1a in paragraph (b) of this section to 
demonstrate that the maximum weighted average emissions rates of 
filterable PM, HF, SO2, HCl, non-Hg HAP metals, or Hg 
emissions from the existing units participating in the emissions 
averaging option do not exceed the emissions limits in Table 2 to this 
subpart.
    (2) If you are not capable of monitoring heat input or gross 
electrical output, and the EGU generates steam for purposes other than 
generating electricity, you may use Equation 1b of this section as an 
alternative to using Equation 1a of this section to demonstrate that the 
maximum weighted average emissions rates of filterable PM, HF, 
SO2, HCl, non-Hg HAP metals, or Hg emissions from the 
existing units participating in the emissions averaging group do not 
exceed the emission limits in Table 2 to this subpart.
    (g) You must determine the weighted average emissions rate in units 
of the applicable emissions limit on a 30 day rolling average (90 day 
rolling average for Hg) basis according to paragraphs (g)(1) through (2) 
of this section. The first averaging period begins on 30 (or 90 for Hg) 
days after February 16, 2015 or the date that you begin emissions 
averaging, whichever is earlier.
    (1) You must use Equation 2a or 3a of paragraph (b) of this section 
to calculate the weighted average emissions rate using the actual heat 
input or

[[Page 175]]

gross electrical output for each existing unit participating in the 
emissions averaging option.
    (2) If you are not capable of monitoring heat input or gross 
electrical output, you may use Equation 2b or 3b of paragraph (b) of 
this section as an alternative to using Equation 2a of paragraph (b) of 
this section to calculate the average weighted emission rate using the 
actual steam generation from the units participating in the emissions 
averaging option.
    (h) CEMS (or sorbent trap monitoring) use. If an EGU in your 
emissions averaging group uses CEMS (or a sorbent trap monitor for Hg 
emissions) to demonstrate compliance, you must use those data to 
determine the 30 (or 90) group boiler operating day rolling average 
emissions rate.
    (i) Emissions testing. If you use manual emissions testing to 
demonstrate compliance for one or more EGUs in your emissions averaging 
group, you must use the results from the most recent performance test to 
determine the 30 (or 90) day rolling average. You may use CEMS or 
sorbent trap data in combination with data from the most recent manual 
performance test in calculating the 30 (or 90) group boiler operating 
day rolling average emissions rate.
    (j) Emissions averaging plan. You must develop an implementation 
plan for emissions averaging according to the following procedures and 
requirements in paragraphs (j)(1) and (2) of this section.
    (1) You must include the information contained in paragraphs 
(j)(1)(i) through (v) of this section in your implementation plan for 
all the emissions units included in an emissions averaging:
    (i) The identification of all existing EGUs in the emissions 
averaging group, including for each either the applicable HAP emission 
level or the control technology installed as of 180 days after February 
16, 2015, or the date on which you complete the emissions measurements 
used to support your emissions averaging plan (if the Administrator does 
not require submission and approval of your emissions averaging plan), 
or the date that you begin emissions averaging, whichever is earlier; 
and the date on which you are requesting emissions averaging to 
commence;
    (ii) The process weighting parameter (heat input, gross electrical 
output, or steam generated) that will be monitored for each averaging 
group;
    (iii) The specific control technology or pollution prevention 
measure to be used for each emission EGU in the averaging group and the 
date of its installation or application. If the pollution prevention 
measure reduces or eliminates emissions from multiple EGUs, you must 
identify each EGU;
    (iv) The means of measurement (e.g., CEMS, sorbent trap monitoring, 
manual performance test) of filterable PM, SO2, HF, HCl, 
individual or total non-Hg HAP metals, or Hg emissions in accordance 
with the requirements inSec. 63.10007 and to be used in the emissions 
averaging calculations; and
    (v) A demonstration that emissions averaging can produce compliance 
with each of the applicable emission limit(s) in accordance with 
paragraph (b)(1) of this section.
    (2) If the Administrator requests you to submit the plan for review 
and approval, you must submit a complete implementation plan at least 
120 days before April 16, 2015. If the Administrator requests you to 
submit the plan for review and approval, you must receive approval 
before initiating emissions averaging.
    (i) The Administrator shall use following criteria in reviewing and 
approving or disapproving the plan:
    (A) Whether the content of the plan includes all of the information 
specified in paragraph (j)(1) of this section; and
    (B) Whether the plan presents information sufficient to determine 
that compliance will be achieved and maintained.
    (ii) The Administrator shall not approve an emissions averaging 
implementation plan containing any of the following provisions:
    (A) Any averaging between emissions of different pollutants or 
between units located at different facilities; or
    (B) The inclusion of any emissions unit other than an existing unit 
in the same subcategory.

[[Page 176]]

    (k) Common stack requirements. For a group of two or more existing 
affected units, each of which vents through a single common stack, you 
may average emissions to demonstrate compliance with the limits in Table 
2 to this subpart if you satisfy the requirements in paragraph (l) or 
(m) of this section.
    (l) For a group of two or more existing units in the same 
subcategory and which vent through a common emissions control system to 
a common stack that does not receive emissions from units in other 
subcategories or categories, you may treat such averaging group as a 
single existing unit for purposes of this subpart and comply with the 
requirements of this subpart as if the group were a single unit.
    (m) For all other groups of units subject to paragraph (k) of this 
section, you may elect to conduct manual performance tests according to 
procedures specified inSec. 63.10007 in the common stack. If emissions 
from affected units included in the emissions averaging and from other 
units not included in the emissions averaging (e.g., in a different 
subcategory) or other nonaffected units all vent to the common stack, 
you must shut down the units not included in the emissions averaging and 
the nonaffected units or vent their emissions to a different stack 
during the performance test. Alternatively, you may conduct a 
performance test of the combined emissions in the common stack with all 
units operating and show that the combined emissions meet the most 
stringent emissions limit. You may also use a CEMS or sorbent trap 
monitoring to apply this latter alternative to demonstrate that the 
combined emissions comply with the most stringent emissions limit on a 
continuous basis.
    (n) Combination requirements. The common stack of a group of two or 
more existing EGUs in the same subcategory subject to paragraph (k) of 
this section may be treated as a single stack for purposes of paragraph 
(c) of this section and included in an emissions averaging group subject 
to paragraph (c) of this section.

[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23403, Apr. 19, 2012; 78 
FR 24085, Apr. 24, 2013]



Sec.  63.10010  What are my monitoring, installation, operation, 
and maintenance requirements?

    (a) Flue gases from the affected units under this subpart exhaust to 
the atmosphere through a variety of different configurations, including 
but not limited to individual stacks, a common stack configuration or a 
main stack plus a bypass stack. For the CEMS, PM CPMS, and sorbent trap 
monitoring systems used to provide data under this subpart, the 
continuous monitoring system installation requirements for these exhaust 
configurations are as follows:
    (1) Single unit-single stack configurations. For an affected unit 
that exhausts to the atmosphere through a single, dedicated stack, you 
shall either install the required CEMS, PM CPMS, and sorbent trap 
monitoring systems in the stack or at a location in the ductwork 
downstream of all emissions control devices, where the pollutant and 
diluents concentrations are representative of the emissions that exit to 
the atmosphere.
    (2) Unit utilizing common stack with other affected unit(s). When an 
affected unit utilizes a common stack with one or more other affected 
units, but no non-affected units, you shall either:
    (i) Install the required CEMS, PM CPMS, and sorbent trap monitoring 
systems in the duct leading to the common stack from each unit; or
    (ii) Install the required CEMS, PM CPMS, and sorbent trap monitoring 
systems in the common stack.
    (3) Unit(s) utilizing common stack with non-affected unit(s). (i) 
When one or more affected units shares a common stack with one or more 
non-affected units, you shall either:
    (A) Install the required CEMS, PM CPMS, and sorbent trap monitoring 
systems in the ducts leading to the common stack from each affected 
unit; or
    (B) Install the required CEMS, PM CPMS, and sorbent trap monitoring 
systems described in this section in the common stack and attribute all 
of the emissions measured at the common stack to the affected unit(s).
    (ii) If you choose the common stack monitoring option:

[[Page 177]]

    (A) For each hour in which valid data are obtained for all 
parameters, you must calculate the pollutant emission rate and
    (B) You must assign the calculated pollutant emission rate to each 
unit that shares the common stack.
    (4) Unit with a main stack and a bypass stack. If the exhaust 
configuration of an affected unit consists of a main stack and a bypass 
stack, you shall install CEMS on both the main stack and the bypass 
stack, or, if it is not feasible to certify and quality-assure the data 
from a monitoring system on the bypass stack, you shall install a CEMS 
only on the main stack and count bypass hours of deviation from the 
monitoring requirements.
    (5) Unit with a common control device with multiple stack or duct 
configuration. If the flue gases from an affected unit, which is 
configured such that emissions are controlled with a common control 
device or series of control devices, are discharged to the atmosphere 
through more than one stack or are fed into a single stack through two 
or more ducts, you may:
    (i) Install required CEMS, PM CPMS, and sorbent trap monitoring 
systems in each of the multiple stacks;
    (ii) Install required CEMS, PM CPMS, and sorbent trap monitoring 
systems in each of the ducts that feed into the stack;
    (iii) Install required CEMS, PM CPMS, and sorbent trap monitoring 
systems in one of the multiple stacks or ducts and monitor the flows and 
dilution rates in all multiple stacks or ducts in order to determine 
total exhaust gas flow rate and pollutant mass emissions rate in 
accordance with the applicable limit; or
    (iv) In the case of multiple ducts feeding into a single stack, 
install CEMS, PM CPMS, and sorbent trap monitoring systems in the single 
stack as described in paragraph (a)(1) of this section.
    (6) Unit with multiple parallel control devices with multiple 
stacks. If the flue gases from an affected unit, which is configured 
such that emissions are controlled with multiple parallel control 
devices or multiple series of control devices are discharged to the 
atmosphere through more than one stack, you shall install the required 
CEMS, PM CPMS, and sorbent trap monitoring systems described in each of 
the multiple stacks. You shall calculate hourly flow-weighted average 
pollutant emission rates for the unit as follows:
    (i) Calculate the pollutant emission rate at each stack or duct for 
each hour in which valid data are obtained for all parameters;
    (ii) Multiply each calculated hourly pollutant emission rate at each 
stack or duct by the corresponding hourly stack gas flow rate at that 
stack or duct;
    (iii) Sum the products determined under paragraph (a)(6)(ii) of this 
section; and
    (iv) Divide the result obtained in paragraph (a)(6)(iii) of this 
section by the total hourly stack gas flow rate for the unit, summed 
across all of the stacks or ducts.
    (b) If you use an oxygen (O2) or carbon dioxide 
(CO2) CEMS to convert measured pollutant concentrations to 
the units of the applicable emissions limit, the O2 or 
CO2 concentrations shall be monitored at a location that 
represents emissions to the atmosphere, i.e., at the outlet of the EGU, 
downstream of all emission control devices. You must install, certify, 
maintain, and operate the CEMS according to part 75 of this chapter. Use 
only quality-assured O2 or CO2 data in the 
emissions calculations; do not use part 75 substitute data values.
    (c) If you are required to use a stack gas flow rate monitor, either 
for routine operation of a sorbent trap monitoring system or to convert 
pollutant concentrations to units of an electrical output-based emission 
standard in Table 1 or 2 to this subpart, you must install, certify, 
operate, and maintain the monitoring system and conduct on-going 
quality-assurance testing of the system according to part 75 of this 
chapter. Use only unadjusted, quality-assured flow rate data in the 
emissions calculations. Do not apply bias adjustment factors to the flow 
rate data and do not use substitute flow rate data in the calculations.
    (d) If you are required to make corrections for stack gas moisture 
content

[[Page 178]]

when converting pollutant concentrations to the units of an emission 
standard in Table 1 of 2 to this subpart, you must install, certify, 
operate, and maintain a moisture monitoring system in accordance with 
part 75 of this chapter. Alternatively, for coal-fired units, you may 
use appropriate fuel-specific default moisture values fromSec. 
75.11(b) of this chapter to estimate the moisture content of the stack 
gas or you may petition the Administrator underSec. 75.66 of this 
chapter for use of a default moisture value for non-coal-fired units. If 
you install and operate a moisture monitoring system, do not use 
substitute moisture data in the emissions calculations.
    (e) If you use an HCl and/or HF CEMS, you must install, certify, 
operate, maintain, and quality-assure the data from the monitoring 
system in accordance with appendix B to this subpart. Calculate and 
record a 30-boiler operating day rolling average HCl or HF emission rate 
in the units of the standard, updated after each new boiler operating 
day. Each 30-boiler operating day rolling average emission rate is the 
average of all the valid hourly HCl or HF emission rates in the 
preceding 30 boiler operating days (see section 9.4 of appendix B to 
this subpart).
    (f)(1) If you use an SO2 CEMS, you must install the 
monitor at the outlet of the EGU, downstream of all emission control 
devices, and you must certify, operate, and maintain the CEMS according 
to part 75 of this chapter.
    (2) For on-going QA, the SO2 CEMS must meet the 
applicable daily, quarterly, and semiannual or annual requirements in 
sections 2.1 through 2.3 of appendix B to part 75 of this chapter, with 
the following addition: You must perform the linearity checks required 
in section 2.2 of appendix B to part 75 of this chapter if the 
SO2 CEMS has a span value of 30 ppm or less.
    (3) Calculate and record a 30-boiler operating day rolling average 
SO2 emission rate in the units of the standard, updated after 
each new boiler operating day. Each 30-boiler operating day rolling 
average emission rate is the average of all of the valid SO2 
emission rates in the preceding 30 boiler operating days.
    (4) Use only unadjusted, quality-assured SO2 
concentration values in the emissions calculations; do not apply bias 
adjustment factors to the part 75 SO2 data and do not use 
part 75 substitute data values.
    (g) If you use a Hg CEMS or a sorbent trap monitoring system, you 
must install, certify, operate, maintain and quality-assure the data 
from the monitoring system in accordance with appendix A to this 
subpart. You must calculate and record a 30- (or, if alternate emissions 
averaging is used, 90-) boiler operating day rolling average Hg emission 
rate, in units of the standard, updated after each new boiler operating 
day. Each 30- (or, if alternate emissions averaging is used, 90-) boiler 
operating day rolling average emission rate, calculated according to 
section 6.2 of appendix A to the subpart, is the average of all of the 
valid hourly Hg emission rates in the preceding 30- (or, if alternate 
emissions averaging is used, a 90-) boiler operating days. Section 
7.1.4.3 of appendix A to this subpart explains how to reduce sorbent 
trap monitoring system data to an hourly basis.
    (h) If you use a PM CPMS to demonstrate continuous compliance with 
an operating limit, you must install, calibrate, maintain, and operate 
the PM CPMS and record the output of the system as specified in 
paragraphs (h)(1) through (5) of this section.
    (1) Install, calibrate, operate, and maintain your PM CPMS according 
to the procedures in your approved site-specific monitoring plan 
developed in accordance withSec. 63.10000(d), and meet the 
requirements in paragraphs (h)(1)(i) through (iii) of this section.
    (i) The operating principle of the PM CPMS must be based on in-stack 
or extractive light scatter, light scintillation, beta attenuation, or 
mass accumulation detection of the exhaust gas or representative sample. 
The reportable measurement output from the PM CPMS may be expressed as 
milliamps, stack concentration, or other raw data signal.
    (ii) The PM CPMS must have a cycle time (i.e., period required to 
complete sampling, measurement, and reporting for each measurement) no 
longer than 60 minutes.

[[Page 179]]

    (iii) The PM CPMS must be capable, at a minimum, of detecting and 
responding to particulate matter concentrations of 0.5 mg/acm.
    (2) For a new unit, complete the initial PM CPMS performance 
evaluation no later than October 13, 2012 or 180 days after the date of 
initial startup, whichever is later. For an existing unit, complete the 
initial performance evaluation no later than October 13, 2015.
    (3) Collect PM CPMS hourly average output data for all boiler 
operating hours except as indicated in paragraph (h)(5) of this section. 
Express the PM CPMS output as milliamps, PM concentration, or other raw 
data signal value.
    (4) Calculate the arithmetic 30-boiler operating day rolling average 
of all of the hourly average PM CPMS output collected during all 
nonexempt boiler operating hours data (e.g., milliamps, PM 
concentration, raw data signal).
    (5) You must collect data using the PM CPMS at all times the process 
unit is operating and at the intervals specified in paragraph (h)(1)(ii) 
of this section, except for periods of monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, required 
monitoring system quality assurance or quality control activities 
(including, as applicable, calibration checks and required zero and span 
adjustments), and any scheduled maintenance as defined in your site-
specific monitoring plan.
    (6) You must use all the data collected during all boiler operating 
hours in assessing the compliance with your operating limit except:
    (i) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or quality control activities 
conducted during monitoring system malfunctions are not used in 
calculations (report any such periods in your annual deviation report);
    (ii) Any data collected during periods when the monitoring system is 
out of control as specified in your site-specific monitoring plan, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or quality 
control activities conducted during out-of-control periods are not used 
in calculations (report emissions or operating levels and report any 
such periods in your annual deviation report);
    (iii) Any data recorded during periods of startup or shutdown.
    (7) You must record and make available upon request results of PM 
CPMS system performance audits, as well as the dates and duration of 
periods from when the PM CPMS is out of control until completion of the 
corrective actions necessary to return the PM CPMS to operation 
consistent with your site-specific monitoring plan.
    (i) If you choose to comply with the PM filterable emissions limit 
in lieu of metal HAP limits, you may choose to install, certify, 
operate, and maintain a PM CEMS and record the output of the PM CEMS as 
specified in paragraphs (i)(1) through (5) of this section. The 
compliance limit will be expressed as a 30-boiler operating day rolling 
average of the numerical emissions limit value applicable for your unit 
in tables 1 or 2 to this subpart.
    (1) Install and certify your PM CEMS according to the procedures and 
requirements in Performance Specification 11--Specifications and Test 
Procedures for Particulate Matter Continuous Emission Monitoring Systems 
at Stationary Sources in Appendix B to part 60 of this chapter, using 
Method 5 at Appendix A-3 to part 60 of this chapter and ensuring that 
the front half filter temperature shall be 160[deg]  14 [deg]C (320[deg]  25 [deg]F). 
The reportable measurement output from the PM CEMS must be expressed in 
units of the applicable emissions limit (e.g., lb/MMBtu, lb/MWh).
    (2) Operate and maintain your PM CEMS according to the procedures 
and requirements in Procedure 2--Quality Assurance Requirements for 
Particulate Matter Continuous Emission Monitoring Systems at Stationary 
Sources in Appendix F to part 60 of this chapter.
    (i) You must conduct the relative response audit (RRA) for your PM 
CEMS at least once annually.

[[Page 180]]

    (ii) You must conduct the relative correlation audit (RCA) for your 
PM CEMS at least once every 3 years.
    (3) Collect PM CEMS hourly average output data for all boiler 
operating hours except as indicated in paragraph (i) of this section.
    (4) Calculate the arithmetic 30-boiler operating day rolling average 
of all of the hourly average PM CEMS output data collected during all 
nonexempt boiler operating hours.
    (5) You must collect data using the PM CEMS at all times the process 
unit is operating and at the intervals specified in paragraph (a) of 
this section, except for periods of monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, and required 
monitoring system quality assurance or quality control activities.
    (i) You must use all the data collected during all boiler operating 
hours in assessing the compliance with your operating limit except:
    (A) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or control activities conducted 
during monitoring system malfunctions in calculations and report any 
such periods in your annual deviation report;
    (B) Any data collected during periods when the monitoring system is 
out of control as specified in your site-specific monitoring plan, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or control 
activities conducted during out of control periods in calculations used 
to report emissions or operating levels and report any such periods in 
your annual deviation report;
    (C) Any data recorded during periods of startup or shutdown.
    (ii) You must record and make available upon request results of PM 
CEMS system performance audits, dates and duration of periods when the 
PM CEMS is out of control to completion of the corrective actions 
necessary to return the PM CEMS to operation consistent with your site-
specific monitoring plan.
    (j) You may choose to comply with the metal HAP emissions limits 
using CEMS approved in accordance withSec. 63.7(f) as an alternative 
to the performance test method specified in this rule. If approved to 
use a HAP metals CEMS, the compliance limit will be expressed as a 30-
boiler operating day rolling average of the numerical emissions limit 
value applicable for your unit in tables 1 or 2. If approved, you may 
choose to install, certify, operate, and maintain a HAP metals CEMS and 
record the output of the HAP metals CEMS as specified in paragraphs 
(j)(1) through (5) of this section.
    (1)(i) Install and certify your HAP metals CEMS according to the 
procedures and requirements in your approved site-specific test plan as 
required inSec. 63.7(e). The reportable measurement output from the 
HAP metals CEMS must be expressed in units of the applicable emissions 
limit (e.g., lb/MMBtu, lb/MWh) and in the form of a 30-boiler operating 
day rolling average.
    (ii) Operate and maintain your HAP metals CEMS according to the 
procedures and criteria in your site specific performance evaluation and 
quality control program plan required inSec. 63.8(d).
    (2) Collect HAP metals CEMS hourly average output data for all 
boiler operating hours except as indicated in section (j)(4) of this 
section.
    (3) Calculate the arithmetic 30-boiler operating day rolling average 
of all of the hourly average HAP metals CEMS output data collected 
during all nonexempt boiler operating hours data.
    (4) You must collect data using the HAP metals CEMS at all times the 
process unit is operating and at the intervals specified in paragraph 
(a) of this section, except for periods of monitoring system 
malfunctions, repairs associated with monitoring system malfunctions, 
and required monitoring system quality assurance or quality control 
activities.
    (i) You must use all the data collected during all boiler operating 
hours in assessing the compliance with your emission limit except:
    (A) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or control activities conducted 
during monitoring

[[Page 181]]

system malfunctions in calculations and report any such periods in your 
annual deviation report;
    (B) Any data collected during periods when the monitoring system is 
out of control as specified in your site-specific monitoring plan, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or control 
activities conducted during out of control periods in calculations used 
to report emissions or operating levels and report any such periods in 
your annual deviation report;
    (C) Any data recorded during periods of startup or shutdown.
    (ii) You must record and make available upon request results of HAP 
metals CEMS system performance audits, dates and duration of periods 
when the HAP metals CEMS is out of control to completion of the 
corrective actions necessary to return the HAP metals CEMS to operation 
consistent with your site-specific performance evaluation and quality 
control program plan.
    (k) If you demonstrate compliance with the HCl and HF emission 
limits for a liquid oil-fired EGU by conducting quarterly testing, you 
must also develop a site-specific monitoring plan as provided for in 
Sec.  63.10000(c)(2)(iii) and Table 7 to this subpart.

[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23404, Apr. 19, 2012; 78 
FR 24086, Apr. 24, 2013]



Sec.  63.10011  How do I demonstrate initial compliance with the 
emissions limits and work practice standards?

    (a) You must demonstrate initial compliance with each emissions 
limit that applies to you by conducting performance testing.
    (b) If you are subject to an operating limit in Table 4 to this 
subpart, you demonstrate initial compliance with HAP metals or 
filterable PM emission limit(s) through performance stack tests and you 
elect to use a PM CPMS to demonstrate continuous performance, or if, for 
a liquid oil-fired unit, and you use quarterly stack testing for HCl and 
HF plus site-specific parameter monitoring to demonstrate continuous 
performance, you must also establish a site-specific operating limit, in 
accordance with Table 4 to this subpart,Sec. 63.10007, and Table 6 to 
this subpart. You may use only the parametric data recorded during 
successful performance tests (i.e., tests that demonstrate compliance 
with the applicable emissions limits) to establish an operating limit.
    (c)(1) If you use CEMS or sorbent trap monitoring systems to measure 
a HAP (e.g., Hg or HCl) directly, the first 30-boiler operating day (or, 
if alternate emissions averaging is used for Hg, the 90-boiler operating 
day) rolling average emission rate obtained with certified CEMS after 
the applicable date inSec. 63.9984 (or, if applicable, prior to that 
date, as described inSec. 63.10005(b)(2)), expressed in units of the 
standard, is the initial performance test. Initial compliance is 
demonstrated if the results of the performance test meet the applicable 
emission limit in Table 1 or 2 to this subpart.
    (2) For a unit that uses a CEMS to measure SO2 or PM 
emissions for initial compliance, the first 30 boiler operating day 
average emission rate obtained with certified CEMS after the applicable 
date inSec. 63.9984 (or, if applicable, prior to that date, as 
described inSec. 63.10005(b)(2)), expressed in units of the standard, 
is the initial performance test. Initial compliance is demonstrated if 
the results of the performance test meet the applicable SO2 
or filterable PM emission limit in Table 1 or 2 to this subpart.
    (d) For candidate LEE units, use the results of the performance 
testing described inSec. 63.10005(h) to determine initial compliance 
with the applicable emission limit(s) in Table 1 or 2 to this subpart 
and to determine whether the unit qualifies for LEE status.
    (e) You must submit a Notification of Compliance Status containing 
the results of the initial compliance demonstration, according toSec. 
63.10030(e).
    (f)(1) You must determine the fuel whose combustion produces the 
least uncontrolled emissions, i.e., the cleanest fuel, either natural 
gas or distillate oil, that is available on site or accessible nearby 
for use during periods of startup or shutdown.

[[Page 182]]

    (2) Your cleanest fuel, either natural gas or distillate oil, for 
use during periods of startup or shutdown determination may take safety 
considerations into account.
    (g) You must follow the startup or shutdown requirements given in 
Table 3 for each coal-fired, liquid oil-fired, and solid oil-derived 
fuel-fired EGU.

[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23404, Apr. 19, 2012]

                   Continuous Compliance Requirements



Sec.  63.10020  How do I monitor and collect data to demonstrate 
continuous compliance?

    (a) You must monitor and collect data according to this section and 
the site-specific monitoring plan required bySec. 63.10000(d).
    (b) You must operate the monitoring system and collect data at all 
required intervals at all times that the affected EGU is operating, 
except for periods of monitoring system malfunctions or out-of-control 
periods (seeSec. 63.8(c)(7) of this part), and required monitoring 
system quality assurance or quality control activities, including, as 
applicable, calibration checks and required zero and span adjustments. 
You are required to affect monitoring system repairs in response to 
monitoring system malfunctions and to return the monitoring system to 
operation as expeditiously as practicable.
    (c) You may not use data recorded during EGU startup or shutdown or 
monitoring system malfunctions or monitoring system out-of-control 
periods, repairs associated with monitoring system malfunctions or 
monitoring system out-of-control periods, or required monitoring system 
quality assurance or control activities in calculations used to report 
emissions or operating levels. You must use all the data collected 
during all other periods in assessing the operation of the control 
device and associated control system.
    (d) Except for periods of monitoring system malfunctions or 
monitoring system out-of-control periods, repairs associated with 
monitoring system malfunctions or monitoring system out-of-control 
periods, and required monitoring system quality assurance or quality 
control activities including, as applicable, calibration checks and 
required zero and span adjustments), failure to collect required data is 
a deviation from the monitoring requirements.

[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23404, Apr. 19, 2012]



Sec.  63.10021  How do I demonstrate continuous compliance with the 
emission limitations, operating limits, and work practice standards?

    (a) You must demonstrate continuous compliance with each emissions 
limit, operating limit, and work practice standard in Tables 1 through 4 
to this subpart that applies to you, according to the monitoring 
specified in Tables 6 and 7 to this subpart and paragraphs (b) through 
(g) of this section.
    (b) Except as otherwise provided inSec. 63.10020(c), if you use a 
CEMS to measure SO2, PM, HCl, HF, or Hg emissions, or using a 
sorbent trap monitoring system to measure Hg emissions, you must 
demonstrate continuous compliance by using all quality-assured hourly 
data recorded by the CEMS (or sorbent trap monitoring system) and the 
other required monitoring systems (e.g., flow rate, CO2, 
O2, or moisture systems) to calculate the arithmetic average 
emissions rate in units of the standard on a continuous 30-boiler 
operating day (or, if alternate emissions averaging is used for Hg, 90-
boiler operating day) rolling average basis, updated at the end of each 
new boiler operating day. Use Equation 8 to determine the 30- (or, if 
applicable, 90-) boiler operating day rolling average.
[GRAPHIC] [TIFF OMITTED] TR19AP12.002


[[Page 183]]


Where:

Heri is the hourly emissions rate for hour i and n is the 
          number of hourly emissions rate values collected over 30- (or, 
          if applicable, 90-) boiler operating days.

    (c) If you use a PM CPMS data to measure compliance with an 
operating limit in Table 4 to this subpart, you must record the PM CPMS 
output data for all periods when the process is operating and the PM 
CPMS is not out-of-control. You must demonstrate continuous compliance 
by using all quality-assured hourly average data collected by the PM 
CPMS for all operating hours to calculate the arithmetic average 
operating parameter in units of the operating limit (e.g., milliamps, PM 
concentration, raw data signal) on a 30 operating day rolling average 
basis, updated at the end of each new boiler operating day. Use Equation 
9 to determine the 30 boiler operating day average.
[GRAPHIC] [TIFF OMITTED] TR16FE12.010

Where:

Hpvi is the hourly parameter value for hour i and n is the 
          number of valid hourly parameter values collected over 30 
          boiler operating days.

    (1) For any exceedance of the 30-boiler operating day PM CPMS 
average value from the established operating parameter limit for an EGU 
subject to the emissions limits in Table 1 to this subpart, you must:
    (i) Within 48 hours of the exceedance, visually inspect the air 
pollution control device (APCD);
    (ii) If the inspection of the APCD identifies the cause of the 
exceedance, take corrective action as soon as possible, and return the 
PM CPMS measurement to within the established value; and
    (iii) Within 45 days of the exceedance or at the time of the annual 
compliance test, whichever comes first, conduct a PM emissions 
compliance test to determine compliance with the PM emissions limit and 
to verify or re-establish the CPMS operating limit. You are not required 
to conduct any additional testing for any exceedances that occur between 
the time of the original exceedance and the PM emissions compliance test 
required under this paragraph.
    (2) PM CPMS exceedances of the operating limit for an EGU subject to 
the emissions limits in Table 1 of this subpart leading to more than 
four required performance tests in a 12-month period (rolling monthly) 
constitute a separate violation of this subpart.
    (d) If you use quarterly performance testing to demonstrate 
compliance with one or more applicable emissions limits in Table 1 or 2 
to this subpart, you
    (1) May skip performance testing in those quarters during which less 
than 168 boiler operating hours occur, except that a performance test 
must be conducted at least once every calendar year.
    (2) Must conduct the performance test as defined in Table 5 to this 
subpart and calculate the results of the testing in units of the 
applicable emissions standard; and
    (3) Must conduct site-specific monitoring for a liquid oil-fired 
unit to ensure compliance with the HCl and HF emission limits in Tables 
1 and 2 to this subpart, in accordance with the requirements ofSec. 
63.10000(c)(2)(iii). The monitoring must meet the general operating 
requirements provided inSec. 63.10020(a).
    (e) If you must conduct periodic performance tune-ups of your 
EGU(s), as specified in paragraphs (e)(1) through (9) of this section, 
perform the first tune-up as part of your initial compliance 
demonstration. Notwithstanding this requirement, you may delay the first 
burner inspection until the next scheduled unit outage provided you meet 
the requirements ofSec. 63.10005. Subsequently, you must perform an 
inspection of the burner at least once

[[Page 184]]

every 36 calendar months unless your EGU employs neural network 
combustion optimization during normal operations in which case you must 
perform an inspection of the burner and combustion controls at least 
once every 48 calendar months.
    (1) As applicable, inspect the burner and combustion controls, and 
clean or replace any components of the burner or combustion controls as 
necessary upon initiation of the work practice program and at least once 
every required inspection period. Repair of a burner or combustion 
control component requiring special order parts may be scheduled as 
follows:
    (i) Burner or combustion control component parts needing replacement 
that affect the ability to optimize NOX and CO must be 
installed within 3 calendar months after the burner inspection,
    (ii) Burner or combustion control component parts that do not affect 
the ability to optimize NOX and CO may be installed on a 
schedule determined by the operator;
    (2) As applicable, inspect the flame pattern and make any 
adjustments to the burner or combustion controls necessary to optimize 
the flame pattern. The adjustment should be consistent with the 
manufacturer's specifications, if available, or in accordance with best 
combustion engineering practice for that burner type;
    (3) As applicable, observe the damper operations as a function of 
mill and/or cyclone loadings, cyclone and pulverizer coal feeder 
loadings, or other pulverizer and coal mill performance parameters, 
making adjustments and effecting repair to dampers, controls, mills, 
pulverizers, cyclones, and sensors;
    (4) As applicable, evaluate windbox pressures and air proportions, 
making adjustments and effecting repair to dampers, actuators, controls, 
and sensors;
    (5) Inspect the system controlling the air-to-fuel ratio and ensure 
that it is correctly calibrated and functioning properly. Such 
inspection may include calibrating excess O2 probes and/or 
sensors, adjusting overfire air systems, changing software parameters, 
and calibrating associated actuators and dampers to ensure that the 
systems are operated as designed. Any component out of calibration, in 
or near failure, or in a state that is likely to negate combustion 
optimization efforts prior to the next tune-up, should be corrected or 
repaired as necessary;
    (6) Optimize combustion to minimize generation of CO and 
NOX. This optimization should be consistent with the 
manufacturer's specifications, if available, or best combustion 
engineering practice for the applicable burner type. NOX 
optimization includes burners, overfire air controls, concentric firing 
system improvements, neural network or combustion efficiency software, 
control systems calibrations, adjusting combustion zone temperature 
profiles, and add-on controls such as SCR and SNCR; CO optimization 
includes burners, overfire air controls, concentric firing system 
improvements, neural network or combustion efficiency software, control 
systems calibrations, and adjusting combustion zone temperature 
profiles;
    (7) While operating at full load or the predominantly operated load, 
measure the concentration in the effluent stream of CO and 
NOX in ppm, by volume, and oxygen in volume percent, before 
and after the tune-up adjustments are made (measurements may be either 
on a dry or wet basis, as long as it is the same basis before and after 
the adjustments are made). You may use portable CO, NOX and 
O2 monitors for this measurement. EGU's employing neural 
network optimization systems need only provide a single pre- and post-
tune-up value rather than continual values before and after each 
optimization adjustment made by the system;
    (8) Maintain on-site and submit, if requested by the Administrator, 
an annual report containing the information in paragraphs (e)(1) through 
(e)(9) of this section including:
    (i) The concentrations of CO and NOX in the effluent 
stream in ppm by volume, and oxygen in volume percent, measured before 
and after an adjustment of the EGU combustion systems;
    (ii) A description of any corrective actions taken as a part of the 
combustion adjustment; and

[[Page 185]]

    (iii) The type(s) and amount(s) of fuel used over the 12 calendar 
months prior to an adjustment, but only if the unit was physically and 
legally capable of using more than one type of fuel during that period; 
and
    (9) Report the dates of the initial and subsequent tune-ups as 
follows:
    (i) If the first required tune-up is performed as part of the 
initial compliance demonstration, report the date of the tune-up in hard 
copy (as specified inSec. 63.10030) and electronically (as specified 
inSec. 63.10031). Report the date of each subsequent tune-up 
electronically (as specified inSec. 63.10031).
    (ii) If the first tune-up is not conducted as part of the initial 
compliance demonstration, but is postponed until the next unit outage, 
report the date of that tune-up and all subsequent tune-ups 
electronically, in accordance withSec. 63.10031.
    (f) You must submit the reports required underSec. 63.10031 and, 
if applicable, the reports required under appendices A and B to this 
subpart. The electronic reports required by appendices A and B to this 
subpart must be sent to the Administrator electronically in a format 
prescribed by the Administrator, as provided inSec. 63.10031. CEMS 
data (except for PM CEMS and any approved alternative monitoring using a 
HAP metals CEMS) shall be submitted using EPA's Emissions Collection and 
Monitoring Plan System (ECMPS) Client Tool. Other data, including PM 
CEMS data, HAP metals CEMS data, and CEMS performance test detail 
reports, shall be submitted in the file format generated through use of 
EPA's Electronic Reporting Tool, the Compliance and Emissions Data 
Reporting Interface, or alternate electronic file format, all as 
provided for underSec. 63.10031.
    (g) You must report each instance in which you did not meet an 
applicable emissions limit or operating limit in Tables 1 through 4 to 
this subpart or failed to conduct a required tune-up. These instances 
are deviations from the requirements of this subpart. These deviations 
must be reported according toSec. 63.10031.
    (h) You must keep records as specified inSec. 63.10032 during 
periods of startup and shutdown.
    (i) You must provide reports as specified inSec. 63.10031 
concerning activities and periods of startup and shutdown.

[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23404, Apr. 19, 2012; 78 
FR 24086, Apr. 24, 2013]



Sec.  63.10022  How do I demonstrate continuous compliance under the
emissions averaging provision?

    (a) Following the compliance date, the owner or operator must 
demonstrate compliance with this subpart on a continuous basis by 
meeting the requirements of paragraphs (a)(1) through (3) of this 
section.
    (1) For each 30- (or 90-) day rolling average period, demonstrate 
compliance with the average weighted emissions limit for the existing 
units participating in the emissions averaging option as determined in 
Sec.  63.10009(f) and (g);
    (2) For each existing unit participating in the emissions averaging 
option that is equipped with PM CPMS, maintain the average parameter 
value at or below the operating limit established during the most recent 
performance test;
    (3) For each existing unit participating in the emissions averaging 
option venting to a common stack configuration containing affected units 
from other subcategories, maintain the appropriate operating limit for 
each unit as specified in Table 4 to this subpart that applies.
    (b) Any instance where the owner or operator fails to comply with 
the continuous monitoring requirements in paragraphs (a)(1) through (3) 
of this section is a deviation.

[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23404, Apr. 19, 2012]



Sec.  63.10023  How do I establish my PM CPMS operating limit and 
determine compliance with it?

    (a) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the filterable PM, 
individual non-mercury HAP metals, or total non-mercury HAP metals limit 
(or for liquid oil-fired units, individual HAP metals or total HAP 
metals limit, including Hg) in Table 1 or 2, record all hourly average 
output values (e.g.,

[[Page 186]]

milliamps, stack concentration, or other raw data signal) from the PM 
CPMS for the periods corresponding to the test runs (e.g., nine 1-hour 
average PM CPMS output values for three 3-hour test runs).
    (b) Determine your operating limit as provided in paragraph (b)(1) 
or (b)(2) of this section. You must verify an existing or establish a 
new operating limit after each repeated performance test.
    (1) For an existing EGU, determine your operating limit based on the 
highest 1-hour average PM CPMS output value recorded during the 
performance test.
    (2) For a new EGU, determine your operating limit as follows.
    (i) If your PM performance test demonstrates your PM emissions do 
not exceed 75 percent of your emissions limit, you will use the average 
PM CPMS value recorded during the PM compliance test, the milliamp 
equivalent of zero output from your PM CPMS, and the average PM result 
of your compliance test to establish your operating limit. Calculate the 
operating limit by establishing a relationship of PM CPMS signal to PM 
concentration using the PM CPMS instrument zero, the average PM CPMS 
values corresponding to the three compliance test runs, and the average 
PM concentration from the Method 5 compliance test with the procedures 
in (b)(2)(i)(A) through (D) of this section.
    (A) Determine your PM CPMS instrument zero output with one of the 
following procedures.
    (1) Zero point data for in-situ instruments should be obtained by 
removing the instrument from the stack and monitoring ambient air on a 
test bench.
    (2) Zero point data for extractive instruments should be obtained by 
removing the extractive probe from the stack and drawing in clean 
ambient air.
    (3) The zero point can also can be obtained by performing manual 
reference method measurements when the flue gas is free of PM emissions 
or contains very low PM concentrations (e.g., when your process is not 
operating, but the fans are operating or your source is combusting only 
natural gas) and plotting these with the compliance data to find the 
zero intercept.
    (4) If none of the steps in paragraphs (A)(1) through (3) of this 
section are possible, you must use a zero output value provided by the 
manufacturer.
    (B) Determine your PM CPMS instrument average (x) in milliamps, and 
the average of your corresponding three PM compliance test runs (y), 
using equation 10.
[GRAPHIC] [TIFF OMITTED] TR24AP13.010


Where:

Xi = the PM CPMS data points for run i of the performance 
          test,
Yi = the PM emissions value (in lb/MWh) for run i of the 
          performance test, and
n = the number of data points.

    (C) With your PM CPMS instrument zero expressed in milliamps, your 
three run average PM CPMS milliamp value, and your three run average PM 
emissions value (in lb/MWh) from your compliance runs, determine a 
relationship of PM lb/MWh per milliamp with equation 11.
[GRAPHIC] [TIFF OMITTED] TR24AP13.011



[[Page 187]]


Where:

R = the relative PM lb/MWh per milliamp for your PM CPMS,
y = the three run average PM lb/MWh,
x = the three run average milliamp output from your PM CPMS, and
z = the milliamp equivalent of your instrument zero determined from 
          (b)(2)(i)(A) of this section.

    (D) Determine your source specific 30-day rolling average operating 
limit using the PM lb/MWh per milliamp value from equation 11 in 
equation 12, below. This sets your operating limit at the PM CPMS output 
value corresponding to 75 percent of your emission limit.
[GRAPHIC] [TIFF OMITTED] TR24AP13.012


Where:

OL = the operating limit for your PM CPMS on a 30-day rolling 
          average, in milliamps,
L = your source PM emissions limit in lb/MWh,
z = your instrument zero in milliamps, determined from (b)(2)(i)(A) of 
          this section, and
R = the relative PM lb/MWh per milliamp for your PM CPMS, from equation 
          11.

    (ii) If your PM compliance test demonstrates your PM emissions 
exceed 75 percent of your emissions limit, you will use the average PM 
CPMS value recorded during the PM compliance test demonstrating 
compliance with the PM limit to establish your operating limit.
    (A) Determine your operating limit by averaging the PM CPMS milliamp 
output corresponding to your three PM performance test runs that 
demonstrate compliance with the emission limit using equation 13.
[GRAPHIC] [TIFF OMITTED] TR24AP13.013


Where:

Xi = the PM CPMS data points for all runs i,
n = the number of data points, and
Oh = your site specific operating limit, in milliamps.

    (iii) Your PM CPMS must provide a 4-20 milliamp output and the 
establishment of its relationship to manual reference method 
measurements must be determined in units of milliamps.
    (iv) Your PM CPMS operating range must be capable of reading PM 
concentrations from zero to a level equivalent to two times your 
allowable emission limit. If your PM CPMS is an auto-ranging instrument 
capable of multiple scales, the primary range of the instrument must be 
capable of reading PM concentration from zero to a level equivalent to 
two times your allowable emission limit.
    (v) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, record 
and average all milliamp output values from the PM CPMS for the periods 
corresponding to the compliance test runs.
    (vi) For PM performance test reports used to set a PM CPMS operating 
limit, the electronic submission of the test report must also include 
the make and model of the PM CPMS instrument, serial number of the 
instrument, analytical principle of the instrument (e.g. beta 
attenuation), span of the instruments primary analytical range, milliamp 
value equivalent to the instrument zero output, technique by which this 
zero value was determined,

[[Page 188]]

and the average milliamp signal corresponding to each PM compliance test 
run.
    (c) You must operate and maintain your process and control equipment 
such that the 30 operating day average PM CPMS output does not exceed 
the operating limit determined in paragraphs (a) and (b) of this 
section.

[77 FR 9464, Feb. 16, 2012, as amended at 78 FR 24086, Apr. 24, 2013]

                   Notification, Reports, and Records



Sec.  63.10030  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec.Sec. 63.7(b) 
and (c), 63.8 (e), (f)(4) and (6), and 63.9 (b) through (h) that apply 
to you by the dates specified.
    (b) As specified inSec. 63.9(b)(2), if you startup your EGU that 
is an affected source before April 16, 2012, you must submit an Initial 
Notification not later than 120 days after April 16, 2012.
    (c) As specified inSec. 63.9(b)(4) and (b)(5), if you startup your 
new or reconstructed EGU that is an affected source on or after April 
16, 2012, you must submit an Initial Notification not later than 15 days 
after the actual date of startup of the EGU that is an affected source.
    (d) When you are required to conduct a performance test, you must 
submit a Notification of Intent to conduct a performance test at least 
30 days before the performance test is scheduled to begin.
    (e) When you are required to conduct an initial compliance 
demonstration as specified inSec. 63.10011(a), you must submit a 
Notification of Compliance Status according toSec. 63.9(h)(2)(ii). The 
Notification of Compliance Status report must contain all the 
information specified in paragraphs (e)(1) through (7), as applicable.
    (1) A description of the affected source(s) including identification 
of which subcategory the source is in, the design capacity of the 
source, a description of the add-on controls used on the source, 
description of the fuel(s) burned, including whether the fuel(s) were 
determined by you or EPA through a petition process to be a non-waste 
under 40 CFR 241.3, whether the fuel(s) were processed from discarded 
non-hazardous secondary materials within the meaning of 40 CFR 241.3, 
and justification for the selection of fuel(s) burned during the 
performance test.
    (2) Summary of the results of all performance tests and fuel 
analyses and calculations conducted to demonstrate initial compliance 
including all established operating limits.
    (3) Identification of whether you plan to demonstrate compliance 
with each applicable emission limit through performance testing; fuel 
moisture analyses; performance testing with operating limits (e.g., use 
of PM CPMS); CEMS; or a sorbent trap monitoring system.
    (4) Identification of whether you plan to demonstrate compliance by 
emissions averaging.
    (5) A signed certification that you have met all applicable emission 
limits and work practice standards.
    (6) If you had a deviation from any emission limit, work practice 
standard, or operating limit, you must also submit a brief description 
of the deviation, the duration of the deviation, emissions point 
identification, and the cause of the deviation in the Notification of 
Compliance Status report.
    (7) In addition to the information required inSec. 63.9(h)(2), 
your notification of compliance status must include the following:
    (i) A summary of the results of the annual performance tests and 
documentation of any operating limits that were reestablished during 
this test, if applicable. If you are conducting stack tests once every 3 
years consistent withSec. 63.10006(b), the date of the last three 
stack tests, a comparison of the emission level you achieved in the last 
three stack tests to the 50 percent emission limit threshold required in 
Sec.  63.10006(i), and a statement as to whether there have been any 
operational changes since the last stack test that could increase 
emissions.
    (ii) Certifications of compliance, as applicable, and must be signed 
by a responsible official stating:
    (A) ``This EGU complies with the requirements inSec. 63.10021(a) 
to demonstrate continuous compliance.'' and

[[Page 189]]

    (B) ``No secondary materials that are solid waste were combusted in 
any affected unit.''

[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23404, Apr. 19, 2012; 78 
FR 24087, Apr. 24, 2013]



Sec.  63.10031  What reports must I submit and when?

    (a) You must submit each report in Table 8 to this subpart that 
applies to you. If you are required to (or elect to) continuously 
monitor Hg and/or HCl and/or HF emissions, you must also submit the 
electronic reports required under appendix A and/or appendix B to the 
subpart, at the specified frequency.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports underSec. 63.10(a), you must submit each report 
by the date in Table 8 to this subpart and according to the requirements 
in paragraphs (b)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source inSec. 
63.9984 and ending on June 30 or December 31, whichever date is the 
first date that occurs at least 180 days after the compliance date that 
is specified for your source inSec. 63.9984.
    (2) The first compliance report must be postmarked or submitted 
electronically no later than July 31 or January 31, whichever date is 
the first date following the end of the first calendar half after the 
compliance date that is specified for your source inSec. 63.9984.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
submitted electronically no later than July 31 or January 31, whichever 
date is the first date following the end of the semiannual reporting 
period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to part 70 or part 71 of this chapter, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in paragraphs (b)(1) through (4) of 
this section.
    (c) The compliance report must contain the information required in 
paragraphs (c)(1) through (4) of this section.
    (1) The information required by the summary report located in 
63.10(e)(3)(vi).
    (2) The total fuel use by each affected source subject to an 
emission limit, for each calendar month within the semiannual reporting 
period, including, but not limited to, a description of the fuel, 
whether the fuel has received a non-waste determination by EPA or your 
basis for concluding that the fuel is not a waste, and the total fuel 
usage amount with units of measure.
    (3) Indicate whether you burned new types of fuel during the 
reporting period. If you did burn new types of fuel you must include the 
date of the performance test where that fuel was in use.
    (4) Include the date of the most recent tune-up for each unit 
subject to the requirement to conduct a performance tune-up according to 
Sec.  63.10021(e). Include the date of the most recent burner inspection 
if it was not done every 36 (or 48) months and was delayed until the 
next scheduled unit shutdown.
    (d) For each excess emissions occurring at an affected source where 
you are using a CMS to comply with that emission limit or operating 
limit, you must include the information required inSec. 63.10(e)(3)(v) 
in the compliance report specified in section (c).
    (e) Each affected source that has obtained a Title V operating 
permit pursuant to part 70 or part 71 of this chapter must report all 
deviations as defined in this subpart in the semiannual monitoring 
report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A). If an affected source submits a compliance report 
pursuant to Table 8 to this subpart along with, or as part of, the 
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 
CFR 71.6(a)(3)(iii)(A), and the compliance report includes all required 
information

[[Page 190]]

concerning deviations from any emission limit, operating limit, or work 
practice requirement in this subpart, submission of the compliance 
report satisfies any obligation to report the same deviations in the 
semiannual monitoring report. Submission of a compliance report does not 
otherwise affect any obligation the affected source may have to report 
deviations from permit requirements to the permit authority.
    (f) As of January 1, 2012, and within 60 days after the date of 
completing each performance test, you must submit the results of the 
performance tests required by this subpart to EPA's WebFIRE database by 
using the Compliance and Emissions Data Reporting Interface (CEDRI) that 
is accessed through EPA's Central Data Exchange (CDX) (www.epa.gov/cdx). 
Performance test data must be submitted in the file format generated 
through use of EPA's Electronic Reporting Tool (ERT) (see http://
www.epa.gov/ttn/chief/ert/index.html). Only data collected using those 
test methods on the ERT Web site are subject to this requirement for 
submitting reports electronically to WebFIRE. Owners or operators who 
claim that some of the information being submitted for performance tests 
is confidential business information (CBI) must submit a complete ERT 
file including information claimed to be CBI on a compact disk or other 
commonly used electronic storage media (including, but not limited to, 
flash drives) to EPA. The electronic media must be clearly marked as CBI 
and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE 
Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
ERT file with the CBI omitted must be submitted to EPA via CDX as 
described earlier in this paragraph. At the discretion of the delegated 
authority, you must also submit these reports, including the 
confidential business information, to the delegated authority in the 
format specified by the delegated authority.
    (1) Within 60 days after the date of completing each CEMS 
(SO2, PM, HCl, HF, and Hg) performance evaluation test, as 
defined inSec. 63.2 and required by this subpart, you must submit the 
relative accuracy test audit (RATA) data (or, for PM CEMS, RCA and RRA 
data) required by this subpart to EPA's WebFIRE database by using the 
Compliance and Emissions Data Reporting Interface (CEDRI) that is 
accessed through EPA's Central Data Exchange (CDX) (www.epa.gov/cdx). 
The RATA data shall be submitted in the file format generated through 
use of EPA's Electronic Reporting Tool (ERT) (http://www.epa.gov/ttn/
chief/ert/index.html). Only RATA data compounds listed on the ERT Web 
site are subject to this requirement. Owners or operators who claim that 
some of the information being submitted for RATAs is confidential 
business information (CBI) shall submit a complete ERT file including 
information claimed to be CBI on a compact disk or other commonly used 
electronic storage media (including, but not limited to, flash drives) 
by registered letter to EPA and the same ERT file with the CBI omitted 
to EPA via CDX as described earlier in this paragraph. The compact disk 
or other commonly used electronic storage media shall be clearly marked 
as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE 
Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. At the 
discretion of the delegated authority, owners or operators shall also 
submit these RATAs to the delegated authority in the format specified by 
the delegated authority. Owners or operators shall submit calibration 
error testing, drift checks, and other information required in the 
performance evaluation as described inSec. 63.2 and as required in 
this chapter.
    (2) For a PM CEMS, PM CPMS, or approved alternative monitoring using 
a HAP metals CEMS, within 60 days after the reporting periods ending on 
March 31st, June 30th, September 30th, and December 31st, you must 
submit quarterly reports to EPA's WebFIRE database by using the 
Compliance and Emissions Data Reporting Interface (CEDRI) that is 
accessed through EPA's Central Data Exchange (CDX) (www.epa.gov/cdx). 
You must use the appropriate electronic reporting form in CEDRI or 
provide an alternate electronic file consistent with EPA's reporting 
form output format. For each

[[Page 191]]

reporting period, the quarterly reports must include all of the 
calculated 30-boiler operating day rolling average values derived from 
the CEMS and PM CPMS.
    (3) Reports for an SO2 CEMS, a Hg CEMS or sorbent trap 
monitoring system, an HCl or HF CEMS, and any supporting monitors for 
such systems (such as a diluent or moisture monitor) shall be submitted 
using the ECMPS Client Tool, as provided for in Appendices A and B to 
this subpart andSec. 63.10021(f).
    (4) Submit the compliance reports required under paragraphs (c) and 
(d) of this section and the notification of compliance status required 
underSec. 63.10030(e) to EPA's WebFIRE database by using the 
Compliance and Emissions Data Reporting Interface (CEDRI) that is 
accessed through EPA's Central Data Exchange (CDX) (www.epa.gov/cdx). 
You must use the appropriate electronic reporting form in CEDRI or 
provide an alternate electronic file consistent with EPA's reporting 
form output format.
    (5) All reports required by this subpart not subject to the 
requirements in paragraphs (f)(1) through (4) of this section must be 
sent to the Administrator at the appropriate address listed inSec. 
63.13. If acceptable to both the Administrator and the owner or operator 
of a source, these reports may be submitted on electronic media. The 
Administrator retains the right to require submittal of reports subject 
to paragraphs (f)(1), (2), and (3) of this section in paper format.
    (g) If you had a malfunction during the reporting period, the 
compliance report must include the number, duration, and a brief 
description for each type of malfunction which occurred during the 
reporting period and which caused or may have caused any applicable 
emission limitation to be exceeded.

[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23404, Apr. 19, 2012]



Sec.  63.10032  What records must I keep?

    (a) You must keep records according to paragraphs (a)(1) and (2) of 
this section. If you are required to (or elect to) continuously monitor 
Hg and/or HCl and/or HF emissions, you must also keep the records 
required under appendix A and/or appendix B to this subpart.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status or semiannual 
compliance report that you submitted, according to the requirements in 
Sec.  63.10(b)(2)(xiv).
    (2) Records of performance stack tests, fuel analyses, or other 
compliance demonstrations and performance evaluations, as required in 
Sec.  63.10(b)(2)(viii).
    (b) For each CEMS and CPMS, you must keep records according to 
paragraphs (b)(1) through (4) of this section.
    (1) Records described inSec. 63.10(b)(2)(vi) through (xi).
    (2) Previous (i.e., superseded) versions of the performance 
evaluation plan as required inSec. 63.8(d)(3).
    (3) Request for alternatives to relative accuracy test for CEMS as 
required inSec. 63.8(f)(6)(i).
    (4) Records of the date and time that each deviation started and 
stopped, and whether the deviation occurred during a period of startup, 
shutdown, or malfunction or during another period.
    (c) You must keep the records required in Table 7 to this subpart 
including records of all monitoring data and calculated averages for 
applicable PM CPMS operating limits to show continuous compliance with 
each emission limit and operating limit that applies to you.
    (d) For each EGU subject to an emission limit, you must also keep 
the records in paragraphs (d)(1) through (3) of this section.
    (1) You must keep records of monthly fuel use by each EGU, including 
the type(s) of fuel and amount(s) used.
    (2) If you combust non-hazardous secondary materials that have been 
determined not to be solid waste pursuant to 40 CFR 241.3(b)(1), you 
must keep a record which documents how the secondary material meets each 
of the legitimacy criteria. If you combust a fuel that has been 
processed from a discarded non-hazardous secondary material pursuant to 
40 CFR 241.3(b)(2), you must keep records as to how the operations that 
produced the fuel satisfies

[[Page 192]]

the definition of processing in 40 CFR 241.2. If the fuel received a 
non-waste determination pursuant to the petition process submitted under 
40 CFR 241.3(c), you must keep a record which documents how the fuel 
satisfies the requirements of the petition process.
    (3) For an EGU that qualifies as an LEE underSec. 63.10005(h), you 
must keep annual records that document that your emissions in the 
previous stack test(s) continue to qualify the unit for LEE status for 
an applicable pollutant, and document that there was no change in source 
operations including fuel composition and operation of air pollution 
control equipment that would cause emissions of the pollutant to 
increase within the past year.
    (e) If you elect to average emissions consistent withSec. 
63.10009, you must additionally keep a copy of the emissions averaging 
implementation plan required inSec. 63.10009(g), all calculations 
required underSec. 63.10009, including daily records of heat input or 
steam generation, as applicable, and monitoring records consistent with 
Sec.  63.10022.
    (f) You must keep records of the occurrence and duration of each 
startup and/or shutdown.
    (g) You must keep records of the occurrence and duration of each 
malfunction of an operation (i.e., process equipment) or the air 
pollution control and monitoring equipment.
    (h) You must keep records of actions taken during periods of 
malfunction to minimize emissions in accordance withSec. 63.10000(b), 
including corrective actions to restore malfunctioning process and air 
pollution control and monitoring equipment to its normal or usual manner 
of operation.
    (i) You must keep records of the type(s) and amount(s) of fuel used 
during each startup or shutdown.
    (j) If you elect to establish that an EGU qualifies as a limited-use 
liquid oil-fired EGU, you must keep records of the type(s) and amount(s) 
of fuel use in each calendar quarter to document that the capacity 
factor limitation for that subcategory is met.



Sec.  63.10033  In what form and how long must I keep my records?

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

                   Other Requirements and Information



Sec.  63.10040  What parts of the General Provisions apply to me?

    Table 9 to this subpart shows which parts of the General Provisions 
in Sec.Sec. 63.1 through 63.15 apply to you.



Sec.  63.10041  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by U.S. EPA, or a 
delegated authority such as your state, local, or tribal agency. If the 
EPA Administrator has delegated authority to your state, local, or 
tribal agency, then that agency (as well as the U.S. EPA) has the 
authority to implement and enforce this subpart. You should contact your 
EPA Regional Office to find out if this subpart is delegated to your 
state, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a state, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities listed in paragraphs (b)(1) through (4) of 
this section are retained by the EPA Administrator and are not 
transferred to the state, local, or tribal agency; moreover, the U.S. 
EPA retains oversight of this subpart and can take enforcement actions, 
as appropriate, with respect to any failure by any person to comply with 
any provision of this subpart.
    (1) Approval of alternatives to the non-opacity emission limits and 
work practice standards inSec. 63.9991(a) and (b) underSec. 63.6(g).

[[Page 193]]

    (2) Approval of major change to test methods in Table 5 to this 
subpart underSec. 63.7(e)(2)(ii) and (f) and as defined inSec. 
63.90, approval of minor and intermediate changes to monitoring 
performance specifications/procedures in Table 5 where the monitoring 
serves as the performance test method (see definition of ``test method'' 
inSec. 63.2.
    (3) Approval of major changes to monitoring underSec. 63.8(f) and 
as defined inSec. 63.90.
    (4) Approval of major change to recordkeeping and reporting under 
Sec.  63.10(e) and as defined inSec. 63.90.



Sec.  63.10042  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act (CAA), 
inSec. 63.2 (the General Provisions), and in this section as follows:
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof, and the merits of which are 
independently and objectively evaluated in a judicial or administrative 
proceeding.
    Anthracite coal means solid fossil fuel classified as anthracite 
coal by American Society of Testing and Materials (ASTM) Method D388-05, 
``Standard Classification of Coals by Rank'' (incorporated by reference, 
seeSec. 63.14).
    Bituminous coal means coal that is classified as bituminous 
according to ASTM Method D388-05, ``Standard Classification of Coals by 
Rank'' (incorporated by reference, seeSec. 63.14).
    Boiler operating day means a 24-hour period between midnight and the 
following midnight during which any fuel is combusted at any time in the 
steam generating unit. It is not necessary for the fuel to be combusted 
the entire 24-hour period.
    Capacity factor for a liquid oil-fired EGU means the total annual 
heat input from oil divided by the product of maximum hourly heat input 
for the EGU, regardless of fuel, multiplied by 8,760 hours.
    Coal means all solid fuels classifiable as anthracite, bituminous, 
sub-bituminous, or lignite by ASTM Method D388-05, ``Standard 
Classification of Coals by Rank'' (incorporated by reference, seeSec. 
63.14), and coal refuse. Synthetic fuels derived from coal for the 
purpose of creating useful heat including but not limited to, coal 
derived gases (not meeting the definition of natural gas), solvent-
refined coal, coal-oil mixtures, and coal-water mixtures, are considered 
``coal'' for the purposes of this subpart.
    Coal-fired electric utility steam generating unit means an electric 
utility steam generating unit meeting the definition of ``fossil fuel-
fired'' that burns coal for more than 10.0 percent of the average annual 
heat input during any 3 consecutive calendar years or for more than 15.0 
percent of the annual heat input during any one calendar year.
    Coal refuse means any by-product of coal mining, physical coal 
cleaning, and coal preparation operations (e.g., culm, gob, etc.) 
containing coal, matrix material, clay, and other organic and inorganic 
material with an ash content greater than 50 percent (by weight) and a 
heating value less than 13,900 kilojoules per kilogram (6,000 Btu per 
pound) on a dry basis.
    Cogeneration means a steam-generating unit that simultaneously 
produces both electrical and useful thermal (or mechanical) energy from 
the same primary energy source.
    Cogeneration unit means a stationary, fossil fuel-fired EGU meeting 
the definition of ``fossil fuel-fired'' or stationary, integrated 
gasification combined cycle:
    (1) Having equipment used to produce electricity and useful thermal 
energy for industrial, commercial, heating, or cooling purposes through 
the sequential use of energy; and
    (2) Producing during the 12-month period starting on the date the 
unit first produces electricity and during any calendar year after which 
the unit first produces electricity:
    (i) For a topping-cycle cogeneration unit,
    (A) Useful thermal energy not less than 5 percent of total energy 
output; and
    (B) Useful power that, when added to one-half of useful thermal 
energy produced, is not less than 42.5 percent of total energy input, if 
useful thermal energy produced is 15 percent or more of total energy 
output, or not less than

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45 percent of total energy input, if useful thermal energy produced is 
less than 15 percent of total energy output.
    (ii) For a bottoming-cycle cogeneration unit, useful power not less 
than 45 percent of total energy input.
    (3) Provided that the total energy input under paragraphs (2)(i)(B) 
and (2)(ii) of this definition shall equal the unit's total energy input 
from all fuel except biomass if the unit is a boiler.
    Combined-cycle gas stationary combustion turbine means a stationary 
combustion turbine system where heat from the turbine exhaust gases is 
recovered by a waste heat boiler.
    Common stack means the exhaust of emissions from two or more 
affected units through a single flue.
    Continental liquid oil-fired subcategory means any oil-fired 
electric utility steam generating unit that burns liquid oil and is 
located in the continental United States.
    Deviation. (1) Deviation means any instance in which an affected 
source subject to this subpart, or an owner or operator of such a 
source:
    (i) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limit, operating 
limit, work practice standard, or monitoring requirement; or
    (ii) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is included 
in the operating permit for any affected source required to obtain such 
a permit.
    (2) A deviation is not always a violation. The determination of 
whether a deviation constitutes a violation of the standard is up to the 
discretion of the entity responsible for enforcement of the standards.
    Distillate oil means fuel oils, including recycled oils, that comply 
with the specifications for fuel oil numbers 1 and 2, as defined by ASTM 
Method D396-10, ``Standard Specification for Fuel Oils'' (incorporated 
by reference, seeSec. 63.14).
    Dry flue gas desulfurization technology, or dry FGD, or spray dryer 
absorber (SDA), or spray dryer, or dry scrubber means an add-on air 
pollution control system located downstream of the steam generating unit 
that injects a dry alkaline sorbent (dry sorbent injection) or sprays an 
alkaline sorbent slurry (spray dryer) to react with and neutralize acid 
gases such as SO2 and HCl in the exhaust stream forming a dry 
powder material. Alkaline sorbent injection systems in fluidized bed 
combustors (FBC) or circulating fluidized bed (CFB) boilers are included 
in this definition.
    Dry sorbent injection (DSI) means an add-on air pollution control 
system in which sorbent (e.g., conventional activated carbon, brominated 
activated carbon, Trona, hydrated lime, sodium carbonate, etc.) is 
injected into the flue gas steam upstream of a PM control device to 
react with and neutralize acid gases (such as SO2 and HCl) or 
Hg in the exhaust stream forming a dry powder material that may be 
removed in a primary or secondary PM control device.
    Electric Steam generating unit means any furnace, boiler, or other 
device used for combusting fuel for the purpose of producing steam 
(including fossil-fuel-fired steam generators associated with integrated 
gasification combined cycle gas turbines; nuclear steam generators are 
not included) for the purpose of powering a generator to produce 
electricity or electricity and other thermal energy.
    Electric utility steam generating unit (EGU) means a fossil fuel-
fired combustion unit of more than 25 megawatts electric (MWe) that 
serves a generator that produces electricity for sale. A fossil fuel-
fired unit that cogenerates steam and electricity and supplies more than 
one-third of its potential electric output capacity and more than 25 MWe 
output to any utility power distribution system for sale is considered 
an electric utility steam generating unit.
    Emission limitation means any emissions limit, work practice 
standard, or operating limit.
    Excess emissions means, with respect to this subpart, results of any 
required measurements outside the applicable range (e.g., emissions 
limitations, parametric operating limits) that is permitted by this 
subpart. The values of measurements will be in the same units and 
averaging time as the values

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specified in this subpart for the limitations.
    Federally enforceable means all limitations and conditions that are 
enforceable by the Administrator, including the requirements of 40 CFR 
parts 60, 61, and 63; requirements within any applicable state 
implementation plan; and any permit requirements established under 40 
CFR 52.21 or under 40 CFR 51.18 and 40 CFR 51.24.
    Flue gas desulfurization system means any add-on air pollution 
control system located downstream of the steam generating unit whose 
purpose or effect is to remove at least 50 percent of the SO2 
in the exhaust gas stream.
    Fossil fuel means natural gas, oil, coal, and any form of solid, 
liquid, or gaseous fuel derived from such material.
    Fossil fuel-fired means an electric utility steam generating unit 
(EGU) that is capable of combusting more than 25 MW of fossil fuels. To 
be ``capable of combusting'' fossil fuels, an EGU would need to have 
these fuels allowed in its operating permit and have the appropriate 
fuel handling facilities on-site or otherwise available (e.g., coal 
handling equipment, including coal storage area, belts and conveyers, 
pulverizers, etc.; oil storage facilities). In addition, fossil fuel-
fired means any EGU that fired fossil fuels for more than 10.0 percent 
of the average annual heat input during any 3 consecutive calendar years 
or for more than 15.0 percent of the annual heat input during any one 
calendar year after the applicable compliance date.
    Fuel type means each category of fuels that share a common name or 
classification. Examples include, but are not limited to, bituminous 
coal, subbituminous coal, lignite, anthracite, biomass, and residual 
oil. Individual fuel types received from different suppliers are not 
considered new fuel types.
    Fluidized bed boiler, or fluidized bed combustor, or circulating 
fluidized boiler, or CFB means a boiler utilizing a fluidized bed 
combustion process.
    Fluidized bed combustion means a process where a fuel is burned in a 
bed of granulated particles which are maintained in a mobile suspension 
by the upward flow of air and combustion products.
    Gaseous fuel includes, but is not limited to, natural gas, process 
gas, landfill gas, coal derived gas, solid oil-derived gas, refinery 
gas, and biogas.
    Generator means a device that produces electricity.
    Gross output means the gross useful work performed by the steam 
generated and, for an IGCC electric utility steam generating unit, the 
work performed by the stationary combustion turbines. For a unit 
generating only electricity, the gross useful work performed is the 
gross electrical output from the unit's turbine/generator sets. For a 
cogeneration unit, the gross useful work performed is the gross 
electrical output, including any such electricity used in the power 
production process (which process includes, but is not limited to, any 
on-site processing or treatment of fuel combusted at the unit and any 
on-site emission controls), or mechanical output plus 75 percent of the 
useful thermal output measured relative to ISO conditions that is not 
used to generate additional electrical or mechanical output or to 
enhance the performance of the unit (i.e., steam delivered to an 
industrial process).
    Heat input means heat derived from combustion of fuel in an EGU 
(synthetic gas for an IGCC) and does not include the heat input from 
preheated combustion air, recirculated flue gases, or exhaust gases from 
other sources such as gas turbines, internal combustion engines, etc.
    Integrated gasification combined cycle electric utility steam 
generating unit or IGCC means an electric utility steam generating unit 
meeting the definition of ``fossil fuel-fired'' that burns a synthetic 
gas derived from coal and/or solid oil-derived fuel for more than 10.0 
percent of the average annual heat input during any 3 consecutive 
calendar years or for more than 15.0 percent of the annual heat input 
during any one calendar year in a combined-cycle gas turbine. No solid 
coal or solid oil-derived fuel is directly burned in the unit during 
operation.
    ISO conditions means a temperature of 288 Kelvin, a relative 
humidity of 60

[[Page 196]]

percent, and a pressure of 101.3 kilopascals.
    Lignite coal means coal that is classified as lignite A or B 
according to ASTM Method D388-05, ``Standard Classification of Coals by 
Rank'' (incorporated by reference, seeSec. 63.14).
    Limited-use liquid oil-fired subcategory means an oil-fired electric 
utility steam generating unit with an annual capacity factor of less 
than 8 percent of its maximum or nameplate heat input, whichever is 
greater, averaged over a 24-month block contiguous period commencing 
April 16, 2015.
    Liquid fuel includes, but is not limited to, distillate oil and 
residual oil.
    Monitoring system malfunction or out of control period means any 
sudden, infrequent, not reasonably preventable failure of the monitoring 
system to provide valid data. Monitoring system failures that are caused 
in part by poor maintenance or careless operation are not malfunctions.
    Natural gas means a naturally occurring fluid mixture of 
hydrocarbons (e.g., methane, ethane, or propane) produced in geological 
formations beneath the Earth's surface that maintains a gaseous state at 
standard atmospheric temperature and pressure under ordinary conditions. 
Natural gas contains 20.0 grains or less of total sulfur per 100 
standard cubic feet. Additionally, natural gas must either be composed 
of at least 70 percent methane by volume or have a gross calorific value 
between 950 and 1,100 Btu per standard cubic foot. Natural gas does not 
include the following gaseous fuels: landfill gas, digester gas, 
refinery gas, sour gas, blast furnace gas, coal-derived gas, producer 
gas, coke oven gas, or any gaseous fuel produced in a process which 
might result in highly variable sulfur content or heating value.
    Natural gas-fired electric utility steam generating unit means an 
electric utility steam generating unit meeting the definition of 
``fossil fuel-fired'' that is not a coal-fired, oil-fired, or IGCC 
electric utility steam generating unit and that burns natural gas for 
more than 10.0 percent of the average annual heat input during any 3 
consecutive calendar years or for more than 15.0 percent of the annual 
heat input during any one calendar year.
    Net-electric output means the gross electric sales to the utility 
power distribution system minus purchased power on a calendar year 
basis.
    Non-continental area means the State of Hawaii, the Virgin Islands, 
Guam, American Samoa, the Commonwealth of Puerto Rico, or the Northern 
Mariana Islands.
    Non-continental liquid oil-fired subcategory means any oil-fired 
electric utility steam generating unit that burns liquid oil and is 
located outside the continental United States.
    Non-mercury (Hg) HAP metals means Antimony (Sb), Arsenic (As), 
Beryllium (Be), Cadmium (Cd), Chromium (Cr), Cobalt (Co), Lead (Pb), 
Manganese (Mn), Nickel (Ni), and Selenium (Se).
    Oil means crude oil or petroleum or a fuel derived from crude oil or 
petroleum, including distillate and residual oil, solid oil-derived fuel 
(e.g., petroleum coke) and gases derived from solid oil-derived fuels 
(not meeting the definition of natural gas).
    Oil-fired electric utility steam generating unit means an electric 
utility steam generating unit meeting the definition of ``fossil fuel-
fired'' that is not a coal-fired electric utility steam generating unit 
and that burns oil for more than 10.0 percent of the average annual heat 
input during any 3 consecutive calendar years or for more than 15.0 
percent of the annual heat input during any one calendar year.
    Particulate matter or PM means any finely divided solid material as 
measured by the test methods specified under this subpart, or an 
alternative method.
    Pulverized coal (PC) boiler means an EGU in which pulverized coal is 
introduced into an air stream that carries the coal to the combustion 
chamber of the EGU where it is fired in suspension.
    Residual oil means crude oil, and all fuel oil numbers 4, 5 and 6, 
as defined by ASTM Method D396-10, ``Standard Specification for Fuel 
Oils'' (incorporated by reference, seeSec. 63.14).
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Shutdown means the cessation of operation of a boiler for any 
purpose. Shutdown begins either when none of the steam from the boiler 
is used to generate electricity for sale over the

[[Page 197]]

grid or for any other purpose (including on-site use), or at the point 
of no fuel being fired in the boiler, whichever is earlier. Shutdown 
ends when there is both no electricity being generated and no fuel being 
fired in the boiler.
    Startup means either the first-ever firing of fuel in a boiler for 
the purpose of producing electricity, or the firing of fuel in a boiler 
after a shutdown event for any purpose. Startup ends when any of the 
steam from the boiler is used to generate electricity for sale over the 
grid or for any other purpose (including on-site use).
    Stationary combustion turbine means all equipment, including but not 
limited to the turbine, the fuel, air, lubrication and exhaust gas 
systems, control systems (except emissions control equipment), and any 
ancillary components and sub-components comprising any simple cycle 
stationary combustion turbine, any regenerative/recuperative cycle 
stationary combustion turbine, the combustion turbine portion of any 
stationary cogeneration cycle combustion system, or the combustion 
turbine portion of any stationary combined cycle steam/electric 
generating system. Stationary means that the combustion turbine is not 
self propelled or intended to be propelled while performing its 
function. Stationary combustion turbines do not include turbines located 
at a research or laboratory facility, if research is conducted on the 
turbine itself and the turbine is not being used to power other 
applications at the research or laboratory facility.
    Steam generating unit means any furnace, boiler, or other device 
used for combusting fuel for the purpose of producing steam (including 
fossil-fuel-fired steam generators associated with integrated 
gasification combined cycle gas turbines; nuclear steam generators are 
not included).
    Stoker means a unit consisting of a mechanically operated fuel 
feeding mechanism, a stationary or moving grate to support the burning 
of fuel and admit undergrate air to the fuel, an overfire air system to 
complete combustion, and an ash discharge system. There are two general 
types of stokers: underfeed and overfeed. Overfeed stokers include mass 
feed and spreader stokers.
    Subbituminous coal means coal that is classified as subbituminous A, 
B, or C according to ASTM Method D388-05, ``Standard Classification of 
Coals by Rank'' (incorporated by reference, seeSec. 63.14).
    Unit designed for coal = 8,300 Btu/lb subcategory means 
any coal-fired EGU that is not a coal-fired EGU in the ``unit designed 
for low rank virgin coal'' subcategory.
    Unit designed for low rank virgin coal subcategory means any coal-
fired EGU that is designed to burn and that is burning nonagglomerating 
virgin coal having a calorific value (moist, mineral matter-free basis) 
of less than 19,305 kJ/kg (8,300 Btu/lb) that is constructed and 
operates at or near the mine that produces such coal.
    Unit designed to burn solid oil-derived fuel subcategory means any 
oil-fired EGU that burns solid oil-derived fuel.
    Voluntary consensus standards or VCS mean technical standards (e.g., 
materials specifications, test methods, sampling procedures, business 
practices) developed or adopted by one or more voluntary consensus 
bodies. The EPA/OAQPS has by precedent only used VCS that are written in 
English. Examples of VCS bodies are: American Society of Testing and 
Materials (ASTM), American Society of Mechanical Engineers (ASME), 
International Standards Organization (ISO), Standards Australia (AS), 
British Standards (BS), Canadian Standards (CSA), European Standard (EN 
or CEN) and German Engineering Standards (VDI). The types of standards 
that are not considered VCS are standards developed by: the U.S. states, 
e.g., California (CARB) and Texas (TCEQ); industry groups, such as 
American Petroleum Institute (API), Gas Processors Association (GPA), 
and Gas Research Institute (GRI); and other branches of the U.S. 
government, e.g., Department of Defense (DOD) and Department of 
Transportation (DOT). This does not preclude EPA from using standards 
developed by groups that are not VCS bodies within an EPA rule. When 
this occurs, EPA has done searches and reviews for VCS equivalent to 
these non-VCS methods.

[[Page 198]]

    Wet flue gas desulfurization technology, or wet FGD, or wet scrubber 
means any add-on air pollution control device that is located downstream 
of the steam generating unit that mixes an aqueous stream or slurry with 
the exhaust gases from an EGU to control emissions of PM and/or to 
absorb and neutralize acid gases, such as SO2 and HCl.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, which is promulgated 
pursuant to CAA section 112(h).

[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23405, Apr. 19, 2012; 78 
FR 24087, Apr. 24, 2013]



  Sec. Table 1 to Subpart UUUUU of Part 63--Emission Limits for New or 
                           Reconstructed EGUs

    As stated inSec. 63.9991, you must comply with the following 
applicable emission limits:

----------------------------------------------------------------------------------------------------------------
                                                                                               Using these
                                                                                             requirements, as
                                                                   You must meet the        appropriate (e.g.,
                                          For the following        following emission       specified sampling
  If your EGU is in this subcategory          pollutants            limits and work         volume or test run
                                                                   practice standards         duration) and
                                                                                           limitations with the
                                                                                         test methods in Table 5
----------------------------------------------------------------------------------------------------------------
1. Coal-fired unit not low rank        a. Filterable            9.0E-2 lb/MWh \1\......  Collect a minimum of 4
 virgin coal.                           particulate matter                                dscm per run.
                                        (PM).
                                       OR                       OR
                                       Total non-Hg HAP metals  6.0E-2 lb/GWh..........  Collect a minimum of 4
                                                                                          dscm per run.
                                       OR                       OR
                                       Individual HAP metals:.  .......................  Collect a minimum of 3
                                                                                          dscm per run.
                                       Antimony (Sb)..........  8.0E-3 lb/GWh..........
                                       Arsenic (As)...........  3.0E-3 lb/GWh..........
                                       Beryllium (Be).........  6.0E-4 lb/GWh..........
                                       Cadmium (Cd)...........  4.0E-4 lb/GWh..........
                                       Chromium (Cr)..........  7.0E-3 lb/GWh..........
                                       Cobalt (Co)............  2.0E-3 lb/GWh..........
                                       Lead (Pb)..............  2.0E-2 lb/GWh..........
                                       Manganese (Mn).........  4.0E-3 lb/GWh..........
                                       Nickel (Ni)............  4.0E-2 lb/GWh..........
                                       Selenium (Se)..........  5.0E-2 lb/GWh..........
                                       b. Hydrogen chloride     1.0E-2 lb/MWh..........  For Method 26A, collect
                                        (HCl).                                            a minimum of 3 dscm
                                                                                          per run.