[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2017 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          
          
          
          Title 40

Protection of Environment


________________________

Part 63 (Sec. Sec.  63.600 to 63.1199)

                         Revised as of July 1, 2017

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2017
                    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........................     725
      Alphabetical List of Agencies Appearing in the CFR......     745
      List of CFR Sections Affected...........................     755

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 63.600 refers 
                       to title 40, part 63, 
                       section 600.

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

[[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 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
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the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
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inserted following the text.

OMB CONTROL NUMBERS

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

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
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PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
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previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
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This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
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CFR INDEXES AND TABULAR GUIDES

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separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
and Rules. A list of CFR titles, chapters, subchapters, and parts and an 
alphabetical list of agencies publishing in the CFR are also included in 
this volume.

[[Page vii]]

    An index to the text of ``Title 3--The President'' is carried within 
that volume.
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This index is based on a consolidation of the ``Contents'' entries in 
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    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

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in the Code of Federal Regulations.

INQUIRIES

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    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
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available at www.ecfr.gov.

    Oliver A. Potts,
    Director,
    Office of the Federal Register.
    July 1, 2017.







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-seven 
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-
60.499), part 60 (60.500-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 
72-79, part 80, part 81, parts 82-86, 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-
722, parts 723-789, parts 790-999, parts 1000-1059, and part 1060 to 
end. The contents of these volumes represent all current regulations 
codified under this title of the CFR as of July 1, 2017.

    Chapter I--Environmental Protection Agency appears in all thirty-
seven volumes. Regulations issued by the Council on Environmental 
Quality, including an Index to Parts 1500 through 1508, appear in the 
volume containing parts 1060 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 
John Hyrum Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




       (This book contains part 63, Sec. Sec.  63.600 to 63.1199)

  --------------------------------------------------------------------
                                                                    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 AA_National Emission Standards for Hazardous Air Pollutants from 
                  Phosphoric Acid Manufacturing Plants

Sec.
63.600 Applicability.
63.601 Definitions.
63.602 Standards and compliance dates.
63.603 [Reserved]
63.604 [Reserved]
63.605 Operating and monitoring requirements.
63.606 Performance tests and compliance provisions.
63.607 Notification, recordkeeping, and reporting requirements.
63.608 General requirements and applicability of general provisions of 
          this part.
63.609 [Reserved]
63.610 Exemption from new source performance standards.
63.611 Implementation and enforcement.

Table 1 to Subpart AA of Part 63--Existing Source Emission Limits
Table 2 to Subpart AA of Part 63--New Source Emission Limits
Table 3 to Subpart AA of Part 63--Monitoring Equipment Operating 
          Parameters
Table 4 to Subpart AA of Part 63--Operating Parameters, Operating Limits 
          and Data Monitoring, Recordkeeping and Compliance Frequencies
Table 5 to Subpart AA of Part 63--Calibration and Quality Control 
          Requirements for Continuous Parameter Monitoring System (CPMS)
Appendix A to Subpart AA of Part 63--Applicability of General Provisions 
          (40 CFR part 63, subpart A) to Subpart AA

Subpart BB_National Emission Standards for Hazardous Air Pollutants from 
                 Phosphate Fertilizers Production Plants

63.620 Applicability.
63.621 Definitions.
63.622 Standards and compliance dates.
63.623 [Reserved]
63.624 [Reserved]
63.625 Operating and monitoring requirements.
63.626 Performance tests and compliance provisions.
63.627 Notification, recordkeeping, and reporting requirements.
63.628 General requirements and applicability of general provisions of 
          this part.
63.629 Miscellaneous requirements.
63.630 [Reserved]
63.631 Exemption from new source performance standards.
63.632 Implementation and enforcement.

Table 1 to Subpart BB of Part 63--Existing Source Emission Limits
Table 2 to Subpart BB of Part 63--New Source Emission Limits
Table 3 to Subpart BB of Part 63--Monitoring Equipment Operating 
          Parameters
Table 4 to Subpart BB of Part 63--Operating Parameters, Operating Limits 
          and Data Monitoring, Recordkeeping and Compliance Frequencies
Table 5 to Subpart BB of Part 63--Calibration and Quality Control 
          Requirements for Continuous Parameter Monitoring Systems 
          (CPMS)
Appendix A to Subpart BB of Part 63--Applicability of General Provisions 
          (40 CFR part 63, subpart A) to Subpart BB

Subpart CC_National Emission Standards for Hazardous Air Pollutants From 
                          Petroleum Refineries

63.640 Applicability and designation of affected source.
63.641 Definitions.
63.642 General standards.
63.643 Miscellaneous process vent provisions.
63.644 Monitoring provisions for miscellaneous process vents.
63.645 Test methods and procedures for miscellaneous process vents.
63.646 Storage vessel provisions.
63.647 Wastewater provisions.
63.648 Equipment leak standards.
63.649 Alternative means of emission limitation: Connectors in gas/vapor 
          service and light liquid service.
63.650 Gasoline loading rack provisions.
63.651 Marine tank vessel loading operation provisions.
63.652 Emissions averaging provisions.
63.653 Monitoring, recordkeeping, and implementation plan for emissions 
          averaging.
63.654 Heat exchange systems.
63.655 Reporting and recordkeeping requirements.
63.656 Implementation and enforcement.
63.657 Delayed coking unit decoking operation standards.
63.658 Fenceline monitoring provisions.
63.660 Storage vessel provisions.
63.670 Requirements for flare control devices.

[[Page 6]]

63.671 Requirements for flare monitoring systems.
63.672-63.679 [Reserved]

Appendix to Subpart CC of Part 63--Tables

Subpart DD_National Emission Standards for Hazardous Air Pollutants from 
                 Off-Site Waste and Recovery Operations

63.680 Applicability and designation of affected sources.
63.681 Definitions.
63.682 [Reserved]
63.683 Standards: General.
63.684 Standards: Off-site material treatment.
63.685 Standards: Tanks.
63.686 Standards: Oil-water and organic-water separators.
63.687 Standards: Surface impoundments.
63.688 Standards: Containers.
63.689 Standards: Transfer systems.
63.690 Standards: Process vents.
63.691 Standards: Equipment leaks.
63.692 [Reserved]
63.693 Standards: Closed-vent systems and control devices.
63.694 Testing methods and procedures.
63.695 Inspection and monitoring requirements.
63.696 Recordkeeping requirements.
63.697 Reporting requirements.
63.698 Implementation and enforcement.

Table 1 to Subpart DD of Part 63--List of Hazardous Air Pollutants (HAP) 
          for Subpart DD
Table 2 to Subpart DD of Part 63--Applicability of Paragraphs in Subpart 
          A of This Part 63--General Provisions to Subpart DD
Table 3 to Subpart DD of Part 63--Tank Control Levels for Tanks at 
          Existing Affected Sources as Required by 40 CFR 63.685(b)(1)
Table 4 to Subpart DD of Part 63--Tank Control Levels for Tanks at 
          Existing Affected Sources as Required by 40 CFR 
          63.685(b)(1)(ii)
Table 5 to Subpart DD of Part 63--Tank Control Levels for Tanks at New 
          Affected Sources as Required by 40 CFR 63.685(b)(2)

 Subpart EE_National Emission Standards for Magnetic Tape Manufacturing 
                               Operations

63.701 Applicability.
63.702 Definitions.
63.703 Standards.
63.704 Compliance and monitoring requirements.
63.705 Performance test methods and procedures to determine initial 
          compliance.
63.706 Recordkeeping requirements.
63.707 Reporting requirements.
63.708 Implementation and enforcement.

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

Subpart FF [Reserved]

 Subpart GG_National Emission Standards for Aerospace Manufacturing and 
                            Rework Facilities

63.741 Applicability and designation of affected sources.
63.742 Definitions.
63.743 Standards: General.
63.744 Standards: Cleaning operations.
63.745 Standards: Primer, topcoat, and specialty coating application 
          operations.
63.746 Standards: Depainting operations.
63.747 Standards: Chemical milling maskant application operations.
63.748 Standards: Handling and storage of waste.
63.749 Compliance dates and determinations.
63.750 Test methods and procedures.
63.751 Monitoring requirements.
63.752 Recordkeeping requirements.
63.753 Reporting requirements.
63.754-63.758 [Reserved]
63.759 Implementation and enforcement.

Table 1 to Subpart GG of Part 63--General Provisions Applicability to 
          Subpart GG
Appendix A to Subpart GG of Part 63--Specialty Coating Definitions

Subpart HH_National Emission Standards for Hazardous Air Pollutants From 
                Oil and Natural Gas Production Facilities

63.760 Applicability and designation of affected source.
63.761 Definitions.
63.762 Affirmative defense for violations of emission standards during 
          malfunction.
63.763 [Reserved]
63.764 General standards.
63.765 Glycol dehydration unit process vent standards.
63.766 Storage vessel standards.
63.767-63.768 [Reserved]
63.769 Equipment leak standards.
63.770 [Reserved]
63.771 Control equipment requirements.
63.772 Test methods, compliance procedures, and compliance 
          determinations.
63.773 Inspection and monitoring requirements.
63.774 Recordkeeping requirements.
63.775 Reporting requirements.
63.776 Implementation and enforcement.
63.777 Alternative means of emission limitation.
63.778-63.779 [Reserved]

[[Page 7]]


Appendix to Subpart HH of Part 63--Tables

Subpart II_National Emission Standards for Shipbuilding and Ship Repair 
                            (Surface Coating)

63.780 Relationship of subpart II to subpart A of this part.
63.781 Applicability.
63.782 Definitions.
63.783 Standards.
63.784 Compliance dates.
63.785 Compliance procedures.
63.786 Test methods and procedures.
63.787 Notification requirements.
63.788 Recordkeeping and reporting requirements.
63.789 Implementation and enforcement.

Table 1 to Subpart II of Part 63--General Provisions of Applicability to 
          Subpart II
Table 2 to Subpart II of Part 63--Volatile Organic HAP (VOHAP) Limits 
          for Marine Coatings
Table 3 to Subpart II of Part 63--Summary of Recordkeeping and Reporting 
          Requirements
Appendix A to Subpart II of Part 63--VOC Data Sheet
Appendix B to Subpart II of Part 63--Maximum Allowable Thinning Rates As 
          A Function Of As Supplied VOC Content And Thinner Density

Subpart JJ_National Emission Standards for Wood Furniture Manufacturing 
                               Operations

63.800 Applicability.
63.801 Definitions.
63.802 Emission limits.
63.803 Work practice standards.
63.804 Compliance procedures and monitoring requirements.
63.805 Performance test methods.
63.806 Recordkeeping requirements.
63.807 Reporting requirements.
63.808 Implementation and enforcement.
63.809-63.819 [Reserved]

Table 1 to Subpart JJ of Part 63--General Provisions Applicability to 
          Subpart JJ
Table 2 to Subpart JJ of Part 63--List of Volatile Hazardous Air 
          Pollutants
Table 3 to Subpart JJ of Part 63--Summary of Emission Limits
Table 4 to Subpart JJ of Part 63--Pollutants Excluded From Use in 
          Cleaning and Washoff Solvents
Table 5 to Subpart JJ of Part 63--List of VHAP of Potential Concern 
          Identified by Industry
Table 6 to Subpart JJ of Part 63--VHAP of Potential Concern

 Subpart KK_National Emission Standards for the Printing and Publishing 
                                Industry

63.820 Applicability.
63.821 Designation of affected sources.
63.822 Definitions.
63.823 Standards: General.
63.824 Standards: Publication rotogravure printing.
63.825 Standards: Product and packaging rotogravure and wide-web 
          flexographic printing.
63.826 Compliance dates.
63.827 Performance test methods.
63.828 Monitoring requirements.
63.829 Recordkeeping requirements.
63.830 Reporting requirements.
63.831 Implementation and enforcement.
63.832-63.839 [Reserved]

Table 1 to Subpart KK of Part 63--Applicability of General Provisions to 
          Subpart KK
Appendix A to Subpart KK of Part 63--Data Quality Objective and Lower 
          Confidence Limit Approaches for Alternative Capture Efficiency 
          Protocols and Test Methods

Subpart LL_National Emission Standards for Hazardous Air Pollutants for 
                    Primary Aluminum Reduction Plants

63.840 Applicability.
63.841 [Reserved]
63.842 Definitions.
63.843 Emission limits for existing sources.
63.844 Emission limits for new or reconstructed sources.
63.845 Incorporation of new source performance standards for potroom 
          groups.
63.846 Emission averaging.
63.847 Compliance provisions.
63.848 Emission monitoring requirements.
63.849 Test methods and procedures.
63.850 Notification, reporting, and recordkeeping requirements.
63.851 Regulatory authority review procedures.
63.852 Applicability of general provisions.
63.853 Implementation and enforcement.
63.854 Work practice standards for potlines.
63.855 Alternative emissions limits for co-controlled new and existing 
          anode bake furnaces.
63.856-63.859 [Reserved]

Table 1 to Subpart LL of Part 63--Potline TF Limits for Emission 
          Averaging
Table 2 to Subpart LL of Part 63--Potline POM Limits for Emission 
          Averaging
Table 3 to Subpart LL of Part 63--Potline PM Limits for Emission 
          Averaging
Table 4 to Subpart LL of Part 63--Anode Bake Furnace Limits for Emission 
          Averaging

[[Page 8]]

Appendix A to Subpart LL of Part 63--Applicability of General Provisions 
          (40 CFR Part 63, Subpart A) to Subpart LL

Subpart MM_National Emission Standards for Hazardous Air Pollutants for 
Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-
                      Alone Semichemical Pulp Mills

63.860 Applicability and designation of affected source.
63.861 Definitions.
63.862 Standards.
63.863 Compliance dates.
63.864 Monitoring requirements.
63.865 Performance test requirements and test methods.
63.866 Recordkeeping requirements.
63.867 Reporting requirements.
63.868 Delegation of authority.

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

Subpart NN_National Emission Standards for Hazardous Air Pollutants for 
              Wool Fiberglass Manufacturing at Area Sources

63.880 Applicability.
63.881 Definitions.
63.882 Emission standards.
63.883 Monitoring requirements.
63.884 Performance test requirements.
63.885 Test methods and procedures.
63.886 Notification, recordkeeping, and reporting requirements.
63.887 Compliance dates.
63.888 Startups and shutdowns.
63.889-63.899 [Reserved]

Table 1 to Subpart NN of Part 63-- Applicability of General Provisions 
          (40 CFR part 63, Subpart A) to Subpart NN

        Subpart OO_National Emission Standards for Tanks_Level 1

63.900 Applicability.
63.901 Definitions.
63.902 Standards--Tank fixed roof.
63.903-63.904 [Reserved]
63.905 Test methods and procedures.
63.906 Inspection and monitoring requirements.
63.907 Recordkeeping requirements.
63.908 Implementation and enforcement.

          Subpart PP_National Emission Standards for Containers

63.920 Applicability.
63.921 Definitions.
63.922 Standards--Container Level 1 controls.
63.923 Standards--Container Level 2 controls.
63.924 Standards--Container Level 3 controls.
63.925 Test methods and procedures.
63.926 Inspection and monitoring requirements.
63.927 Recordkeeping requirements.
63.928 Reporting requirements.
63.929 Implementation and enforcement.

     Subpart QQ_National Emission Standards for Surface Impoundments

63.940 Applicability.
63.941 Definitions.
63.942 Standards--Surface impoundment floating membrane cover.
63.943 Standards--Surface impoundment vented to control device.
63.944 [Reserved]
63.945 Test methods and procedures.
63.946 Inspection and monitoring requirements.
63.947 Recordkeeping requirements.
63.948 Reporting requirements.
63.949 Implementation and enforcement.

   Subpart RR_National Emission Standards for Individual Drain Systems

63.960 Applicability.
63.961 Definitions.
63.962 Standards.
63.963 [Reserved]
63.964 Inspection and monitoring requirements.
63.965 Recordkeeping requirements.
63.966 Reporting requirements.
63.967 Implementation and enforcement.

Subpart SS_National Emission Standards for Closed Vent Systems, Control 
 Devices, Recovery Devices and Routing to a Fuel Gas System or a Process

63.980 Applicability.
63.981 Definitions.
63.982 Requirements.
63.983 Closed vent systems.
63.984 Fuel gas systems and processes to which storage vessel, transfer 
          rack, or equipment leak regulated materials emissions are 
          routed.
63.985 Nonflare control devices used to control emissions from storage 
          vessels and low throughput transfer racks.
63.986 Nonflare control devices used for equipment leaks only.
63.987 Flare requirements.
63.988 Incinerators, boilers, and process heaters.
63.989 [Reserved]
63.990 Absorbers, condensers, and carbon adsorbers used as control 
          devices.
63.991 [Reserved]
63.992 Implementation and enforcement.

[[Page 9]]

63.993 Absorbers, condensers, carbon adsorbers and other recovery 
          devices used as final recovery devices.
63.994 Halogen scrubbers and other halogen reduction devices.
63.995 Other control devices.
63.996 General monitoring requirements for control and recovery devices.
63.997 Performance test and compliance assessment requirements for 
          control devices.
63.998 Recordkeeping requirements.
63.999 Notifications and other reports.

Subpart TT_National Emission Standards for Equipment Leaks_Control Level 
                                    1

63.1000 Applicability.
63.1001 Definitions.
63.1002 Compliance assessment.
63.1003 Equipment identification.
63.1004 Instrument and sensory monitoring for leaks.
63.1005 Leak repair.
63.1006 Valves in gas and vapor service and in light liquid service 
          standards.
63.1007 Pumps in light liquid service standards.
63.1008 Connectors in gas and vapor service and in light liquid service 
          standards.
63.1009 Agitators in gas and vapor service and in light liquid service 
          standards.
63.1010 Pumps, valves, connectors, and agitators in heavy liquid 
          service; pressure relief devices in liquid service; and 
          instrumentation systems standards.
63.1011 Pressure relief devices in gas and vapor service standards.
63.1012 Compressor standards.
63.1013 Sampling connection systems standards.
63.1014 Open-ended valves or lines standards.
63.1015 Closed vent systems and control devices; or emissions routed to 
          a fuel gas system or process.
63.1016 Alternative means of emission limitation: Enclosed-vented 
          process units.
63.1017 Recordkeeping requirements.
63.1018 Reporting requirements.

Subpart UU_National Emission Standards for Equipment Leaks_Control Level 
                               2 Standards

63.1019 Applicability.
63.1020 Definitions.
63.1021 Alternative means of emission limitation.
63.1022 Equipment identification.
63.1023 Instrument and sensory monitoring for leaks.
63.1024 Leak repair.
63.1025 Valves in gas and vapor service and in light liquid service 
          standards.
63.1026 Pumps in light liquid service standards.
63.1027 Connectors in gas and vapor service and in light liquid service 
          standards.
63.1028 Agitators in gas and vapor service and in light liquid service 
          standards.
63.1029 Pumps, valves, connectors, and agitators in heavy liquid 
          service; pressure relief devices in liquid service; and 
          instrumentation systems standards.
63.1030 Pressure relief devices in gas and vapor service standards.
63.1031 Compressors standards.
63.1032 Sampling connection systems standards.
63.1033 Open-ended valves or lines standards.
63.1034 Closed vent systems and control devices; or emissions routed to 
          a fuel gas system or process standards.
63.1035 Quality improvement program for pumps.
63.1036 Alternative means of emission limitation: Batch processes.
63.1037 Alternative means of emission limitation: Enclosed vented 
          process units or affected facilities.
63.1038 Recordkeeping requirements.
63.1039 Reporting requirements.

Table 1 to Subpart UU of Part 63--Batch Processes Monitoring Frequency 
          for Equipment Other Than Connectors

  Subpart VV_National Emission Standards for Oil-Water Separators and 
                        Organic-Water Separators

63.1040 Applicability.
63.1041 Definitions.
63.1042 Standards--Separator fixed roof.
63.1043 Standards--Separator floating roof.
63.1044 Standards--Separator vented to control device.
63.1045 Standards--Pressurized separator.
63.1046 Test methods and procedures.
63.1047 Inspection and monitoring requirements.
63.1048 Recordkeeping requirements.
63.1049 Reporting requirements.
63.1050 Implementation and enforcement.

   Subpart WW_National Emission Standards for Storage Vessels (Tanks)_
                             Control Level 2

63.1060 Applicability.
63.1061 Definitions.
63.1062 Storage vessel control requirements.
63.1063 Floating roof requirements.
63.1064 Alternative means of emission limitation.
63.1065 Recordkeeping requirements.
63.1066 Reporting requirements.

[[Page 10]]

63.1067 Implementation and enforcement.

   Subpart XX_National Emission Standards for Ethylene Manufacturing 
        Process Units: Heat Exchange Systems and Waste Operations

                              Introduction

63.1080 What is the purpose of this subpart?
63.1081 When must I comply with the requirements of this subpart?

                               Definitions

63.1082 What definitions do I need to know?

                 Applicability for Heat Exchange Systems

63.1083 Does this subpart apply to my heat exchange system?
63.1084 What heat exchange systems are exempt from the requirements of 
          this subpart?

                    Heat Exchange System Requirements

63.1085 What are the general requirements for heat exchange systems?

            Monitoring Requirements for Heat Exchange Systems

63.1086 How must I monitor for leaks to cooling water?

              Repair Requirements for Heat Exchange Systems

63.1087 What actions must I take if a leak is detected?
63.1088 In what situations may I delay leak repair, and what actions 
          must I take for delay of repair?

   Recordkeeping and Reporting Requirements for Heat Exchange Systems

63.1089 What records must I keep?
63.1090 What reports must I submit?

                    Background for Waste Requirements

63.1091 What do the waste requirements do?
63.1092 What are the major differences between the requirements of 40 
          CFR part 61, subpart FF, and the waste requirements for 
          ethylene production sources?

                  Applicability for Waste Requirements

63.1093 Does this subpart apply to my waste streams?
63.1094 What waste streams are exempt from the requirements of this 
          subpart?

                           Waste Requirements

63.1095 What specific requirements must I comply with?
63.1096 What requirements must I comply with if I transfer waste off-
          site?

                     Implementation and Enforcement

63.1097 Who implements and enforces this subpart?

Table 1 to Subpart XX of Part 63--Hazardous Air Pollutants
Table 2 to Subpart XX of Part 63--Requirements of 40 CFR Part 61, 
          Subpart FF, Not Included in the Requirements for This Subpart 
          and Alternate Requirements

Subpart YY_National Emission Standards for Hazardous Air Pollutants for 
    Source Categories: Generic Maximum Achievable Control Technology 
                                Standards

63.1100 Applicability.
63.1101 Definitions.
63.1102 Compliance schedule.
63.1103 Source category-specific applicability, definitions, and 
          requirements.
63.1104 Process vents from continuous unit operations: applicability 
          assessment procedures and methods.
63.1105 Transfer racks.
63.1106 Wastewater provisions.
63.1107 Equipment leaks.
63.1108 Compliance with standards and operation and maintenance 
          requirements.
63.1109 Recordkeeping requirements.
63.1110 Reporting requirements.
63.1111 Startup, shutdown, and malfunction.
63.1112 Extension of compliance, and performance test, monitoring, 
          recordkeeping, and reporting waivers and alternatives.
63.1113 Procedures for approval of alternative means of emission 
          limitation.
63.1114 Implementation and enforcement.

Subparts ZZ-BBB [Reserved]

Subpart CCC_National Emission Standards for Hazardous Air Pollutants for 
Steel Pickling_HCl Process Facilities and Hydrochloric Acid Regeneration 
                                 Plants

63.1155 Applicability.
63.1156 Definitions.
63.1157 Emission standards for existing sources.
63.1158 Emission standards for new or reconstructed sources.
63.1159 Operational and equipment requirements for existing, new, or 
          reconstructed sources.
63.1160 Compliance dates and maintenance requirements.
63.1161 Performance testing and test methods.
63.1162 Monitoring requirements.
63.1163 Notification requirements.
63.1164 Reporting requirements.
63.1165 Recordkeeping requirements.
63.1166 Implementation and enforcement.
63.1167-63.1174 [Reserved]

[[Page 11]]


Table 1 to Subpart CCC of Part 63--Applicability of General Provisions 
          (40 CFR part 63, subpart A) to subpart CCC

Subpart DDD_National Emission Standards for Hazardous Air Pollutants for 
                         Mineral Wool Production

63.1175 What is the purpose of this subpart?
63.1176 Where can I find definitions of key words used in this subpart?
63.1177 Am I subject to this subpart?

                                Standards

63.1178 For cupolas, what standards must I meet?
63.1179 For curing ovens or combined collection/curing operations, what 
          standards must I meet?
63.1180 When must I meet these standards?

                        Compliance With Standards

63.1181 How do I comply with the particulate matter standards for 
          existing, new, and reconstructed cupolas?
63.1182 How do I comply with the carbon monoxide, carbonyl sulfide, 
          hydrogen fluoride, and hydrogen chloride standards for 
          existing, new, and reconstructed cupolas?
63.1183 How do I comply with the formaldehyde, phenol, and methanol 
          standards for existing, new, and reconstructed combined 
          collection/curing operations?

                    Additional Monitoring Information

63.1184 What do I need to know about the design specifications, 
          installation, and operation of a bag leak detection system?
63.1185 How do I establish the average operating temperature of an 
          incinerator?
63.1186 How may I change the compliance levels of monitored parameters?
63.1187 What do I need to know about operations, maintenance, and 
          monitoring plans?

                      Performance Tests and Methods

63.1188 What performance test requirements must I meet?
63.1189 What test methods do I use?
63.1190 How do I determine compliance?

               Notification, Recordkeeping, and Reporting

63.1191 What notifications must I submit?
63.1192 What recordkeeping requirements must I meet?
63.1193 What reports must I submit?

                   Other Requirements and Information

63.1194 Which general provisions apply?
63.1195 Who implements and enforces this subpart?
63.1196 What definitions should I be aware of?
63.1197 Startups and shutdowns.
63.1198-63.1199 [Reserved]

Table 1 to Subpart DDD of Part 63--Applicability of General Provisions 
          (40 CFR Part 63, Subpart A) to Subpart DDD of Part 63.
Table 2 to Subpart DDD of Part 63--Emissions Limits and Compliance Dates
Appendix A to Subpart DDD of Part 63--Free Formaldehyde Analysis of 
          Insulation Resins by the Hydroxylamine Hydrochloride Method.

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

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



Subpart AA_National Emission Standards for Hazardous Air Pollutants from 
                  Phosphoric Acid Manufacturing Plants

    Source: 80 FR 50436, Aug. 19, 2015, unless otherwise noted.



Sec.  63.600  Applicability.

    (a) Except as provided in paragraphs (c) and (d) of this section, 
you are subject to the requirements of this subpart if you own or 
operate a phosphoric acid manufacturing plant that is a major source as 
defined in Sec.  63.2. You must comply with the emission limitations, 
work practice standards, and operating parameter requirements specified 
in this subpart at all times.
    (b) The requirements of this subpart apply to emissions of hazardous 
air pollutants (HAP) emitted from the following affected sources at a 
phosphoric acid manufacturing plant:
    (1) Each wet-process phosphoric acid process line.
    (2) Each evaporative cooling tower.
    (3) Each phosphate rock dryer.
    (4) Each phosphate rock calciner.
    (5) Each superphosphoric acid process line.
    (6) Each purified phosphoric acid process line.
    (7) Each gypsum dewatering stack.
    (8) Each cooling pond.
    (c) The requirements of this subpart do not apply to a phosphoric 
acid manufacturing plant that is an area source as defined in Sec.  
63.2.

[[Page 12]]

    (d) The provisions of this subpart do not apply to research and 
development facilities as defined in Sec.  63.601.



Sec.  63.601  Definitions.

    Terms used in this subpart are defined in Sec.  63.2 of the Clean 
Air Act and in this section as follows:
    Active gypsum dewatering stack means a gypsum dewatering stack that 
is currently receiving gypsum, received gypsum within the last year, or 
is part of the facility's water management system. A gypsum dewatering 
stack that is considered closed by a state authority is not considered 
an active gypsum dewatering stack.
    Breakthrough means the point in time when the level of mercury 
detected at the outlet of an adsorber system is 90 percent of the 
highest concentration allowed to be discharged consistent with the 
applicable emission limit.
    Cooling pond means a natural or artificial open reservoir that is 
primarily used to collect and cool water that comes into direct contact 
with raw materials, intermediate products, by-products, waste products, 
or finished products from a phosphoric acid manufacturing plant. The 
water in the cooling pond is often used at phosphoric acid manufacturing 
plants as filter wash water, absorber water for air pollution control 
absorbers, and/or to transport phosphogypsum as slurry to a gypsum 
dewatering stack(s).
    Equivalent P2O5 feed means the quantity of 
phosphorus, expressed as phosphorus pentoxide 
(P2O5), fed to the process.
    Evaporative cooling tower means an open-water, re-circulating device 
that uses fans or natural draft to draw or force ambient air through the 
device to remove heat from process water by direct contact.
    Exceedance means a departure from an indicator range established for 
monitoring under this subpart, consistent with any averaging period 
specified for averaging the results of the monitoring.
    Existing source depends on the date that construction or 
reconstruction of an affected source commenced. A wet-process phosphoric 
acid process line, superphosphoric acid process line, phosphate rock 
dryer, phosphate rock calciner, evaporative cooling tower, or purified 
acid process line is an existing source if construction or 
reconstruction of the affected source commenced on or before December 
27, 1996. A gypsum dewatering stack or cooling pond is an existing 
source if it meets one of two criteria:
    (1) It was constructed or reconstructed on or before August 19, 
2015; or
    (2) It was constructed or reconstructed after August 19, 2015 and it 
was not required to obtain a permit by a state authority for the 
construction or reconstruction.
    Gypsum dewatering stack means any defined geographic area associated 
with a phosphoric acid manufacturing plant in which gypsum is disposed 
of or stored, other than within a fully enclosed building, container, or 
tank.
    Gypsum dewatering stack system means the gypsum dewatering stack, 
together with all pumps, piping, ditches, drainage conveyances, water 
control structures, collection pools, cooling ponds, surge ponds, 
auxiliary holding ponds, regional holding ponds and any other collection 
or conveyance system associated with the transport of gypsum from the 
plant to the gypsum dewatering stack, its management at the gypsum 
dewatering stack, and the process wastewater return to the phosphoric 
acid production or other process.
    HAP metals mean those metals and their compounds (in particulate or 
volatile form) that are included on the list of hazardous air pollutants 
in section 112 of the Clean Air Act. HAP metals include, but are not 
limited to: Antimony, arsenic, beryllium, cadmium, chromium, lead, 
manganese, nickel, and selenium expressed as particulate matter as 
measured by the methods and procedures in this subpart or an approved 
alternative method. For the purposes of this subpart, HAP metals (except 
mercury) are expressed as particulate matter as measured by Method 5 at 
40 CFR part 60, appendix A-3.
    New source depends on the date that construction or reconstruction 
of an affected source commences. A wet-process phosphoric acid process 
line, superphosphoric acid process line, phosphate rock dryer, phosphate 
rock calciner, evaporative cooling tower, or

[[Page 13]]

purified acid process line is a new source if construction or 
reconstruction of the affected source commenced after December 27, 1996. 
A gypsum dewatering stack or cooling pond is a new source if it meets 
two criteria:
    (1) It was constructed or reconstructed after August 19, 2015; and
    (2) It was required to obtain a permit by a state authority for the 
construction or reconstruction.
    Oxidation reactor means any equipment or step that uses an oxidizing 
agent (e.g., nitric acid, ammonium nitrate, or potassium permanganate) 
to treat superphosphoric acid.
    Phosphate rock calciner means the equipment used to remove moisture 
and organic matter from phosphate rock through direct or indirect 
heating.
    Phosphate rock dryer means the equipment used to reduce the moisture 
content of phosphate rock through direct or indirect heating.
    Phosphate rock feed means all material entering any phosphate rock 
dryer or phosphate rock calciner including moisture and extraneous 
material as well as the following ore materials: Fluorapatite, 
hydroxylapatite, chlorapatite, and carbonateapatite.
    Purified phosphoric acid process line means any process line that 
uses a HAP as a solvent in the separation of impurities from the product 
acid for the purposes of rendering that product suitable for industrial, 
manufacturing, or food grade uses. A purified phosphoric acid process 
line includes: solvent extraction process equipment, solvent stripping 
and recovery equipment, seal tanks, carbon treatment equipment, cooling 
towers, storage tanks, pumps, and process piping.
    Raffinate stream means the aqueous stream containing the impurities 
that are removed during the purification of wet-process phosphoric acid 
using solvent extraction.
    Research and development facility means research or laboratory 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and where the 
facility is not engaged in the manufacture of products for commercial 
sale in commerce or other off-site distribution, except in a de minimis 
manner.
    Rim ditch (cell) building technique means a gypsum dewatering stack 
construction technique that utilizes inner and outer dikes to direct 
gypsum slurry flow around the perimeter of the stack before directing 
the flow and allowing settling of finer materials into the settling 
compartment. For the purpose of this definition, the rim ditch (cell) 
building technique includes the compartment startup phase when gypsum is 
deposited directly into the settling compartment in preparation for 
ditch construction as well as the step-in or terminal phases when most 
solids must be directed to the settling compartment prior to stack 
closure. Decant return ditches are not rim ditches.
    Shutdown commences when feed materials cease to be added to an 
affected source and ends when the affected source is deactivated, 
regardless of whether feed material is present in the affected source.
    Startup commences when any feed material is first introduced into an 
affected source and ends when feed material is fully loaded into the 
affected source.
    Superphosphoric acid process line means any process line that 
concentrates wet-process phosphoric acid to 66 percent or greater 
P2O5 content by weight. A superphosphoric acid 
process line includes: evaporators, hot wells, acid sumps, oxidation 
reactors, and cooling tanks.
    Total fluorides means elemental fluorine and all fluoride compounds, 
including the HAP HF, as measured by reference methods specified in 40 
CFR part 60, appendix A, Method 13 A or B, or by equivalent or 
alternative methods approved by the Administrator pursuant to Sec.  
63.7(f).
    Wet-process phosphoric acid process line means any process line 
manufacturing phosphoric acid by reacting phosphate rock and acid. A 
wet-process phosphoric acid process line includes: reactors, filters, 
evaporators, and hot wells.

[[Page 14]]



Sec.  63.602  Standards and compliance dates.

    (a) On and after the dates specified in paragraphs (a)(1) through 
(6) of this section, for each wet-process phosphoric acid process line, 
superphosphoric acid process line, phosphate rock dryer, and phosphate 
rock calciner, you must comply with the emission limits as specified in 
paragraphs (a)(1) through (6) of this section. If a process line 
contains more than one emission point, you must sum the emissions from 
all emission points in a process line to determine compliance with the 
specified emission limits.
    (1) For each existing wet-process phosphoric acid process line, 
superphosphoric acid process line, and phosphate rock dryer that 
commenced construction or reconstruction on or before December 27, 1996, 
you must comply with the emission limits specified in Table 1 to this 
subpart beginning on June 10, 2002.
    (2) For each existing phosphate rock calciner that commenced 
construction or reconstruction on or before December 27, 1996, you must 
comply with the emission limits as specified in paragraphs (a)(2)(i) 
through (iii) of this section.
    (i) You must comply with the total particulate emission limit 
specified in Table 1 to this subpart beginning on June 10, 2002.
    (ii) You must comply with the mercury emission limit specified in 
Table 1 to this subpart beginning on August 19, 2015.
    (iii) You must comply with the total fluorides emission limit 
specified in Table 1 to this subpart beginning on August 19, 2015.
    (3) For each new wet-process phosphoric acid process line, 
superphosphoric acid process line, and phosphate rock dryer that 
commences construction or reconstruction after December 27, 1996 and on 
or before August 19, 2015, you must comply with the emission limits 
specified in Table 2 to this subpart beginning on June 10, 1999 or at 
startup, whichever is later.
    (4) For each new wet-process phosphoric acid process line, 
superphosphoric acid process line, and phosphate rock dryer that 
commences construction or reconstruction after August 19, 2015, you must 
comply with the emission limits specified in Table 2 to this subpart 
immediately upon startup.
    (5) For each new phosphate rock calciner that commences construction 
or reconstruction after December 27, 1996 and on or before August 19, 
2015, you must comply with the emission limits as specified in 
paragraphs (a)(5)(i) through (iii) of this section.
    (i) You must comply with the total particulate emission limit 
specified in Table 2 to this subpart beginning on June 10, 1999 or at 
startup, whichever is later.
    (ii) You must comply with the mercury emission limit specified in 
Table 2 to this subpart beginning on August 19, 2015, or upon startup, 
whichever is later.
    (iii) You must comply with the total fluorides emission limit 
specified in Table 2 to this subpart beginning on August 19, 2015, or 
upon startup, whichever is later.
    (6) For each new phosphate rock calciner that commences construction 
or reconstruction after August 19, 2015, you must comply with the 
emission limits specified in Table 2 to this subpart immediately upon 
startup.
    (b) For each existing purified phosphoric acid process line that 
commenced construction or reconstruction on or before December 27, 1996, 
you must comply with the provisions of subpart H of this part and 
paragraphs (b)(1) through (3) of this section beginning on June 10, 
2002. For each new purified phosphoric acid process line that commences 
construction or reconstruction after December 27, 1996, you must comply 
with the provisions of subpart H of this part and paragraphs (b)(1) 
through (3) of this section beginning on June 10, 1999 or at startup, 
whichever is later.
    (1) Maintain a 30-day rolling average of daily concentration 
measurements of methyl isobutyl ketone equal to or below 20 parts per 
million by weight (ppmw) for each product acid stream.
    (2) Maintain a 30-day rolling average of daily concentration 
measurements of methyl isobutyl ketone equal to or below 30 ppmw for 
each raffinate stream.
    (3) Maintain the daily average temperature of the exit gas stream 
from

[[Page 15]]

the chiller stack below 50 degrees Fahrenheit.
    (c) Beginning on June 10, 2002, you must not introduce into an 
existing evaporative cooling tower that commenced construction or 
reconstruction on or before December 27, 1996, any liquid effluent from 
any absorber installed to control emissions from process equipment. 
Beginning on June 10, 1999 or at startup, whichever is later, you must 
not introduce into a new evaporative cooling tower that commences 
construction or reconstruction after December 27, 1996, any liquid 
effluent from any absorber installed to control emissions from process 
equipment.
    (d) For each gypsum dewatering stack system, you must prepare, and 
operate in accordance with, a gypsum dewatering stack and cooling pond 
management plan that contains the information specified in paragraph (e) 
of this section beginning on August 19, 2016.
    (e) The gypsum dewatering stack and cooling pond management plan 
must include the information specified in paragraphs (e)(1) through (3) 
of this section. You must submit the gypsum dewatering stack and cooling 
pond management plan for approval to the Administrator as specified in 
paragraph (e)(4) of this section.
    (1) Location (including latitude and longitude of centroid in 
decimal degrees to four decimal places) of each gypsum dewatering stack 
and each cooling pond in the gypsum dewatering stack system.
    (2) Permitted maximum footprint acreage of each gypsum dewatering 
stack and each cooling pond in the gypsum dewatering stack system.
    (3) Control measures that you use to minimize fugitive hydrogen 
fluoride emissions from the gypsum dewatering stack system. If you 
operate one or more active gypsum dewatering stacks or cooling ponds 
that are considered new sources as defined in Sec.  63.601, then you 
must use, and include in the management plan, at least two of the 
control measures listed in paragraphs (e)(3)(i) through (vii) of this 
section for your gypsum dewatering stack system. If you only operate 
active gypsum dewatering stacks and cooling ponds that are considered 
existing sources as defined in Sec.  63.601, then you must use, and 
include in the management plan, at least one of the control measures 
listed in paragraphs (e)(3)(i) through (vii) of this section for your 
gypsum dewatering stack system.
    (i) For at least one cooling pond that is considered part of your 
gypsum dewatering stack system, you may choose to submerge the discharge 
pipe to a level below the surface of the cooling pond.
    (ii) For at least one cooling pond that is considered part of your 
gypsum dewatering stack system, you may choose to use lime (or any other 
caustic substance) to raise the pH of the liquid (e.g., the condensed 
vapors from the flash cooler and evaporators, and scrubbing liquid) 
discharged into the cooling pond. If you choose this control measure, 
then you must include in the plan the method used to raise the pH of the 
liquid discharged into the cooling pond, the target pH value (of the 
liquid discharged into the cooling pond) expected to be achieved by 
using the method, and the analyses used to determine and support the 
raise in pH.
    (iii) For all cooling ponds that are considered part of your gypsum 
dewatering stack system, you may choose to reduce the total cooling pond 
surface area based on a facility specific evaluation plan. If you choose 
this control measure, then you must include in the facility specific 
evaluation plan certified by an independent licensed professional 
engineer or similarly qualified individual. You must also include in the 
plan the method used to reduce total cooling pond footprint, the 
analyses used to determine and support the reduction in the total 
cooling pond surface area, and the amount of total cooling pond surface 
area that was reduced due to the facility specific evaluation plan.
    (iv) For at least one gypsum dewatering stack that is considered 
part of your gypsum dewatering stack system, you may choose to minimize 
the surface area of the gypsum pond associated with the active gypsum 
dewatering stack by using a rim ditch (cell) building technique or other 
building technique.

[[Page 16]]

    (v) For at least one gypsum dewatering stack that is considered part 
of your gypsum dewatering stack system, you may choose to apply slaked 
lime to the active gypsum dewatering stack surfaces. If you choose this 
control measure, then you must include in the plan the method used to 
determine the specific locations slaked lime is applied. The plan must 
also include the methods used to determine the quantity of, and when to 
apply, slaked lime (e.g., slaked lime may be applied to achieve a state 
ambient air standard for fluorides, measured as hydrogen fluoride).
    (vi) For at least one gypsum dewatering stack that is considered 
part of your gypsum dewatering stack system, you may choose to apply 
soil caps and vegetation, or a synthetic cover, to a portion of side 
slopes of the active gypsum dewatering stack. If you choose this control 
measure, then you must include in the plan the method used to determine 
the specific locations of soil caps and vegetation, or synthetic cover; 
and specify the acreage and locations where soil caps and vegetation, or 
synthetic cover, is applied. The plan must also include a schedule 
describing when soil caps and vegetation, or synthetic cover, is to be 
applied.
    (vii) For all gypsum dewatering stacks that are considered part of 
your gypsum dewatering stack system, you may choose to establish closure 
requirements that at a minimum, contain requirements for the specified 
items in paragraphs (e)(3)(vii)(A) and (B) of this section.
    (A) A specific trigger mechanism for when you must begin the closure 
process on the gypsum dewatering stack; and
    (B) A requirement to install a final cover. For purposes of this 
paragraph, final cover means the materials used to cover the top and 
sides of a gypsum dewatering stack upon closure.
    (4) You must submit your plan for approval to the Administrator at 
least 6 months prior to the compliance date specified in Sec.  
63.602(d), or with the permit application for modification, 
construction, or reconstruction. The plan must include details on how 
you will implement and show compliance with the control technique(s) 
that you have selected to use. The Administrator will approve or 
disapprove your plan within 90 days after receipt of the plan. To change 
any of the information submitted in the plan, you must submit a revised 
plan 60 days before the planned change is to be implemented in order to 
allow time for review and approval by the Administrator before the 
change is implemented.
    (f) Beginning on August 19, 2015, during periods of startup and 
shutdown (as defined in Sec.  63.601), you must comply with the work 
practice specified in this paragraph in lieu of the emission limits 
specified in paragraph (a) of this section. During periods of startup 
and shutdown, you must operate any control device(s) being used at the 
affected source, monitor the operating parameters specified in Table 3 
of this subpart, and comply with the operating limits specified in Table 
4 of this subpart.



Sec. Sec.  63.603-63.604  [Reserved]



Sec.  63.605  Operating and monitoring requirements.

    (a) For each wet-process phosphoric acid process line or 
superphosphoric acid process line subject to the provisions of this 
subpart, you must comply with the monitoring requirements specified in 
paragraphs (a)(1) and (2) of this section.
    (1) Install, calibrate, maintain, and operate a continuous 
monitoring system (CMS) according to your site-specific monitoring plan 
specified in Sec.  63.608(c). The CMS must have an accuracy of 5 percent over its operating range and must determine 
and permanently record the mass flow of phosphorus-bearing material fed 
to the process.
    (2) Maintain a daily record of equivalent P2O5 
feed. Calculate the equivalent P2O5 feed by 
determining the total mass rate, in metric ton/hour of phosphorus 
bearing feed, using the monitoring system specified in paragraph (a)(1) 
of this section and the procedures specified in Sec.  63.606(f)(3).
    (b) For each phosphate rock dryer or phosphate rock calciner subject 
to the provisions of this subpart, you must

[[Page 17]]

comply with the monitoring requirements specified in paragraphs (b)(1) 
and (2) of this section.
    (1) Install, calibrate, maintain, and operate a CMS according to 
your site-specific monitoring plan specified in Sec.  63.608(c). The CMS 
must have an accuracy of 5 percent over its 
operating range and must determine and permanently record either:
    (i) The mass flow of phosphorus-bearing feed material to the 
phosphate rock dryer or calciner, or
    (ii) The mass flow of product from the phosphate rock dryer or 
calciner.
    (2) Maintain the records specified in paragraphs (b)(2)(i) and (ii) 
of this section.
    (i) If you monitor the mass flow of phosphorus-bearing feed material 
to the phosphate rock dryer or calciner as specified in paragraph 
(b)(1)(i) of this section, maintain a daily record of phosphate rock 
feed by determining the total mass rate in metric tons/hour of 
phosphorus-bearing feed.
    (ii) If you monitor the mass flow of product from the phosphate rock 
dryer or calciner as specified in paragraph (b)(1)(ii) of this section, 
maintain a daily record of product by determining the total mass rate in 
metric ton/hour of product.
    (c) For each purified phosphoric acid process line, you must comply 
with the monitoring requirements specified in paragraphs (c)(1) and (2) 
of this section.
    (1) Install, calibrate, maintain, and operate a CMS according to 
your site-specific monitoring plan specified in Sec.  63.608(c). The CMS 
must continuously measure and permanently record the stack gas exit 
temperature for each chiller stack.
    (2) Measure and record the concentration of methyl isobutyl ketone 
in each product acid stream and each raffinate stream once each day.
    (d) If you use a control device(s) to comply with the emission 
limits specified in Table 1 or 2 of this subpart, you must install a 
continuous parameter monitoring system (CPMS) and comply with the 
requirements specified in paragraphs (d)(1) through (5) of this section.
    (1) You must monitor the operating parameter(s) applicable to the 
control device that you use as specified in Table 3 to this subpart and 
establish the applicable limit or range for the operating parameter 
limit as specified in paragraphs (d)(1)(i) and (ii) of this section, as 
applicable.
    (i) Except as specified in paragraph (d)(1)(ii) of this section, 
determine the value(s) as the arithmetic average of operating parameter 
measurements recorded during the three test runs conducted for the most 
recent performance test.
    (ii) If you use an absorber or a wet electrostatic precipitator to 
comply with the emission limits in Table 1 or 2 to this subpart and you 
monitor pressure drop across the absorber or secondary voltage for a wet 
electrostatic precipitator, you must establish allowable ranges using 
the methodology specified in paragraphs (d)(1)(ii)(A) and (B) of this 
section.
    (A) The allowable range for the daily averages of the pressure drop 
across an absorber, or secondary voltage for a wet electrostatic 
precipitator, is 20 percent of the baseline 
average value determined in paragraph (d)(1)(i) of this section. The 
Administrator retains the right to reduce the 20 
percent adjustment to the baseline average values of operating ranges in 
those instances where performance test results indicate that a source's 
level of emissions is near the value of an applicable emissions 
standard. However, the adjustment must not be reduced to less than 
10 percent under any instance.
    (B) As an alternative to paragraph (d)(1)(ii)(A) of this section, 
you may establish allowable ranges for the daily averages of the 
pressure drop across an absorber, or secondary voltage for an 
electrostatic precipitator, for the purpose of assuring compliance with 
this subpart using the procedures described in this paragraph. You must 
establish the allowable ranges based on the baseline average values 
recorded during previous performance tests, or the results of 
performance tests conducted specifically for the purposes of this 
paragraph. You must conduct all performance tests using the methods 
specified in Sec.  63.606. You must certify that the control devices and 
processes have not been modified since the date of the performance test 
from which you obtained the data used to establish the

[[Page 18]]

allowable ranges. When a source using the methodology of this paragraph 
is retested, you must determine new allowable ranges of baseline average 
values unless the retest indicates no change in the operating parameters 
outside the previously established ranges.
    (2) You must monitor, record, and demonstrate continuous compliance 
using the minimum frequencies specified in Table 4 to this subpart.
    (3) You must comply with the calibration and quality control 
requirements that are applicable to the operating parameter(s) you 
monitor as specified in Table 5 to this subpart.
    (4) If you use a non-regenerative adsorption system to achieve the 
mercury emission limits specified in Table 1 or 2 to this subpart, you 
must comply with the requirements specified in paragraph (e) of this 
section.
    (5) If you use a sorbent injection system to achieve the mercury 
emission limits specified in Table 1 or 2 to this subpart and you use a 
fabric filter to collect the associated particulate matter, the system 
must meet the requirements for fabric filters specified in paragraph (f) 
of this section.
    (e) If you use a non-regenerative adsorption system to achieve the 
mercury emission limits specified in Table 1 or 2 to this subpart, you 
must comply with the requirements specified in paragraphs (e)(1) through 
(3) of this section.
    (1) Determine the adsorber bed life (i.e., the expected life of the 
sorbent in the adsorption system) using the procedures specified in 
paragraphs (e)(1)(i) through (iv) of this section.
    (i) If the adsorber bed is expected (designed) to have a life of 
less than 2 years, determine the outlet concentration of mercury on a 
quarterly basis until breakthrough occurs for the first three adsorber 
bed change-outs. The adsorber bed life shall equal the average length of 
time between each of the three change-outs.
    (ii) If the adsorber bed is expected (designed) to have a life of 2 
years or greater, determine the outlet concentration of mercury on a 
semi-annual basis until breakthrough occurs for the first two adsorber 
bed change-outs. The adsorber bed life must equal the average length of 
time between each of the two change-outs.
    (iii) If more than one adsorber is operated in parallel, or there 
are several identical operating lines controlled by adsorbers, you may 
determine the adsorber bed life by measuring the outlet concentration of 
mercury from one of the adsorbers or adsorber systems rather than 
determining the bed life for each adsorber.
    (iv) The adsorber or adsorber system you select for the adsorber bed 
life test must have the highest expected inlet gas mercury concentration 
and the highest operating rate of any adsorber in operation at the 
affected source. During the test to determine adsorber bed life, you 
must use the fuel that contains the highest level of mercury in any 
fuel-burning unit associated with the adsorption system being tested.
    (2) You must replace the sorbent in each adsorber on or before the 
end of the adsorbent bed life, calculated in paragraph (e)(1) of this 
section.
    (3) You must re-establish the adsorber bed life if the sorbent is 
replaced with a different brand or type, or if any process changes are 
made that would lead to a shorter bed lifetime.
    (f) Beginning August 19, 2016, if you use a fabric filter system to 
comply with the emission limits specified in Table 1 or 2 to this 
subpart, then the fabric filter must be equipped with a bag leak 
detection system that is installed, calibrated, maintained, and 
continuously operated according to the requirements in paragraphs (f)(1) 
through (10) of this section.
    (1) Install a bag leak detection sensor(s) in a position(s) that 
will be representative of the relative or absolute particulate matter 
loadings for each exhaust stack, roof vent, or compartment (e.g., for a 
positive-pressure fabric filter) of the fabric filter.
    (2) Use a bag leak detection system certified by the manufacturer to 
be capable of detecting particulate matter emissions at concentrations 
of 1 milligram per actual cubic meter (0.00044 grains per actual cubic 
feet) or less.
    (3) Use a bag leak detection system equipped with a device to 
continuously record the output signal from the system sensor.

[[Page 19]]

    (4) Use a bag leak detection system equipped with a system that will 
trigger an alarm when an increase in relative particulate matter 
emissions over a preset level is detected. The alarm must be located 
such that the alert is observed readily by plant operating personnel.
    (5) Install a bag leak detection system in each compartment or cell 
for positive-pressure fabric filter systems that do not duct all 
compartments or cells to a common stack. Install a bag leak detector 
downstream of the fabric filter if a negative-pressure or induced-air 
filter system is used. If multiple bag leak detectors are required, the 
system's instrumentation and alarm may be shared among detectors.
    (6) Calibration of the bag leak detection system must, at a minimum, 
consist of establishing the baseline output level by adjusting the range 
and the averaging period of the device and establishing the alarm set 
points and the alarm delay time.
    (7) After initial adjustment, you must not adjust the sensitivity or 
range, averaging period, alarm set points, or alarm delay time except as 
established in your site-specific monitoring plan required in Sec.  
63.608(c). In no event may the sensitivity be increased more than 100 
percent or decreased by more than 50 percent over a 365-day period 
unless such adjustment follows a complete inspection of the fabric 
filter system that demonstrates that the system is in good operating 
condition.
    (8) Operate and maintain each fabric filter and bag leak detection 
system such that the alarm does not sound more than 5 percent of the 
operating time during a 6-month period. If the alarm sounds more than 5 
percent of the operating time during a 6-month period, it is considered 
an operating parameter exceedance. Calculate the alarm time (i.e., time 
that the alarm sounds) as specified in paragraphs (f)(8)(i) through 
(iii) of this section.
    (i) If inspection of the fabric filter demonstrates that corrective 
action is not required, the alarm duration is not counted in the alarm 
time calculation.
    (ii) If corrective action is required, each alarm time is counted as 
a minimum of 1 hour.
    (iii) If it takes longer than 1 hour to initiate corrective action, 
each alarm time is counted as the actual amount of time taken to 
initiate corrective action.
    (9) If the alarm on a bag leak detection system is triggered, you 
must initiate procedures within 1 hour of an alarm to identify the cause 
of the alarm and then initiate corrective action, as specified in Sec.  
63.608(d)(2), no later than 48 hours after an alarm. Failure to take 
these actions within the prescribed time periods is considered a 
violation.
    (10) Retain records of any bag leak detection system alarm, 
including the date, time, duration, and the percent of the total 
operating time during each 6-month period that the alarm sounds, with a 
brief explanation of the cause of the alarm, the corrective action 
taken, and the schedule and duration of the corrective action.
    (g) If you choose to directly monitor mercury emissions instead of 
using CPMS as specified in paragraph (d) of this section, then you must 
install and operate a mercury CEMS in accordance with Performance 
Specification 12A of appendix B to part 60 of this chapter, or a sorbent 
trap-based integrated monitoring system in accordance with Performance 
Specification 12B of appendix B to part 60 of this chapter. You must 
continuously monitor mercury emissions as specified in paragraphs (g)(1) 
through (4) of this section.
    (1) The span value for any mercury CEMS must include the intended 
upper limit of the mercury concentration measurement range during normal 
operation, which may be exceeded during other short-term conditions 
lasting less than 24 consecutive operating hours. However, the span 
should be at least equivalent to approximately two times the emissions 
standard. You may round the span value to the nearest multiple of 10 
micrograms per cubic meter of total mercury.
    (2) You must operate and maintain each mercury CEMS or sorbent trap-
based integrated monitoring system according to the quality assurance 
requirements specified in Procedure 5 of appendix F to part 60 of this 
chapter.
    (3) You must conduct relative accuracy testing of mercury monitoring

[[Page 20]]

systems, as specified in Performance Specification 12A, Performance 
Specification 12B, or Procedure 5 of appendix B to part 60 of this 
chapter, at normal operating conditions.
    (4) If you use a mercury CEMS, you must install, operate, calibrate, 
and maintain an instrument for continuously measuring and recording the 
exhaust gas flow rate to the atmosphere according to your site-specific 
monitoring plan specified in Sec.  63.608(c).



Sec.  63.606  Performance tests and compliance provisions.

    (a) You must conduct an initial performance test to demonstrate 
compliance with the applicable emission limits specified in Tables 1 and 
2 to this subpart, within 180 days of the applicable compliance date 
specified in Sec.  63.602.
    (b) After you conduct the initial performance test specified in 
paragraph (a) of this section, you must conduct a performance test once 
per calendar year.
    (c) For affected sources (as defined in Sec.  63.600) that have not 
operated since the previous annual performance test was conducted and 
more than 1 year has passed since the previous performance test, you 
must conduct a performance test no later than 180 days after the re-
start of the affected source according to the applicable provisions in 
Sec.  63.7(a)(2).
    (d)(1) You must conduct the performance tests specified in this 
section at representative (normal) conditions for the process. 
Representative (normal) conditions means those conditions that:
    (i) Represent the range of combined process and control measure 
conditions under which the facility expects to operate (regardless of 
the frequency of the conditions); and
    (ii) Are likely to most challenge the emissions control measures of 
the facility with regard to meeting the applicable emission standards, 
but without creating an unsafe condition. Operations during startup, 
shutdown, and malfunction do not constitute representative (normal) 
operating conditions for purposes of conducting a performance test.
    (2) You must record the process information that is necessary to 
document the operating conditions during the test and include in such 
record an explanation to support that such conditions represent 
representative (normal) conditions. Upon request, you must make 
available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
    (e) In conducting all performance tests, you must use as reference 
methods and procedures the test methods in 40 CFR part 60, appendix A, 
or other methods and procedures as specified in this section, except as 
provided in Sec.  63.7(f).
    (f) You must determine compliance with the applicable total 
fluorides standards specified in Tables 1 and 2 to this subpart as 
specified in paragraphs (f)(1) through (3) of this section.
    (1) Compute the emission rate (E) of total fluorides for each run 
using Equation AA-1:
[GRAPHIC] [TIFF OMITTED] TR19AU15.000

Where:

E = Emission rate of total fluorides, gram/metric ton (pound/ton) of 
          equivalent P2O5 feed.
Ci = Concentration of total fluorides from emission point 
          ``i,'' milligram/dry standard cubic meter (milligram/dry 
          standard cubic feet).
Qi = Volumetric flow rate of effluent gas from emission point 
          ``i,'' dry standard cubic meter/hour (dry standard cubic feet/
          hour).
N = Number of emission points associated with the affected facility.
P = Equivalent P2O5 feed rate, metric ton/hour 
          (ton/hour).

[[Page 21]]

K = Conversion factor, 1000 milligram/gram (453,600 milligram/pound).

    (2) You must use Method 13A or 13B (40 CFR part 60, appendix A) to 
determine the total fluorides concentration (Ci) and the 
volumetric flow rate (Qi) of the effluent gas at each 
emission point. The sampling time for each run at each emission point 
must be at least 60 minutes. The sampling volume for each run at each 
emission point must be at least 0.85 dscm (30 dscf). If Method 13B is 
used, the fusion of the filtered material described in Section 7.3.1.2 
and the distillation of suitable aliquots of containers 1 and 2, 
described in section 7.3.3 and 7.3.4 in Method 13 A, may be omitted.
    (3) Compute the equivalent P2O5 feed rate (P) 
using Equation AA-2:
[GRAPHIC] [TIFF OMITTED] TR19AU15.001

Where:

P = P2O5 feed rate, metric ton/hr (ton/hour).
Mp = Total mass flow rate of phosphorus-bearing feed, metric 
          ton/hour (ton/hour).
Rp = P2O5 content, decimal fraction.

    (i) Determine the mass flow rate (Mp) of the phosphorus-
bearing feed using the measurement system described in Sec.  63.605(a).
    (ii) Determine the P2O5 content 
(Rp) of the feed using, as appropriate, the following methods 
specified in Methods Used and Adopted By The Association of Florida 
Phosphate Chemists (incorporated by reference, see Sec.  63.14) where 
applicable:
    (A) Section IX, Methods of Analysis for Phosphate Rock, No. 1 
Preparation of Sample.
    (B) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method A--Volumetric Method.
    (C) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method B--Gravimetric 
Quimociac Method.
    (D) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method C--Spectrophotometric 
Method.
    (E) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method A--Volumetric 
Method.
    (F) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method B--Gravimetric 
Quimociac Method.
    (G) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method C--
Spectrophotometric Method.
    (g) You must demonstrate compliance with the applicable particulate 
matter standards specified in Tables 1 and 2 to this subpart as 
specified in paragraphs (g)(1) through (3) of this section.
    (1) Compute the emission rate (E) of particulate matter for each run 
using Equation AA-3:
[GRAPHIC] [TIFF OMITTED] TR19AU15.002

Where:

E = Emission rate of particulate matter, kilogram/megagram (pound/ton) 
          of phosphate rock feed.
C = Concentration of particulate matter, gram/dry standard cubic meter 
          (gram/dry standard cubic feet).
Q = Volumetric flow rate of effluent gas, dry standard cubic meter/hour 
          (dry standard cubic feet/hour).
P = Phosphate rock feed rate, megagram/hour (ton/hour).
K = Conversion factor, 1000 grams/kilogram (453.6 grams/pound).


[[Page 22]]


    (2) Use Method 5 at 40 CFR part 60, appendix A-3 to determine the 
particulate matter concentration (C) and volumetric flow rate (Q) of the 
effluent gas. Except as specified in paragraph (h) of this section, the 
sampling time and sample volume for each run must be at least 60 minutes 
and 0.85 dry standard cubic meter (30 dry standard cubic feet).
    (3) Use the CMS described in Sec.  63.605(b) to determine the 
phosphate rock feed rate (P) for each run.
    (h) To demonstrate compliance with the particulate matter standards 
for phosphate rock calciners specified in Tables 1 and 2 to this 
subpart, you must use Method 5 at 40 CFR part 60, appendix A-3 to 
determine the particulate matter concentration. The sampling volume for 
each test run must be at least 1.70 dry standard cubic meter.
    (i) To demonstrate compliance with the mercury emission standards 
for phosphate rock calciners specified in Tables 1 and 2 to this 
subpart, you must use Method 30B at 40 CFR part 60, appendix A-8 to 
determine the mercury concentration, unless you use a CEMS to 
demonstrate compliance. If you use a non-regenerative adsorber to 
control mercury emissions, you must use this test method to determine 
the expected bed life as specified in Sec.  63.605(e)(1).
    (j) If you choose to monitor the mass flow of product from the 
phosphate rock dryer or calciner as specified in Sec.  63.605(b)(1)(ii), 
you must either:
    (1) Simultaneously monitor the feed rate and output rate of the 
phosphate rock dryer or calciner during the performance test, or
    (2) Monitor the output rate and the input and output moisture 
contents of the phosphate rock dryer or calciner during the performance 
test and calculate the corresponding phosphate rock dryer or calciner 
input rate.
    (k) For sorbent injection systems, you must conduct the performance 
test at the outlet of the fabric filter used for sorbent collection. You 
must monitor and record operating parameter values for the fabric filter 
during the performance test. If the sorbent is replaced with a different 
brand or type of sorbent than was used during the performance test, you 
must conduct a new performance test.
    (l) If you use a mercury CEMS as specified in Sec.  63.605(g), or 
paragraph (i) of this section, you must demonstrate initial compliance 
based on the first 30 operating days during which you operate the 
affected source using a CEMS. You must obtain hourly mercury 
concentration and stack gas volumetric flow rate data.
    (m) If you use a CMS, you must conduct a performance evaluation, as 
specified in Sec.  63.8(e), in accordance with your site-specific 
monitoring plan in Sec.  63.608(c). For fabric filters, you must conduct 
a performance evaluation of the bag leak detection system consistent 
with the guidance provided in Office Of Air Quality Planning And 
Standards (OAQPS), Fabric Filter Bag Leak Detection Guidance 
(incorporated by reference, see Sec.  63.14). You must record the 
sensitivity of the bag leak detection system to detecting changes in 
particulate matter emissions, range, averaging period, and alarm set 
points during the performance test.



Sec.  63.607  Notification, recordkeeping, and reporting requirements.

    (a) You must comply with the notification requirements specified in 
Sec.  63.9. During the most recent performance test, if you demonstrate 
compliance with the emission limit while operating your control device 
outside the previously established operating limit, you must establish a 
new operating limit based on that most recent performance test and 
notify the Administrator that the operating limit changed based on data 
collected during the most recent performance test. When a source is 
retested and the performance test results are submitted to the 
Administrator pursuant to paragraph (b)(1) of this section, Sec.  
63.7(g)(1), or Sec.  63.10(d)(2), you must indicate whether the 
operating limit is based on the new performance test or the previously 
established limit. Upon establishment of a new operating limit, you must 
thereafter operate under the new operating limit. If the Administrator 
determines that you did not conduct the compliance test in accordance 
with the applicable requirements or that the operating limit established 
during the performance test does not correspond to representative 
(normal) conditions,

[[Page 23]]

you must conduct a new performance test and establish a new operating 
limit.
    (b) You must comply with the reporting and recordkeeping 
requirements in Sec.  63.10 as specified in paragraphs (b)(1) through 
(5) of this section.
    (1) You must comply with the general recordkeeping requirements in 
Sec.  63.10(b)(1).
    (2) As required by Sec.  63.10(d), you must report the results of 
the initial and subsequent performance tests as part of the notification 
of compliance status required in Sec.  63.9(h). You must verify in the 
performance test reports that the operating limits for each process have 
not changed or provide documentation of revised operating limits 
established according to Sec.  63.605, as applicable. In the 
notification of compliance status, you must also:
    (i) Certify to the Administrator annually that you have complied 
with the evaporative cooling tower requirements specified in Sec.  
63.602(c).
    (ii) Submit analyses and supporting documentation demonstrating 
conformance with the Office Of Air Quality Planning And Standards 
(OAQPS), Fabric Filter Bag Leak Detection Guidance (incorporated by 
reference, see Sec.  63.14) and specifications for bag leak detection 
systems as part of the notification of compliance status report.
    (iii) Submit the gypsum dewatering stack and cooling pond management 
plan specified in Sec.  63.602(e).
    (iv) If you elect to demonstrate compliance by following the 
procedures in Sec.  63.605(d)(1)(ii)(B), certify to the Administrator 
annually that the control devices and processes have not been modified 
since the date of the performance test from which you obtained the data 
used to establish the allowable ranges.
    (v) Each time a gypsum dewatering stack is closed, certify to the 
Administrator within 90 days of closure, that the final cover of the 
closed gypsum dewatering stack is a drought resistant vegetative cover 
that includes a barrier soil layer that will sustain vegetation.
    (3) As required by Sec.  63.10(e)(3), you must submit an excess 
emissions report for any exceedance of an emission limit, work practice 
standard, or operating parameter limit if the total duration of the 
exceedances for the reporting period is 1 percent of the total operating 
time for the reporting period or greater. The report must contain the 
information specified in Sec.  63.10 and paragraph (b)(4) of this 
section. When exceedances of an emission limit or operating parameter 
have not occurred, you must include such information in the report. You 
must submit the report semiannually and the report must be delivered or 
postmarked by the 30th day following the end of the calendar half. If 
you report exceedances, you must submit the excess emissions report 
quarterly until a request to reduce reporting frequency is approved as 
described in Sec.  63.10(e)(3)(ii).
    (4) In the event that an affected unit fails to meet an applicable 
standard, record and report the following information for each failure:
    (i) The date, time and duration of the failure.
    (ii) A list of the affected sources or equipment for which a failure 
occurred.
    (iii) An estimate of the volume of each regulated pollutant emitted 
over any emission limit.
    (iv) A description of the method used to estimate the emissions.
    (v) A record of actions taken to minimize emissions in accordance 
with Sec.  63.608(b), and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (5) You must submit a summary report containing the information 
specified in Sec.  63.10(e)(3)(vi). You must submit the summary report 
semiannually and the report must be delivered or postmarked by the 30th 
day following the end of the calendar half.
    (c) Your records must be in a form suitable and readily available 
for expeditious review. You must keep each record for 5 years following 
the date of each recorded action. You must keep each record on site, or 
accessible from a central location by computer or other means that 
instantly provides access at the site, for at least 2 years after the 
date of each recorded action. You may keep the records off site for the 
remaining 3 years.
    (d) In computing averages to determine compliance with this subpart, 
you must exclude the monitoring data

[[Page 24]]

specified in paragraphs (d)(1) and (2) of this section.
    (1) Periods of non-operation of the process unit;
    (2) Periods of no flow to a control device; and any monitoring data 
recorded during CEMS or continuous parameter monitoring system (CPMS) 
breakdowns, out-of-control periods, repairs, maintenance periods, 
instrument adjustments or checks to maintain precision and accuracy, 
calibration checks, and zero (low-level), mid-level (if applicable), and 
high-level adjustments.
    (e) Within 60 days after the date of completing each performance 
test (as defined in Sec.  63.2) required by this subpart, you must 
submit the results of the performance tests, including any associated 
fuel analyses, following the procedure specified in either paragraph 
(e)(1) or (2) of this section.
    (1) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(http://www.epa.gov/ttn/chief/ert/index.html), you must submit the 
results of the performance test to the EPA via the Compliance and 
Emissions Data Reporting Interface (CEDRI). CEDRI can be accessed 
through the EPA's Central Data Exchange (CDX) (http://cdx.epa.gov/epa--
home.asp). Performance test data must be submitted in a file format 
generated through the use of the EPA's ERT. Alternatively, you may 
submit performance test data in an electronic file format consistent 
with the extensible markup language (XML) schema listed on the EPA's ERT 
Web site once the XML schema is available. If you claim that some of the 
performance test information being submitted is confidential business 
information (CBI), you must submit a complete file generated through the 
use of the EPA's ERT or an alternate electronic file consistent with the 
XML schema listed on the EPA's ERT Web site, including information 
claimed to be CBI, on a compact disc, flash drive, or other commonly 
used electronic storage media to the EPA. The electronic media must be 
clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, 
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI 
omitted must be submitted to the EPA via the EPA's CDX as described 
earlier in this paragraph.
    (2) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT Web site, you must submit the 
results of the performance test to the Administrator at the appropriate 
address listed in Sec.  63.13.
    (f) Within 60 days after the date of completing each continuous 
emissions monitoring system performance evaluation (as defined in Sec.  
63.2), you must submit the results of the performance evaluation 
following the procedure specified in either paragraph (f)(1) or (2) of 
this section.
    (1) For performance evaluations of continuous monitoring systems 
measuring relative accuracy test audit (RATA) pollutants that are 
supported by the EPA's ERT as listed on the EPA's ERT Web site, you must 
submit the results of the performance evaluation to the EPA via the 
CEDRI. (CEDRI can be accessed through the EPA's CDX.) Performance 
evaluation data must be submitted in a file format generated through the 
use of the EPA's ERT. Alternatively, you may submit performance 
evaluation data in an electronic file format consistent with the XML 
schema listed on the EPA's ERT Web site once the XML schema is 
available. If you claim that some of the performance evaluation 
information being transmitted is CBI, you must submit a complete file 
generated through the use of the EPA's ERT or an alternate electronic 
file consistent with the XML schema listed on the EPA's ERT Web site, 
including information claimed to be CBI, on a compact disc, flash drive, 
or other commonly used electronic storage media to the EPA. The 
electronic storage media must be clearly marked as CBI and mailed to 
U.S. EPA/OAPQS/CORE CBI Office, Attention: Group Leader, Measurement 
Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
ERT or alternate file with the CBI omitted must be submitted to the EPA 
via the EPA's CDX as described earlier in this paragraph.
    (2) For any performance evaluations of continuous monitoring systems

[[Page 25]]

measuring RATA pollutants that are not supported by the EPA's ERT as 
listed on the EPA's ERT Web site, you must submit the results of the 
performance evaluation to the Administrator at the appropriate address 
listed in Sec.  63.13.



Sec.  63.608  General requirements and applicability of general provisions 
of this part.

    (a) You must comply with the general provisions in subpart A of this 
part as specified in appendix A to this subpart.
    (b) At all times, you must operate and maintain any affected source, 
including associated air pollution control equipment and monitoring 
equipment, in a manner consistent with safety and good air pollution 
control practices for minimizing emissions. The general duty to minimize 
emissions does not require you to make any further efforts to reduce 
emissions if levels required by this standard have been achieved. 
Determination by the Administrator of whether a source is operating in 
compliance with operation and maintenance requirements will be based on 
information available to the Administrator that may include, but is not 
limited to, monitoring results, review of operation and maintenance 
procedures, review of operation and maintenance records, and inspection 
of the source.
    (c) For each CMS (including CEMS or CPMS) used to demonstrate 
compliance with any applicable emission limit or work practice, you must 
develop, and submit to the Administrator for approval upon request, a 
site-specific monitoring plan according to the requirements specified in 
paragraphs (c)(1) through (3) of this section. You must submit the site-
specific monitoring plan, if requested by the Administrator, at least 60 
days before the initial performance evaluation of the CMS. The 
requirements of this paragraph also apply if a petition is made to the 
Administrator for alternative monitoring parameters under Sec.  63.8(f).
    (1) You must include the information specified in paragraphs 
(c)(1)(i) through (vi) of this section in the site-specific monitoring 
plan.
    (i) Location of the CMS sampling probe or other interface. You must 
include a justification demonstrating that the sampling probe or other 
interface is at a measurement location relative to each affected process 
unit such that the measurement is representative of control of the 
exhaust emissions (e.g., on or downstream of the last control device).
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction systems.
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations).
    (iv) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec.  63.8(c)(1)(ii), (c)(3), (c)(4)(ii), 
and Table 4 to this subpart.
    (v) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec.  63.8(d)(1) and (2) and Table 5 to this 
subpart.
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  63.10(c), (e)(1), and (e)(2)(i).
    (2) You must include a schedule for conducting initial and 
subsequent performance evaluations in the site-specific monitoring plan.
    (3) You must keep the site-specific monitoring plan on site for the 
life of the affected source or until the affected source is no longer 
subject to the provisions of this part, to be made available for 
inspection, upon request, by the Administrator. If you revise the site-
specific monitoring plan, you must keep previous (i.e., superseded) 
versions of the plan on site to be made available for inspection, upon 
request, by the Administrator, for a period of 5 years after each 
revision to the plan. You must include the program of corrective action 
required under Sec.  63.8(d)(2) in the plan.
    (d) For each bag leak detection system installed to comply with the 
requirements specified in Sec.  63.605(f), you must include the 
information specified in paragraphs (d)(1) and (2) of this section in 
the site-specific monitoring plan specified in paragraph (c) of this 
section.
    (1) Performance evaluation procedures and acceptance criteria (e.g.,

[[Page 26]]

calibrations), including how the alarm set point will be established.
    (2) A corrective action plan describing corrective actions to be 
taken and the timing of those actions when the bag leak detection alarm 
sounds. Corrective actions may include, but are not limited to, the 
actions specified in paragraphs (d)(2)(i) through (vi) of this section.
    (i) Inspecting the fabric filter for air leaks, torn or broken bags 
or filter media, or any other conditions that may cause an increase in 
regulated material 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 fabric filter compartment.
    (v) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system.
    (vi) Shutting down the process controlled by the fabric filter.



Sec.  63.609  [Reserved]



Sec.  63.610  Exemption from new source performance standards.

    Any affected source subject to the provisions of this subpart is 
exempted from any otherwise applicable new source performance standard 
contained in 40 CFR part 60, subpart T, subpart U, or subpart NN. To be 
exempt, a source must have a current operating permit pursuant to title 
V of the Clean Air Act and the source must be in compliance with all 
requirements of this subpart. For each affected source, this exemption 
is upon the date that you demonstrate to the Administrator that the 
requirements of Sec. Sec.  63.605 and 63.606 have been met.



Sec.  63.611  Implementation and enforcement.

    (a) This subpart is implemented and enforced by the U.S. EPA, or a 
delegated authority such as the applicable state, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
state, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a state, 
local, or Tribal agency.
    (b) The authorities specified in paragraphs (b)(1) through (5) of 
this section are retained by the Administrator of U.S. EPA and cannot be 
delegated to State, local, or Tribal agencies.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.600, 63.602, 63.605, and 63.610.
    (2) Approval of requests under Sec. Sec.  63.7(e)(2)(ii) and 63.7 
(f) for alternative requirements or major changes to the test methods 
specified in this subpart, as defined in Sec.  63.90.
    (3) Approval of requests under Sec.  63.8(f) for alternative 
requirements or major changes to the monitoring requirements specified 
in this subpart, as defined in Sec.  63.90.
    (4) Waiver or approval of requests under Sec.  63.10(f) for 
alternative requirements or major changes to the recordkeeping and 
reporting requirements specified in this subpart, as defined in Sec.  
63.90.
    (5) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.



 Sec. Table 1 to Subpart AA of Part 63--Existing Source Emission Limits 
                             a b

----------------------------------------------------------------------------------------------------------------
                                          You must meet the emission limits for the specified pollutant . . .
 For the following existing sources . --------------------------------------------------------------------------
                 . .                       Total fluorides         Total particulate             Mercury
----------------------------------------------------------------------------------------------------------------
Wet-Process Phosphoric Acid Line.....  0.020 lb/ton of
                                        equivalent P2O5 feed.
Superphosphoric Acid Process Line \c\  0.010 lb/ton of
                                        equivalent P2O5 feed.
Superphosphoric Acid Submerged Line    0.20 lb/ton of
 with a Submerged Combustion Process.   equivalent P2O5 feed.

[[Page 27]]

 
Phosphate Rock Dryer.................  .......................  0.2150 lb/ton of
                                                                 phosphate rock feed.
Phosphate Rock Calciner..............  9.0E-04 lb/ton of rock   0.181 g/dscm...........  0.14 mg/dscm corrected
                                        feed \d\.                                         to 3 percent oxygen
                                                                                          \d\
----------------------------------------------------------------------------------------------------------------
\a\ The existing source compliance date is June 10, 2002, except as noted.
\b\ During periods of startup and shutdown, for emission limits stated in terms of pounds of pollutant per ton
  of feed, you are subject to the work practice standards specified in Sec.   63.602(f).
\c\ Beginning on August 19, 2016, you must include oxidation reactors in superphosphoric acid process lines when
  determining compliance with the total fluorides limit.
\d\ Compliance date is August 19, 2015.



   Sec. Table 2 to Subpart AA of Part 63--New Source Emission Limits 
                             a b

----------------------------------------------------------------------------------------------------------------
                                          You must meet the emissions limits for the specified pollutant . . .
 For the following new sources . . .  --------------------------------------------------------------------------
                                           Total fluorides         Total particulate             Mercury
----------------------------------------------------------------------------------------------------------------
Wet-Process Phosphoric Acid Line.....  0.0135 lb/ton of
                                        equivalent P2O5 feed.
Superphosphoric Acid Process Line \c\  0.00870 lb/ton of
                                        equivalent P2O5 feed.
Phosphate Rock Dryer.................  .......................  0.060 lb/ton of
                                                                 phosphate rock feed.
Phosphate Rock Calciner..............  9.0E-04 lb/ton of rock   0.092 g/dscm...........  0.014 mg/dscm corrected
                                        feed.                                             to 3 percent oxygen
----------------------------------------------------------------------------------------------------------------
\a\ The new source compliance dates are based on date of construction or reconstruction as specified in Sec.
  63.602(a).
\b\ During periods of startup and shutdown, for emission limits stated in terms of pounds of pollutant per ton
  of feed, you are subject to the work practice standards specified in Sec.   63.602(f).
\c\ Beginning on August 19, 2016, you must include oxidation reactors in superphosphoric acid process lines when
  determining compliance with the total fluorides limit.



 Sec. Table 3 to Subpart AA of Part 63--Monitoring Equipment Operating 
                               Parameters

----------------------------------------------------------------------------------------------------------------
                                                                  And you must monitor .
           You must . . .                      If . . .                     . .                  And . . .
----------------------------------------------------------------------------------------------------------------
                                            Absorbers (Wet Scrubbers)
----------------------------------------------------------------------------------------------------------------
Install a continuous parameter       Your absorber is designed    Influent liquid flow..
 monitoring system (CPMS) for         and operated with pressure
 liquid flow at the inlet of the      drops of 5 inches of water
 absorber.                            column or more; and you
                                      choose to monitor only the
                                      influent liquid flow,
                                      rather than the liquid-to-
                                      gas ratio.
Install CPMS for liquid and gas      Your absorber is designed    Liquid-to-gas ratio as  You must measure the
 flow at the inlet of the absorber.   and operated with pressure   determined by           gas stream by:
                                      drops of 5 inches of water   dividing the influent  Measuring the gas
                                      column or less; or.          liquid flow rate by     stream flow at the
                                     Your absorber is designed     the inlet gas flow      absorber inlet; or
                                      and operated with pressure   rate. The units of     Using the design
                                      drops of 5 inches of water   measure must be         blower capacity, with
                                      column or more, and you      consistent with those   appropriate
                                      choose to monitor the        used to calculate       adjustments for
                                      liquid-to-gas ratio,         this ratio during the   pressure drop.
                                      rather than only the         performance test.
                                      influent liquid flow, and
                                      you want the ability to
                                      lower liquid flow with
                                      changes in gas flow.
Install CPMS for pressure at the     Your absorber is designed    Pressure drop through   You may measure the
 gas stream inlet and outlet of the   and operated with pressure   the absorber.           pressure of the inlet
 absorber.                            drops of 5 inches of water                           gas using amperage on
                                      column or more.                                      the blower if a
                                                                                           correlation between
                                                                                           pressure and amperage
                                                                                           is established
----------------------------------------------------------------------------------------------------------------
                                                Sorbent Injection
----------------------------------------------------------------------------------------------------------------
Install a CPMS for flow rate.......  ...........................  Sorbent injection rate
Install a CPMS for flow rate.......  ...........................  Sorbent injection
                                                                   carrier gas flow rate.
----------------------------------------------------------------------------------------------------------------

[[Page 28]]

 
                                         Wet Electrostatic Precipitators
----------------------------------------------------------------------------------------------------------------
Install secondary voltage meter....  You control mercury or       Secondary voltage.....
                                      metal HAP (particulate
                                      matter) using an
                                      electrostatic precipitator.
----------------------------------------------------------------------------------------------------------------



 Sec. Table 4 to Subpart AA of Part 63--Operating Parameters, Operating 
  Limits and Data Monitoring, Recordkeeping and Compliance Frequencies

----------------------------------------------------------------------------------------------------------------
                                                       And you must monitor, record, and demonstrate continuous
                                  You must establish       compliance using these minimum frequencies . . .
   For the operating parameter       the following   -----------------------------------------------------------
 applicable to you, as specified   operating limit .                                            Data averaging
        in Table 3 . . .                  . .          Data measurement     Data recording        period for
                                                                                                  compliance
----------------------------------------------------------------------------------------------------------------
                                            Absorbers (Wet Scrubbers)
----------------------------------------------------------------------------------------------------------------
Influent liquid flow............  Minimum inlet       Continuous........  Every 15 minutes..  Daily.
                                   liquid flow.
Influent liquid flow rate and     Minimum influent    Continuous........  Every 15 minutes..  Daily.
 gas stream flow rate.             liquid-to-gas
                                   ratio.
Pressure drop...................  Pressure drop       Continuous........  Every 15 minutes..  Daily.
                                   range.
----------------------------------------------------------------------------------------------------------------
                                                Sorbent Injection
----------------------------------------------------------------------------------------------------------------
Sorbent injection rate..........  Minimum injection   Continuous........  Every 15 minutes..  Daily.
                                   rate.
Sorbent injection carrier gas     Minimum carrier     Continuous........  Every 15 minutes..  Daily.
 flow rate.                        gas flow rate.
----------------------------------------------------------------------------------------------------------------
                                                 Fabric Filters
----------------------------------------------------------------------------------------------------------------
Alarm time......................  Maximum alarm time  Continuous........  Each date and time  Maximum alarm time
                                   is not                                  of alarm start      specified in Sec.
                                   established on a                        and stop.             63.605(f)(9).
                                   site-specific
                                   basis but is
                                   specified in Sec.
                                     63.605(f)(9).
----------------------------------------------------------------------------------------------------------------
                                         Wet Electrostatic Precipitator
----------------------------------------------------------------------------------------------------------------
Secondary voltage...............  Secondary voltage   Continuous........  Every 15 minutes..  Daily.
                                   range.
----------------------------------------------------------------------------------------------------------------



 Sec. Table 5 to Subpart AA of Part 63--Calibration and Quality Control 
     Requirements for Continuous Parameter Monitoring System (CPMS)

----------------------------------------------------------------------------------------------------------------
                                                        Your accuracy requirements       And your calibration
         If you monitor this parameter . . .                     are . . .              requirements are . . .
----------------------------------------------------------------------------------------------------------------
Temperature..........................................  1       Performance evaluation
                                                        percent over the normal       annually and following any
                                                        range of temperature          period of more than 24
                                                        measured or 2.8 degrees       hours throughout which the
                                                        Celsius (5 degrees            temperature exceeded the
                                                        Fahrenheit), whichever is     maximum rated temperature
                                                        greater, for non-cryogenic    of the sensor, or the data
                                                        temperature ranges.           recorder was off scale.
                                                       2.5     Visual inspections and
                                                        percent over the normal       checks of CPMS operation
                                                        range of temperature          every 3 months, unless the
                                                        measured or 2.8 degrees       CPMS has a redundant
                                                        Celsius (5 degrees            temperature sensor.
                                                        Fahrenheit), whichever is    Selection of a
                                                        greater, for cryogenic        representative measurement
                                                        temperature ranges.           location.

[[Page 29]]

 
Flow Rate............................................  5       Performance evaluation
                                                        percent over the normal       annually and following any
                                                        range of flow measured or     period of more than 24
                                                        1.9 liters per minute (0.5    hours throughout which the
                                                        gallons per minute),          flow rate exceeded the
                                                        whichever is greater, for     maximum rated flow rate of
                                                        liquid flow rate.             the sensor, or the data
                                                       5        recorder was off scale.
                                                        percent over the normal      Checks of all mechanical
                                                        range of flow measured or     connections for leakage
                                                        280 liters per minute (10     monthly.
                                                        cubic feet per minute),      Visual inspections and
                                                        whichever is greater, for     checks of CPMS operation
                                                        gas flow rate.                every 3 months, unless the
                                                       5        CPMS has a redundant flow
                                                        percent over the normal       sensor.
                                                        range measured for mass      Selection of a
                                                        flow rate.                    representative measurement
                                                                                      location where swirling
                                                                                      flow or abnormal velocity
                                                                                      distributions due to
                                                                                      upstream and downstream
                                                                                      disturbances at the point
                                                                                      of measurement are
                                                                                      minimized.
Pressure.............................................  5       Checks for obstructions
                                                        percent over the normal       (e.g., pressure tap
                                                        range measured or 0.12        pluggage) at least once
                                                        kilopascals (0.5 inches of    each process operating
                                                        water column), whichever is   day.
                                                        greater.                     Performance evaluation
                                                                                      annually and following any
                                                                                      period of more than 24
                                                                                      hours throughout which the
                                                                                      pressure exceeded the
                                                                                      maximum rated pressure of
                                                                                      the sensor, or the data
                                                                                      recorder was off scale.
                                                                                     Checks of all mechanical
                                                                                      connections for leakage
                                                                                      monthly. Visual inspection
                                                                                      of all components for
                                                                                      integrity, oxidation and
                                                                                      galvanic corrosion every 3
                                                                                      months, unless the CPMS
                                                                                      has a redundant pressure
                                                                                      sensor.
                                                                                     Selection of a
                                                                                      representative measurement
                                                                                      location that minimizes or
                                                                                      eliminates pulsating
                                                                                      pressure, vibration, and
                                                                                      internal and external
                                                                                      corrosion.
Sorbent Injection Rate...............................  5       Performance evaluation
                                                        percent over the normal       annually.
                                                        range measured.              Visual inspections and
                                                                                      checks of CPMS operation
                                                                                      every 3 months, unless the
                                                                                      CPMS has a redundant
                                                                                      sensor.
                                                                                     Select a representative
                                                                                      measurement location that
                                                                                      provides measurement of
                                                                                      total sorbent injection.
Secondary voltage....................................  1kV...  ...........................
----------------------------------------------------------------------------------------------------------------



   Sec. Appendix A to Subpart AA of Part 63--Applicability of General 
          Provisions (40 CFR Part 63, Subpart A) to Subpart AA

----------------------------------------------------------------------------------------------------------------
          40 CFR citation                  Requirement           Applies to subpart AA            Comment
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1) through (4)......  General Applicability..  Yes.......................  None.
Sec.   63.1(a)(5)..................  .......................  No........................  [Reserved].
Sec.   63.1(a)(6)..................  Contact information....  Yes.......................  None.
Sec.   63.1(a)(7)-(9)..............  .......................  No........................  [Reserved].
Sec.   63.1(a)(10) through (12)....  Time periods...........  Yes.......................  None.
Sec.   63.1(b).....................  Initial Applicability    Yes.......................  None.
                                      Determination.
Sec.   63.1(c)(1)..................  Applicability After      Yes.......................  None.
                                      Standard Established.
Sec.   63.1(c)(2)..................  Permits................  Yes.......................  Some plants may be
                                                                                           area sources.
Sec.   63.1(c)(3)-(4)..............  .......................  No........................  [Reserved].
Sec.   63.1(c)(5)..................  Area to Major source     Yes.......................  None.
                                      change.
Sec.   63.1(d).....................  .......................  No........................  [Reserved].
Sec.   63.1(e).....................  Applicability of Permit  Yes.......................  None.
                                      Program.
Sec.   63.2........................  Definitions............  Yes.......................  Additional definitions
                                                                                           in Sec.   63.601.
Sec.   63.3........................  Units and Abbreviations  Yes.......................  None.
Sec.   63.4(a)(1) and (2)..........  Prohibited Activities..  Yes.......................  None.
Sec.   63.4(a)(3) through (5)......  .......................  No........................  [Reserved].
Sec.   63.4(b) and (c).............  Circumvention/           Yes.......................  None.
                                      Fragmentation.

[[Page 30]]

 
Sec.   63.5(a).....................  Construction/            Yes.......................  None.
                                      Reconstruction
                                      Applicability.
Sec.   63.5(b)(1)..................  Existing, New,           Yes.......................  None.
                                      Reconstructed Sources
                                      Requirements.
Sec.   63.5(b)(2)..................  .......................  No........................  [Reserved].
Sec.   63.5(b)(3), (4), and (6)....  Construction/            Yes.......................  None.
                                      Reconstruction
                                      approval and
                                      notification.
Sec.   63.5(b)(5)..................  .......................  No........................  [Reserved].
Sec.   63.5(c).....................  .......................  No........................  [Reserved].
Sec.   63.5(d).....................  Application for          Yes.......................  None.
                                      Approval of
                                      Construction/
                                      Reconstruction.
Sec.   63.5(e).....................  Approval of              Yes.......................  None.
                                      Construction/
                                      Reconstruction.
Sec.   63.5(f).....................  Approval of              Yes.......................  None.
                                      Construction/
                                      Reconstruction Based
                                      on State Review.
Sec.   63.6(a).....................  Compliance with          Yes.......................  None.
                                      Standards and
                                      Maintenance
                                      Applicability.
Sec.   63.6(b)(1) through (5)......  New and Reconstructed    Yes.......................  See also Sec.
                                      Sources Dates.                                       63.602.
Sec.   63.6(b)(6)..................  .......................  No........................  [Reserved].
Sec.   63.6(b)(7)..................  Area to major source     Yes.......................  None.
                                      change.
Sec.   63.6(c)(1)and (2)...........  Existing Sources Dates.  Yes.......................  Sec.   63.602
                                                                                           specifies dates.
Sec.   63.6(c)(3) and (4)..........  .......................  No........................  [Reserved].
Sec.   63.6(c)(5)..................  Area to major source     Yes.......................  None.
                                      change.
Sec.   63.6(d).....................  .......................  No........................  [Reserved].
Sec.   63.6(e)(1)(i) and (ii)......  Operation & Maintenance  No........................  See Sec.   63.608(b)
                                      Requirements.                                        for general duty
                                                                                           requirement.
Sec.   63.6(e)(iii)................  .......................  Yes.......................  None.
Sec.   63.6(e)(2)..................  .......................  No........................  [Reserved].
Sec.   63.6(e)(3)..................  Startup, Shutdown, and   No........................  None.
                                      Malfunction Plan.
Sec.   63.6(f).....................  Compliance with          No........................  See general duty at
                                      Emission Standards.                                  Sec.   63.608(b).
Sec.   63.6(g).....................  Alternative Standard...  Yes.......................  None.
Sec.   63.6(h).....................  Compliance with Opacity/ No........................  Subpart AA does not
                                      VE Standards.                                        include VE/opacity
                                                                                           standards.
Sec.   63.6(i)(1) through (14).....  Extension of Compliance  Yes.......................  None.
Sec.   63.6(i)(15).................  .......................  No........................  [Reserved].
Sec.   63.6(i)(16).................  .......................  Yes.......................  None.
Sec.   63.6(j).....................  Exemption from           Yes.......................  None.
                                      Compliance.
Sec.   63.7(a).....................  Performance Test         Yes.......................  None.
                                      Requirements
                                      Applicability.
Sec.   63.7(b).....................  Notification...........  Yes.......................  None.
Sec.   63.7(c).....................  Quality Assurance/Test   Yes.......................  None.
                                      Plan.
Sec.   63.7(d).....................  Testing Facilities.....  Yes.......................  None.
Sec.   63.7(e)(1)..................  Conduct of Tests;        No........................  Sec.   63.606
                                      startup, shutdown, and                               specifies additional
                                      malfunction provisions.                              requirements.
Sec.   63.7(e)(2) through (4)......  Conduct of Tests.......  Yes.......................  Sec.   63.606
                                                                                           specifies additional
                                                                                           requirements.
Sec.   63.7(f).....................  Alternative Test Method  Yes.......................  None.
Sec.   63.7(g).....................  Data Analysis..........  Yes.......................  None.
Sec.   63.7(h).....................  Waiver of Tests........  Yes.......................  None.
Sec.   63.8(a).....................  Monitoring Requirements  Yes.......................  None.
                                      Applicability.
Sec.   63.8(b).....................  Conduct of Monitoring..  Yes.......................  None.
Sec.   63.8(c)(1)(i)...............  General duty to          No........................  See 63.608(b) for
                                      minimize emissions and                               general duty
                                      CMS operation.                                       requirement.
Sec.   63.8(c)(1)(ii)..............  .......................  Yes.......................  None.
Sec.   63.8(c)(1)(iii).............  Requirement to develop   No........................  None.
                                      SSM Plan for CMS.
Sec.   63.8(c)(2) through (4)......  CMS Operation/           Yes.......................  None.
                                      Maintenance.
Sec.   63.8(c)(5)..................  COMS Operation.........  No........................  Subpart AA does not
                                                                                           require COMS.
Sec.   63.8(c)(6) through (8)......  CMS requirements.......  Yes.......................  None.
Sec.   63.8(d)(1) and (2)..........  Quality Control........  Yes.......................  None.
Sec.   63.8(d)(3)..................  Written procedure for    No........................  See Sec.   63.608 for
                                      CMS.                                                 requirement.
Sec.   63.8(e).....................  CMS Performance          Yes.......................  None.
                                      Evaluation.
Sec.   63.8(f)(1) through (5)......  Alternative Monitoring   Yes.......................  None.
                                      Method.
Sec.   63.8(f)(6)..................  Alternative to RATA      Yes.......................  None.
                                      Test.
Sec.   63.8(g)(1)..................  Data Reduction.........  Yes.......................  None.
Sec.   63.8(g)(2)..................  .......................  Yes.......................  None.
Sec.   63.8(g)(3) through (5)......  .......................  Yes.......................  None.

[[Page 31]]

 
Sec.   63.9(a).....................  Notification             Yes.......................  None.
                                      Requirements
                                      Applicability.
Sec.   63.9(b).....................  Initial Notifications..  Yes.......................  None.
Sec.   63.9(c).....................  Request for Compliance   Yes.......................  None.
                                      Extension.
Sec.   63.9(d).....................  New Source Notification  Yes.......................  None.
                                      for Special Compliance
                                      Requirements.
Sec.   63.9(e).....................  Notification of          Yes.......................  None.
                                      Performance Test.
Sec.   63.9(f).....................  Notification of VE/      No........................  Subpart AA does not
                                      Opacity Test.                                        include VE/opacity
                                                                                           standards.
Sec.   63.9(g).....................  Additional CMS           Yes.......................  Subpart AA does not
                                      Notifications.                                       require CMS
                                                                                           performance
                                                                                           evaluation, COMS, or
                                                                                           CEMS.
Sec.   63.9(h)(1) through (3)......  Notification of          Yes.......................  None.
                                      Compliance Status.
Sec.   63.9(h)(4)..................  .......................  No........................  [Reserved].
Sec.   63.9(h)(5) and (6)..........  .......................  Yes.......................  None.
Sec.   63.9(i).....................  Adjustment of Deadlines  Yes.......................  None.
Sec.   63.9(j).....................  Change in Previous       Yes.......................  None.
                                      Information.
Sec.   63.10(a)....................  Recordkeeping/Reporting- Yes.......................  None.
                                      Applicability.
Sec.   63.10(b)(1).................  General Recordkeeping    Yes.......................  None.
                                      Requirements.
Sec.   63.10(b)(2)(i)..............  Startup or shutdown      No........................  None.
                                      duration.
Sec.   63.10(b)(2)(ii).............  Malfunction............  No........................  See Sec.   63.607 for
                                                                                           recordkeeping and
                                                                                           reporting
                                                                                           requirement.
Sec.   63.10(b)(2)(iii)............  Maintenance records....  Yes.......................  None.
Sec.   63.10(b)(2)(iv) and (v).....  Startup, shutdown,       No........................  None.
                                      malfunction actions.
Sec.   63.10(b)(2)(vi) through       General Recordkeeping    Yes.......................  None.
 (xiv).                               Requirements.
Sec.   63.10(b)(3).................  General Recordkeeping    Yes.......................  None.
                                      Requirements.
Sec.   63.10(c)(1).................  Additional CMS           Yes.......................  None.
                                      Recordkeeping.
Sec.   63.10(c)(2) through (4).....  .......................  No........................  [Reserved].
Sec.   63.10(c)(5).................  .......................  Yes.......................  None.
Sec.   63.10(c)(6).................  .......................  Yes.......................  None.
Sec.   63.10(c)(7) and (8).........  .......................  Yes.......................  None.
Sec.   63.10(c)(9).................  .......................  No........................  [Reserved].
Sec.   63.10(c)(10) through (13)...  .......................  Yes.......................  None.
Sec.   63.10(c)(14)................  .......................  Yes.......................  None.
Sec.   63.10(c)(15)................  Startup Shutdown         No........................  None.
                                      Malfunction Plan
                                      Provisions.
Sec.   63.10(d)(1).................  General Reporting        Yes.......................  None.
                                      Requirements.
Sec.   63.10(d)(2).................  Performance Test         Yes.......................  None.
                                      Results.
Sec.   63.10(d)(3).................  Opacity or VE            No........................  Subpart AA does not
                                      Observations.                                        include VE/opacity
                                                                                           standards.
Sec.   63.10(d)(4).................  Progress Reports.......  Yes.......................  None.
Sec.   63.10(d)(5).................  Startup, Shutdown, and   No........................  See Sec.   63.607 for
                                      Malfunction Reports.                                 reporting of excess
                                                                                           emissions.
Sec.   63.10(e)(1) and (2).........  Additional CMS Reports.  Yes.......................  None.
Sec.   63.10(e)(3).................  Excess Emissions/CMS     Yes.......................  None.
                                      Performance Reports.
Sec.   63.10(e)(4).................  COMS Data Reports......  No........................  Subpart AA does not
                                                                                           require COMS.
Sec.   63.10(f)....................  Recordkeeping/Reporting  Yes.......................  None.
                                      Waiver.
Sec.   63.11.......................  Control Device and Work  Yes.......................  None.
                                      Practice Requirements.
Sec.   63.12.......................  State Authority and      Yes.......................  None.
                                      Delegations.
Sec.   63.13.......................  Addresses..............  Yes.......................  None.
Sec.   63.14.......................  Incorporation by         Yes.......................  None.
                                      Reference.
Sec.   63.15.......................  Information              Yes.......................  None.
                                      Availability/
                                      Confidentiality.
Sec.   63.16.......................  Performance Track        No........................  Terminated.
                                      Provisions.
----------------------------------------------------------------------------------------------------------------


[[Page 32]]



Subpart BB_National Emission Standards for Hazardous Air Pollutants from 
                 Phosphate Fertilizers Production Plants

    Source: 80 FR 50450, Aug. 19, 2015, unless otherwise noted.



Sec.  63.620  Applicability.

    (a) Except as provided in paragraphs (c) and (d) of this section, 
you are subject to the requirements of this subpart if you own or 
operate a phosphate fertilizer production plant that is a major source 
as defined in Sec.  63.2. You must comply with the emission limitations, 
work practice standards, and operating parameter requirements specified 
in this subpart at all times.
    (b) The requirements of this subpart apply to emissions of hazardous 
air pollutants (HAP) emitted from the following affected sources at a 
phosphate fertilizer production plant:
    (1) Each phosphate fertilizer process line (e.g., diammonium and/or 
monoammonium phosphate process line).
    (2) Each granular triple superphosphate process line.
    (3) Each granular triple superphosphate storage building.
    (4) Evaporative cooling tower.
    (c) The requirements of this subpart do not apply to a phosphate 
fertilizer production plant that is an area source as defined in Sec.  
63.2.
    (d) The provisions of this subpart do not apply to research and 
development facilities as defined in Sec.  63.621.



Sec.  63.621  Definitions.

    Terms used in this subpart are defined in Sec.  63.2 of the Clean 
Air Act and in this section as follows:
    Diammonium and/or monoammonium phosphate process line means any 
process line manufacturing granular diammonium and/or monoammonium 
phosphate by reacting ammonia with phosphoric acid that has been derived 
from or manufactured by reacting phosphate rock and acid. A diammonium 
and/or monoammonium phosphate process line includes: Reactors, 
granulators, dryers, coolers, screens, and mills.
    Equivalent P2O5 feed means the quantity of 
phosphorus, expressed as phosphorus pentoxide 
(P2O5), fed to the process.
    Equivalent P2O5 stored means the quantity of 
phosphorus, expressed as phosphorus pentoxide, being cured or stored in 
the affected facility.
    Evaporative cooling tower means an open-water, re-circulating device 
that uses fans or natural draft to draw or force ambient air through the 
device to remove heat from process water by direct contact.
    Exceedance means a departure from an indicator range established for 
monitoring under this subpart, consistent with any averaging period 
specified for averaging the results of the monitoring.
    Existing source depends on the date that construction or 
reconstruction of an affected source commenced. A phosphate fertilizer 
process line (e.g., diammonium and/or monoammonium phosphate process 
line), granular triple superphosphate process line, or granular triple 
superphosphate storage is an existing source if construction or 
reconstruction of the affected source commenced on or before December 
27, 1996.
    Fresh granular triple superphosphate means granular triple 
superphosphate produced within the preceding 72 hours.
    Granular triple superphosphate process line means any process line, 
not including storage buildings, that manufactures granular triple 
superphosphate by reacting phosphate rock with phosphoric acid. A 
granular triple superphosphate process line includes: mixers, curing 
belts (dens), reactors, granulators, dryers, coolers, screens, and 
mills.
    Granular triple superphosphate storage building means any building 
curing or storing fresh granular triple superphosphate. A granular 
triple superphosphate storage building includes: storage or curing 
buildings, conveyors, elevators, screens, and mills.
    New source depends on the date that construction or reconstruction 
of an affected source commences. A phosphate fertilizer process line 
(e.g., diammonium and/or monoammonium phosphate process line), granular 
triple

[[Page 33]]

superphosphate process line, or granular triple superphosphate storage 
is a new source if construction or reconstruction of the affected source 
commenced after December 27, 1996.
    Phosphate fertilizer process line means any process line that 
manufactures a granular phosphate fertilizer by reacting phosphoric acid 
with ammonia. A phosphate fertilizer process line includes: reactors, 
granulators, dryers, coolers, screens, and mills.
    Phosphate fertilizer production plant means any production plant 
that manufactures a granular phosphate fertilizer by reacting phosphoric 
acid with ammonia.
    Research and development facility means research or laboratory 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and where the 
facility is not engaged in the manufacture of products for commercial 
sale in commerce or other off-site distribution, except in a de minimis 
manner.
    Shutdown commences when feed materials cease to be added to an 
affected source and ends when the affected source is deactivated, 
regardless of whether feed material is present in the affected source.
    Startup commences when any feed material is first introduced into an 
affected source and ends when feed material is fully loaded into the 
affected source.
    Total fluorides means elemental fluorine and all fluoride compounds, 
including the HAP hydrogen fluoride, as measured by reference methods 
specified in 40 CFR part 60, appendix A, Method 13 A or B, or by 
equivalent or alternative methods approved by the Administrator pursuant 
to Sec.  63.7(f).



Sec.  63.622  Standards and compliance dates.

    (a) On and after the dates specified in paragraphs (a)(1) through 
(3) of this section, for each phosphate fertilizer process line (e.g., 
diammonium and/or monoammonium phosphate process line), granular triple 
superphosphate process line, and granular triple superphosphate storage 
building, you must comply with the emission limits as specified in 
paragraphs (a)(1) through (3) of this section. If a process line 
contains more than one emission point, you must sum the emissions from 
all emission points in a process line to determine compliance with the 
specified emission limits.
    (1) For each existing phosphate fertilizer process line (e.g., 
diammonium and/or monoammonium phosphate process line), granular triple 
superphosphate process line, and granular triple superphosphate storage 
building that commenced construction or reconstruction on or before 
December 27, 1996, you must comply with the emission limits specified in 
Table 1 to this subpart beginning on June 10, 2002.
    (2) For each new phosphate fertilizer process line (e.g., diammonium 
and/or monoammonium phosphate process line), granular triple 
superphosphate process line, and granular triple superphosphate storage 
building that commences construction or reconstruction after December 
27, 1996 and on or before August 19, 2015, you must comply with the 
emission limits specified in Table 2 to this subpart beginning on June 
10, 1999 or at startup, whichever is later.
    (3) For each new phosphate fertilizer process line (e.g., diammonium 
and/or monoammonium phosphate process line), granular triple 
superphosphate process line, and granular triple superphosphate storage 
building that commences construction or reconstruction after August 19, 
2015, you must comply with the emission limits specified in Table 2 to 
this subpart immediately upon startup.
    (b) Beginning on June 10, 2002, you must not ship fresh granular 
triple superphosphate from your existing granular triple superphosphate 
storage building that commenced construction or reconstruction on or 
before December 27, 1996. Beginning on June 10, 1999 or at startup, 
whichever is later, you must not ship fresh granular triple 
superphosphate from your new granular triple superphosphate storage 
building that commences construction or reconstruction after December 
27, 1996.
    (c) Beginning on August 19, 2015, you must not introduce into any 
evaporative cooling tower any liquid effluent

[[Page 34]]

from any absorber installed to control emissions from process equipment.
    (d) Beginning on August 19, 2015, during periods of startup and 
shutdown (as defined in Sec.  63.621), you must comply with the work 
practice specified in this paragraph in lieu of the emission limits 
specified in paragraph (a) of this section. During periods of startup 
and shutdown, you must operate any control device(s) being used at the 
affected source, monitor the operating parameters specified in Table 3 
of this subpart, and comply with the operating limits specified in Table 
4 of this subpart.



Sec. Sec.  63.624  [Reserved]



Sec.  63.625  Operating and monitoring requirements.

    (a) For each phosphate fertilizer process line (e.g., diammonium 
and/or monoammonium phosphate process line), or granular triple 
superphosphate process line subject to the provisions of this subpart, 
you must comply with the monitoring requirements specified in paragraphs 
(a)(1) and (2) of this section.
    (1) Install, calibrate, maintain, and operate a continuous 
monitoring system (CMS) according to your site-specific monitoring plan 
specified in Sec.  63.628(c). The CMS must have an accuracy of 5 percent over its operating range and must determine 
and permanently record the mass flow of phosphorus-bearing material fed 
to the process.
    (2) Maintain a daily record of equivalent P2O5 
feed. Calculate the equivalent P2O5 feed by 
determining the total mass rate in metric ton/hour of phosphorus bearing 
feed using the procedures specified in Sec.  63.626(f)(3).
    (b) For each granular triple superphosphate storage building subject 
to the provisions of this subpart, you must maintain an accurate record 
of the mass of granular triple superphosphate in storage to permit the 
determination of the amount of equivalent P2O5 
stored.
    (c) For each granular triple superphosphate storage building subject 
to the provisions of this subpart, you must comply with the requirements 
specified in paragraphs (c)(1) and (2) of this section.
    (1) Maintain a daily record of total equivalent 
P2O5 stored by multiplying the percentage 
P2O5 content, as determined by Sec.  
63.626(f)(3)(ii), by the total mass of granular triple superphosphate 
stored as specified in paragraph (b) of this section.
    (2) Develop for approval by the Administrator a site-specific 
methodology including sufficient recordkeeping for the purposes of 
demonstrating compliance with Sec.  63.622(b).
    (d) If you use a control device(s) to comply with the emission 
limits specified in Table 1 or 2 of this subpart, you must install a 
continuous parameter monitoring system (CPMS) and comply with the 
requirements specified in paragraphs (d)(1) through (4) of this section.
    (1) You must monitor the operating parameter(s) applicable to the 
control device that you use as specified in Table 3 to this subpart and 
establish the applicable limit or range for the operating parameter 
limit as specified in paragraphs (d)(1)(i) and (ii) of this section, as 
applicable.
    (i) Except as specified in paragraph (d)(1)(ii) of this section, 
determine the value(s) as the arithmetic average of operating parameter 
measurements recorded during the three test runs conducted for the most 
recent performance test.
    (ii) If you use an absorber to comply with the emission limits in 
Table 1 or 2 to this subpart and you monitor pressure drop across the 
absorber, you must establish allowable ranges using the methodology 
specified in paragraphs (d)(1)(ii)(A) and (B) of this section.
    (A) The allowable range for the daily averages of the pressure drop 
across each absorber is 20 percent of the baseline 
average value determined in paragraph (d)(1)(i) of this section. The 
Administrator retains the right to reduce the 20 
percent adjustment to the baseline average values of operating ranges in 
those instances where performance test results indicate that a source's 
level of emissions is near the value of an applicable emissions 
standard. However, the adjustment must not be reduced to less than 
10 percent under any instance.

[[Page 35]]

    (B) As an alternative to paragraph (d)(1)(ii)(A) of this section, 
you may establish allowable ranges for the daily averages of the 
pressure drop across an absorber for the purpose of assuring compliance 
with this subpart using the procedures described in this paragraph. You 
must establish the allowable ranges based on the baseline average values 
recorded during previous performance tests or the results of performance 
tests conducted specifically for the purposes of this paragraph. You 
must conduct all performance tests using the methods specified in Sec.  
63.626. You must certify that the control devices and processes have not 
been modified since the date of the performance test from which you 
obtained the data used to establish the allowable ranges. When a source 
using the methodology of this paragraph is retested, you must determine 
new allowable ranges of baseline average values unless the retest 
indicates no change in the operating parameters outside the previously 
established ranges.
    (2) You must monitor, record, and demonstrate continuous compliance 
using the minimum frequencies specified in Table 4 to this subpart.
    (3) You must comply with the calibration and quality control 
requirements that are applicable to the operating parameter(s) you 
monitor as specified in Table 5 to this subpart.
    (4) If you use a fabric filter system to comply with the emission 
limits specified in Table 1 or 2 to this subpart, the system must meet 
the requirements for fabric filters specified in paragraph (e) of this 
section.
    (e) Beginning August 19, 2016, if you use a fabric filter system to 
comply with the emission limits specified in Table 1 or 2 to this 
subpart, then the fabric filter must be equipped with a bag leak 
detection system that is installed, calibrated, maintained and 
continuously operated according to the requirements in paragraphs (e)(1) 
through (10) of this section.
    (1) Install a bag leak detection sensor(s) in a position(s) that 
will be representative of the relative or absolute particulate matter 
loadings for each exhaust stack, roof vent, or compartment (e.g., for a 
positive-pressure fabric filter) of the fabric filter.
    (2) Use a bag leak detection system certified by the manufacturer to 
be capable of detecting particulate matter emissions at concentrations 
of 1 milligram per actual cubic meter (0.00044 grains per actual cubic 
feet) or less.
    (3) Use a bag leak detection system equipped with a device to 
continuously record the output signal from the system sensor.
    (4) Use a bag leak detection system equipped with a system that will 
trigger an alarm when an increase in relative particulate material 
emissions over a preset level is detected. The alarm must be located 
such that the alert is observed readily by plant operating personnel.
    (5) Install a bag leak detection system in each compartment or cell 
for positive-pressure fabric filter systems that do not duct all 
compartments or cells to a common stack. Install a bag leak detector 
downstream of the fabric filter if a negative-pressure or induced-air 
filter is used. If multiple bag leak detectors are required, the 
system's instrumentation and alarm may be shared among detectors.
    (6) Calibration of the bag leak detection system must, at a minimum, 
consist of establishing the baseline output level by adjusting the range 
and the averaging period of the device and establishing the alarm set 
points and the alarm delay time.
    (7) After initial adjustment, you must not adjust the sensitivity or 
range, averaging period, alarm set points or alarm delay time, except as 
established in your site-specific monitoring plan required in Sec.  
63.628(c). In no event may the sensitivity be increased more than 100 
percent or decreased by more than 50 percent over a 365-day period 
unless such adjustment follows a complete inspection of the fabric 
filter system that demonstrates that the system is in good operating 
condition.
    (8) Operate and maintain each fabric filter and bag leak detection 
system such that the alarm does not sound more than 5 percent of the 
operating time during a 6-month period. If the alarm sounds more than 5 
percent of the operating time during a 6-month period, it is considered 
an operating parameter exceedance. Calculate the alarm time (i.e., time 
that the alarm

[[Page 36]]

sounds) as specified in paragraphs (e)(8)(i) through (iii) of this 
section.
    (i) If inspection of the fabric filter demonstrates that corrective 
action is not required, the alarm duration is not counted in the alarm 
time calculation.
    (ii) If corrective action is required, each alarm time is counted as 
a minimum of 1 hour.
    (iii) If it takes longer than 1 hour to initiate corrective action, 
each alarm time (i.e., time that the alarm sounds) is counted as the 
actual amount of time taken by you to initiate corrective action.
    (9) If the alarm on a bag leak detection system is triggered, you 
must initiate procedures within 1 hour of an alarm to identify the cause 
of the alarm and then initiate corrective action, as specified in Sec.  
63.628(d)(2), no later than 48 hours after an alarm. Failure to take 
these actions within the prescribed time periods is considered a 
violation.
    (10) Retain records of any bag leak detection system alarm, 
including the date, time, duration, and the percent of the total 
operating time during each 6-month period that the alarm triggers, with 
a brief explanation of the cause of the alarm, the corrective action 
taken, and the schedule and duration of the corrective action.



Sec.  63.626  Performance tests and compliance provisions.

    (a) You must conduct an initial performance test to demonstrate 
compliance with the emission limits specified in Tables 1 and 2 to this 
subpart, within 180 days of the applicable compliance date specified in 
Sec.  63.622.
    (b) After you conduct the initial performance test specified in 
paragraph (a) of this section, you must conduct a performance test once 
per calendar year.
    (c) For affected sources (as defined in Sec.  63.620) that have not 
operated since the previous annual performance test was conducted and 
more than 1 year has passed since the previous performance test, you 
must conduct a performance test no later than 180 days after the re-
start of the affected source according to the applicable provisions in 
Sec.  63.7(a)(2).
    (d)(1) You must conduct the performance tests specified in this 
section at representative (normal) conditions for the process. 
Representative (normal) conditions means those conditions that:
    (i) Represent the range of combined process and control measure 
conditions under which the facility expects to operate (regardless of 
the frequency of the conditions); and
    (ii) Are likely to most challenge the emissions control measures of 
the facility with regard to meeting the applicable emission standards, 
but without creating an unsafe condition.
    (2) Operations during startup, shutdown, and malfunction do not 
constitute representative (normal) operating conditions for purposes of 
conducting a performance test. You must record the process information 
that is necessary to document the operating conditions during the test 
and include in such record an explanation to support that such 
conditions represent representative (normal) conditions. Upon request, 
you must make available to the Administrator such records as may be 
necessary to determine the conditions of performance tests.
    (e) In conducting all performance tests, you must use as reference 
methods and procedures the test methods in 40 CFR part 60, appendix A, 
or other methods and procedures as specified in this section, except as 
provided in Sec.  63.7(f).
    (f) For each phosphate fertilizer process line (e.g., diammonium 
and/or monoammonium phosphate process line), and granular triple 
superphosphate process line, you must determine compliance with the 
applicable total fluorides standards specified in Tables 1 and 2 to this 
subpart as specified in paragraphs (f)(1) through (3) of this section.
    (1) Compute the emission rate (E) of total fluorides for each run 
using Equation BB-1:

[[Page 37]]

[GRAPHIC] [TIFF OMITTED] TR19AU15.003

Where:

E = Emission rate of total fluorides, gram/metric ton (pound/ton) of 
          equivalent P2O5 feed.
Ci = Concentration of total fluorides from emission point ``i,'' 
          milligram/dry standard cubic meter (milligram/dry standard 
          cubic feet).
Qi = Volumetric flow rate of effluent gas from emission point ``i,'' dry 
          standard cubic meter/hour (dry standard cubic feet/hour).
N = Number of emission points associated with the affected facility.
P = Equivalent P2O5 feed rate, metric ton/hour 
          (ton/hour).
K = Conversion factor, 1000 milligram/gram (453,600 milligram/pound).

    (2) You must use Method 13A or 13B (40 CFR part 60, appendix A) to 
determine the total fluorides concentration (Ci) and the 
volumetric flow rate (Qi) of the effluent gas at each 
emission point. The sampling time for each run at each emission point 
must be at least 60 minutes. The sampling volume for each run at each 
emission point must be at least 0.85 dscm (30 dscf). If Method 13B is 
used, the fusion of the filtered material described in Section 7.3.1.2 
and the distillation of suitable aliquots of containers 1 and 2, 
described in section 7.3.3 and 7.3.4 in Method 13 A, may be omitted.
    (3) Compute the equivalent P2O5 feed rate (P) 
using Equation BB-2:
[GRAPHIC] [TIFF OMITTED] TR19AU15.004

Where:

P = P2O5 feed rate, metric ton/hour (ton/hour).
Mp = Total mass flow rate of phosphorus-bearing feed, metric 
          ton/hour (ton/hour).
Rp = P2O5 content, decimal fraction.

    (i) Determine the mass flow rate (Mp) of the phosphorus-
bearing feed using the measurement system described in Sec.  63.625(a).
    (ii) Determine the P2O5 content 
(Rp) of the feed using, as appropriate, the following methods 
specified in the Book of Methods Used and Adopted By The Association of 
Florida Phosphate Chemists (incorporated by reference, see Sec.  63.14) 
where applicable:
    (A) Section IX, Methods of Analysis for Phosphate Rock, No. 1 
Preparation of Sample.
    (B) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method A--Volumetric Method.
    (C) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method B--Gravimetric 
Quimociac Method.
    (D) Section IX, Methods of Analysis for Phosphate Rock, No. 3 
Phosphorus-P2O5 or 
Ca3(PO4)2, Method C--Spectrophotometric Method.
    (E) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method A--Volumetric 
Method.
    (F) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method B--Gravimetric 
Quimociac Method.
    (G) Section XI, Methods of Analysis for Phosphoric Acid, 
Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method C--
Spectrophotometric Method.
    (g) For each granular triple superphosphate storage building, you 
must

[[Page 38]]

determine compliance with the applicable total fluorides standards 
specified in Tables 1 and 2 to this subpart as specified in paragraphs 
(g)(1) through (7) of this section.
    (1) You must conduct performance tests only when the following 
quantities of product are being cured or stored in the facility:
    (i) Total granular triple superphosphate is at least 10 percent of 
the building capacity, and
    (ii) Fresh granular triple superphosphate is at least six percent of 
the total amount of granular triple superphosphate, or
    (iii) If the provision in paragraph (g)(1)(ii) of this section 
exceeds production capabilities for fresh granular triple 
superphosphate, the fresh granular triple superphosphate is equal to at 
least 5 days maximum production.
    (2) Compute the emission rate (E) of total fluorides for each run 
using Equation BB-3:
[GRAPHIC] [TIFF OMITTED] TR19AU15.005

Where:

E = Emission rate of total fluorides, gram/hour/metric ton (pound/hour/
          ton) of equivalent P2O5 stored.
Ci = Concentration of total fluorides from emission point 
          ``i'', milligram/dry standard cubic meter (milligram/dry 
          standard cubic feet).
Qi = Volumetric flow rate of effluent gas from emission point 
          ``i'', dry standard cubic meter/hour (dry standard cubic feet/
          hour).
N = Number of emission points in the affected facility.
P = Equivalent P2O5 stored, metric tons (tons).
K = Conversion factor, 1000 milligram/gram (453,600 milligram/pound).

    (3) You must use Method 13A or 13B (40 CFR part 60, appendix A) to 
determine the total fluorides concentration (Ci) and the 
volumetric flow rate (Qi) of the effluent gas at each 
emission point. The sampling time for each run at each emission point 
must be at least 60 minutes. The sampling volume for each run at each 
emission point must be at least 0.85 dscm (30 dscf). If Method 13B is 
used, the fusion of the filtered material described in Section 7.3.1.2 
and the distillation of suitable aliquots of containers 1 and 2, 
described in section 7.3.3 and 7.3.4 in Method 13A, may be omitted.
    (4) Compute the equivalent P2O5 stored (P) 
using Equation BB-4:
[GRAPHIC] [TIFF OMITTED] TR19AU15.006

Where:

P = P2O5 stored (ton).
Mp = Amount of product in storage, metric ton (ton).
Rp = P2O5 content of product in 
          storage, weight fraction.

    (5) Determine the amount of product (Mp) in storage using 
the measurement system described in Sec.  63.625(b) and (c).
    (6) Determine the P2O5 content (Rp) 
of the product stored using, as appropriate, the following methods 
specified in the Book of Methods Used and Adopted By The Association of 
Florida Phosphate Chemists (incorporated by reference, see Sec.  63.14) 
where applicable:
    (i) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method A--Volumetric 
Method.
    (ii) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-

[[Page 39]]

P2O5, Method B--Gravimetric Quimociac Method.
    (iii) Section XI, Methods of Analysis For Phosphoric Acid, 
Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 
Total Phosphorus-P2O5, Method C--
Spectrophotometric Method, or,
    (7) Determine the P2O5 content (Rp) 
of the product stored using, as appropriate, the following methods 
specified in the Official Methods of Analysis of AOAC International 
(incorporated by reference, see Sec.  63.14) where applicable:
    (i) AOAC Official Method 957.02 Phosphorus (Total) In Fertilizers, 
Preparation of Sample Solution.
    (ii) AOAC Official Method 929.01 Sampling of Solid Fertilizers.
    (iii) AOAC Official Method 929.02 Preparation of Fertilizer Sample.
    (iv) AOAC Official Method 978.01 Phosphorus (Total) in Fertilizers, 
Automated Method.
    (v) AOAC Official Method 969.02 Phosphorus (Total) in Fertilizers, 
Alkalimetric Quinolinium Molybdophosphate Method.
    (vi) AOAC Official Method 962.02 Phosphorus (Total) in Fertilizers, 
Gravimetric Quinolinium Molybdophosphate Method.
    (vii) AOAC Official Method 958.01 Phosphorus (Total) in Fertilizers, 
Spectrophotometric Molybdovanadophosphate Method.
    (h) If you use a CMS, you must conduct a performance evaluation, as 
specified in Sec.  63.8(e), in accordance with your site-specific 
monitoring plan in Sec.  63.628(c). For fabric filters, you must conduct 
a performance evaluation of the bag leak detection system consistent 
with the guidance provided in Office Of Air Quality Planning And 
Standards (OAQPS), Fabric Filter Bag Leak Detection Guidance 
(incorporated by reference, see Sec.  63.14). You must record the 
sensitivity of the bag leak detection system to detecting changes in 
particulate matter emissions, range, averaging period, and alarm set 
points during the performance test.



Sec.  63.627  Notification, recordkeeping, and reporting requirements.

    (a) You must comply with the notification requirements specified in 
Sec.  63.9. During the most recent performance test, if you demonstrate 
compliance with the emission limit while operating your control device 
outside the previously established operating limit, you must establish a 
new operating limit based on that most recent performance test and 
notify the Administrator that the operating limit changed based on data 
collected during the most recent performance test. When a source is 
retested and the performance test results are submitted to the 
Administrator pursuant to paragraph (b)(1) of this section, Sec.  
63.7(g)(1), or Sec.  63.10(d)(2), you must indicate whether the 
operating limit is based on the new performance test or the previously 
established limit. Upon establishment of a new operating limit, you must 
thereafter operate under the new operating limit. If the Administrator 
determines that you did not conduct the compliance test in accordance 
with the applicable requirements or that the operating limit established 
during the performance test does not correspond to representative 
(normal) conditions, you must conduct a new performance test and 
establish a new operating limit.
    (b) You must comply with the reporting and recordkeeping 
requirements in Sec.  63.10 as specified in paragraphs (b)(1) through 
(5) of this section.
    (1) You must comply with the general recordkeeping requirements in 
Sec.  63.10(b)(1); and
    (2) As required by Sec.  63.10(d), you must report the results of 
the initial and subsequent performance tests as part of the notification 
of compliance status required in Sec.  63.9(h). You must verify in the 
performance test reports that the operating limits for each process have 
not changed or provide documentation of revised operating limits 
established according to Sec.  63.625, as applicable. In the 
notification of compliance status, you must also:
    (i) Certify to the Administrator that you have not shipped fresh 
granular triple superphosphate from an affected facility.
    (ii) Certify to the Administrator annually that you have complied 
with the evaporative cooling tower requirements specified in Sec.  
63.622(c).

[[Page 40]]

    (iii) Submit analyses and supporting documentation demonstrating 
conformance with the Office Of Air Quality Planning And Standards 
(OAQPS), Fabric Filter Bag Leak Detection Guidance (incorporated by 
reference, see Sec.  63.14) and specifications for bag leak detection 
systems as part of the notification of compliance status report.
    (iv) If you elect to demonstrate compliance by following the 
procedures in Sec.  63.625(d)(1)(ii)(B), certify to the Administrator 
annually that the control devices and processes have not been modified 
since the date of the performance test from which you obtained the data 
used to establish the allowable ranges.
    (3) As required by Sec.  63.10(e)(1), you must submit an excess 
emissions report for any exceedance of an emission or operating 
parameter limit if the total duration of the exceedances for the 
reporting period is 1 percent of the total operating time for the 
reporting period or greater. The report must contain the information 
specified in Sec.  63.10 and paragraph (b)(4) of this section. When 
exceedances of an emission limit or operating parameter have not 
occurred, you must include such information in the report. You must 
submit the report semiannually and the report must be delivered or 
postmarked by the 30th day following the end of the calendar half. If 
exceedances are reported, you must submit the excess emissions report 
quarterly until a request to reduce reporting frequency is approved as 
described in Sec.  63.10(e)(3).
    (4) In the event that an affected unit fails to meet an applicable 
standard, record and report the following information for each failure:
    (i) The date, time and duration of the failure.
    (ii) A list of the affected sources or equipment for which a failure 
occurred.
    (iii) An estimate of the volume of each regulated pollutant emitted 
over any emission limit.
    (iv) A description of the method used to estimate the emissions.
    (v) A record of actions taken to minimize emissions in accordance 
with Sec.  63.628(b), and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (5) You must submit a summary report containing the information 
specified in Sec.  63.10(e)(3)(vi). You must submit the summary report 
semiannually and the report must be delivered or postmarked by the 30th 
day following the end of the calendar half.
    (c) Your records must be in a form suitable and readily available 
for expeditious review. You must keep each record for 5 years following 
the date of each recorded action. You must keep each record on site, or 
accessible from a central location by computer or other means that 
instantly provide access at the site, for at least 2 years after the 
date of each recorded action. You may keep the records off site for the 
remaining 3 years.
    (d) In computing averages to determine compliance with this subpart, 
you must exclude the monitoring data specified in paragraphs (d)(1) 
through (3) of this section.
    (1) Periods of non-operation of the process unit;
    (2) Periods of no flow to a control device; and
    (3) Any monitoring data recorded during continuous parameter 
monitoring system (CPMS) breakdowns, out-of-control periods, repairs, 
maintenance periods, instrument adjustments or checks to maintain 
precision and accuracy, calibration checks, and zero (low-level), mid-
level (if applicable), and high-level adjustments.
    (e) Within 60 days after the date of completing each performance 
test (as defined in Sec.  63.2) required by this subpart, you must 
submit the results of the performance tests, including any associated 
fuel analyses, following the procedure specified in either paragraph 
(e)(1) or (2) of this section.
    (1) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(http://www.epa.gov/ttn/chief/ert/index.html), you must submit the 
results of the performance test to the EPA via the Compliance and 
Emissions Data Reporting Interface (CEDRI). CEDRI can be accessed 
through the EPA's Central Data Exchange (CDX) (http://cdx.epa.gov/epa--
home.asp). Performance test data must be submitted in a file format 
generated through the use

[[Page 41]]

of the EPA's ERT. Alternatively, you may submit performance test data in 
an electronic file format consistent with the extensible markup language 
(XML) schema listed on the EPA's ERT Web site once the XML schema is 
available. If you claim that some of the performance test information 
being submitted is confidential business information (CBI), you must 
submit a complete file generated through the use of the EPA's ERT or an 
alternate electronic file consistent with the XML schema listed on the 
EPA's ERT Web site, including information claimed to be CBI, on a 
compact disc, flash drive, or other commonly used electronic storage 
media to the EPA. The electronic media must be clearly marked as CBI and 
mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group Leader, 
Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 
27703. The same ERT or alternate file with the CBI omitted must be 
submitted to the EPA via the EPA's CDX as described earlier in this 
paragraph.
    (2) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT Web site, you must submit the 
results of the performance test to the Administrator at the appropriate 
address listed in Sec.  63.13.



Sec.  63.628  General requirements and applicability of general provisions 
of this part.

    (a) You must comply with the general provisions in subpart A of this 
part as specified in appendix A to this subpart.
    (b) At all times, you must operate and maintain any affected source, 
including associated air pollution control equipment and monitoring 
equipment, in a manner consistent with safety and good air pollution 
control practices for minimizing emissions. The general duty to minimize 
emissions does not require you to make any further efforts to reduce 
emissions if levels required by this standard have been achieved. 
Determination by the Administrator of whether a source is operating in 
compliance with operation and maintenance requirements will be based on 
information available to the Administrator that may include, but is not 
limited to, monitoring results, review of operation and maintenance 
procedures, review of operation and maintenance records, and inspection 
of the source.
    (c) For each CMS used to demonstrate compliance with any applicable 
emission limit, you must develop, and submit to the Administrator for 
approval upon request, a site-specific monitoring plan according to the 
requirements specified in paragraphs (c)(1) through (3) of this section. 
You must submit the site-specific monitoring plan, if requested by the 
Administrator, at least 60 days before the initial performance 
evaluation of the CMS. The requirements of this paragraph also apply if 
a petition is made to the Administrator for alternative monitoring 
parameters under Sec.  63.8(f).
    (1) You must include the information specified in paragraphs 
(c)(1)(i) through (vi) of this section in the site-specific monitoring 
plan.
    (i) Location of the CMS sampling probe or other interface. You must 
include a justification demonstrating that the sampling probe or other 
interface is at a measurement location relative to each affected process 
unit such that the measurement is representative of control of the 
exhaust emissions (e.g., on or downstream of the last control device).
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction systems.
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations).
    (iv) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec.  63.8(c)(1)(ii), (c)(3), (c)(4)(ii), 
and Table 4 to this subpart.
    (v) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec.  63.8(d)(1) and (2) and Table 5 to this 
subpart.
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  63.10(c), (e)(1), (e)(2)(i).
    (2) You must include a schedule for conducting initial and 
subsequent performance evaluations in the site-specific monitoring plan.

[[Page 42]]

    (3) You must keep the site-specific monitoring plan on site for the 
life of the affected source or until the affected source is no longer 
subject to the provisions of this part, to be made available for 
inspection, upon request, by the Administrator. If you revise the site-
specific monitoring plan, you must keep previous (i.e., superseded) 
versions of the plan on site to be made available for inspection, upon 
request, by the Administrator, for a period of 5 years after each 
revision to the plan. You must include the program of corrective action 
required under Sec.  63.8(d)(2) in the plan.
    (d) For each bag leak detection system installed to comply with the 
requirements specified in Sec.  63.625(e), you must include the 
information specified in paragraphs (d)(1) and (2) of this section in 
the site-specific monitoring plan specified in paragraph (c) of this 
section.
    (1) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations), including how the alarm set-point will be established.
    (2) A corrective action plan describing corrective actions to be 
taken and the timing of those actions when the bag leak detection alarm 
sounds. Corrective actions may include, but are not limited to, the 
actions specified in paragraphs (d)(2)(i) through (vi) of this section.
    (i) Inspecting the fabric filter for air leaks, torn or broken bags 
or filter media, or any other conditions that may cause an increase in 
regulated material 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 fabric filter compartment.
    (v) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system.
    (vi) Shutting down the process controlled by the fabric filter.



Sec.  63.629  Miscellaneous requirements.

    The Administrator retains the authority to approve site-specific 
test plans for uncontrolled granular triple superphosphate storage 
buildings developed pursuant to Sec.  63.7(c)(2)(i).



Sec.  63.630  [Reserved]



Sec.  63.631  Exemption from new source performance standards.

    Any affected source subject to the provisions of this subpart is 
exempted from any otherwise applicable new source performance standard 
contained in 40 CFR part 60, subpart V, subpart W, or subpart X. To be 
exempt, a source must have a current operating permit pursuant to title 
V of the Clean Air Act and the source must be in compliance with all 
requirements of this subpart. For each affected source, this exemption 
is upon the date that you demonstrate to the Administrator that the 
requirements of Sec. Sec.  63.625 and 63.626 have been met.



Sec.  63.632  Implementation and enforcement.

    (a) This subpart is implemented and enforced by the U.S. EPA, or a 
delegated authority such as the applicable state, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
state, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a state, 
local, or Tribal agency.
    (b) The authorities specified in paragraphs (b)(1) through (5) of 
this section are retained by the Administrator of U.S. EPA and cannot be 
delegated to State, local, or Tribal agencies.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.620, 63.622, 63.625, 63.629, and 63.631.
    (2) Approval of requests under Sec. Sec.  63.7(e)(2)(ii) and 63.7 
(f) for alternative requirements or major changes to the test methods 
specified in this subpart, as defined in Sec.  63.90.
    (3) Approval of requests under Sec.  63.8(f) for alternative 
requirements or major changes to the monitoring requirements specified 
in this subpart, as defined in Sec.  63.90.

[[Page 43]]

    (4) Waiver or approval of requests under Sec.  63.10(f) for 
alternative requirements or major changes to the recordkeeping and 
reporting requirements specified in this subpart, as defined in Sec.  
63.90.
    (5) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.



 Sec. Table 1 to Subpart BB of Part 63--Existing Source Emission Limits 
                        a b

------------------------------------------------------------------------
                                             You must meet the emission
                                              limits for the specified
 For the following existing sources . . .          pollutant . . .
                                           -----------------------------
                                                   Total fluorides
------------------------------------------------------------------------
Phosphate Fertilizer Process Line (e.g.,    0.060 lb/ton of equivalent
 Diammonium and/or Monoammonium Phosphate    P2O5 feed.
 Process Line).
Granular Triple Superphosphate Process      0.150 lb/ton of equivalent
 Line.                                       P2O5 feed.
GTSP storage building.....................  5.0 x 10-4 lb/hr/ton of
                                             equivalent P2O5 stored.
------------------------------------------------------------------------
\a\ The existing source compliance date is June 10, 2002.
\b\ During periods of startup and shutdown, for emission limits stated
  in terms of pounds of pollutant per ton of feed, you are subject to
  the work practice standards specified in Sec.   63.622(d).



   Sec. Table 2 to Subpart BB of Part 63--New Source Emission Limits 
                        a b

------------------------------------------------------------------------
                                             You must meet the emission
                                              limits for the specified
    For the following new sources . . .            pollutant . . .
                                           -----------------------------
                                                   Total fluorides
------------------------------------------------------------------------
Phosphate Fertilizer Process Line (e.g.,    0.0580 lb/ton of equivalent
 Diammonium and/or Monoammonium Phosphate    P2O5 feed.
 Process Line).
Granular Triple Superphosphate Process      0.1230 lb/ton of equivalent
 Line.                                       P2O5 feed.
GTSP storage building.....................  5.0 x 10-4 lb/hr/ton of
                                             equivalent P2O5 stored.
------------------------------------------------------------------------
\a\ The new source compliance dates are based on date of construction or
  reconstruction as specified in Sec.   63.622(a).
\b\ During periods of startup and shutdown, for emission limits stated
  in terms of pounds of pollutant per ton of feed, you are subject to
  the work practice standards specified in Sec.   63.622(d).



 Sec. Table 3 to Subpart BB of Part 63--Monitoring Equipment Operating 
                               Parameters

----------------------------------------------------------------------------------------------------------------
                                                                 And you must monitor .
            You must . . .                     If . . .                   . .                   And . . .
----------------------------------------------------------------------------------------------------------------
                                            Absorbers (Wet Scrubbers)
----------------------------------------------------------------------------------------------------------------
Install a continuous parameter         Your absorber is         Influent liquid flow.
 monitoring system (CPMS) for liquid    designed and operated
 flow at the inlet of the absorber..    with pressure drops of
                                        5 inches of water
                                        column or more; and
                                        you choose to monitor
                                        only the influent
                                        liquid flow, rather
                                        than the liquid-to-gas
                                        ratio.
Install CPMS for liquid and gas flow   Your absorber is         Liquid-to-gas ratio as   You must measure the
 at the inlet of the absorber.          designed and operated    determined by dividing   gas stream by:
                                        with pressure drops of   the influent liquid     Measuring the gas
                                        5 inches of water        flow rate by the inlet   stream flow at the
                                        column or less; or.      gas flow rate. The       absorber inlet; or
                                       Your absorber is          units of measure must   Using the design blower
                                        designed and operated    be consistent with       capacity, with
                                        with pressure drops of   those used to            appropriate
                                        5 inches of water        calculate this ratio     adjustments for
                                        column or more, and      during the performance   pressure drop.
                                        you choose to monitor    test.
                                        the liquid-to-gas
                                        ratio, rather than
                                        only the influent
                                        liquid flow, and you
                                        want the ability to
                                        lower liquid flow with
                                        changes in gas flow.
Install CPMS for pressure at the gas   Your absorber is         Pressure drop through    You may measure the
 stream inlet and outlet of the         designed and operated    the absorber.            pressure of the inlet
 absorber.                              with pressure drops of                            gas using amperage on
                                        5 inches of water                                 the blower if a
                                        column or more.                                   correlation between
                                                                                          pressure and amperage
                                                                                          is established.
----------------------------------------------------------------------------------------------------------------


[[Page 44]]



 Sec. Table 4 to Subpart BB of Part 63--Operating Parameters, Operating 
  Limits and Data Monitoring, Recordkeeping and Compliance Frequencies

----------------------------------------------------------------------------------------------------------------
                                    You must        And you must
                                  establish the   monitor, record,
  For the operating parameter       following      and demonstrate                                         Data
     applicable to you, as       operating limit     continuous     Data measurement   Data recording    averaging
  specified in Table 3 . . .       during your    compliance using                                      period for
                                performance test    these minimum                                       compliance
                                      . . .          frequencies
------------------------------------------------------------------------------------------------------ ------------
                                       Absorbers (Wet Scrubbers)
----------------------------------------------------------------------------------------------------------------
Influent liquid flow..........  Minimum inlet     Continuous......  Every 15 minutes  Daily.
                                 liquid flow.
Influent liquid flow rate and   Minimum influent  Continuous......  Every 15 minutes  Daily.
 gas stream flow rate.           liquid-to-gas
                                 ratio.
Pressure drop.................  Pressure drop     Continuous......  Every 15 minutes  Daily.
                                 range.
----------------------------------------------------------------------------------------------------------------



 Sec. Table 5 to Subpart BB of Part 63--Calibration and Quality Control 
     Requirements for Continuous Parameter Monitoring Systems (CPMS)

------------------------------------------------------------------------
                                                    And your calibration
     If you monitor this          Your accuracy     requirements are . .
       parameter . . .        requirements are . .            .
                                        .
------------------------------------------------------------------------
Flow Rate...................  5 percent over     evaluation annually
                               the normal range of   and following any
                               flow measured or      period of more than
                               1.9 liters per        24 hours throughout
                               minute (0.5 gallons   which the flow rate
                               per minute),          exceeded the
                               whichever is          maximum rated flow
                               greater, for liquid   rate of the sensor,
                               flow rate..           or the data
                              5 percent over     scale. Checks of
                               the normal range of   all mechanical
                               flow measured or 28   connections for
                               liters per minute     leakage monthly.
                               (10 cubic feet per    Visual inspections
                               minute), whichever    and checks of CPMS
                               is greater, for gas   operation every 3
                               flow rate..           months, unless the
                              5 percent over     redundant flow
                               the normal range      sensor.
                               measured for mass    Selection of a
                               flow rate..           representative
                                                     measurement
                                                     location where
                                                     swirling flow or
                                                     abnormal velocity
                                                     distributions due
                                                     to upstream and
                                                     downstream
                                                     disturbances at the
                                                     point of
                                                     measurement are
                                                     minimized.
Pressure....................  5 percent over     obstructions (e.g.,
                               the normal range      pressure tap
                               measured or 0.12      pluggage) at least
                               kilopascals (0.5      once each process
                               inches of water       operating day.
                               column), whichever   Performance
                               is greater..          evaluation annually
                                                     and following any
                                                     period of more than
                                                     24 hours throughout
                                                     which the pressure
                                                     exceeded the
                                                     maximum rated
                                                     pressure of the
                                                     sensor, or the data
                                                     recorder was off
                                                     scale.
                                                    Checks of all
                                                     mechanical
                                                     connections for
                                                     leakage monthly.
                                                    Visual inspection of
                                                     all components for
                                                     integrity,
                                                     oxidation and
                                                     galvanic corrosion
                                                     every 3 months,
                                                     unless the CPMS has
                                                     a redundant
                                                     pressure sensor.
                                                    Selection of a
                                                     representative
                                                     measurement
                                                     location that
                                                     minimizes or
                                                     eliminates
                                                     pulsating pressure,
                                                     vibration, and
                                                     internal and
                                                     external corrosion.
------------------------------------------------------------------------



   Sec. Appendix A to Subpart BB of Part 63--Applicability of General 
          Provisions (40 CFR Part 63, Subpart A) to Subpart BB

----------------------------------------------------------------------------------------------------------------
           40 CFR citation                   Requirement         Applies to subpart BB           Comment
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1) through (4)........  General Applicability..  Yes....................  None.
Sec.   63.1(a)(5)....................  .......................  No.....................  [Reserved].
Sec.   63.1(a)(6)....................  Contact information....  Yes....................  None.
Sec.   63.1(a)(7) through (9)........  .......................  No.....................  [Reserved].
Sec.   63.1(a)(10) through (12)......  Time periods...........  Yes....................  None.
Sec.   63.1(b).......................  Initial Applicability    Yes....................  None.
                                        Determination.
Sec.   63.1(c)(1)....................  Applicability After      Yes....................  None.
                                        Standard Established.
Sec.   63.1(c)(2)....................  Permits................  Yes....................  Some plants may be area
                                                                                          sources.
Sec.   63.1(c)(3) through (4)........  .......................  No.....................  [Reserved].
Sec.   63.1(c)(5)....................  Area to Major source     Yes....................  None.
                                        change.
Sec.   63.1(d).......................  .......................  No.....................  [Reserved].

[[Page 45]]

 
Sec.   63.1(e).......................  Applicability of Permit  Yes....................  None.
                                        Program.
Sec.   63.2..........................  Definitions............  Yes....................  Additional definitions
                                                                                          in Sec.   63.621.
Sec.   63.3..........................  Units and Abbreviations  Yes....................  None.
Sec.   63.4(a)(1) and (2)............  Prohibited Activities..  Yes....................  None.
Sec.   63.4(a)(3) through (5)........  .......................  No.....................  [Reserved].
Sec.   63.4(b) and (c)...............  Circumvention/           Yes....................  None.
                                        Fragmentation.
Sec.   63.5(a).......................  Construction/            Yes....................  None.
                                        Reconstruction
                                        Applicability.
Sec.   63.5(b)(1)....................  Existing, New,           Yes....................  None.
                                        Reconstructed Sources
                                        Requirements.
Sec.   63.5(b)(2)....................  .......................  No.....................  [Reserved].
Sec.   63.5(b)(3), (4), and (6)......  Construction/            Yes....................  None.
                                        Reconstruction
                                        approval and
                                        notification.
Sec.   63.5(b)(5)....................  .......................  No.....................  [Reserved].
Sec.   63.5(c).......................  .......................  No.....................  [Reserved].
Sec.   63.5(d).......................  Application for          Yes....................  None.
                                        Approval of
                                        Construction/
                                        Reconstruction.
Sec.   63.5(e).......................  Approval of              Yes....................  None.
                                        Construction/
                                        Reconstruction.
Sec.   63.5(f).......................  Approval of              Yes....................  None.
                                        Construction/
                                        Reconstruction Based
                                        on State Review.
Sec.   63.6(a).......................  Compliance with          Yes....................  None.
                                        Standards and
                                        Maintenance
                                        Applicability.
Sec.   63.6(b)(1) through (5)........  New and Reconstructed    Yes....................  See also Sec.   63.622.
                                        Sources Dates.
Sec.   63.6(b)(6)....................  .......................  No.....................  [Reserved].
Sec.   63.6(b)(7)....................  Area to major source     Yes....................  None.
                                        change.
Sec.   63.6(c)(1) and (2)............  Existing Sources Dates.  Yes....................  Sec.   63.622 specifies
                                                                                          dates.
Sec.   63.6(c)(3) and (4)............  .......................  No.....................  [Reserved].
Sec.   63.6(c)(5)....................  Area to major source     Yes....................  None.
                                        change.
Sec.   63.6(d).......................  .......................  No.....................  [Reserved].
Sec.   63.6(e)(1)(i) and (ii)........  Operation & Maintenance  No.....................  See Sec.   63.628(b)
                                        Requirements.                                     for general duty
                                                                                          requirement.
Sec.   63.6(e)(iii)..................  .......................  Yes....................  None.
Sec.   63.6(e)(2)....................  .......................  No.....................  [Reserved].
Sec.   63.6(e)(3)....................  Startup, Shutdown, and   No.....................  None.
                                        Malfunction Plan.
Sec.   63.6(f).......................  Compliance with          No.....................  See general duty at
                                        Emission Standards.                               Sec.   63.628(b).
Sec.   63.6(g).......................  Alternative Standard...  Yes....................  None.
Sec.   63.6(h).......................  Compliance with Opacity/ No.....................  Subpart BB does not
                                        VE Standards.                                     include VE/opacity
                                                                                          standards.
Sec.   63.6(i)(1) through (14).......  Extension of Compliance  Yes....................  None.
Sec.   63.6(i)(15)...................  .......................  No.....................  [Reserved].
Sec.   63.6(i)(16)...................  .......................  Yes....................  None.
Sec.   63.6(j).......................  Exemption from           Yes....................  None.
                                        Compliance.
Sec.   63.7(a).......................  Performance Test         Yes....................  None.
                                        Requirements
                                        Applicability.
Sec.   63.7(b).......................  Notification...........  Yes....................  None.
Sec.   63.7(c).......................  Quality Assurance/Test   Yes....................  None.
                                        Plan.
Sec.   63.7(d).......................  Testing Facilities.....  Yes....................  None.
Sec.   63.7(e)(1)....................  Conduct of Tests;        No.....................  Sec.   63.626 specifies
                                        startup, shutdown and                             additional
                                        malfunction provisions.                           requirements.
Sec.   63.7(e)(2) through (4)........  Conduct of Tests.......  Yes....................  Sec.   63.626 specifies
                                                                                          additional
                                                                                          requirements.
Sec.   63.7(f).......................  Alternative Test Method  Yes....................  None.
Sec.   63.7(g).......................  Data Analysis..........  Yes....................  None.
Sec.   63.7(h).......................  Waiver of Tests........  Yes....................  None.
Sec.   63.8(a).......................  Monitoring Requirements  Yes....................  None.
                                        Applicability.
Sec.   63.8(b).......................  Conduct of Monitoring..  Yes....................  None.
Sec.   63.8(c)(1)(i).................  General duty to          No.....................  See Sec.   63.628(b)
                                        minimize emissions and                            for general duty
                                        CMS operation.                                    requirement.
Sec.   63.8(c)(1)(ii)................  .......................  Yes....................  None.
Sec.   63.8(c)(1)(iii)...............  Requirement to develop   No.....................  None.
                                        SSM Plan for CMS.
Sec.   63.8(c)(2) through (4)........  CMS Operation/           Yes....................  None.
                                        Maintenance.
Sec.   63.8(c)(5)....................  COMS Operation.........  No.....................  Subpart BB does not
                                                                                          require COMS.
Sec.   63.8(c)(6) through (8)........  CMS requirements.......  Yes....................  None.
Sec.   63.8(d)(1) and (2)............  Quality Control........  Yes....................  None.
Sec.   63.8(d)(3)....................  Written procedure for    No.....................  See Sec.   63.628 for
                                        CMS.                                              requirement.

[[Page 46]]

 
Sec.   63.8(e).......................  CMS Performance          Yes....................  None.
                                        Evaluation.
Sec.   63.8(f)(1) through (5)........  Alternative Monitoring   Yes....................  None.
                                        Method.
Sec.   63.8(f)(6)....................  Alternative to RATA      No.....................  Subpart BB does not
                                        Test.                                             require CEMS.
Sec.   63.8(g)(1)....................  Data Reduction.........  Yes....................  None.
Sec.   63.8(g)(2)....................  .......................  No.....................  Subpart BB does not
                                                                                          require COMS or CEMS.
Sec.   63.8(g)(3) through (5)........  .......................  Yes....................  None.
Sec.   63.9(a).......................  Notification             Yes....................  None.
                                        Requirements
                                        Applicability.
Sec.   63.9(b).......................  Initial Notifications..  Yes....................  None.
Sec.   63.9(c).......................  Request for Compliance   Yes....................  None.
                                        Extension.
Sec.   63.9(d).......................  New Source Notification  Yes....................  None.
                                        for Special Compliance
                                        Requirements.
Sec.   63.9(e).......................  Notification of          Yes....................  None.
                                        Performance Test.
Sec.   63.9(f).......................  Notification of VE/      No.....................  Subpart BB does not
                                        Opacity Test.                                     include VE/opacity
                                                                                          standards.
Sec.   63.9(g).......................  Additional CMS           Yes....................  None.
                                        Notifications.
Sec.   63.9(h)(1) through (3)........  Notification of          Yes....................  None.
                                        Compliance Status.
Sec.   63.9(h)(4)....................  .......................  No.....................  [Reserved].
Sec.   63.9(h)(5) and (6)............  .......................  Yes....................  None.
Sec.   63.9(i).......................  Adjustment of Deadlines  Yes....................  None.
Sec.   63.9(j).......................  Change in Previous       Yes....................  None.
                                        Information.
Sec.   63.10(a)......................  Recordkeeping/Reporting- Yes....................  None.
                                        Applicability.
Sec.   63.10(b)(1)...................  General Recordkeeping    Yes....................  None.
                                        Requirements.
Sec.   63.10(b)(2)(i)................  Startup or shutdown      No.....................  None.
                                        duration.
Sec.   63.10(b)(2)(ii)...............  Malfunction............  No.....................  See Sec.   63.627 for
                                                                                          recordkeeping and
                                                                                          reporting requirement.
Sec.   63.10(b)(2)(iii)..............  Maintenance records....  Yes....................  None.
Sec.   63.10(b)(2)(iv) and (v).......  Startup, shutdown,       No.....................  None.
                                        malfunction actions.
Sec.   63.10(b)(2)(vi) through (xiv).  General Recordkeeping    Yes....................  None.
                                        Requirements.
Sec.   63.10(b)(3)...................  General Recordkeeping    Yes....................  None.
                                        Requirements.
Sec.   63.10(c)(1)...................  Additional CMS           Yes....................  None.
                                        Recordkeeping.
Sec.   63.10(c)(2) through (4).......  .......................  No.....................  [Reserved].
Sec.   63.10(c)(5)...................  .......................  Yes....................  None.
Sec.   63.10(c)(6)...................  .......................  Yes....................  None.
Sec.   63.10(c)(7) and (8)...........  .......................  Yes....................  None.
Sec.   63.10(c)(9)...................  .......................  No.....................  [Reserved].
Sec.   63.10(c)(10) through (13).....  .......................  Yes....................  None.
Sec.   63.10(c)(14)..................  .......................  Yes....................  None.
Sec.   63.10(c)(15)..................  Startup Shutdown         No.....................  None.
                                        Malfunction Plan
                                        Provisions.
Sec.   63.10(d)(1)...................  General Reporting        Yes....................  None.
                                        Requirements.
Sec.   63.10(d)(2)...................  Performance Test         Yes....................  None.
                                        Results.
Sec.   63.10(d)(3)...................  Opacity or VE            No.....................  Subpart BB does not
                                        Observations.                                     include VE/opacity
                                                                                          standards.
Sec.   63.10(d)(4)...................  Progress Reports.......  Yes....................  None.
Sec.   63.10(d)(5)...................  Startup, Shutdown, and   No.....................  See Sec.   63.627 for
                                        Malfunction Reports.                              reporting of excess
                                                                                          emissions.
Sec.   63.10(e)(1) and (2)...........  Additional CMS Reports.  Yes....................  None.
Sec.   63.10(e)(3)...................  Excess Emissions/CMS     Yes....................  None.
                                        Performance Reports.
Sec.   63.10(e)(4)...................  COMS Data Reports......  No.....................  Subpart BB does not
                                                                                          require COMS.
Sec.   63.10(f)......................  Recordkeeping/Reporting  Yes....................  None.
                                        Waiver.
Sec.   63.11.........................  Control Device and Work  Yes....................  None.
                                        Practice Requirements.
Sec.   63.12.........................  State Authority and      Yes....................  None.
                                        Delegations.
Sec.   63.13.........................  Addresses..............  Yes....................  None.
Sec.   63.14.........................  Incorporation by         Yes....................  None.
                                        Reference.
Sec.   63.15.........................  Information              Yes....................  None.
                                        Availability/
                                        Confidentiality.
Sec.   63.16.........................  Performance Track        No.....................  Terminated.
                                        Provisions.
----------------------------------------------------------------------------------------------------------------


[[Page 47]]



Subpart CC_National Emission Standards for Hazardous Air Pollutants From 
                          Petroleum Refineries

    Source: 60 FR 43260, Aug. 18, 1995, unless otherwise noted.



Sec.  63.640  Applicability and designation of affected source.

    (a) This subpart applies to petroleum refining process units and to 
related emissions points that are specified in paragraphs (c)(1) through 
(9) of this section that are located at a plant site and that meet the 
criteria in paragraphs (a)(1) and (2) of this section:
    (1) Are located at a plant site that is a major source as defined in 
section 112(a) of the Clean Air Act; and
    (2) Emit or have equipment containing or contacting one or more of 
the hazardous air pollutants listed in table 1 of this subpart.
    (b)(1) If the predominant use of the flexible operation unit, as 
described in paragraphs (b)(1)(i) and (ii) of this section, is as a 
petroleum refining process unit, as defined in Sec.  63.641, then the 
flexible operation unit shall be subject to the provisions of this 
subpart.
    (i) Except as provided in paragraph (b)(1)(ii) of this section, the 
predominant use of the flexible operation unit shall be the use 
representing the greatest annual operating time.
    (ii) If the flexible operation unit is used as a petroleum refining 
process unit and for another purpose equally based on operating time, 
then the predominant use of the flexible operation unit shall be the use 
that produces the greatest annual production on a mass basis.
    (2) The determination of applicability of this subpart to petroleum 
refining process units that are designed and operated as flexible 
operation units shall be reported as specified in Sec.  63.655(h)(6)(i).
    (c) For the purposes of this subpart, the affected source shall 
comprise all emissions points, in combination, listed in paragraphs 
(c)(1) through (9) of this section that are located at a single refinery 
plant site.
    (1) All miscellaneous process vents from petroleum refining process 
units meeting the criteria in paragraph (a) of this section;
    (2) All storage vessels associated with petroleum refining process 
units meeting the criteria in paragraph (a) of this section;
    (3) All wastewater streams and treatment operations associated with 
petroleum refining process units meeting the criteria in paragraph (a) 
of this section;
    (4) All equipment leaks from petroleum refining process units 
meeting the criteria in paragraph (a) of this section;
    (5) All gasoline loading racks classified under Standard Industrial 
Classification code 2911 meeting the criteria in paragraph (a) of this 
section;
    (6) All marine vessel loading operations located at a petroleum 
refinery meeting the criteria in paragraph (a) of this section and the 
applicability criteria of subpart Y, Sec.  63.560;
    (7) All storage vessels and equipment leaks associated with a bulk 
gasoline terminal or pipeline breakout station classified under Standard 
Industrial Classification code 2911 located within a contiguous area and 
under common control with a refinery meeting the criteria in paragraph 
(a) of this section; and
    (8) All heat exchange systems, as defined in this subpart.
    (9) All releases associated with the decoking operations of a 
delayed coking unit, as defined in this subpart.
    (d) The affected source subject to this subpart does not include the 
emission points listed in paragraphs (d)(1) through (d)(5) of this 
section.
    (1) Stormwater from segregated stormwater sewers;
    (2) Spills;
    (3) Any pump, compressor, pressure relief device, sampling 
connection system, open-ended valve or line, valve, or instrumentation 
system that is intended to operate in organic hazardous air pollutant 
service, as defined in Sec.  63.641 of this subpart, for less than 300 
hours during the calendar year;
    (4) Catalytic cracking unit and catalytic reformer catalyst 
regeneration vents, and sulfur plant vents; and
    (5) Emission points routed to a fuel gas system, as defined in Sec.  
63.641, provided that on and after January 30,

[[Page 48]]

2019, any flares receiving gas from that fuel gas system are subject to 
Sec.  63.670. No other testing, monitoring, recordkeeping, or reporting 
is required for refinery fuel gas systems or emission points routed to 
refinery fuel gas systems.
    (e) The owner or operator of a storage vessel constructed on or 
before August 18, 1994, shall follow the procedures specified in 
paragraphs (e)(1) and (e)(2) of this section to determine whether a 
storage vessel is part of a source to which this subpart applies. The 
owner or operator of a storage vessel constructed after August 18, 1994, 
shall follow the procedures specified in paragraphs (e)(1), (e)(2)(i), 
and (e)(2)(ii) of this section to determine whether a storage vessel is 
part of a source to which this subpart applies.
    (1) Where a storage vessel is used exclusively by a process unit, 
the storage vessel shall be considered part of that process unit.
    (i) If the process unit is a petroleum refining process unit subject 
to this subpart, then the storage vessel is part of the affected source 
to which this subpart applies.
    (ii) If the process unit is not subject to this subpart, then the 
storage vessel is not part of the affected source to which this subpart 
applies.
    (2) If a storage vessel is not dedicated to a single process unit, 
then the applicability of this subpart shall be determined according to 
the provisions in paragraphs (e)(2)(i) through (e)(2)(iii) of this 
section.
    (i) If a storage vessel is shared among process units and one of the 
process units has the predominant use, as determined by paragraphs 
(e)(2)(i)(A) and (e)(2)(i)(B) of this section, then the storage vessel 
is part of that process unit.
    (A) If the greatest input on a volume basis into the storage vessel 
is from a process unit that is located on the same plant site, then that 
process unit has the predominant use.
    (B) If the greatest input on a volume basis into the storage vessel 
is provided from a process unit that is not located on the same plant 
site, then the predominant use shall be the process unit that receives 
the greatest amount of material on a volume basis from the storage 
vessel at the same plant site.
    (ii) If a storage vessel is shared among process units so that there 
is no single predominant use, and at least one of those process units is 
a petroleum refining process unit subject to this subpart, the storage 
vessel shall be considered to be part of the petroleum refining process 
unit that is subject to this subpart. If more than one petroleum 
refining process unit is subject to this subpart, the owner or operator 
may assign the storage vessel to any of the petroleum refining process 
units subject to this subpart.
    (iii) If the predominant use of a storage vessel varies from year to 
year, then the applicability of this subpart shall be determined based 
on the utilization of that storage vessel during the year preceding 
August 18, 1995. This determination shall be reported as specified in 
Sec.  63.655(h)(6)(ii).
    (f) The owner or operator of a distillation unit constructed on or 
before August 18, 1994, shall follow the procedures specified in 
paragraphs (f)(1) through (f)(4) of this section to determine whether a 
miscellaneous process vent from a distillation unit is part of a source 
to which this subpart applies. The owner or operator of a distillation 
unit constructed after August 18, 1994, shall follow the procedures 
specified in paragraphs (f)(1) through (f)(5) of this section to 
determine whether a miscellaneous process vent from a distillation unit 
is part of a source to which this subpart applies.
    (1) If the greatest input to the distillation unit is from a process 
unit located on the same plant site, then the distillation unit shall be 
assigned to that process unit.
    (2) If the greatest input to the distillation unit is provided from 
a process unit that is not located on the same plant site, then the 
distillation unit shall be assigned to the process unit located at the 
same plant site that receives the greatest amount of material from the 
distillation unit.
    (3) If a distillation unit is shared among process units so that 
there is no single predominant use, as described in paragraphs (f)(1) 
and (f)(2) of this section, and at least one of those process units is a 
petroleum refining process

[[Page 49]]

unit subject to this subpart, the distillation unit shall be assigned to 
the petroleum refining process unit that is subject to this subpart. If 
more than one petroleum refining process unit is subject to this 
subpart, the owner or operator may assign the distillation unit to any 
of the petroleum refining process units subject to this rule.
    (4) If the process unit to which the distillation unit is assigned 
is a petroleum refining process unit subject to this subpart and the 
vent stream contains greater than 20 parts per million by volume total 
organic hazardous air pollutants, then the vent from the distillation 
unit is considered a miscellaneous process vent (as defined in Sec.  
63.641 of this subpart) and is part of the source to which this subpart 
applies.
    (5) If the predominant use of a distillation unit varies from year 
to year, then the applicability of this subpart shall be determined 
based on the utilization of that distillation unit during the year 
preceding August 18, 1995. This determination shall be reported as 
specified in Sec.  63.655(h)(6)(iii).
    (g) The provisions of this subpart do not apply to the processes 
specified in paragraphs (g)(1) through (g)(7) of this section.
    (1) Research and development facilities, regardless of whether the 
facilities are located at the same plant site as a petroleum refining 
process unit that is subject to the provisions of this subpart;
    (2) Equipment that does not contain any of the hazardous air 
pollutants listed in table 1 of this subpart that is located within a 
petroleum refining process unit that is subject to this subpart;
    (3) Units processing natural gas liquids;
    (4) Units that are used specifically for recycling discarded oil;
    (5) Shale oil extraction units;
    (6) Ethylene processes; and
    (7) Process units and emission points subject to subparts F, G, H, 
and I of this part.
    (h) Sources subject to this subpart are required to achieve 
compliance on or before the dates specified in table 11 of this subpart, 
except as provided in paragraphs (h)(1) through (3) of this section.
    (1) Marine tank vessels at existing sources shall be in compliance 
with this subpart, except for Sec. Sec.  63.657 through 63.660, no later 
than August 18, 1999, unless the vessels are included in an emissions 
average to generate emission credits. Marine tank vessels used to 
generate credits in an emissions average shall be in compliance with 
this subpart no later than August 18, 1998, unless an extension has been 
granted by the Administrator as provided in Sec.  63.6(i).
    (2) Existing Group 1 floating roof storage vessels meeting the 
applicability criteria in item 1 of the definition of Group 1 storage 
vessel shall be in compliance with Sec.  63.646 at the first degassing 
and cleaning activity after August 18, 1998, or August 18, 2005, 
whichever is first.
    (3) An owner or operator may elect to comply with the provisions of 
Sec.  63.648(c) through (i) as an alternative to the provisions of Sec.  
63.648(a) and (b). In such cases, the owner or operator shall comply no 
later than the dates specified in paragraphs (h)(3)(i) through (iii) of 
this section.
    (i) Phase I (see table 2 of this subpart), beginning on August 18, 
1998;
    (ii) Phase II (see table 2 of this subpart), beginning no later than 
August 18, 1999; and
    (iii) Phase III (see table 2 of this subpart), beginning no later 
than February 18, 2001.
    (i) If an additional petroleum refining process unit is added to a 
plant site that is a major source as defined in section 112(a) of the 
Clean Air Act, the addition shall be subject to the requirements for a 
new source if it meets the criteria specified in paragraphs (i)(1) 
through (i)(3) of this section:
    (1) It is an addition that meets the definition of construction in 
Sec.  63.2 of subpart A of this part;
    (2) Such construction commenced after July 14, 1994; and
    (3) The addition has the potential to emit 10 tons per year or more 
of any hazardous air pollutant or 25 tons per year or more of any 
combination of hazardous air pollutants.
    (j) If any change is made to a petroleum refining process unit 
subject to

[[Page 50]]

this subpart, the change shall be subject to the requirements for a new 
source if it meets the criteria specified in paragraphs (j)(1) and 
(j)(2) of this section:
    (1) It is a change that meets the definition of reconstruction in 
Sec.  63.2 of subpart A of this part; and
    (2) Such reconstruction commenced after July 14, 1994.
    (k) If an additional petroleum refining process unit is added to a 
plant site or a change is made to a petroleum refining process unit and 
the addition or change is determined to be subject to the new source 
requirements according to paragraphs (i) or (j) of this section it must 
comply with the requirements specified in paragraphs (k)(1) and (k)(2) 
of this section:
    (1) The reconstructed source, addition, or change shall be in 
compliance with the new source requirements in item (1), (2), or (3) of 
table 11 of this subpart, as applicable, upon initial startup of the 
reconstructed source or by August 18, 1995, whichever is later; and
    (2) The owner or operator of the reconstructed source, addition, or 
change shall comply with the reporting and recordkeeping requirements 
that are applicable to new sources. The applicable reports include, but 
are not limited to:
    (i) The application for approval of construction or reconstruction 
shall be submitted as soon as practical before the construction or 
reconstruction is planned to commence (but it need not be sooner than 
November 16, 1995);
    (ii) The Notification of Compliance Status report as required by 
Sec.  63.655(f) for a new source, addition, or change;
    (iii) Periodic Reports and other reports as required by Sec.  
63.655(g) and (h);
    (iv) Reports and notifications required by Sec.  60.487 of subpart 
VV of part 60 or Sec.  63.182 of subpart H of this part. The 
requirements for subpart H are summarized in table 3 of this subpart;
    (v) Reports required by 40 CFR 61.357 of subpart FF;
    (vi) Reports and notifications required by Sec.  63.428(b), (c), 
(g)(1), (h)(1) through (h)(3), and (k) of subpart R. These requirements 
are summarized in table 4 of this subpart; and
    (vii) Reports and notifications required by Sec. Sec.  63.565 and 
63.567 of subpart Y of this part. These requirements are summarized in 
table 5 of this subpart.
    (l) If an additional petroleum refining process unit is added to a 
plant site or if a miscellaneous process vent, storage vessel, gasoline 
loading rack, marine tank vessel loading operation, heat exchange 
system, or decoking operation that meets the criteria in paragraphs 
(c)(1) through (9) of this section is added to an existing petroleum 
refinery or if another deliberate operational process change creating an 
additional Group 1 emissions point(s) (as defined in Sec.  63.641) is 
made to an existing petroleum refining process unit, and if the addition 
or process change is not subject to the new source requirements as 
determined according to paragraph (i) or (j) of this section, the 
requirements in paragraphs (l)(1) through (4) of this section shall 
apply. Examples of process changes include, but are not limited to, 
changes in production capacity, or feed or raw material where the change 
requires construction or physical alteration of the existing equipment 
or catalyst type, or whenever there is replacement, removal, or addition 
of recovery equipment. For purposes of this paragraph (l) and paragraph 
(m) of this section, process changes do not include: Process upsets, 
unintentional temporary process changes, and changes that are within the 
equipment configuration and operating conditions documented in the 
Notification of Compliance Status report required by Sec.  63.655(f).
    (1) The added emission point(s) and any emission point(s) within the 
added or changed petroleum refining process unit are subject to the 
requirements for an existing source.
    (2) The added emission point(s) and any emission point(s) within the 
added or changed petroleum refining process unit shall be in compliance 
with the applicable requirements in item (4) of table 11 of this subpart 
by the dates specified in paragraph (l)(2)(i) or (ii) of this section.
    (i) If a petroleum refining process unit is added to a plant site or 
an emission point(s) is added to any existing petroleum refining process 
unit, the added emission point(s) shall be in

[[Page 51]]

compliance upon initial startup of any added petroleum refining process 
unit or emission point(s) or by the applicable compliance date in item 
(4) of table 11 of this subpart, whichever is later.
    (ii) If a deliberate operational process change to an existing 
petroleum refining process unit causes a Group 2 emission point to 
become a Group 1 emission point (as defined in Sec.  63.641), the owner 
or operator shall be in compliance upon initial startup or by August 18, 
1998, whichever is later, unless the owner or operator demonstrates to 
the Administrator that achieving compliance will take longer than making 
the change. If this demonstration is made to the Administrator's 
satisfaction, the owner or operator shall follow the procedures in 
paragraphs (m)(1) through (m)(3) of this section to establish a 
compliance date.
    (3) The owner or operator of a petroleum refining process unit or of 
a storage vessel, miscellaneous process vent, wastewater stream, 
gasoline loading rack, marine tank vessel loading operation, heat 
exchange system, or decoking operation meeting the criteria in 
paragraphs (c)(1) through (9) of this section that is added to a plant 
site and is subject to the requirements for existing sources shall 
comply with the reporting and recordkeeping requirements that are 
applicable to existing sources including, but not limited to, the 
reports listed in paragraphs (l)(3)(i) through (vii) of this section. A 
process change to an existing petroleum refining process unit shall be 
subject to the reporting requirements for existing sources including, 
but not limited to, the reports listed in paragraphs (l)(3)(i) through 
(vii) of this section. The applicable reports include, but are not 
limited to:
    (i) The Notification of Compliance Status report as required by 
Sec.  63.655(f) for the emission points that were added or changed;
    (ii) Periodic Reports and other reports as required by Sec.  
63.655(g) and (h);
    (iii) Reports and notifications required by sections of subpart A of 
this part that are applicable to this subpart, as identified in table 6 
of this subpart.
    (iv) Reports and notifications required by Sec.  63.182, or 40 CFR 
60.487. The requirements of subpart H of this part are summarized in 
table 3 of this subpart;
    (v) Reports required by Sec.  61.357 of subpart FF;
    (vi) Reports and notifications required by Sec.  63.428(b), (c), 
(g)(1), (h)(1) through (h)(3), and (k) of subpart R. These requirements 
are summarized in table 4 of this subpart; and
    (vii) Reports and notifications required by Sec. Sec.  63.565 and 
63.567 of subpart Y. These requirements are summarized in table 5 of 
this subpart.
    (4) If pumps, compressors, pressure relief devices, sampling 
connection systems, open-ended valves or lines, valves, or 
instrumentation systems are added to an existing source, they are 
subject to the equipment leak standards for existing sources in Sec.  
63.648. A notification of compliance status report shall not be required 
for such added equipment.
    (m) If a change that does not meet the criteria in paragraph (l) of 
this section is made to a petroleum refining process unit subject to 
this subpart, and the change causes a Group 2 emission point to become a 
Group 1 emission point (as defined in Sec.  63.641), then the owner or 
operator shall comply with the applicable requirements of this subpart 
for existing sources, as specified in item (4) of table 11 of this 
subpart, for the Group 1 emission point as expeditiously as practicable, 
but in no event later than 3 years after the emission point becomes 
Group 1.
    (1) The owner or operator shall submit to the Administrator for 
approval a compliance schedule, along with a justification for the 
schedule.
    (2) The compliance schedule shall be submitted within 180 days after 
the change is made, unless the compliance schedule has been previously 
submitted to the permitting authority. If it is not possible to 
determine until after the change is implemented whether the emission 
point has become Group 1, the compliance schedule shall be submitted 
within 180 days of the date when the affect of the change is known to 
the source. The compliance schedule may be submitted in the next 
Periodic Report if the change is made after the date the Notification of 
Compliance Status report is due.

[[Page 52]]

    (3) The Administrator shall approve or deny the compliance schedule 
or request changes within 120 calendar days of receipt of the compliance 
schedule and justification. Approval is automatic if not received from 
the Administrator within 120 calendar days of receipt.
    (n) Overlap of this subpart with other regulations for storage 
vessels. As applicable, paragraphs (n)(1), (3), (4), (6), and (7) of 
this section apply for Group 2 storage vessels and paragraphs (n)(2) and 
(5) of this section apply for Group 1 storage vessels.
    (1) After the compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is subject to the provisions of 
40 CFR part 60, subpart Kb, is required to comply only with the 
requirements of 40 CFR part 60, subpart Kb, except as provided in 
paragraph (n)(8) of this section. After the compliance dates specified 
in paragraph (h) of this section, a Group 2 storage vessel that is 
subject to the provisions of 40 CFR part 61, subpart Y, is required to 
comply only with the requirements of 40 CFR part 61, subpart Y, except 
as provided in paragraph (n)(10) of this section.
    (2) After the compliance dates specified in paragraph (h) of this 
section, a Group 1 storage vessel that is also subject to 40 CFR part 
60, subpart Kb, is required to comply only with either 40 CFR part 60, 
subpart Kb, except as provided in paragraph (n)(8) of this section or 
this subpart. After the compliance dates specified in paragraph (h) of 
this section, a Group 1 storage vessel that is also subject to 40 CFR 
part 61, subpart Y, is required to comply only with either 40 CFR part 
61, subpart Y, except as provided in paragraph (n)(10) of this section 
or this subpart.
    (3) After the compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is part of a new source and is 
subject to 40 CFR 60.110b, but is not required to apply controls by 40 
CFR 60.110b or 60.112b, is required to comply only with this subpart.
    (4) After the compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is part of a new source and is 
subject to 40 CFR 61.270, but is not required to apply controls by 40 
CFR 61.271, is required to comply only with this subpart.
    (5) After the compliance dates specified in paragraph (h) of this 
section, a Group 1 storage vessel that is also subject to the provisions 
of 40 CFR part 60, subpart K or Ka, is required to only comply with the 
provisions of this subpart.
    (6) After compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is subject to the control 
requirements of 40 CFR part 60, subparts K or Ka is required to comply 
only with the provisions of 40 CFR part 60, subparts K or Ka except as 
provided for in paragraph (n)(9) of this section.
    (7) After the compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is subject to 40 CFR part 60, 
subparts K or Ka, but not to the control requirements of 40 CFR part 60, 
subparts K or Ka, is required to comply only with this subpart.
    (8) Storage vessels described by paragraph (n)(1) of this section 
are to comply with 40 CFR part 60, subpart Kb, except as provided in 
paragraphs (n)(8)(i) through (vi) of this section. Storage vessels 
described by paragraph (n)(2) electing to comply with part 60, subpart 
Kb of this chapter shall comply with subpart Kb except as provided in 
paragraphs (n)(8)(i) through (viii) of this section.
    (i) Storage vessels that are to comply with Sec.  60.112b(a)(2) of 
subpart Kb are exempt from the secondary seal requirements of Sec.  
60.112b(a)(2)(i)(B) during the gap measurements for the primary seal 
required by Sec.  60.113b(b) of subpart Kb.
    (ii) If the owner or operator determines that it is unsafe to 
perform the seal gap measurements required in Sec.  60.113b(b) of this 
chapter or to inspect the vessel to determine compliance with Sec.  
60.113b(a) of this chapter because the roof appears to be structurally 
unsound and poses an imminent danger to inspecting personnel, the owner 
or operator shall comply with the requirements in either Sec.  
63.120(b)(7)(i) or (ii) of subpart G (only up to the compliance date 
specified in paragraph (h) of this section for compliance with Sec.  
63.660, as applicable) or either

[[Page 53]]

Sec.  63.1063(c)(2)(iv)(A) or (B) of subpart WW.
    (iii) If a failure is detected during the inspections required by 
Sec.  60.113b(a)(2) or during the seal gap measurements required by 
Sec.  60.113b(b)(1), and the vessel cannot be repaired within 45 days 
and the vessel cannot be emptied within 45 days, the owner or operator 
may utilize up to two extensions of up to 30 additional calendar days 
each. The owner or operator is not required to provide a request for the 
extension to the Administrator.
    (iv) If an extension is utilized in accordance with paragraph 
(n)(8)(iii) of this section, the owner or operator shall, in the next 
periodic report, identify the vessel, provide the information listed in 
Sec.  60.113b(a)(2) or Sec.  60.113b(b)(4)(iii), and describe the nature 
and date of the repair made or provide the date the storage vessel was 
emptied.
    (v) Owners and operators of storage vessels complying with subpart 
Kb of part 60 may submit the inspection reports required by Sec. Sec.  
60.115b(a)(3), (a)(4), and (b)(4) of subpart Kb as part of the periodic 
reports required by this subpart, rather than within the 30-day period 
specified in Sec. Sec.  60.115b(a)(3), (a)(4), and (b)(4) of subpart Kb.
    (vi) The reports of rim seal inspections specified in Sec.  
60.115b(b)(2) are not required if none of the measured gaps or 
calculated gap areas exceed the limitations specified in Sec.  
60.113b(b)(4). Documentation of the inspections shall be recorded as 
specified in Sec.  60.115b(b)(3).
    (vii) To be in compliance with Sec.  60.112b(a)(1)(iv) or (a)(2)(ii) 
of this chapter, guidepoles in floating roof storage vessels must be 
equipped with covers and/or controls (e.g., pole float system, pole 
sleeve system, internal sleeve system or flexible enclosure system) as 
appropriate to comply with the ``no visible gap'' requirement.
    (viii) If a flare is used as a control device for a storage vessel, 
on and after January 30, 2019, the owner or operator must meet the 
requirements of Sec.  63.670 instead of the requirements referenced from 
part 60, subpart Kb of this chapter for that flare.
    (9) Storage vessels described by paragraph (n)(6) of this section 
that are to comply with 40 CFR part 60, subpart Ka, are to comply with 
only subpart Ka except as provided for in paragraphs (n)(9)(i) through 
(n)(9)(iv) of this section.
    (i) If the owner or operator determines that it is unsafe to perform 
the seal gap measurements required in Sec.  60.113a(a)(1) of this 
chapter because the floating roof appears to be structurally unsound and 
poses an imminent danger to inspecting personnel, the owner or operator 
shall comply with the requirements in either Sec.  63.120(b)(7)(i) or 
(ii) of subpart G (only up to the compliance date specified in paragraph 
(h) of this section for compliance with Sec.  63.660, as applicable) or 
either Sec.  63.1063(c)(2)(iv)(A) or (B) of subpart WW.
    (ii) If a failure is detected during the seal gap measurements 
required by Sec.  60.113a(a)(1) of subpart Ka, and the vessel cannot be 
repaired within 45 days and the vessel cannot be emptied within 45 days, 
the owner or operator may utilize up to 2 extensions of up to 30 
additional calendar days each.
    (iii) If an extension is utilized in accordance with paragraph 
(n)(9)(ii) of this section, the owner or operator shall, in the next 
periodic report, identify the vessel, describe the nature and date of 
the repair made or provide the date the storage vessel was emptied. The 
owner or operator shall also provide documentation of the decision to 
utilize an extension including a description of the failure, 
documentation that alternate storage capacity is unavailable, and a 
schedule of actions that will ensure that the control equipment will be 
repaired or the vessel emptied as soon as possible.
    (iv) Owners and operators of storage vessels complying with subpart 
Ka of part 60 may submit the inspection reports required by Sec.  
60.113a(a)(1)(i)(E) of subpart Ka as part of the periodic reports 
required by this subpart, rather than within the 60-day period specified 
in Sec.  60.113a(a)(1)(i)(E) of subpart Ka.
    (10) Storage vessels described by paragraph (n)(1) of this section 
are to comply with 40 CFR part 61, subpart Y, except as provided in 
paragraphs (n)(10)(i) through (vi) of this section. Storage vessels 
described by paragraph (n)(2) electing to comply with 40 CFR part 61, 
subpart Y, shall comply with

[[Page 54]]

subpart Y except as provided for in paragraphs (n)(10)(i) through (viii) 
of this section.
    (i) Storage vessels that are to comply with Sec.  61.271(b) of this 
chapter are exempt from the secondary seal requirements of Sec.  
61.271(b)(2)(ii) of this chapter during the gap measurements for the 
primary seal required by Sec.  61.272(b) of this chapter.
    (ii) If the owner or operator determines that it is unsafe to 
perform the seal gap measurements required in Sec.  61.272(b) of this 
chapter or to inspect the vessel to determine compliance with Sec.  
61.272(a) of this chapter because the roof appears to be structurally 
unsound and poses an imminent danger to inspecting personnel, the owner 
or operator shall comply with the requirements in either Sec.  
63.120(b)(7)(i) or (ii) of subpart G (only up to the compliance date 
specified in paragraph (h) of this section for compliance with Sec.  
63.660, as applicable) or either Sec.  63.1063(c)(2)(iv)(A) or (B) of 
subpart WW.
    (iii) If a failure is detected during the inspections required by 
Sec.  61.272(a)(2) of this chapter or during the seal gap measurements 
required by Sec.  61.272(b)(1) of this chapter, and the vessel cannot be 
repaired within 45 days and the vessel cannot be emptied within 45 days, 
the owner or operator may utilize up to two extensions of up to 30 
additional calendar days each. The owner or operator is not required to 
provide a request for the extension to the Administrator.
    (iv) If an extension is utilized in accordance with paragraph 
(n)(10)(iii) of this section, the owner or operator shall, in the next 
periodic report, identify the vessel, provide the information listed in 
Sec.  61.272(a)(2) or (b)(4)(iii) of this chapter, and describe the 
nature and date of the repair made or provide the date the storage 
vessel was emptied.
    (v) Owners and operators of storage vessels complying with 40 CFR 
part 61, subpart Y, may submit the inspection reports required by Sec.  
61.275(a), (b)(1), and (d) of this chapter as part of the periodic 
reports required by this subpart, rather than within the 60-day period 
specified in Sec.  61.275(a), (b)(1), and (d) of this chapter.
    (vi) The reports of rim seal inspections specified in Sec.  
61.275(d) of this chapter are not required if none of the measured gaps 
or calculated gap areas exceed the limitations specified in Sec.  
61.272(b)(4) of this chapter. Documentation of the inspections shall be 
recorded as specified in Sec.  61.276(a) of this chapter.
    (vii) To be in compliance with Sec.  61.271(a)(6) or (b)(3) of this 
chapter, guidepoles in floating roof storage vessels must be equipped 
with covers and/or controls (e.g., pole float system, pole sleeve 
system, internal sleeve system or flexible enclosure system) as 
appropriate to comply with the ``no visible gap'' requirement.
    (viii) If a flare is used as a control device for a storage vessel, 
on and after January 30, 2019, the owner or operator must meet the 
requirements of Sec.  63.670 instead of the requirements referenced from 
part 61, subpart Y of this chapter for that flare.
    (o) Overlap of this subpart CC with other regulations for 
wastewater.
    (1) After the compliance dates specified in paragraph (h) of this 
section a Group 1 wastewater stream managed in a piece of equipment that 
is also subject to the provisions of 40 CFR part 60, subpart QQQ is 
required to comply only with this subpart.
    (2) After the compliance dates specified in paragraph (h) of this 
section a Group 1 or Group 2 wastewater stream that is conveyed, stored, 
or treated in a wastewater stream management unit that also receives 
streams subject to the provisions of Sec. Sec.  63.133 through 63.147 of 
subpart G wastewater provisions of this part shall comply as specified 
in paragraph (o)(2)(i) or (o)(2)(ii) of this section. Compliance with 
the provisions of paragraph (o)(2) of this section shall constitute 
compliance with the requirements of this subpart for that wastewater 
stream.
    (i) Comply with paragraphs (o)(2)(i)(A) through (D) of this section.
    (A) The provisions in Sec. Sec.  63.133 through 63.140 of subpart G 
for all equipment used in the storage and conveyance of the Group 1 or 
Group 2 wastewater stream.
    (B) The provisions in both 40 CFR part 61, subpart FF and in 
Sec. Sec.  63.138 and 63.139 of subpart G for the treatment

[[Page 55]]

and control of the Group 1 or Group 2 wastewater stream.
    (C) The provisions in Sec. Sec.  63.143 through 63.148 of subpart G 
for monitoring and inspections of equipment and for recordkeeping and 
reporting requirements. The owner or operator is not required to comply 
with the monitoring, recordkeeping, and reporting requirements 
associated with the treatment and control requirements in 40 CFR part 
61, subpart FF, Sec. Sec.  61.355 through 61.357.
    (D) If a flare is used as a control device, on and after January 30, 
2019, the flare shall meet the requirements of Sec.  63.670. Prior to 
January 30, 2019, the flare shall meet the applicable requirements of 40 
CFR part 61, subpart FF, and subpart G of this part, or the requirements 
of Sec.  63.670.
    (ii) Comply with paragraphs (o)(2)(ii)(A) through (C) of this 
section.
    (A) Comply with the provisions of Sec. Sec.  63.133 through 63.148 
and Sec. Sec.  63.151 and 63.152 of subpart G.
    (B) For any Group 2 wastewater stream or organic stream whose 
benzene emissions are subject to control through the use of one or more 
treatment processes or waste management units under the provisions of 40 
CFR part 61, subpart FF on or after December 31, 1992, comply with the 
requirements of Sec.  63.133 through Sec.  63.147 of subpart G for Group 
1 wastewater streams.
    (C) If a flare is used as a control device, on and after January 30, 
2019, the flare shall meet the requirements of Sec.  63.670. Prior to 
January 30, 2019, the flare shall meet the applicable requirements of 40 
CFR part 61, subpart FF, and subpart G of this part, or the requirements 
of Sec.  63.670.
    (p) Overlap of subpart CC with other regulations for equipment 
leaks.
    (1) After the compliance dates specified in paragraph (h) of this 
section, equipment leaks that are also subject to the provisions of 40 
CFR parts 60 and 61 standards promulgated before September 4, 2007, are 
required to comply only with the provisions specified in this subpart.
    (2) Equipment leaks that are also subject to the provisions of 40 
CFR part 60, subpart GGGa, are required to comply only with the 
provisions specified in 40 CFR part 60, subpart GGGa.
    (q) For overlap of subpart CC with local or State regulations, the 
permitting authority for the affected source may allow consolidation of 
the monitoring, recordkeeping, and reporting requirements under this 
subpart with the monitoring, recordkeeping, and reporting requirements 
under other applicable requirements in 40 CFR parts 60, 61, or 63, and 
in any 40 CFR part 52 approved State implementation plan provided the 
implementation plan allows for approval of alternative monitoring, 
reporting, or recordkeeping requirements and provided that the permit 
contains an equivalent degree of compliance and control.
    (r) Overlap of subpart CC with other regulations for gasoline 
loading racks. After the compliance dates specified in paragraph (h) of 
this section, a Group 1 gasoline loading rack that is part of a source 
subject to subpart CC and also is subject to the provisions of 40 CFR 
part 60, subpart XX is required to comply only with this subpart.
    (s) Overlap of this subpart with other regulation for flares. On 
January 30, 2019, flares that are subject to the provisions of 40 CFR 
60.18 or 63.11 and subject to this subpart are required to comply only 
with the provisions specified in this subpart. Prior to January 30, 
2019, flares that are subject to the provisions of 40 CFR 60.18 or 63.11 
and elect to comply with the requirements in Sec. Sec.  63.670 and 
63.671 are required to comply only with the provisions specified in this 
subpart.

[60 FR 43260, Aug. 18, 1995; 61 FR 7051, Feb. 23, 1996, as amended at 61 
FR 29878, June 12, 1996; 63 FR 44140, Aug. 18, 1998; 66 FR 28841, May 
25, 2001; 74 FR 55683, Oct. 28, 2009; 78 FR 37145, June 20, 2013; 80 FR 
75237, Dec. 1, 2015]



Sec.  63.641  Definitions.

    All terms used in this subpart shall have the meaning given them in 
the Clean Air Act, subpart A of this part, and in this section. If the 
same term is defined in subpart A and in this section, it shall have the 
meaning given in this section for purposes of this subpart.
    Affected source means the collection of emission points to which 
this subpart applies as determined by the criteria in Sec.  63.640.

[[Page 56]]

    Aliphatic means open-chained structure consisting of paraffin, 
olefin and acetylene hydrocarbons and derivatives.
    Annual average true vapor pressure means the equilibrium partial 
pressure exerted by the stored liquid at the temperature equal to the 
annual average of the liquid storage temperature for liquids stored 
above or below the ambient temperature or at the local annual average 
temperature reported by the National Weather Service for liquids stored 
at the ambient temperature, as determined:
    (1) In accordance with methods specified in Sec.  63.111 of subpart 
G of this part;
    (2) From standard reference texts; or
    (3) By any other method approved by the Administrator.
    Assist air means all air that intentionally is introduced prior to 
or at a flare tip through nozzles or other hardware conveyance for the 
purposes including, but not limited to, protecting the design of the 
flare tip, promoting turbulence for mixing or inducing air into the 
flame. Assist air includes premix assist air and perimeter assist air. 
Assist air does not include the surrounding ambient air.
    Assist steam means all steam that intentionally is introduced prior 
to or at a flare tip through nozzles or other hardware conveyance for 
the purposes including, but not limited to, protecting the design of the 
flare tip, promoting turbulence for mixing or inducing air into the 
flame. Assist steam includes, but is not necessarily limited to, center 
steam, lower steam and upper steam.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator.
    By compound means by individual stream components, not by carbon 
equivalents.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve (e.g., from opened to closed) in such a 
way that the position of the valve cannot be changed without breaking 
the seal.
    Center steam means the portion of assist steam introduced into the 
stack of a flare to reduce burnback.
    Closed blowdown system means a system used for depressuring process 
vessels that is not open to the atmosphere and is configured of piping, 
ductwork, connections, accumulators/knockout drums, and, if necessary, 
flow inducing devices that transport gas or vapor from a process vessel 
to a control device or back into the process.
    Closed vent system means a system that is not open to the atmosphere 
and is configured of piping, ductwork, connections, and, if necessary, 
flow inducing devices that transport gas or vapor from an emission point 
to a control device or back into the process. If gas or vapor from 
regulated equipment is routed to a process (e.g., to a petroleum 
refinery fuel gas system), the process shall not be considered a closed 
vent system and is not subject to closed vent system standards.
    Combustion device means an individual unit of equipment such as a 
flare, incinerator, process heater, or boiler used for the combustion of 
organic hazardous air pollutant vapors.
    Combustion zone means the area of the flare flame where the 
combustion zone gas combines for combustion.
    Combustion zone gas means all gases and vapors found just after a 
flare tip. This gas includes all flare vent gas, total steam, and premix 
air.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipe lines or a pipe line and a piece of equipment. A common 
connector is a flange. Joined fittings welded completely around the 
circumference of the interface are not considered connectors for the 
purpose of this regulation. For the purpose of reporting and 
recordkeeping, connector means joined fittings that are accessible.
    Continuous record means documentation, either in hard copy or 
computer readable form, of data values measured at least once every hour 
and recorded at the frequency specified in Sec.  63.655(i).
    Continuous recorder means a data recording device recording an 
instantaneous data value or an average data value at least once every 
hour.
    Control device means any equipment used for recovering, removing, or 
oxidizing organic hazardous air pollutants. Such equipment includes, but 
is not limited to, absorbers, carbon

[[Page 57]]

adsorbers, condensers, incinerators, flares, boilers, and process 
heaters. For miscellaneous process vents (as defined in this section), 
recovery devices (as defined in this section) are not considered control 
devices.
    Cooling tower means a heat removal device used to remove the heat 
absorbed in circulating cooling water systems by transferring the heat 
to the atmosphere using natural or mechanical draft.
    Cooling tower return line means the main water trunk lines at the 
inlet to the cooling tower before exposure to the atmosphere.
    Decoking operations means the sequence of steps conducted at the end 
of the delayed coking unit's cooling cycle to open the coke drum to the 
atmosphere in order to remove coke from the coke drum. Decoking 
operations begin at the end of the cooling cycle when steam released 
from the coke drum is no longer discharged via the unit's blowdown 
system but instead is vented directly to the atmosphere. Decoking 
operations include atmospheric depressuring (venting), deheading, 
draining, and decoking (coke cutting).
    Delayed coking unit means a refinery process unit in which high 
molecular weight petroleum derivatives are thermally cracked and 
petroleum coke is produced in a series of closed, batch system reactors. 
A delayed coking unit includes, but is not limited to, all of the coke 
drums associated with a single fractionator; the fractionator, including 
the bottoms receiver and the overhead condenser; the coke drum cutting 
water and quench system, including the jet pump and coker quench water 
tank; and the coke drum blowdown recovery compressor system.
    Delayed coker vent means a miscellaneous process vent that contains 
uncondensed vapors from the delayed coking unit's blowdown system. 
Venting from the delayed coker vent is typically intermittent in nature, 
and occurs primarily during the cooling cycle of a delayed coking unit 
coke drum when vapor from the coke drums cannot be sent to the 
fractionator column for product recovery. The emissions from the 
decoking operations, which include direct atmospheric venting, 
deheading, draining, or decoking (coke cutting), are not considered to 
be delayed coker vents.
    Distillate receiver means overhead receivers, overhead accumulators, 
reflux drums, and condenser(s) including ejector-condenser(s) associated 
with a distillation unit.
    Distillation unit means a device or vessel in which one or more feed 
streams are separated into two or more exit streams, each exit stream 
having component concentrations different from those in the feed 
stream(s). The separation is achieved by the redistribution of the 
components between the liquid and the vapor phases by vaporization and 
condensation as they approach equilibrium within the distillation unit. 
Distillation unit includes the distillate receiver, reboiler, and any 
associated vacuum pump or steam jet.
    Emission point means an individual miscellaneous process vent, 
storage vessel, wastewater stream, equipment leak, decoking operation or 
heat exchange system associated with a petroleum refining process unit; 
an individual storage vessel or equipment leak associated with a bulk 
gasoline terminal or pipeline breakout station classified under Standard 
Industrial Classification code 2911; a gasoline loading rack classified 
under Standard Industrial Classification code 2911; or a marine tank 
vessel loading operation located at a petroleum refinery.
    Equipment leak means emissions of organic hazardous air pollutants 
from a pump, compressor, pressure relief device, sampling connection 
system, open-ended valve or line, valve, or instrumentation system ``in 
organic hazardous air pollutant service'' as defined in this section. 
Vents from wastewater collection and conveyance systems (including, but 
not limited to wastewater drains, sewer vents, and sump drains), tank 
mixers, and sample valves on storage tanks are not equipment leaks.
    Flame zone means the portion of a combustion chamber of a boiler or 
process heater occupied by the flame envelope created by the primary 
fuel.
    Flare means a combustion device lacking an enclosed combustion 
chamber that uses an uncontrolled volume of ambient air to burn gases. 
For the purposes of this rule, the definition of

[[Page 58]]

flare includes, but is not necessarily limited to, air-assisted flares, 
steam-assisted flares and non-assisted flares.
    Flare purge gas means gas introduced between a flare header's water 
seal and the flare tip to prevent oxygen infiltration (backflow) into 
the flare tip. For a flare with no water seal, the function of flare 
purge gas is performed by flare sweep gas and, therefore, by definition, 
such a flare has no flare purge gas.
    Flare supplemental gas means all gas introduced to the flare in 
order to improve the combustible characteristics of combustion zone gas.
    Flare sweep gas means, for a flare with a flare gas recovery system, 
the gas intentionally introduced into the flare header system to 
maintain a constant flow of gas through the flare header in order to 
prevent oxygen buildup in the flare header; flare sweep gas in these 
flares is introduced prior to and recovered by the flare gas recovery 
system. For a flare without a flare gas recovery system, flare sweep gas 
means the gas intentionally introduced into the flare header system to 
maintain a constant flow of gas through the flare header and out the 
flare tip in order to prevent oxygen buildup in the flare header and to 
prevent oxygen infiltration (backflow) into the flare tip.
    Flare vent gas means all gas found just prior to the flare tip. This 
gas includes all flare waste gas (i.e., gas from facility operations 
that is directed to a flare for the purpose of disposing of the gas), 
that portion of flare sweep gas that is not recovered, flare purge gas 
and flare supplemental gas, but does not include pilot gas, total steam 
or assist air.
    Flexible enclosure device means a seal made of an elastomeric fabric 
(or other material) which completely encloses a slotted guidepole or 
ladder and eliminates the vapor emission pathway from inside the storage 
vessel through the guidepole slots or ladder slots to the outside air.
    Flexible operation unit means a process unit that manufactures 
different products periodically by alternating raw materials or 
operating conditions. These units are also referred to as campaign 
plants or blocked operations.
    Flow indicator means a device that indicates whether gas is flowing, 
or whether the valve position would allow gas to flow, in a line.
    Force majeure event means a release of HAP, either directly to the 
atmosphere from a pressure relief device or discharged via a flare, that 
is demonstrated to the satisfaction of the Administrator to result from 
an event beyond the refinery owner or operator's control, such as 
natural disasters; acts of war or terrorism; loss of a utility external 
to the refinery (e.g., external power curtailment), excluding power 
curtailment due to an interruptible service agreement; and fire or 
explosion originating at a near or adjoining facility outside of the 
refinery that impacts the refinery's ability to operate.
    Fuel gas system means the offsite and onsite piping and control 
system that gathers gaseous streams generated by refinery operations, 
may blend them with sources of gas, if available, and transports the 
blended gaseous fuel at suitable pressures for use as fuel in heaters, 
furnaces, boilers, incinerators, gas turbines, and other combustion 
devices located within or outside of the refinery. The fuel is piped 
directly to each individual combustion device, and the system typically 
operates at pressures over atmospheric. The gaseous streams can contain 
a mixture of methane, light hydrocarbons, hydrogen and other 
miscellaneous species.
    Gasoline means any petroleum distillate or petroleum distillate/
alcohol blend having a Reid vapor pressure of 27.6 kilopascals or 
greater that is used as a fuel for internal combustion engines.
    Gasoline loading rack means the loading arms, pumps, meters, shutoff 
valves, relief valves, and other piping and valves necessary to fill 
gasoline cargo tanks.
    Group 1 gasoline loading rack means any gasoline loading rack 
classified under Standard Industrial Classification code 2911 that is 
located within a bulk gasoline terminal that has a gasoline throughput 
greater than 75,700 liters per day. Gasoline throughput shall be the 
maximum calculated design throughput for the terminal as may be limited 
by compliance with enforceable conditions under Federal, State, or local 
law and discovered by the Administrator and any other person.

[[Page 59]]

    Group 1 marine tank vessel means a vessel at an existing source 
loaded at any land- or sea-based terminal or structure that loads liquid 
commodities with vapor pressures greater than or equal to 10.3 
kilopascals in bulk onto marine tank vessels, that emits greater than 
9.1 megagrams of any individual HAP or 22.7 megagrams of any combination 
of HAP annually after August 18, 1999, or a vessel at a new source 
loaded at any land- or sea-based terminal or structure that loads liquid 
commodities with vapor pressures greater than or equal to 10.3 
kilopascals onto marine tank vessels.
    Group 1 miscellaneous process vent means a miscellaneous process 
vent for which the total organic HAP concentration is greater than or 
equal to 20 parts per million by volume, and the total volatile organic 
compound emissions are greater than or equal to 33 kilograms per day for 
existing sources and 6.8 kilograms per day for new sources at the outlet 
of the final recovery device (if any) and prior to any control device 
and prior to discharge to the atmosphere.
    Group 1 storage vessel means:
    (1) Prior to February 1, 2016:
    (i) A storage vessel at an existing source that has a design 
capacity greater than or equal to 177 cubic meters and stored-liquid 
maximum true vapor pressure greater than or equal to 10.4 kilopascals 
and stored-liquid annual average true vapor pressure greater than or 
equal to 8.3 kilopascals and annual average HAP liquid concentration 
greater than 4 percent by weight total organic HAP;
    (ii) A storage vessel at a new source that has a design storage 
capacity greater than or equal to 151 cubic meters and stored-liquid 
maximum true vapor pressure greater than or equal to 3.4 kilopascals and 
annual average HAP liquid concentration greater than 2 percent by weight 
total organic HAP; or
    (iii) A storage vessel at a new source that has a design storage 
capacity greater than or equal to 76 cubic meters and less than 151 
cubic meters and stored-liquid maximum true vapor pressure greater than 
or equal to 77 kilopascals and annual average HAP liquid concentration 
greater than 2 percent by weight total organic HAP.
    (2) On and after February 1, 2016:
    (i) A storage vessel at an existing source that has a design 
capacity greater than or equal to 151 cubic meters (40,000 gallons) and 
stored-liquid maximum true vapor pressure greater than or equal to 5.2 
kilopascals (0.75 pounds per square inch) and annual average HAP liquid 
concentration greater than 4 percent by weight total organic HAP;
    (ii) A storage vessel at an existing source that has a design 
storage capacity greater than or equal to 76 cubic meters (20,000 
gallons) and less than 151 cubic meters (40,000 gallons) and stored-
liquid maximum true vapor pressure greater than or equal to 13.1 
kilopascals (1.9 pounds per square inch) and annual average HAP liquid 
concentration greater than 4 percent by weight total organic HAP;
    (iii) A storage vessel at a new source that has a design storage 
capacity greater than or equal to 151 cubic meters (40,000 gallons) and 
stored-liquid maximum true vapor pressure greater than or equal to 3.4 
kilopascals (0.5 pounds per square inch) and annual average HAP liquid 
concentration greater than 2 percent by weight total organic HAP; or
    (iv) A storage vessel at a new source that has a design storage 
capacity greater than or equal to 76 cubic meters (20,000 gallons) and 
less than 151 cubic meters (40,000 gallons) and stored-liquid maximum 
true vapor pressure greater than or equal to 13.1 kilopascals (1.9 
pounds per square inch) and annual average HAP liquid concentration 
greater than 2 percent by weight total organic HAP.
    Group 1 wastewater stream means a wastewater stream at a petroleum 
refinery with a total annual benzene loading of 10 megagrams per year or 
greater as calculated according to the procedures in 40 CFR 61.342 of 
subpart FF of part 61 that has a flow rate of 0.02 liters per minute or 
greater, a benzene concentration of 10 parts per million by weight or 
greater, and is not exempt from control requirements under the 
provisions of 40 CFR part 61, subpart FF.

[[Page 60]]

    Group 2 gasoline loading rack means a gasoline loading rack 
classified under Standard Industrial Classification code 2911 that does 
not meet the definition of a Group 1 gasoline loading rack.
    Group 2 marine tank vessel means a marine tank vessel that does not 
meet the definition of a Group 1 marine tank vessel.
    Group 2 miscellaneous process vent means a miscellaneous process 
vent that does not meet the definition of a Group 1 miscellaneous 
process vent.
    Group 2 storage vessel means a storage vessel that does not meet the 
definition of a Group 1 storage vessel.
    Group 2 wastewater stream means a wastewater stream that does not 
meet the definition of Group 1 wastewater stream.
    Hazardous air pollutant or HAP means one of the chemicals listed in 
section 112(b) of the Clean Air Act.
    Heat exchange system means a device or collection of devices used to 
transfer heat from process fluids to water without intentional direct 
contact of the process fluid with the water (i.e., non-contact heat 
exchanger) and to transport and/or cool the water in a closed-loop 
recirculation system (cooling tower system) or a once-through system 
(e.g., river or pond water). For closed-loop recirculation systems, the 
heat exchange system consists of a cooling tower, all petroleum refinery 
process unit heat exchangers that are in organic HAP service, as defined 
in this subpart, serviced by that cooling tower, and all water lines to 
and from these petroleum refinery process unit heat exchangers. For 
once-through systems, the heat exchange system consists of all heat 
exchangers that are in organic HAP service, as defined in this subpart, 
servicing an individual petroleum refinery process unit and all water 
lines to and from these heat exchangers. Sample coolers or pump seal 
coolers are not considered heat exchangers for the purpose of this 
definition and are not part of the heat exchange system. Intentional 
direct contact with process fluids results in the formation of a 
wastewater.
    Heat exchanger exit line means the cooling water line from the exit 
of one or more heat exchangers (where cooling water leaves the heat 
exchangers) to either the entrance of the cooling tower return line or 
prior to exposure to the atmosphere, in, as an example, a once-through 
cooling system, whichever occurs first.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. Auxiliary fuel may be used to heat waste 
gas to combustion temperatures. Any energy recovery section present is 
not physically formed into one manufactured or assembled unit with the 
combustion section; rather, the energy recovery section is a separate 
section following the combustion section and the two are joined by ducts 
or connections carrying flue gas.
    In heavy liquid service means that the piece of equipment is not in 
gas/vapor service or in light liquid service.
    In light liquid service means that the piece of equipment contains a 
liquid that meets the conditions specified in Sec.  60.593(d) of part 
60, subpart GGG.
    In organic hazardous air pollutant service or in organic HAP service 
means that a piece of equipment either contains or contacts a fluid 
(liquid or gas) that is at least 5 percent by weight of total organic 
HAP as determined according to the provisions of Sec.  63.180(d) of this 
part and table 1 of this subpart. The provisions of Sec.  63.180(d) also 
specify how to determine that a piece of equipment is not in organic HAP 
service.
    Leakless valve means a valve that has no external actuating 
mechanism.
    Lower steam means the portion of assist steam piped to an exterior 
annular ring near the lower part of a flare tip, which then flows 
through tubes to the flare tip, and ultimately exits the tubes at the 
flare tip.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the stored liquid at the temperature equal to the highest 
calendar-month average of the liquid storage temperature for liquids 
stored above or below the ambient temperature or at the local maximum 
monthly average temperature as reported by the National Weather Service 
for liquids stored at the ambient temperature, as determined:
    (1) In accordance with methods specified in Sec.  63.111 of subpart 
G of this part;
    (2) From standard reference texts; or

[[Page 61]]

    (3) By any other method approved by the Administrator.
    Miscellaneous process vent means a gas stream containing greater 
than 20 parts per million by volume organic HAP that is continuously or 
periodically discharged from a petroleum refining process unit meeting 
the criteria specified in Sec.  63.640(a). Miscellaneous process vents 
include gas streams that are discharged directly to the atmosphere, gas 
streams that are routed to a control device prior to discharge to the 
atmosphere, or gas streams that are diverted through a product recovery 
device prior to control or discharge to the atmosphere. Miscellaneous 
process vents include vent streams from: Caustic wash accumulators, 
distillation tower condensers/accumulators, flash/knockout drums, 
reactor vessels, scrubber overheads, stripper overheads, vacuum pumps, 
steam ejectors, hot wells, high point bleeds, wash tower overheads, 
water wash accumulators, blowdown condensers/accumulators, and delayed 
coker vents. Miscellaneous process vents do not include:
    (1) Gaseous streams routed to a fuel gas system, provided that on 
and after January 30, 2019, any flares receiving gas from the fuel gas 
system are in compliance with Sec.  63.670;
    (2) Pressure relief device discharges;
    (3) Leaks from equipment regulated under Sec.  63.648;
    (4) [Reserved]
    (5) In situ sampling systems (onstream analyzers) until February 1, 
2016. After this date, these sampling systems will be included in the 
definition of miscellaneous process vents and sampling systems 
determined to be Group 1 miscellaneous process vents must comply with 
the requirements in Sec. Sec.  63.643 and 63.644 no later than January 
30, 2019;
    (6) Catalytic cracking unit catalyst regeneration vents;
    (7) Catalytic reformer regeneration vents;
    (8) Sulfur plant vents;
    (9) Vents from control devices such as scrubbers, boilers, 
incinerators, and electrostatic precipitators applied to catalytic 
cracking unit catalyst regeneration vents, catalytic reformer 
regeneration vents, and sulfur plant vents;
    (10) Vents from any stripping operations applied to comply with the 
wastewater provisions of this subpart, subpart G of this part, or 40 CFR 
part 61, subpart FF;
    (11) Emissions associated with delayed coking unit decoking 
operations;
    (12) Vents from storage vessels;
    (13) Emissions from wastewater collection and conveyance systems 
including, but not limited to, wastewater drains, sewer vents, and sump 
drains; and
    (14) Hydrogen production plant vents through which carbon dioxide is 
removed from process streams or through which steam condensate produced 
or treated within the hydrogen plant is degassed or deaerated.
    Net heating value means the energy released as heat when a compound 
undergoes complete combustion with oxygen to form gaseous carbon dioxide 
and gaseous water (also referred to as lower heating value).
    Operating permit means a permit required by 40 CFR parts 70 or 71.
    Organic hazardous air pollutant or organic HAP in this subpart, 
means any of the organic chemicals listed in table 1 of this subpart.
    Perimeter assist air means the portion of assist air introduced at 
the perimeter of the flare tip or above the flare tip. Perimeter assist 
air includes air intentionally entrained in lower and upper steam. 
Perimeter assist air includes all assist air except premix assist air.
    Periodically discharged means discharges that are intermittent and 
associated with routine operations, maintenance activities, startups, 
shutdowns, malfunctions, or process upsets.
    Petroleum-based solvents means mixtures of aliphatic hydrocarbons or 
mixtures of one and two ring aromatic hydrocarbons.
    Petroleum refining process unit means a process unit used in an 
establishment primarily engaged in petroleum refining as defined in the 
Standard Industrial Classification code for petroleum refining (2911), 
and used primarily for the following:
    (1) Producing transportation fuels (such as gasoline, diesel fuels, 
and jet fuels), heating fuels (such as kerosene,

[[Page 62]]

fuel gas distillate, and fuel oils), or lubricants;
    (2) Separating petroleum; or
    (3) Separating, cracking, reacting, or reforming intermediate 
petroleum streams.
    (4) Examples of such units include, but are not limited to, 
petroleum-based solvent units, alkylation units, catalytic 
hydrotreating, catalytic hydrorefining, catalytic hydrocracking, 
catalytic reforming, catalytic cracking, crude distillation, lube oil 
processing, hydrogen production, isomerization, polymerization, thermal 
processes, and blending, sweetening, and treating processes. Petroleum 
refining process units also include sulfur plants.
    Pilot gas means gas introduced into a flare tip that provides a 
flame to ignite the flare vent gas.
    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.
    Premix assist air means the portion of assist air that is introduced 
to the flare vent gas, whether injected or induced, prior to the flare 
tip. Premix assist air also includes any air intentionally entrained in 
center steam.
    Primary fuel means the fuel that provides the principal heat input 
(i.e., more than 50 percent) to the device. To be considered primary, 
the fuel must be able to sustain operation without the addition of other 
fuels.
    Process heater means an enclosed combustion device that primarily 
transfers heat liberated by burning fuel directly to process streams or 
to heat transfer liquids other than water.
    Process unit means the equipment assembled and connected by pipes or 
ducts to process raw and/or intermediate materials and to manufacture an 
intended product. A process unit includes any associated storage 
vessels. For the purpose of this subpart, process unit includes, but is 
not limited to, chemical manufacturing process units and petroleum 
refining process units.
    Process unit shutdown means a work practice or operational procedure 
that stops production from a process unit or part of a process unit 
during which it is technically feasible to clear process material from a 
process unit or part of a process unit consistent with safety 
constraints and during which repairs can be accomplished. An unscheduled 
work practice or operational procedure that stops production from a 
process unit or part of a process unit for less than 24 hours is not 
considered a process unit shutdown. An unscheduled work practice or 
operational procedure that would stop production from a process unit or 
part of a process unit for a shorter period of time than would be 
required to clear the process unit or part of the process unit of 
materials and start up the unit, or would result in greater emissions 
than delay of repair of leaking components until the next scheduled 
process unit shutdown is not considered a process unit shutdown. The use 
of spare equipment and technically feasible bypassing of equipment 
without stopping production are not considered process unit shutdowns.
    Recovery device means an individual unit of equipment capable of and 
used for the purpose of recovering chemicals for use, reuse, or sale. 
Recovery devices include, but are not limited to, absorbers, carbon 
adsorbers, and condensers.
    Reference control technology for gasoline loading racks means a 
vapor collection and processing system used to reduce emissions due to 
the loading of gasoline cargo tanks to 10 milligrams of total organic 
compounds per liter of gasoline loaded or less.
    Reference control technology for marine vessels means a vapor 
collection system and a control device that reduces captured HAP 
emissions by 97 percent.
    Reference control technology for miscellaneous process vents means a 
combustion device used to reduce organic HAP emissions by 98 percent, or 
to an outlet concentration of 20 parts per million by volume.
    Reference control technology for storage vessels means either:
    (1) For Group 1 storage vessels complying with Sec.  63.660:
    (i) An internal floating roof, including an external floating roof 
converted to an internal floating roof, meeting

[[Page 63]]

the specifications of Sec.  63.1063(a)(1)(i) and (b);
    (ii) An external floating roof meeting the specifications of Sec.  
63.1063(a)(1)(ii), (a)(2), and (b); or
    (iii) [Reserved]
    (iv) A closed-vent system to a control device that reduces organic 
HAP emissions by 95 percent, or to an outlet concentration of 20 parts 
per million by volume (ppmv).
    (v) For purposes of emissions averaging, these four technologies are 
considered equivalent.
    (2) For all other storage vessels:
    (i) An internal floating roof meeting the specifications of Sec.  
63.119(b) of subpart G except for Sec.  63.119(b)(5) and (6);
    (ii) An external floating roof meeting the specifications of Sec.  
63.119(c) of subpart G except for Sec.  63.119(c)(2);
    (iii) An external floating roof converted to an internal floating 
roof meeting the specifications of Sec.  63.119(d) of subpart G except 
for Sec.  63.119(d)(2); or
    (iv) A closed-vent system to a control device that reduces organic 
HAP emissions by 95 percent, or to an outlet concentration of 20 parts 
per million by volume.
    (v) For purposes of emissions averaging, these four technologies are 
considered equivalent.
    Reference control technology for wastewater means the use of:
    (1) Controls specified in Sec. Sec.  61.343 through 61.347 of 
subpart FF of part 61;
    (2) A treatment process that achieves the emission reductions 
specified in table 7 of this subpart for each individual HAP present in 
the wastewater stream or is a steam stripper that meets the 
specifications in Sec.  63.138(g) of subpart G of this part; and
    (3) A control device to reduce by 95 percent (or to an outlet 
concentration of 20 parts per million by volume for combustion devices) 
the organic HAP emissions in the vapor streams vented from treatment 
processes (including the steam stripper described in paragraph (2) of 
this definition) managing wastewater.
    Refinery fuel gas means a gaseous mixture of methane, light 
hydrocarbons, hydrogen, and other miscellaneous species (nitrogen, 
carbon dioxide, hydrogen sulfide, etc.) that is produced in the refining 
of crude oil and/or petrochemical processes and that is separated for 
use as a fuel in boilers and process heaters throughout the refinery.
    Regulated material means any stream associated with emission sources 
listed in Sec.  63.640(c) required to meet control requirements under 
this subpart as well as any stream for which this subpart or a cross-
referencing subpart specifies that the requirements for flare control 
devices in Sec.  63.670 must be met.
    Relief valve means a valve used only to release an unplanned, 
nonroutine discharge. A relief valve discharge can result from an 
operator error, a malfunction such as a power failure or equipment 
failure, or other unexpected cause that requires immediate venting of 
gas from process equipment in order to avoid safety hazards or equipment 
damage.
    Research and development facility means laboratory and pilot plant 
operations whose primary purpose is to conduct research and development 
into new processes and products, where the operations are under the 
close supervision of technically trained personnel, and is not engaged 
in the manufacture of products for commercial sale, except in a de 
minimis manner.
    Shutdown means the cessation of a petroleum refining process unit or 
a unit operation (including, but not limited to, a distillation unit or 
reactor) within a petroleum refining process unit for purposes 
including, but not limited to, periodic maintenance, replacement of 
equipment, or repair.
    Startup means the setting into operation of a petroleum refining 
process unit for purposes of production. Startup does not include 
operation solely for purposes of testing equipment. Startup does not 
include changes in product for flexible operation units.
    Storage vessel means a tank or other vessel that is used to store 
organic liquids. Storage vessel does not include:
    (1) Vessels permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Pressure vessels designed to operate in excess of 204.9 
kilopascals and without emissions to the atmosphere;
    (3) Vessels with capacities smaller than 40 cubic meters;

[[Page 64]]

    (4) Bottoms receiver tanks; or
    (5) Wastewater storage tanks. Wastewater storage tanks are covered 
under the wastewater provisions.
    Temperature monitoring device means a unit of equipment used to 
monitor temperature and having an accuracy of 1 
percent of the temperature being monitored expressed in degrees Celsius 
or 0.5  deg.C, whichever is greater.
    Thermal expansion relief valve means a pressure relief valve 
designed to protect equipment from excess pressure due to thermal 
expansion of blocked liquid-filled equipment or piping due to ambient 
heating or heat from a heat tracing system. Pressure relief valves 
designed to protect equipment from excess pressure due to blockage 
against a pump or compressor or due to fire contingency are not thermal 
expansion relief valves.
    Total annual benzene means the total amount of benzene in waste 
streams at a facility on an annual basis as determined in Sec.  61.342 
of 40 CFR part 61, subpart FF.
    Total organic compounds or TOC, as used in this subpart, means those 
compounds excluding methane and ethane measured according to the 
procedures of Method 18 of 40 CFR part 60, appendix A. Method 25A may be 
used alone or in combination with Method 18 to measure TOC as provided 
in Sec.  63.645 of this subpart.
    Total steam means the total of all steam that is supplied to a flare 
and includes, but is not limited to, lower steam, center steam and upper 
steam.
    Upper steam means the portion of assist steam introduced via nozzles 
located on the exterior perimeter of the upper end of the flare tip.
    Wastewater means water or wastewater that, during production or 
processing, comes into direct contact with or results from the 
production or use of any raw material, intermediate product, finished 
product, byproduct, or waste product and is discharged into any 
individual drain system. Examples are feed tank drawdown; water formed 
during a chemical reaction or used as a reactant; water used to wash 
impurities from organic products or reactants; water used to cool or 
quench organic vapor streams through direct contact; and condensed steam 
from jet ejector systems pulling vacuum on vessels containing organics.
[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29879, June 12, 1996; 
62 FR 7938, Feb. 21, 1997; 63 FR 31361, June 9, 1998; 63 FR 44141, Aug. 
18, 1998; 74 FR 55685, Oct. 28, 2008; 78 FR 37146, June 20, 2013; 80 FR 
75239, Dec. 1, 2015; 81 FR 45241, July 13, 2016]



Sec.  63.642  General standards.

    (a) Each owner or operator of a source subject to this subpart is 
required to apply for a part 70 or part 71 operating permit from the 
appropriate permitting authority. If the EPA has approved a State 
operating permit program under part 70, the permit shall be obtained 
from the State authority. If the State operating permit program has not 
been approved, the source shall apply to the EPA Regional Office 
pursuant to part 71.
    (b) The emission standards set forth in this subpart shall apply at 
all times.
    (c) Table 6 of this subpart specifies the provisions of subpart A of 
this part that apply and those that do not apply to owners and operators 
of sources subject to this subpart.
    (d) Initial performance tests and initial compliance determinations 
shall be required only as specified in this subpart.
    (1) Performance tests and compliance determinations shall be 
conducted according to the schedule and procedures specified in this 
subpart.
    (2) The owner or operator shall notify the Administrator of the 
intention to conduct a performance test at least 30 days before the 
performance test is scheduled.
    (3) Performance tests shall be conducted according to the provisions 
of Sec.  63.7(e) except that performance tests shall be conducted at 
maximum representative operating capacity for the process. During the 
performance test, an owner or operator shall operate the control device 
at either maximum or minimum representative operating conditions for 
monitored control device parameters, whichever results in lower emission 
reduction. An owner or operator shall not conduct a performance test 
during startup, shutdown, periods when the control device is bypassed or 
periods when the process,

[[Page 65]]

monitoring equipment or control device is not operating properly. The 
owner/operator may not conduct performance tests during periods of 
malfunction. The owner or operator must record the process information 
that is necessary to document operating conditions during the test and 
include in such record an explanation to support that the test was 
conducted at maximum representative operating capacity. Upon request, 
the owner or operator shall make available to the Administrator such 
records as may be necessary to determine the conditions of performance 
tests.
    (4) Data shall be reduced in accordance with the EPA-approved 
methods specified in the applicable section or, if other test methods 
are used, the data and methods shall be validated according to the 
protocol in Method 301 of appendix A of this part.
    (e) All applicable records shall be maintained as specified in Sec.  
63.655(i).
    (f) All reports required under this subpart shall be sent to the 
Administrator at the addresses listed in Sec.  63.13 of subpart A of 
this part. If acceptable to both the Administrator and the owner or 
operator of a source, reports may be submitted on electronic media.
    (g) The owner or operator of an existing source subject to the 
requirements of this subpart shall control emissions of organic HAP's to 
the level represented by the following equation:
EA = 0.02[Sigma] EPV1 + [Sigma] EPV2 + 
0.05[Sigma] ES1 + [Sigma] ES2 + [Sigma] 
EGLR1C + [Sigma] EGLR2 + (R) [Sigma] 
EMV1 + [Sigma] EMV2 + [Sigma] EWW1C + 
[Sigma] EWW2

where:

EA = Emission rate, megagrams per year, allowed for the 
          source.
0.02[Sigma] EPV1 = Sum of the residual emissions, megagrams 
          per year, from all Group 1 miscellaneous process vents, as 
          defined in Sec.  63.641.
[Sigma] EPV2 = Sum of the emissions, megagrams per year, from 
          all Group 2 process vents, as defined in Sec.  63.641.
0.05[Sigma] ES1 = Sum of the residual emissions, megagrams 
          per year, from all Group 1 storage vessels, as defined in 
          Sec.  63.641.
[Sigma] ES2 = Sum of the emissions, megagrams per year, from 
          all Group 2 storage vessels, as defined in Sec.  63.641.
[Sigma] EGLR1C = Sum of the residual emissions, megagrams per 
          year, from all Group 1 gasoline loading racks, as defined in 
          Sec.  63.641.
[Sigma] EGLR2 = Sum of the emissions, megagrams per year, 
          from all Group 2 gasoline loading racks, as defined in Sec.  
          63.641.
(R)[Sigma] EMV1 = Sum of the residual emissions megagrams per 
          year, from all Group 1 marine tank vessels, as defined in 
          Sec.  63.641.
R = 0.03 for existing sources, 0.02 for new sources.
[Sigma] EMV2 = Sum of the emissions, megagrams per year from 
          all Group 2 marine tank vessels, as defined in Sec.  63.641.
[Sigma] EWW1C = Sum of the residual emissions from all Group 
          1 wastewater streams, as defined in Sec.  63.641. This term is 
          calculated for each Group 1 stream according to the equation 
          for EWWic in Sec.  63.652(h)(6).
[Sigma] EWW2 = Sum of emissions from all Group 2 wastewater 
          streams, as defined in Sec.  63.641.


The emissions level represented by this equation is dependent on the 
collection of emission points in the source. The level is not fixed and 
can change as the emissions from each emission point change or as the 
number of emission points in the source changes.
    (h) The owner or operator of a new source subject to the 
requirements of this subpart shall control emissions of organic HAP's to 
the level represented by the equation in paragraph (g) of this section.
    (i) The owner or operator of an existing source shall demonstrate 
compliance with the emission standard in paragraph (g) of this section 
by following the procedures specified in paragraph (k) of this section 
for all emission points, or by following the emissions averaging 
compliance approach specified in paragraph (l) of this section for 
specified emission points and the procedures specified in paragraph 
(k)(1) of this section.
    (j) The owner or operator of a new source shall demonstrate 
compliance with the emission standard in paragraph (h) of this section 
only by following the procedures in paragraph (k) of this section. The 
owner or operator of a new source may not use the emissions averaging 
compliance approach.
    (k) The owner or operator of an existing source may comply, and the 
owner or operator of a new source shall comply, with the applicable 
provisions in Sec. Sec.  63.643 through 63.645, 63.646 or 63.660, 
63.647, 63.650, and 63.651, as specified in Sec.  63.640(h).

[[Page 66]]

    (1) The owner or operator using this compliance approach shall also 
comply with the requirements of Sec. Sec.  63.648 and/or 63.649, 63.654, 
63.655, 63.657, 63.658, 63.670 and 63.671, as applicable.
    (2) The owner or operator using this compliance approach is not 
required to calculate the annual emission rate specified in paragraph 
(g) of this section.
    (l) The owner or operator of an existing source may elect to control 
some of the emission points within the source to different levels than 
specified under Sec. Sec.  63.643 through 63.645, 63.646 or 63.660, 
63.647, 63.650, and 63.651, as applicable according to Sec.  63.640(h), 
by using an emissions averaging compliance approach as long as the 
overall emissions for the source do not exceed the emission level 
specified in paragraph (g) of this section. The owner or operator using 
emissions averaging shall meet the requirements in paragraphs (l)(1) and 
(2) of this section.
    (1) Calculate emission debits and credits for those emission points 
involved in the emissions average according to the procedures specified 
in Sec.  63.652; and
    (2) Comply with the requirements of Sec. Sec.  63.648 and/or 63.649, 
63.654, 63.652, 63.653, 63.655, 63.657, 63.658, 63.670 and 63.671, as 
applicable.
    (m) A State may restrict the owner or operator of an existing source 
to using only the procedures in paragraph (k) of this section to comply 
with the emission standard in paragraph (g) of this section. Such a 
restriction would preclude the source from using an emissions averaging 
compliance approach.
    (n) At all times, the owner or operator must operate and maintain 
any affected source, including associated air pollution control 
equipment and monitoring equipment, in a manner consistent with safety 
and good air pollution control practices for minimizing emissions. The 
general duty to minimize emissions does not require the owner operator 
to make any further efforts to reduce emissions if levels required by 
the applicable standard have been achieved. Determination of whether a 
source is operating in compliance with operation and maintenance 
requirements will be based on information available to the Administrator 
which may include, but is not limited to, monitoring results, review of 
operation and maintenance procedures, review of operation and 
maintenance records, and inspection of the source.

[60 FR 43260, Aug. 18, 1995; 61 FR 7051, Feb. 23, 1996, as amended at 61 
FR 29879, June 12, 1996; 74 FR 55685, Oct. 28, 2009; 80 FR 75242, Dec. 
1, 2015]



Sec.  63.643  Miscellaneous process vent provisions.

    (a) The owner or operator of a Group 1 miscellaneous process vent as 
defined in Sec.  63.641 shall comply with the requirements of either 
paragraph (a)(1) or (2) of this section or, if applicable, paragraph (c) 
of this section. The owner or operator of a miscellaneous process vent 
that meets the conditions in paragraph (c) of this section is only 
required to comply with the requirements of paragraph (c) of this 
section and Sec.  63.655(g)(13) and (i)(12) for that vent.
    (1) Reduce emissions of organic HAP's using a flare. On and after 
January 30, 2019, the flare shall meet the requirements of Sec.  63.670. 
Prior to January 30, 2019, the flare shall meet the requirements of 
Sec.  63.11(b) of subpart A or the requirements of Sec.  63.670.
    (2) Reduce emissions of organic HAP's, using a control device, by 98 
weight-percent or to a concentration of 20 parts per million by volume, 
on a dry basis, corrected to 3 percent oxygen, whichever is less 
stringent. Compliance can be determined by measuring either organic 
HAP's or TOC's using the procedures in Sec.  63.645.
    (b) If a boiler or process heater is used to comply with the 
percentage of reduction requirement or concentration limit specified in 
paragraph (a)(2) of this section, then the vent stream shall be 
introduced into the flame zone of such a device, or in a location such 
that the required percent reduction or concentration is achieved. 
Testing and monitoring is required only as specified in Sec. Sec.  
63.644(a) and 63.645 of this subpart.
    (c) An owner or operator may designate a process vent as a 
maintenance vent if the vent is only used as a result of startup, 
shutdown, maintenance, or

[[Page 67]]

inspection of equipment where equipment is emptied, depressurized, 
degassed or placed into service. The owner or operator does not need to 
designate a maintenance vent as a Group 1 or Group 2 miscellaneous 
process vent. The owner of operator must comply with the applicable 
requirements in paragraphs (c)(1) through (3) of this section for each 
maintenance vent according to the compliance dates specified in table 11 
of this subpart, unless an extension is requested in accordance with the 
provisions in Sec.  63.6(i).
    (1) Prior to venting to the atmosphere, process liquids are removed 
from the equipment as much as practical and the equipment is depressured 
to a control device, fuel gas system, or back to the process until one 
of the following conditions, as applicable, is met.
    (i) The vapor in the equipment served by the maintenance vent has a 
lower explosive limit (LEL) of less than 10 percent.
    (ii) If there is no ability to measure the LEL of the vapor in the 
equipment based on the design of the equipment, the pressure in the 
equipment served by the maintenance vent is reduced to 5 psig or less. 
Upon opening the maintenance vent, active purging of the equipment 
cannot be used until the LEL of the vapors in the maintenance vent (or 
inside the equipment if the maintenance is a hatch or similar type of 
opening) equipment is less than 10 percent.
    (iii) The equipment served by the maintenance vent contains less 
than 72 pounds of VOC.
    (iv) If the maintenance vent is associated with equipment containing 
pyrophoric catalyst (e.g., hydrotreaters and hydrocrackers) at 
refineries that do not have a pure hydrogen supply, the LEL of the vapor 
in the equipment must be less than 20 percent, except for one event per 
year not to exceed 35 percent.
    (2) Except for maintenance vents complying with the alternative in 
paragraph (c)(1)(iii) of this section, the owner or operator must 
determine the LEL or, if applicable, equipment pressure using process 
instrumentation or portable measurement devices and follow procedures 
for calibration and maintenance according to manufacturer's 
specifications.
    (3) For maintenance vents complying with the alternative in 
paragraph (c)(1)(iii) of this section, the owner or operator shall 
determine mass of VOC in the equipment served by the maintenance vent 
based on the equipment size and contents after considering any contents 
drained or purged from the equipment. Equipment size may be determined 
from equipment design specifications. Equipment contents may be 
determined using process knowledge.
    (d) After February 1, 2016 and prior to the date of compliance with 
the maintenance vent provisions in paragraph (c) of this section, the 
owner or operator must comply with the requirements in Sec.  63.642(n) 
for each maintenance venting event and maintain records necessary to 
demonstrate compliance with the requirements in Sec.  63.642(n) 
including, if appropriate, records of existing standard site procedures 
used to deinventory equipment for safety purposes.

[60 FR 43260, Aug. 18, 1995, as amended at 80 FR 75242, Dec. 1, 2015; 81 
FR 45241, July 13, 2016]



Sec.  63.644  Monitoring provisions for miscellaneous process vents.

    (a) Except as provided in paragraph (b) of this section, each owner 
or operator of a Group 1 miscellaneous process vent that uses a 
combustion device to comply with the requirements in Sec.  63.643(a) 
shall install the monitoring equipment specified in paragraph (a)(1), 
(2), (3), or (4) of this section, depending on the type of combustion 
device used. All monitoring equipment shall be installed, calibrated, 
maintained, and operated according to manufacturer's specifications or 
other written procedures that provide adequate assurance that the 
equipment will monitor accurately and, except for CPMS installed for 
pilot flame monitoring, must meet the applicable minimum accuracy, 
calibration and quality control requirements specified in table 13 of 
this subpart.
    (1) Where an incinerator is used, a temperature monitoring device 
equipped with a continuous recorder is required.

[[Page 68]]

    (i) Where an incinerator other than a catalytic incinerator is used, 
a temperature monitoring device shall be installed in the firebox or in 
the ductwork immediately downstream of the firebox in a position before 
any substantial heat exchange occurs.
    (ii) Where a catalytic incinerator is used, temperature monitoring 
devices shall be installed in the gas stream immediately before and 
after the catalyst bed.
    (2) Where a flare is used prior to January 30, 2019, a device 
(including but not limited to a thermocouple, an ultraviolet beam 
sensor, or an infrared sensor) capable of continuously detecting the 
presence of a pilot flame is required, or the requirements of Sec.  
63.670 shall be met. Where a flare is used on and after January 30, 
2019, the requirements of Sec.  63.670 shall be met.
    (3) Any boiler or process heater with a design heat input capacity 
greater than or equal to 44 megawatt or any boiler or process heater in 
which all vent streams are introduced into the flame zone is exempt from 
monitoring.
    (4) Any boiler or process heater less than 44 megawatts design heat 
capacity where the vent stream is not introduced into the flame zone is 
required to use a temperature monitoring device in the firebox equipped 
with a continuous recorder.
    (b) An owner or operator of a Group 1 miscellaneous process vent may 
request approval to monitor parameters other than those listed in 
paragraph (a) of this section. The request shall be submitted according 
to the procedures specified in Sec.  63.655(h). Approval shall be 
requested if the owner or operator:
    (1) Uses a control device other than an incinerator, boiler, process 
heater, or flare; or
    (2) Uses one of the control devices listed in paragraph (a) of this 
section, but seeks to monitor a parameter other than those specified in 
paragraph (a) of this section.
    (c) The owner or operator of a Group 1 miscellaneous process vent 
using a vent system that contains bypass lines that could divert a vent 
stream away from the control device used to comply with paragraph (a) of 
this section either directly to the atmosphere or to a control device 
that does not comply with the requirements in Sec.  63.643(a) shall 
comply with either paragraph (c)(1) or (2) of this section. Use of the 
bypass at any time to divert a Group 1 miscellaneous process vent stream 
to the atmosphere or to a control device that does not comply with the 
requirements in Sec.  63.643(a) is an emissions standards violation. 
Equipment such as low leg drains and equipment subject to Sec.  63.648 
are not subject to this paragraph (c).
    (1) Install, calibrate and maintain a flow indicator that determines 
whether a vent stream flow is present at least once every hour. A manual 
block valve equipped with a valve position indicator may be used in lieu 
of a flow indicator, as long as the valve position indicator is 
monitored continuously. Records shall be generated as specified in Sec.  
63.655(h) and (i). The flow indicator shall be installed at the entrance 
to any bypass line that could divert the vent stream away from the 
control device to the atmosphere; or
    (2) Secure the bypass line valve in the non-diverting position with 
a car-seal or a lock-and-key type configuration. A visual inspection of 
the seal or closure mechanism shall be performed at least once every 
month to ensure that the valve is maintained in the non-diverting 
position and that the vent stream is not diverted through the bypass 
line.
    (d) The owner or operator shall establish a range that ensures 
compliance with the emissions standard for each parameter monitored 
under paragraphs (a) and (b) of this section. In order to establish the 
range, the information required in Sec.  63.655(f)(3) shall be submitted 
in the Notification of Compliance Status report.
    (e) Each owner or operator of a control device subject to the 
monitoring provisions of this section shall operate the control device 
in a manner consistent with the minimum and/or maximum operating 
parameter value or procedure required to be monitored under paragraphs 
(a) and (b) of this section. Operation of the control device in a manner 
that constitutes a period of excess emissions, as defined in Sec.  
63.655(g)(6), or failure to perform procedures required by this section 
shall

[[Page 69]]

constitute a violation of the applicable emission standard of this 
subpart.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 
63 FR 44141, Aug. 18, 1998; 74 FR 55685, Oct. 28, 2009; 80 FR 75243, 
Dec. 1, 2015]



Sec.  63.645  Test methods and procedures for miscellaneous process vents.

    (a) To demonstrate compliance with Sec.  63.643, an owner or 
operator shall follow Sec.  63.116 except for Sec.  63.116 (a)(1), (d) 
and (e) of subpart G of this part except as provided in paragraphs (b) 
through (d) and paragraph (i) of this section.
    (b) All references to Sec.  63.113(a)(1) or (a)(2) in Sec.  63.116 
of subpart G of this part shall be replaced with Sec.  63.643(a)(1) or 
(a)(2), respectively.
    (c) In Sec.  63.116(c)(4)(ii)(C) of subpart G of this part, organic 
HAP's in the list of HAP's in table 1 of this subpart shall be 
considered instead of the organic HAP's in table 2 of subpart F of this 
part.
    (d) All references to Sec.  63.116(b)(1) or (b)(2) shall be replaced 
with paragraphs (d)(1) and (d)(2) of this section, respectively.
    (1) Any boiler or process heater with a design heat input capacity 
of 44 megawatts or greater.
    (2) Any boiler or process heater in which all vent streams are 
introduced into the flame zone.
    (e) For purposes of determining the TOC emission rate, as specified 
under paragraph (f) of this section, the sampling site shall be after 
the last product recovery device (as defined in Sec.  63.641 of this 
subpart) (if any recovery devices are present) but prior to the inlet of 
any control device (as defined in Sec.  63.641 of this subpart) that is 
present, prior to any dilution of the process vent stream, and prior to 
release to the atmosphere.
    (1) Methods 1 or 1A of 40 CFR part 60, appendix A-1, as appropriate, 
shall be used for selection of the sampling site. For vents smaller than 
0.10 meter in diameter, sample at the center of the vent.
    (2) No traverse site selection method is needed for vents smaller 
than 0.10 meter in diameter.
    (f) Except as provided in paragraph (g) of this section, an owner or 
operator seeking to demonstrate that a process vent TOC mass flow rate 
is less than 33 kilograms per day for an existing source or less than 
6.8 kilograms per day for a new source in accordance with the Group 2 
process vent definition of this subpart shall determine the TOC mass 
flow rate by the following procedures:
    (1) The sampling site shall be selected as specified in paragraph 
(e) of this section.
    (2) The gas volumetric flow rate shall be determined using Methods 
2, 2A, 2C, 2D, or 2F of 40 CFR part 60, appendix A-1 or Method 2G of 40 
CFR part 60, appendix A-2, as appropriate.
    (3) Method 18 or Method 25A of 40 CFR part 60, appendix A shall be 
used to measure concentration; alternatively, any other method or data 
that has been validated according to the protocol in Method 301 of 
appendix A of this part may be used. If Method 25A is used, and the TOC 
mass flow rate calculated from the Method 25A measurement is greater 
than or equal to 33 kilograms per day for an existing source or 6.8 
kilograms per day for a new source, Method 18 may be used to determine 
any non-VOC hydrocarbons that may be deducted to calculate the TOC 
(minus non-VOC hydrocarbons) concentration and mass flow rate. The 
following procedures shall be used to calculate parts per million by 
volume concentration:
    (i) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or four grab samples shall be taken. If grab 
sampling is used, then the samples shall be taken at approximately equal 
intervals in time, such as 15-minute intervals during the run.
    (ii) The TOC concentration (CTOC) is the sum of the 
concentrations of the individual components and shall be computed for 
each run using the following equation if Method 18 is used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.000

where:

CTOC = Concentration of TOC (minus methane and ethane), dry 
          basis, parts per million by volume.

[[Page 70]]

Cji = Concentration of sample component j of the sample i, 
          dry basis, parts per million by volume.
n = Number of components in the sample.
x = Number of samples in the sample run.

    (4) The emission rate of TOC (minus methane and ethane) 
(ETOC) shall be calculated using the following equation if 
Method 18 is used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.001

where:

E = Emission rate of TOC (minus methane and ethane) in the sample, 
          kilograms per day.
K2 = Constant, 5.986 x 10-5 (parts per million) 
          -1 (gram-mole per standard cubic meter) (kilogram 
          per gram) (minute per day), where the standard temperature 
          (standard cubic meter) is at 20  deg.C.
Cj = Concentration on a dry basis of organic compound j in 
          parts per million as measured by Method 18 of 40 CFR part 60, 
          appendix A, as indicated in paragraph (f)(3) of this section. 
          Cj includes all organic compounds measured minus 
          methane and ethane.
Mj = Molecular weight of organic compound j, gram per gram-
          mole.
Qs = Vent stream flow rate, dry standard cubic meters per 
          minute, at a temperature of 20  deg.C.

    (5) If Method 25A is used, the emission rate of TOC 
(ETOC) shall be calculated using the following equation:

ETOC = K2CTOCMQs

where:

ETOC = Emission rate of TOC (minus methane and ethane) in the 
          sample, kilograms per day.
K2 = Constant, 5.986 x 10-5 (parts per million) 
          -1 (gram-mole per standard cubic meter) (kilogram 
          per gram)(minute per day), where the standard temperature 
          (standard cubic meter) is at 20  deg.C.
CTOC = Concentration of TOC on a dry basis in parts per 
          million volume as measured by Method 25A of 40 CFR part 60, 
          appendix A, as indicated in paragraph (f)(3) of this section.
M = Molecular weight of organic compound used to express units of 
          CTOC, gram per gram-mole.
Qs = Vent stream flow rate, dry standard cubic meters per 
          minute, at a temperature of 20  deg.C.

    (g) Engineering assessment may be used to determine the TOC emission 
rate for the representative operating condition expected to yield the 
highest daily emission rate.
    (1) Engineering assessment includes, but is not limited to, the 
following:
    (i) Previous test results provided the tests are representative of 
current operating practices at the process unit.
    (ii) Bench-scale or pilot-scale test data representative of the 
process under representative operating conditions.
    (iii) TOC emission rate specified or implied within a permit limit 
applicable to the process vent.
    (iv) Design analysis based on accepted chemical engineering 
principles, measurable process parameters, or physical or chemical laws 
or properties. Examples of analytical methods include, but are not 
limited to:
    (A) Use of material balances based on process stoichiometry to 
estimate maximum TOC concentrations;
    (B) Estimation of maximum flow rate based on physical equipment 
design such as pump or blower capacities; and
    (C) Estimation of TOC concentrations based on saturation conditions.
    (v) All data, assumptions, and procedures used in the engineering 
assessment shall be documented.
    (h) The owner or operator of a Group 2 process vent shall 
recalculate the TOC emission rate for each process vent, as necessary, 
whenever process changes are made to determine whether the vent is in 
Group 1 or Group 2. Examples of process changes include, but are not 
limited to, changes in production capacity, production rate, or catalyst 
type, or whenever there is replacement, removal, or addition of recovery 
equipment. For purposes of this paragraph, process changes do not 
include: process upsets; unintentional, temporary process changes; and 
changes that are within the range on which the original calculation was 
based.
    (1) The TOC emission rate shall be recalculated based on 
measurements of vent stream flow rate and TOC as specified in paragraphs 
(e) and (f) of this section, as applicable, or on best engineering 
assessment of the effects of the change. Engineering assessments shall 
meet the specifications in paragraph (g) of this section.

[[Page 71]]

    (2) Where the recalculated TOC emission rate is greater than 33 
kilograms per day for an existing source or greater than 6.8 kilograms 
per day for a new source, the owner or operator shall submit a report as 
specified in Sec.  63.655(f), (g), or (h) and shall comply with the 
appropriate provisions in Sec.  63.643 by the dates specified in Sec.  
63.640.
    (i) A compliance determination for visible emissions shall be 
conducted within 150 days of the compliance date using Method 22 of 40 
CFR part 60, appendix A, to determine visible emissions.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 
63 FR 44141, Aug. 18, 1998; 74 FR 55685, Oct. 28, 2009; 80 FR 75243, 
Dec. 1, 2015]



Sec.  63.646  Storage vessel provisions.

    Upon a demonstration of compliance with the standards in Sec.  
63.660 by the compliance dates specified in Sec.  63.640(h), the 
standards in this section shall no longer apply.
    (a) Each owner or operator of a Group 1 storage vessel subject to 
this subpart shall comply with the requirements of Sec. Sec.  63.119 
through 63.121 except as provided in paragraphs (b) through (l) of this 
section.
    (b) As used in this section, all terms not defined in Sec.  63.641 
shall have the meaning given them in 40 CFR part 63, subparts A or G. 
The Group 1 storage vessel definition presented in Sec.  63.641 shall 
apply in lieu of the Group 1 storage vessel definitions presented in 
tables 5 and 6 of Sec.  63.119 of subpart G of this part.
    (1) An owner or operator may use good engineering judgment or test 
results to determine the stored liquid weight percent total organic HAP 
for purposes of group determination. Data, assumptions, and procedures 
used in the determination shall be documented.
    (2) When an owner or operator and the Administrator do not agree on 
whether the annual average weight percent organic HAP in the stored 
liquid is above or below 4 percent for a storage vessel at an existing 
source or above or below 2 percent for a storage vessel at a new source, 
an appropriate method (based on the type of liquid stored) as published 
by EPA or a consensus-based standards organization shall be used. 
Consensus-based standards organizations include, but are not limited to, 
the following: ASTM International (100 Barr Harbor Drive, P.O. Box 
CB700, West Conshohocken, Pennsylvania 19428-B2959, (800) 262-1373, 
http://www.astm.org), the American National Standards Institute (ANSI, 
1819 L Street NW., 6th floor, Washington, DC 20036, (202) 293-8020, 
http://www.ansi.org), the American Gas Association (AGA, 400 North 
Capitol Street NW., 4th Floor, Washington, DC 20001, (202) 824-7000, 
http://www.aga.org), the American Society of Mechanical Engineers (ASME, 
Three Park Avenue, New York, NY 10016-5990, (800) 843-2763, http://
www.asme.org), the American Petroleum Institute (API, 1220 L Street NW., 
Washington, DC 20005-4070, (202) 682-8000, http://www.api.org), and the 
North American Energy Standards Board (NAESB, 801 Travis Street, Suite 
1675, Houston, TX 77002, (713) 356-0060, http://www.naesb.org).
    (c) The following paragraphs do not apply to storage vessels at 
existing sources subject to this subpart: Sec.  63.119 (b)(5), (b)(6), 
(c)(2), and (d)(2).
    (d) References shall apply as specified in paragraphs (d)(1) through 
(d)(10) of this section.
    (1) All references to Sec.  63.100(k) of subpart F of this part (or 
the schedule provisions and the compliance date) shall be replaced with 
Sec.  63.640(h),
    (2) All references to April 22, 1994 shall be replaced with August 
18, 1995.
    (3) All references to December 31, 1992 shall be replaced with July 
15, 1994.
    (4) All references to the compliance dates specified in Sec.  63.100 
of subpart F shall be replaced with Sec.  63.640 (h) through (m).
    (5) All references to Sec.  63.150 in Sec.  63.119 of subpart G of 
this part shall be replaced with Sec.  63.652.
    (6) All references to Sec.  63.113(a)(2) of subpart G shall be 
replaced with Sec.  63.643(a)(2) of this subpart.
    (7) All references to Sec.  63.126(b)(1) of subpart G shall be 
replaced with Sec.  63.422(b) of subpart R of this part.
    (8) All references to Sec.  63.128(a) of subpart G shall be replaced 
with Sec.  63.425, paragraphs (a) through (c) and (e) through (h) of 
subpart R of this part.

[[Page 72]]

    (9) All references to Sec.  63.139(d)(1) in Sec.  63.120(d)(1)(ii) 
of subpart G are not applicable. For sources subject to this subpart, 
such references shall mean that 40 CFR 61.355 is applicable.
    (10) All references to Sec.  63.139(c) in Sec.  63.120(d)(1)(ii) of 
subpart G are not applicable. For sources subject to this subpart, such 
references shall mean that Sec.  63.647 of this subpart is applicable.
    (e) When complying with the inspection requirements of Sec.  63.120 
of subpart G of this part, owners and operators of storage vessels at 
existing sources subject to this subpart are not required to comply with 
the provisions for gaskets, slotted membranes, and sleeve seals.
    (f) The following paragraphs (f)(1), (f)(2), and (f)(3) of this 
section apply to Group 1 storage vessels at existing sources:
    (1) If a cover or lid is installed on an opening on a floating roof, 
the cover or lid shall remain closed except when the cover or lid must 
be open for access.
    (2) Rim space vents are to be set to open only when the floating 
roof is not floating or when the pressure beneath the rim seal exceeds 
the manufacturer's recommended setting.
    (3) Automatic bleeder vents are to be closed at all times when the 
roof is floating except when the roof is being floated off or is being 
landed on the roof leg supports.
    (g) Failure to perform inspections and monitoring required by this 
section shall constitute a violation of the applicable standard of this 
subpart.
    (h) References in Sec. Sec.  63.119 through 63.121 to Sec.  
63.122(g)(1), Sec.  63.151, and references to initial notification 
requirements do not apply.
    (i) References to the Implementation Plan in Sec.  63.120, 
paragraphs (d)(2) and (d)(3)(i) shall be replaced with the Notification 
of Compliance Status report.
    (j) References to the Notification of Compliance Status report in 
Sec.  63.152(b) mean the Notification of Compliance Status required by 
Sec.  63.655(f).
    (k) References to the Periodic Reports in Sec.  63.152(c) mean the 
Periodic Report required by Sec.  63.655(g).
    (l) The State or local permitting authority can waive the 
notification requirements of Sec. Sec.  63.120(a)(5), 63.120(a)(6), 
63.120(b)(10)(ii), and 63.120(b)(10)(iii) for all or some storage 
vessels at petroleum refineries subject to this subpart. The State or 
local permitting authority may also grant permission to refill storage 
vessels sooner than 30 days after submitting the notifications in Sec.  
63.120(a)(6) or Sec.  63.120(b)(10)(iii) for all storage vessels at a 
refinery or for individual storage vessels on a case-by-case basis.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 
62 FR 7939, Feb. 21, 1997; 74 FR 55685, Oct. 28, 2009; 75 FR 37731, June 
30, 2010; 80 FR 75243, Dec. 1, 2015]



Sec.  63.647  Wastewater provisions.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
each owner or operator of a Group 1 wastewater stream shall comply with 
the requirements of Sec. Sec.  61.340 through 61.355 of this chapter for 
each process wastewater stream that meets the definition in Sec.  
63.641.
    (b) As used in this section, all terms not defined in Sec.  63.641 
shall have the meaning given them in the Clean Air Act or in 40 CFR part 
61, subpart FF, Sec.  61.341.
    (c) If a flare is used as a control device, on and after January 30, 
2019, the flare shall meet the requirements of Sec.  63.670. Prior to 
January 30, 2019, the flare shall meet the applicable requirements of 
part 61, subpart FF of this chapter, or the requirements of Sec.  
63.670.
    (d) Each owner or operator required under subpart FF of 40 CFR part 
61 to perform periodic measurement of benzene concentration in 
wastewater, or to monitor process or control device operating parameters 
shall operate in a manner consistent with the minimum or maximum (as 
appropriate) permitted concentration or operating parameter values. 
Operation of the process, treatment unit, or control device resulting in 
a measured concentration or operating parameter value outside the 
permitted limits shall constitute a violation of the emission standards. 
Failure to perform required leak monitoring for closed vent systems and 
control devices or failure to repair leaks within the time period 
specified in subpart FF of 40 CFR part 61 shall constitute a violation 
of the standard.

[60 FR 43260, Aug. 18, 1995, as amended at 80 FR 75244, Dec. 1, 2015]

[[Page 73]]



Sec.  63.648  Equipment leak standards.

    (a) Each owner or operator of an existing source subject to the 
provisions of this subpart shall comply with the provisions of 40 CFR 
part 60, subpart VV, and paragraph (b) of this section except as 
provided in paragraphs (a)(1) and (2), (c) through (i), and (j)(1) and 
(2) of this section. Each owner or operator of a new source subject to 
the provisions of this subpart shall comply with subpart H of this part 
except as provided in paragraphs (c) through (i) and (j)(1) and (2) of 
this section.
    (1) For purposes of compliance with this section, the provisions of 
40 CFR part 60, subpart VV apply only to equipment in organic HAP 
service, as defined in Sec.  63.641 of this subpart.
    (2) Calculation of percentage leaking equipment components for 
subpart VV of 40 CFR part 60 may be done on a process unit basis or a 
sourcewide basis. Once the owner or operator has decided, all subsequent 
calculations shall be on the same basis unless a permit change is made.
    (3) If a flare is used as a control device, on and after January 30, 
2019, the flare shall meet the requirements of Sec.  63.670. Prior to 
January 30, 2019, the flare shall meet the applicable requirements of 
part 60, subpart VV of this chapter, or the requirements of Sec.  
63.670.
    (b) The use of monitoring data generated before August 18, 1995 to 
qualify for less frequent monitoring of valves and pumps as provided 
under 40 CFR part 60 subpart VV or subpart H of this part and paragraph 
(c) of this section (i.e., quarterly or semiannually) is governed by the 
requirements of paragraphs (b)(1) and (b)(2) of this section.
    (1) Monitoring data must meet the test methods and procedures 
specified in Sec.  60.485(b) of 40 CFR part 60, subpart VV or Sec.  
63.180(b)(1) through (b)(5) of subpart H of this part except for minor 
departures.
    (2) Departures from the criteria specified in Sec.  60.485(b) of 40 
CFR part 60 subpart VV or Sec.  63.180(b)(1) through (b)(5) of subpart H 
of this part or from the monitoring frequency specified in subpart VV or 
in paragraph (c) of this section (such as every 6 weeks instead of 
monthly or quarterly) are minor and do not significantly affect the 
quality of the data. An example of a minor departure is monitoring at a 
slightly different frequency (such as every 6 weeks instead of monthly 
or quarterly). Failure to use a calibrated instrument is not considered 
a minor departure.
    (c) In lieu of complying with the existing source provisions of 
paragraph (a) in this section, an owner or operator may elect to comply 
with the requirements of Sec. Sec.  63.161 through 63.169, 63.171, 
63.172, 63.175, 63.176, 63.177, 63.179, and 63.180 of subpart H except 
as provided in paragraphs (c)(1) through (12) and (e) through (i) of 
this section.
    (1) The instrument readings that define a leak for light liquid 
pumps subject to Sec.  63.163 of subpart H of this part and gas/vapor 
and light liquid valves subject to Sec.  63.168 of subpart H of this 
part are specified in table 2 of this subpart.
    (2) In phase III of the valve standard, the owner or operator may 
monitor valves for leaks as specified in paragraphs (c)(2)(i) or 
(c)(2)(ii) of this section.
    (i) If the owner or operator does not elect to monitor connectors, 
then the owner or operator shall monitor valves according to the 
frequency specified in table 8 of this subpart.
    (ii) If an owner or operator elects to monitor connectors according 
to the provisions of Sec.  63.649, paragraphs (b), (c), or (d), then the 
owner or operator shall monitor valves at the frequencies specified in 
table 9 of this subpart.
    (3) The owner or operator shall decide no later than the first 
required monitoring period after the phase I compliance date specified 
in Sec.  63.640(h) whether to calculate the percentage leaking valves on 
a process unit basis or on a sourcewide basis. Once the owner or 
operator has decided, all subsequent calculations shall be on the same 
basis unless a permit change is made.
    (4) The owner or operator shall decide no later than the first 
monitoring period after the phase III compliance date specified in Sec.  
63.640(h) whether to monitor connectors according to the provisions in 
Sec.  63.649, paragraphs (b), (c), or (d).
    (5) Connectors in gas/vapor service or light liquid service are 
subject to the requirements for connectors in heavy liquid service in 
Sec.  63.169 of subpart H of

[[Page 74]]

this part (except for the agitator provisions). The leak definition for 
valves, connectors, and instrumentation systems subject to Sec.  63.169 
is 1,000 parts per million.
    (6) In phase III of the pump standard, except as provided in 
paragraph (c)(7) of this section, owners or operators that achieve less 
than 10 percent of light liquid pumps leaking or three light liquid 
pumps leaking, whichever is greater, shall monitor light liquid pumps 
monthly.
    (7) Owners or operators that achieve less than 3 percent of light 
liquid pumps leaking or one light liquid pump leaking, whichever is 
greater, shall monitor light liquid pumps quarterly.
    (8) An owner or operator may make the election described in 
paragraphs (c)(3) and (c)(4) of this section at any time except that any 
election to change after the initial election shall be treated as a 
permit modification according to the terms of part 70 of this chapter.
    (9) When complying with the requirements of Sec.  63.168(e)(3)(i), 
non-repairable valves shall be included in the calculation of percent 
leaking valves the first time the valve is identified as leaking and 
non-repairable. Otherwise, a number of non-repairable valves up to a 
maximum of 1 percent per year of the total number of valves in organic 
HAP service up to a maximum of 3 percent may be excluded from 
calculation of percent leaking valves for subsequent monitoring periods. 
When the number of non-repairable valves exceeds 3 percent of the total 
number of valves in organic HAP service, the number of non-repairable 
valves exceeding 3 percent of the total number shall be included in the 
calculation of percent leaking valves.
    (10) If in phase III of the valve standard any valve is designated 
as being leakless, the owner or operator has the option of following the 
provisions of 40 CFR 60.482-7(f). If an owner or operator chooses to 
comply with the provisions of 40 CFR 60.482-7(f), the valve is exempt 
from the valve monitoring provisions of Sec.  63.168 of subpart H of 
this part.
    (11) [Reserved]
    (12) If a flare is used as a control device, on and after January 
30, 2019, the flare shall meet the requirements of Sec.  63.670. Prior 
to January 30, 2019, the flare shall meet the applicable requirements of 
Sec. Sec.  63.172 and 63.180, or the requirements of Sec.  63.670.
    (d) Upon startup of new sources, the owner or operator shall comply 
with Sec.  63.163(a)(1)(ii) of subpart H of this part for light liquid 
pumps and Sec.  63.168(a)(1)(ii) of subpart H of this part for gas/vapor 
and light liquid valves.
    (e) For reciprocating pumps in heavy liquid service and agitators in 
heavy liquid service, owners and operators are not required to comply 
with the requirements in Sec.  63.169 of subpart H of this part.
    (f) Reciprocating pumps in light liquid service are exempt from 
Sec. Sec.  63.163 and 60.482 if recasting the distance piece or 
reciprocating pump replacement is required.
    (g) Compressors in hydrogen service are exempt from the requirements 
of paragraphs (a) and (c) of this section if an owner or operator 
demonstrates that a compressor is in hydrogen service.
    (1) Each compressor is presumed not to be in hydrogen service unless 
an owner or operator demonstrates that the piece of equipment is in 
hydrogen service.
    (2) For a piece of equipment to be considered in hydrogen service, 
it must be determined that the percentage hydrogen content can be 
reasonably expected always to exceed 50 percent by volume.
    (i) For purposes of determining the percentage hydrogen content in 
the process fluid that is contained in or contacts a compressor, the 
owner or operator shall use either:
    (A) Procedures that conform to those specified in Sec.  60.593(b)(2) 
of 40 part 60, subpart GGG.
    (B) Engineering judgment to demonstrate that the percentage content 
exceeds 50 percent by volume, provided the engineering judgment 
demonstrates that the content clearly exceeds 50 percent by volume.
    (1) When an owner or operator and the Administrator do not agree on 
whether a piece of equipment is in hydrogen service, the procedures in 
paragraph (g)(2)(i)(A) of this section shall be used to resolve the 
disagreement.

[[Page 75]]

    (2) If an owner or operator determines that a piece of equipment is 
in hydrogen service, the determination can be revised only by following 
the procedures in paragraph (g)(2)(i)(A) of this section.
    (h) Each owner or operator of a source subject to the provisions of 
this subpart must maintain all records for a minimum of 5 years.
    (i) Reciprocating compressors are exempt from seal requirements if 
recasting the distance piece or compressor replacement is required.
    (j) Except as specified in paragraph (j)(4) of this section, the 
owner or operator must comply with the requirements specified in 
paragraphs (j)(1) and (2) of this section for pressure relief devices, 
such as relief valves or rupture disks, in organic HAP gas or vapor 
service instead of the pressure relief device requirements of Sec.  
60.482-4 or Sec.  63.165, as applicable. Except as specified in 
paragraphs (j)(4) and (5) of this section, the owner or operator must 
also comply with the requirements specified in paragraph (j)(3) of this 
section for all pressure relief devices.
    (1) Operating requirements. Except during a pressure release, 
operate each pressure relief device in organic HAP gas or vapor service 
with an instrument reading of less than 500 ppm above background as 
detected by Method 21 of 40 CFR part 60, appendix A-7.
    (2) Pressure release requirements. For pressure relief devices in 
organic HAP gas or vapor service, the owner or operator must comply with 
the applicable requirements in paragraphs (j)(2)(i) through (iii) of 
this section following a pressure release.
    (i) If the pressure relief device does not consist of or include a 
rupture disk, conduct instrument monitoring, as specified in Sec.  
60.485(b) or Sec.  63.180(c), as applicable, no later than 5 calendar 
days after the pressure relief device returns to organic HAP gas or 
vapor service following a pressure release to verify that the pressure 
relief device is operating with an instrument reading of less than 500 
ppm.
    (ii) If the pressure relief device includes a rupture disk, either 
comply with the requirements in paragraph (j)(2)(i) of this section (not 
replacing the rupture disk) or install a replacement disk as soon as 
practicable after a pressure release, but no later than 5 calendar days 
after the pressure release. The owner or operator must conduct 
instrument monitoring, as specified in Sec.  60.485(b) or Sec.  
63.180(c), as applicable, no later than 5 calendar days after the 
pressure relief device returns to organic HAP gas or vapor service 
following a pressure release to verify that the pressure relief device 
is operating with an instrument reading of less than 500 ppm.
    (iii) If the pressure relief device consists only of a rupture disk, 
install a replacement disk as soon as practicable after a pressure 
release, but no later than 5 calendar days after the pressure release. 
The owner or operator may not initiate startup of the equipment served 
by the rupture disk until the rupture disc is replaced. The owner or 
operator must conduct instrument monitoring, as specified in Sec.  
60.485(b) or Sec.  63.180(c), as applicable, no later than 5 calendar 
days after the pressure relief device returns to organic HAP gas or 
vapor service following a pressure release to verify that the pressure 
relief device is operating with an instrument reading of less than 500 
ppm.
    (3) Pressure release management. Except as specified in paragraphs 
(j)(4) and (5) of this section, the owner or operator shall comply with 
the requirements specified in paragraphs (j)(3)(i) through (v) of this 
section for all pressure relief devices in organic HAP service no later 
than January 30, 2019.
    (i) The owner or operator must equip each affected pressure relief 
device with a device(s) or use a monitoring system that is capable of:
    (A) Identifying the pressure release;
    (B) Recording the time and duration of each pressure release; and
    (C) Notifying operators immediately that a pressure release is 
occurring. The device or monitoring system may be either specific to the 
pressure relief device itself or may be associated with the process 
system or piping, sufficient to indicate a pressure release to the 
atmosphere. Examples of these types of devices and systems include, but 
are not limited to, a rupture disk indicator, magnetic sensor, motion 
detector on the pressure relief valve stem, flow monitor, or pressure 
monitor.

[[Page 76]]

    (ii) The owner or operator must apply at least three redundant 
prevention measures to each affected pressure relief device and document 
these measures. Examples of prevention measures include:
    (A) Flow, temperature, level and pressure indicators with deadman 
switches, monitors, or automatic actuators.
    (B) Documented routine inspection and maintenance programs and/or 
operator training (maintenance programs and operator training may count 
as only one redundant prevention measure).
    (C) Inherently safer designs or safety instrumentation systems.
    (D) Deluge systems.
    (E) Staged relief system where initial pressure relief valve (with 
lower set release pressure) discharges to a flare or other closed vent 
system and control device.
    (iii) If any affected pressure relief device releases to atmosphere 
as a result of a pressure release event, the owner or operator must 
perform root cause analysis and corrective action analysis according to 
the requirement in paragraph (j)(6) of this section and implement 
corrective actions according to the requirements in paragraph (j)(7) of 
this section. The owner or operator must also calculate the quantity of 
organic HAP released during each pressure release event and report this 
quantity as required in Sec.  63.655(g)(10)(iii). Calculations may be 
based on data from the pressure relief device monitoring alone or in 
combination with process parameter monitoring data and process 
knowledge.
    (iv) The owner or operator shall determine the total number of 
release events occurred during the calendar year for each affected 
pressure relief device separately. The owner or operator shall also 
determine the total number of release events for each pressure relief 
device for which the root cause analysis concluded that the root cause 
was a force majeureevent, as defined in this subpart.
    (v) Except for pressure relief devices described in paragraphs 
(j)(4) and (5) of this section, the following release events are a 
violation of the pressure release management work practice standards.
    (A) Any release event for which the root cause of the event was 
determined to be operator error or poor maintenance.
    (B) A second release event not including force majeure events from a 
single pressure relief device in a 3 calendar year period for the same 
root cause for the same equipment.
    (C) A third release event not including force majeure events from a 
single pressure relief device in a 3 calendar year period for any 
reason.
    (4) Pressure relief devices routed to a control device. If all 
releases and potential leaks from a pressure relief device are routed 
through a closed vent system to a control device, back into the process 
or to the fuel gas system, the owner or operator is not required to 
comply with paragraph (j)(1), (2), or (3) (if applicable) of this 
section. Both the closed vent system and control device (if applicable) 
must meet the requirements of Sec.  63.644. When complying with this 
paragraph (j)(4), all references to ``Group 1 miscellaneous process 
vent'' in Sec.  63.644 mean ``pressure relief device.'' If a pressure 
relief device complying with this paragraph (j)(4) is routed to the fuel 
gas system, then on and after January 30, 2019, any flares receiving gas 
from that fuel gas system must be in compliance with Sec.  63.670.
    (5) Pressure relief devices exempted from pressure release 
management requirements. The following types of pressure relief devices 
are not subject to the pressure release management requirements in 
paragraph (j)(3) of this section.
    (i) Pressure relief devices in heavy liquid service, as defined in 
Sec.  63.641.
    (ii) Pressure relief devices that only release material that is 
liquid at standard conditions (1 atmosphere and 68 degrees Fahrenheit) 
and that are hard-piped to a controlled drain system (i.e., a drain 
system meeting the requirements for Group 1 wastewater streams in Sec.  
63.647(a)) or piped back to the process or pipeline.
    (iii) Thermal expansion relief valves.
    (iv) Pressure relief devices designed with a set relief pressure of 
less than 2.5 psig.

[[Page 77]]

    (v) Pressure relief devices that do not have the potential to emit 
72 lbs/day or more of VOC based on the valve diameter, the set release 
pressure, and the equipment contents.
    (vi) Pressure relief devices on mobile equipment.
    (6) Root cause analysis and corrective action analysis. A root cause 
analysis and corrective action analysis must be completed as soon as 
possible, but no later than 45 days after a release event. Special 
circumstances affecting the number of root cause analyses and/or 
corrective action analyses are provided in paragraphs (j)(6)(i) through 
(iv) of this section.
    (i) You may conduct a single root cause analysis and corrective 
action analysis for a single emergency event that causes two or more 
pressure relief devices installed on the same equipment to release.
    (ii) You may conduct a single root cause analysis and corrective 
action analysis for a single emergency event that causes two or more 
pressure relief devices to release, regardless of the equipment served, 
if the root cause is reasonably expected to be a force majeure event, as 
defined in this subpart.
    (iii) Except as provided in paragraphs (j)(6)(i) and (ii) of this 
section, if more than one pressure relief device has a release during 
the same time period, an initial root cause analysis shall be conducted 
separately for each pressure relief device that had a release. If the 
initial root cause analysis indicates that the release events have the 
same root cause(s), the initially separate root cause analyses may be 
recorded as a single root cause analysis and a single corrective action 
analysis may be conducted.
    (7) Corrective action implementation. Each owner or operator 
required to conduct a root cause analysis and corrective action analysis 
as specified in paragraphs (j)(3)(iii) and (j)(6) of this section shall 
implement the corrective action(s) identified in the corrective action 
analysis in accordance with the applicable requirements in paragraphs 
(j)(7)(i) through (iii) of this section.
    (i) All corrective action(s) must be implemented within 45 days of 
the event for which the root cause and corrective action analyses were 
required or as soon thereafter as practicable. If an owner or operator 
concludes that no corrective action should be implemented, the owner or 
operator shall record and explain the basis for that conclusion no later 
than 45 days following the event.
    (ii) For corrective actions that cannot be fully implemented within 
45 days following the event for which the root cause and corrective 
action analyses were required, the owner or operator shall develop an 
implementation schedule to complete the corrective action(s) as soon as 
practicable.
    (iii) No later than 45 days following the event for which a root 
cause and corrective action analyses were required, the owner or 
operator shall record the corrective action(s) completed to date, and, 
for action(s) not already completed, a schedule for implementation, 
including proposed commencement and completion dates.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 
63 FR 44141, Aug. 18, 1998; 80 FR 75244, Dec. 1, 2015; 81 FR 45241, July 
13, 2016]



Sec.  63.649  Alternative means of emission limitation: Connectors 
in gas/vapor service and light liquid service.

    (a) If an owner or operator elects to monitor valves according to 
the provisions of Sec.  63.648(c)(2)(ii), the owner or operator shall 
implement one of the connector monitoring programs specified in 
paragraphs (b), (c), or (d) of this section.
    (b) Random 200 connector alternative. The owner or operator shall 
implement a random sampling program for accessible connectors of 2.0 
inches nominal diameter or greater. The program does not apply to 
inaccessible or unsafe-to-monitor connectors, as defined in Sec.  63.174 
of subpart H. The sampling program shall be implemented source-wide.
    (1) Within the first 12 months after the phase III compliance date 
specified in Sec.  63.640(h), a sample of 200 connectors shall be 
randomly selected and monitored using Method 21 of 40 CFR part 60, 
appendix A.
    (2) The instrument reading that defines a leak is 1,000 parts per 
million.

[[Page 78]]

    (3) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected except as provided in paragraph (e) of this section. A first 
attempt at repair shall be made no later than 5 calendar days after the 
leak is detected.
    (4) If a leak is detected, the connector shall be monitored for 
leaks within the first 3 months after its repair.
    (5) After conducting the initial survey required in paragraph (b)(1) 
of this section, the owner or operator shall conduct subsequent 
monitoring of connectors at the frequencies specified in paragraphs 
(b)(5)(i) through (b)(5)(iv) of this section.
    (i) If the percentage leaking connectors is 2.0 percent or greater, 
the owner or operator shall survey a random sample of 200 connectors 
once every 6 months.
    (ii) If the percentage leaking connectors is 1.0 percent or greater 
but less than 2.0 percent, the owner or operator shall survey a random 
sample of 200 connectors once per year.
    (iii) If the percentage leaking connectors is 0.5 percent or greater 
but less than 1.0 percent, the owner or operator shall survey a random 
sample of 200 connectors once every 2 years.
    (iv) If the percentage leaking connectors is less than 0.5 percent, 
the owner or operator shall survey a random sample of 200 connectors 
once every 4 years.
    (6) Physical tagging of the connectors to indicate that they are 
subject to the monitoring provisions is not required. Connectors may be 
identified by the area or length of pipe and need not be individually 
identified.
    (c) Connector inspection alternative. The owner or operator shall 
implement a program to monitor all accessible connectors in gas/vapor 
service that are 2.0 inches (nominal diameter) or greater and inspect 
all accessible connectors in light liquid service that are 2 inches 
(nominal diameter) or greater as described in paragraphs (c)(1) through 
(c)(7) of this section. The program does not apply to inaccessible or 
unsafe-to-monitor connectors.
    (1) Within 12 months after the phase III compliance date specified 
in Sec.  63.640(h), all connectors in gas/vapor service shall be 
monitored using Method 21 of 40 CFR part 60 appendix A. The instrument 
reading that defines a leak is 1,000 parts per million.
    (2) All connectors in light liquid service shall be inspected for 
leaks. A leak is detected if liquids are observed to be dripping at a 
rate greater than three drops per minute.
    (3) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected except as provided in paragraph (e) of this section. A first 
attempt at repair shall be made no later than 5 calendar days after the 
leak is detected.
    (4) If a leak is detected, connectors in gas/vapor service shall be 
monitored for leaks within the first 3 months after repair. Connectors 
in light liquid service shall be inspected for indications of leaks 
within the first 3 months after repair. A leak is detected if liquids 
are observed to be dripping at a rate greater than three drops per 
minute.
    (5) After conducting the initial survey required in paragraphs 
(c)(1) and (c)(2) of this section, the owner or operator shall conduct 
subsequent monitoring at the frequencies specified in paragraphs 
(c)(5)(i) through (c)(5)(iii) of this section.
    (i) If the percentage leaking connectors is 2.0 percent or greater, 
the owner or operator shall monitor or inspect, as applicable, the 
connectors once per year.
    (ii) If the percentage leaking connectors is 1.0 percent or greater 
but less than 2.0 percent, the owner or operator shall monitor or 
inspect, as applicable, the connectors once every 2 years.
    (iii) If the percentage leaking connectors is less than 1.0 percent, 
the owner or operator shall monitor or inspect, as applicable, the 
connectors once every 4 years.
    (6) The percentage leaking connectors shall be calculated for 
connectors in gas/vapor service and for connectors in light liquid 
service. The data for the two groups of connectors shall not be pooled 
for the purpose of determining the percentage leaking connectors.
    (i) The percentage leaking connectors shall be calculated as 
follows:


[[Page 79]]


% CL = [(CL-CAN)/Ct + 
Cc)] x 100

where:

% CL = Percentage leaking connectors.
CL = Number of connectors including nonrepairables, measured 
          at 1,000 parts per million or greater, by Method 21 of 40 CFR 
          part 60, appendix A.
CAN = Number of allowable nonrepairable connectors, as 
          determined by monitoring, not to exceed 3 percent of the total 
          connector population, Ct.
Ct = Total number of monitored connectors, including 
          nonrepairables, in the process unit.
Cc = Optional credit for removed connectors = 0.67 x net 
          number (i.e., the total number of connectors removed minus the 
          total added) of connectors in organic HAP service removed from 
          the process unit after the applicability date set forth in 
          Sec.  63.640(h)(3)(iii) for existing process units, and after 
          the date of start-up for new process units. If credits are not 
          taken, then Cc = 0.

    (ii) Nonrepairable connectors shall be included in the calculation 
of percentage leaking connectors the first time the connector is 
identified as leaking and nonrepairable. Otherwise, a number of 
nonrepairable connectors up to a maximum of 1 percent per year of the 
total number of connectors in organic HAP service up to a maximum of 3 
percent may be excluded from calculation of percentage leaking 
connectors for subsequent monitoring periods.
    (iii) If the number of nonrepairable connectors exceeds 3 percent of 
the total number of connectors in organic HAP service, the number of 
nonrepairable connectors exceeding 3 percent of the total number shall 
be included in the calculation of the percentage leaking connectors.
    (7) Physical tagging of the connectors to indicate that they are 
subject to the monitoring provisions is not required. Connectors may be 
identified by the area or length of pipe and need not be individually 
identified.
    (d) Subpart H program. The owner or operator shall implement a 
program to comply with the provisions in Sec.  63.174 of this part.
    (e) Delay of repair of connectors for which leaks have been detected 
is allowed if repair is not technically feasible by normal repair 
techniques without a process unit shutdown. Repair of this equipment 
shall occur by the end of the next process unit shutdown.
    (1) Delay of repair is allowed for equipment that is isolated from 
the process and that does not remain in organic HAP service.
    (2) Delay of repair for connectors is also allowed if:
    (i) The owner or operator determines that emissions of purged 
material resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair, and
    (ii) When repair procedures are accomplished, the purged material 
would be collected and destroyed or recovered in a control device.
    (f) Any connector that is designated as an unsafe-to-repair 
connector is exempt from the requirements of paragraphs (b)(3) and 
(b)(4), (c)(3) and (c)(4), or (d) of this section if:
    (1) The owner or operator determines that repair personnel would be 
exposed to an immediate danger as a consequence of complying with 
paragraphs (b)(3) and (b)(4), (c)(3) and (c)(4), of this section; or
    (2) The connector will be repaired before the end of the next 
scheduled process unit shutdown.
    (g) The owner or operator shall maintain records to document that 
the connector monitoring or inspections have been conducted as required 
and to document repair of leaking connectors as applicable.

[60 FR 43260, Aug. 18, 1995, as amended at 80 FR 75245, Dec. 1, 2015]



Sec.  63.650  Gasoline loading rack provisions.

    (a) Except as provided in paragraphs (b) through (d) of this 
section, each owner or operator of a Group 1 gasoline loading rack 
classified under Standard Industrial Classification code 2911 located 
within a contiguous area and under common control with a petroleum 
refinery shall comply with subpart R of this part, Sec. Sec.  63.421, 
63.422(a) through (c) and (e), 63.425(a) through (c) and (e) through 
(i), 63.427(a) and (b), and 63.428(b), (c), (g)(1), (h)(1) through (3), 
and (k).
    (b) As used in this section, all terms not defined in Sec.  63.641 
shall have the meaning given them in subpart A or in 40 CFR part 63, 
subpart R. The Sec.  63.641

[[Page 80]]

definition of ``affected source'' applies under this section.
    (c) Gasoline loading racks regulated under this subpart are subject 
to the compliance dates specified in Sec.  63.640(h).
    (d) If a flare is used as a control device, on and after January 30, 
2019, the flare shall meet the requirements of Sec.  63.670. Prior to 
January 30, 2019, the flare shall meet the applicable requirements of 
subpart R of this part, or the requirements of Sec.  63.670.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 
74 FR 55685, Oct. 28, 2009; 80 FR 75245, Dec. 1, 2015]



Sec.  63.651  Marine tank vessel loading operation provisions.

    (a) Except as provided in paragraphs (b) through (e) of this 
section, each owner or operator of a marine tank vessel loading 
operation located at a petroleum refinery shall comply with the 
requirements of Sec. Sec.  63.560 through 63.568.
    (b) As used in this section, all terms not defined in Sec.  63.641 
shall have the meaning given them in subpart A or in 40 CFR part 63, 
subpart Y. The Sec.  63.641 definition of ``affected source'' applies 
under this section.
    (c) The notification reports under Sec.  63.567(b) are not required.
    (d) The compliance time of 4 years after promulgation of 40 CFR part 
63, subpart Y, does not apply. The compliance time is specified in Sec.  
63.640(h)(1).
    (e) If a flare is used as a control device, on and after January 30, 
2019, the flare shall meet the requirements of Sec.  63.670. Prior to 
January 30, 2019, the flare shall meet the applicable requirements of 
subpart Y of this part, or the requirements of Sec.  63.670.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 
74 FR 55685, Oct. 28, 2009; 80 FR 75246, Dec. 1, 2015]



Sec.  63.652  Emissions averaging provisions.

    (a) This section applies to owners or operators of existing sources 
who seek to comply with the emission standard in Sec.  63.642(g) by 
using emissions averaging according to Sec.  63.642(l) rather than 
following the provisions of Sec. Sec.  63.643 through 63.645, 63.646 or 
63.660, 63.647, 63.650, and 63.651. Existing marine tank vessel loading 
operations located at the Valdez Marine Terminal source may not comply 
with the standard by using emissions averaging.
    (b) The owner or operator shall develop and submit for approval an 
Implementation Plan containing all of the information required in Sec.  
63.653(d) for all points to be included in an emissions average. The 
Implementation Plan shall identify all emission points to be included in 
the emissions average. This must include any Group 1 emission points to 
which the reference control technology (defined in Sec.  63.641) is not 
applied and all other emission points being controlled as part of the 
average.
    (c) The following emission points can be used to generate emissions 
averaging credits if control was applied after November 15, 1990 and if 
sufficient information is available to determine the appropriate value 
of credits for the emission point:
    (1) Group 2 emission points;
    (2) Group 1 storage vessels, Group 1 wastewater streams, Group 1 
gasoline loading racks, Group 1 marine tank vessels, and Group 1 
miscellaneous process vents that are controlled by a technology that the 
Administrator or permitting authority agrees has a higher nominal 
efficiency than the reference control technology. Information on the 
nominal efficiencies for such technologies must be submitted and 
approved as provided in paragraph (i) of this section; and
    (3) Emission points from which emissions are reduced by pollution 
prevention measures. Percentages of reduction for pollution prevention 
measures shall be determined as specified in paragraph (j) of this 
section.
    (i) For a Group 1 emission point, the pollution prevention measure 
must reduce emissions more than the reference control technology would 
have had the reference control technology been applied to the emission 
point instead of the pollution prevention measure except as provided in 
paragraph (c)(3)(ii) of this section.
    (ii) If a pollution prevention measure is used in conjunction with 
other controls for a Group 1 emission point, the pollution prevention 
measure alone does not have to reduce emissions more

[[Page 81]]

than the reference control technology, but the combination of the 
pollution prevention measure and other controls must reduce emissions 
more than the reference control technology would have had it been 
applied instead.
    (d) The following emission points cannot be used to generate 
emissions averaging credits:
    (1) Emission points already controlled on or before November 15, 
1990 unless the level of control is increased after November 15, 1990, 
in which case credit will be allowed only for the increase in control 
after November 15, 1990;
    (2) Group 1 emission points that are controlled by a reference 
control technology unless the reference control technology has been 
approved for use in a different manner and a higher nominal efficiency 
has been assigned according to the procedures in paragraph (i) of this 
section. For example, it is not allowable to claim that an internal 
floating roof meeting only the specifications stated in the reference 
control technology definition in Sec.  63.641 (i.e., that meets the 
specifications of Sec.  63.119(b) of subpart G but does not have 
controlled fittings per Sec.  63.119 (b)(5) and (b)(6) of subpart G) 
applied to a storage vessel is achieving greater than 95 percent 
control;
    (3) Emission points on shutdown process units. Process units that 
are shut down cannot be used to generate credits or debits;
    (4) Wastewater that is not process wastewater or wastewater streams 
treated in biological treatment units. These two types of wastewater 
cannot be used to generate credits or debits. Group 1 wastewater streams 
cannot be left undercontrolled or uncontrolled to generate debits. For 
the purposes of this section, the terms ``wastewater'' and ``wastewater 
stream'' are used to mean process wastewater; and
    (5) Emission points controlled to comply with a State or Federal 
rule other than this subpart, unless the level of control has been 
increased after November 15, 1990 above what is required by the other 
State or Federal rule. Only the control above what is required by the 
other State or Federal rule will be credited. However, if an emission 
point has been used to generate emissions averaging credit in an 
approved emissions average, and the point is subsequently made subject 
to a State or Federal rule other than this subpart, the point can 
continue to generate emissions averaging credit for the purpose of 
complying with the previously approved average.
    (e) For all points included in an emissions average, the owner or 
operator shall:
    (1) Calculate and record monthly debits for all Group 1 emission 
points that are controlled to a level less stringent than the reference 
control technology for those emission points. Equations in paragraph (g) 
of this section shall be used to calculate debits.
    (2) Calculate and record monthly credits for all Group 1 or Group 2 
emission points that are overcontrolled to compensate for the debits. 
Equations in paragraph (h) of this section shall be used to calculate 
credits. Emission points and controls that meet the criteria of 
paragraph (c) of this section may be included in the credit calculation, 
whereas those described in paragraph (d) of this section shall not be 
included.
    (3) Demonstrate that annual credits calculated according to 
paragraph (h) of this section are greater than or equal to debits 
calculated for the same annual compliance period according to paragraph 
(g) of this section.
    (i) The initial demonstration in the Implementation Plan that 
credit-generating emission points will be capable of generating 
sufficient credits to offset the debits from the debit-generating 
emission points must be made under representative operating conditions.
    (ii) After the compliance date, actual operating data will be used 
for all debit and credit calculations.
    (4) Demonstrate that debits calculated for a quarterly (3-month) 
period according to paragraph (g) of this section are not more than 1.30 
times the credits for the same period calculated according to paragraph 
(h) of this section. Compliance for the quarter shall be determined 
based on the ratio of credits and debits from that quarter, with 30 
percent more debits than credits allowed on a quarterly basis.

[[Page 82]]

    (5) Record and report quarterly and annual credits and debits in the 
Periodic Reports as specified in Sec.  63.655(g)(8). Every fourth 
Periodic Report shall include a certification of compliance with the 
emissions averaging provisions as required by Sec.  63.655(g)(8)(iii).
    (f) Debits and credits shall be calculated in accordance with the 
methods and procedures specified in paragraphs (g) and (h) of this 
section, respectively, and shall not include emissions from the 
following:
    (1) More than 20 individual emission points. Where pollution 
prevention measures (as specified in paragraph (j)(1) of this section) 
are used to control emission points to be included in an emissions 
average, no more than 25 emission points may be included in the average. 
For example, if two emission points to be included in an emissions 
average are controlled by pollution prevention measures, the average may 
include up to 22 emission points.
    (2) [Reserved]
    (3) For emission points for which continuous monitors are used, 
periods of excess emissions as defined in Sec.  63.655(g)(6)(i). For 
these periods, the calculation of monthly credits and debits shall be 
adjusted as specified in paragraphs (f)(3)(i) through (f)(3)(iii) of 
this section.
    (i) No credits would be assigned to the credit-generating emission 
point.
    (ii) Maximum debits would be assigned to the debit-generating 
emission point.
    (iii) The owner or operator may use the procedures in paragraph (l) 
of this section to demonstrate to the Administrator that full or partial 
credits or debits should be assigned.
    (g) Debits are generated by the difference between the actual 
emissions from a Group 1 emission point that is uncontrolled or is 
controlled to a level less stringent than the reference control 
technology, and the emissions allowed for Group 1 emission point. Debits 
shall be calculated as follows:
    (1) The overall equation for calculating sourcewide debits is:
    [GRAPHIC] [TIFF OMITTED] TR18AU95.002
    
where:

Debits and all terms of the equation are in units of megagrams per 
          month, and
EPViACTUAL = Emissions from each Group 1 miscellaneous 
          process vent i that is uncontrolled or is controlled to a 
          level less stringent than the reference control technology. 
          This is calculated according to paragraph (g)(2) of this 
          section.
(0.02) EPViu = Emissions from each Group 1 miscellaneous 
          process vent i if the reference control technology had been 
          applied to the uncontrolled emissions, calculated according to 
          paragraph (g)(2) of this section.
ESiACTUAL = Emissions from each Group 1 storage vessel i that 
          is uncontrolled or is controlled to a level less stringent 
          than the reference control technology. This is calculated 
          according to paragraph (g)(3) of this section.
(0.05) ESiu = Emissions from each Group 1 storage vessel i if 
          the reference control technology had been applied to the 
          uncontrolled emissions, calculated according to paragraph 
          (g)(3) of this section.
EGLRiACTUAL = Emissions from each Group 1 gasoline loading 
          rack i that is uncontrolled or is controlled to a level less 
          stringent than the reference control technology. This is 
          calculated according to paragraph (g)(4) of this section.
EGLRic = Emissions from each Group 1 gasoline loading rack i 
          if the reference control technology had been applied to the 
          uncontrolled emissions. This is calculated according to 
          paragraph (g)(4) of this section.
EMVACTUAL = Emissions from each Group 1 marine tank vessel i 
          that is uncontrolled or is controlled to a level less 
          stringent than the reference control technology. This is 
          calculated according to paragraph (g)(5) of this section.

[[Page 83]]

(0.03) EMViu = Emissions from each Group 1 marine tank vessel 
          i if the reference control technology had been applied to the 
          uncontrolled emissions calculated according to paragraph 
          (g)(5) of this section.
n = The number of Group 1 emission points being included in the 
          emissions average. The value of n is not necessarily the same 
          for each kind of emission point.

    (2) Emissions from miscellaneous process vents shall be calculated 
as follows:
    (i) For purposes of determining miscellaneous process vent stream 
flow rate, organic HAP concentrations, and temperature, the sampling 
site shall be after the final product recovery device, if any recovery 
devices are present; before any control device (for miscellaneous 
process vents, recovery devices shall not be considered control 
devices); and before discharge to the atmosphere. Method 1 or 1A of part 
60, appendix A shall be used for selection of the sampling site.
    (ii) The following equation shall be used for each miscellaneous 
process vent i to calculate EPViu:
[GRAPHIC] [TIFF OMITTED] TR18AU95.003

where:

EPViu = Uncontrolled process vent emission rate from 
          miscellaneous process vent i, megagrams per month.
Q = Vent stream flow rate, dry standard cubic meters per minute, 
          measured using Methods 2, 2A, 2C, or 2D of part 60 appendix A, 
          as appropriate.
h = Monthly hours of operation during which positive flow is present in 
          the vent, hours per month.
Cj = Concentration, parts per million by volume, dry basis, 
          of organic HAP j as measured by Method 18 of part 60 appendix 
          A.
Mj = Molecular weight of organic HAP j, gram per gram-mole.
n = Number of organic HAP's in the miscellaneous process vent stream.

    (A) The values of Q, Cj, and Mj shall be 
determined during a performance test conducted under representative 
operating conditions. The values of Q, Cj, and Mj 
shall be established in the Notification of Compliance Status report and 
must be updated as provided in paragraph (g)(2)(ii)(B) of this section.
    (B) If there is a change in capacity utilization other than a change 
in monthly operating hours, or if any other change is made to the 
process or product recovery equipment or operation such that the 
previously measured values of Q, Cj, and Mj are no 
longer representative, a new performance test shall be conducted to 
determine new representative values of Q, Cj, and 
Mj. These new values shall be used to calculate debits and 
credits from the time of the change forward, and the new values shall be 
reported in the next Periodic Report.
    (iii) The following procedures and equations shall be used to 
calculate EPViACTUAL:
    (A) If the vent is not controlled by a control device or pollution 
prevention measure, EPViACTUAL = EPViu, where 
EPViu is calculated according to the procedures in paragraphs 
(g)(2)(i) and (g)(2)(ii) of this section.
    (B) If the vent is controlled using a control device or a pollution 
prevention measure achieving less than 98-percent reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.004

    (1) The percent reduction shall be measured according to the 
procedures in Sec.  63.116 of subpart G if a combustion control device 
is used. For a flare meeting the criteria in Sec.  63.116(a) of subpart 
G or Sec.  63.670, as applicable, or a boiler or process heater meeting 
the criteria in Sec.  63.645(d) or Sec.  63.116(b) of subpart G, the 
percentage of reduction shall be 98 percent. If a noncombustion control 
device is used, percentage of reduction shall be demonstrated by a 
performance test at the inlet and outlet of the device, or, if testing 
is not feasible,

[[Page 84]]

by a control design evaluation and documented engineering calculations.
    (2) For determining debits from miscellaneous process vents, product 
recovery devices shall not be considered control devices and cannot be 
assigned a percentage of reduction in calculating EPViACTUAL. 
The sampling site for measurement of uncontrolled emissions is after the 
final product recovery device.
    (3) Procedures for calculating the percentage of reduction of 
pollution prevention measures are specified in paragraph (j) of this 
section.
    (3) Emissions from storage vessels shall be calculated as specified 
in Sec.  63.150(g)(3) of subpart G.
    (4) Emissions from gasoline loading racks shall be calculated as 
follows:
    (i) The following equation shall be used for each gasoline loading 
rack i to calculate EGLRiu:
[GRAPHIC] [TIFF OMITTED] TR18AU95.005

where:

EGLRiu = Uncontrolled transfer HAP emission rate from 
          gasoline loading rack i, megagrams per month
S = Saturation factor, dimensionless (see table 33 of subpart G).
P = Weighted average rack partial pressure of organic HAP's transferred 
          at the rack during the month, kilopascals.
M = Weighted average molecular weight of organic HAP's transferred at 
          the gasoline loading rack during the month, gram per gram-
          mole.
G = Monthly volume of gasoline transferred from gasoline loading rack, 
          liters per month.
T = Weighted rack bulk liquid loading temperature during the month, 
          degrees kelvin (degrees Celsius  deg.C + 273).

    (ii) The following equation shall be used for each gasoline loading 
rack i to calculate the weighted average rack partial pressure:
[GRAPHIC] [TIFF OMITTED] TR18AU95.006

where:

Pj = Maximum true vapor pressure of individual organic HAP 
          transferred at the rack, kilopascals.
G = Monthly volume of organic HAP transferred, liters per month, and

[GRAPHIC] [TIFF OMITTED] TR18AU95.007

Gj = Monthly volume of individual organic HAP transferred at 
          the gasoline loading rack, liters per month.
n = Number of organic HAP's transferred at the gasoline loading rack.

    (iii) The following equation shall be used for each gasoline loading 
rack i to calculate the weighted average rack molecular weight:
[GRAPHIC] [TIFF OMITTED] TR18AU95.008

where:

Mj = Molecular weight of individual organic HAP transferred 
          at the rack, gram per gram-mole.
G, Gj, and n are as defined in paragraph (g)(4)(ii) of this 
          section.

    (iv) The following equation shall be used for each gasoline loading 
rack i to calculate the monthly weighted rack bulk liquid loading 
temperature:
[GRAPHIC] [TIFF OMITTED] TR18AU95.009

Tj = Average annual bulk temperature of individual organic 
          HAP loaded at the gasoline loading rack, kelvin (degrees 
          Celsius  deg.C + 273).
G, Gj, and n are as defined in paragraph (g)(4)(ii) of this 
          section.

    (v) The following equation shall be used to calculate 
EGLRic:
[GRAPHIC] [TIFF OMITTED] TR18AU95.010

G is as defined in paragraph (g)(4)(ii) of this section.

    (vi) The following procedures and equations shall be used to 
calculate EGLRiACTUAL:
    (A) If the gasoline loading rack is not controlled, 
EGLRiACTUAL = EGLRiu, where EGLRiu is 
calculated using the equations specified in paragraphs (g)(4)(i) through 
(g)(4)(iv) of this section.

[[Page 85]]

    (B) If the gasoline loading rack is controlled using a control 
device or a pollution prevention measure not achieving the requirement 
of less than 10 milligrams of TOC per liter of gasoline loaded,
[GRAPHIC] [TIFF OMITTED] TR18AU95.011

    (1) The percent reduction for a control device shall be measured 
according to the procedures and test methods specified in Sec.  
63.128(a) of subpart G. If testing is not feasible, the percentage of 
reduction shall be determined through a design evaluation according to 
the procedures specified in Sec.  63.128(h) of subpart G.
    (2) Procedures for calculating the percentage of reduction for 
pollution prevention measures are specified in paragraph (j) of this 
section.
    (5) Emissions from marine tank vessel loading shall be calculated as 
follows:
    (i) The following equation shall be used for each marine tank vessel 
i to calculate EMViu:
[GRAPHIC] [TIFF OMITTED] TR18AU95.012

where:

EMViu = Uncontrolled marine tank vessel HAP emission rate 
          from marine tank vessel i, megagrams per month.
Qi = Quantity of commodity loaded (per vessel type), liters.
Fi = Emission factor, megagrams per liter.
Pi = Percent HAP.
m = Number of combinations of commodities and vessel types loaded.

    Emission factors shall be based on test data or emission estimation 
procedures specified in Sec.  63.565(l) of subpart Y.
    (ii) The following procedures and equations shall be used to 
calculate EMViACTUAL:
    (A) If the marine tank vessel is not controlled, 
EMViACTUAL = EMViu, where EMViu is 
calculated using the equations specified in paragraph (g)(5)(i) of this 
section.
    (B) If the marine tank vessel is controlled using a control device 
or a pollution prevention measure achieving less than 97-percent 
reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.013

    (1) The percent reduction for a control device shall be measured 
according to the procedures and test methods specified in Sec.  
63.565(d) of subpart Y. If testing is not feasible, the percentage of 
reduction shall be determined through a design evaluation according to 
the procedures specified in Sec.  63.128(h) of subpart G.
    (2) Procedures for calculating the percentage of reduction for 
pollution prevention measures are specified in paragraph (j) of this 
section.
    (h) Credits are generated by the difference between emissions that 
are allowed for each Group 1 and Group 2 emission point and the actual 
emissions from a Group 1 or Group 2 emission point that has been 
controlled after November 15, 1990 to a level more stringent than what 
is required by this subpart or any other State or Federal rule or 
statute. Credits shall be calculated as follows:
    (1) The overall equation for calculating sourcewide credits is:

[[Page 86]]

[GRAPHIC] [TIFF OMITTED] TR12JN96.000

where:

Credits and all terms of the equation are in units of megagrams per 
          month, the baseline date is November 15, 1990, and
D = Discount factor = 0.9 for all credit-generating emission points 
          except those controlled by a pollution prevention measure, 
          which will not be discounted.
EPV1iACTUAL = Emissions for each Group 1 miscellaneous 
          process vent i that is controlled to a level more stringent 
          than the reference control technology, calculated according to 
          paragraph (h)(2) of this section.
(0.02) EPV1iu = Emissions from each Group 1 miscellaneous 
          process vent i if the reference control technology had been 
          applied to the uncontrolled emissions. EPV1iu is 
          calculated according to paragraph (h)(2) of this section.
EPV2iBASE = Emissions from each Group 2 miscellaneous process 
          vent; at the baseline date, as calculated in paragraph (h)(2) 
          of this section.
EPV2iACTUAL = Emissions from each Group 2 miscellaneous 
          process vent that is controlled, calculated according to 
          paragraph (h)(2) of this section.
ES1iACTUAL = Emissions from each Group 1 storage vessel i 
          that is controlled to a level more stringent than the 
          reference control technology, calculated according to 
          paragraph (h)(3) of this section.
(0.05) ES1iu = Emissions from each Group 1 storage vessel i 
          if the reference control technology had been applied to the 
          uncontrolled emissions. ES1iu is calculated 
          according to paragraph (h)(3) of this section.
ES2iACTUAL = Emissions from each Group 2 storage vessel i 
          that is controlled, calculated according to paragraph (h)(3) 
          of this section.
ES2iBASE = Emissions from each Group 2 storage vessel i at 
          the baseline date, as calculated in paragraph (h)(3) of this 
          section.
EGLR1iACTUAL = Emissions from each Group 1 gasoline loading 
          rack i that is controlled to a level more stringent than the 
          reference control technology, calculated according to 
          paragraph (h)(4) of this section.
EGLRic = Emissions from each Group 1 gasoline loading rack i 
          if the reference control technology had been applied to the 
          uncontrolled emissions. EGLRiu is calculated 
          according to paragraph (h)(4) of this section.
EGRL2iACTUAL = Emissions from each Group 2 gasoline loading 
          rack i that is controlled, calculated according to paragraph 
          (h)(4) of this section.
EGLR2iBASE = Emissions from each Group 2 gasoline loading 
          rack i at the baseline date, as calculated in paragraph (h)(4) 
          of this section.
EMV1iACTUAL = Emissions from each Group 1 marine tank vessel 
          i that is controlled to a level more stringent than the 
          reference control technology, calculated according to 
          paragraph (h)(4) of this section.
(0.03)EMV1iu = Emissions from each Group 1 marine tank vessel 
          i if the reference control technology had been applied to the 
          uncontrolled emissions. EMV1iu is calculated 
          according to paragraph (h)(5) of this section.
EMV2iACTUAL = Emissions from each Group 2 marine tank vessel 
          i that is controlled, calculated according to paragraph (h)(5) 
          of this section.

[[Page 87]]

EMV2iBASE = Emissions from each Group 2 marine tank vessel i 
          at the baseline date, as calculated in paragraph (h)(5) of 
          this section.
EWW1iACTUAL = Emissions from each Group 1 wastewater stream i 
          that is controlled to a level more stringent than the 
          reference control technology, calculated according to 
          paragraph (h)(6) of this section.
EWW1ic = Emissions from each Group 1 wastewater stream i if 
          the reference control technology had been applied to the 
          uncontrolled emissions, calculated according to paragraph 
          (h)(6) of this section.
EWW2iACTUAL = Emissions from each Group 2 wastewater stream i 
          that is controlled, calculated according to paragraph (h)(6) 
          of this section.
EWW2iBASE = Emissions from each Group 2 wastewater stream i 
          at the baseline date, calculated according to paragraph (h)(6) 
          of this section.
n = Number of Group 1 emission points included in the emissions average. 
          The value of n is not necessarily the same for each kind of 
          emission point.
m = Number of Group 2 emission points included in the emissions average. 
          The value of m is not necessarily the same for each kind of 
          emission point.

    (i) For an emission point controlled using a reference control 
technology, the percentage of reduction for calculating credits shall be 
no greater than the nominal efficiency associated with the reference 
control technology, unless a higher nominal efficiency is assigned as 
specified in paragraph (h)(1)(ii) of this section.
    (ii) For an emission point controlled to a level more stringent than 
the reference control technology, the nominal efficiency for calculating 
credits shall be assigned as described in paragraph (i) of this section. 
A reference control technology may be approved for use in a different 
manner and assigned a higher nominal efficiency according to the 
procedures in paragraph (i) of this section.
    (iii) For an emission point controlled using a pollution prevention 
measure, the nominal efficiency for calculating credits shall be 
determined as described in paragraph (j) of this section.
    (2) Emissions from process vents shall be determined as follows:
    (i) Uncontrolled emissions from miscellaneous process vents, 
EPV1iu, shall be calculated according to the procedures and 
equation for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of 
this section.
    (ii) Actual emissions from miscellaneous process vents controlled 
using a technology with an approved nominal efficiency greater than 98 
percent or a pollution prevention measure achieving greater than 98 
percent emission reduction, EPV1iACTUAL, shall be calculated 
according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR18AU95.015

    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 process vents, EPV2iACTUAL:
    (A) For a Group 2 process vent controlled by a control device, a 
recovery device applied as a pollution prevention project, or a 
pollution prevention measure, if the control achieves a percentage of 
reduction less than or equal to a 98 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.016

    (1) EPV2iu shall be calculated according to the equations 
and procedures for EPViu in paragraphs (g)(2)(i) and

[[Page 88]]

(g)(2)(ii) of this section except as provided in paragraph 
(h)(2)(iii)(A)(3) of this section.
    (2) The percentage of reduction shall be calculated according to the 
procedures in paragraphs (g)(2)(iii)(B)(1) through (g)(2)(iii)(B)(3) of 
this section except as provided in paragraph (h)(2)(iii)(A)(4) of this 
section.
    (3) If a recovery device was added as part of a pollution prevention 
project, EPV2iu shall be calculated prior to that recovery 
device. The equation for EPViu in paragraph (g)(2)(ii) of 
this section shall be used to calculate EPV2iu; however, the 
sampling site for measurement of vent stream flow rate and organic HAP 
concentration shall be at the inlet of the recovery device.
    (4) If a recovery device was added as part of a pollution prevention 
project, the percentage of reduction shall be demonstrated by conducting 
a performance test at the inlet and outlet of that recovery device.
    (B) For a Group 2 process vent controlled using a technology with an 
approved nominal efficiency greater than a 98 percent or a pollution 
prevention measure achieving greater than 98 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.017

    (iv) Emissions from Group 2 process vents at baseline, 
EPV2iBASE, shall be calculated as follows:
    (A) If the process vent was uncontrolled on November 15, 1990, 
EPV2iBASE = EPV2iu, and shall be calculated 
according to the procedures and equation for EPViu in 
paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
    (B) If the process vent was controlled on November 15, 1990,
    [GRAPHIC] [TIFF OMITTED] TR18AU95.018
    
where EPV2iu is calculated according to the procedures and 
          equation for EPViu in paragraphs (g)(2)(i) and 
          (g)(2)(ii) of this section. The percentage of reduction shall 
          be calculated according to the procedures specified in 
          paragraphs (g)(2)(iii)(B)(1) through (g)(2)(iii)(B)(3) of this 
          section.

    (C) If a recovery device was added to a process vent as part of a 
pollution prevention project initiated after November 15, 1990, 
EPV2iBASE = EPV2iu, where EPV2iu is 
calculated according to paragraph (h)(2)(iii)(A)(3) of this section.
    (3) Emissions from storage vessels shall be determined as specified 
in Sec.  63.150(h)(3) of subpart G, except as follows:
    (i) For storage vessels complying with Sec.  63.646:
    (A) All references to Sec.  63.119(b) in Sec.  63.150(h)(3) of 
subpart G shall be replaced with: Sec.  63.119(b) or Sec.  63.119(b) 
except for Sec.  63.119(b)(5) and (6).
    (B) All references to Sec.  63.119(c) in Sec.  63.150(h)(3) of 
subpart G shall be replaced with: Sec.  63.119(c) or Sec.  63.119(c) 
except for Sec.  63.119(c)(2).
    (C) All references to Sec.  63.119(d) in Sec.  63.150(h)(3) of 
subpart G shall be replaced with: Sec.  63.119(d) or Sec.  63.119(d) 
except for Sec.  63.119(d)(2).
    (ii) For storage vessels complying with Sec.  63.660:
    (A) Section 63.1063(a)(1)(i), (a)(2), and (b) or Sec.  
63.1063(a)(1)(i) and (b) shall apply instead of Sec.  63.119(b) in Sec.  
63.150(h)(3) of subpart G.
    (B) Section 63.1063(a)(1)(ii), (a)(2), and (b) shall apply instead 
of Sec.  63.119(c) in Sec.  63.150(h)(3) of subpart G.

[[Page 89]]

    (C) Section 63.1063(a)(1)(i), (a)(2), and (b) or Sec.  
63.1063(a)(1)(i) and (b) shall apply instead of Sec.  63.119(d) in Sec.  
63.150(h)(3) of subpart G.
    (4) Emissions from gasoline loading racks shall be determined as 
follows:
    (i) Uncontrolled emissions from Group 1 gasoline loading racks, 
EGLR1iu, shall be calculated according to the procedures and 
equations for EGLRiu as described in paragraphs (g)(4)(i) 
through (g)(4)(iv) of this section.
    (ii) Emissions from Group 1 gasoline loading racks if the reference 
control technology had been applied, EGLRic, shall be 
calculated according to the procedures and equations in paragraph 
(g)(4)(v) of this section.
    (iii) Actual emissions from Group 1 gasoline loading racks 
controlled to less than 10 milligrams of TOC per liter of gasoline 
loaded; EGLRiACTUAL, shall be calculated according to the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR18AU95.019

    (iv) The following procedures shall be used to calculate actual 
emissions from Group 2 gasoline loading racks, EGLR2iACTUAL:
    (A) For a Group 2 gasoline loading rack controlled by a control 
device or a pollution prevention measure achieving emissions reduction 
but where emissions are greater than the 10 milligrams of TOC per liter 
of gasoline loaded requirement,
[GRAPHIC] [TIFF OMITTED] TR18AU95.020

    (1) EGLR2iu shall be calculated according to the 
equations and procedures for EGLRiu in paragraphs (g)(4)(i) 
through (g)(4)(iv) of this section.
    (2) The percentage of reduction shall be calculated according to the 
procedures in paragraphs (g)(4)(vi)(B)(1) and (g)(4)(vi)(B)(2) of this 
section.
    (B) For a Group 2 gasoline loading rack controlled by using a 
technology with an approved nominal efficiency greater than 98 percent 
or a pollution prevention measure achieving greater than a 98-percent 
reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.021

    (v) Emissions from Group 2 gasoline loading racks at baseline, 
EGLR2iBASE, shall be calculated as follows:
    (A) If the gasoline loading rack was uncontrolled on November 15, 
1990, EGLR2iBASE = EGLR2iu, and shall be 
calculated according to the procedures and equations for 
EGLRiu in paragraphs (g)(4)(i) through (g)(4)(iv) of this 
section.
    (B) If the gasoline loading rack was controlled on November 15, 
1990,

[[Page 90]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.022

where EGLR2iu is calculated according to the procedures and 
          equations for EGLRiu in paragraphs (g)(4)(i) 
          through (g)(4)(iv) of this section. Percentage of reduction 
          shall be calculated according to the procedures in paragraphs 
          (g)(4)(vi)(B)(1) and (g)(4)(vi)(B)(2) of this section.

    (5) Emissions from marine tank vessels shall be determined as 
follows:
    (i) Uncontrolled emissions from Group 1 marine tank vessels, 
EMV1iu, shall be calculated according to the procedures and 
equations for EMViu as described in paragraph (g)(5)(i) of 
this section.
    (ii) Actual emissions from Group 1 marine tank vessels controlled 
using a technology or pollution prevention measure with an approved 
nominal efficiency greater than 97 percent, EMViACTUAL, shall 
be calculated according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR18AU95.023

    (iii) The following procedures shall be used to calculate actual 
emissions from Group 2 marine tank vessels, EMV2iACTUAL:
    (A) For a Group 2 marine tank vessel controlled by a control device 
or a pollution prevention measure achieving a percentage of reduction 
less than or equal to 97 percent reduction,
[GRAPHIC] [TIFF OMITTED] TR18AU95.024

    (1) EMV2iu shall be calculated according to the equations 
and procedures for EMViu in paragraph (g)(5)(i) of this 
section.
    (2) The percentage of reduction shall be calculated according to the 
procedures in paragraphs (g)(5)(ii)(B)(1) and (g)(5)(ii)(B)(2) of this 
section.
    (B) For a Group 2 marine tank vessel controlled using a technology 
or a pollution prevention measure with an approved nominal efficiency 
greater than 97 percent,
[GRAPHIC] [TIFF OMITTED] TR18AU95.025

    (iv) Emissions from Group 2 marine tank vessels at baseline, 
EMV2iBASE, shall be calculated as follows:
    (A) If the marine terminal was uncontrolled on November 15, 1990, 
EMV2iBASE equals EMV2iu, and shall be calculated 
according to the procedures and equations for EMViu in 
paragraph (g)(5)(i) of this section.
    (B) If the marine tank vessel was controlled on November 15, 1990,

[[Page 91]]

[GRAPHIC] [TIFF OMITTED] TR18AU95.026

where EMV2iu is calculated according to the procedures and 
          equations for EMViu in paragraph (g)(5)(i) of this 
          section. Percentage of reduction shall be calculated according 
          to the procedures in paragraphs (g)(5)(ii)(B)(1) and 
          (g)(5)(ii)(B)(2) of this section.

    (6) Emissions from wastewater shall be determined as follows:
    (i) For purposes of paragraphs (h)(4)(ii) through (h)(4)(vi) of this 
section, the following terms will have the meaning given them in 
paragraphs (h)(6)(i)(A) through (h)(6)(i)(C) of this section.
    (A) Correctly suppressed means that a wastewater stream is being 
managed according to the requirements of Sec. Sec.  61.343 through 
61.347 or Sec.  61.342(c)(l)(iii) of 40 CFR part 61, subpart FF, as 
applicable, and the emissions from the waste management units subject to 
those requirements are routed to a control device that reduces HAP 
emissions by 95 percent or greater.
    (B) Treatment process has the meaning given in Sec.  61.341 of 40 
CFR part 61, subpart FF except that it does not include biological 
treatment units.
    (C) Vapor control device means the control device that receives 
emissions vented from a treatment process or treatment processes.
    (ii) The following equation shall be used for each wastewater stream 
i to calculate EWWic:
[GRAPHIC] [TIFF OMITTED] TR18AU95.027

where:

EWWic = Monthly wastewater stream emission rate if wastewater 
          stream i were controlled by the reference control technology, 
          megagrams per month.
Qi = Average flow rate for wastewater stream i, liters per 
          minute.
Hi = Number of hours during the month that wastewater stream 
          i was generated, hours per month.
Frm = Fraction removed of organic HAP m in wastewater, from 
          table 7 of this subpart, dimensionless.
Fem = Fraction emitted of organic HAP m in wastewater from 
          table 7 of this subpart, dimensionless.
s = Total number of organic HAP's in wastewater stream i.
HAPim = Average concentration of organic HAP m in wastewater 
          stream i, parts per million by weight.

    (A) HAPim shall be determined for the point of generation 
or at a location downstream of the point of generation. Wastewater 
samples shall be collected using the sampling procedures specified in 
Method 25D of 40 CFR part 60, appendix A. Where feasible, samples shall 
be taken from an enclosed pipe prior to the wastewater being exposed to 
the atmosphere. When sampling from an enclosed pipe is not feasible, a 
minimum of three representative samples shall be collected in a manner 
to minimize exposure of the sample to the atmosphere and loss of organic 
HAP's prior to sampling. The samples collected may be analyzed by either 
of the following procedures:
    (1) A test method or results from a test method that measures 
organic HAP concentrations in the wastewater, and that has been 
validated pursuant to section 5.1 or 5.3 of Method 301 of appendix A of 
this part may be used; or
    (2) Method 305 of appendix A of this part may be used to determine 
Cim, the average volatile organic HAP concentration of 
organic HAP m in wastewater stream i, and then HAPim may be 
calculated using the following equation: HAPim = 
Cim/Fmm, where Fmm for organic HAP m is 
obtained from table 7 of this subpart.
    (B) Values for Qi, HAPim, and Cim 
shall be determined during a performance test conducted under 
representative conditions. The average value obtained

[[Page 92]]

from three test runs shall be used. The values of Qi, 
HAPim, and Cim shall be established in the 
Notification of Compliance Status report and must be updated as provided 
in paragraph (h)(6)(i)(C) of this section.
    (C) If there is a change to the process or operation such that the 
previously measured values of Qi, HAPim, and 
Cim are no longer representative, a new performance test 
shall be conducted to determine new representative values of 
Qi, HAPim, and Cim. These new values 
shall be used to calculate debits and credits from the time of the 
change forward, and the new values shall be reported in the next 
Periodic Report.
    (iii) The following equations shall be used to calculate 
EWW1iACTUAL for each Group 1 wastewater stream i that is 
correctly suppressed and is treated to a level more stringent than the 
reference control technology.
    (A) If the Group 1 wastewater stream i is controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency for an individually speciated HAP that is 
greater than that specified in table 7 of this subpart, and the vapor 
control device achieves a percentage of reduction equal to 95 percent, 
the following equation shall be used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.028

Where:

EWWiACTUAL = Monthly wastewater stream emission rate if 
          wastewater stream i is treated to a level more stringent than 
          the reference control technology, megagrams per month.
PRim = The efficiency of the treatment process, or series of 
          treatment processes, that treat wastewater stream i in 
          reducing the emission potential of organic HAP m in 
          wastewater, dimensionless, as calculated by:
          [GRAPHIC] [TIFF OMITTED] TR18AU95.029
          
Where:

HAPim-in = Average concentration of organic HAP m, parts per 
          million by weight, as defined and determined according to 
          paragraph (h)(6)(ii)(A) of this section, in the wastewater 
          entering the first treatment process in the series.
HAPim-out = Average concentration of organic HAP m, parts per 
          million by weight, as defined and determined according to 
          paragraph (h)(6)(ii)(A) of this section, in the wastewater 
          exiting the last treatment process in the series.


All other terms are as defined and determined in paragraph (h)(6)(ii) of 
this section.
    (B) If the Group 1 wastewater stream i is not controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency for an individually speciated HAP that is 
greater than that specified in table 7 of this subpart, but the vapor 
control device has an approved nominal efficiency greater than 95 
percent, the following equation shall be used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.030

Where:

Nominal efficiency = Approved reduction efficiency of the vapor control 
          device, dimensionless, as determined according to the 
          procedures in Sec.  63.652(i).
Am = The efficiency of the treatment process, or series of 
          treatment processes, that treat wastewater stream i in 
          reducing the emission potential of organic HAP m in 
          wastewater, dimensionless.


All other terms are as defined and determined in paragraphs (h)(6)(ii) 
and (h)(6)(iii)(A) of this section.

[[Page 93]]

    (1) If a steam stripper meeting the specifications in the definition 
of reference control technology for wastewater is used, Am 
shall be equal to the value of Frm given in table 7 of this 
subpart.
    (2) If an alternative control device is used, the percentage of 
reduction must be determined using the equation and methods specified in 
paragraph (h)(6)(iii)(A) of this section for determining 
PRim. If the value of PRim is greater than or 
equal to the value of Frm given in table 7 of this subpart, 
then Am equals Frm unless a higher nominal 
efficiency has been approved. If a higher nominal efficiency has been 
approved for the treatment process, the owner or operator shall 
determine EWW1iACTUAL according to paragraph (h)(6)(iii)(B) 
of this section rather than paragraph (h)(6)(iii)(A) of this section. If 
PRim is less than the value of FRm given in table 
7 of this subpart, emissions averaging shall not be used for this 
emission point.
    (C) If the Group 1 wastewater stream i is controlled using a 
treatment process or series of treatment processes with an approved 
nominal reduction efficiency for an individually speciated hazardous air 
pollutant that is greater than that specified in table 7 of this 
subpart, and the vapor control device has an approved nominal efficiency 
greater than 95 percent, the following equation shall be used:
[GRAPHIC] [TIFF OMITTED] TR18AU95.031

where all terms are as defined and determined in paragraphs (h)(6)(ii) 
          and (h)(6)(iii)(A) of this section.

    (iv) The following equation shall be used to calculate 
EWW2iBASE for each Group 2 wastewater stream i that on 
November 15, 1990 was not correctly suppressed or was correctly 
suppressed but not treated:
[GRAPHIC] [TIFF OMITTED] TR18AU95.032

Where:

EWW2iBASE = Monthly wastewater stream emission rate if 
          wastewater stream i is not correctly suppressed, megagrams per 
          month.
Qi, Hi, s, Fem, and HAPim 
          are as defined and determined according to paragraphs 
          (h)(6)(ii) and (h)(6)(iii)(A) of this section.

    (v) The following equation shall be used to calculate 
EWW2iBASE for each Group 2 wastewater stream i on November 
15, 1990 was correctly suppressed. EWW2iBASE shall be 
calculated as if the control methods being used on November 15, 1990 are 
in place and any control methods applied after November 15, 1990 are 
ignored. However, values for the parameters in the equation shall be 
representative of present production levels and stream properties.
[GRAPHIC] [TIFF OMITTED] TR18AU95.033

where Ri is calculated according to paragraph (h)(6)(vii) of 
          this section and all other terms are as defined and determined 
          according to paragraphs (h)(6)(ii) and (h)(6)(iii)(A) of this 
          section.


[[Page 94]]


    (vi) For Group 2 wastewater streams that are correctly suppressed, 
EWW2iACTUAL shall be calculated according to the equation for 
EWW2iBASE in paragraph (h)(6)(v) of this section. 
EWW2iACTUAL shall be calculated with all control methods in 
place accounted for.
    (vii) The reduction efficiency, Ri, of the vapor control 
device shall be demonstrated according to the following procedures:
    (A) Sampling sites shall be selected using Method 1 or 1A of 40 CFR 
part 60, appendix A, as appropriate.
    (B) The mass flow rate of organic compounds entering and exiting the 
control device shall be determined as follows:
    (1) The time period for the test shall not be less than 3 hours 
during which at least three runs are conducted.
    (2) A run shall consist of a 1-hour period during the test. For each 
run:
    (i) The volume exhausted shall be determined using Methods 2, 2A, 
2C, or 2D of 40 CFR part 60 appendix A, as appropriate;
    (ii) The organic concentration in the vent stream entering and 
exiting the control device shall be determined using Method 18 of 40 CFR 
part 60, appendix A. Alternatively, any other test method validated 
according to the procedures in Method 301 of appendix A of this part may 
be used.
    (3) The mass flow rate of organic compounds entering and exiting the 
control device during each run shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR18AU95.034

Where:

Ea = Mass flow rate of organic compounds exiting the control 
          device, kilograms per hour.
Eb = Mass flow rate of organic compounds entering the control 
          device, kilograms per hour.
Vap = Average volumetric flow rate of vent stream exiting the 
          control device during run p at standards conditions, cubic 
          meters per hour.
Vbp = Average volumetric flow rate of vent stream entering 
          the control device during run p at standards conditions, cubic 
          meters per hour.
p = Run.
m = Number of runs.
Caip = Concentration of organic compound i measured in the 
          vent stream exiting the control device during run p as 
          determined by Method 18 of 40 CFR part 60 appendix A, parts 
          per million by volume on a dry basis.
Cbip = Concentration of organic compound i measured in the 
          vent stream entering the control device during run p as 
          determined by Method 18 of 40 CFR part 60, appendix A, parts 
          per million by volume on a dry basis.
MWi = Molecular weight of organic compound i in the vent 
          stream, kilograms per kilogram-mole.
n = Number of organic compounds in the vent stream.
0.0416 = Conversion factor for molar volume, kilograms-mole per cubic 
          meter at 293 kelvin and 760 millimeters mercury absolute.

    (C) The organic reduction efficiency for the control device shall be 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR18AU95.035

Where:

R = Total organic reduction efficiency for the control device, 
          percentage.
Eb = Mass flow rate of organic compounds entering the control 
          device, kilograms per hour.
Ea = Mass flow rate of organic compounds exiting the control 
          device, kilograms per hour.

    (i) The following procedures shall be followed to establish nominal 
efficiencies. The procedures in paragraphs (i)(1) through (i)(6) of this 
section shall be followed for control technologies that are different in 
use or design from the reference control technologies and achieve 
greater percentages of reduction than the percentages of efficiency 
assigned to the reference control technologies in Sec.  63.641.
    (1) In those cases where the owner or operator is seeking permission 
to take credit for use of a control technology that is different in use 
or design from the reference control technology, and the different 
control technology will be

[[Page 95]]

used in more than three applications at a single plant site, the owner 
or operator shall submit the information specified in paragraphs 
(i)(1)(i) through (i)(1)(iv) of this section to the Administrator in 
writing:
    (i) Emission stream characteristics of each emission point to which 
the control technology is or will be applied including the kind of 
emission point, flow, organic HAP concentration, and all other stream 
characteristics necessary to design the control technology or determine 
its performance;
    (ii) Description of the control technology including design 
specifications;
    (iii) Documentation demonstrating to the Administrator's 
satisfaction the control efficiency of the control technology. This may 
include performance test data collected using an appropriate EPA method 
or any other method validated according to Method 301 of appendix A of 
this part. If it is infeasible to obtain test data, documentation may 
include a design evaluation and calculations. The engineering basis of 
the calculation procedures and all inputs and assumptions made in the 
calculations shall be documented; and
    (iv) A description of the parameter or parameters to be monitored to 
ensure that the control technology will be operated in conformance with 
its design and an explanation of the criteria used for selection of that 
parameter (or parameters).
    (2) The Administrator shall determine within 120 calendar days 
whether an application presents sufficient information to determine 
nominal efficiency. The Administrator reserves the right to request 
specific data in addition to the items listed in paragraph (i)(1) of 
this section.
    (3) The Administrator shall determine within 120 calendar days of 
the submittal of sufficient data whether a control technology shall have 
a nominal efficiency and the level of that nominal efficiency. If, in 
the Administrator's judgment, the control technology achieves a level of 
emission reduction greater than the reference control technology for a 
particular kind of emission point, the Administrator will publish a 
Federal Register notice establishing a nominal efficiency for the 
control technology.
    (4) The Administrator may grant conditional permission to take 
emission credits for use of the control technology on requirements that 
may be necessary to ensure operation and maintenance to achieve the 
specified nominal efficiency.
    (5) In those cases where the owner or operator is seeking permission 
to take credit for use of a control technology that is different in use 
or design from the reference control technology and the different 
control technology will be used in no more than three applications at a 
single plant site, the information listed in paragraphs (i)(1)(i) 
through (i)(1)(iv) of this section can be submitted to the permitting 
authority for the source for approval instead of the Administrator.
    (i) In these instances, use and conditions for use of the control 
technology can be approved by the permitting authority. The permitting 
authority shall follow the procedures specified in paragraphs (i)(2) 
through (i)(4) of this section except that, in these instances, a 
Federal Register notice is not required to establish the nominal 
efficiency for the different technology.
    (ii) If, in reviewing the submittal, the permitting authority 
believes the control technology has broad applicability for use by other 
sources, the permitting authority shall submit the information provided 
in the application to the Director of the EPA Office of Air Quality 
Planning and Standards. The Administrator shall review the technology 
for broad applicability and may publish a Federal Register notice; 
however, this review shall not affect the permitting authority's 
approval of the nominal efficiency of the control technology for the 
specific application.
    (6) If, in reviewing an application for a control technology for an 
emission point, the Administrator or permitting authority determines the 
control technology is not different in use or design from the reference 
control technology, the Administrator or permitting authority shall deny 
the application.
    (j) The following procedures shall be used for calculating the 
efficiency (percentage of reduction) of pollution prevention measures:
    (1) A pollution prevention measure is any practice that meets the 
criteria of

[[Page 96]]

paragraphs (j)(1)(i) and (j)(1)(ii) of this section.
    (i) A pollution prevention measure is any practice that results in a 
lesser quantity of organic HAP emissions per unit of product released to 
the atmosphere prior to out-of-process recycling, treatment, or control 
of emissions while the same product is produced.
    (ii) Pollution prevention measures may include: Substitution of 
feedstocks that reduce HAP emissions, alterations to the production 
process to reduce the volume of materials released to the environment, 
equipment modifications; housekeeping measures, and in-process recycling 
that returns waste materials directly to production as raw materials. 
Production cutbacks do not qualify as pollution prevention.
    (2) The emission reduction efficiency of pollution prevention 
measures implemented after November 15, 1990 can be used in calculating 
the actual emissions from an emission point in the debit and credit 
equations in paragraphs (g) and (h) of this section.
    (i) For pollution prevention measures, the percentage of reduction 
used in the equations in paragraphs (g)(2) and (g)(3) of this section 
and paragraphs (h)(2) through (h)(4) of this section is the difference 
in percentage between the monthly organic HAP emissions for each 
emission point after the pollution prevention measure for the most 
recent month versus monthly emissions from the same emission point 
before the pollution prevention measure, adjusted by the volume of 
product produced during the two monthly periods.
    (ii) The following equation shall be used to calculate the 
percentage of reduction of a pollution prevention measure for each 
emission point.
[GRAPHIC] [TIFF OMITTED] TR18AU95.036

Where:

Percent reduction = Efficiency of pollution prevention measure 
          (percentage of organic HAP reduction).
EB = Monthly emissions before the pollution prevention 
          measure, megagrams per month, determined as specified in 
          paragraphs (j)(2)(ii)(A), (j)(2)(ii)(B), and (j)(2)(ii)(C) of 
          this section.
Epp = Monthly emissions after the pollution prevention 
          measure, megagrams per month, as determined for the most 
          recent month, determined as specified in paragraphs 
          (j)(2)(ii)(D) or (j)(2)(ii)(E) of this section.
PB = Monthly production before the pollution prevention 
          measure, megagrams per month, during the same period over 
          which EB is calculated.
Ppp = Monthly production after the pollution prevention 
          measure, megagrams per month, as determined for the most 
          recent month.

    (A) The monthly emissions before the pollution prevention measure, 
EB, shall be determined in a manner consistent with the 
equations and procedures in paragraphs (g)(2), (g)(3), (g)(4), and 
(g)(5) of this section for miscellaneous process vents, storage vessels, 
gasoline loading racks, and marine tank vessels.
    (B) For wastewater, EB shall be calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TR18AU95.037
    
where:

n = Number of wastewater streams.

[[Page 97]]

QBi = Average flow rate for wastewater stream i before the 
          pollution prevention measure, liters per minute.
HBi = Number of hours per month that wastewater stream i was 
          discharged before the pollution prevention measure, hours per 
          month.
s = Total number of organic HAP's in wastewater stream i.
Fem = Fraction emitted of organic HAP m in wastewater from 
          table 7 of this subpart, dimensionless.
HAPBim = Average concentration of organic HAP m in wastewater 
          stream i, defined and determined according to paragraph 
          (h)(6)(ii)(A)(2) of this section, before the pollution 
          prevention measure, parts per million by weight, as measured 
          before the implementation of the pollution measure.

    (C) If the pollution prevention measure was implemented prior to 
July 14, 1994, records may be used to determine EB.
    (D) The monthly emissions after the pollution prevention measure, 
Epp, may be determined during a performance test or by a 
design evaluation and documented engineering calculations. Once an 
emissions-to-production ratio has been established, the ratio can be 
used to estimate monthly emissions from monthly production records.
    (E) For wastewater, Epp shall be calculated using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR18AU95.038

where n, Q, H, s, Fem, and HAP are defined and determined as 
          described in paragraph (j)(2)(ii)(B) of this section except 
          that Qppi, Hppi, and HAPppim 
          shall be determined after the pollution prevention measure has 
          been implemented.

    (iii) All equations, calculations, test procedures, test results, 
and other information used to determine the percentage of reduction 
achieved by a pollution prevention measure for each emission point shall 
be fully documented.
    (iv) The same pollution prevention measure may reduce emissions from 
multiple emission points. In such cases, the percentage of reduction in 
emissions for each emission point must be calculated.
    (v) For the purposes of the equations in paragraphs (h)(2) through 
(h)(6) of this section used to calculate credits for emission points 
controlled more stringently than the reference control technology, the 
nominal efficiency of a pollution prevention measure is equivalent to 
the percentage of reduction of the pollution prevention measure. When a 
pollution prevention measure is used, the owner or operator of a source 
is not required to apply to the Administrator for a nominal efficiency 
and is not subject to paragraph (i) of this section.
    (k) The owner or operator shall demonstrate that the emissions from 
the emission points proposed to be included in the average will not 
result in greater hazard or, at the option of the State or local 
permitting authority, greater risk to human health or the environment 
than if the emission points were controlled according to the provisions 
in Sec. Sec.  63.643 through 63.645, 63.646 or 63.660, 63.647, 63.650, 
and 63.651, as applicable.
    (1) This demonstration of hazard or risk equivalency shall be made 
to the satisfaction of the State or local permitting authority.
    (i) The State or local permitting authority may require owners and 
operators to use specific methodologies and procedures for making a 
hazard or risk determination.
    (ii) The demonstration and approval of hazard or risk equivalency 
may be made according to any guidance that the EPA makes available for 
use.
    (2) Owners and operators shall provide documentation demonstrating 
the hazard or risk equivalency of their proposed emissions average in 
their Implementation Plan.

[[Page 98]]

    (3) An emissions averaging plan that does not demonstrate an 
equivalent or lower hazard or risk to the satisfaction of the State or 
local permitting authority shall not be approved. The State or local 
permitting authority may require such adjustments to the emissions 
averaging plan as are necessary in order to ensure that the average will 
not result in greater hazard or risk to human health or the environment 
than would result if the emission points were controlled according to 
Sec. Sec.  63.643 through 63.645, 63.646 or 63.660, 63.647, 63.650, and 
63.651, as applicable.
    (4) A hazard or risk equivalency demonstration shall:
    (i) Be a quantitative, bona fide chemical hazard or risk assessment;
    (ii) Account for differences in chemical hazard or risk to human 
health or the environment; and
    (iii) Meet any requirements set by the State or local permitting 
authority for such demonstrations.
    (l) For periods of excess emissions, an owner or operator may 
request that the provisions of paragraphs (l)(1) through (l)(4) of this 
section be followed instead of the procedures in paragraphs (f)(3)(i) 
and (f)(3)(ii) of this section.
    (1) The owner or operator shall notify the Administrator of excess 
emissions in the Periodic Reports as required in Sec.  63.655(g)(6).
    (2) The owner or operator shall demonstrate that other types of 
monitoring data or engineering calculations are appropriate to establish 
that the control device for the emission point was operating in such a 
fashion to warrant assigning full or partial credits and debits. This 
demonstration shall be made to the Administrator's satisfaction, and the 
Administrator may establish procedures for demonstrating compliance that 
are acceptable.
    (3) The owner or operator shall provide documentation of the period 
of excess emissions and the other type of monitoring data or engineering 
calculations to be used to demonstrate that the control device for the 
emission point was operating in such a fashion to warrant assigning full 
or partial credits and debits.
    (4) The Administrator may assign full or partial credit and debits 
upon review of the information provided.

[60 FR 43260, Aug. 18, 1995; 60 FR 49976, Sept. 27, 1995; 61 FR 7051, 
Feb. 23, 1996, as amended at 61 FR 29881, June 12, 1996; 61 FR 33799, 
June 28, 1996; 74 FR 55686, Oct. 28, 2009; 80 FR 75246, Dec. 1, 2015]



Sec.  63.653  Monitoring, recordkeeping, and implementation plan 
for emissions averaging.

    (a) For each emission point included in an emissions average, the 
owner or operator shall perform testing, monitoring, recordkeeping, and 
reporting equivalent to that required for Group 1 emission points 
complying with Sec. Sec.  63.643 through 63.645, 63.646 or 63.660, 
63.647, 63.650, and 63.651, as applicable. The specific requirements for 
miscellaneous process vents, storage vessels, wastewater, gasoline 
loading racks, and marine tank vessels are identified in paragraphs 
(a)(1) through (7) of this section.
    (1) The source shall implement the following testing, monitoring, 
recordkeeping, and reporting procedures for each miscellaneous process 
vent equipped with a flare, incinerator, boiler, or process heater:
    (i) Conduct initial performance tests to determine the percentage of 
reduction as specified in Sec.  63.645 of this subpart and Sec.  63.116 
of subpart G; and
    (ii) Monitor the operating parameters specified in Sec.  63.644, as 
appropriate for the specific control device.
    (2) The source shall implement the following procedures for each 
miscellaneous process vent, equipped with a carbon adsorber, absorber, 
or condenser but not equipped with a control device:
    (i) Determine the flow rate and organic HAP concentration using the 
methods specified in Sec.  63.115 (a)(1) and (a)(2), Sec.  63.115 (b)(1) 
and (b)(2), and Sec.  63.115(c)(3) of subpart G; and
    (ii) Monitor the operating parameters specified in Sec.  63.114 of 
subpart G, as appropriate for the specific recovery device.
    (3) The source shall implement the following procedures for each 
storage vessel controlled with an internal floating roof, external roof, 
or a closed vent system with a control device, as appropriate to the 
control technique:

[[Page 99]]

    (i) Perform the monitoring or inspection procedures in Sec.  63.646 
and either Sec.  63.120 of subpart G or Sec.  63.1063 of subpart WW, as 
applicable; and
    (ii) For closed vent systems with control devices, conduct an 
initial design evaluation as specified in Sec.  63.646 and either Sec.  
63.120(d) of subpart G or Sec.  63.985(b) of subpart SS, as applicable.
    (4) For each gasoline loading rack that is controlled, perform the 
testing and monitoring procedures specified in Sec. Sec.  63.425 and 
63.427 of subpart R of this part except Sec.  63.425(d) or Sec.  
63.427(c).
    (5) For each marine tank vessel that is controlled, perform the 
compliance, monitoring, and performance testing, procedures specified in 
Sec. Sec.  63.563, 63.564, and 63.565 of subpart Y of this part.
    (6) The source shall implement the following procedures for 
wastewater emission points, as appropriate to the control techniques:
    (i) For wastewater treatment processes, conduct tests as specified 
in Sec.  61.355 of subpart FF of part 60;
    (ii) Conduct inspections and monitoring as specified in Sec. Sec.  
61.343 through 61.349 and Sec.  61.354 of 40 CFR part 61, subpart FF.
    (7) If an emission point in an emissions average is controlled using 
a pollution prevention measure or a device or technique for which no 
monitoring parameters or inspection procedures are specified in 
Sec. Sec.  63.643 through 63.645, 63.646 or 63.660, 63.647, 63.650, and 
63.651, as applicable, the owner or operator shall establish a site-
specific monitoring parameter and shall submit the information specified 
in Sec.  63.655(h)(4) in the Implementation Plan.
    (b) Records of all information required to calculate emission debits 
and credits and records required by Sec.  63.655 shall be retained for 5 
years.
    (c) Notifications of Compliance Status report, Periodic Reports, and 
other reports shall be submitted as required by Sec.  63.655.
    (d) Each owner or operator of an existing source who elects to 
comply with Sec.  63.655(g) and (h) by using emissions averaging for any 
emission points shall submit an Implementation Plan.
    (1) The Implementation Plan shall be submitted to the Administrator 
and approved prior to implementing emissions averaging. This information 
may be submitted in an operating permit application, in an amendment to 
an operating permit application, in a separate submittal, in a 
Notification of Compliance Status Report, in a Periodic Report or in any 
combination of these documents. If an owner or operator submits the 
information specified in paragraph (d)(2) of this section at different 
times, and/or in different submittals, later submittals may refer to 
earlier submittals instead of duplicating the previously submitted 
information.
    (2) The Implementation Plan shall include the information specified 
in paragraphs (d)(2)(i) through (d)(2)(ix) of this section for all 
points included in the average.
    (i) The identification of all emission points in the planned 
emissions average and notation of whether each emission point is a Group 
1 or Group 2 emission point as defined in Sec.  63.641.
    (ii) The projected annual emission debits and credits for each 
emission point and the sum for the emission points involved in the 
average calculated according to Sec.  63.652. The annual projected 
credits must be greater than the projected debits, as required under 
Sec.  63.652(e)(3).
    (iii) The specific control technology or pollution prevention 
measure that will be used for each emission point included in the 
average and date of application or expected date of application.
    (iv) The specific identification of each emission point affected by 
a pollution prevention measure. To be considered a pollution prevention 
measure, the criteria in Sec.  63.652(j)(1) must be met. If the same 
pollution prevention measure reduces or eliminates emissions from 
multiple emission points in the average, the owner or operator must 
identify each of these emission points.
    (v) A statement that the compliance demonstration, monitoring, 
inspection, recordkeeping, and reporting provisions in paragraphs (a), 
(b), and (c) of this section that are applicable to each emission point 
in the emissions average will be implemented beginning on the date of 
compliance.
    (vi) Documentation of the information listed in paragraphs 
(d)(2)(vi)(A) through (d)(2)(vi)(D) of this section for

[[Page 100]]

each emission point included in the average.
    (A) The values of the parameters used to determine whether each 
emission point in the emissions average is Group 1 or Group 2.
    (B) The estimated values of all parameters needed for input to the 
emission debit and credit calculations in Sec.  63.652 (g) and (h). 
These parameter values or, as appropriate, limited ranges for the 
parameter values, shall be specified in the source's Implementation Plan 
as enforceable operating conditions. Changes to these parameters must be 
reported in the next Periodic Report.
    (C) The estimated percentage of reduction if a control technology 
achieving a lower percentage of reduction than the efficiency of the 
reference control technology, as defined in Sec.  63.641, is or will be 
applied to the emission point.
    (D) The anticipated nominal efficiency if a control technology 
achieving a greater percentage emission reduction than the efficiency of 
the reference control technology is or will be applied to the emission 
point. The procedures in Sec.  63.652(i) shall be followed to apply for 
a nominal efficiency.
    (vii) The information specified in Sec.  63.655(h)(4) for:
    (A) Each miscellaneous process vent controlled by a pollution 
prevention measure or control technique for which monitoring parameters 
or inspection procedures are not specified in paragraphs (a)(1) or 
(a)(2) of this section; and
    (B) Each storage vessel controlled by a pollution prevention measure 
or a control technique other than an internal or external floating roof 
or a closed vent system with a control device.
    (viii) Documentation of the information listed in paragraphs 
(d)(2)(viii)(A) through (d)(2)(viii)(G) of this section for each process 
wastewater stream included in the average.
    (A) The information used to determine whether the wastewater stream 
is a Group 1 or Group 2 wastewater stream.
    (B) The estimated values of all parameters needed for input to the 
wastewater emission credit and debit calculations in Sec.  63.652(h)(6).
    (C) The estimated percentage of reduction if the wastewater stream 
is or will be controlled using a treatment process or series of 
treatment processes that achieves an emission reduction less than or 
equal to the emission reduction specified in table 7 of this subpart.
    (D) The estimated percentage of reduction if a control technology 
achieving less than or equal to 95 percent emission reduction is or will 
be applied to the vapor stream(s) vented and collected from the 
treatment processes.
    (E) The estimated percentage of reduction if a pollution prevention 
measure is or will be applied.
    (F) The anticipated nominal efficiency if the owner or operator 
plans to apply for a nominal efficiency under Sec.  63.652(i). A nominal 
efficiency shall be applied for if:
    (1) A control technology is or will be applied to the wastewater 
stream and achieves an emission reduction greater than the emission 
reduction specified in table 7 of this subpart; or
    (2) A control technology achieving greater than 95 percent emission 
reduction is or will be applied to the vapor stream(s) vented and 
collected from the treatment processes.
    (G) For each pollution prevention measure, treatment process, or 
control device used to reduce air emissions of organic HAP from 
wastewater and for which no monitoring parameters or inspection 
procedures are specified in Sec.  63.647, the information specified in 
Sec.  63.655(h)(4) shall be included in the Implementation Plan.
    (ix) Documentation required in Sec.  63.652(k) demonstrating the 
hazard or risk equivalency of the proposed emissions average.
    (3) The Administrator shall determine within 120 calendar days 
whether the Implementation Plan submitted presents sufficient 
information. The Administrator shall either approve the Implementation 
Plan, request changes, or request that the owner or operator submit 
additional information. Once the Administrator receives sufficient 
information, the Administrator shall

[[Page 101]]

approve, disapprove, or request changes to the plan within 120 calendar 
days.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29881, June 12, 1996; 
63 FR 31361, June 9, 1998; 74 FR 55686, Oct. 28, 2009; 80 FR 75246, Dec. 
1, 2015]



Sec.  63.654  Heat exchange systems.

    (a) Except as specified in paragraph (b) of this section, the owner 
or operator of a heat exchange system that meets the criteria in Sec.  
63.640(c)(8) must comply with the requirements of paragraphs (c) through 
(g) of this section.
    (b) A heat exchange system is exempt from the requirements in 
paragraphs (c) through (g) of this section if all heat exchangers within 
the heat exchange system either:
    (1) Operate with the minimum pressure on the cooling water side at 
least 35 kilopascals greater than the maximum pressure on the process 
side; or
    (2) Employ an intervening cooling fluid containing less than 5 
percent by weight of total organic HAP, as determined according to the 
provisions of Sec.  63.180(d) of this part and table 1 of this subpart, 
between the process and the cooling water. This intervening fluid must 
serve to isolate the cooling water from the process fluid and must not 
be sent through a cooling tower or discharged. For purposes of this 
section, discharge does not include emptying for maintenance purposes.
    (c) The owner or operator must perform monitoring to identify leaks 
of total strippable volatile organic compounds (VOC) from each heat 
exchange system subject to the requirements of this subpart according to 
the procedures in paragraphs (c)(1) through (6) of this section.
    (1) Monitoring locations for closed-loop recirculation heat exchange 
systems. For each closed loop recirculating heat exchange system, 
collect and analyze a sample from the location(s) described in either 
paragraph (c)(1)(i) or (c)(1)(ii) of this section.
    (i) Each cooling tower return line or any representative riser 
within the cooling tower prior to exposure to air for each heat exchange 
system.
    (ii) Selected heat exchanger exit line(s) so that each heat 
exchanger or group of heat exchangers within a heat exchange system is 
covered by the selected monitoring location(s).
    (2) Monitoring locations for once-through heat exchange systems. For 
each once-through heat exchange system, collect and analyze a sample 
from the location(s) described in paragraph (c)(2)(i) of this section. 
The owner or operator may also elect to collect and analyze an 
additional sample from the location(s) described in paragraph (c)(2)(ii) 
of this section.
    (i) Selected heat exchanger exit line(s) so that each heat exchanger 
or group of heat exchangers within a heat exchange system is covered by 
the selected monitoring location(s). The selected monitoring location 
may be at a point where discharges from multiple heat exchange systems 
are combined provided that the combined cooling water flow rate at the 
monitoring location does not exceed 40,000 gallons per minute.
    (ii) The inlet water feed line for a once-through heat exchange 
system prior to any heat exchanger. If multiple heat exchange systems 
use the same water feed (i.e., inlet water from the same primary water 
source), the owner or operator may monitor at one representative 
location and use the monitoring results for that sampling location for 
all heat exchange systems that use that same water feed.
    (3) Monitoring method. Determine the total strippable hydrocarbon 
concentration (in parts per million by volume (ppmv) as methane) at each 
monitoring location using the ``Air Stripping Method (Modified El Paso 
Method) for Determination of Volatile Organic Compound Emissions from 
Water Sources'' Revision Number One, dated January 2003, Sampling 
Procedures Manual, Appendix P: Cooling Tower Monitoring, prepared by 
Texas Commission on Environmental Quality, January 31, 2003 
(incorporated by reference--see Sec.  63.14) using a flame ionization 
detector (FID) analyzer for on-site determination as described in 
Section 6.1 of the Modified El Paso Method.
    (4) Monitoring frequency and leak action level for existing sources. 
For a heat exchange system at an existing source, the owner or operator 
must comply with the monitoring frequency and

[[Page 102]]

leak action level as defined in paragraph (c)(4)(i) of this section or 
comply with the monitoring frequency and leak action level as defined in 
paragraph (c)(4)(ii) of this section. The owner or operator of an 
affected heat exchange system may choose to comply with paragraph 
(c)(4)(i) of this section for some heat exchange systems at the 
petroleum refinery and comply with paragraph (c)(4)(ii) of this section 
for other heat exchange systems. However, for each affected heat 
exchange system, the owner or operator of an affected heat exchange 
system must elect one monitoring alternative that will apply at all 
times. If the owner or operator intends to change the monitoring 
alternative that applies to a heat exchange system, the owner or 
operator must notify the Administrator 30 days in advance of such a 
change. All ``leaks'' identified prior to changing monitoring 
alternatives must be repaired. The monitoring frequencies specified in 
paragraphs (c)(4)(i) and (ii) of this section also apply to the inlet 
water feed line for a once-through heat exchange system, if monitoring 
of the inlet water feed is elected as provided in paragraph (c)(2)(ii) 
of this section.
    (i) Monitor monthly using a leak action level defined as a total 
strippable hydrocarbon concentration (as methane) in the stripping gas 
of 6.2 ppmv.
    (ii) Monitor quarterly using a leak action level defined as a total 
strippable hydrocarbon concentration (as methane) in the stripping gas 
of 3.1 ppmv unless repair is delayed as provided in paragraph (f) of 
this section. If a repair is delayed as provided in paragraph (f) of 
this section, monitor monthly.
    (5) Monitoring frequency and leak action level for new sources. For 
a heat exchange system at a new source, the owner or operator must 
monitor monthly using a leak action level defined as a total strippable 
hydrocarbon concentration (as methane) in the stripping gas of 3.1 ppmv.
    (6) Leak definition. A leak is defined as described in paragraph 
(c)(6)(i) or (c)(6)(ii) of this section, as applicable.
    (i) For once-through heat exchange systems for which the inlet water 
feed is monitored as described in paragraph (c)(2)(ii) of this section, 
a leak is detected if the difference in the measurement value of the 
sample taken from a location specified in paragraph (c)(2)(i) of this 
section and the measurement value of the corresponding sample taken from 
the location specified in paragraph (c)(2)(ii) of this section equals or 
exceeds the leak action level.
    (ii) For all other heat exchange systems, a leak is detected if a 
measurement value of the sample taken from a location specified in 
either paragraph (c)(1)(i), (c)(1)(ii), or (c)(2)(i) of this section 
equals or exceeds the leak action level.
    (d) If a leak is detected, the owner or operator must repair the 
leak to reduce the measured concentration to below the applicable action 
level as soon as practicable, but no later than 45 days after 
identifying the leak, except as specified in paragraphs (e) and (f) of 
this section. Repair includes re-monitoring at the monitoring location 
where the leak was identified according to the method specified in 
paragraph (c)(3) of this section to verify that the measured 
concentration is below the applicable action level. Actions that can be 
taken to achieve repair include but are not limited to:
    (1) Physical modifications to the leaking heat exchanger, such as 
welding the leak or replacing a tube;
    (2) Blocking the leaking tube within the heat exchanger;
    (3) Changing the pressure so that water flows into the process 
fluid;
    (4) Replacing the heat exchanger or heat exchanger bundle; or
    (5) Isolating, bypassing, or otherwise removing the leaking heat 
exchanger from service until it is otherwise repaired.
    (e) If the owner or operator detects a leak when monitoring a 
cooling tower return line under paragraph (c)(1)(i) of this section, the 
owner or operator may conduct additional monitoring of each heat 
exchanger or group of heat exchangers associated with the heat exchange 
system for which the leak was detected as provided under paragraph 
(c)(1)(ii) of this section. If no leaks are detected when monitoring 
according to the requirements of paragraph (c)(1)(ii) of this section, 
the heat exchange system is considered to meet the repair requirements 
through re-

[[Page 103]]

monitoring of the heat exchange system as provided in paragraph (d) of 
this section.
    (f) The owner or operator may delay the repair of a leaking heat 
exchanger when one of the conditions in paragraph (f)(1) or (f)(2) of 
this section is met and the leak is less than the delay of repair action 
level specified in paragraph (f)(3) of this section. The owner or 
operator must determine if a delay of repair is necessary as soon as 
practicable, but no later than 45 days after first identifying the leak.
    (1) If the repair is technically infeasible without a shutdown and 
the total strippable hydrocarbon concentration is initially and remains 
less than the delay of repair action level for all monthly monitoring 
periods during the delay of repair, the owner or operator may delay 
repair until the next scheduled shutdown of the heat exchange system. 
If, during subsequent monthly monitoring, the delay of repair action 
level is exceeded, the owner or operator must repair the leak within 30 
days of the monitoring event in which the leak was equal to or exceeded 
the delay of repair action level.
    (2) If the necessary equipment, parts, or personnel are not 
available and the total strippable hydrocarbon concentration is 
initially and remains less than the delay of repair action level for all 
monthly monitoring periods during the delay of repair, the owner or 
operator may delay the repair for a maximum of 120 calendar days. The 
owner or operator must demonstrate that the necessary equipment, parts, 
or personnel were not available. If, during subsequent monthly 
monitoring, the delay of repair action level is exceeded, the owner or 
operator must repair the leak within 30 days of the monitoring event in 
which the leak was equal to or exceeded the delay of repair action 
level.
    (3) The delay of repair action level is a total strippable 
hydrocarbon concentration (as methane) in the stripping gas of 62 ppmv. 
The delay of repair action level is assessed as described in paragraph 
(f)(3)(i) or (f)(3)(ii) of this section, as applicable.
    (i) For once-through heat exchange systems for which the inlet water 
feed is monitored as described in paragraph (c)(2)(ii) of this section, 
the delay of repair action level is exceeded if the difference in the 
measurement value of the sample taken from a location specified in 
paragraph (c)(2)(i) of this section and the measurement value of the 
corresponding sample taken from the location specified in paragraph 
(c)(2)(ii) of this section equals or exceeds the delay of repair action 
level.
    (ii) For all other heat exchange systems, the delay of repair action 
level is exceeded if a measurement value of the sample taken from a 
location specified in either paragraphs (c)(1)(i), (c)(1)(ii), or 
(c)(2)(i) of this section equals or exceeds the delay of repair action 
level.
    (g) To delay the repair under paragraph (f) of this section, the 
owner or operator must record the information in paragraphs (g)(1) 
through (4) of this section.
    (1) The reason(s) for delaying repair.
    (2) A schedule for completing the repair as soon as practical.
    (3) The date and concentration of the leak as first identified and 
the results of all subsequent monthly monitoring events during the delay 
of repair.
    (4) An estimate of the potential strippable hydrocarbon emissions 
from the leaking heat exchange system or heat exchanger for each 
required delay of repair monitoring interval following the procedures in 
paragraphs (g)(4)(i) through (iv) of this section.
    (i) Determine the leak concentration as specified in paragraph (c) 
of this section and convert the stripping gas leak concentration (in 
ppmv as methane) to an equivalent liquid concentration, in parts per 
million by weight (ppmw), using equation 7-1 from ``Air Stripping Method 
(Modified El Paso Method) for Determination of Volatile Organic Compound 
Emissions from Water Sources'' Revision Number One, dated January 2003, 
Sampling Procedures Manual, Appendix P: Cooling Tower Monitoring, 
prepared by Texas Commission on Environmental Quality, January 31, 2003 
(incorporated by reference--see Sec.  63.14) and the molecular weight of 
16 grams per mole (g/mol) for methane.
    (ii) Determine the mass flow rate of the cooling water at the 
monitoring location where the leak was detected. If

[[Page 104]]

the monitoring location is an individual cooling tower riser, determine 
the total cooling water mass flow rate to the cooling tower. Cooling 
water mass flow rates may be determined using direct measurement, pump 
curves, heat balance calculations, or other engineering methods. 
Volumetric flow measurements may be used and converted to mass flow 
rates using the density of water at the specific monitoring location 
temperature or using the default density of water at 25 degrees Celsius, 
which is 997 kilograms per cubic meter or 8.32 pounds per gallon.
    (iii) For delay of repair monitoring intervals prior to repair of 
the leak, calculate the potential strippable hydrocarbon emissions for 
the leaking heat exchange system or heat exchanger for the monitoring 
interval by multiplying the leak concentration in the cooling water, 
ppmw, determined in (g)(4)(i) of this section, by the mass flow rate of 
the cooling water determined in (g)(4)(ii) of this section and by the 
duration of the delay of repair monitoring interval. The duration of the 
delay of repair monitoring interval is the time period starting at 
midnight on the day of the previous monitoring event or at midnight on 
the day the repair would have had to be completed if the repair had not 
been delayed, whichever is later, and ending at midnight of the day the 
of the current monitoring event.
    (iv) For delay of repair monitoring intervals ending with a repaired 
leak, calculate the potential strippable hydrocarbon emissions for the 
leaking heat exchange system or heat exchanger for the final delay of 
repair monitoring interval by multiplying the duration of the final 
delay of repair monitoring interval by the leak concentration and 
cooling water flow rates determined for the last monitoring event prior 
to the re-monitoring event used to verify the leak was repaired. The 
duration of the final delay of repair monitoring interval is the time 
period starting at midnight of the day of the last monitoring event 
prior to re-monitoring to verify the leak was repaired and ending at the 
time of the re-monitoring event that verified that the leak was 
repaired.

[74 FR 55686, Oct. 28, 2009, as amended at 75 FR 37731, June 30, 2010; 
78 FR 37146, June 20, 2013]



Sec.  63.655  Reporting and recordkeeping requirements.

    (a) Each owner or operator subject to the wastewater provisions in 
Sec.  63.647 shall comply with the recordkeeping and reporting 
provisions in Sec. Sec.  61.356 and 61.357 of 40 CFR part 61, subpart FF 
unless they are complying with the wastewater provisions specified in 
paragraph (o)(2)(ii) of Sec.  63.640. There are no additional reporting 
and recordkeeping requirements for wastewater under this subpart unless 
a wastewater stream is included in an emissions average. Recordkeeping 
and reporting for emissions averages are specified in Sec.  63.653 and 
in paragraphs (f)(5) and (g)(8) of this section.
    (b) Each owner or operator subject to the gasoline loading rack 
provisions in Sec.  63.650 shall comply with the recordkeeping and 
reporting provisions in Sec.  63.428 (b) and (c), (g)(1), (h)(1) through 
(h)(3), and (k) of subpart R. These requirements are summarized in table 
4 of this subpart. There are no additional reporting and recordkeeping 
requirements for gasoline loading racks under this subpart unless a 
loading rack is included in an emissions average. Recordkeeping and 
reporting for emissions averages are specified in Sec.  63.653 and in 
paragraphs (f)(5) and (g)(8) of this section.
    (c) Each owner or operator subject to the marine tank vessel loading 
operation standards in Sec.  63.651 shall comply with the recordkeeping 
and reporting provisions in Sec. Sec.  63.567(a) and 63.567(c) through 
(k) of subpart Y. These requirements are summarized in table 5 of this 
subpart. There are no additional reporting and recordkeeping 
requirements for marine tank vessel loading operations under this 
subpart unless marine tank vessel loading operations are included in an 
emissions average. Recordkeeping and reporting for emissions averages 
are specified in Sec.  63.653 and in paragraphs (f)(5) and (g)(8) of 
this section.
    (d) Each owner or operator subject to the equipment leaks standards 
in

[[Page 105]]

Sec.  63.648 shall comply with the recordkeeping and reporting 
provisions in paragraphs (d)(1) through (d)(6) of this section.
    (1) Sections 60.486 and 60.487 of subpart VV of part 60 except as 
specified in paragraph (d)(1)(i) of this section; or Sec. Sec.  63.181 
and 63.182 of subpart H of this part except for Sec. Sec.  63.182(b), 
(c)(2), and (c)(4).
    (i) The signature of the owner or operator (or designate) whose 
decision it was that a repair could not be effected without a process 
shutdown is not required to be recorded. Instead, the name of the person 
whose decision it was that a repair could not be effected without a 
process shutdown shall be recorded and retained for 2 years.
    (ii) [Reserved]
    (2) The Notification of Compliance Status report required by Sec.  
63.182(c) of subpart H and the initial semiannual report required by 
Sec.  60.487(b) of 40 CFR part 60, subpart VV shall be submitted within 
150 days of the compliance date specified in Sec.  63.640(h); the 
requirements of subpart H of this part are summarized in table 3 of this 
subpart.
    (3) An owner or operator who determines that a compressor qualifies 
for the hydrogen service exemption in Sec.  63.648 shall also keep a 
record of the demonstration required by Sec.  63.648.
    (4) An owner or operator must keep a list of identification numbers 
for valves that are designated as leakless per Sec.  63.648(c)(10).
    (5) An owner or operator must identify, either by list or location 
(area or refining process unit), equipment in organic HAP service less 
than 300 hours per year within refining process units subject to this 
subpart.
    (6) An owner or operator must keep a list of reciprocating pumps and 
compressors determined to be exempt from seal requirements as per 
Sec. Sec.  63.648 (f) and (i).
    (e) Each owner or operator of a source subject to this subpart shall 
submit the reports listed in paragraphs (e)(1) through (e)(3) of this 
section except as provided in paragraph (h)(5) of this section, and 
shall keep records as described in paragraph (i) of this section.
    (1) A Notification of Compliance Status report as described in 
paragraph (f) of this section;
    (2) Periodic Reports as described in paragraph (g) of this section; 
and
    (3) Other reports as described in paragraph (h) of this section.
    (f) Each owner or operator of a source subject to this subpart shall 
submit a Notification of Compliance Status report within 150 days after 
the compliance dates specified in Sec.  63.640(h) with the exception of 
Notification of Compliance Status reports submitted to comply with Sec.  
63.640(l)(3) and for storage vessels subject to the compliance schedule 
specified in Sec.  63.640(h)(2). Notification of Compliance Status 
reports required by Sec.  63.640(l)(3) and for storage vessels subject 
to the compliance dates specified in Sec.  63.640(h)(2) shall be 
submitted according to paragraph (f)(6) of this section. This 
information may be submitted in an operating permit application, in an 
amendment to an operating permit application, in a separate submittal, 
or in any combination of the three. If the required information has been 
submitted before the date 150 days after the compliance date specified 
in Sec.  63.640(h), a separate Notification of Compliance Status report 
is not required within 150 days after the compliance dates specified in 
Sec.  63.640(h). If an owner or operator submits the information 
specified in paragraphs (f)(1) through (5) of this section at different 
times, and/or in different submittals, later submittals may refer to 
earlier submittals instead of duplicating and resubmitting the 
previously submitted information. Each owner or operator of a gasoline 
loading rack classified under Standard Industrial Classification Code 
2911 located within a contiguous area and under common control with a 
petroleum refinery subject to the standards of this subpart shall submit 
the Notification of Compliance Status report required by subpart R of 
this part within 150 days after the compliance dates specified in Sec.  
63.640(h).
    (1) The Notification of Compliance Status report shall include the 
information specified in paragraphs (f)(1)(i) through (viii) of this 
section.
    (i) For storage vessels, this report shall include the information 
specified

[[Page 106]]

in paragraphs (f)(1)(i)(A) through (f)(1)(i)(D) of this section.
    (A) Identification of each storage vessel subject to this subpart, 
and for each Group 1 storage vessel subject to this subpart, the 
information specified in paragraphs (f)(1)(i)(A)(1) through (3) of this 
section. This information is to be revised each time a Notification of 
Compliance Status report is submitted for a storage vessel subject to 
the compliance schedule specified in Sec.  63.640(h)(2) or to comply 
with Sec.  63.640(l)(3).
    (1) For each Group 1 storage vessel complying with Sec.  63.646 that 
is not included in an emissions average, the method of compliance (i.e., 
internal floating roof, external floating roof, or closed vent system 
and control device).
    (2) For storage vessels subject to the compliance schedule specified 
in Sec.  63.640(h)(2) that are not complying with Sec.  63.646, the 
anticipated compliance date.
    (3) For storage vessels subject to the compliance schedule specified 
in Sec.  63.640(h)(2) that are complying with Sec.  63.646 and the Group 
1 storage vessels described in Sec.  63.640(l), the actual compliance 
date.
    (B) If a closed vent system and a control device other than a flare 
is used to comply with Sec.  63.646 or Sec.  63.660, the owner or 
operator shall submit:
    (1) A description of the parameter or parameters to be monitored to 
ensure that the control device is being properly operated and 
maintained, an explanation of the criteria used for selection of that 
parameter (or parameters), and the frequency with which monitoring will 
be performed; and either
    (2) The design evaluation documentation specified in Sec.  
63.120(d)(1)(i) of subpart G or Sec.  63.985(b)(1)(i) of subpart SS (as 
applicable), if the owner or operator elects to prepare a design 
evaluation; or
    (3) If the owner or operator elects to submit the results of a 
performance test, identification of the storage vessel and control 
device for which the performance test will be submitted, and 
identification of the emission point(s) that share the control device 
with the storage vessel and for which the performance test will be 
conducted.
    (C) If a closed vent system and control device other than a flare is 
used, the owner or operator shall submit:
    (1) The operating range for each monitoring parameter. The specified 
operating range shall represent the conditions for which the control 
device is being properly operated and maintained.
    (2) If a performance test is conducted instead of a design 
evaluation, results of the performance test demonstrating that the 
control device achieves greater than or equal to the required control 
efficiency. A performance test conducted prior to the compliance date of 
this subpart can be used to comply with this requirement, provided that 
the test was conducted using EPA methods and that the test conditions 
are representative of current operating practices.
    (D) If a closed vent system and a flare is used, the owner or 
operator shall submit:
    (1) Flare design (e.g., steam-assisted, air-assisted, or 
nonassisted);
    (2) All visible emission readings, heat content determinations, flow 
rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec.  63.120(e) of subpart G or 
Sec.  63.987(b) of subpart SS or Sec.  63.670(h), as applicable; and
    (3) All periods during the compliance determination when the pilot 
flame is absent.
    (ii) For miscellaneous process vents, identification of each 
miscellaneous process vent subject to this subpart, whether the process 
vent is Group 1 or Group 2, and the method of compliance for each Group 
1 miscellaneous process vent that is not included in an emissions 
average (e.g., use of a flare or other control device meeting the 
requirements of Sec.  63.643(a)).
    (iii) For miscellaneous process vents controlled by control devices 
required to be tested under Sec.  63.645 of this subpart and Sec.  
63.116(c) of subpart G of this part, performance test results including 
the information in paragraphs (f)(1)(iii)(A) and (B) of this section. 
Results of a performance test conducted prior to the compliance date of 
this subpart can be used provided that the test was conducted using the 
methods specified in Sec.  63.645 and that the test

[[Page 107]]

conditions are representative of current operating conditions.
    (A) The percentage of reduction of organic HAP's or TOC, or the 
outlet concentration of organic HAP's or TOC (parts per million by 
volume on a dry basis corrected to 3 percent oxygen), determined as 
specified in Sec.  63.116(c) of subpart G of this part; and
    (B) The value of the monitored parameters specified in table 10 of 
this subpart, or a site-specific parameter approved by the permitting 
authority, averaged over the full period of the performance test,
    (iv) For miscellaneous process vents controlled by flares, initial 
compliance test results including the information in paragraphs 
(f)(1)(iv)(A) and (B) of this section.
    (A) All visible emission readings, heat content determinations, flow 
rate measurements, and exit velocity determinations made during the 
compliance determination required by Sec. Sec.  63.645 and 63.116(a) of 
subpart G or Sec.  63.670(h), as applicable; and
    (B) A statement of whether a flame was present at the pilot light 
over the full period of the compliance determination.
    (v) For equipment leaks complying with Sec.  63.648(c) (i.e., 
complying with the requirements of subpart H of this part), the 
Notification of Compliance Report Status report information required by 
Sec.  63.182(c) of subpart H and whether the percentage of leaking 
valves will be reported on a process unit basis or a sourcewide basis.
    (vi) For each heat exchange system, identification of the heat 
exchange systems that are subject to the requirements of this subpart. 
For heat exchange systems at existing sources, the owner or operator 
shall indicate whether monitoring will be conducted as specified in 
Sec.  63.654(c)(4)(i) or Sec.  63.654(c)(4)(ii).
    (vii) For pressure relief devices in organic HAP service subject to 
the requirements in Sec.  63.648(j)(3)(i) and (ii), this report shall 
include the information specified in paragraphs (f)(1)(vii)(A) and (B) 
of this section.
    (A) A description of the monitoring system to be implemented, 
including the relief devices and process parameters to be monitored, and 
a description of the alarms or other methods by which operators will be 
notified of a pressure release.
    (B) A description of the prevention measures to be implemented for 
each affected pressure relief device.
    (viii) For each delayed coking unit, identification of whether the 
unit is an existing affected source or a new affected source and whether 
monitoring will be conducted as specified in Sec.  63.657(b) or (c).
    (2) If initial performance tests are required by Sec. Sec.  63.643 
through 63.653, the Notification of Compliance Status report shall 
include one complete test report for each test method used for a 
particular source. On and after February 1, 2016, performance tests 
shall be submitted according to paragraph (h)(9) of this section.
    (i) For additional tests performed using the same method, the 
results specified in paragraph (f)(1) of this section shall be 
submitted, but a complete test report is not required.
    (ii) A complete test report shall include a sampling site 
description, description of sampling and analysis procedures and any 
modifications to standard procedures, quality assurance procedures, 
record of operating conditions during the test, record of preparation of 
standards, record of calibrations, raw data sheets for field sampling, 
raw data sheets for field and laboratory analyses, documentation of 
calculations, and any other information required by the test method.
    (iii) Performance tests are required only if specified by Sec. Sec.  
63.643 through 63.653 of this subpart. Initial performance tests are 
required for some kinds of emission points and controls. Periodic 
testing of the same emission point is not required.
    (3) For each monitored parameter for which a range is required to be 
established under Sec.  63.120(d) of subpart G or Sec.  63.985(b) of 
subpart SS for storage vessels or Sec.  63.644 for miscellaneous process 
vents, the Notification of Compliance Status report shall include the 
information in paragraphs (f)(3)(i) through (iii) of this section.
    (i) The specific range of the monitored parameter(s) for each 
emission point;

[[Page 108]]

    (ii) The rationale for the specific range for each parameter for 
each emission point, including any data and calculations used to develop 
the range and a description of why the range ensures compliance with the 
emission standard.
    (A) If a performance test is required by this subpart for a control 
device, the range shall be based on the parameter values measured during 
the performance test supplemented by engineering assessments and 
manufacturer's recommendations. Performance testing is not required to 
be conducted over the entire range of permitted parameter values.
    (B) If a performance test is not required by this subpart for a 
control device, the range may be based solely on engineering assessments 
and manufacturers' recommendations.
    (iii) A definition of the source's operating day for purposes of 
determining daily average values of monitored parameters. The definition 
shall specify the times at which an operating day begins and ends.
    (4) Results of any continuous monitoring system performance 
evaluations shall be included in the Notification of Compliance Status 
report.
    (5) For emission points included in an emissions average, the 
Notification of Compliance Status report shall include the values of the 
parameters needed for input to the emission credit and debit equations 
in Sec.  63.652(g) and (h), calculated or measured according to the 
procedures in Sec.  63.652(g) and (h), and the resulting credits and 
debits for the first quarter of the year. The first quarter begins on 
the compliance date specified in Sec.  63.640.
    (6) Notification of Compliance Status reports required by Sec.  
63.640(l)(3) and for storage vessels subject to the compliance dates 
specified in Sec.  63.640(h)(2) shall be submitted no later than 60 days 
after the end of the 6-month period during which the change or addition 
was made that resulted in the Group 1 emission point or the existing 
Group 1 storage vessel was brought into compliance, and may be combined 
with the periodic report. Six-month periods shall be the same 6-month 
periods specified in paragraph (g) of this section. The Notification of 
Compliance Status report shall include the information specified in 
paragraphs (f)(1) through (f)(5) of this section. This information may 
be submitted in an operating permit application, in an amendment to an 
operating permit application, in a separate submittal, as part of the 
periodic report, or in any combination of these four. If the required 
information has been submitted before the date 60 days after the end of 
the 6-month period in which the addition of the Group 1 emission point 
took place, a separate Notification of Compliance Status report is not 
required within 60 days after the end of the 6-month period. If an owner 
or operator submits the information specified in paragraphs (f)(1) 
through (f)(5) of this section at different times, and/or in different 
submittals, later submittals may refer to earlier submittals instead of 
duplicating and resubmitting the previously submitted information.
    (g) The owner or operator of a source subject to this subpart shall 
submit Periodic Reports no later than 60 days after the end of each 6-
month period when any of the information specified in paragraphs (g)(1) 
through (7) of this section or paragraphs (g)(9) through (14) of this 
section is collected. The first 6-month period shall begin on the date 
the Notification of Compliance Status report is required to be 
submitted. A Periodic Report is not required if none of the events 
identified in paragraphs (g)(1) through (7) of this section or 
paragraphs (g)(9) through (14) of this section occurred during the 6-
month period unless emissions averaging is utilized. Quarterly reports 
must be submitted for emission points included in emission averages, as 
provided in paragraph (g)(8) of this section. An owner or operator may 
submit reports required by other regulations in place of or as part of 
the Periodic Report required by this paragraph (g) if the reports 
contain the information required by paragraphs (g)(1) through (14) of 
this section.
    (1) For storage vessels, Periodic Reports shall include the 
information specified for Periodic Reports in paragraphs (g)(2) through 
(5) of this section. Information related to gaskets, slotted membranes, 
and sleeve seals is not required for storage vessels that are part

[[Page 109]]

of an existing source complying with Sec.  63.646.
    (2) Internal floating roofs. (i) An owner or operator who elects to 
comply with Sec.  63.646 by using a fixed roof and an internal floating 
roof or by using an external floating roof converted to an internal 
floating roof shall submit the results of each inspection conducted in 
accordance with Sec.  63.120(a) of subpart G in which a failure is 
detected in the control equipment.
    (A) For vessels for which annual inspections are required under 
Sec.  63.120(a)(2)(i) or (a)(3)(ii) of subpart G, the specifications and 
requirements listed in paragraphs (g)(2)(i)(A)(1) through (3) of this 
section apply.
    (1) A failure is defined as any time in which the internal floating 
roof is not resting on the surface of the liquid inside the storage 
vessel and is not resting on the leg supports; or there is liquid on the 
floating roof; or the seal is detached from the internal floating roof; 
or there are holes, tears, or other openings in the seal or seal fabric; 
or there are visible gaps between the seal and the wall of the storage 
vessel.
    (2) Except as provided in paragraph (g)(2)(i)(A)(3) of this section, 
each Periodic Report shall include the date of the inspection, 
identification of each storage vessel in which a failure was detected, 
and a description of the failure. The Periodic Report shall also 
describe the nature of and date the repair was made or the date the 
storage vessel was emptied.
    (3) If an extension is utilized in accordance with Sec.  
63.120(a)(4) of subpart G, the owner or operator shall, in the next 
Periodic Report, identify the vessel; include the documentation 
specified in Sec.  63.120(a)(4) of subpart G; and describe the date the 
storage vessel was emptied and the nature of and date the repair was 
made.
    (B) For vessels for which inspections are required under Sec.  
63.120(a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of subpart G (i.e., internal 
inspections), the specifications and requirements listed in paragraphs 
(g)(2)(i)(B)(1) and (2) of this section apply.
    (1) A failure is defined as any time in which the internal floating 
roof has defects; or the primary seal has holes, tears, or other 
openings in the seal or the seal fabric; or the secondary seal (if one 
has been installed) has holes, tears, or other openings in the seal or 
the seal fabric; or, for a storage vessel that is part of a new source, 
the gaskets no longer close off the liquid surface from the atmosphere; 
or, for a storage vessel that is part of a new source, the slotted 
membrane has more than a 10 percent open.
    (2) Each Periodic Report shall include the date of the inspection, 
identification of each storage vessel in which a failure was detected, 
and a description of the failure. The Periodic Report shall also 
describe the nature of and date the repair was made.
    (ii) An owner or operator who elects to comply with Sec.  63.660 by 
using a fixed roof and an internal floating roof shall submit the 
results of each inspection conducted in accordance with Sec.  
63.1063(c)(1), (d)(1), and (d)(2) of subpart WW in which a failure is 
detected in the control equipment. For vessels for which inspections are 
required under Sec.  63.1063(c) and (d), the specifications and 
requirements listed in paragraphs (g)(2)(ii)(A) through (C) of this 
section apply.
    (A) A failure is defined in Sec.  63.1063(d)(1) of subpart WW.
    (B) Each Periodic Report shall include a copy of the inspection 
record required by Sec.  63.1065(b) of subpart WW when a failure occurs.
    (C) An owner or operator who elects to use an extension in 
accordance with Sec.  63.1063(e)(2) of subpart WW shall, in the next 
Periodic Report, submit the documentation required by Sec.  
63.1063(e)(2).
    (3) External floating roofs. (i) An owner or operator who elects to 
comply with Sec.  63.646 by using an external floating roof shall meet 
the periodic reporting requirements specified in paragraphs (g)(3)(i)(A) 
through (C) of this section.
    (A) The owner or operator shall submit, as part of the Periodic 
Report, documentation of the results of each seal gap measurement made 
in accordance with Sec.  63.120(b) of subpart G in which the seal and 
seal gap requirements of Sec.  63.120(b)(3), (4), (5), or (6) of subpart 
G are not met. This documentation shall include the information 
specified in paragraphs

[[Page 110]]

(g)(3)(i)(A)(1) through (4) of this section.
    (1) The date of the seal gap measurement.
    (2) The raw data obtained in the seal gap measurement and the 
calculations described in Sec.  63.120(b)(3) and (4) of subpart G.
    (3) A description of any seal condition specified in Sec.  
63.120(b)(5) or (6) of subpart G that is not met.
    (4) A description of the nature of and date the repair was made, or 
the date the storage vessel was emptied.
    (B) If an extension is utilized in accordance with Sec.  
63.120(b)(7)(ii) or (b)(8) of subpart G, the owner or operator shall, in 
the next Periodic Report, identify the vessel; include the documentation 
specified in Sec.  63.120(b)(7)(ii) or (b)(8) of subpart G, as 
applicable; and describe the date the vessel was emptied and the nature 
of and date the repair was made.
    (C) The owner or operator shall submit, as part of the Periodic 
Report, documentation of any failures that are identified during visual 
inspections required by Sec.  63.120(b)(10) of subpart G. This 
documentation shall meet the specifications and requirements in 
paragraphs (g)(3)(i)(C)(1) and (2) of this section.
    (1) A failure is defined as any time in which the external floating 
roof has defects; or the primary seal has holes or other openings in the 
seal or the seal fabric; or the secondary seal has holes, tears, or 
other openings in the seal or the seal fabric; or, for a storage vessel 
that is part of a new source, the gaskets no longer close off the liquid 
surface from the atmosphere; or, for a storage vessel that is part of a 
new source, the slotted membrane has more than 10 percent open area.
    (2) Each Periodic Report shall include the date of the inspection, 
identification of each storage vessel in which a failure was detected, 
and a description of the failure. The Periodic Report shall also 
describe the nature of and date the repair was made.
    (ii) An owner or operator who elects to comply with Sec.  63.660 by 
using an external floating roof shall meet the periodic reporting 
requirements specified in paragraphs (g)(3)(ii)(A) and (B) of this 
section.
    (A) For vessels for which inspections are required under Sec.  
63.1063(c)(2), (d)(1), and (d)(3) of subpart WW, the owner or operator 
shall submit, as part of the Periodic Report, a copy of the inspection 
record required by Sec.  63.1065(b) of subpart WW when a failure occurs. 
A failure is defined in Sec.  63.1063(d)(1).
    (B) An owner or operator who elects to use an extension in 
accordance with Sec.  63.1063(e)(2) or (c)(2)(iv)(B) of subpart WW 
shall, in the next Periodic Report, submit the documentation required by 
those paragraphs.
    (4) [Reserved]
    (5) An owner or operator who elects to comply with Sec.  63.646 or 
Sec.  63.660 by installing a closed vent system and control device shall 
submit, as part of the next Periodic Report, the information specified 
in paragraphs (g)(5)(i) through (v) of this section, as applicable.
    (i) The Periodic Report shall include the information specified in 
paragraphs (g)(5)(i)(A) and (B) of this section for those planned 
routine maintenance operations that would require the control device not 
to meet the requirements of either Sec.  63.119(e)(1) or (2) of subpart 
G, Sec.  63.985(a) and (b) of subpart SS, or Sec.  63.670, as 
applicable.
    (A) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6 
months. This description shall include the type of maintenance 
necessary, planned frequency of maintenance, and lengths of maintenance 
periods.
    (B) A description of the planned routine maintenance that was 
performed for the control device during the previous 6 months. This 
description shall include the type of maintenance performed and the 
total number of hours during those 6 months that the control device did 
not meet the requirements of either Sec.  63.119(e)(1) or (2) of subpart 
G, Sec.  63.985(a) and (b) of subpart SS, or Sec.  63.670, as 
applicable, due to planned routine maintenance.
    (ii) If a control device other than a flare is used, the Periodic 
Report shall describe each occurrence when the monitored parameters were 
outside of the parameter ranges documented in the Notification of 
Compliance Status report. The description shall include: Identification 
of the control device for

[[Page 111]]

which the measured parameters were outside of the established ranges, 
and causes for the measured parameters to be outside of the established 
ranges.
    (iii) If a flare is used prior to January 30, 2019 and prior to 
electing to comply with the requirements in Sec.  63.670, the Periodic 
Report shall describe each occurrence when the flare does not meet the 
general control device requirements specified in Sec.  63.11(b) of 
subpart A and shall include: Identification of the flare that does not 
meet the general requirements specified in Sec.  63.11(b) of subpart A, 
and reasons the flare did not meet the general requirements specified in 
Sec.  63.11(b) of subpart A.
    (iv) If a flare is used on or after the date for which compliance 
with the requirements in Sec.  63.670 is elected, which can be no later 
than January 30, 2019, the Periodic Report shall include the items 
specified in paragraph (g)(11) of this section.
    (v) An owner or operator who elects to comply with Sec.  63.660 by 
installing an alternate control device as described in Sec.  63.1064 of 
subpart WW shall submit, as part of the next Periodic Report, a written 
application as described in Sec.  63.1066(b)(3) of subpart WW.
    (6) For miscellaneous process vents for which continuous parameter 
monitors are required by this subpart, periods of excess emissions shall 
be identified in the Periodic Reports and shall be used to determine 
compliance with the emission standards.
    (i) Period of excess emission means any of the following conditions:
    (A) An operating day when the daily average value of a monitored 
parameter, except presence of a flare pilot flame, is outside the range 
specified in the Notification of Compliance Status report. Monitoring 
data recorded during periods of monitoring system breakdown, repairs, 
calibration checks and zero (low-level) and high-level adjustments shall 
not be used in computing daily average values of monitored parameters.
    (B) An operating day when all pilot flames of a flare are absent.
    (C) An operating day when monitoring data required to be recorded in 
paragraphs (i)(3) (i) and (ii) of this section are available for less 
than 75 percent of the operating hours.
    (D) For data compression systems under paragraph (h)(5)(iii) of this 
section, an operating day when the monitor operated for less than 75 
percent of the operating hours or a day when less than 18 monitoring 
values were recorded.
    (ii) For miscellaneous process vents, excess emissions shall be 
reported for the operating parameters specified in table 10 of this 
subpart unless other site-specific parameter(s) have been approved by 
the operating permit authority.
    (iii) For periods in closed vent systems when a Group 1 
miscellaneous process vent stream was detected in the bypass line or 
diverted from the control device and either directly to the atmosphere 
or to a control device that does not comply with the requirements in 
Sec.  63.643(a), report the date, time, duration, estimate of the volume 
of gas, the concentration of organic HAP in the gas and the resulting 
mass emissions of organic HAP that bypassed the control device. For 
periods when the flow indicator is not operating, report the date, time, 
and duration.
    (7) If a performance test for determination of compliance for a new 
emission point subject to this subpart or for an emission point that has 
changed from Group 2 to Group 1 is conducted during the period covered 
by a Periodic Report, the results of the performance test shall be 
included in the Periodic Report.
    (i) Results of the performance test shall include the identification 
of the source tested, the date of the test, the percentage of emissions 
reduction or outlet pollutant concentration reduction (whichever is 
needed to determine compliance) for each run and for the average of all 
runs, and the values of the monitored operating parameters.
    (ii) The complete test report shall be maintained onsite.
    (8) The owner or operator of a source shall submit quarterly reports 
for all emission points included in an emissions average.
    (i) The quarterly reports shall be submitted no later than 60 
calendar days after the end of each quarter. The first report shall be 
submitted with the Notification of Compliance Status report

[[Page 112]]

no later than 150 days after the compliance date specified in Sec.  
63.640.
    (ii) The quarterly reports shall include:
    (A) The information specified in this paragraph and in paragraphs 
(g)(2) through (g)(7) of this section for all storage vessels and 
miscellaneous process vents included in an emissions average;
    (B) The information required to be reported by Sec.  63.428 (h)(1), 
(h)(2), and (h)(3) for each gasoline loading rack included in an 
emissions average, unless this information has already been submitted in 
a separate report;
    (C) The information required to be reported by Sec.  63.567(e)(4) 
and (j)(3) of subpart Y for each marine tank vessel loading operation 
included in an emissions average, unless the information has already 
been submitted in a separate report;
    (D) Any information pertaining to each wastewater stream included in 
an emissions average that the source is required to report under the 
Implementation Plan for the source;
    (E) The credits and debits calculated each month during the quarter;
    (F) A demonstration that debits calculated for the quarter are not 
more than 1.30 times the credits calculated for the quarter, as required 
under Sec. Sec.  63.652(e)(4);
    (G) The values of any inputs to the credit and debit equations in 
Sec.  63.652 (g) and (h) that change from month to month during the 
quarter or that have changed since the previous quarter; and
    (H) Any other information the source is required to report under the 
Implementation Plan for the source.
    (iii) Every fourth quarterly report shall include the following:
    (A) A demonstration that annual credits are greater than or equal to 
annual debits as required by Sec.  63.652(e)(3); and
    (B) A certification of compliance with all the emissions averaging 
provisions in Sec.  63.652 of this subpart.
    (9) For heat exchange systems, Periodic Reports must include the 
following information:
    (i) The number of heat exchange systems at the plant site subject to 
the monitoring requirements in Sec.  63.654.
    (ii) The number of heat exchange systems at the plant site found to 
be leaking.
    (iii) For each monitoring location where the total strippable 
hydrocarbon concentration was determined to be equal to or greater than 
the applicable leak definitions specified in Sec.  63.654(c)(6), 
identification of the monitoring location (e.g., unique monitoring 
location or heat exchange system ID number), the measured total 
strippable hydrocarbon concentration, the date the leak was first 
identified, and, if applicable, the date the source of the leak was 
identified;
    (iv) For leaks that were repaired during the reporting period 
(including delayed repairs), identification of the monitoring location 
associated with the repaired leak, the total strippable hydrocarbon 
concentration measured during re-monitoring to verify repair, and the 
re-monitoring date (i.e., the effective date of repair); and
    (v) For each delayed repair, identification of the monitoring 
location associated with the leak for which repair is delayed, the date 
when the delay of repair began, the date the repair is expected to be 
completed (if the leak is not repaired during the reporting period), the 
total strippable hydrocarbon concentration and date of each monitoring 
event conducted on the delayed repair during the reporting period, and 
an estimate of the potential strippable hydrocarbon emissions over the 
reporting period associated with the delayed repair.
    (10) For pressure relief devices subject to the requirements Sec.  
63.648(j), Periodic Reports must include the information specified in 
paragraphs (g)(10)(i) through (iii) of this section.
    (i) For pressure relief devices in organic HAP gas or vapor service, 
pursuant to Sec.  63.648(j)(1), report any instrument reading of 500 ppm 
or greater.
    (ii) For pressure relief devices in organic HAP gas or vapor service 
subject to Sec.  63.648(j)(2), report confirmation that any monitoring 
required to be done during the reporting period to show compliance was 
conducted.
    (iii) For pressure relief devices in organic HAP service subject to

[[Page 113]]

Sec.  63.648(j)(3), report each pressure release to the atmosphere, 
including duration of the pressure release and estimate of the mass 
quantity of each organic HAP released, and the results of any root cause 
analysis and corrective action analysis completed during the reporting 
period, including the corrective actions implemented during the 
reporting period and, if applicable, the implementation schedule for 
planned corrective actions to be implemented subsequent to the reporting 
period.
    (11) For flares subject to Sec.  63.670, Periodic Reports must 
include the information specified in paragraphs (g)(11)(i) through (iv) 
of this section.
    (i) Records as specified in paragraph (i)(9)(i) of this section for 
each 15-minute block during which there was at least one minute when 
regulated material is routed to a flare and no pilot flame is present.
    (ii) Visible emission records as specified in paragraph 
(i)(9)(ii)(C) of this section for each period of 2 consecutive hours 
during which visible emissions exceeded a total of 5 minutes.
    (iii) The 15-minute block periods for which the applicable operating 
limits specified in Sec.  63.670(d) through (f) are not met. Indicate 
the date and time for the period, the net heating value operating 
parameter(s) determined following the methods in Sec.  63.670(k) through 
(n) as applicable.
    (iv) For flaring events meeting the criteria in Sec.  63.670(o)(3):
    (A) The start and stop time and date of the flaring event.
    (B) The length of time for which emissions were visible from the 
flare during the event.
    (C) The periods of time that the flare tip velocity exceeds the 
maximum flare tip velocity determined using the methods in Sec.  
63.670(d)(2) and the maximum 15-minute block average flare tip velocity 
recorded during the event.
    (D) Results of the root cause and corrective actions analysis 
completed during the reporting period, including the corrective actions 
implemented during the reporting period and, if applicable, the 
implementation schedule for planned corrective actions to be implemented 
subsequent to the reporting period.
    (12) For delayed coking units, the Periodic Report must include the 
information specified in paragraphs (g)(12)(i) through (iv) of this 
section.
    (i) For existing source delayed coking units, any 60-cycle average 
exceeding the applicable limit in Sec.  63.657(a)(1).
    (ii) For new source delayed coking units, any direct venting event 
exceeding the applicable limit in Sec.  63.657(a)(2).
    (iii) The total number of double quenching events performed during 
the reporting period.
    (iv) For each double quenching draining event when the drain water 
temperature exceeded 210  deg.F, report the drum, date, time, the coke 
drum vessel pressure or temperature, as applicable, when pre-vent 
draining was initiated, and the maximum drain water temperature during 
the pre-vent draining period.
    (13) For maintenance vents subject to the requirements in Sec.  
63.643(c), Periodic Reports must include the information specified in 
paragraphs (g)(13)(i) through (iv) of this section for any release 
exceeding the applicable limits in Sec.  63.643(c)(1). For the purposes 
of this reporting requirement, owners or operators complying with Sec.  
63.643(c)(1)(iv) must report each venting event for which the lower 
explosive limit is 20 percent or greater.
    (i) Identification of the maintenance vent and the equipment served 
by the maintenance vent.
    (ii) The date and time the maintenance vent was opened to the 
atmosphere.
    (iii) The lower explosive limit, vessel pressure, or mass of VOC in 
the equipment, as applicable, at the start of atmospheric venting. If 
the 5 psig vessel pressure option in Sec.  63.643(c)(1)(ii) was used and 
active purging was initiated while the lower explosive limit was 10 
percent or greater, also include the lower explosive limit of the vapors 
at the time active purging was initiated.
    (iv) An estimate of the mass of organic HAP released during the 
entire atmospheric venting event.
    (14) Any changes in the information provided in a previous 
Notification of Compliance Status report.
    (h) Other reports shall be submitted as specified in subpart A of 
this part and as follows:

[[Page 114]]

    (1) [Reserved]
    (2) For storage vessels, notifications of inspections as specified 
in paragraphs (h)(2)(i) and (ii) of this section.
    (i) In order to afford the Administrator the opportunity to have an 
observer present, the owner or operator shall notify the Administrator 
of the refilling of each Group 1 storage vessel that has been emptied 
and degassed.
    (A) Except as provided in paragraphs (h)(2)(i) (B) and (C) of this 
section, the owner or operator shall notify the Administrator in writing 
at least 30 calendar days prior to filling or refilling of each storage 
vessel with organic HAP's to afford the Administrator the opportunity to 
inspect the storage vessel prior to refilling.
    (B) Except as provided in paragraph (h)(2)(i)(C) of this section, if 
the internal inspection required by Sec.  63.120(a)(2), (a)(3), or 
(b)(10) of subpart G or Sec.  63.1063(d)(1) of subpart WW is not planned 
and the owner or operator could not have known about the inspection 30 
calendar days in advance of refilling the vessel with organic HAP, the 
owner or operator shall notify the Administrator at least 7 calendar 
days prior to refilling of the storage vessel. Notification may be made 
by telephone and immediately followed by written documentation 
demonstrating why the inspection was unplanned. This notification, 
including the written documentation, may also be made in writing and 
sent so that it is received by the Administrator at least 7 calendar 
days prior to the refilling.
    (C) The State or local permitting authority can waive the 
notification requirements of paragraphs (h)(2)(i)(A) and/or (h)(2)(i)(B) 
of this section for all or some storage vessels at petroleum refineries 
subject to this subpart. The State or local permitting authority may 
also grant permission to refill storage vessels sooner than 30 days 
after submitting the notification required by paragraph (h)(2)(i)(A) of 
this section, or sooner than 7 days after submitting the notification 
required by paragraph (h)(2)(i)(B) of this section for all storage 
vessels, or for individual storage vessels on a case-by-case basis.
    (ii) In order to afford the Administrator the opportunity to have an 
observer present, the owner or operator of a storage vessel equipped 
with an external floating roof shall notify the Administrator of any 
seal gap measurements. The notification shall be made in writing at 
least 30 calendar days in advance of any gap measurements required by 
Sec.  63.120(b)(1) or (2) of subpart G or Sec.  63.1062(d)(3) of subpart 
WW. The State or local permitting authority can waive this notification 
requirement for all or some storage vessels subject to the rule or can 
allow less than 30 calendar days' notice.
    (3) For owners or operators of sources required to request approval 
for a nominal control efficiency for use in calculating credits for an 
emissions average, the information specified in Sec.  63.652(h).
    (4) The owner or operator who requests approval to monitor a 
different parameter than those listed in Sec.  63.644 for miscellaneous 
process vents or who is required by Sec.  63.653(a)(8) to establish a 
site-specific monitoring parameter for a point in an emissions average 
shall submit the information specified in paragraphs (h)(4)(i) through 
(h)(4)(iii) of this section. For new or reconstructed sources, the 
information shall be submitted with the application for approval of 
construction or reconstruction required by Sec.  63.5(d) of subpart A 
and for existing sources, and the information shall be submitted no 
later than 18 months prior to the compliance date. The information may 
be submitted in an operating permit application, in an amendment to an 
operating permit application, or in a separate submittal.
    (i) A description of the parameter(s) to be monitored to determine 
whether excess emissions occur and an explanation of the criteria used 
to select the parameter(s).
    (ii) A description of the methods and procedures that will be used 
to demonstrate that the parameter can be used to determine excess 
emissions and the schedule for this demonstration. The owner or operator 
must certify that they will establish a range for the monitored 
parameter as part of the Notification of Compliance Status report 
required in paragraphs (e) and (f) of this section.
    (iii) The frequency and content of monitoring, recording, and 
reporting if:

[[Page 115]]

monitoring and recording are not continuous; or if periods of excess 
emissions, as defined in paragraph (g)(6) of this section, will not be 
identified in Periodic Reports required under paragraphs (e) and (g) of 
this section. The rationale for the proposed monitoring, recording, and 
reporting system shall be included.
    (5) An owner or operator may request approval to use alternatives to 
the continuous operating parameter monitoring and recordkeeping 
provisions listed in paragraph (i) of this section.
    (i) Requests shall be submitted with the Application for Approval of 
Construction or Reconstruction for new sources and no later than 18 
months prior to the compliance date for existing sources. The 
information may be submitted in an operating permit application, in an 
amendment to an operating permit application, or in a separate 
submittal. Requests shall contain the information specified in 
paragraphs (h)(5)(iii) through (h)(5)(iv) of this section, as 
applicable.
    (ii) The provisions in Sec.  63.8(f)(5)(i) of subpart A of this part 
shall govern the review and approval of requests.
    (iii) An owner or operator may request approval to use an automated 
data compression recording system that does not record monitored 
operating parameter values at a set frequency (for example, once every 
hour) but records all values that meet set criteria for variation from 
previously recorded values.
    (A) The requested system shall be designed to:
    (1) Measure the operating parameter value at least once every hour.
    (2) Record at least 24 values each day during periods of operation.
    (3) Record the date and time when monitors are turned off or on.
    (4) Recognize unchanging data that may indicate the monitor is not 
functioning properly, alert the operator, and record the incident.
    (5) Compute daily average values of the monitored operating 
parameter based on recorded data.
    (B) The request shall contain a description of the monitoring system 
and data compression recording system including the criteria used to 
determine which monitored values are recorded and retained, the method 
for calculating daily averages, and a demonstration that the system 
meets all criteria of paragraph (h)(5)(iii)(A) of this section.
    (iv) An owner or operator may request approval to use other 
alternative monitoring systems according to the procedures specified in 
Sec.  63.8(f) of subpart A of this part.
    (6) The owner or operator shall submit the information specified in 
paragraphs (h)(6)(i) through (h)(6)(iii) of this section, as applicable. 
For existing sources, this information shall be submitted in the initial 
Notification of Compliance Status report. For a new source, the 
information shall be submitted with the application for approval of 
construction or reconstruction required by Sec.  63.5(d) of subpart A of 
this part. The information may be submitted in an operating permit 
application, in an amendment to an operating permit application, or in a 
separate submittal.
    (i) The determination of applicability of this subpart to petroleum 
refining process units that are designed and operated as flexible 
operation units.
    (ii) The determination of applicability of this subpart to any 
storage vessel for which use varies from year to year.
    (iii) The determination of applicability of this subpart to any 
distillation unit for which use varies from year to year.
    (7) The owner or operator of a heat exchange system at an existing 
source must notify the Administrator at least 30 calendar days prior to 
changing from one of the monitoring options specified in Sec.  
63.654(c)(4) to the other.
    (8) For fenceline monitoring systems subject to Sec.  63.658, within 
45 calendar days after the end of each reporting period, each owner or 
operator shall submit the following information to the EPA's Compliance 
and Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed 
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). 
The owner or operator need not transmit these data prior to obtaining 12 
months of data.
    (i) Individual sample results for each monitor for each sampling 
period during the quarterly reporting period. For

[[Page 116]]

the first reporting period and for any period in which a passive monitor 
is added or moved, the owner or operator shall report the coordinates of 
all of the passive monitor locations. The owner or operator shall 
determine the coordinates using an instrument with an accuracy of at 
least 3 meters. Coordinates shall be in decimal degrees with at least 
five decimal places.
    (ii) The biweekly annual average concentration difference (Dc) 
values for benzene for the quarterly reporting period.
    (iii) Notation for each biweekly value that indicates whether 
background correction was used, all measurements in the sampling period 
were below detection, or whether an outlier was removed from the 
sampling period data set.
    (9) On and after February 1, 2016, if required to submit the results 
of a performance test or CEMS performance evaluation, the owner or 
operator shall submit the results according to the procedures in 
paragraphs (h)(9)(i) and (ii) of this section.
    (i) Within 60 days after the date of completing each performance 
test as required by this subpart, the owner or operator shall submit the 
results of the performance tests following the procedure specified in 
either paragraph (h)(9)(i)(A) or (B) of this section.
    (A) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(http://www.epa.gov/ttn/chief/ert/index.html) at the time of the test, 
the owner or operator must submit the results of the performance test to 
the EPA via the CEDRI. (CEDRI can be accessed through the EPA's CDX.) 
Performance test data must be submitted in a file format generated 
through the use of the EPA's ERT or an alternate electronic file format 
consistent with the extensible markup language (XML) schema listed on 
the EPA's ERT Web site. If an owner or operator claims that some of the 
performance test information being submitted is confidential business 
information (CBI), the owner or operator must submit a complete file 
generated through the use of the EPA's ERT or an alternate electronic 
file consistent with the XML schema listed on the EPA's ERT Web site, 
including information claimed to be CBI, on a compact disc, flash drive 
or other commonly used electronic storage media to the EPA. The 
electronic storage media must be clearly marked as CBI and mailed to 
U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement 
Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
ERT or alternate file with the CBI omitted must be submitted to the EPA 
via the EPA's CDX as described earlier in this paragraph (h)(9)(i)(A).
    (B) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT Web site at the time of the 
test, the owner or operator must submit the results of the performance 
test to the Administrator at the appropriate address listed in Sec.  
63.13.
    (ii) Within 60 days after the date of completing each CEMS 
performance evaluation as required by this subpart, the owner or 
operator must submit the results of the performance evaluation following 
the procedure specified in either paragraph (h)(9)(ii)(A) or (B) of this 
section.
    (A) For performance evaluations of continuous monitoring systems 
measuring relative accuracy test audit (RATA) pollutants that are 
supported by the EPA's ERT as listed on the EPA's ERT Web site at the 
time of the evaluation, the owner or operator must submit the results of 
the performance evaluation to the EPA via the CEDRI. (CEDRI can be 
accessed through the EPA's CDX.) Performance evaluation data must be 
submitted in a file format generated through the use of the EPA's ERT or 
an alternate file format consistent with the XML schema listed on the 
EPA's ERT Web site. If an owner or operator claims that some of the 
performance evaluation information being submitted is CBI, the owner or 
operator must submit a complete file generated through the use of the 
EPA's ERT or an alternate electronic file consistent with the XML schema 
listed on the EPA's ERT Web site, including information claimed to be 
CBI, on a compact disc, flash drive or other commonly used electronic 
storage media to the EPA. The electronic storage media

[[Page 117]]

must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI 
Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 
4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with 
the CBI omitted must be submitted to the EPA via the EPA's CDX as 
described earlier in this paragraph (h)(9)(ii)(A).
    (B) For any performance evaluations of continuous monitoring systems 
measuring RATA pollutants that are not supported by the EPA's ERT as 
listed on the EPA's ERT Web site at the time of the evaluation, the 
owner or operator must submit the results of the performance evaluation 
to the Administrator at the appropriate address listed in Sec.  63.13.
    (i) Recordkeeping. Each owner or operator of a source subject to 
this subpart shall keep copies of all applicable reports and records 
required by this subpart for at least 5 years except as otherwise 
specified in paragraphs (i)(1) through (12) of this section. All 
applicable records shall be maintained in such a manner that they can be 
readily accessed within 24 hours. Records may be maintained in hard copy 
or computer-readable form including, but not limited to, on paper, 
microfilm, computer, flash drive, floppy disk, magnetic tape, or 
microfiche.
    (1) Each owner or operator subject to the storage vessel provisions 
in Sec.  63.646 shall keep the records specified in Sec.  63.123 of 
subpart G except as specified in paragraphs (i)(1)(i) through (iv) of 
this section. Each owner or operator subject to the storage vessel 
provisions in Sec.  63.660 shall keep records as specified in paragraphs 
(i)(1)(v) and (vi) of this section.
    (i) Records related to gaskets, slotted membranes, and sleeve seals 
are not required for storage vessels within existing sources.
    (ii) All references to Sec.  63.122 in Sec.  63.123 of subpart G 
shall be replaced with Sec.  63.655(e).
    (iii) All references to Sec.  63.150 in Sec.  63.123 of subpart G of 
this part shall be replaced with Sec.  63.652.
    (iv) If a storage vessel is determined to be Group 2 because the 
weight percent total organic HAP of the stored liquid is less than or 
equal to 4 percent for existing sources or 2 percent for new sources, a 
record of any data, assumptions, and procedures used to make this 
determination shall be retained.
    (v) Each owner or operator of a Group 1 storage vessel subject to 
the provisions in Sec.  63.660 shall keep records as specified in Sec.  
63.1065 or Sec.  63.998, as applicable.
    (vi) Each owner or operator of a Group 2 storage vessel shall keep 
the records specified in Sec.  63.1065(a) of subpart WW. If a storage 
vessel is determined to be Group 2 because the weight percent total 
organic HAP of the stored liquid is less than or equal to 4 percent for 
existing sources or 2 percent for new sources, a record of any data, 
assumptions, and procedures used to make this determination shall be 
retained.
    (2) Each owner or operator required to report the results of 
performance tests under paragraphs (f) and (g)(7) of this section shall 
retain a record of all reported results as well as a complete test 
report, as described in paragraph (f)(2)(ii) of this section for each 
emission point tested.
    (3) Each owner or operator required to continuously monitor 
operating parameters under Sec.  63.644 for miscellaneous process vents 
or under Sec. Sec.  63.652 and 63.653 for emission points in an 
emissions average shall keep the records specified in paragraphs 
(i)(3)(i) through (i)(3)(v) of this section unless an alternative 
recordkeeping system has been requested and approved under paragraph (h) 
of this section.
    (i) The monitoring system shall measure data values at least once 
every hour.
    (ii) The owner or operator shall record either:
    (A) Each measured data value; or
    (B) Block average values for 1 hour or shorter periods calculated 
from all measured data values during each period. If values are measured 
more frequently than once per minute, a single value for each minute may 
be used to calculate the hourly (or shorter period) block average 
instead of all measured values.
    (iii) Daily average values of each continuously monitored parameter 
shall be calculated for each operating day

[[Page 118]]

and retained for 5 years except as specified in paragraph (i)(3)(iv) of 
this section.
    (A) The daily average shall be calculated as the average of all 
values for a monitored parameter recorded during the operating day. The 
average shall cover a 24-hour period if operation is continuous, or the 
number of hours of operation per day if operation is not continuous.
    (B) The operating day shall be the period defined in the 
Notification of Compliance Status report. It may be from midnight to 
midnight or another daily period.
    (iv) If all recorded values for a monitored parameter during an 
operating day are within the range established in the Notification of 
Compliance Status report, the owner or operator may record that all 
values were within the range and retain this record for 5 years rather 
than calculating and recording a daily average for that day. For these 
days, the records required in paragraph (i)(3)(ii) of this section shall 
also be retained for 5 years.
    (v) Monitoring data recorded during periods of monitoring system 
breakdowns, repairs, calibration checks, and zero (low-level) and high-
level adjustments shall not be included in any average computed under 
this subpart. Records shall be kept of the times and durations of all 
such periods and any other periods during process or control device 
operation when monitors are not operating.
    (4) For each closed vent system that contains bypass lines that 
could divert a vent stream away from the control device and either 
directly to the atmosphere or to a control device that does not comply 
with the requirements in Sec.  63.643(a), the owner or operator shall 
keep a record of the information specified in either paragraph (i)(4)(i) 
or (ii) of this section, as applicable.
    (i) The owner or operator shall maintain records of periods when 
flow was detected in the bypass line, including the date and time and 
the duration of the flow in the bypass line. For each flow event, the 
owner or operator shall maintain records sufficient to determine whether 
or not the detected flow included flow of a Group 1 miscellaneous 
process vent stream requiring control. For periods when the Group 1 
miscellaneous process vent stream requiring control is diverted from the 
control device and released either directly to the atmosphere or to a 
control device that does not comply with the requirements in Sec.  
63.643(a), the owner or operator shall include an estimate of the volume 
of gas, the concentration of organic HAP in the gas and the resulting 
emissions of organic HAP that bypassed the control device using process 
knowledge and engineering estimates.
    (ii) Where a seal mechanism is used to comply with Sec.  
63.644(c)(2), hourly records of flow are not required. In such cases, 
the owner or operator shall record the date that the monthly visual 
inspection of the seals or closure mechanisms is completed. The owner or 
operator shall also record the occurrence of all periods when the seal 
or closure mechanism is broken, the bypass line valve position has 
changed or the key for a lock-and-key type lock has been checked out. 
The owner or operator shall include an estimate of the volume of gas, 
the concentration of organic HAP in the gas and the resulting mass 
emissions of organic HAP from the Group 1 miscellaneous process vent 
stream requiring control that bypassed the control device or records 
sufficient to demonstrate that there was no flow of a Group 1 
miscellaneous process vent stream requiring control during the period.
    (5) The owner or operator of a heat exchange system subject to this 
subpart shall comply with the recordkeeping requirements in paragraphs 
(i)(5)(i) through (v) of this section and retain these records for 5 
years.
    (6) All other information required to be reported under paragraphs 
(a) through (h) of this section shall be retained for 5 years.
    (7) Each owner or operator subject to the delayed coking unit 
decoking operations provisions in Sec.  63.657 must maintain records 
specified in paragraphs (i)(7)(i) through (iii) of this section.
    (i) The average pressure or temperature, as applicable, for the 5-
minute period prior to venting to the atmosphere, draining, or deheading 
the coke drum for each cooling cycle for each coke drum.

[[Page 119]]

    (ii) If complying with the 60-cycle rolling average, each 60-cycle 
rolling average pressure or temperature, as applicable, considering all 
coke drum venting events in the existing affected source.
    (iii) For double-quench cooling cycles:
    (A) The date, time and duration of each pre-vent draining event.
    (B) The pressure or temperature of the coke drum vessel, as 
applicable, for the 15 minute period prior to the pre-vent draining.
    (C) The drain water temperature at 1-minute intervals from the start 
of pre-vent draining to the complete closure of the drain valve.
    (8) For fenceline monitoring systems subject to Sec.  63.658, each 
owner or operator shall keep the records specified in paragraphs 
(i)(8)(i) through (x) of this section on an ongoing basis.
    (i) Coordinates of all passive monitors, including replicate 
samplers and field blanks, and if applicable, the meteorological 
station. The owner or operator shall determine the coordinates using an 
instrument with an accuracy of at least 3 meters. The coordinates shall 
be in decimal degrees with at least five decimal places.
    (ii) The start and stop times and dates for each sample, as well as 
the tube identifying information.
    (iii) Sampling period average temperature and barometric pressure 
measurements.
    (iv) For each outlier determined in accordance with Section 9.2 of 
Method 325A of appendix A of this part, the sampler location of and the 
concentration of the outlier and the evidence used to conclude that the 
result is an outlier.
    (v) For samples that will be adjusted for a background, the location 
of and the concentration measured simultaneously by the background 
sampler, and the perimeter samplers to which it applies.
    (vi) Individual sample results, the calculated Dc for benzene for 
each sampling period and the two samples used to determine it, whether 
background correction was used, and the annual average Dc calculated 
after each sampling period.
    (vii) Method detection limit for each sample, including co-located 
samples and blanks.
    (viii) Documentation of corrective action taken each time the action 
level was exceeded.
    (ix) Other records as required by Methods 325A and 325B of appendix 
A of this part.
    (x) If a near-field source correction is used as provided in Sec.  
63.658(i), records of hourly meteorological data, including temperature, 
barometric pressure, wind speed and wind direction, calculated daily 
unit vector wind direction and daily sigma theta, and other records 
specified in the site-specific monitoring plan.
    (9) For each flare subject to Sec.  63.670, each owner or operator 
shall keep the records specified in paragraphs (i)(9)(i) through (xii) 
of this section up-to-date and readily accessible, as applicable.
    (i) Retain records of the output of the monitoring device used to 
detect the presence of a pilot flame as required in Sec.  63.670(b) for 
a minimum of 2 years. Retain records of each 15-minute block during 
which there was at least one minute that no pilot flame is present when 
regulated material is routed to a flare for a minimum of 5 years.
    (ii) Retain records of daily visible emissions observations or video 
surveillance images required in Sec.  63.670(h) as specified in the 
paragraphs (i)(9)(ii)(A) through (C), as applicable, for a minimum of 3 
years.
    (A) If visible emissions observations are performed using Method 22 
at 40 CFR part 60, appendix A-7, the record must identify whether the 
visible emissions observation was performed, the results of each 
observation, total duration of observed visible emissions, and whether 
it was a 5-minute or 2-hour observation. If the owner or operator 
performs visible emissions observations more than one time during a day, 
the record must also identify the date and time of day each visible 
emissions observation was performed.
    (B) If video surveillance camera is used, the record must include 
all video surveillance images recorded, with time and date stamps.
    (C) For each 2 hour period for which visible emissions are observed 
for more than 5 minutes in 2 consecutive hours,

[[Page 120]]

the record must include the date and time of the 2 hour period and an 
estimate of the cumulative number of minutes in the 2 hour period for 
which emissions were visible.
    (iii) The 15-minute block average cumulative flows for flare vent 
gas and, if applicable, total steam, perimeter assist air, and premix 
assist air specified to be monitored under Sec.  63.670(i), along with 
the date and time interval for the 15-minute block. If multiple 
monitoring locations are used to determine cumulative vent gas flow, 
total steam, perimeter assist air, and premix assist air, retain records 
of the 15-minute block average flows for each monitoring location for a 
minimum of 2 years, and retain the 15-minute block average cumulative 
flows that are used in subsequent calculations for a minimum of 5 years. 
If pressure and temperature monitoring is used, retain records of the 
15-minute block average temperature, pressure and molecular weight of 
the flare vent gas or assist gas stream for each measurement location 
used to determine the 15-minute block average cumulative flows for a 
minimum of 2 years, and retain the 15-minute block average cumulative 
flows that are used in subsequent calculations for a minimum of 5 years.
    (iv) The flare vent gas compositions specified to be monitored under 
Sec.  63.670(j). Retain records of individual component concentrations 
from each compositional analyses for a minimum of 2 years. If NHVvg 
analyzer is used, retain records of the 15-minute block average values 
for a minimum of 5 years.
    (v) Each 15-minute block average operating parameter calculated 
following the methods specified in Sec.  63.670(k) through (n), as 
applicable.
    (vi) [Reserved]
    (vii) All periods during which operating values are outside of the 
applicable operating limits specified in Sec.  63.670(d) through (f) 
when regulated material is being routed to the flare.
    (viii) All periods during which the owner or operator does not 
perform flare monitoring according to the procedures in Sec.  63.670(g) 
through (j).
    (ix) Records of periods when there is flow of vent gas to the flare, 
but when there is no flow of regulated material to the flare, including 
the start and stop time and dates of periods of no regulated material 
flow.
    (x) Records when the flow of vent gas exceeds the smokeless capacity 
of the flare, including start and stop time and dates of the flaring 
event.
    (xi) Records of the root cause analysis and corrective action 
analysis conducted as required in Sec.  63.670(o)(3), including an 
identification of the affected facility, the date and duration of the 
event, a statement noting whether the event resulted from the same root 
cause(s) identified in a previous analysis and either a description of 
the recommended corrective action(s) or an explanation of why corrective 
action is not necessary under Sec.  63.670(o)(5)(i).
    (xii) For any corrective action analysis for which implementation of 
corrective actions are required in Sec.  63.670(o)(5), a description of 
the corrective action(s) completed within the first 45 days following 
the discharge and, for action(s) not already completed, a schedule for 
implementation, including proposed commencement and completion dates.
    (10) [Reserved]
    (11) For each pressure relief device subject to the pressure release 
management work practice standards in Sec.  63.648(j)(3), the owner or 
operator shall keep the records specified in paragraphs (i)(11)(i) 
through (iii) of this section.
    (i) Records of the prevention measures implemented as required in 
Sec.  63.648(j)(3)(ii), if applicable.
    (ii) Records of the number of releases during each calendar year and 
the number of those releases for which the root cause was determined to 
be a force majeure event. Keep these records for the current calendar 
year and the past five calendar years.
    (iii) For each release to the atmosphere, the owner or operator 
shall keep the records specified in paragraphs (i)(11)(iii)(A) through 
(D) of this section.
    (A) The start and end time and date of each pressure release to the 
atmosphere.
    (B) Records of any data, assumptions, and calculations used to 
estimate of the mass quantity of each organic HAP released during the 
event.

[[Page 121]]

    (C) Records of the root cause analysis and corrective action 
analysis conducted as required in Sec.  63.648(j)(3)(iii), including an 
identification of the affected facility, the date and duration of the 
event, a statement noting whether the event resulted from the same root 
cause(s) identified in a previous analysis and either a description of 
the recommended corrective action(s) or an explanation of why corrective 
action is not necessary under Sec.  63.648(j)(7)(i).
    (D) For any corrective action analysis for which implementation of 
corrective actions are required in Sec.  63.648(j)(7), a description of 
the corrective action(s) completed within the first 45 days following 
the discharge and, for action(s) not already completed, a schedule for 
implementation, including proposed commencement and completion dates.
    (12) For each maintenance vent opening subject to the requirements 
in Sec.  63.643(c), the owner or operator shall keep the applicable 
records specified in (i)(12)(i) through (v) of this section.
    (i) The owner or operator shall maintain standard site procedures 
used to deinventory equipment for safety purposes (e.g., hot work or 
vessel entry procedures) to document the procedures used to meet the 
requirements in Sec.  63.643(c). The current copy of the procedures 
shall be retained and available on-site at all times. Previous versions 
of the standard site procedures, is applicable, shall be retained for 
five years.
    (ii) If complying with the requirements of Sec.  63.643(c)(1)(i) and 
the lower explosive limit at the time of the vessel opening exceeds 10 
percent, identification of the maintenance vent, the process units or 
equipment associated with the maintenance vent, the date of maintenance 
vent opening, and the lower explosive limit at the time of the vessel 
opening.
    (iii) If complying with the requirements of Sec.  63.643(c)(1)(ii) 
and either the vessel pressure at the time of the vessel opening exceeds 
5 psig or the lower explosive limit at the time of the active purging 
was initiated exceeds 10 percent, identification of the maintenance 
vent, the process units or equipment associated with the maintenance 
vent, the date of maintenance vent opening, the pressure of the vessel 
or equipment at the time of discharge to the atmosphere and, if 
applicable, the lower explosive limit of the vapors in the equipment 
when active purging was initiated.
    (iv) If complying with the requirements of Sec.  63.643(c)(1)(iii), 
identification of the maintenance vent, the process units or equipment 
associated with the maintenance vent, the date of maintenance vent 
opening, and records used to estimate the total quantity of VOC in the 
equipment at the time the maintenance vent was opened to the atmosphere 
for each applicable maintenance vent opening.
    (v) If complying with the requirements of Sec.  63.643(c)(1)(iv), 
identification of the maintenance vent, the process units or equipment 
associated with the maintenance vent, records documenting the lack of a 
pure hydrogen supply, the date of maintenance vent opening, and the 
lower explosive limit of the vapors in the equipment at the time of 
discharge to the atmosphere for each applicable maintenance vent 
opening.

[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29881, June 12, 1996; 
63 FR 44141, Aug. 18, 1998. Redesignated and amended at 74 FR 55686, 
55687, Oct. 28, 2009; 75 FR 37731, June 30, 2010; 78 FR 37148, June 20, 
2013; 80 FR 75246, Dec. 1, 2015; 81 FR 45241, July 13, 2016]



Sec.  63.656  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be

[[Page 122]]

transferred to the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.640, 63.642(g) through (l), 63.643, 63.646 through 63.652, 63.654, 
63.657 through 63.660, and 63.670. Where these standards reference 
another subpart, the cited provisions will be delegated according to the 
delegation provisions of the referenced subpart. Where these standards 
reference another subpart and modify the requirements, the requirements 
shall be modified as described in this subpart. Delegation of the 
modified requirements will also occur according to the delegation 
provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in this 
subpart.

[68 FR 37351, June 23, 2003. Redesignated and amended at 74 FR 55686, 
55688, Oct. 28, 2009; 80 FR 75253, Dec. 1, 2015]



Sec.  63.657  Delayed coking unit decoking operation standards.

    (a) Except as provided in paragraphs (e) and (f) of this section, 
each owner or operator of a delayed coking unit shall depressure each 
coke drum to a closed blowdown system until the coke drum vessel 
pressure or temperature measured at the top of the coke drum or in the 
overhead line of the coke drum as near as practical to the coke drum 
meets the applicable limits specified in paragraph (a)(1) or (2) of this 
section prior to venting to the atmosphere, draining or deheading the 
coke drum at the end of the cooling cycle.
    (1) For delayed coking units at an existing affected source, meet 
either:
    (i) An average vessel pressure of 2 psig determined on a rolling 60-
event average; or
    (ii) An average vessel temperature of 220 degrees Fahrenheit 
determined on a rolling 60-event average.
    (2) For delayed coking units at a new affected source, meet either:
    (i) A vessel pressure of 2.0 psig for each decoking event; or
    (ii) A vessel temperature of 218 degrees Fahrenheit for each 
decoking event.
    (b) Each owner or operator of a delayed coking unit complying with 
the pressure limits in paragraph (a)(1)(i) or (a)(2)(i) of this section 
shall install, operate, calibrate, and maintain a monitoring system, as 
specified in paragraphs (b)(1) through (5) of this section, to determine 
the coke drum vessel pressure.
    (1) The pressure monitoring system must be in a representative 
location (at the top of the coke drum or in the overhead line as near as 
practical to the coke drum) that minimizes or eliminates pulsating 
pressure, vibration, and, to the extent practical, internal and external 
corrosion.
    (2) The pressure monitoring system must be capable of measuring a 
pressure of 2.0 psig within 0.5 psig.
    (3) The pressure monitoring system must be verified annually or at 
the frequency recommended by the instrument manufacturer. The pressure 
monitoring system must be verified following any period of more than 24 
hours throughout which the pressure exceeded the maximum rated pressure 
of the sensor, or the data recorder was off scale.
    (4) All components of the pressure monitoring system must be 
visually inspected for integrity, oxidation and galvanic corrosion every 
3 months, unless the system has a redundant pressure sensor.
    (5) The output of the pressure monitoring system must be reviewed 
daily to ensure that the pressure readings fluctuate as expected between 
operating and cooling/decoking cycles to verify the pressure taps are 
not plugged. Plugged pressure taps must be unplugged or otherwise 
repaired prior to the next operating cycle.
    (c) Each owner or operator of a delayed coking unit complying with 
the temperature limits in paragraph (a)(1)(ii) or (a)(2)(ii) of this 
section

[[Page 123]]

shall install, operate, calibrate, and maintain a continuous parameter 
monitoring system to measure the coke drum vessel temperature (at the 
top of the coke drum or in the overhead line as near as practical to the 
coke drum) according to the requirements specified in table 13 of this 
subpart.
    (d) The owner or operator of a delayed coking unit shall determine 
the coke drum vessel pressure or temperature, as applicable, on a 5-
minute rolling average basis while the coke drum is vented to the closed 
blowdown system and shall use the last complete 5-minute rolling average 
pressure or temperature just prior to initiating steps to isolate the 
coke drum prior to venting, draining or deheading to demonstrate 
compliance with the requirements in paragraph (a) of this section. 
Pressure or temperature readings after initiating steps to isolate the 
coke drum from the closed blowdown system just prior to atmospheric 
venting, draining, or deheading the coke drum shall not be used in 
determining the average coke drum vessel pressure or temperature for the 
purpose of compliance with the requirements in paragraph (a) of this 
section.
    (e) The owner or operator of a delayed coking unit using the ``water 
overflow'' method of coke cooling must hardpipe the overflow water or 
otherwise prevent exposure of the overflow water to the atmosphere when 
transferring the overflow water to the overflow water storage tank 
whenever the coke drum vessel temperature exceeds 220 degrees 
Fahrenheit. The overflow water storage tank may be an open or fixed-roof 
tank provided that a submerged fill pipe (pipe outlet below existing 
liquid level in the tank) is used to transfer overflow water to the 
tank. The owner or operator of a delayed coking unit using the ``water 
overflow'' method of coke cooling shall determine the coke drum vessel 
temperature as specified in paragraphs (c) and (d) of this section 
regardless of the compliance method used to demonstrate compliance with 
the requirements in paragraph (a) of this section.
    (f) The owner or operator of a delayed coking unit may partially 
drain a coke drum prior to achieving the applicable limits in paragraph 
(a) of this section in order to double-quench a coke drum that did not 
cool adequately using the normal cooling process steps provided that the 
owner or operator meets the conditions in paragraphs (f)(1) and (2) of 
this section.
    (1) The owner or operator shall install, operate, calibrate, and 
maintain a continuous parameter monitoring system to measure the drain 
water temperature at the bottom of the coke drum or in the drain line as 
near as practical to the coke drum according to the requirements 
specified in table 13 of this subpart.
    (2) The owner or operator must maintain the drain water temperature 
below 210 degrees Fahrenheit during the partial drain associated with 
the double-quench event.

[80 FR 75253, Dec. 1, 2015]



Sec.  63.658  Fenceline monitoring provisions.

    (a) The owner or operator shall conduct sampling along the facility 
property boundary and analyze the samples in accordance with Methods 
325A and 325B of appendix A of this part and paragraphs (b) through (k) 
of this section.
    (b) The target analyte is benzene.
    (c) The owner or operator shall determine passive monitor locations 
in accordance with Section 8.2 of Method 325A of appendix A of this 
part.
    (1) As it pertains to this subpart, known sources of VOCs, as used 
in Section 8.2.1.3 in Method 325A of appendix A of this part for siting 
passive monitors, means a wastewater treatment unit, process unit, or 
any emission source requiring control according to the requirements of 
this subpart, including marine vessel loading operations. For marine 
vessel loading operations, one passive monitor should be sited on the 
shoreline adjacent to the dock.
    (2) The owner or operator may collect one or more background samples 
if the owner or operator believes that an offsite upwind source or an 
onsite source excluded under Sec.  63.640(g) may influence the sampler 
measurements. If the owner or operator elects to collect one or more 
background samples, the owner of operator must develop and submit a 
site-specific monitoring plan

[[Page 124]]

for approval according to the requirements in paragraph (i) of this 
section. Upon approval of the site-specific monitoring plan, the 
background sampler(s) should be operated co-currently with the routine 
samplers.
    (3) The owner or operator shall collect at least one co-located 
duplicate sample for every 10 field samples per sampling period and at 
least two field blanks per sampling period, as described in Section 9.3 
in Method 325A of appendix A of this part. The co-located duplicates may 
be collected at any one of the perimeter sampling locations.
    (4) The owner or operator shall follow the procedure in Section 9.6 
of Method 325B of appendix A of this part to determine the detection 
limit of benzene for each sampler used to collect samples, background 
samples (if the owner or operator elects to do so), co-located samples 
and blanks.
    (d) The owner or operator shall collect and record meteorological 
data according to the applicable requirements in paragraphs (d)(1) 
through (3) of this section.
    (1) If a near-field source correction is used as provided in 
paragraph (i)(1) of this section or if an alternative test method is 
used that provides time-resolved measurements, the owner or operator 
shall:
    (i) Use an on-site meteorological station in accordance with Section 
8.3 of Method 325A of appendix A of this part.
    (ii) Collect and record hourly average meteorological data, 
including temperature, barometric pressure, wind speed and wind 
direction and calculate daily unit vector wind direction and daily sigma 
theta.
    (2) For cases other than those specified in paragraph (d)(1) of this 
section, the owner or operator shall collect and record sampling period 
average temperature and barometric pressure using either an on-site 
meteorological station in accordance with Section 8.3 of Method 325A of 
appendix A of this part or, alternatively, using data from a United 
States Weather Service (USWS) meteorological station provided the USWS 
meteorological station is within 40 kilometers (25 miles) of the 
refinery.
    (3) If an on-site meteorological station is used, the owner or 
operator shall follow the calibration and standardization procedures for 
meteorological measurements in EPA-454/B-08-002 (incorporated by 
reference--see Sec.  63.14).
    (e) The owner of operator shall use a sampling period and sampling 
frequency as specified in paragraphs (e)(1) through (3) of this section.
    (1) Sampling period. A 14-day sampling period shall be used, unless 
a shorter sampling period is determined to be necessary under paragraph 
(g) or (i) of this section. A sampling period is defined as the period 
during which sampling tube is deployed at a specific sampling location 
with the diffusive sampling end cap in-place and does not include the 
time required to analyze the sample. For the purpose of this subpart, a 
14-day sampling period may be no shorter than 13 calendar days and no 
longer than 15 calendar days, but the routine sampling period shall be 
14 calendar days.
    (2) Base sampling frequency. Except as provided in paragraph (e)(3) 
of this section, the frequency of sample collection shall be once each 
contiguous 14-day sampling period, such that the beginning of the next 
14-day sampling period begins immediately upon the completion of the 
previous 14-day sampling period.
    (3) Alternative sampling frequency for burden reduction. When an 
individual monitor consistently achieves results at or below 0.9 [micro] 
g/m\3\, the owner or operator may elect to use the applicable minimum 
sampling frequency specified in paragraphs (e)(3)(i) through (v) of this 
section for that monitoring site. When calculating Dc for the monitoring 
period when using this alternative for burden reduction, zero shall be 
substituted for the sample result for the monitoring site for any period 
where a sample is not taken.
    (i) If every sample at a monitoring site is at or below 0.9 [micro] 
g/m\3\ for 2 years (52 consecutive samples), every other sampling period 
can be skipped for that monitoring site, i.e., sampling will occur 
approximately once per month.
    (ii) If every sample at a monitoring site that is monitored at the 
frequency specified in paragraph (e)(3)(i) of this section is at or 
below 0.9 [micro] g/m\3\ for 2 years (i.e., 26 consecutive ``monthly'' 
samples), five 14-day sampling periods can be skipped for that 
monitoring site

[[Page 125]]

following each period of sampling, i.e., sampling will occur 
approximately once per quarter.
    (iii) If every sample at a monitoring site that is monitored at the 
frequency specified in paragraph (e)(3)(ii) of this section is at or 
below 0.9 [micro] g/m\3\ for 2 years (i.e., 8 consecutive quarterly 
samples), twelve 14-day sampling periods can be skipped for that 
monitoring site following each period of sampling, i.e., sampling will 
occur twice a year.
    (iv) If every sample at a monitoring site that is monitored at the 
frequency specified in paragraph (e)(3)(iii) of this section is at or 
below 0.9 [micro] g/m\3\ for an 2 years (i.e., 4 consecutive semi-annual 
samples), only one sample per year is required for that monitoring site. 
For yearly sampling, samples shall occur at least 10 months but no more 
than 14 months apart.
    (v) If at any time a sample for a monitoring site that is monitored 
at the frequency specified in paragraphs (e)(3)(i) through (iv) of this 
section returns a result that is above 0.9 [micro] g/m\3\, the sampling 
site must return to the original sampling requirements of contiguous 14-
day sampling periods with no skip periods for one quarter (six 14-day 
sampling periods). If every sample collected during this quarter is at 
or below 0.9 [micro] g/m\3\ , the owner or operator may revert back to 
the reduced monitoring schedule applicable for that monitoring site 
prior to the sample reading exceeding 0.9 [micro] g/m\3\ If any sample 
collected during this quarter is above 0.9 [micro] g/m\3\, that 
monitoring site must return to the original sampling requirements of 
contiguous 14-day sampling periods with no skip periods for a minimum of 
two years. The burden reduction requirements can be used again for that 
monitoring site once the requirements of paragraph (e)(3)(i) of this 
section are met again, i.e., after 52 contiguous 14-day samples with no 
results above 0.9 [micro] g/m\3\ .
    (f) Within 45 days of completion of each sampling period, the owner 
or operator shall determine whether the results are above or below the 
action level as follows:
    (1) The owner or operator shall determine the facility impact on the 
benzene concentration (Dc) for each 14-day sampling period according to 
either paragraph (f)(1)(i) or (ii) of this section, as applicable.
    (i) Except when near-field source correction is used as provided in 
paragraph (i) of this section, the owner or operator shall determine the 
highest and lowest sample results for benzene concentrations from the 
sample pool and calculate Dc as the difference in these concentrations. 
The owner or operator shall adhere to the following procedures when one 
or more samples for the sampling period are below the method detection 
limit for benzene:
    (A) If the lowest detected value of benzene is below detection, the 
owner or operator shall use zero as the lowest sample result when 
calculating Dc.
    (B) If all sample results are below the method detection limit, the 
owner or operator shall use the method detection limit as the highest 
sample result.
    (ii) When near-field source correction is used as provided in 
paragraph (i) of this section, the owner or operator shall determine Dc 
using the calculation protocols outlined in the approved site-specific 
monitoring plan and in paragraph (i) of this section.
    (2) The owner or operator shall calculate the annual average Dc 
based on the average of the 26 most recent 14-day sampling periods. The 
owner or operator shall update this annual average value after receiving 
the results of each subsequent 14-day sampling period.
    (3) The action level for benzene is 9 micrograms per cubic meter 
([micro] g/m3) on an annual average basis. If the annual average Dc 
value for benzene is less than or equal to 9 [micro] g/m\3\, the 
concentration is below the action level. If the annual average Dc value 
for benzene is greater than 9 [micro] g/m\3\, the concentration is above 
the action level, and the owner or operator shall conduct a root cause 
analysis and corrective action in accordance with paragraph (g) of this 
section.
    (g) Within 5 days of determining that the action level has been 
exceeded for any annual average Dc and no longer than 50 days after 
completion of the sampling period, the owner or operator shall initiate 
a root cause analysis to determine the cause of such exceedance and to 
determine appropriate corrective action, such as those described in

[[Page 126]]

paragraphs (g)(1) through (4) of this section. The root cause analysis 
and initial corrective action analysis shall be completed and initial 
corrective actions taken no later than 45 days after determining there 
is an exceedance. Root cause analysis and corrective action may include, 
but is not limited to:
    (1) Leak inspection using Method 21 of part 60, appendix A-7 of this 
chapter and repairing any leaks found.
    (2) Leak inspection using optical gas imaging and repairing any 
leaks found.
    (3) Visual inspection to determine the cause of the high benzene 
emissions and implementing repairs to reduce the level of emissions.
    (4) Employing progressively more frequent sampling, analysis and 
meteorology (e.g., using shorter sampling periods for Methods 325A and 
325B of appendix A of this part, or using active sampling techniques).
    (h) If, upon completion of the corrective action analysis and 
corrective actions such as those described in paragraph (g) of this 
section, the Dc value for the next 14-day sampling period for which the 
sampling start time begins after the completion of the corrective 
actions is greater than 9 [micro] g/m\3\ or if all corrective action 
measures identified require more than 45 days to implement, the owner or 
operator shall develop a corrective action plan that describes the 
corrective action(s) completed to date, additional measures that the 
owner or operator proposes to employ to reduce fenceline concentrations 
below the action level, and a schedule for completion of these measures. 
The owner or operator shall submit the corrective action plan to the 
Administrator within 60 days after receiving the analytical results 
indicating that the Dc value for the 14-day sampling period following 
the completion of the initial corrective action is greater than 9 
[micro] g/m\3\ or, if no initial corrective actions were identified, no 
later than 60 days following the completion of the corrective action 
analysis required in paragraph (g) of this section.
    (i) An owner or operator may request approval from the Administrator 
for a site-specific monitoring plan to account for offsite upwind 
sources or onsite sources excluded under Sec.  63.640(g) according to 
the requirements in paragraphs (i)(1) through (4) of this section.
    (1) The owner or operator shall prepare and submit a site-specific 
monitoring plan and receive approval of the site-specific monitoring 
plan prior to using the near-field source alternative calculation for 
determining Dc provided in paragraph (i)(2) of this section. The site-
specific monitoring plan shall include, at a minimum, the elements 
specified in paragraphs (i)(1)(i) through (v) of this section. The 
procedures in Section 12 of Method 325A of appendix A of this part are 
not required, but may be used, if applicable, when determining near-
field source contributions.
    (i) Identification of the near-field source or sources. For onsite 
sources, documentation that the onsite source is excluded under Sec.  
63.640(g) and identification of the specific provision in Sec.  
63.640(g) that applies to the source.
    (ii) Location of the additional monitoring stations that shall be 
used to determine the uniform background concentration and the near-
field source concentration contribution.
    (iii) Identification of the fenceline monitoring locations impacted 
by the near-field source. If more than one near-field source is present, 
identify the near-field source or sources that are expected to 
contribute to the concentration at that monitoring location.
    (iv) A description of (including sample calculations illustrating) 
the planned data reduction and calculations to determine the near-field 
source concentration contribution for each monitoring location.
    (v) If more frequent monitoring or a monitoring station other than a 
passive diffusive tube monitoring station is proposed, provide a 
detailed description of the measurement methods, measurement frequency, 
and recording frequency for determining the uniform background or near-
field source concentration contribution.
    (2) When an approved site-specific monitoring plan is used, the 
owner or operator shall determine Dc for comparison with the 9 [micro] 
g/m\3\ action level using the requirements specified in paragraphs 
(i)(2)(i) through (iii) of this section.
    (i) For each monitoring location, calculate Dci using the 
following equation.


[[Page 127]]


Dci = MFCi - NFSi - UB

Where:

Dci = The fenceline concentration, corrected for background, 
          at measurement location i, micrograms per cubic meter ([micro] 
          g/m\3\).
MFCi = The measured fenceline concentration at measurement 
          location i, [micro] g/m\3\.
NFSi = The near-field source contributing concentration at 
          measurement location i determined using the additional 
          measurements and calculation procedures included in the site-
          specific monitoring plan, [micro] g/m\3\. For monitoring 
          locations that are not included in the site-specific 
          monitoring plan as impacted by a near-field source, use 
          NFSi = 0 [micro] g/m\3\.
UB = The uniform background concentration determined using the 
          additional measurements included in the site-specific 
          monitoring plan, [micro] g/m\3\. If no additional measurements 
          are specified in the site-specific monitoring plan for 
          determining the uniform background concentration, use UB = 0 
          [micro] g/m\3\.

    (ii) When one or more samples for the sampling period are below the 
method detection limit for benzene, adhere to the following procedures:
    (A) If the benzene concentration at the monitoring location used for 
the uniform background concentration is below the method detection 
limit, the owner or operator shall use zero for UB for that monitoring 
period.
    (B) If the benzene concentration at the monitoring location(s) used 
to determine the near-field source contributing concentration is below 
the method detection limit, the owner or operator shall use zero for the 
monitoring location concentration when calculating NFSi for 
that monitoring period.
    (C) If a fenceline monitoring location sample result is below the 
method detection limit, the owner or operator shall use the method 
detection limit as the sample result.
    (iii) Determine Dc for the monitoring period as the maximum value of 
Dci from all of the fenceline monitoring locations for that 
monitoring period.
    (3) The site-specific monitoring plan shall be submitted and 
approved as described in paragraphs (i)(3)(i) through (iv) of this 
section.
    (i) The site-specific monitoring plan must be submitted to the 
Administrator for approval.
    (ii) The site-specific monitoring plan shall also be submitted to 
the following address: U.S. Environmental Protection Agency, Office of 
Air Quality Planning and Standards, Sector Policies and Programs 
Division, U.S. EPA Mailroom (E143-01), Attention: Refinery Sector Lead, 
109 T.W. Alexander Drive, Research Triangle Park, NC 27711. Electronic 
copies in lieu of hard copies may also be submitted to 
[email protected]
    (iii) The Administrator shall approve or disapprove the plan in 90 
days. The plan shall be considered approved if the Administrator either 
approves the plan in writing, or fails to disapprove the plan in 
writing. The 90-day period shall begin when the Administrator receives 
the plan.
    (iv) If the Administrator finds any deficiencies in the site-
specific monitoring plan and disapproves the plan in writing, the owner 
or operator may revise and resubmit the site-specific monitoring plan 
following the requirements in paragraphs (i)(3)(i) and (ii) of this 
section. The 90-day period starts over with the resubmission of the 
revised monitoring plan.
    (4) The approval by the Administrator of a site-specific monitoring 
plan will be based on the completeness, accuracy and reasonableness of 
the request for a site-specific monitoring plan. Factors that the 
Administrator will consider in reviewing the request for a site-specific 
monitoring plan include, but are not limited to, those described in 
paragraphs (i)(4)(i) through (v) of this section.
    (i) The identification of the near-field source or sources. For 
onsite sources, the documentation provided that the onsite source is 
excluded under Sec.  63.640(g).
    (ii) The monitoring location selected to determine the uniform 
background concentration or an indication that no uniform background 
concentration monitor will be used.
    (iii) The location(s) selected for additional monitoring to 
determine the near-field source concentration contribution.
    (iv) The identification of the fenceline monitoring locations 
impacted by the near-field source or sources.
    (v) The appropriateness of the planned data reduction and 
calculations to determine the near-field

[[Page 128]]

source concentration contribution for each monitoring location.
    (vi) If more frequent monitoring is proposed, the adequacy of the 
description of the measurement and recording frequency proposed and the 
adequacy of the rationale for using the alternative monitoring 
frequency.
    (j) The owner or operator shall comply with the applicable 
recordkeeping and reporting requirements in Sec.  63.655(h) and (i).
    (k) As outlined in Sec.  63.7(f), the owner or operator may submit a 
request for an alternative test method. At a minimum, the request must 
follow the requirements outlined in paragraphs (k)(1) through (7) of 
this section.
    (1) The alternative method may be used in lieu of all or a partial 
number of passive samplers required in Method 325A of appendix A of this 
part.
    (2) The alternative method must be validated according to Method 301 
in appendix A of this part or contain performance based procedures and 
indicators to ensure self-validation.
    (3) The method detection limit must nominally be at least an order 
of magnitude below the action level, i.e., 0.9 [micro] g/m\3\ benzene. 
The alternate test method must describe the procedures used to provide 
field verification of the detection limit.
    (4) The spatial coverage must be equal to or better than the spatial 
coverage provided in Method 325A of appendix A of this part.
    (i) For path average concentration open-path instruments, the 
physical path length of the measurement shall be no more than a passive 
sample footprint (the spacing that would be provided by the sorbent 
traps when following Method 325A). For example, if Method 325A requires 
spacing monitors A and B 610 meters (2000 feet) apart, then the physical 
path length limit for the measurement at that portion of the fenceline 
shall be no more than 610 meters (2000 feet).
    (ii) For range resolved open-path instrument or approach, the 
instrument or approach must be able to resolve an average concentration 
over each passive sampler footprint within the path length of the 
instrument.
    (iii) The extra samplers required in Sections 8.2.1.3 of Method 325A 
may be omitted when they fall within the path length of an open-path 
instrument.
    (5) At a minimum, non-integrating alternative test methods must 
provide a minimum of one cycle of operation (sampling, analyzing, and 
data recording) for each successive 15-minute period.
    (6) For alternative test methods capable of real time measurements 
(less than a 5 minute sampling and analysis cycle), the alternative test 
method may allow for elimination of data points corresponding to outside 
emission sources for purpose of calculation of the high point for the 
two week average. The alternative test method approach must have wind 
speed, direction and stability class of the same time resolution and 
within the footprint of the instrument.
    (7) For purposes of averaging data points to determine the Dc for 
the 14-day average high sample result, all results measured under the 
method detection limit must use the method detection limit. For purposes 
of averaging data points for the 14-day average low sample result, all 
results measured under the method detection limit must use zero.

[80 FR 75254, Dec. 1, 2015, as amended at 81 FR 45241, July 13, 2016]



Sec.  63.660  Storage vessel provisions.

    On and after the applicable compliance date for a Group 1 storage 
vessel located at a new or existing source as specified in Sec.  
63.640(h), the owner or operator of a Group 1 storage vessel that is 
part of a new or existing source shall comply with the requirements in 
subpart WW or SS of this part according to the requirements in 
paragraphs (a) through (i) of this section.
    (a) As used in this section, all terms not defined in Sec.  63.641 
shall have the meaning given them in subpart A, WW, or SS of this part. 
The definitions of ``Group 1 storage vessel'' (paragraph (2)) and 
``Storage vessel'' in Sec.  63.641 shall apply in lieu of the definition 
of ``Storage vessel'' in Sec.  63.1061.
    (1) An owner or operator may use good engineering judgment or test 
results to determine the stored liquid weight percent total organic HAP 
for purposes of group determination. Data, assumptions, and procedures 
used in

[[Page 129]]

the determination shall be documented.
    (2) When an owner or operator and the Administrator do not agree on 
whether the annual average weight percent organic HAP in the stored 
liquid is above or below 4 percent for a storage vessel at an existing 
source or above or below 2 percent for a storage vessel at a new source, 
an appropriate method (based on the type of liquid stored) as published 
by EPA or a consensus-based standards organization shall be used. 
Consensus-based standards organizations include, but are not limited to, 
the following: ASTM International (100 Barr Harbor Drive, P.O. Box 
CB700, West Conshohocken, Pennsylvania 19428-B2959, (800) 262-1373, 
http://www.astm.org), the American National Standards Institute (ANSI, 
1819 L Street NW., 6th Floor, Washington, DC 20036, (202) 293-8020, 
http://www.ansi.org), the American Gas Association (AGA, 400 North 
Capitol Street NW., 4th Floor, Washington, DC 20001, (202) 824-7000, 
http://www.aga.org), the American Society of Mechanical Engineers (ASME, 
Three Park Avenue, New York, NY 10016-5990, (800) 843-2763, http://
www.asme.org), the American Petroleum Institute (API, 1220 L Street NW., 
Washington, DC 20005-4070, (202) 682-8000, http://www.api.org), and the 
North American Energy Standards Board (NAESB, 801 Travis Street, Suite 
1675, Houston, TX 77002, (713) 356-0060, http://www.naesb.org).
    (b) A floating roof storage vessel complying with the requirements 
of subpart WW of this part may comply with the control option specified 
in paragraph (b)(1) of this section and, if equipped with a ladder 
having at least one slotted leg, shall comply with one of the control 
options as described in paragraph (b)(2) of this section.
    (1) In addition to the options presented in Sec. Sec.  
63.1063(a)(2)(viii)(A) and (B) and 63.1064, a floating roof storage 
vessel may comply with Sec.  63.1063(a)(2)(vii) using a flexible 
enclosure device and either a gasketed or welded cap on the top of the 
guidepole.
    (2) Each opening through a floating roof for a ladder having at 
least one slotted leg shall be equipped with one of the configurations 
specified in paragraphs (b)(2)(i) through (iii) of this section.
    (i) A pole float in the slotted leg and pole wipers for both legs. 
The wiper or seal of the pole float must be at or above the height of 
the pole wiper.
    (ii) A ladder sleeve and pole wipers for both legs of the ladder.
    (iii) A flexible enclosure device and either a gasketed or welded 
cap on the top of the slotted leg.
    (c) For the purposes of this subpart, references shall apply as 
specified in paragraphs (c)(1) through (6) of this section.
    (1) All references to ``the proposal date for a referencing 
subpart'' and ``the proposal date of the referencing subpart'' in 
subpart WW of this part mean June 30, 2014.
    (2) All references to ``promulgation of the referencing subpart'' 
and ``the promulgation date of the referencing subpart'' in subpart WW 
of this part mean February 1, 2016.
    (3) All references to ``promulgation date of standards for an 
affected source or affected facility under a referencing subpart'' in 
subpart SS of this part mean February 1, 2016.
    (4) All references to ``the proposal date of the relevant standard 
established pursuant to CAA section 112(f)'' in subpart SS of this part 
mean June 30, 2014.
    (5) All references to ``the proposal date of a relevant standard 
established pursuant to CAA section 112(d)'' in subpart SS of this part 
mean July 14, 1994.
    (6) All references to the ``required control efficiency'' in subpart 
SS of this part mean reduction of organic HAP emissions by 95 percent or 
to an outlet concentration of 20 ppmv.
    (d) For an uncontrolled fixed roof storage vessel that commenced 
construction on or before June 30, 2014, and that meets the definition 
of ``Group 1 storage vessel'', paragraph (2), in Sec.  63.641 but not 
the definition of ``Group 1 storage vessel'', paragraph (1), in Sec.  
63.641, the requirements of Sec.  63.982 and/or Sec.  63.1062 do not 
apply until the next time the storage vessel is completely emptied and 
degassed, or January 30, 2026, whichever occurs first.

[[Page 130]]

    (e) Failure to perform inspections and monitoring required by this 
section shall constitute a violation of the applicable standard of this 
subpart.
    (f) References in Sec.  63.1066(a) to initial startup notification 
requirements do not apply.
    (g) References to the Notification of Compliance Status in Sec.  
63.999(b) mean the Notification of Compliance Status required by Sec.  
63.655(f).
    (h) References to the Periodic Reports in Sec. Sec.  63.1066(b) and 
63.999(c) mean the Periodic Report required by Sec.  63.655(g).
    (i) Owners or operators electing to comply with the requirements in 
subpart SS of this part for a Group 1 storage vessel must comply with 
the requirements in paragraphs (i)(1) through (3) of this section.
    (1) If a flare is used as a control device, the flare shall meet the 
requirements of Sec.  63.670 instead of the flare requirements in Sec.  
63.987.
    (2) If a closed vent system contains a bypass line, the owner or 
operator shall comply with the provisions of either Sec.  
63.983(a)(3)(i) or (ii) for each closed vent system that contains bypass 
lines that could divert a vent stream either directly to the atmosphere 
or to a control device that does not comply with the requirements in 
subpart SS of this part. Except as provided in paragraphs (i)(2)(i) and 
(ii) of this section, use of the bypass at any time to divert a Group 1 
storage vessel to either directly to the atmosphere or to a control 
device that does not comply with the requirements in subpart SS of this 
part is an emissions standards violation. Equipment such as low leg 
drains and equipment subject to Sec.  63.648 are not subject to this 
paragraph (i)(2).
    (i) If planned routine maintenance of the control device cannot be 
performed during periods that storage vessel emissions are vented to the 
control device or when the storage vessel is taken out of service for 
inspections or other planned maintenance reasons, the owner or operator 
may bypass the control device.
    (ii) Periods for which storage vessel control device may be bypassed 
for planned routine maintenance of the control device shall not exceed 
240 hours per calendar year.
    (3) If storage vessel emissions are routed to a fuel gas system or 
process, the fuel gas system or process shall be operating at all times 
when regulated emissions are routed to it. The exception in Sec.  
63.984(a)(1) does not apply.

[80 FR 75257, Dec. 1, 2015]



Sec.  63.670  Requirements for flare control devices.

    On or before January 30, 2019, the owner or operator of a flare used 
as a control device for an emission point subject to this subpart shall 
meet the applicable requirements for flares as specified in paragraphs 
(a) through (q) of this section and the applicable requirements in Sec.  
63.671. The owner or operator may elect to comply with the requirements 
of paragraph (r) of this section in lieu of the requirements in 
paragraphs (d) through (f) of this section, as applicable.

                             (a) [Reserved]

    (b) Pilot flame presence. The owner or operator shall operate each 
flare with a pilot flame present at all times when regulated material is 
routed to the flare. Each 15-minute block during which there is at least 
one minute where no pilot flame is present when regulated material is 
routed to the flare is a deviation of the standard. Deviations in 
different 15-minute blocks from the same event are considered separate 
deviations. The owner or operator shall monitor for the presence of a 
pilot flame as specified in paragraph (g) of this section.
    (c) Visible emissions. The owner or operator shall specify the 
smokeless design capacity of each flare and operate with no visible 
emissions, except for periods not to exceed a total of 5 minutes during 
any 2 consecutive hours, when regulated material is routed to the flare 
and the flare vent gas flow rate is less than the smokeless design 
capacity of the flare. The owner or operator shall monitor for visible 
emissions from the flare as specified in paragraph (h) of this section.
    (d) Flare tip velocity. For each flare, the owner or operator shall 
comply with either paragraph (d)(1) or (2) of this section, provided the 
appropriate

[[Page 131]]

monitoring systems are in-place, whenever regulated material is routed 
to the flare for at least 15-minutes and the flare vent gas flow rate is 
less than the smokeless design capacity of the flare.
    (1) Except as provided in paragraph (d)(2) of this section, the 
actual flare tip velocity (Vtip) must be less than 60 feet 
per second. The owner or operator shall monitor Vtipusing the 
procedures specified in paragraphs (i) and (k) of this section.
    (2) Vtip must be less than 400 feet per second and also 
less than the maximum allowed flare tip velocity (Vmax) as 
calculated according to the following equation. The owner or operator 
shall monitor Vtip using the procedures specified in paragraphs (i) and 
(k) of this section and monitor gas composition and determine 
NHVvg using the procedures specified in paragraphs (j) and 
(l) of this section.
[GRAPHIC] [TIFF OMITTED] TR01DE15.008

Where:

Vmax = Maximum allowed flare tip velocity, ft/sec.
NHVvg = Net heating value of flare vent gas, as determined by 
          paragraph (l)(4) of this section, Btu/scf.
1,212 = Constant.
850 = Constant.

    (e) Combustion zone operating limits. For each flare, the owner or 
operator shall operate the flare to maintain the net heating value of 
flare combustion zone gas (NHVcz) at or above 270 British 
thermal units per standard cubic feet (Btu/scf) determined on a 15-
minute block period basis when regulated material is routed to the flare 
for at least 15-minutes. The owner or operator shall monitor and 
calculate NHVcz as specified in paragraph (m) of this 
section.
    (f) Dilution operating limits for flares with perimeter assist air. 
For each flare actively receiving perimeter assist air, the owner or 
operator shall operate the flare to maintain the net heating value 
dilution parameter (NHVdil) at or above 22 British thermal units per 
square foot (Btu/ft\2\) determined on a 15-minute block period basis 
when regulated material is being routed to the flare for at least 15-
minutes. The owner or operator shall monitor and calculate 
NHVdil as specified in paragraph (n) of this section.
    (g) Pilot flame monitoring. The owner or operator shall continuously 
monitor the presence of the pilot flame(s) using a device (including, 
but not limited to, a thermocouple, ultraviolet beam sensor, or infrared 
sensor) capable of detecting that the pilot flame(s) is present.
    (h) Visible emissions monitoring. The owner or operator shall 
monitor visible emissions while regulated materials are vented to the 
flare. An initial visible emissions demonstration must be conducted 
using an observation period of 2 hours using Method 22 at 40 CFR part 
60, appendix A-7. Subsequent visible emissions observations must be 
conducted using either the methods in paragraph (h)(1) of this section 
or, alternatively, the methods in paragraph (h)(2) of this section. The 
owner or operator must record and report any instances where visible 
emissions are observed for more than 5 minutes during any 2 consecutive 
hours as specified in Sec.  63.655(g)(11)(ii).
    (1) At least once per day, conduct visible emissions observations 
using an observation period of 5 minutes using Method 22 at 40 CFR part 
60, appendix A-7. If at any time the owner or operator sees visible 
emissions, even if the minimum required daily visible emission 
monitoring has already been performed, the owner or operator shall 
immediately begin an observation period of 5 minutes using Method 22 at 
40 CFR part 60, appendix A-7. If visible emissions are observed for more 
than one continuous minute during any 5-minute observation period, the 
observation period using Method 22 at 40

[[Page 132]]

CFR part 60, appendix A-7 must be extended to 2 hours or until 5-minutes 
of visible emissions are observed.
    (2) Use a video surveillance camera to continuously record (at least 
one frame every 15 seconds with time and date stamps) images of the 
flare flame and a reasonable distance above the flare flame at an angle 
suitable for visual emissions observations. The owner or operator must 
provide real-time video surveillance camera output to the control room 
or other continuously manned location where the camera images may be 
viewed at any time.
    (i) Flare vent gas, steam assist and air assist flow rate 
monitoring. The owner or operator shall install, operate, calibrate, and 
maintain a monitoring system capable of continuously measuring, 
calculating, and recording the volumetric flow rate in the flare header 
or headers that feed the flare as well as any supplemental natural gas 
used. Different flow monitoring methods may be used to measure different 
gaseous streams that make up the flare vent gas provided that the flow 
rates of all gas streams that contribute to the flare vent gas are 
determined. If assist air or assist steam is used, the owner or operator 
shall install, operate, calibrate, and maintain a monitoring system 
capable of continuously measuring, calculating, and recording the 
volumetric flow rate of assist air and/or assist steam used with the 
flare. If pre-mix assist air and perimeter assist are both used, the 
owner or operator shall install, operate, calibrate, and maintain a 
monitoring system capable of separately measuring, calculating, and 
recording the volumetric flow rate of premix assist air and perimeter 
assist air used with the flare. Continuously monitoring fan speed or 
power and using fan curves is an acceptable method for continuously 
monitoring assist air flow rates.
    (1) The flow rate monitoring systems must be able to correct for the 
temperature and pressure of the system and output parameters in standard 
conditions (i.e., a temperature of 20  deg.C (68[emsp14]  deg.F) and a 
pressure of 1 atmosphere).
    (2) Mass flow monitors may be used for determining volumetric flow 
rate of flare vent gas provided the molecular weight of the flare vent 
gas is determined using compositional analysis as specified in paragraph 
(j) of this section so that the mass flow rate can be converted to 
volumetric flow at standard conditions using the following equation.
[GRAPHIC] [TIFF OMITTED] TR01DE15.009

Where:

Qvol = Volumetric flow rate, standard cubic feet per second.
Qmass = Mass flow rate, pounds per second.
385.3 = Conversion factor, standard cubic feet per pound-mole.
MWt = Molecular weight of the gas at the flow monitoring location, 
          pounds per pound-mole.

    (3) Mass flow monitors may be used for determining volumetric flow 
rate of assist air or assist steam. Use equation in paragraph (i)(2) of 
this section to convert mass flow rates to volumetric flow rates. Use a 
molecular weight of 18 pounds per pound-mole for assist steam and use a 
molecular weight of 29 pounds per pound-mole for assist air.
    (4) Continuous pressure/temperature monitoring system(s) and 
appropriate engineering calculations may be used in lieu of a continuous 
volumetric flow monitoring systems provided the molecular weight of the 
gas is known. For assist steam, use a molecular weight of 18 pounds per 
pound-mole. For assist air, use a molecular weight of 29 pounds per 
pound-mole. For flare vent gas, molecular weight must be determined 
using compositional analysis as specified in paragraph (j) of this 
section.
    (j) Flare vent gas composition monitoring. The owner or operator 
shall determine the concentration of individual components in the flare 
vent gas

[[Page 133]]

using either the methods provided in paragraph (j)(1) or (2) of this 
section, to assess compliance with the operating limits in paragraph (e) 
of this section and, if applicable, paragraphs (d) and (f) of this 
section. Alternatively, the owner or operator may elect to directly 
monitor the net heating value of the flare vent gas following the 
methods provided in paragraphs (j)(3) of this section and, if desired, 
may directly measure the hydrogen concentration in the flare vent gas 
following the methods provided in paragraphs (j)(4) of this section. The 
owner or operator may elect to use different monitoring methods for 
different gaseous streams that make up the flare vent gas using 
different methods provided the composition or net heating value of all 
gas streams that contribute to the flare vent gas are determined.
    (1) Except as provided in paragraphs (j)(5) and (6) of this section, 
the owner or operator shall install, operate, calibrate, and maintain a 
monitoring system capable of continuously measuring (i.e., at least once 
every 15-minutes), calculating, and recording the individual component 
concentrations present in the flare vent gas.
    (2) Except as provided in paragraphs (j)(5) and (6) of this section, 
the owner or operator shall install, operate, and maintain a grab 
sampling system capable of collecting an evacuated canister sample for 
subsequent compositional analysis at least once every eight hours while 
there is flow of regulated material to the flare. Subsequent 
compositional analysis of the samples must be performed according to 
Method 18 of 40 CFR part 60, appendix A-6, ASTM D6420-99 (Reapproved 
2010), ASTM D1945-03 (Reapproved 2010), ASTM D1945-14 or ASTM UOP539-12 
(all incorporated by reference--see Sec.  63.14).
    (3) Except as provided in paragraphs (j)(5) and (6) of this section, 
the owner or operator shall install, operate, calibrate, and maintain a 
calorimeter capable of continuously measuring, calculating, and 
recording NHVvg at standard conditions.
    (4) If the owner or operator uses a continuous net heating value 
monitor according to paragraph (j)(3) of this section, the owner or 
operator may, at their discretion, install, operate, calibrate, and 
maintain a monitoring system capable of continuously measuring, 
calculating, and recording the hydrogen concentration in the flare vent 
gas.
    (5) Direct compositional or net heating value monitoring is not 
required for purchased (``pipeline quality'') natural gas streams. The 
net heating value of purchased natural gas streams may be determined 
using annual or more frequent grab sampling at any one representative 
location. Alternatively, the net heating value of any purchased natural 
gas stream can be assumed to be 920 Btu/scf.
    (6) Direct compositional or net heating value monitoring is not 
required for gas streams that have been demonstrated to have consistent 
composition (or a fixed minimum net heating value) according to the 
methods in paragraphs (j)(6)(i) through (v) of this section.
    (i) The owner or operator shall submit to the Administrator a 
written application for an exemption from monitoring. The application 
must contain the following information:
    (A) A description of the flare gas stream/system to be considered, 
including submission of a portion of the appropriate piping diagrams 
indicating the boundaries of the flare gas stream/system and the 
affected flare(s) to be considered;
    (B) A statement that there are no crossover or entry points to be 
introduced into the flare gas stream/system (this should be shown in the 
piping diagrams) prior to the point where the flow rate of the gas 
streams is measured;
    (C) An explanation of the conditions that ensure that the flare gas 
net heating value is consistent and, if flare gas net heating value is 
expected to vary (e.g., due to product loading of different material), 
the conditions expected to produce the flare gas with the lowest net 
heating value;
    (D) The supporting test results from sampling the requested flare 
gas stream/system for the net heating value. Sampling data must include, 
at minimum, 2 weeks of daily measurement values (14 grab samples) for 
frequently operated flare gas streams/systems; for infrequently operated 
flare

[[Page 134]]

gas streams/systems, seven grab samples must be collected unless other 
additional information would support reduced sampling. If the flare gas 
stream composition can vary, samples must be taken during those 
conditions expected to result in lowest net heating value identified in 
paragraph (j)(6)(i)(C) of this section. The owner or operator shall 
determine net heating value for the gas stream using either gas 
composition analysis or net heating value monitor (with optional 
hydrogen concentration analyzer) according to the method provided in 
paragraph (l) of this section; and
    (E) A description of how the 2 weeks (or seven samples for 
infrequently operated flare gas streams/systems) of monitoring results 
compares to the typical range of net heating values expected for the 
flare gas stream/system going to the affected flare (e.g., ``the samples 
are representative of typical operating conditions of the flare gas 
stream going to the loading rack flare'' or ``the samples are 
representative of conditions expected to yield the lowest net heating 
value of the flare gas stream going to the loading rack flare'').
    (F) The net heating value to be used for all flows of the flare vent 
gas from the flare gas stream/system covered in the application. A 
single net heating value must be assigned to the flare vent gas either 
by selecting the lowest net heating value measured in the sampling 
program or by determining the 95th percent confidence interval on the 
mean value of all samples collected using the t-distribution statistic 
(which is 1.943 for 7 grab samples or 1.771 for 14 grab samples).
    (ii) The effective date of the exemption is the date of submission 
of the information required in paragraph (j)(6)(i) of this section.
    (iii) No further action is required unless refinery operating 
conditions change in such a way that affects the exempt fuel gas stream/
system (e.g., the stream composition changes). If such a change occurs, 
the owner or operator shall follow the procedures in paragraph 
(j)(6)(iii)(A), (B), or (C) of this section.
    (A) If the operation change results in a flare vent gas net heating 
value that is still within the range of net heating values included in 
the original application, the owner or operator shall determine the net 
heating value on a grab sample and record the results as proof that the 
net heating value assigned to the vent gas stream in the original 
application is still appropriate.
    (B) If the operation change results in a flare vent gas net heating 
value that is lower than the net heating value assigned to the vent gas 
stream in the original application, the owner or operator may submit new 
information following the procedures of paragraph (j)(6)(i) of this 
section within 60 days (or within 30 days after the seventh grab sample 
is tested for infrequently operated process units).
    (C) If the operation change results in a flare vent gas net heating 
value has greater variability in the flare gas stream/system such the 
owner or operator chooses not to submit new information to support an 
exemption, the owner or operator must begin monitoring the composition 
or net heat content of the flare vent gas stream using the methods in 
this section (i.e., grab samples every 8 hours until such time a 
continuous monitor, if elected, is installed).
    (k) Calculation methods for cumulative flow rates and determining 
compliance with Vtip operating limits. The owner or operator shall 
determine Vtip on a 15-minute block average basis according 
to the following requirements.
    (1) The owner or operator shall use design and engineering 
principles to determine the unobstructed cross sectional area of the 
flare tip. The unobstructed cross sectional area of the flare tip is the 
total tip area that vent gas can pass through. This area does not 
include any stability tabs, stability rings, and upper steam or air 
tubes because flare vent gas does not exit through them.
    (2) The owner or operator shall determine the cumulative volumetric 
flow of flare vent gas for each 15-minute block average period using the 
data from the continuous flow monitoring system required in paragraph 
(i) of this section according to the following requirements, as 
applicable. If desired, the cumulative flow rate for a 15-

[[Page 135]]

minute block period only needs to include flow during those periods when 
regulated material is sent to the flare, but owners or operators may 
elect to calculate the cumulative flow rates across the entire 15-minute 
block period for any 15-minute block period where there is regulated 
material flow to the flare.
    (i) Use set 15-minute time periods starting at 12 midnight to 12:15 
a.m., 12:15 a.m. to 12:30 a.m. and so on concluding at 11:45 p.m. to 
midnight when calculating 15-minute block average flow volumes.
    (ii) If continuous pressure/temperature monitoring system(s) and 
engineering calculations are used as allowed under paragraph (i)(4) of 
this section, the owner or operator shall, at a minimum, determine the 
15-minute block average temperature and pressure from the monitoring 
system and use those values to perform the engineering calculations to 
determine the cumulative flow over the 15-minute block average period. 
Alternatively, the owner or operator may divide the 15-minute block 
average period into equal duration subperiods(e.g., three 5-minute 
periods) and determine the average temperature and pressure for each 
subperiod, perform engineering calculations to determine the flow for 
each subperiod, then add the volumetric flows for the subperiods to 
determine the cumulative volumetric flow of vent gas for the 15-minute 
block average period.
    (3) The 15-minute block average Vtip shall be calculated 
using the following equation.
[GRAPHIC] [TIFF OMITTED] TR01DE15.010

Where:

Vtip = Flare tip velocity, feet per second.
Qcum = Cumulative volumetric flow over 15-minute block 
          average period, actual cubic feet.
Area = Unobstructed area of the flare tip, square feet.
900 = Conversion factor, seconds per 15-minute block average.

    (4) If the owner or operator chooses to comply with paragraph (d)(2) 
of this section, the owner or operator shall also determine the net 
heating value of the flare vent gas following the requirements in 
paragraphs (j) and (l) of this section and calculate Vmax 
using the equation in paragraph (d)(2) of this section in order to 
compare Vtip to Vmax on a 15-minute block average 
basis.
    (l) Calculation methods for determining flare vent gas net heating 
value. The owner or operator shall determine the net heating value of 
the flare vent gas (NHVvg) based on the composition 
monitoring data on a 15-minute block average basis according to the 
following requirements.
    (1) If compositional analysis data are collected as provided in 
paragraph (j)(1) or (2) of this section, the owner or operator shall 
determine NHVvg of a specific sample by using the following 
equation.
[GRAPHIC] [TIFF OMITTED] TR01DE15.011

Where:

NHVvg = Net heating value of flare vent gas, Btu/scf.
i = Individual component in flare vent gas.
n = Number of components in flare vent gas.
xi = Concentration of component i in flare vent gas, volume 
          fraction.
NHVi = Net heating value of component i according to table 12 
          of this subpart, Btu/scf. If the component is not specified in

[[Page 136]]

          table 12 of this subpart, the heats of combustion may be 
          determined using any published values where the net enthalpy 
          per mole of offgas is based on combustion at 25  deg.C and 1 
          atmosphere (or constant pressure) with offgas water in the 
          gaseous state, but the standard temperature for determining 
          the volume corresponding to one mole of vent gas is 20  deg.C.

    (2) If direct net heating value monitoring data are collected as 
provided in paragraph (j)(3) of this section but a hydrogen 
concentration monitor is not used, the owner or operator shall use the 
direct output of the monitoring system(s) (in Btu/scf) to determine the 
NHVvg for the sample.
    (3) If direct net heating value monitoring data are collected as 
provided in paragraph (j)(3) of this section and hydrogen concentration 
monitoring data are collected as provided in paragraph (j)(4) of this 
section, the owner or operator shall use the following equation to 
determine NHVvg for each sample measured via the net heating 
value monitoring system.


NHVvg = NHVmeasured + 938xH2

Where:

NHVvg = Net heating value of flare vent gas, Btu/scf.

NHVmeasured = Net heating value of flare vent gas stream as 
          measured by the continuous net heating value monitoring 
          system, Btu/scf.
xH2 = Concentration of hydrogen in flare vent gas at the time the sample 
          was input into the net heating value monitoring system, volume 
          fraction.
938 = Net correction for the measured heating value of hydrogen (1,212 - 
          274), Btu/scf.

    (4) Use set 15-minute time periods starting at 12 midnight to 12:15 
a.m., 12:15 a.m. to 12:30 a.m. and so on concluding at 11:45 p.m. to 
midnight when calculating 15-minute block averages.
    (5) When a continuous monitoring system is used as provided in 
paragraph (j)(1) or (3) of this section and, if applicable, paragraph 
(j)(4) of this section, the owner or operator may elect to determine the 
15-minute block average NHVvg using either the calculation 
methods in paragraph (l)(5)(i) of this section or the calculation 
methods in paragraph (l)(5)(ii) of this section. The owner or operator 
may choose to comply using the calculation methods in paragraph 
(l)(5)(i) of this section for some flares at the petroleum refinery and 
comply using the calculation methods (l)(5)(ii) of this section for 
other flares. However, for each flare, the owner or operator must elect 
one calculation method that will apply at all times, and use that method 
for all continuously monitored flare vent streams associated with that 
flare. If the owner or operator intends to change the calculation method 
that applies to a flare, the owner or operator must notify the 
Administrator 30 days in advance of such a change.
    (i) Feed-forward calculation method. When calculating 
NHVvg for a specific 15-minute block:
    (A) Use the results from the first sample collected during an event, 
(for periodic flare vent gas flow events) for the first 15-minute block 
associated with that event.
    (B) If the results from the first sample collected during an event 
(for periodic flare vent gas flow events) are not available until after 
the second 15-minute block starts, use the results from the first sample 
collected during an event for the second 15-minute block associated with 
that event.
    (C) For all other cases, use the results that are available from the 
most recent sample prior to the 15-minute block period for that 15-
minute block period for all flare vent gas steams. For the purpose of 
this requirement, use the time that the results become available rather 
than the time the sample was collected. For example, if a sample is 
collected at 12:25 a.m. and the analysis is completed at 12:38 a.m., the 
results are available at 12:38 a.m. and these results would be used to 
determine compliance during the 15-minute block period from 12:45 a.m. 
to 1:00 a.m.
    (ii) Direct calculation method. When calculating NHVvg 
for a specific 15-minute block:
    (A) If the results from the first sample collected during an event 
(for periodic flare vent gas flow events) are not available until after 
the second 15-minute block starts, use the results from the first sample 
collected during an event for the first 15-minute block associated with 
that event.

[[Page 137]]

    (B) For all other cases, use the arithmetic average of all 
NHVvg measurement data results that become available during a 
15-minute block to calculate the 15-minute block average for that 
period. For the purpose of this requirement, use the time that the 
results become available rather than the time the sample was collected. 
For example, if a sample is collected at 12:25 a.m. and the analysis is 
completed at 12:38 a.m., the results are available at 12:38 a.m. and 
these results would be used to determine compliance during the 15-minute 
block period from 12:30 a.m. to 12:45 a.m.
    (6) When grab samples are used to determine flare vent gas 
composition:
    (i) Use the analytical results from the first grab sample collected 
for an event for all 15-minute periods from the start of the event 
through the 15-minute block prior to the 15-minute block in which a 
subsequent grab sample is collected.
    (ii) Use the results from subsequent grab sampling events for all 15 
minute periods starting with the 15-minute block in which the sample was 
collected and ending with the 15-minute block prior to the 15-minute 
block in which the next grab sample is collected. For the purpose of 
this requirement, use the time the sample was collected rather than the 
time the analytical results become available.
    (7) If the owner or operator monitors separate gas streams that 
combine to comprise the total flare vent gas flow, the 15-minute block 
average net heating value shall be determined separately for each 
measurement location according to the methods in paragraphs (l)(1) 
through (6) of this section and a flow-weighted average of the gas 
stream net heating values shall be used to determine the 15-minute block 
average net heating value of the cumulative flare vent gas.
    (m) Calculation methods for determining combustion zone net heating 
value. The owner or operator shall determine the net heating value of 
the combustion zone gas (NHVcz) as specified in paragraph 
(m)(1) or (2) of this section, as applicable.
    (1) Except as specified in paragraph (m)(2) of this section, 
determine the 15-minute block average NHVcz based on the 15-
minute block average vent gas and assist gas flow rates using the 
following equation. For periods when there is no assist steam flow or 
premix assist air flow, NHVcz = NHVvg.
[GRAPHIC] [TIFF OMITTED] TR01DE15.012

Where:

NHVcz = Net heating value of combustion zone gas, Btu/scf.
NHVvg = Net heating value of flare vent gas for the 15-minute 
          block period, Btu/scf.
Qvg = Cumulative volumetric flow of flare vent gas during the 
          15-minute block period, scf.
Qs = Cumulative volumetric flow of total steam during the 15-
          minute block period, scf.
Qa,premix = Cumulative volumetric flow of premix assist air 
          during the 15-minute block period, scf.

    (2) Owners or operators of flares that use the feed-forward 
calculation methodology in paragraph (l)(5)(i) of this section and that 
monitor gas composition or net heating value in a location 
representative of the cumulative vent gas stream and that directly 
monitor supplemental natural gas flow additions to the flare must 
determine the 15-minute block average NHVcz using the 
following equation.
[GRAPHIC] [TIFF OMITTED] TR01DE15.013


[[Page 138]]


Where:

NHVcz = Net heating value of combustion zone gas, Btu/scf.
NHVvg = Net heating value of flare vent gas for the 15-minute 
          block period, Btu/scf.
Qvg = Cumulative volumetric flow of flare vent gas during the 
          15-minute block period, scf.
QNG2 = Cumulative volumetric flow of supplemental natural gas 
          to the flare during the 15-minute block period, scf.
QNG1 = Cumulative volumetric flow of supplemental natural gas 
          to the flare during the previous 15-minute block period, scf. 
          For the first 15-minute block period of an event, use the 
          volumetric flow value for the current 15-minute block period, 
          i.e., QNG1=QNG2.
NHVNG = Net heating value of supplemental natural gas to the 
          flare for the 15-minute block period determined according to 
          the requirements in paragraph (j)(5) of this section, Btu/scf.
Qs = Cumulative volumetric flow of total steam during the 15-
          minute block period, scf.
Qa,premix = Cumulative volumetric flow of premix assist air 
          during the 15-minute block period, scf.

    (n) Calculation methods for determining the net heating value 
dilution parameter. The owner or operator shall determine the net 
heating value dilution parameter (NHVdil) as specified in 
paragraph (n)(1) or (2) of this section, as applicable.
    (1) Except as specified in paragraph (n)(2) of this section, 
determine the 15-minute block average NHVdil based on the 15-
minute block average vent gas and perimeter assist air flow rates using 
the following equation only during periods when perimeter assist air is 
used. For 15-minute block periods when there is no cumulative volumetric 
flow of perimeter assist air, the 15-minute block average 
NHVdil parameter does not need to be calculated.
[GRAPHIC] [TIFF OMITTED] TR01DE15.014

Where:

NHVdil = Net heating value dilution parameter, Btu/ft\2\.
NHVvg = Net heating value of flare vent gas determined for 
          the 15-minute block period, Btu/scf.
Qvg = Cumulative volumetric flow of flare vent gas during the 
          15-minute block period, scf.
Diam = Effective diameter of the unobstructed area of the flare tip for 
          flare vent gas flow, ft. Use the area as determined in 
          paragraph (k)(1) of this section and determine the diameter as
          [GRAPHIC] [TIFF OMITTED] TR01DE15.015
          
Qs = Cumulative volumetric flow of total steam during the 15-
          minute block period, scf.
Qa,premix = Cumulative volumetric flow of premix assist air 
          during the 15-minute block period, scf.
Qa,perimeter = Cumulative volumetric flow of perimeter assist 
          air during the 15-minute block period, scf.

    (2) Owners or operators of flares that use the feed-forward 
calculation methodology in paragraph (l)(5)(i) of this section and that 
monitor gas composition or net heating value in a location 
representative of the cumulative vent gas stream and that directly 
monitor supplemental natural gas flow additions to the flare must 
determine the 15-minute block average NHVdil using the 
following equation only during periods when perimeter assist air is 
used. For 15-minute block periods when there is no cumulative volumetric 
flow of perimeter assist air, the 15-minute block average 
NHVdil parameter does not need to be calculated.

[[Page 139]]

[GRAPHIC] [TIFF OMITTED] TR01DE15.016

Where:

NHVdil = Net heating value dilution parameter, Btu/ft\2\.
NHVvg = Net heating value of flare vent gas determined for 
          the 15-minute block period, Btu/scf.
Qvg = Cumulative volumetric flow of flare vent gas during the 
          15-minute block period, scf.
QNG2 = Cumulative volumetric flow of supplemental natural gas 
          to the flare during the 15-minute block period, scf.
QNG1 = Cumulative volumetric flow of supplemental natural gas 
          to the flare during the previous 15-minute block period, scf. 
          For the first 15-minute block period of an event, use the 
          volumetric flow value for the current 15-minute block period, 
          i.e., QNG1 =QNG2.
NHVNG = Net heating value of supplemental natural gas to the 
          flare for the 15-minute block period determined according to 
          the requirements in paragraph (j)(5) of this section, Btu/scf.
Diam = Effective diameter of the unobstructed area of the flare tip for 
          flare vent gas flow, ft. Use the area as determined in 
          paragraph (k)(1) of this section and determine the diameter as
          [GRAPHIC] [TIFF OMITTED] TR01DE15.017
          
Qs = Cumulative volumetric flow of total steam during the 15-
          minute block period, scf.
Qa,premix = Cumulative volumetric flow of premix assist air 
          during the 15-minute block period, scf.
Qa,perimeter = Cumulative volumetric flow of perimeter assist 
          air during the 15-minute block period, scf.

    (o) Emergency flaring provisions. The owner or operator of a flare 
that has the potential to operate above its smokeless capacity under any 
circumstance shall comply with the provisions in paragraphs (o)(1) 
through (8) of this section.
    (1) Develop a flare management plan to minimize flaring during 
periods of startup, shutdown, or emergency releases. The flare 
management plan must include the information described in paragraphs 
(o)(1)(i) through (vii) of this section.
    (i) A listing of all refinery process units, ancillary equipment, 
and fuel gas systems connected to the flare for each affected flare.
    (ii) An assessment of whether discharges to affected flares from 
these process units, ancillary equipment and fuel gas systems can be 
minimized or prevented during periods of startup, shutdown, or emergency 
releases. The flare minimization assessment must (at a minimum) consider 
the items in paragraphs (o)(1)(ii)(A) through (C) of this section. The 
assessment must provide clear rationale in terms of costs (capital and 
annual operating), natural gas offset credits (if applicable), technical 
feasibility, secondary environmental impacts and safety considerations 
for the selected minimization alternative(s) or a statement, with 
justifications, that flow reduction could not be achieved. Based upon 
the assessment, each owner or operator of an affected flare shall 
identify the minimization alternatives that it has implemented by the 
due date of the flare management plan and shall include a schedule for 
the prompt implementation of any selected measures that cannot 
reasonably be completed as of that date.
    (A) Modification in startup and shutdown procedures to reduce the 
quantity of process gas discharge to the flare.
    (B) Implementation of prevention measures listed for pressure relief 
devices in Sec.  63.648(j)(5) for each pressure relief device that can 
discharge to the flare.
    (C) Installation of a flare gas recovery system or, for facilities 
that are

[[Page 140]]

fuel gas rich, a flare gas recovery system and a co-generation unit or 
combined heat and power unit.
    (iii) A description of each affected flare containing the 
information in paragraphs (o)(1)(iii)(A) through (G) of this section.
    (A) A general description of the flare, including whether it is a 
ground flare or elevated (including height), the type of assist system 
(e.g., air, steam, pressure, non-assisted), whether the flare is used on 
a routine basis or if it is only used during periods of startup, 
shutdown or emergency release, and whether the flare is equipped with a 
flare gas recovery system.
    (B) The smokeless capacity of the flare based on design conditions. 
Note: A single value must be provided for the smokeless capacity of the 
flare.
    (C) The maximum vent gas flow rate (hydraulic load capacity).
    (D) The maximum supplemental gas flow rate.
    (E) For flares that receive assist steam, the minimum total steam 
rate and the maximum total steam rate.
    (F) For flares that receive assist air, an indication of whether the 
fan/blower is single speed, multi-fixed speed (e.g., high, medium, and 
low speeds), or variable speeds. For fans/blowers with fixed speeds, 
provide the estimated assist air flow rate at each fixed speed. For 
variable speeds, provide the design fan curve (e.g., air flow rate as a 
function of power input).
    (G) Simple process flow diagram showing the locations of the flare 
following components of the flare: Flare tip (date installed, 
manufacturer, nominal and effective tip diameter, tip drawing); knockout 
or surge drum(s) or pot(s) (including dimensions and design capacities); 
flare header(s) and subheader(s); assist system; and ignition system.
    (iv) Description and simple process flow diagram showing all gas 
lines (including flare waste gas, purge or sweep gas (as applicable), 
supplemental gas) that are associated with the flare. For purge, sweep, 
supplemental gas, identify the type of gas used. Designate which lines 
are exempt from composition or net heating value monitoring and why 
(e.g., natural gas, gas streams that have been demonstrated to have 
consistent composition, pilot gas). Designate which lines are monitored 
and identify on the process flow diagram the location and type of each 
monitor. Designate the pressure relief devices that are vented to the 
flare.
    (v) For each flow rate, gas composition, net heating value or 
hydrogen concentration monitor identified in paragraph (o)(1)(iv) of 
this section, provide a detailed description of the manufacturer's 
specifications, including, but not limited to, make, model, type, range, 
precision, accuracy, calibration, maintenance and quality assurance 
procedures.
    (vi) For each pressure relief device vented to the flare identified 
in paragraph (o)(1)(iv) of this section, provide a detailed description 
of each pressure release device, including type of relief device 
(rupture disc, valve type) diameter of the relief device opening, set 
pressure of the relief device and listing of the prevention measures 
implemented. This information may be maintained in an electronic 
database on-site and does not need to be submitted as part of the flare 
management plan unless requested to do so by the Administrator.
    (vii) Procedures to minimize or eliminate discharges to the flare 
during the planned startup and shutdown of the refinery process units 
and ancillary equipment that are connected to the affected flare, 
together with a schedule for the prompt implementation of any procedures 
that cannot reasonably be implemented as of the date of the submission 
of the flare management plan.
    (2) Each owner or operator required to develop and implement a 
written flare management plan as described in paragraph (o)(1) of this 
section must submit the plan to the Administrator as described in 
paragraphs (o)(2)(i) through (iii) of this section.
    (i) The owner or operator must develop and implement the flare 
management plan no later than January 30, 2019 or at startup for a new 
flare that commenced construction on or after February 1, 2016.
    (ii) The owner or operator must comply with the plan as submitted by 
the date specified in paragraph (o)(2)(i) of

[[Page 141]]

this section. The plan should be updated periodically to account for 
changes in the operation of the flare, such as new connections to the 
flare or the installation of a flare gas recovery system, but the plan 
need be re-submitted to the Administrator only if the owner or operator 
alters the design smokeless capacity of the flare. The owner or operator 
must comply with the updated plan as submitted.
    (iii) All versions of the plan submitted to the Administrator shall 
also be submitted to the following address: U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards, Sector 
Policies and Programs Division, U.S. EPA Mailroom (E143-01), Attention: 
Refinery Sector Lead, 109 T.W. Alexander Drive, Research Triangle Park, 
NC 27711. Electronic copies in lieu of hard copies may also be submitted 
to [email protected]
    (3) The owner or operator of a flare subject to this subpart shall 
conduct a root cause analysis and a corrective action analysis for each 
flow event that contains regulated material and that meets either the 
criteria in paragraph (o)(3)(i) or (ii) of this section.
    (i) The vent gas flow rate exceeds the smokeless capacity of the 
flare and visible emissions are present from the flare for more than 5 
minutes during any 2 consecutive hours during the release event.
    (ii) The vent gas flow rate exceeds the smokeless capacity of the 
flare and the 15-minute block average flare tip velocity exceeds the 
maximum flare tip velocity determined using the methods in paragraph 
(d)(2) of this section.
    (4) A root cause analysis and corrective action analysis must be 
completed as soon as possible, but no later than 45 days after a flare 
flow event meeting the criteria in paragraph (o)(3)(i) or (ii) of this 
section. Special circumstances affecting the number of root cause 
analyses and/or corrective action analyses are provided in paragraphs 
(o)(4)(i) through (v) of this section.
    (i) You may conduct a single root cause analysis and corrective 
action analysis for a single continuous flare flow event that meets both 
of the criteria in paragraphs (o)(3)(i) and (ii) of this section.
    (ii) You may conduct a single root cause analysis and corrective 
action analysis for a single continuous flare flow event regardless of 
the number of 15-minute block periods in which the flare tip velocity 
was exceeded or the number of 2 hour periods that contain more the 5 
minutes of visible emissions.
    (iii) You may conduct a single root cause analysis and corrective 
action analysis for a single event that causes two or more flares that 
are operated in series (i.e., cascaded flare systems) to have a flow 
event meeting the criteria in paragraph (o)(3)(i) or (ii) of this 
section.
    (iv) You may conduct a single root cause analysis and corrective 
action analysis for a single event that causes two or more flares to 
have a flow event meeting the criteria in paragraph (o)(3)(i) or (ii) of 
this section, regardless of the configuration of the flares, if the root 
cause is reasonably expected to be a force majeure event, as defined in 
this subpart.
    (v) Except as provided in paragraphs (o)(4)(iii) and (iv) of this 
section, if more than one flare has a flow event that meets the criteria 
in paragraph (o)(3)(i) or (ii) of this section during the same time 
period, an initial root cause analysis shall be conducted separately for 
each flare that has a flow event meeting the criteria in paragraph 
(o)(3)(i) or (ii) of this section. If the initial root cause analysis 
indicates that the flow events have the same root cause(s), the 
initially separate root cause analyses may be recorded as a single root 
cause analysis and a single corrective action analysis may be conducted.
    (5) Each owner or operator of a flare required to conduct a root 
cause analysis and corrective action analysis as specified in paragraphs 
(o)(3) and (4) of this section shall implement the corrective action(s) 
identified in the corrective action analysis in accordance with the 
applicable requirements in paragraphs (o)(5)(i) through (iii) of this 
section.
    (i) All corrective action(s) must be implemented within 45 days of 
the event for which the root cause and corrective action analyses were 
required or as soon thereafter as practicable. If

[[Page 142]]

an owner or operator concludes that no corrective action should be 
implemented, the owner or operator shall record and explain the basis 
for that conclusion no later than 45 days following the event.
    (ii) For corrective actions that cannot be fully implemented within 
45 days following the event for which the root cause and corrective 
action analyses were required, the owner or operator shall develop an 
implementation schedule to complete the corrective action(s) as soon as 
practicable.
    (iii) No later than 45 days following the event for which a root 
cause and corrective action analyses were required, the owner or 
operator shall record the corrective action(s) completed to date, and, 
for action(s) not already completed, a schedule for implementation, 
including proposed commencement and completion dates.
    (6) The owner or operator shall determine the total number of events 
for which a root cause and corrective action analyses was required 
during the calendar year for each affected flare separately for events 
meeting the criteria in paragraph (o)(3)(i) of this section and those 
meeting the criteria in paragraph (o)(3)(ii) of this section. For the 
purpose of this requirement, a single root cause analysis conducted for 
an event that met both of the criteria in paragraphs (o)(3)(i) and (ii) 
of this section would be counted as an event under each of the separate 
criteria counts for that flare. Additionally, if a single root cause 
analysis was conducted for an event that caused multiple flares to meet 
the criteria in paragraph (o)(3)(i) or (ii) of this section, that event 
would count as an event for each of the flares for each criteria in 
paragraph (o)(3) of this section that was met during that event. The 
owner or operator shall also determine the total number of events for 
which a root cause and correct action analyses was required and the 
analyses concluded that the root cause was a force majeure event, as 
defined in this subpart.
    (7) The following events would be a violation of this emergency 
flaring work practice standard.
    (i) Any flow event for which a root cause analysis was required and 
the root cause was determined to be operator error or poor maintenance.
    (ii) Two visible emissions exceedance events meeting the criteria in 
paragraph (o)(3)(i) of this section that were not caused by a force 
majeure event from a single flare in a 3 calendar year period for the 
same root cause for the same equipment.
    (iii) Two flare tip velocity exceedance events meeting the criteria 
in paragraph (o)(3)(ii) of this section that were not caused by a force 
majeure event from a single flare in a 3 calendar year period for the 
same root cause for the same equipment.
    (iv) Three visible emissions exceedance events meeting the criteria 
in paragraph (o)(3)(i) of this section that were not caused by a force 
majeure event from a single flare in a 3 calendar year period for any 
reason.
    (v) Three flare tip velocity exceedance events meeting the criteria 
in paragraph (o)(3)(ii) of this section that were not caused by a force 
majeure event from a single flare in a 3 calendar year period for any 
reason.
    (p) Flare monitoring records. The owner or operator shall keep the 
records specified in Sec.  63.655(i)(9).
    (q) Reporting. The owner or operator shall comply with the reporting 
requirements specified in Sec.  63.655(g)(11).
    (r) Alternative means of emissions limitation. An owner or operator 
may request approval from the Administrator for site-specific operating 
limits that shall apply specifically to a selected flare. Site-specific 
operating limits include alternative threshold values for the parameters 
specified in paragraphs (d) through (f) of this section as well as 
threshold values for operating parameters other than those specified in 
paragraphs (d) through (f) of this section. The owner or operator must 
demonstrate that the flare achieves 96.5 percent combustion efficiency 
(or 98 percent destruction efficiency) using the site-specific operating 
limits based on a performance evaluation as described in paragraph 
(r)(1) of this section. The request shall include information as 
described in paragraph (r)(2) of this section. The request shall be 
submitted and followed as described in paragraph (r)(3) of this section.

[[Page 143]]

    (1) The owner or operator shall prepare and submit a site-specific 
test plan and receive approval of the site-specific performance 
evaluation plan prior to conducting any flare performance evaluation 
test runs intended for use in developing site-specific operating limits. 
The site-specific performance evaluation plan shall include, at a 
minimum, the elements specified in paragraphs (r)(1)(i) through (ix) of 
this section. Upon approval of the site-specific performance evaluation 
plan, the owner or operator shall conduct performance evaluation test 
runs for the flare following the procedures described in the site-
specific performance evaluation plan.
    (i) The design and dimensions of the flare, flare type (air-assisted 
only, steam-assisted only, air- and steam-assisted, pressure-assisted, 
or non-assisted), and description of gas being flared, including 
quantity of gas flared, frequency of flaring events (if periodic), 
expected net heating value of flare vent gas, minimum total steam assist 
rate.
    (ii) The operating conditions (vent gas compositions, vent gas flow 
rates and assist flow rates, if applicable) likely to be encountered by 
the flare during normal operations and the operating conditions for the 
test period.
    (iii) A description of (including sample calculations illustrating) 
the planned data reduction and calculations to determine the flare 
combustion or destruction efficiency.
    (iv) Site-specific operating parameters to be monitored continuously 
during the flare performance evaluation. These parameters may include 
but are not limited to vent gas flow rate, steam and/or air assist flow 
rates, and flare vent gas composition. If new operating parameters are 
proposed for use other than those specified in paragraphs (d) through 
(f) of this section, an explanation of the relevance of the proposed 
operating parameter(s) as an indicator of flare combustion performance 
and why the alternative operating parameter(s) can adequately ensure 
that the flare achieves the required combustion efficiency.
    (v) A detailed description of the measurement methods, monitored 
pollutant(s), measurement locations, measurement frequency, and 
recording frequency proposed for both emission measurements and flare 
operating parameters.
    (vi) A description of (including sample calculations illustrating) 
the planned data reduction and calculations to determine the flare 
operating parameters.
    (vii) The minimum number and length of test runs and range of 
operating values to be evaluated during the performance evaluation. A 
sufficient number of test runs shall be conducted to identify the point 
at which the combustion/destruction efficiency of the flare 
deteriorates.
    (viii) [Reserved]
    (ix) Test schedule.
    (2) The request for flare-specific operating limits shall include 
sufficient and appropriate data, as determined by the Administrator, to 
allow the Administrator to confirm that the selected site-specific 
operating limit(s) adequately ensures that the flare destruction 
efficiency is 98 percent or greater or that the flare combustion 
efficiency is 96.5 percent or greater at all times. At a minimum, the 
request shall contain the information described in paragraphs (r)(2)(i) 
through (iv) of this section.
    (i) The design and dimensions of the flare, flare type (air-assisted 
only, steam-assisted only, air- and steam-assisted, pressure-assisted, 
or non-assisted), and description of gas being flared, including 
quantity of gas flared, frequency of flaring events (if periodic), 
expected net heating value of flare vent gas, minimum total steam assist 
rate.
    (ii) Results of each performance evaluation test run conducted, 
including, at a minimum:
    (A) The measured combustion/destruction efficiency.
    (B) The measured or calculated operating parameters for each test 
run. If operating parameters are calculated, the raw data from which the 
parameters are calculated must be included in the test report.
    (C) Measurement location descriptions for both emission measurements 
and flare operating parameters.
    (D) Description of sampling and analysis procedures (including 
number and

[[Page 144]]

length of test runs) and any modifications to standard procedures. If 
there were deviations from the approved test plan, a detailed 
description of the deviations and rationale why the test results or 
calculation procedures used are appropriate.
    (E) Operating conditions (e.g., vent gas composition, assist rates, 
etc.) that occurred during the test.
    (F) Quality assurance procedures.
    (G) Records of calibrations.
    (H) Raw data sheets for field sampling.
    (I) Raw data sheets for field and laboratory analyses.
    (J) Documentation of calculations.
    (iii) The selected flare-specific operating limit values based on 
the performance evaluation test results, including the averaging time 
for the operating limit(s), and rationale why the selected values and 
averaging times are sufficiently stringent to ensure proper flare 
performance. If new operating parameters or averaging times are proposed 
for use other than those specified in paragraphs (d) through (f) of this 
section, an explanation of why the alternative operating parameter(s) or 
averaging time(s) adequately ensures the flare achieves the required 
combustion efficiency.
    (iv) The means by which the owner or operator will document on-
going, continuous compliance with the selected flare-specific operating 
limit(s), including the specific measurement location and frequencies, 
calculation procedures, and records to be maintained.
    (3) The request shall be submitted as described in paragraphs 
(r)(3)(i) through (iv) of this section.
    (i) The owner or operator may request approval from the 
Administrator at any time upon completion of a performance evaluation 
conducted following the methods in an approved site-specific performance 
evaluation plan for an operating limit(s) that shall apply specifically 
to that flare.
    (ii) The request must be submitted to the Administrator for 
approval. The owner or operator must continue to comply with the 
applicable standards for flares in this subpart until the requirements 
in Sec.  63.6(g)(1) are met and a notice is published in the Federal 
Register allowing use of such an alternative means of emission 
limitation.
    (iii) The request shall also be submitted to the following address: 
U.S. Environmental Protection Agency, Office of Air Quality Planning and 
Standards, Sector Policies and Programs Division, U.S. EPA Mailroom 
(E143-01), Attention: Refinery Sector Lead, 109 T.W. Alexander Drive, 
Research Triangle Park, NC 27711. Electronic copies in lieu of hard 
copies may also be submitted to [email protected]
    (iv) If the Administrator finds any deficiencies in the request, the 
request must be revised to address the deficiencies and be re-submitted 
for approval within 45 days of receipt of the notice of deficiencies. 
The owner or operator must comply with the revised request as submitted 
until it is approved.
    (4) The approval process for a request for a flare-specific 
operating limit(s) is described in paragraphs (r)(4)(i) through (iii) of 
this section.
    (i) Approval by the Administrator of a flare-specific operating 
limit(s) request will be based on the completeness, accuracy and 
reasonableness of the request. Factors that the EPA will consider in 
reviewing the request for approval include, but are not limited to, 
those described in paragraphs (r)(4)(i)(A) through (C) of this section.
    (A) The description of the flare design and operating 
characteristics.
    (B) If a new operating parameter(s) other than those specified in 
paragraphs (d) through (f) of this section is proposed, the explanation 
of how the proposed operating parameter(s) serves a good indicator(s) of 
flare combustion performance.
    (C) The results of the flare performance evaluation test runs and 
the establishment of operating limits that ensures that the flare 
destruction efficiency is 98 percent or greater or that the flare 
combustion efficiency is 96.5 percent or greater at all times.
    (D) The completeness of the flare performance evaluation test 
report.
    (ii) If the request is approved by the Administrator, a flare-
specific operating limit(s) will be established at the level(s) 
demonstrated in the approved request.

[[Page 145]]

    (iii) If the Administrator finds any deficiencies in the request, 
the request must be revised to address the deficiencies and be re-
submitted for approval.

[80 FR 75258, Dec. 1, 2015, as amended at 81 FR 45241, July 13, 2016]



Sec.  63.671  Requirements for flare monitoring systems.

    (a) Operation of CPMS. For each CPMS installed to comply with 
applicable provisions in Sec.  63.670, the owner or operator shall 
install, operate, calibrate, and maintain the CPMS as specified in 
paragraphs (a)(1) through (8) of this section.
    (1) Except for CPMS installed for pilot flame monitoring, all 
monitoring equipment must meet the applicable minimum accuracy, 
calibration and quality control requirements specified in table 13 of 
this subpart.
    (2) The owner or operator shall ensure the readout (that portion of 
the CPMS that provides a visual display or record) or other indication 
of the monitored operating parameter from any CPMS required for 
compliance is readily accessible onsite for operational control or 
inspection by the operator of the source.
    (3) All CPMS must complete a minimum of one cycle of operation 
(sampling, analyzing and data recording) for each successive 15-minute 
period.
    (4) Except for periods of monitoring system malfunctions, repairs 
associated with monitoring system malfunctions and required monitoring 
system quality assurance or quality control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
the owner or operator shall operate all CPMS and collect data 
continuously at all times when regulated emissions are routed to the 
flare.
    (5) The owner or operator shall operate, maintain, and calibrate 
each CPMS according to the CPMS monitoring plan specified in paragraph 
(b) of this section.
    (6) For each CPMS except for CPMS installed for pilot flame 
monitoring, the owner or operator shall comply with the out-of-control 
procedures described in paragraph (c) of this section.
    (7) The owner or operator shall reduce data from a CPMS as specified 
in paragraph (d) of this section.
    (8) The CPMS must be capable of measuring the appropriate parameter 
over the range of values expected for that measurement location. The 
data recording system associated with each CPMS must have a resolution 
that is equal to or better than the required system accuracy.
    (b) CPMS monitoring plan. The owner or operator shall develop and 
implement a CPMS quality control program documented in a CPMS monitoring 
plan that covers each flare subject to the provisions in Sec.  63.670 
and each CPMS installed to comply with applicable provisions in Sec.  
63.670. The owner or operator shall have the CPMS monitoring plan 
readily available on-site at all times and shall submit a copy of the 
CPMS monitoring plan to the Administrator upon request by the 
Administrator. The CPMS monitoring plan must contain the information 
listed in paragraphs (b)(1) through (5) of this section.
    (1) Identification of the specific flare being monitored and the 
flare type (air-assisted only, steam-assisted only, air- and steam-
assisted, pressure-assisted, or non-assisted).
    (2) Identification of the parameter to be monitored by the CPMS and 
the expected parameter range, including worst case and normal operation.
    (3) Description of the monitoring equipment, including the 
information specified in paragraphs (b)(3)(i) through (vii) of this 
section.
    (i) Manufacturer and model number for all monitoring equipment 
components installed to comply with applicable provisions in Sec.  
63.670.
    (ii) Performance specifications, as provided by the manufacturer, 
and any differences expected for this installation and operation.
    (iii) The location of the CPMS sampling probe or other interface and 
a justification of how the location meets the requirements of paragraph 
(a)(1) of this section.
    (iv) Placement of the CPMS readout, or other indication of parameter 
values, indicating how the location meets the requirements of paragraph 
(a)(2) of this section.

[[Page 146]]

    (v) Span of the CPMS. The span of the CPMS sensor and analyzer must 
encompass the full range of all expected values.
    (vi) How data outside of the span of the CPMS will be handled and 
the corrective action that will be taken to reduce and eliminate such 
occurrences in the future.
    (vii) Identification of the parameter detected by the parametric 
signal analyzer and the algorithm used to convert these values into the 
operating parameter monitored to demonstrate compliance, if the 
parameter detected is different from the operating parameter monitored.
    (4) Description of the data collection and reduction systems, 
including the information specified in paragraphs (b)(4)(i) through 
(iii) of this section.
    (i) A copy of the data acquisition system algorithm used to reduce 
the measured data into the reportable form of the standard and to 
calculate the applicable averages.
    (ii) Identification of whether the algorithm excludes data collected 
during CPMS breakdowns, out-of-control periods, repairs, maintenance 
periods, instrument adjustments or checks to maintain precision and 
accuracy, calibration checks, and zero (low-level), mid-level (if 
applicable) and high-level adjustments.
    (iii) If the data acquisition algorithm does not exclude data 
collected during CPMS breakdowns, out-of-control periods, repairs, 
maintenance periods, instrument adjustments or checks to maintain 
precision and accuracy, calibration checks, and zero (low-level), mid-
level (if applicable) and high-level adjustments, a description of the 
procedure for excluding this data when the averages calculated as 
specified in paragraph (e) of this section are determined.
    (5) Routine quality control and assurance procedures, including 
descriptions of the procedures listed in paragraphs (b)(5)(i) through 
(vi) of this section and a schedule for conducting these procedures. The 
routine procedures must provide an assessment of CPMS performance.
    (i) Initial and subsequent calibration of the CPMS and acceptance 
criteria.
    (ii) Determination and adjustment of the calibration drift of the 
CPMS.
    (iii) Daily checks for indications that the system is responding. If 
the CPMS system includes an internal system check, the owner or operator 
may use the results to verify the system is responding, as long as the 
system provides an alarm to the owner or operator or the owner or 
operator checks the internal system results daily for proper operation 
and the results are recorded.
    (iv) Preventive maintenance of the CPMS, including spare parts 
inventory.
    (v) Data recording, calculations and reporting.
    (vi) Program of corrective action for a CPMS that is not operating 
properly.
    (c) Out-of-control periods. For each CPMS installed to comply with 
applicable provisions in Sec.  63.670 except for CPMS installed for 
pilot flame monitoring, the owner or operator shall comply with the out-
of-control procedures described in paragraphs (c)(1) and (2) of this 
section.
    (1) A CPMS is out-of-control if the zero (low-level), mid-level (if 
applicable) or high-level calibration drift exceeds two times the 
accuracy requirement of table 13 of this subpart.
    (2) When the CPMS is out of control, the owner or operator shall 
take the necessary corrective action and repeat all necessary tests that 
indicate the system is out of control. The owner or operator shall take 
corrective action and conduct retesting until the performance 
requirements are below the applicable limits. The beginning of the out-
of-control period is the hour a performance check (e.g., calibration 
drift) that indicates an exceedance of the performance requirements 
established in this section is conducted. The end of the out-of-control 
period is the hour following the completion of corrective action and 
successful demonstration that the system is within the allowable limits. 
The owner or operator shall not use data recorded during periods the 
CPMS is out of control in data averages and calculations, used to report 
emissions or operating levels, as specified in paragraph (d)(3) of this 
section.
    (d) CPMS data reduction. The owner or operator shall reduce data 
from a

[[Page 147]]

CPMS installed to comply with applicable provisions in Sec.  63.670 as 
specified in paragraphs (d)(1) through (3) of this section.
    (1) The owner or operator may round the data to the same number of 
significant digits used in that operating limit.
    (2) Periods of non-operation of the process unit (or portion 
thereof) resulting in cessation of the emissions to which the monitoring 
applies must not be included in the 15-minute block averages.
    (3) Periods when the CPMS is out of control must not be included in 
the 15-minute block averages.
    (e) Additional requirements for gas chromatographs. For monitors 
used to determine compositional analysis for net heating value per Sec.  
63.670(j)(1), the gas chromatograph must also meet the requirements of 
paragraphs (e)(1) through (3) of this section.
    (1) The quality assurance requirements are in table 13 of this 
subpart.
    (2) The calibration gases must meet one of the following options:
    (i) The owner or operator must use a calibration gas or multiple 
gases that include all of compounds listed in paragraphs (e)(2)(i)(A) 
through (K) of this section that may be reasonably expected to exist in 
the flare gas stream and optionally include any of the compounds listed 
in paragraphs (e)(2)(i)(L) through (O) of this section. All of the 
calibration gases may be combined in one cylinder. If multiple 
calibration gases are necessary to cover all compounds, the owner or 
operator must calibrate the instrument on all of the gases.
    (A) Hydrogen.
    (B) Methane.
    (C) Ethane.
    (D) Ethylene.
    (E) Propane.
    (F) Propylene.
    (G) n-Butane.
    (H) iso-Butane.
    (I) Butene (general). It is not necessary to separately speciate 
butene isomers, but the net heating value of trans-butene must be used 
for co-eluting butene isomers.
    (J) 1,3-Butadiene. It is not necessary to separately speciate 
butadiene isomers, but you must use the response factor and net heating 
value of 1,3-butadiene for co-eluting butadiene isomers.
    (K) n-Pentane. Use the response factor for n-pentane to quantify all 
C5+ hydrocarbons.
    (L) Acetylene (optional).
    (M) Carbon monoxide (optional).
    (N) Propadiene (optional).
    (O) Hydrogen sulfide (optional).
    (ii) The owner or operator must use a surrogate calibration gas 
consisting of hydrogen and C1 through C5 normal hydrocarbons. All of the 
calibration gases may be combined in one cylinder. If multiple 
calibration gases are necessary to cover all compounds, the owner or 
operator must calibrate the instrument on all of the gases.
    (3) If the owner or operator chooses to use a surrogate calibration 
gas under paragraph (e)(2)(ii) of this section, the owner or operator 
must comply with paragraphs (e)(3)(i) and (ii) of this section.
    (i) Use the response factor for the nearest normal hydrocarbon 
(i.e., n-alkane) in the calibration mixture to quantify unknown 
components detected in the analysis.
    (ii) Use the response factor for n-pentane to quantify unknown 
components detected in the analysis that elute after n-pentane.

[80 FR 75266, Dec. 1, 2015]



Sec. Sec.  63.672-63.679  [Reserved]



             Sec. Appendix to Subpart CC of Part 63--Tables

                    Table 1--Hazardous Air Pollutants
------------------------------------------------------------------------
                       Chemical name                          CAS No.\a\
------------------------------------------------------------------------
Benzene....................................................        71432
Biphenyl...................................................        92524
Butadiene (1,3)............................................       106990
Carbon disulfide...........................................        75150
Carbonyl sulfide...........................................       463581
Cresol (mixed isomers \b\).................................      1319773
Cresol (m-)................................................       108394
Cresol (o-)................................................        95487
Cresol (p-)................................................       106445
Cumene.....................................................        98828
Dibromoethane (1,2) (ethylene dibromide)...................       106934
Dichloroethane (1,2).......................................       107062
Diethanolamine.............................................       111422
Ethylbenzene...............................................       100414
Ethylene glycol............................................       107211
Hexane.....................................................       110543
Methanol...................................................        67561
Methyl isobutyl ketone (hexone)............................       108101
Methyl tert butyl ether....................................      1634044
Naphthalene................................................        91203

[[Page 148]]

 
Phenol.....................................................       108952
Toluene....................................................       108883
Trimethylpentane (2,2,4)...................................       540841
Xylene (mixed isomers \b\).................................      1330207
xylene (m-)................................................       108383
xylene (o-)................................................        95476
xylene (p-)................................................       106423
------------------------------------------------------------------------
\a\ CAS number = Chemical Abstract Service registry number assigned to
  specific compounds, isomers, or mixtures of compounds.
\b\ Isomer means all structural arrangements for the same number of
  atoms of each element and does not mean salts, esters, or derivatives.


             Table 2--Leak Definitions for Pumps and Valves
------------------------------------------------------------------------
                                                                 Leak
                                                              definition
              Standard \a\                      Phase         (parts per
                                                               million)
------------------------------------------------------------------------
Sec.   63.163 (pumps)...................  I                       10,000
                                          II                       5,000
                                          III                      2,000
Sec.   63.168 (valves)..................  I                       10,000
                                          II                       1,000
                                          III                     1,000
------------------------------------------------------------------------
\a\ Subpart H of this part.


  Table 3--Equipment Leak Recordkeeping and Reporting Requirements for
  Sources Complying With Sec.   63.648 of Subpart CC by Compliance With
                       Subpart H of this Part \a\
------------------------------------------------------------------------
    Reference (section of
   subpart H of this part)         Description             Comment
------------------------------------------------------------------------
63.181(a)...................  Recordkeeping system  Except for Sec.
                               requirements.         Sec.
                                                     63.181(b)(2)(iii)
                                                     and 63.181(b)(9).
63.181(b)...................  Records required for  Except for Sec.
                               process unit          Sec.
                               equipment.            63.181(b)(2)(iii)
                                                     and 63.181(b)(9).
63.181(c)...................  Visual inspection     Except for Sec.
                               documentation.        Sec.
                                                     63.181(b)(2)(iii)
                                                     and 63.181(b)(9).
63.181(d)...................  Leak detection        Except for Sec.
                               record requirements.  63.181(d)(8).
63.181(e)...................  Compliance            This subsection does
                               requirements for      not apply to
                               pressure tests for    subpart CC.
                               batch product
                               process equipment
                               trains.
63.181(f)...................  Compressor            ....................
                               compliance test
                               records.
63.181(g)...................  Closed-vent systems   ....................
                               and control device
                               record
                               requirements.
63.181(h)...................  Process unit quality  ....................
                               improvement program
                               records.
63.181(i)...................  Heavy liquid service  ....................
                               determination
                               record.
63.181(j)...................  Equipment             ....................
                               identification
                               record.
63.181(k)...................  Enclosed-vented       ....................
                               process unit
                               emission limitation
                               record
                               requirements.
63.182(a)...................  Reports.
63.182(b)...................  Initial notification  Not required.
                               report
                               requirements.
63.182(c)...................  Notification of       Except in Sec.
                               compliance status     63.182(c); change
                               report.               ``within 90 days of
                                                     the compliance
                                                     dates'' to ``within
                                                     150 days of the
                                                     compliance dates'';
                                                     except in Sec.
                                                     Sec.   63.182
                                                     (c)(2) and (c)(4).
63.182(d)...................  Periodic report.....  Except for Sec.
                                                     Sec.   63.182
                                                     (d)(2)(vii),
                                                     (d)(2)(viii), and
                                                     (d)(3).
------------------------------------------------------------------------
\a\ This table does not include all the requirements delineated under
  the referenced sections. See referenced sections for specific
  requirements.


     Table 4--Gasoline Distribution Emission Point Recordkeeping and
                       Reporting Requirements \a\
------------------------------------------------------------------------
    Reference (section of
         subpart R)                Description             Comment
------------------------------------------------------------------------
63.428(b) or (k)............  Records of test
                               results for each
                               gasoline cargo tank
                               loaded at the
                               facility.
63.428(c)...................  Continuous
                               monitoring data
                               recordkeeping
                               requirements.
63.428(g)(1)................  Semiannual report     Required to be
                               loading rack          submitted with the
                               information.          Periodic Report
                                                     required under 40
                                                     CFR part 63,
                                                     subpart CC.
63.428(h)(1) through (h)(3).  Excess emissions      Required to be
                               report loading rack   submitted with the
                               information.          Periodic Report
                                                     required under 40
                                                     CFR part 63,
                                                     subpart CC.
------------------------------------------------------------------------
\a\ This table does not include all the requirements delineated under
  the referenced sections. See referenced sections for specific
  requirements.


[[Page 149]]


  Table 5--Marine Vessel Loading Operations Recordkeeping and Reporting
                            Requirements \a\
------------------------------------------------------------------------
    Reference (section of
         subpart Y)                Description             Comment
------------------------------------------------------------------------
63.562(e)(2)................  Operation and
                               maintenance plan
                               for control
                               equipment and
                               monitoring
                               equipment.
63.565(a)...................  Performance test/     The information
                               site test plan.       required under this
                                                     paragraph is to be
                                                     submitted with the
                                                     Notification of
                                                     Compliance Status
                                                     report required
                                                     under 40 CFR part
                                                     63, subpart CC.
63.565(b)...................  Performance test
                               data requirements.
63.567(a)...................  General Provisions
                               (subpart A)
                               applicability.
63.567(c)...................  Request for
                               extension of
                               compliance.
63.567(d)...................  Flare recordkeeping
                               requirements.
63.567(e)...................  Summary report and    The information
                               excess emissions      required under this
                               and monitoring        paragraph is to be
                               system performance    submitted with the
                               report requirements.  Periodic Report
                                                     required under 40
                                                     CFR part 63,
                                                     subpart CC.
63.567(f)...................  Vapor collection
                               system engineering
                               report.
63.567(g)...................  Vent system valve
                               bypass
                               recordkeeping
                               requirements.
63.567(h)...................  Marine vessel vapor-
                               tightness
                               documentation.
63.567(i)...................  Documentation file
                               maintenance.
63.567(j)...................  Emission estimation
                               reporting and
                               recordkeeping
                               procedures.
------------------------------------------------------------------------
\a\ This table does not include all the requirements delineated under
  the referenced sections. See referenced sections for specific
  requirements.


                           Table 6--General Provisions Applicability to Subpart CC \a\
----------------------------------------------------------------------------------------------------------------
                     Reference                           Applies to subpart CC                 Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1).........................................  Yes..........................
63.1(a)(2).........................................  Yes..........................
63.1(a)(3).........................................  Yes..........................
63.1(a)(4).........................................  Yes..........................
63.1(a)(5).........................................  No...........................  Reserved.
63.1(a)(6).........................................  Yes..........................  Except the correct mail drop
                                                                                     (MD) number is C404-04.
63.1(a)(7)-63.1(a)(9)..............................  No...........................  Reserved.
63.1(a)(10)........................................  Yes..........................
63.1(a)(11)........................................  Yes..........................
63.1(a)(12)........................................  Yes..........................
63.1(b)(1).........................................  Yes..........................
63.1(b)(2).........................................  No...........................  Reserved.
63.1(b)(3).........................................  No...........................
63.1(c)(1).........................................  Yes..........................
63.1(c)(2).........................................  No...........................  Area sources are not subject
                                                                                     to subpart CC.
63.1(c)(3)-63.1(c)(4)..............................  No...........................  Reserved.
63.1(c)(5).........................................  Yes..........................  Except that sources are not
                                                                                     required to submit
                                                                                     notifications overridden by
                                                                                     this table.
63.1(d)............................................  No...........................  Reserved.
63.1(e)............................................  No...........................  No CAA section 112(j)
                                                                                     standard applies to the
                                                                                     affected sources under
                                                                                     subpart CC.
63.2...............................................  Yes..........................  Sec.   63.641 of subpart CC
                                                                                     specifies that if the same
                                                                                     term is defined in subparts
                                                                                     A and CC, it shall have the
                                                                                     meaning given in subpart
                                                                                     CC.
63.3...............................................  Yes..........................
63.4(a)(1)-63.4(a)(2)..............................  Yes..........................
63.4(a)(3)-63.4(a)(5)..............................  No...........................  Reserved.
63.4(b)............................................  Yes..........................
63.4(c)............................................  Yes..........................
63.5(a)............................................  Yes..........................
63.5(b)(1).........................................  Yes..........................
63.5(b)(2).........................................  No...........................  Reserved.
63.5(b)(3).........................................  Yes..........................
63.5(b)(4).........................................  Yes..........................  Except the cross-reference
                                                                                     to Sec.   63.9(b) is
                                                                                     changed to Sec.
                                                                                     63.9(b)(4) and (5). Subpart
                                                                                     CC overrides Sec.   63.9
                                                                                     (b)(2).
63.5(b)(5).........................................  No...........................  Reserved.
63.5(b)(6).........................................  Yes..........................
63.5(c)............................................  No...........................  Reserved.

[[Page 150]]

 
63.5(d)(1)(i)......................................  Yes..........................  Except that the application
                                                                                     shall be submitted as soon
                                                                                     as practicable before
                                                                                     startup, but no later than
                                                                                     90 days after the
                                                                                     promulgation date of
                                                                                     subpart CC if the
                                                                                     construction or
                                                                                     reconstruction had
                                                                                     commenced and initial
                                                                                     startup had not occurred
                                                                                     before the promulgation of
                                                                                     subpart CC.
63.5(d)(1)(ii).....................................  Yes..........................  Except that for affected
                                                                                     sources subject to this
                                                                                     subpart, emission estimates
                                                                                     specified in Sec.
                                                                                     63.5(d)(1)(ii)(H) are not
                                                                                     required, and Sec.
                                                                                     63.5(d)(1)(ii)(G) and (I)
                                                                                     are Reserved and do not
                                                                                     apply.
63.5(d)(1)(iii)....................................  No...........................  Subpart CC Sec.   63.655(f)
                                                                                     specifies Notification of
                                                                                     Compliance Status report
                                                                                     requirements.
63.5(d)(2).........................................  Yes..........................
63.5(d)(3).........................................  Yes..........................
63.5(d)(4).........................................  Yes..........................
63.5(e)............................................  Yes..........................
63.5(f)............................................  Yes..........................  Except that the cross-
                                                                                     reference in Sec.
                                                                                     63.5(f)(2) to Sec.
                                                                                     63.9(b)(2) does not apply.
63.6(a)............................................  Yes..........................
63.6(b)(1)-63.6(b)(5)..............................  No...........................  Subpart CC specifies
                                                                                     compliance dates and
                                                                                     notifications for sources
                                                                                     subject to subpart CC.
63.6(b)(6).........................................  No...........................  Reserved.
63.6(b)(7).........................................  Yes..........................
63.6(c)(1)-63.6(c)(2)..............................  No...........................  Sec.   63.640 of subpart CC
                                                                                     specifies the compliance
                                                                                     date.
63.6(c)(3)-63.6(c)(4)..............................  No...........................  Reserved.
63.6(c)(5).........................................  Yes..........................
63.6(d)............................................  No...........................  Reserved.
63.6(e)(1)(i) and (ii).............................  No...........................  See Sec.   63.642(n) for
                                                                                     general duty requirement.
63.6(e)(1)(iii)....................................  Yes.
63.6(e)(2).........................................  No...........................  Reserved.
63.6(e)(3)(i)......................................  No.
63.6(e)(3)(ii).....................................  No...........................  Reserved.
63.6(e)(3)(iii)-63.6(e)(3)(ix).....................  No.
63.6(f)(1).........................................  No.
63.6(f)(2).........................................  Yes..........................  Except the phrase ``as
                                                                                     specified in Sec.
                                                                                     63.7(c)'' in Sec.
                                                                                     63.6(f)(2)(iii)(D) does not
                                                                                     apply because this subpart
                                                                                     does not require a site-
                                                                                     specific test plan.
63.6(f)(3).........................................  Yes..........................  Except the cross-references
                                                                                     to Sec.   63.6(f)(1) and
                                                                                     (e)(1)(i) are changed to
                                                                                     Sec.   63.642(n).
63.6(g)............................................  Yes..........................
63.6(h)(1).........................................  No.
63.6(h)(2).........................................  Yes..........................  Except Sec.
                                                                                     63.6(h)(2)(ii), which is
                                                                                     reserved.
63.6(h)(3).........................................  No...........................  Reserved.
63.6(h)(4).........................................  No...........................  Notification of visible
                                                                                     emission test not required
                                                                                     in subpart CC.
63.6(h)(5).........................................  No...........................  Visible emission
                                                                                     requirements and timing is
                                                                                     specified in Sec.
                                                                                     63.645(i) of subpart CC.
63.6(h)(6).........................................  Yes..........................
63.6(h)(7).........................................  No...........................  Subpart CC does not require
                                                                                     opacity standards.
63.6(h)(8).........................................  Yes..........................
63.6(h)(9).........................................  No...........................  Subpart CC does not require
                                                                                     opacity standards.
63.6(i)............................................  Yes..........................  Except for Sec.
                                                                                     63.6(i)(15), which is
                                                                                     reserved.
63.6(j)............................................  Yes..........................
63.7(a)(1).........................................  Yes..........................
63.7(a)(2).........................................  Yes..........................  Except test results must be
                                                                                     submitted in the
                                                                                     Notification of Compliance
                                                                                     Status report due 150 days
                                                                                     after compliance date, as
                                                                                     specified in Sec.
                                                                                     63.655(f) of subpart CC.
63.7(a)(3).........................................  Yes..........................
63.7(a)(4).........................................  Yes..........................
63.7(b)............................................  Yes..........................  Except this subpart requires
                                                                                     notification of performance
                                                                                     test at least 30 days
                                                                                     (rather than 60 days) prior
                                                                                     to the performance test.
63.7(c)............................................  No...........................  Subpart CC does not require
                                                                                     a site-specific test plan.
63.7(d)............................................  Yes..........................
63.7(e)(1).........................................  No...........................  See Sec.   63.642(d)(3).
63.7(e)(2)-63.7(e)(4)..............................  Yes..........................

[[Page 151]]

 
63.7(f)............................................  No...........................  Subpart CC specifies
                                                                                     applicable methods and
                                                                                     provides alternatives
                                                                                     without additional
                                                                                     notification or approval.
63.7(g)............................................  No...........................  Performance test reporting
                                                                                     specified in Sec.
                                                                                     63.655(f).
63.7(h)(1).........................................  Yes..........................
63.7(h)(2).........................................  Yes..........................
63.7(h)(3).........................................  Yes..........................  Yes, except site-specific
                                                                                     test plans shall not be
                                                                                     required, and where Sec.
                                                                                     63.7(g)(3) specifies
                                                                                     submittal by the date the
                                                                                     site-specific test plan is
                                                                                     due, the date shall be 90
                                                                                     days prior to the
                                                                                     Notification of Compliance
                                                                                     Status report in Sec.
                                                                                     63.655(f).
63.7(h)(4)(i)......................................  Yes..........................
63.7(h)(4)(ii).....................................  No...........................  Site-specific test plans are
                                                                                     not required in subpart CC.
63.7(h)(4)(iii) and (iv)...........................  Yes..........................
63.7(h)(5).........................................  Yes..........................
63.8(a)(1) and (2).................................  Yes.
63.8(a)(3).........................................  No...........................  Reserved.
63.8(a)(4).........................................  Yes..........................  Except that for a flare
                                                                                     complying with Sec.
                                                                                     63.670, the cross-reference
                                                                                     to Sec.   63.11 in this
                                                                                     paragraph does not include
                                                                                     Sec.   63.11(b).
63.8(b)............................................  Yes..........................
63.8(c)(1).........................................  Yes..........................  Except Sec.   63.8(c)(1)(i)
                                                                                     and (iii).
63.8(c)(1)(i)......................................  No...........................  See Sec.   63.642(n).
63.8(c)(1)(iii)....................................  No.
63.8(c)(2).........................................  Yes..........................
63.8(c)(3).........................................  Yes..........................  Except that verification of
                                                                                     operational status shall,
                                                                                     at a minimum, include
                                                                                     completion of the
                                                                                     manufacturer's written
                                                                                     specifications or
                                                                                     recommendations for
                                                                                     installation, operation,
                                                                                     and calibration of the
                                                                                     system or other written
                                                                                     procedures that provide
                                                                                     adequate assurance that the
                                                                                     equipment would monitor
                                                                                     accurately.
63.8(c)(4).........................................  Yes..........................  Except that for sources
                                                                                     other than flares, this
                                                                                     subpart specifies the
                                                                                     monitoring cycle frequency
                                                                                     specified in Sec.
                                                                                     63.8(c)(4)(ii) is ``once
                                                                                     every hour'' rather than
                                                                                     ``for each successive 15-
                                                                                     minute period.''
63.8(c)(5)-63.8(c)(8)..............................  No...........................  This subpart specifies
                                                                                     continuous monitoring
                                                                                     system requirements.
63.8(d)............................................  No...........................  This subpart specifies
                                                                                     quality control procedures
                                                                                     for continuous monitoring
                                                                                     systems.
63.8(e)............................................  Yes.
63.8(f)(1).........................................  Yes..........................
63.8(f)(2).........................................  Yes..........................
63.8(f)(3).........................................  Yes..........................
63.8(f)(4)(i)......................................  No...........................  Timeframe for submitting
                                                                                     request is specified in
                                                                                     Sec.   63.655(h)(5)(i) of
                                                                                     subpart CC.
63.8(f)(4)(ii).....................................  Yes..........................
63.8(f)(4)(iii)....................................  No...........................  Timeframe for submitting
                                                                                     request is specified in
                                                                                     Sec.   63.655(h)(5)(i) of
                                                                                     subpart CC.
63.8(f)(5).........................................  Yes..........................
63.8(f)(6).........................................  No...........................  Subpart CC does not require
                                                                                     continuous emission
                                                                                     monitors.
63.8(g)............................................  No...........................  This subpart specifies data
                                                                                     reduction procedures in
                                                                                     Sec.  Sec.   63.655(i)(3)
                                                                                     and 63.671(d).
63.9(a)............................................  Yes..........................  Except that the owner or
                                                                                     operator does not need to
                                                                                     send a copy of each
                                                                                     notification submitted to
                                                                                     the Regional Office of the
                                                                                     EPA as stated in Sec.
                                                                                     63.9(a)(4)(ii).
63.9(b)(1).........................................  Yes..........................  Except the notification of
                                                                                     compliance status report
                                                                                     specified in Sec.
                                                                                     63.655(f) of subpart CC may
                                                                                     also serve as the initial
                                                                                     compliance notification
                                                                                     required in Sec.
                                                                                     63.9(b)(1)(iii).
63.9(b)(2).........................................  No...........................  A separate Initial
                                                                                     Notification report is not
                                                                                     required under subpart CC.
63.9(b)(3).........................................  No...........................  Reserved.
63.9(b)(4).........................................  Yes..........................  Except for subparagraphs
                                                                                     Sec.   63.9(b)(4)(ii)
                                                                                     through (iv), which are
                                                                                     reserved.
63.9(b)(5).........................................  Yes..........................
63.9(c)............................................  Yes..........................
63.9(d)............................................  Yes..........................

[[Page 152]]

 
63.9(e)............................................  No...........................  Subpart CC requires
                                                                                     notification of performance
                                                                                     test at least 30 days
                                                                                     (rather than 60 days) prior
                                                                                     to the performance test and
                                                                                     does not require a site-
                                                                                     specific test plan.
63.9(f)............................................  No...........................  Subpart CC does not require
                                                                                     advanced notification of
                                                                                     visible emissions test.
63.9(g)............................................  No...........................
63.9(h)............................................  No...........................  Subpart CC Sec.   63.655(f)
                                                                                     specifies Notification of
                                                                                     Compliance Status report
                                                                                     requirements.
63.9(i)............................................  Yes..........................
63.9(j)............................................  No...........................
63.10(a)...........................................  Yes..........................
63.10(b)(1)........................................  No...........................  Sec.   63.655(i) of subpart
                                                                                     CC specifies record
                                                                                     retention requirements.
63.10(b)(2)(i).....................................  No.
63.10(b)(2)(ii)....................................  No...........................  Sec.   63.655(i) specifies
                                                                                     the records that must be
                                                                                     kept.
63.10(b)(2)(iii)...................................  No...........................
63.10(b)(2)(iv)....................................  No.
63.10(b)(2)(v).....................................  No.
63.10(b)(2)(vi)....................................  Yes..........................
63.10(b)(2)(vii)...................................  No...........................  Sec.   63.655(i) specifies
                                                                                     records to be kept for
                                                                                     parameters measured with
                                                                                     continuous monitors.
63.10(b)(2)(viii)..................................  Yes..........................
63.10(b)(2)(ix)....................................  Yes..........................
63.10(b)(2)(x).....................................  Yes..........................
63.10(b)(2)(xi)....................................  No...........................
63.10(b)(2)(xii)...................................  Yes..........................
63.10(b)(2)(xiii)..................................  No...........................
63.10(b)(2)(xiv)...................................  Yes..........................
63.10(b)(3)........................................  No...........................
63.10(c)(1)-63.10(c)(6)............................  No...........................
63.10(c)(7) and 63.10(c)(8)........................  Yes..........................
63.10(c)(9)........................................  No...........................  Reserved.
63.10(c)(10)-63.10(c)(11)..........................  No...........................  Sec.   63.655(i) specifies
                                                                                     the records that must be
                                                                                     kept.
63.10(c)(12)-63.10(c)(15)..........................  No.
63.10(d)(1)........................................  Yes..........................
63.10(d)(2)........................................  No...........................  Although Sec.   63.655(f)
                                                                                     specifies performance test
                                                                                     reporting, EPA may approve
                                                                                     other timeframes for
                                                                                     submittal of performance
                                                                                     test data.
63.10(d)(3)........................................  No...........................  Results of visible emissions
                                                                                     test are included in
                                                                                     Compliance Status Report as
                                                                                     specified in Sec.
                                                                                     63.655(f).
63.10(d)(4)........................................  Yes..........................
63.10(d)(5)........................................  No...........................  Sec.   63.655(g) specifies
                                                                                     the reporting requirements.
63.10(e)...........................................  No...........................
63.10(f)...........................................  Yes..........................
63.11..............................................  Yes..........................  Except that flares complying
                                                                                     with Sec.   63.670 are not
                                                                                     subject to the requirements
                                                                                     of Sec.   63.11(b).
63.12-63.16........................................  Yes.
----------------------------------------------------------------------------------------------------------------
\a\ Wherever subpart A of this part specifies ``postmark'' dates, submittals may be sent by methods other than
  the U.S. Mail (e.g., by fax or courier). Submittals shall be sent by the specified dates, but a postmark is
  not required.


     Table 7--Fraction Measured (FM), Fraction Emitted (FE), and Fraction Removed (FR) for HAP Compounds in
                                               Wastewater Streams
----------------------------------------------------------------------------------------------------------------
                  Chemical name                     CAS No.\a\          Fm              Fe              Fr
----------------------------------------------------------------------------------------------------------------
Benzene.........................................           71432            1.00            0.80            0.99
Biphenyl........................................           92524            0.86            0.45            0.99
Butadiene (1,3).................................          106990            1.00            0.98            0.99
Carbon disulfide................................           75150            1.00            0.92            0.99
Cumene..........................................           98828            1.00            0.88            0.99
Dichloroethane (1,2-) (Ethylene dichloride).....          107062            1.00            0.64            0.99
Ethylbenzene....................................          100414            1.00            0.83            0.99
Hexane..........................................          110543            1.00            1.00            0.99
Methanol........................................           67561            0.85            0.17            0.31
Methyl isobutyl ketone (hexone).................          108101            0.98            0.53            0.99
Methyl tert butyl ether.........................         1634044            1.00            0.57            0.99
Naphthalene.....................................           91203            0.99            0.51            0.99
Trimethylpentane (2,2,4)........................          540841            1.00            1.00            0.99
xylene (m-).....................................          108383            1.00            0.82            0.99

[[Page 153]]

 
xylene (o-).....................................           95476            1.00            0.79            0.99
xylene (p-).....................................          106423            1.00            0.82            0.99
----------------------------------------------------------------------------------------------------------------
\a\ CAS numbers refer to the Chemical Abstracts Service registry number assigned to specific compounds, isomers,
  or mixtures of compounds.


            Table 8--Valve Monitoring Frequency for Phase III
------------------------------------------------------------------------
       Performance level
--------------------------------        Valve monitoring frequency
     Leaking valves \a\ (%)
------------------------------------------------------------------------
=4..................  Monthly or QIP. \b\
<4.............................  Quarterly.
<3.............................  Semiannual.
<2.............................  Annual.
------------------------------------------------------------------------
\a\ Percent leaking valves is calculated as a rolling average of two
  consecutive monitoring periods.
\b\ QIP = Quality improvement program. Specified in Sec.   63.175 of
  subpart H of this part.


           Table 9--Valve Monitoring Frequency for Alternative
------------------------------------------------------------------------
       Performance level
--------------------------------  Valve monitoring frequency under Sec.
     Leaking valves \a\ (%)                 63.649 alternative
------------------------------------------------------------------------
=5..................  Monthly or QIP. \b\
<5.............................  Quarterly.
<4.............................  Semiannual.
<3.............................  Annual.
------------------------------------------------------------------------
\a\ Percent leaking valves is calculated as a rolling average of two
  consecutive monitoring periods.
\b\ QIP = Quality improvement program. Specified in Sec.   63.175 of
  subpart H of this part.


  Table 10--Miscellaneous Process Vents--Monitoring, Recordkeeping and
Reporting Requirements for Complying With 98 Weight-Percent Reduction of
Total Organic HAP Emissions or a Limit of 20 Parts Per Million by Volume
------------------------------------------------------------------------
                                                     Recordkeeping and
                                 Parameters to be        reporting
        Control device            monitored \a\       requirements for
                                                    monitored parameters
------------------------------------------------------------------------
Thermal incinerator...........  Firebox            1. Continuous records
                                 temperature \b\    \c\.
                                 (63.644(a)(1)(i)
                                 ).
                                                   2. Record and report
                                                    the firebox
                                                    temperature averaged
                                                    over the full period
                                                    of the performance
                                                    test--NCS \d\.
                                                   3. Record the daily
                                                    average firebox
                                                    temperature for each
                                                    operating day \e\.
                                                   4. Report all daily
                                                    average temperatures
                                                    that are outside the
                                                    range established in
                                                    the NCS or operating
                                                    permit and all
                                                    operating days when
                                                    insufficient
                                                    monitoring data are
                                                    collected \f\--PR
                                                    \g\.
Catalytic incinerator.........  Temperature        1. Continuous records
                                 upstream and       \c\.
                                 downstream of
                                 the catalyst bed
                                 (63.644(a)(1)(ii
                                 )).
                                                   2. Record and report
                                                    the upstream and
                                                    downstream
                                                    temperatures and the
                                                    temperature
                                                    difference across
                                                    the catalyst bed
                                                    averaged over the
                                                    full period of the
                                                    performance test--
                                                    NCS \d\.
                                                   3. Record the daily
                                                    average upstream
                                                    temperature and
                                                    temperature
                                                    difference across
                                                    the catalyst bed for
                                                    each operating day
                                                    \e\.
                                                   4. Report all daily
                                                    average upstream
                                                    temperatures that
                                                    are outside the
                                                    range established in
                                                    the NCS or operating
                                                    permit--PR \g\.
                                                   5. Report all daily
                                                    average temperature
                                                    differences across
                                                    the catalyst bed
                                                    that are outside the
                                                    range established in
                                                    the NCS or operating
                                                    permit--PR \g\.
                                                   6. Report all
                                                    operating days when
                                                    insufficient
                                                    monitoring data are
                                                    collected \f\.

[[Page 154]]

 
Boiler or process heater with   Firebox            1. Continuous records
 a design heat capacity less     temperature \b\    \c\.
 than 44 megawatts where the     (63.644(a)(4)).
 vent stream is not introduced
 into the flame zone \h i\.
                                                   2. Record and report
                                                    the firebox
                                                    temperature averaged
                                                    over the full period
                                                    of the performance
                                                    test--NCS \d\.
                                                   3. Record the daily
                                                    average firebox
                                                    temperature for each
                                                    operating day \e\.
                                                   4. Report all daily
                                                    average firebox
                                                    temperatures that
                                                    are outside the
                                                    range established in
                                                    the NCS or operating
                                                    permit and all
                                                    operating days when
                                                    insufficient
                                                    monitoring data are
                                                    collected \f\--PR
                                                    \g\.
Flare (if meeting the           Presence of a      1. Hourly records of
 requirements of Sec.  Sec.      flame at the       whether the monitor
 63.643 and 63.644).             pilot light        was continuously
                                 (63.644(a)(2)).    operating and
                                                    whether a pilot
                                                    flame was
                                                    continuously present
                                                    during each hour.
                                                   2. Record and report
                                                    the presence of a
                                                    flame at the pilot
                                                    light over the full
                                                    period of the
                                                    compliance
                                                    determination--NCS
                                                    \d\.
                                                   3. Record the times
                                                    and durations of all
                                                    periods when all
                                                    pilot flames for a
                                                    flare are absent or
                                                    the monitor is not
                                                    operating.
                                                   4. Report the times
                                                    and durations of all
                                                    periods when all
                                                    pilot flames for a
                                                    flare are absent or
                                                    the monitor is not
                                                    operating.
Flare (if meeting the           The parameters     1. Records as
 requirements of Sec.  Sec.      specified in       specified in Sec.
 63.670 and 63.671).             Sec.   63.670.     63.655(i)(9).
                                                   2. Report information
                                                    as specified in Sec.
                                                      63.655(g)(11)--
                                                    PR.\g\
All control devices...........  Presence of flow   1. Hourly records of
                                 diverted to the    whether the flow
                                 atmosphere from    indicator was
                                 the control        operating and
                                 device (Sec.       whether flow was
                                 63.644(c)(1)) or   detected at any time
                                                    during each hour.
                                                    Record and report
                                                    the times and
                                                    durations of all
                                                    periods when the
                                                    vent stream is
                                                    diverted through a
                                                    bypass line or the
                                                    monitor is not
                                                    operating--PR.\g\
                                Monthly            1. Records that
                                 inspections of     monthly inspections
                                 sealed valves      were performed.
                                 (Sec.             2. Record and report
                                 63.644(c)(2)).     all monthly
                                                    inspections that
                                                    show the valves are
                                                    not closed or the
                                                    seal has been
                                                    changed--PR.\g\
------------------------------------------------------------------------
\a\ Regulatory citations are listed in parentheses.
\b\ Monitor may be installed in the firebox or in the ductwork
  immediately downstream of the firebox before any substantial heat
  exchange is encountered.
\c\ ``Continuous records'' is defined in Sec.   63.641.
\d\ NCS = Notification of Compliance Status Report described in Sec.
  63.655.
\e\ The daily average is the average of all recorded parameter values
  for the operating day. If all recorded values during an operating day
  are within the range established in the NCS or operating permit, a
  statement to this effect can be recorded instead of the daily average.
\f\ When a period of excess emission is caused by insufficient
  monitoring data, as described in Sec.   63.655(g)(6)(i)(C) or (D), the
  duration of the period when monitoring data were not collected shall
  be included in the Periodic Report.
\g\ PR = Periodic Reports described in Sec.   63.655(g).
\h\ No monitoring is required for boilers and process heaters with a
  design heat capacity =44 megawatts or for boilers and
  process heaters where all vent streams are introduced into the flame
  zone. No recordkeeping or reporting associated with monitoring is
  required for such boilers and process heaters.
\i\ Process vents that are routed to refinery fuel gas systems are not
  regulated under this subpart provided that on and after January 30,
  2019, any flares receiving gas from that fuel gas system are in
  compliance with Sec.   63.670. No monitoring, recordkeeping, or
  reporting is required for boilers and process heaters that combust
  refinery fuel gas.


                                   Table 11--Compliance Dates and Requirements
----------------------------------------------------------------------------------------------------------------
                                         Then the owner or         And the owner or
If the construction/ reconstruction    operator must comply      operator must achieve   Except as provided in .
           date is . . .                    with . . .             compliance . . .                . .
----------------------------------------------------------------------------------------------------------------
(1) After June 30, 2014............  (i) Requirements for new  Upon initial startup....  Sec.   63.640(k), (l)
                                      sources in Sec.  Sec.                               and (m).
                                      63.643(a) and (b);
                                      63.644, 63.645, and
                                      63.647; 63.648(a)
                                      through (i) and (j)(1)
                                      and (2); 63.649 through
                                      63.651; and 63.654
                                      through 63.656.

[[Page 155]]

 
                                     (ii) Requirements for     Upon initial startup or   Sec.   63.640(k), (l)
                                      new sources in Sec.       February 1, 2016,         and (m).
                                      Sec.   63.642(n),         whichever is later.
                                      63.643(c),
                                      63.648(j)(3), (6) and
                                      (7); and 63.657 through
                                      63.660.
(2) After September 4, 2007 but on   (i) Requirements for new  Upon initial startup....  Sec.   63.640(k), (l)
 or before June 30, 2014.             sources in Sec.  Sec.                               and (m).
                                      63.643(a) and (b);
                                      63.644, 63.645, and
                                      63.647; 63.648(a)
                                      through (i) and (j)(1)
                                      and (2); and 63.649
                                      through 63.651, 63.655
                                      and 63.656.
                                     (ii) Requirements for     Upon initial startup or   Sec.   63.640(k), (l)
                                      new sources in Sec.       October 28, 2009,         and (m).
                                      63.654.                   whichever is later.
                                     (iii) Requirements for    Upon initial startup,     Sec.  Sec.   63.640(k),
                                      new sources in either     but you must transition   (l) and (m) and
                                      Sec.   63.646 or Sec.     to comply with only the   63.660(d).
                                      63.660 or, if             requirements in Sec.
                                      applicable, Sec.          63.660 or, if
                                      63.640(n).                applicable, Sec.
                                                                63.640(n) on or before
                                                                April 29, 2016.
                                     (iv) Requirements for     On or before August 1,    Sec.  Sec.   63.640(k),
                                      existing sources in       2017.                     (l) and (m) and
                                      Sec.   63.643(c).                                   63.643(d).
                                     (v) Requirements for      On or before January 30,  Sec.   63.640(k), (l)
                                      existing sources in       2018.                     and (m).
                                      Sec.   63.658.
                                     (vi) Requirements for     On or before January 30,  Sec.   63.640(k), (l)
                                      existing sources in       2019.                     and (m).
                                      Sec.   63.648 (j)(3),
                                      (6) and (7) and Sec.
                                      63.657.
                                     (vii) Requirements in     Upon initial startup or
                                      Sec.   63.642 (n).        February 1, 2016,
                                                                whichever is later.
(3) After July 14, 1994 but on or    (i) Requirements for new  Upon initial startup or   Sec.   63.640(k), (l)
 before September 4, 2007.            sources in Sec.  Sec.     August 18, 1995,          and (m).
                                      63.643(a) and (b);        whichever is later.
                                      63.644, 63.645, and
                                      63.647; 63.648(a)
                                      through (i) and (j)(1)
                                      and (2); and 63.649
                                      through 63.651, 63.655
                                      and 63.656.
                                     (ii) Requirements for     On or before October 29,  Sec.   63.640(k), (l)
                                      existing sources in       2012.                     and (m).
                                      Sec.   63.654.
                                     (iii) Requirements for    Upon initial startup,     Sec.  Sec.   63.640(k),
                                      new sources in either     but you must transition   (l) and (m) and
                                      Sec.   63.646 or Sec.     to comply with only the   63.660(d).
                                      63.660 or, if             requirements in Sec.
                                      applicable, Sec.          63.660 or, if
                                      63.640(n).                applicable, Sec.
                                                                63.640(n) on or before
                                                                April 29, 2016.
                                     (iv) Requirements for     On or before August 1,    Sec.  Sec.   63.640(k),
                                      existing sources in       2017.                     (l) and (m) and
                                      Sec.   63.643(c).                                   63.643(d).
                                     (v) Requirements for      On or before January 30,  Sec.   63.640(k), (l)
                                      existing sources in       2018.                     and (m).
                                      Sec.   63.658.
                                     (vi) Requirements for     On or before January 30,  Sec.   63.640(k), (l)
                                      existing sources in       2019.                     and (m).
                                      Sec.  Sec.
                                      63.648(j)(3), (6) and
                                      (7) and 63.657.
                                     (vii) Requirements in     Upon initial startup or
                                      Sec.   63.642(n).         February 1, 2016,
                                                                whichever is later.
(4) On or before July 14, 1994.....  (i) Requirements for      (A) On or before August   (1) Sec.   63.640(k),
                                      existing sources in       18, 1998.                 (l) and (m). (2) Sec.
                                      Sec.  Sec.   63.648(a)                               63.6(c)(5) or unless
                                      through (i) and (j)(1)                              an extension has been
                                      and (2); and 63.649,                                granted by the
                                      63.655 and 63.656.                                  Administrator as
                                                                                          provided in Sec.
                                                                                          63.6(i).
                                     (ii) Either the           (A) On or before August   (1) Sec.   63.640(k),
                                      requirements for          18, 1998.                 (l) and (m). (2) Sec.
                                      existing sources in                                  63.6(c)(5) or unless
                                      Sec.  Sec.   63.643(a)                              an extension has been
                                      and (b); 63.644,                                    granted by the
                                      63.645, 63.647, 63.650                              Administrator as
                                      and 63.651; and item                                provided in Sec.
                                      (4)(v) of this table.                               63.6(i).
                                     OR......................
                                     The requirements in Sec.
                                       Sec.   63.652 and
                                      63.653.

[[Page 156]]

 
                                     (iii) Requirements for    On or before August 18,   Sec.  Sec.   63.640(k),
                                      existing sources in       1998, but you must        (l) and (m) and
                                      either Sec.   63.646 or   transition to comply      63.660(d).
                                      Sec.   63.660 or, if      with only the
                                      applicable, Sec.          requirements in Sec.
                                      63.640(n).                63.660 or, if
                                                                applicable, Sec.
                                                                63.640(n) on or before
                                                                April 29, 2016.
                                     (iv) Requirements for     On or before October 29,  Sec.   63.640(k), (l)
                                      existing sources in       2012.                     and (m).
                                      Sec.   63.654.
                                     (v) Requirements for      On or before August 1,    Sec.  Sec.   63.640(k),
                                      existing sources in       2017.                     (l) and (m) and
                                      Sec.   63.643(c).                                   63.643(d).
                                     (vi) Requirements for     On or before January 30,  Sec.   63.640(k), (l)
                                      existing sources in       2018.                     and (m).
                                      Sec.   63.658.
                                     (vii) Requirements for    On or before January 30,  Sec.   63.640(k), (l)
                                      existing sources in       2019.                     and (m).
                                      Sec.  Sec.
                                      63.648(j)(3), (6) and
                                      (7) and 63.657.
                                     (viii) Requirements in    Upon initial startup or
                                      Sec.   63.642 (n).        February 1, 2016,
                                                                whichever is later.
----------------------------------------------------------------------------------------------------------------


                                    Table 12--Individual Component Properties
----------------------------------------------------------------------------------------------------------------
                                                                                   NHVi (British
                                                    MWi (pounds   CMNi (mole per   thermal units   LFLi (volume
          Component            Molecular formula    per pound-         mole)       per standard         %)
                                                       mole)                        cubic foot)
----------------------------------------------------------------------------------------------------------------
Acetylene...................  C2H2..............           26.04               2           1,404             2.5
Benzene.....................  C6H6..............           78.11               6           3,591             1.3
1,2-Butadiene...............  C4H6..............           54.09               4           2,794             2.0
1,3-Butadiene...............  C4H6..............           54.09               4           2,690             2.0
iso-Butane..................  C4H10.............           58.12               4           2,957             1.8
n-Butane....................  C4H10.............           58.12               4           2,968             1.8
cis-Butene..................  C4H8..............           56.11               4           2,830             1.6
iso-Butene..................  C4H8..............           56.11               4           2,928             1.8
trans-Butene................  C4H8..............           56.11               4           2,826             1.7
Carbon Dioxide..............  CO2...............           44.01               1               0         [infin]
Carbon Monoxide.............  CO................           28.01               1             316            12.5
Cyclopropane................  C3H6..............           42.08               3           2,185             2.4
Ethane......................  C2H6..............           30.07               2           1,595             3.0
Ethylene....................  C2H4..............           28.05               2           1,477             2.7
Hydrogen....................  H2................            2.02               0        1,212\a\             4.0
Hydrogen Sulfide............  H2S...............           34.08               0             587             4.0
Methane.....................  CH4...............           16.04               1             896             5.0
Methyl-Acetylene............  C3H4..............           40.06               3           2,088             1.7
Nitrogen....................  N2................           28.01               0               0         [infin]
Oxygen......................  O2................           32.00               0               0         [infin]
Pentane+ (C5+)..............  C5H12.............           72.15               5           3,655             1.4
Propadiene..................  C3H4..............           40.06               3           2,066            2.16
Propane.....................  C3H8..............           44.10               3           2,281             2.1
Propylene...................  C3H6..............           42.08               3           2,150             2.4
Water.......................  H2O...............           18.02               0               0         [infin]
----------------------------------------------------------------------------------------------------------------
\a\ The theoretical net heating value for hydrogen is 274 Btu/scf, but for the purposes of the flare requirement
  in this subpart, a net heating value of 1,212 Btu/scf shall be used.


     Table 13--Calibration and Quality Control Requirements for CPMS
------------------------------------------------------------------------
                                 Minimum accuracy       Calibration
           Parameter               requirements         requirements
------------------------------------------------------------------------
Temperature...................  1 percent   checks at least
                                 over the normal    annually; conduct
                                 range of           calibration checks
                                 temperature        following any period
                                 measured,          of more than 24
                                 expressed in       hours throughout
                                 degrees Celsius    which the
                                 (C), or 2.8        temperature exceeded
                                 degrees C,         the manufacturer's
                                 whichever is       specified maximum
                                 greater.           rated temperature or
                                                    install a new
                                                    temperature sensor.
                                                   At least quarterly,
                                                    inspect all
                                                    components for
                                                    integrity and all
                                                    electrical
                                                    connections for
                                                    continuity,
                                                    oxidation, and
                                                    galvanic corrosion,
                                                    unless the CPMS has
                                                    a redundant
                                                    temperature sensor.
                                                   Record the results of
                                                    each calibration
                                                    check and
                                                    inspection.

[[Page 157]]

 
                                                   Locate the
                                                    temperature sensor
                                                    in a position that
                                                    provides a
                                                    representative
                                                    temperature; shield
                                                    the temperature
                                                    sensor system from
                                                    electromagnetic
                                                    interference and
                                                    chemical
                                                    contaminants.
Flow Rate for All Flows Other   5 percent   calibration check at
                                 over the normal    least biennially
                                 range of flow      (every two years);
                                 measured or 1.9    conduct a
                                 liters per         calibration check
                                 minute (0.5        following any period
                                 gallons per        of more than 24
                                 minute),           hours throughout
                                 whichever is       which the flow rate
                                 greater, for       exceeded the
                                 liquid flow.       manufacturer's
                                                    specified maximum
                                                    rated flow rate or
                                                    install a new flow
                                                    sensor.
                                5 percent   inspect all
                                 over the normal    components for
                                 range of flow      leakage, unless the
                                 measured or 280    CPMS has a redundant
                                 liters per         flow sensor.
                                 minute (10 cubic
                                 feet per
                                 minute),
                                 whichever is
                                 greater, for gas
                                 flow.
                                5 percent   each calibration
                                 over the normal    check and
                                 range measured     inspection.
                                 for mass flow.    Locate the flow
                                                    sensor(s) and other
                                                    necessary equipment
                                                    (such as
                                                    straightening vanes)
                                                    in a position that
                                                    provides
                                                    representative flow;
                                                    reduce swirling flow
                                                    or abnormal velocity
                                                    distributions due to
                                                    upstream and
                                                    downstream
                                                    disturbances.
Flare Vent Gas Flow Rate......  20          calibration check at
                                 percent of flow    least biennially
                                 rate at            (every two years);
                                 velocities         conduct a
                                 ranging from       calibration check
                                 0.03 to 0.3        following any period
                                 meters per         of more than 24
                                 second (0.1 to 1   hours throughout
                                 feet per second).  which the flow rate
                                5 percent   manufacturer's
                                 of flow rate at    specified maximum
                                 velocities         rated flow rate or
                                 greater than 0.3   install a new flow
                                 meters per         sensor.
                                 second (1 feet    At least quarterly,
                                 per second).       inspect all
                                                    components for
                                                    leakage, unless the
                                                    CPMS has a redundant
                                                    flow sensor.
                                                   Record the results of
                                                    each calibration
                                                    check and
                                                    inspection.
                                                   Locate the flow
                                                    sensor(s) and other
                                                    necessary equipment
                                                    (such as
                                                    straightening vanes)
                                                    in a position that
                                                    provides
                                                    representative flow;
                                                    reduce swirling flow
                                                    or abnormal velocity
                                                    distributions due to
                                                    upstream and
                                                    downstream
                                                    disturbances.
Pressure......................  5 percent   sensor readings at
                                 over the normal    least once a week
                                 operating range    for straightline
                                 or 0.12            (unchanging)
                                 kilopascals (0.5   pressure and perform
                                 inches of water    corrective action to
                                 column),           ensure proper
                                 whichever is       pressure sensor
                                 greater.           operation if
                                                    blockage is
                                                    indicated.
                                                   Using an instrument
                                                    recommended by the
                                                    sensor's
                                                    manufacturer, check
                                                    gauge calibration
                                                    and transducer
                                                    calibration
                                                    annually; conduct
                                                    calibration checks
                                                    following any period
                                                    of more than 24
                                                    hours throughout
                                                    which the pressure
                                                    exceeded the
                                                    manufacturer's
                                                    specified maximum
                                                    rated pressure or
                                                    install a new
                                                    pressure sensor.
                                                   At least quarterly,
                                                    inspect all
                                                    components for
                                                    integrity, all
                                                    electrical
                                                    connections for
                                                    continuity, and all
                                                    mechanical
                                                    connections for
                                                    leakage, unless the
                                                    CPMS has a redundant
                                                    pressure sensor.
                                                   Record the results of
                                                    each calibration
                                                    check and
                                                    inspection.
                                                   Locate the pressure
                                                    sensor(s) in a
                                                    position that
                                                    provides a
                                                    representative
                                                    measurement of the
                                                    pressure and
                                                    minimizes or
                                                    eliminates pulsating
                                                    pressure, vibration,
                                                    and internal and
                                                    external corrosion.
Net Heating Value by            2 percent   requirements in your
                                 of span.           site specific CPMS
                                                    monitoring plan.
                                                    Calibration
                                                    requirements should
                                                    follow
                                                    manufacturer's
                                                    recommendations at a
                                                    minimum.
                                                   Temperature control
                                                    (heated and/or
                                                    cooled as necessary)
                                                    the sampling system
                                                    to ensure proper
                                                    year-round
                                                    operation.
                                                   Where feasible,
                                                    select a sampling
                                                    location at least
                                                    two equivalent
                                                    diameters downstream
                                                    from and 0.5
                                                    equivalent diameters
                                                    upstream from the
                                                    nearest disturbance.
                                                    Select the sampling
                                                    location at least
                                                    two equivalent duct
                                                    diameters from the
                                                    nearest control
                                                    device, point of
                                                    pollutant
                                                    generation, air in-
                                                    leakages, or other
                                                    point at which a
                                                    change in the
                                                    pollutant
                                                    concentration or
                                                    emission rate
                                                    occurs.

[[Page 158]]

 
Net Heating Value by Gas        As specified in    Follow the procedure
 Chromatograph.                  Performance        in Performance
                                 Specification 9    Specification 9 of
                                 of 40 CFR part     40 CFR part 60,
                                 60, appendix B     appendix B, except
                                                    that a single daily
                                                    mid-level
                                                    calibration check
                                                    can be used (rather
                                                    than triplicate
                                                    analysis), the multi-
                                                    point calibration
                                                    can be conducted
                                                    quarterly (rather
                                                    than monthly), and
                                                    the sampling line
                                                    temperature must be
                                                    maintained at a
                                                    minimum temperature
                                                    of 60 C (rather than
                                                    120 C).
Hydrogen analyzer.............  2 percent   requirements in your
                                 over the           site specific CPMS
                                 concentration      monitoring plan.
                                 measured or 0.1    Calibration
                                 volume percent,    requirements should
                                 whichever is       follow
                                 greater.           manufacturer's
                                                    recommendations at a
                                                    minimum.
                                                   Select the sampling
                                                    location at least
                                                    two equivalent duct
                                                    diameters from the
                                                    nearest control
                                                    device, point of
                                                    pollutant
                                                    generation, air in-
                                                    leakages, or other
                                                    point at which a
                                                    change in the
                                                    pollutant
                                                    concentration
                                                    occurs.
------------------------------------------------------------------------


[60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29881, 29882, June 12, 
1996; 63 FR 44142, 44143, Aug. 18, 1998; 74 FR 55688, Oct. 28, 2009; 75 
FR 37731, June 30, 2010; 80 FR 75269, Dec. 1, 2015; 81 FR 45241, July 
13, 2016]



Subpart DD_National Emission Standards for Hazardous Air Pollutants from 
                 Off-Site Waste and Recovery Operations

    Source: 61 FR 34158, July 1, 1996, unless otherwise noted.



Sec.  63.680  Applicability and designation of affected sources.

    (a) The provisions of this subpart apply to the owner and operator 
of a plant site for which both of the conditions specified in paragraphs 
(a)(1) and (a)(2) of this section are applicable. If either one of these 
conditions does not apply to the plant site, then the owner and operator 
of the plant site are not subject to the provisions of this subpart.
    (1) The plant site is a major source of hazardous air pollutant 
(HAP) emissions as defined in 40 CFR 63.2.
    (2) At the plant site is located one or more of operations that 
receives off-site materials as specified in paragraph (b) of this 
section and the operations is one of the following waste management 
operations or recovery operations as specified in paragraphs (a)(2)(i) 
through (a)(2)(vi) of this section.
    (i) A waste management operation that receives off-site material and 
the operation is regulated as a hazardous waste treatment, storage, and 
disposal facility (TSDF) under either 40 CFR part 264 or part 265.
    (ii) A waste management operation that treats wastewater which is an 
off-site material and the operation is exempted from regulation as a 
hazardous waste treatment, storage, and disposal facility under 40 CFR 
264.1(g)(6) or 40 CFR 265.1(c)(10).
    (iii) A waste management operation that treats wastewater which is 
an off-site material and the operation meets both of the following 
conditions:
    (A) The operation is subject to regulation under either section 402 
or 307(b) of the Clean Water Act but is not owned by a ``state'' or 
``municipality'' as defined by section 502(3) and 502(4), respectively, 
of the Clean Water Act; and
    (B) The treatment of wastewater received from off-site is the 
predominant activity performed at the plant site.
    (iv) A recovery operation that recycles or reprocesses hazardous 
waste which is an off-site material and the operation is exempted from 
regulation as a hazardous waste treatment, disposal, and storage 
facility under 40 CFR 264.1(g)(2) or 40 CFR 265.1(c)(6).
    (v) A recovery operation that recycles or reprocesses used solvent 
which is an off-site material and the operation is not part of a 
chemical, petroleum, or other manufacturing process that is required to 
use air emission controls by another subpart of 40 CFR part 63 or 40 CFR 
part 61.

[[Page 159]]

    (vi) A recovery operation that re-refines or reprocesses used oil 
which is an off-site material and the operation is regulated under 40 
CFR 279 subpart F--Standards for Used Oil Processors and Refiners.
    (b) For the purpose of implementing this subpart, an off-site 
material is a material that meets all of the criteria specified in 
paragraph (b)(1) of this section but is not one of the materials 
specified in paragraph (b)(2) of this section.
    (1) An off-site material is a material that meets all of the 
criteria specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this 
section. If any one of these criteria do not apply to the material, then 
the material is not an off-site material subject to this subpart.
    (i) The material is a waste, used oil, or used solvent as defined in 
Sec.  63.681 of this subpart;
    (ii) The waste, used oil, or used solvent is not produced or 
generated within the plant site, but the material is delivered, 
transferred, or otherwise moved to the plant site from a location 
outside the boundaries of the plant site; and
    (iii) The waste, used oil, or used solvent contains one or more of 
the hazardous air pollutants (HAP) listed in Table 1 of this subpart 
based on the composition of the material at the point-of-delivery, as 
defined in Sec.  63.681 of this subpart.
    (2) For the purpose of implementing this subpart, the following 
materials are not off-site materials:
    (i) Household waste as defined in 40 CFR 258.2.
    (ii) Radioactive mixed waste managed in accordance with all 
applicable regulations under Atomic Energy Act and Nuclear Waste Policy 
Act authorities.
    (iii) Waste that is generated as a result of implementing remedial 
activities required under the Resource Conservation and Recovery Act 
(RCRA) corrective action authorities (RCRA sections 3004(u), 3004(v), or 
3008(h)), Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA) authorities, or similar Federal or State 
authorities.
    (iv) Waste containing HAP that is generated by residential 
households (e.g., old paint, home garden pesticides) and subsequently is 
collected as a community service by government agencies, businesses, or 
other organizations for the purpose of promoting the proper disposal of 
this waste.
    (v) Waste that is transferred from a chemical manufacturing plant or 
other facility for which the owner or operator of the facility from 
which the waste is transferred has complied with the provisions of the 
air emission control standards for process wastewater specified by 
another subpart of this part. This exemption does not apply to a source 
which complies with another subpart of this part by transferring its 
wastewater off-site for control.
    (vi) Waste that is transferred from a chemical manufacturing plant, 
petroleum refinery, or coke by-product recovery plant which is subject 
to 40 CFR part 61, subpart FF--National Emission Standards for Benzene 
Waste Operations, and for which both of the following conditions apply 
to the waste:
    (A) The waste is generated at a facility that is not exempted under 
the provisions of 40 CFR 61.342(a) from meeting the air emission control 
standards of 40 CFR part 61, subpart FF; and
    (B) The owner or operator of the facility from which the waste is 
transferred has complied with the provisions of 40 CFR 61.342(f)(2).
    (vii) Ship ballast water pumped from a ship to an onshore wastewater 
treatment facility.
    (viii) Hazardous waste that is stored for 10 days or less at a 
transfer facility in compliance with the provisions of 40 CFR 263.12.
    (c) Affected sources--(1) Off-site material management units. For 
each operation specified in paragraphs (a)(2)(i) through (a)(2)(vi) of 
this section that is located at the plant site, the affected source is 
the entire group of off-site material management units associated with 
the operation. An off-site material management unit is a tank, 
container, surface impoundment, oil-water separator, organic-water 
separator, or transfer system used to manage off-site material. For the 
purpose of implementing the standards under this subpart, a unit that 
meets the definition of a tank or container but also is equipped with a 
vent that serves as a

[[Page 160]]

process vent for any of the processes listed in paragraphs (c)(2)(i) 
through (c)(2)(vi) of this section is not an off-site material 
management unit but instead is a process vent and is to be included in 
the appropriate affected source group under paragraph (c)(2) of this 
section. Examples of such a unit may include, but are not limited to, a 
distillate receiver vessel, a primary condenser, a bottoms receiver 
vessel, a surge control tank, a separator tank, and a hot well.
    (2) Process vents. For each operation specified in paragraphs 
(a)(2)(i) through (a)(2)(vi) of this section that is located at the 
plant site, the affected source is the entire group of process equipment 
associated with the process vents for the processes listed in paragraphs 
(c)(2)(i) through (c)(2)(vi) of this section.
    (i) Distillation process used for the treatment, recycling, or 
recovery of off-site material. Distillation means a process, either 
batch or continuous, separating one or more off-site material feed 
streams into two or more exit streams having different component 
concentrations from those in the feed stream or streams. The separation 
is achieved by the redistribution of the components between the liquid 
and vapor phases as they approach equilibrium within the distillation 
unit.
    (ii) Fractionation process used for the treatment, recycling, or 
recovery of off-site material. Fractionation means a liquid mixture 
separation process or method used to separate a mixture of several 
volatile components of different boiling points in successive stages, 
each stage removing from the mixture some proportion of one of the 
components.
    (iii) Thin-film evaporation process used for the treatment, 
recycling, or recovery of off-site material. Thin-film evaporation means 
a liquid mixture separation process or method that uses a heating 
surface consisting of a large diameter tube that may be either straight 
or tapered, horizontal or vertical. Liquid is spread on the tube wall by 
a rotating assembly of blades that maintain a close clearance from the 
wall or actually ride on the film of liquid on the wall.
    (iv) Solvent extraction process used for the treatment, recycling, 
or recovery of off-site material. Solvent extraction means a separation 
process or method in which a solid or a solution is contacted with a 
liquid solvent (the material and the solvent being relatively insoluble 
in each other) to preferentially dissolve and transfer one or more 
components into the solvent.
    (v) Steam stripping process used for the treatment, recycling, or 
recovery of off-site material. Steam stripping means a liquid mixture 
separation process or method in which vaporization of the volatile 
components of a liquid mixture occurs by the introduction of steam 
directly into the process.
    (vi) Gas stripping process used for the treatment, recycling, or 
recovery of off-site material. Gas stripping means a desorption process 
or method used to transfer one or more volatile components from a liquid 
mixture into a gas stream either with or without the application of heat 
to the liquid. Packed towers, spray towers, and bubble-cap, sieve, or 
valve-type plate towers are examples of the process configurations used 
for contacting the gas and a liquid.
    (3) Equipment leaks. For each operation specified in paragraphs 
(a)(2)(i) through (a)(2)(vi) of this section that is located at the 
plant site, the affected source is the entire group of equipment 
components for which each component meets all of the conditions 
specified in paragraphs (c)(3)(i) through (c)(3)(iii) of this section. 
If any one of these conditions do not apply to an equipment component, 
then that component is not part of the affected source for equipment 
leaks.
    (i) The equipment component is a pump, compressor, agitator, 
pressure relief device, sampling connection system, open-ended valve or 
line, valve, connector, or instrumentation system;
    (ii) The equipment component contains or contacts off-site material 
having a total HAP concentration equal to or greater than 10 percent by 
weight; and
    (iii) The equipment component is intended to operate for 300 hours 
or more during a calendar year in off-site material service, as defined 
in Sec.  63.681 of this subpart.

[[Page 161]]

    (d) Facility-wide exemption. The owner or operator of affected 
sources subject to this subpart is exempted from the requirements of 
Sec. Sec.  63.682 through 63.699 of this subpart in situations when the 
total annual quantity of the HAP that is contained in the off-site 
material received at the plant site is less than 1 megagram per year. 
For a plant site to be exempted under the provisions of this paragraph 
(d), the owner or operator must meet the requirements in paragraphs 
(d)(1) through (d)(3) of this section.
    (1) The owner or operator must prepare an initial determination of 
the total annual HAP quantity in the off-site material received at the 
plant site. This determination is based on the total quantity of the HAP 
listed in Table 1 of this subpart as determined at the point-of-delivery 
for each off-site material stream.
    (2) The owner or operator must prepare a new determination whenever 
the extent of changes to the quantity or composition of the off-site 
material received at the plant site could cause the total annual HAP 
quantity in the off-site material received at the plant site to exceed 
the limit of 1 megagram per year.
    (3) The owner or operator must maintain documentation to support the 
owner's or operator's determination of the total annual HAP quantity in 
the off-site material received at the plant site. This documentation 
must include the basis and data used for determining the HAP content of 
the off-site material.
    (e) Compliance dates--(1) Existing sources. The owner or operator of 
an affected source that commenced construction or reconstruction before 
October 13, 1994, must achieve compliance with the provisions of this 
subpart on or before the date specified in paragraphs (e)(1)(i), (ii), 
or (iii) of this section as applicable to the affected source.
    (i) For an affected source that commenced construction or 
reconstruction before October 13, 1994 and receives off-site material 
for the first time before February 1, 2000, the owner or operator of 
this affected source must achieve compliance with the provisions of the 
subpart (except Sec. Sec.  63.685(b)(1)(ii), 63.691(b)(2), and 
63.691(c)(3)(i) and (ii)) on or before February 1, 2000 unless an 
extension has been granted by the Administrator as provided in Sec.  
63.6(i). These existing affected sources shall be in compliance with the 
tank requirements of Sec.  63.685(b)(1)(ii) 2 years after the 
publication date of the final amendments on March 18, 2015, the 
equipment leak requirements of Sec.  63.691(b)(2) 1 year after the 
publication date of the final amendments on March 18, 2015, and the 
pressure relief device monitoring requirements of Sec.  63.691(c)(3)(i) 
and (ii) 3 years after the publication date of the final amendments on 
March 18, 2015.
    (ii) For an affected source that commenced construction or 
reconstruction before October 13, 1994, but receives off-site material 
for the first time on or after February 1, 2000, but before March 18, 
2015, the owner or operator of the affected source must achieve 
compliance with the provisions of this subpart (except Sec. Sec.  
63.685(b)(1)(ii), 63.691(b)(2), and 63.691(c)(3)(i) and (ii)) upon the 
first date that the affected source begins to manage off-site material. 
These existing affected sources shall be in compliance with the tank 
requirements of Sec.  63.685(b)(1)(ii) 2 years after the publication 
date of the final amendments on March 18, 2015, the equipment leak 
requirements of Sec.  63.691(b)(2) 1 year after the publication date of 
the final amendments on March 18, 2015, and the pressure relief device 
monitoring requirements of Sec.  63.691(c)(3)(i) and (ii) 3 years after 
the publication date of the final amendments on March 18, 2015.
    (iii) For an affected source that commenced construction or 
reconstruction before October 13, 1994, but receives off-site material 
for the first time on or after March 18, 2015, the owner or operator of 
the affected source must achieve compliance with the provisions of this 
subpart (except Sec. Sec.  63.685 (b)(1)(ii), 63.691(b)(2), and 
63.691(c)(3)(i) and (ii)) upon the first date that the affected source 
begins to manage off-site material. These existing affected sources 
shall be in compliance with the tank requirements of Sec.  
63.685(b)(1)(ii) 2 years after the publication date of the final 
amendments on March 18, 2015, the equipment leak requirements of

[[Page 162]]

Sec.  63.691(b)(2) 1 year after the publication date of the final 
amendments on March 18, 2015, and the pressure relief device monitoring 
requirements of Sec.  63.691(c)(3)(i) and (ii) 3 years after the 
publication date of the final amendments on March 18, 2015.
    (2) New sources. The owner or operator of an affected source for 
which construction or reconstruction commences on or after October 13, 
1994, must achieve compliance with the provisions of this subpart 
(except Sec. Sec.  63.685(b)(2), 63.691(b)(2), and 63.691(c)(3)(i) and 
(ii)) on or before July 1, 1996, or upon initial startup of operations, 
whichever date is later as provided in 40 CFR 63.6(b). New affected 
sources that commenced construction or reconstruction after October 13, 
1994, but on or before July 2, 2014, shall be in compliance with the 
tank requirements of Sec.  63.685(b)(2) 2 years after the publication 
date of the final amendments, the equipment leak requirements of Sec.  
63.691(b)(2) 1 year after the publication date of the final amendments, 
and the pressure relief device monitoring requirements of Sec.  
63.691(c)(3)(i) and (ii) 3 years after the effective date of the final 
amendments. New affected sources that commence construction or 
reconstruction after July 2, 2014, shall be in compliance with the tank 
requirements of Sec.  63.685(b)(2), the equipment leak requirements of 
Sec.  63.691(b)(2), and the pressure relief device monitoring 
requirements of Sec.  63.691(c)(3)(i) and (ii) upon initial startup or 
by the effective date of the final amendments, whichever is later.
    (f) The provisions of 40 CFR part 63, subpart A--General Provisions 
that apply and those that do not apply to this subpart are specified in 
Table 2 of this subpart.
    (g) Applicability of this subpart. (1) The emission limitations set 
forth in this subpart and the emission limitations referred to in this 
subpart shall apply at all times except during periods of non-operation 
of the affected source (or specific portion thereof) resulting in 
cessation of the emissions to which this subpart applies.
    (2) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with this subpart during 
times when emissions are being routed to such items of equipment, if the 
shutdown would contravene requirements of this subpart applicable to 
such items of equipment.

[61 FR 34158, July 1, 1996, as amended at 65 FR 38963, July 20, 1999; 80 
FR 14271, Mar. 18, 2015]



Sec.  63.681  Definitions.

    All terms used in this subpart shall have the meaning given to them 
in this section, 40 CFR 63.2 of this part, and the Act.
    Boiler means an enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator or a process 
heater.
    Bypass means diverting a process vent or closed vent system stream 
to the atmosphere such that it does not first pass through an emission 
control device.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of hard-piping, ductwork, connections, and, if 
necessary, fans, blowers, or other flow-inducing devices that conveys 
gas or vapor from an emission point to a control device.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that prevents or reduces air pollutant emissions to the 
atmosphere by blocking an opening in a cover when the device is secured 
in the closed position. Closure devices include devices that are 
detachable from the cover (e.g., a sampling port cap), manually operated 
(e.g., a hinged access lid or hatch), or automatically operated (e.g., a 
spring-loaded pressure relief valve).
    Container means a portable unit used to hold material. Examples of 
containers include but are not limited to drums, dumpsters, roll-off 
boxes, bulk cargo containers commonly known as ``portable tanks'' or 
``totes'', cargo tank trucks, and tank rail cars.
    Continuous record means documentation of data values measured at 
least once every 15 minutes and recorded at the frequency specified in 
this subpart.
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 15-minutes or more frequent block averages.

[[Page 163]]

    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the edge of the floating roof and 
the wall of a tank. A continuous seal may be a vapor-mounted seal, 
liquid-mounted seal, or metallic shoe seal. A continuous seal may be 
constructed of fastened segments so as to form a continuous seal.
    Control device means equipment used for recovering, removing, 
oxidizing, or destroying organic vapors. Examples of such equipment 
include but are not limited to carbon adsorbers, condensers, vapor 
incinerators, flares, boilers, and process heaters.
    Cover means a device or system that provides a continuous barrier 
over the material managed in an off-site material management unit to 
prevent or reduce air pollutant emissions to the atmosphere. A cover may 
have openings needed for operation, inspection, sampling, maintenance, 
and repair of the unit provided that each opening is closed when not in 
use (e.g., access hatches, sampling ports). A cover may be a separate 
piece of equipment which can be detached and removed from the unit or a 
cover may be formed by structural features permanently integrated into 
the design of the unit.
    Emission point means an individual tank, surface impoundment, 
container, oil-water or organic-water separator, transfer system, 
process vent, or enclosure.
    Enclosure means a structure that surrounds a tank or container, 
captures organic vapors emitted from the tank or container, and vents 
the captured vapor through a closed vent system to a control device.
    External floating roof means a pontoon-type or double-deck type 
cover that rests on the liquid surface in a tank with no fixed roof.
    Fixed roof means a cover that is mounted on a unit in a stationary 
position and does not move with fluctuations in the level of the liquid 
managed in the unit.
    Flame zone means the portion of the combustion chamber in a boiler 
or process heater occupied by the flame envelope.
    Floating roof means a cover consisting of a double deck, pontoon 
single deck, or internal floating cover which rests upon and is 
supported by the liquid being contained, and is equipped with a 
continuous seal.
    Flow indicator means a device that indicates whether gas is flowing, 
or whether the valve position would allow gas to flow in a bypass line.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed in accordance with relevant standards and good engineering 
practices.
    Hazardous air pollutants or HAP means the specific organic chemical 
compounds, isomers, and mixtures listed in Table 1 of this subpart.
    Hazardous waste means a waste that is determined to be hazardous 
under the Resource Conservation and Recovery Act (PL 94-580) (RCRA), as 
implemented by 40 CFR parts 260 and 261.
    In gas/vapor service means that a piece of equipment in off-site 
material service contains or contacts a gas or vapor at operating 
conditions.
    In heavy liquid service means that a piece of equipment in off-site 
material service is not in gas/vapor service or in light liquid service.
    In light liquid service means that a piece of equipment in off-site 
material service contains or contacts a liquid that meets the following 
conditions:
    (1) The vapor pressure of one or more of the organic compounds is 
greater than 0.3 kilopascals at 20  deg.C;
    (2) The total concentration of the pure organic compounds 
constituents having a vapor pressure greater than 0.3 kilopascals at 20 
deg.C is equal to or greater than 20 percent by weight of the total 
process stream; and
    (3) The fluid is a liquid at operating conditions. Note to In light 
liquid service: Vapor pressures may be determined by the methods 
described in 40 CFR 60.485(e)(1).
    In liquid service means that a piece of equipment in off-site 
material service is not in gas/vapor service.
    Individual drain system means a stationary system used to convey 
wastewater streams or residuals to a waste management unit or to 
discharge or disposal. The term includes hard-piping, all drains and 
junction boxes, together with their associated sewer lines and other 
junction boxes (e.g.,

[[Page 164]]

manholes, sumps, and lift stations) conveying wastewater streams or 
residuals. For the purpose of this subpart, an individual drain system 
is not a drain and collection system that is designed and operated for 
the sole purpose of collecting rainfall runoff (e.g., stormwater sewer 
system) and is segregated from all other individual drain systems.
    Internal floating roof means a cover that rests or floats on the 
liquid surface (but not necessarily in complete contact with it inside a 
tank that has a fixed roof).
    Light-material service means the container is used to manage an off-
site material for which both of the following conditions apply: the 
vapor pressure of one or more of the organic constituents in the off-
site material is greater than 0.3 kilopascals (kPa) at 20  deg.C; and 
the total concentration of the pure organic constituents having a vapor 
pressure greater than 0.3 kPa at 20  deg.C is equal to or greater than 
20 percent by weight.
    Liquid-mounted seal means a foam- or liquid-filled continuous seal 
mounted in contact with the liquid in a unit.
    Maximum HAP vapor pressure means the sum of the individual HAP 
equilibrium partial pressure exerted by an off-site material at the 
temperature equal to either: the local maximum monthly average 
temperature as reported by the National Weather Service when the off-
site material is stored or treated at ambient temperature; or the 
highest calendar-month average temperature of the off-site material when 
the off-site material is stored at temperatures above the ambient 
temperature or when the off-site material is stored or treated at 
temperatures below the ambient temperature. For the purpose of this 
subpart, maximum HAP vapor pressure is determined using the procedures 
specified in Sec.  63.694(j) of this subpart.
    Metallic shoe seal means a continuous seal that is constructed of 
metal sheets which are held vertically against the wall of the tank by 
springs, weighted levers, or other mechanisms and is connected to the 
floating roof by braces or other means. A flexible coated fabric 
(envelope) spans the annular space between the metal sheet and the 
floating roof.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in Sec.  
63.694(k) of this subpart.
    Off-site material means a material that meets all of the criteria 
specified in paragraph Sec.  63.680(b)(1) of this subpart but is not one 
of the materials specified in Sec.  63.680(b)(2) of this subpart.
    Off-site material management unit means a tank, container, surface 
impoundment, oil-water separator, organic-water separator, or transfer 
system used to manage off-site material.
    Off-site material service means any time when a pump, compressor, 
agitator, pressure relief device, sampling connection system, open-ended 
valve or line, valve, connector, or instrumentation system contains or 
contacts off-site material.
    Off-site material stream means an off-site material produced or 
generated by a particular process or source such that the composition 
and form of the material comprising the stream remain consistent. An 
off-site material stream may be delivered, transferred, or otherwise 
moved to the plant site in a continuous flow of material (e.g., 
wastewater flowing through a pipeline) or in a series of discrete 
batches of material (e.g., a truckload of drums all containing the same 
off-site material or multiple bulk truck loads of an off-site material 
produced by the same process).
    Oil-water separator means a separator as defined for this subpart 
that is used to separate oil from water.
    Operating parameter value means a minimum or maximum value 
established for a control device or treatment process parameter which, 
if achieved by itself or in combination with one or more other operating 
parameter values, determines that an owner or operator has complied with 
an applicable emission limitation or standard.
    Organic-water separator means a separator as defined for this 
subpart that is used to separate organics from water.
    Plant site means all contiguous or adjoining property that is under 
common control including properties that are

[[Page 165]]

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. A unit or 
group of units within a contiguous property that are not under common 
control (e.g., a wastewater treatment unit or solvent recovery unit 
located at the site but is sold to a different company) is a different 
plant site.
    Point-of-delivery means the point at the boundary or within the 
plant site where the owner or operator first accepts custody, takes 
possession, or assumes responsibility for the management of an off-site 
material stream managed in a waste management operation or recovery 
operation specified in Sec.  63.680 (a)(2)(i) through (a)(2)(vi) of this 
subpart. The characteristics of an off-site material stream are 
determined prior to combining the off-site material stream with other 
off-site material streams or with any other materials.
    Point-of-treatment means a point after the treated material exits 
the treatment process but before the first point downstream of the 
treatment process exit where the organic constituents in the treated 
material have the potential to volatilize and be released to the 
atmosphere. For the purpose of applying this definition to this subpart, 
the first point downstream of the treatment process exit is not a 
fugitive emission point due to an equipment leak from any of the 
following equipment components: Pumps, compressors, valves, connectors, 
instrumentation systems, or pressure relief devices.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the pressure 
relief device. This release can be one release or a series of releases 
over a short time period.
    Pressure relief device or valve means a safety device used to 
prevent operating pressures from exceeding the maximum allowable working 
pressure of the process equipment. A common pressure relief device is a 
spring-loaded pressure relief valve. Devices that are actuated either by 
a pressure of less than or equal to 2.5 pounds per square inch gauge or 
by a vacuum are not pressure relief devices.
    Process heater means an enclosed combustion device that transfers 
heat released by burning fuel directly to process streams or to heat 
transfer liquids other than water.
    Process vent means an open-ended pipe, stack, or duct through which 
a gas stream containing HAP is continuously or intermittently discharged 
to the atmosphere from any of the processes listed in Sec.  
63.680(c)(2)(i) through (vi). For the purpose of this subpart, a process 
vent is none of the following: a pressure relief device; an open-ended 
line or other vent that is subject to the equipment leak control 
requirements under Sec.  63.691; or a stack or other vent that is used 
to exhaust combustion products from a boiler, furnace, process heater, 
incinerator, or other combustion device.
    Recovery operation means the collection of off-site material 
management units, process vents, and equipment components used at a 
plant site to manage an off-site material stream from the point-of-
delivery through the point where the material has been recycled, 
reprocessed, or re-refined to obtain the intended product or to remove 
the physical and chemical impurities of concern.
    Separator means a waste management unit, generally a tank, used to 
separate oil or organics from water. A separator consists of not only 
the separation unit but also the forebay and other separator basins, 
skimmers, weirs, grit chambers, sludge hoppers, and bar screens that are 
located directly after the individual drain system and prior to any 
additional treatment units such as an air flotation unit clarifier or 
biological treatment unit. Examples of a separator include, but are not 
limited to, an API separator, parallel-plate interceptor, and 
corrugated-plate interceptor with the associated ancillary equipment.
    Single-seal system means a floating roof having one continuous seal. 
This seal may be vapor-mounted, liquid-mounted, or a metallic shoe seal.
    Surface impoundment means a unit that is a natural topographical 
depression, man-made excavation, or diked

[[Page 166]]

area formed primarily of earthen materials (although it may be lined 
with man-made materials), which is designed to hold an accumulation of 
liquids. Examples of surface impoundments include holding, storage, 
settling, and aeration pits, ponds, and lagoons.
    Tank means a stationary unit that is constructed primarily of 
nonearthen materials (such as wood, concrete, steel, fiberglass, or 
plastic) which provide structural support and is designed to hold an 
accumulation of liquids or other materials.
    Transfer system means a stationary system for which the predominant 
function is to convey liquids or solid materials from one point to 
another point within a waste management operation or recovery operation. 
For the purpose of this subpart, the conveyance of material using a 
container (as defined for this subpart) or a self-propelled vehicle 
(e.g., a front-end loader) is not a transfer system. Examples of a 
transfer system include but are not limited to a pipeline, an individual 
drain system, a gravity-operated conveyor (such as a chute), and a 
mechanically-powered conveyor (such as a belt or screw conveyor).
    Temperature monitoring device means a piece of equipment used to 
monitor temperature and having an accuracy of 1 
percent of the temperature being monitored expressed in degrees Celsius 
( deg.C) or 1.2 degrees  deg.C, whichever value is 
greater.
    Treatment process means a process in which an off-site material 
stream is physically, chemically, thermally, or biologically treated to 
destroy, degrade, or remove hazardous air pollutants contained in the 
off-site material. A treatment process can be composed of a single unit 
(e.g., a steam stripper) or a series of units (e.g., a wastewater 
treatment system). A treatment process can be used to treat one or more 
off-site material streams at the same time.
    Used oil means any oil refined from crude oil or any synthetic oil 
that has been used and as a result of such use is contaminated by 
physical or chemical impurities. This definition is the same definition 
of ``used oil'' in 40 CFR 279.1.
    Used solvent means a mixture of aliphatic hydrocarbons or a mixture 
of one and two ring aromatic hydrocarbons that has been used as a 
solvent and as a result of such use is contaminated by physical or 
chemical impurities.
    Vapor-mounted seal means a continuous seal that is mounted such that 
there is a vapor space between the liquid in the unit and the bottom of 
the seal.
    Volatile organic hazardous air pollutant concentration or VOHAP 
concentration means the fraction by weight of those compounds listed in 
Table 1 of this subpart that are in an off-site material as measured 
using Method 305 in appendix A of this part and expressed in terms of 
parts per million (ppm). As an alternative to using Method 305, an owner 
or operator may determine the HAP concentration of an off-site material 
using any one of the other test methods specified in Sec.  
63.694(b)(2)(ii) of this subpart. When a test method specified in Sec.  
63.694(b)(2)(ii) of this subpart other than Method 305 is used to 
determine the speciated HAP concentration of an off-site material, the 
individual compound concentration may be adjusted by the corresponding 
fm305 value listed in Table 1 of this subpart to determine a 
VOHAP concentration.
    Waste means a material generated from industrial, commercial, 
mining, or agricultural operations or from community activities that is 
discarded, discharged, or is being accumulated, stored, or physically, 
chemically, thermally, or biologically treated prior to being discarded 
or discharged.
    Waste management operation means the collection of off-site material 
management units, process vents, and equipment components used at a 
plant site to manage an off-site material stream from the point-of-
delivery to the point where the waste exits or is discharged from the 
plant site or the waste is placed for on-site disposal in a unit not 
subject to this subpart (e.g., a waste incinerator, a land disposal 
unit).
    Waste stabilization process means any physical or chemical process 
used to either reduce the mobility of hazardous constituents in a waste 
or eliminate free liquids as determined by Test

[[Page 167]]

Method 9095--Paint Filter Liquids Test in ``Test Methods for Evaluating 
Solid Waste, Physical/Chemical Methods,'' EPA Publication No. SW-846, 
Third Edition, September 1986, as amended by Update I, November 15, 
1992. (As an alternative, an owner or operator may use any more recent, 
updated version of Method 9095 approved by the EPA.) A waste 
stabilization process includes mixing the waste with binders or other 
materials and curing the resulting waste and binder mixture. Other 
synonymous terms used to refer to this process are ``waste fixation'' or 
``waste solidification.'' A waste stabilization process does not include 
the adding of absorbent materials to the surface of a waste, without 
mixing, agitation, or subsequent curing, to absorb free liquid.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38964, July 20, 1999; 80 
FR 14272, Mar. 18, 2015]



Sec.  63.682  [Reserved]



Sec.  63.683  Standards: General.

    (a) The general standards under this section apply to owners and 
operators of affected sources as designated in Sec.  63.680(c) of this 
subpart.
    (b) Off-site material management units. (1) For each off-site 
material management unit that is part of an affected source, the owner 
or operator must meet the requirements in either paragraph (b)(1)(i), 
(b)(1)(ii), or (b)(1)(iii) of this section except for those off-site 
material management units exempted under paragraph (b)(2) of this 
section.
    (i) The owner or operator controls air emissions from the off-site 
material management unit in accordance with the applicable standards 
specified in Sec. Sec.  63.685 through 63.689 of this subpart.
    (ii) The owner or operator removes or destroys HAP in the off-site 
material before placing the material in the off-site material management 
unit by treating the material in accordance with the standards specified 
in Sec.  63.684 of this subpart.
    (iii) The owner or operator determines before placing off-site 
material in the off-site material management unit that the average VOHAP 
concentration of the off-site material is less than 500 parts per 
million by weight (ppmw) at the point-of-delivery. The owner or operator 
must perform an initial determination of the average VOHAP concentration 
of the off-site material using the procedures specified in Sec.  
63.694(b) of this subpart. This initial determination must be performed 
either before the first time any portion of the off-site material stream 
is placed in the unit or by the compliance date, whichever date is 
later. Thereafter, the owner or operator must review and update, as 
necessary, this determination at least once every calendar year 
following the date of the initial determination for the off-site 
material stream.
    (2) An off-site material management unit is exempted from the 
requirements in paragraph (b)(1) of this section when the owner or 
operator meets one of the exemptions provided in paragraphs (b)(2)(i) 
through (b)(2)(iv) of this section as applicable to the unit.
    (i) An off-site material management unit is exempted from the 
requirements in paragraph (b)(1) of this section if the off-site 
material management unit is also subject to another subpart under 40 CFR 
part 63 or 40 CFR part 61, and the owner or operator is controlling the 
HAP listed in Table 1 of this subpart that are emitted from the unit in 
compliance with the provisions specified in the other applicable subpart 
under part 61 or part 63.
    (ii) At the discretion of the owner or operator, one or a 
combination of off-site material management units may be exempted from 
the requirements in paragraph (b)(1) of this section when these units 
meet the condition that the total annual quantity of HAP contained in 
the off-site material placed in the units exempted under this paragraph 
(b)(2)(ii) is less than 1 megagram per year. For the off-site material 
management units selected by the owner or operator to be exempted from 
the requirements in paragraph (b)(1) of this section, the owner or 
operator must meet the requirements in paragraphs (b)(2)(ii)(A) and 
(b)(2)(ii)(B) of this section. An owner or operator may change the off-
site material management units selected to be exempted under this 
paragraph (b)(2)(ii) by preparing a new designation for the exempt-units 
as required by paragraph

[[Page 168]]

(b)(2)(ii)(A) of this section and performing a new determination as 
required by paragraph (b)(2)(ii)(B) of this section.
    (A) The owner or operator must designate each of the off-site 
material management units selected by the owner or operator to be exempt 
under paragraph (b)(2)(ii) of this section by either submitting to the 
Administrator a written notification identifying the exempt-units or 
permanently marking the exempt-units at the plant site. If an owner or 
operator chooses to prepare and submit a written notification, this 
notification must include a site plan, process diagram, or other 
appropriate documentation identifying each of the exempt-units. If an 
owner or operator chooses to permanently mark the exempt-units, each 
exempt-unit must be marked in such a manner that it can be readily 
identified as an exempt-unit from the other off-site material management 
units located at the plant site.
    (B) The owner or operator must prepare an initial determination of 
the total annual HAP quantity in the off-site material placed in the 
units exempted under this paragraph (b)(2)(ii). This determination is 
based on the total quantity of the HAP listed in Table 1 of this subpart 
as determined at the point where the off-site material is placed in each 
exempted unit. The owner or operator must perform a new determination 
whenever the extent of changes to the quantity or composition of the 
off-site material placed in the exempted units could cause the total 
annual HAP content in the off-site material to exceed 1 megagram per 
year. The owner or operator must maintain documentation to support the 
most recent determination of the total annual HAP quantity. This 
documentation must include the basis and data used for determining the 
HAP content of the off-site material.
    (iii) A tank or surface impoundment is exempted from the 
requirements in paragraph (b)(1) of this section if the unit is used for 
a biological treatment process that meets the requirements in either 
paragraph (b)(2)(iii)(A) or (b)(2)(iii)(B) of this section and the owner 
or operator complies with the monitoring requirements in Sec.  
63.684(e)(4) of this subpart.
    (A) The HAP biodegradation efficiency (Rbio) for the 
biological treatment process is equal to or greater than 95 percent. The 
HAP biodegradation efficiency (Rbio) shall be determined in 
accordance with the requirements of Sec.  63.694(h) of this subpart.
    (B) The total actual HAP mass removal rate (MRbio) for 
the off-site material treated by the biological treatment process is 
equal to or greater than the required HAP mass removal rate (RMR) for 
the off-site material. The total actual HAP mass removal rate 
(MRbio) must be determined in accordance with the 
requirements of Sec.  63.694(i) of this subpart. The required HAP mass 
removal rate (RMR) must be determined in accordance with the 
requirements of Sec.  63.694(e) of this subpart.
    (iv) An off-site material management unit is exempted from the 
requirements in paragraph (b)(1) of this section if the off-site 
material placed in the unit is a hazardous waste that meets the 
conditions specified in either paragraph (b)(2)(iv)(A) or (b)(2)(iv)(B) 
of this section.
    (A) The hazardous waste meets the numerical organic concentration 
limits, applicable to the hazardous waste, as specified in 40 CFR part 
268--Land Disposal Restrictions, listed in the table, ``Treatment 
Standards for Hazardous Waste'' in 40 CFR 268.40.
    (B) The organic hazardous constituents in the hazardous waste have 
been treated by the treatment technology established by the EPA for the 
hazardous waste in 40 CFR 268.42(a), or have been removed or destroyed 
by an equivalent method of treatment approved by the EPA under 40 CFR 
268.42(b).
    (v) A tank used for bulk feed of off-site material to a waste 
incinerator is exempted from the requirements specified in paragraph 
(b)(1) of this section if the tank meets all of the conditions specified 
in paragraphs (b)(2)(v)(A) through (b)(2)(v)(C) of this section.
    (A) The tank is located inside an enclosure vented to a control 
device that is designed and operated in accordance with all applicable 
requirements specified under 40 CFR part 61, subpart FF--

[[Page 169]]

National Emission Standards for Benzene Waste Operations for a facility 
at which the total annual benzene quantity from the facility waste is 
equal to or greater than 10 megagrams per year;
    (B) The enclosure and control device serving the tank were installed 
and began operation prior to July 1, 1996; and
    (C) The enclosure is designed and operated in accordance with the 
criteria for a permanent total enclosure as specified in ``Procedure T--
Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, appendix B. The enclosure may have 
permanent or temporary openings to allow worker access; passage of 
material into or out of the enclosure by conveyor, vehicles, or other 
mechanical or electrical equipment; or to direct air flow into the 
enclosure. The owner or operator must annually perform the verification 
procedure for the enclosure as specified in Section 5.0 to ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure.''
    (c) Process vents. (1) For each process vent that is part of an 
affected source, the owner or operator must meet the requirements in 
either paragraph (c)(1)(i) or (c)(1)(ii) of this section except for 
those process vents exempted under paragraph (c)(2) of this section.
    (i) The owner or operator controls air emissions from the process 
vent in accordance with the standards specified in Sec.  63.690 of this 
subpart.
    (ii) The owner or operator determines before placing off-site 
material in the process equipment associated with the process vent that 
the average VOHAP concentration of the off-site material is less than 
500 ppmw at the point-of-delivery. The owner or operator must perform an 
initial determination of the average VOHAP concentration of the off-site 
material using the procedures specified in Sec.  63.694(b) of this 
subpart before any portion of the off-site material stream is placed in 
the unit. Thereafter, the owner or operator must review and update, as 
necessary, this determination at least once every calendar year 
following the date of the initial determination for the off-site 
material stream.
    (2) A process vent is exempted from the requirements of paragraph 
(c)(1) of this section when the owner or operator meets one of the 
exemptions provided in paragraphs (c)(2)(i) through (c)(2)(iii) of this 
section.
    (i) A process vent is exempted from the requirements in paragraph 
(c)(1) of this section if the process vent is also subject to another 
subpart under part 63 or 40 CFR part 61, and the owner or operator is 
controlling the HAP listed in Table 1 of this subpart that are emitted 
from the process vent in compliance with the provisions specified in the 
other applicable subpart under part 61 or part 63.
    (ii) A process vent is exempted from the requirements specified in 
paragraph (c)(1) of this section if the owner or operator determines 
that the process vent stream flow rate is less than 0.005 cubic meters 
per minute (m\3\/min) at standard conditions (as defined in 40 CFR 
63.2). The process vent stream flow rate shall be determined in 
accordance with the procedures specified in Sec.  63.694(m) of this 
subpart. Documentation must be prepared by the owner or operator and 
maintained at the plant site to support the determination of the process 
vent stream flow rate. This documentation must include identification of 
each process vent exempted under this paragraph and the test results 
used to determine the process vent stream flow rate.
    (iii) A process vent is exempted from the requirements specified in 
paragraph (c)(1) of this section if the owner or operator determines 
that the process vent stream flow rate is less than 6.0 m\3\/min at 
standard conditions (as defined in 40 CFR 63.2) and the total HAP 
concentration is less than 20 ppmv. The process vent stream flow rate 
and total HAP concentration shall be determined in accordance with the 
procedures specified in Sec.  63.694(m) of this subpart. Documentation 
must be prepared by the owner or operator and maintained at the plant 
site to support the determination of the process vent stream flow rate 
and total HAP concentration. This documentation must include 
identification of each process vent exempted under this paragraph 
(c)(2)(iii) and the test results used to determine the process vent 
stream flow

[[Page 170]]

rate and total HAP concentration. The owner or operator must perform a 
new determination of the process vent stream flow rate and total HAP 
concentration when the extent of changes to operation of the unit on 
which the process vent is used could cause either the process vent 
stream flow rate to exceed the limit of 6.0 m\3\/min or the total HAP 
concentration to exceed the limit of 20 ppmv.
    (d) Equipment leaks. The owner or operator must control equipment 
leaks from each equipment component that is part of the affected source 
specified in Sec.  63.680(c)(3) of this subpart by implementing leak 
detection and control measures in accordance with the standards 
specified in Sec.  63.691 of this subpart.
    (e) General duty. At all times, the owner or operator must operate 
and maintain any affected source, including associated air pollution 
control equipment and monitoring equipment, in a manner consistent with 
safety and good air pollution control practices for minimizing 
emissions. The general duty to minimize emissions does not require the 
owner operator to make any further efforts to reduce emissions if levels 
required by the applicable standard have been achieved. Determination of 
whether a source is operating in compliance with operation and 
maintenance requirements will be based on information available to the 
Administrator, which may include, but is not limited to, monitoring 
results, review of operation and maintenance procedures, review of 
operation and maintenance records, and inspection of the source.
    (f) In addition to the cases listed in Sec.  63.695(e)(4), deviation 
means any of the cases listed in paragraphs (f)(1) through (6) of this 
section.
    (1) Any instance in which an affected source subject to this 
subpart, or an owner or operator of such a source, fails to meet any 
requirement or obligation established by this subpart, including, but 
not limited to, any emission limit, operating limit or work practice 
standard.
    (2) When a performance test indicates that emissions of a pollutant 
in Table 1 to this subpart are exceeding the emission standard for the 
pollutant specified in Table 1 to this subpart.
    (3) When the average value of a monitored operating parameter, based 
on the data averaging period for compliance specified in Sec.  63.695, 
does not meet the operating limit specified in Sec.  63.693.
    (4) When an affected source discharges directly into the atmosphere 
from any of the sources specified in paragraphs (f)(4)(i) and (ii) of 
this section.
    (i) A pressure relief device, as defined in Sec.  63.681.
    (ii) A bypass, as defined in Sec.  63.681.
    (5) Any instance in which the affected source subject to this 
subpart, or an owner or operator of such a source, fails to meet any 
term or condition specified in paragraph (f)(5)(i) or (ii) of this 
section.
    (i) Any term or condition that is adopted to implement an applicable 
requirement in this subpart.
    (ii) Any term or condition relating to compliance with this subpart 
that is included in the operating permit for an affected source to 
obtain such a permit.
    (6) Any failure to collect required data, except for periods of 
monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, and required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration checks 
and required zero and span adjustments).

[64 FR 38965, July 20, 1999, as amended at 80 FR 14272, Mar. 18, 2015]



Sec.  63.684  Standards: Off-site material treatment.

    (a) The provisions of this section apply to the treatment of off-
site material to remove or destroy HAP for which Sec.  63.683(b)(1)(ii) 
of this subpart references the requirements of this section for such 
treatment.
    (b) The owner or operator shall remove or destroy the HAP contained 
in off-site material streams to be managed in the off-site material 
management unit in accordance with Sec.  63.683(b)(1)(ii) of this 
subpart using a treatment process that continuously achieves, under 
normal operations, one or more of the performance levels specified in 
paragraphs (b)(1) through (b)(5) of this section (as applicable to the 
type of treatment process) for the

[[Page 171]]

range of off-site material stream compositions and quantities expected 
to be treated.
    (1) VOHAP concentration. The treatment process shall reduce the 
VOHAP concentration of the off-site material using a means, other than 
by dilution, to achieve one of the following performance levels, as 
applicable:
    (i) In the case when every off-site material stream entering the 
treatment process has an average VOHAP concentration equal to or greater 
than 500 ppmw at the point-of-delivery, then the VOHAP concentration of 
the off-site material shall be reduced to a level that is less than 500 
ppmw at the point-of-treatment.
    (ii) In the case when off-site material streams entering the 
treatment process are a mixture of off-site material streams having an 
average VOHAP concentration equal to or greater than 500 ppmw at the 
point-of-delivery with off-site material streams having average VOHAP 
concentrations less than 500 ppmw at the point-of-delivery, then the 
VOHAP concentration of the off-site material must be reduced to a level 
at the point-of-treatment that meets the performance level specified in 
either paragraph (b)(1)(ii)(A) or (B) of this section.
    (A) Less than the VOHAP concentration limit (CR) 
established for the treatment process using the procedure specified in 
Sec.  63.694(d); or
    (B) Less than the lowest VOHAP concentration determined for each of 
the off-site material streams entering the treatment process as 
determined by the VOHAP concentration of the off-site material at the 
point-of-delivery.
    (2) HAP mass removal. The treatment process shall achieve a 
performance level such that the total quantity of HAP actually removed 
from the off-site material stream (MR) is equal to or greater than the 
required mass removal (RMR) established for the off-site material stream 
using the procedure specified in Sec.  63.694(e) of this subpart. The MR 
for the off-site material streams shall be determined using the 
procedures specified in Sec.  63.694(f) of this subpart.
    (3) HAP reduction efficiency. For any treatment process except a 
treatment process that uses biological degradation and is performed in 
an open tank or surface impoundment, the treatment process must achieve 
the applicable performance level specified in either paragraph (b)(3)(i) 
or (b)(3)(ii) of this section.
    (i) In the case when the owner or operator determines that off-site 
material stream entering the treatment process has an average VOHAP 
concentration less than 10,000 ppmw at the point-of-delivery, then the 
treatment process shall achieve a performance level such that the total 
quantity of HAP in the off-site material stream is reduced by 95 percent 
or more. The HAP reduction efficiency (R) for the treatment process 
shall be determined using the procedure specified in Sec.  63.694(g) of 
this subpart. The average VOHAP concentration of the off-site material 
stream at the point-of-delivery shall be determined using the procedure 
specified in Sec.  63.694(b) of this subpart.
    (ii) In the case when the off-site material stream entering the 
treatment process has an average VOHAP concentration equal to or greater 
than 10,000 ppmw at the point-of-delivery, then the treatment process 
shall achieve a performance level such that the total quantity of HAP in 
the off-site material stream is reduced by 95 percent or more, and the 
average VOHAP concentration of the off-site material at the point-of-
treatment is less than 100 parts per million by weight (ppmw). The HAP 
reduction efficiency (R) for the treatment process shall be determined 
using the procedure specified in Sec.  63.694(g) of this subpart. The 
average VOHAP concentration of the off-site material stream at the 
point-of-treatment shall be determined using the procedure specified in 
Sec.  63.694(c) of this subpart.
    (4) Biological degradation performed in an open tank or surface 
impoundment. A treatment process using biological degradation and 
performed in an open tank or surface impoundment must achieve the 
performance level specified in either paragraph (b)(4)(i) or (b)(4)(ii) 
of this section.
    (i) The HAP reduction efficiency (R) for the treatment process is 
equal to or greater than 95 percent, and the HAP biodegradation 
efficiency (Rbio) for the

[[Page 172]]

treatment process is equal to or greater than 95 percent. The HAP 
reduction efficiency (R) shall be determined using the procedure 
specified in Sec.  63.694(g) of this subpart. The HAP biodegradation 
efficiency (Rbio) shall be determined in accordance with the 
requirements of Sec.  63.694(h) of this subpart.
    (ii) The total quantity of HAP actually removed from the off-site 
material stream by biological degradation (MRbio) shall be 
equal to or greater than the required mass removal (RMR) established for 
the off-site material stream using the procedure specified in Sec.  
63.694(e) of this subpart. The MRbio of the off-site material 
stream shall be determined using the procedures specified in Sec.  
63.694(i) of this subpart.
    (5) Incineration. The treatment process must destroy the HAP 
contained in the off-site material stream using one of the combustion 
devices specified in paragraphs (b)(5)(i) through (v) of this section.
    (i) An incinerator for which the owner or operator has been issued a 
final permit under 40 CFR part 270, and the incinerator is designed and 
operated in accordance with the requirements of 40 CFR part 264, subpart 
O--Incinerators, or
    (ii) An incinerator for which the owner or operator has certified 
compliance with the interim status requirements of 40 CFR part 265, 
subpart O--Incinerators.
    (iii) A boiler or industrial furnace for which the owner or operator 
has been issued a final permit under 40 CFR part 270, and the combustion 
unit is designed and operated in accordance with the requirements of 40 
CFR part 266, subpart H--Hazardous Waste Burned in Boilers and 
Industrial Furnaces.
    (iv) A boiler or industrial furnace for which the owner or operator 
has certified compliance with the interim status requirements of 40 CFR 
part 266, subpart H Hazardous Waste Burned in Boilers and Industrial 
Furnaces.
    (v) An incinerator, boiler, or industrial furnace for which the 
owner or operator has submitted a Notification of Compliance under 
Sec. Sec.  63.1207(j) and 63.1210(d) and complies with the requirements 
of subpart EEE of this part at all times (including times when non-
hazardous waste is being burned).
    (c) For a treatment process that removes the HAP from the off-site 
material by a means other than thermal destruction or biological 
degradation to achieve one of the performances levels specified in 
paragraph (b)(1), (b)(2), or (b)(3) of this section, the owner or 
operator shall manage the HAP removed from the off-site material in such 
a manner to minimize release of these HAP to the atmosphere, to the 
extent practical. Examples of HAP emission control measures that meet 
the requirements of this paragraph include managing the HAP removed from 
the off-site material in units that use air emission controls in 
accordance with the standards specified in Sec. Sec.  63.685 through 
63.689 of this subpart, as applicable to the unit.
    (d) When the owner or operator treats the off-site material to meet 
one of the performance levels specified in paragraphs (b)(1) through 
(b)(4) of this section, the owner or operator shall demonstrate that the 
treatment process achieves the selected performance level for the range 
of expected off-site material stream compositions expected to be 
treated. An initial demonstration shall be performed as soon as possible 
but no later than 30 days after first time an owner or operator begins 
using the treatment process to manage off-site material streams in 
accordance with the requirements of either Sec.  63.683(b)(1)(ii) or 
Sec.  63.683(b)(2)(ii) of this subpart as applicable to the affected 
off-site material management unit or process equipment. Thereafter, the 
owner or operator shall review and update, as necessary, this 
demonstration at least once every calendar year following the date of 
the initial demonstration.
    (e) When the owner or operator treats the off-site material to meet 
one of the performance levels specified in paragraphs (b)(1) through 
(b)(4) of this section, the owner or operator shall ensure that the 
treatment process is achieving the applicable performance requirements 
by continuously monitoring the operation of the process when it is used 
to treat off-site material by complying with paragraphs (e)(1) through 
(e)(3) or, for biological treatment units, paragraph (e)(4) of this 
section:

[[Page 173]]

    (1) A continuous monitoring system shall be installed and operated 
for each treatment that measures operating parameters appropriate for 
the treatment process technology. This system shall include a continuous 
recorder that records the measured values of the selected operating 
parameters. The monitoring equipment shall be installed, calibrated, and 
maintained in accordance with the equipment manufacturer's 
specifications. The continuous recorder shall be a data recording device 
that is capable of recording either an instantaneous data value at least 
once every 15 minutes or an average value for intervals of 15 minutes or 
less.
    (2) For each monitored operating parameter, the owner or operator 
shall establish a minimum operating parameter value or a maximum 
operating parameter value, as appropriate, to define the range of 
conditions at which the treatment process must be operated to 
continuously achieve the applicable performance requirements of this 
section.
    (3) When the treatment process is operating to treat off-site 
material, the owner or operator shall inspect the data recorded by the 
continuous monitoring system on a routine basis and operate the 
treatment process such that the actual value of each monitored operating 
parameter is greater than the minimum operating parameter value or less 
than the maximum operating parameter value, as appropriate, established 
for the treatment process.
    (4) When the treatment process is a biological treatment process 
that is complying with paragraph (b)(4) of this section, the owner or 
operator must establish and implement a written procedure to monitor the 
appropriate parameters that demonstrate proper operation of the 
biological treatment unit in accordance with the evaluation required in 
Sec.  63.694(h) of this subpart. The written procedure must list the 
operating parameters that will be monitored and state the frequency of 
monitoring to ensure that the biological treatment unit is operating 
between the minimum operating parameter values and maximum operating 
parameter values to establish that the biological treatment unit is 
continuously achieving the performance requirement.
    (f) The owner or operator must maintain records for each treatment 
process in accordance with the requirements of Sec.  63.696(a) of this 
subpart.
    (g) The owner or operator must prepare and submit reports for each 
treatment process in accordance with the requirements of Sec.  63.697(a) 
of this subpart.
    (h) The Administrator may at any time conduct or require that the 
owner or operator conduct testing necessary to demonstrate that a 
treatment process is achieving the applicable performance requirements 
of this section. The testing shall be conducted in accordance with the 
applicable requirements of this section. The Administrator may elect to 
have an authorized representative observe testing conducted by the owner 
or operator.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38967, July 20, 1999; 66 
FR 1266, Jan. 8, 2001; 68 FR 37351, June 23, 2003; 80 FR 14273, Mar. 18, 
2015]



Sec.  63.685  Standards: Tanks.

    (a) The provisions of this section apply to the control of air 
emissions from tanks for which Sec.  63.683(b)(1)(i) of this subpart 
references the use of this section for such air emission control.
    (b) According to the date an affected source commenced construction 
or reconstruction and the date an affected source receives off-site 
material for the first time as established in Sec.  63.680(e)(i) through 
(iii), the owner or operator shall control air emissions from each tank 
subject to this section in accordance with either paragraph (b)(1)(i) or 
(ii) of this section.
    (1)(i) For a tank that is part of an existing affected source but 
the tank is not used for a waste stabilization process as defined in 
Sec.  63.681, the owner or operator shall determine whether the tank is 
required to use either Tank Level 1 controls or Tank Level 2 controls as 
specified for the tank by Table 3 of this subpart based on the off-site 
material maximum HAP vapor pressure and the tank's design capacity. The 
owner or operator shall control air emissions from a tank required by 
Table 3 to use Tank Level 1 controls in accordance with the requirements 
of

[[Page 174]]

paragraph (c) of this section. The owner or operator shall control air 
emissions from a tank required by Table 3 to use Tank Level 2 controls 
in accordance with the requirements of paragraph (d) of this section.
    (ii) For a tank that is part of an existing affected source but the 
tank is not used for a waste stabilization process as defined in Sec.  
63.681, the owner or operator shall determine whether the tank is 
required to use either Tank Level 1 controls or Tank Level 2 controls as 
specified for the tank by Table 4 of this subpart based on the off-site 
material maximum HAP vapor pressure and the tank's design capacity. The 
owner or operator shall control air emissions from a tank required by 
Table 4 to use Tank Level 1 controls in accordance with the requirements 
of paragraph (c) of this section. The owner or operator shall control 
air emissions from a tank required by Table 4 to use Tank Level 2 
controls in accordance with the requirements of paragraph (d) of this 
section.
    (2) For a tank that is part of a new affected source but the tank is 
not used for a waste stabilization process as defined in Sec.  63.681, 
the owner or operator shall determine whether the tank is required to 
use either Tank Level 1 controls or Tank Level 2 controls as specified 
for the tank by Table 5 of this subpart based on the off-site material 
maximum HAP vapor pressure and the tank's design capacity. The owner or 
operator shall control air emissions from a tank required by Table 5 to 
use Tank Level 1 controls in accordance with the requirements of 
paragraph (c) of this section. The owner or operator shall control air 
emissions from a tank required by Table 5 to use Tank Level 2 controls 
in accordance with the requirements of paragraph (d) of this section.
    (3) For a tank that is used for a waste stabilization process, the 
owner or operator shall control air emissions from the tank by using 
Tank Level 2 controls in accordance with the requirements of paragraph 
(d) of this section.
    (c) Owners and operators controlling air emissions from a tank using 
Tank Level 1 controls shall meet the following requirements:
    (1) The owner or operator shall determine the maximum HAP vapor 
pressure for an off-site material to be managed in the tank using Tank 
Level 1 controls before the first time the off-site material is placed 
in the tank. The maximum HAP vapor pressure shall be determined using 
the procedures specified in Sec.  63.694(j). Thereafter, the owner or 
operator shall perform a new determination whenever changes to the off-
site material managed in the tank could potentially cause the maximum 
HAP vapor pressure to increase to a level that is equal to or greater 
than the maximum HAP vapor pressure limit for the tank design capacity 
category specified in Table 3, Table 4, or Table 5 of this subpart, as 
applicable to the tank.
    (2) The owner or operator must control air emissions from the tank 
in accordance with the requirements in either paragraph (c)(2)(i), 
(c)(2)(ii), or (c)(2)(iii) of this section, as applicable to the tank.
    (i) The owner or operator controls air emissions from the tank in 
accordance with the provisions specified in subpart OO of this part--
National Emission Standards for Tanks--Level 1, except that Sec.  
63.902(c)(2) and (3) shall not apply for the purposes of this subpart.
    (ii) As an alternative to meeting the requirements in paragraph 
(c)(2)(i) of this section, an owner or operator may control air 
emissions from the tank in accordance with the provisions for Tank Level 
2 controls as specified in paragraph (d) of this section.
    (iii) As an alternative to meeting the requirements in paragraph 
(c)(2)(i) of this section when a tank is used as an interim transfer 
point to transfer off-site material from containers to another off-site 
material management unit, an owner or operator may control air emissions 
from the tank in accordance with the requirements in paragraphs 
(c)(2)(iii)(A) and (c)(2)(iii)(B) of this section. An example of such a 
tank is an in-ground tank into which organic-contaminated debris is 
dumped from roll-off boxes or dump trucks, and then this debris is 
promptly transferred from the tank to a macroencapsulation unit by a 
backhoe.
    (A) During those periods of time when the material transfer activity 
is

[[Page 175]]

occurring, the tank may be operated without a cover.
    (B) At all other times, air emissions from the tank must be 
controlled in accordance with the provisions specified in subpart OO of 
this part--National Emission Standards for Tanks--Level 1, with the 
exceptions specified in paragraphs (c)(2)(iii)(B)(1) and (2) of this 
section.
    (1) Where Sec.  63.902(c)(2) provides an exception for a spring-
loaded pressure-vacuum relief valve, conservation vent, or similar type 
of pressure relief device which vents to the atmosphere, only a 
conservation vent shall be eligible for the exception for the purposes 
of this subpart.
    (2) Section 63.902(c)(3) shall not apply for the purposes of this 
subpart.
    (d) Owners and operators controlling air emissions from a tank using 
Tank Level 2 controls shall use one of the following tanks:
    (1) A fixed-roof tank equipped with an internal floating roof in 
accordance with the requirements specified in paragraph (e) of this 
section;
    (2) A tank equipped with an external floating roof in accordance 
with the requirements specified in paragraph (f) of this section;
    (3) A tank vented through a closed-vent system to a control device 
in accordance with the requirements specified in paragraph (g) of this 
section;
    (4) A pressure tank designed and operated in accordance with the 
requirements specified in paragraph (h) of this section; or
    (5) A tank located inside an enclosure that is vented through a 
closed-vent system to an enclosed combustion control device in 
accordance with the requirements specified in paragraph (i) of this 
section.
    (e) The owner or operator who elects to control air emissions from a 
tank using a fixed-roof with an internal floating roof shall meet the 
requirements specified in paragraphs (e)(1) through (e)(3) of this 
section.
    (1) The tank shall be equipped with a fixed roof and an internal 
floating roof in accordance with the following requirements:
    (i) The internal floating roof shall be designed to float on the 
liquid surface except when the floating roof must be supported by the 
leg supports.
    (ii) The internal floating roof shall be equipped with a continuous 
seal between the wall of the tank and the floating roof edge that meets 
either of the following requirements:
    (A) A single continuous seal that is either a liquid-mounted seal or 
a metallic shoe seal, as defined in Sec.  63.681 of this subpart; or
    (B) Two continuous seals mounted one above the other. The lower seal 
may be a vapor-mounted seal.
    (iii) The internal floating roof shall meet the following 
specifications:
    (A) Each opening in a noncontact internal floating roof except for 
automatic bleeder vents (vacuum breaker vents) and the rim space vents 
is to provide a projection below the liquid surface.
    (B) Each opening in the internal floating roof shall be equipped 
with a gasketed cover or a gasketed lid except for leg sleeves, 
automatic bleeder vents, rim space vents, column wells, ladder wells, 
sample wells, and stub drains.
    (C) Each penetration of the internal floating roof for the purpose 
of sampling shall have a slit fabric cover that covers at least 90 
percent of the opening.
    (D) Each automatic bleeder vent and rim space vent shall be 
gasketed.
    (E) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (F) Each penetration of the internal floating roof that allows for 
passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (2) The owner or operator shall operate the tank in accordance with 
the following requirements:
    (i) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be accomplished as soon as practical.
    (ii) Automatic bleeder vents are to be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.

[[Page 176]]

    (iii) Prior to filling the tank, each cover, access hatch, gauge 
float well or lid on any opening in the internal floating roof shall be 
bolted or fastened closed (i.e., no visible gaps). Rim spaces vents are 
to be set to open only when the internal floating roof is not floating 
or when the pressure beneath the rim exceeds the manufacturer's 
recommended setting.
    (3) The owner or operator shall inspect the internal floating roof 
in accordance with the procedures specified in Sec.  63.695(b) of this 
subpart.
    (f) The owner or operator who elects to control tank emissions by 
using an external floating roof shall meet the requirements specified in 
paragraphs (f)(1) through (f)(3) of this section.
    (1) The owner or operator shall design the external floating roof in 
accordance with the following requirements:
    (i) The external floating roof shall be designed to float on the 
liquid surface except when the floating roof must be supported by the 
leg supports.
    (ii) The floating roof shall be equipped with two continuous seals, 
one above the other, between the wall of the tank and the roof edge. The 
lower seal is referred to as the primary seal, and the upper seal is 
referred to as the secondary seal.
    (A) The primary seal shall be a liquid-mounted seal or a metallic 
shoe seal, as defined in Sec.  63.681 of this subpart. The total area of 
the gaps between the tank wall and the primary seal shall not exceed 212 
square centimeters (cm2) per meter of tank diameter, and the width of 
any portion of these gaps shall not exceed 3.8 centimeters (cm). If a 
metallic shoe seal is used for the primary seal, the metallic shoe seal 
shall be designed so that one end extends into the liquid in the tank 
and the other end extends a vertical distance of at least 61 centimeters 
(24 inches) above the liquid surface.
    (B) The secondary seal shall be mounted above the primary seal and 
cover the annular space between the floating roof and the wall of the 
tank. The total area of the gaps between the tank wall and the secondary 
seal shall not exceed 21.2 square centimeters (cm\2\) per meter of tank 
diameter, and the width of any portion of these gaps shall not exceed 
1.3 centimeters (cm).
    (iii) The external floating roof shall be meet the following 
specifications:
    (A) Except for automatic bleeder vents (vacuum breaker vents) and 
rim space vents, each opening in a noncontact external floating roof 
shall provide a projection below the liquid surface.
    (B) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof shall be equipped with 
a gasketed cover, seal, or lid.
    (C) Each access hatch and each gauge float wells shall be equipped 
with covers designed to be bolted or fastened when the cover is secured 
in the closed position.
    (D) Each automatic bleeder vent and each rim space vents shall be 
equipped with a gasket.
    (E) Each roof drain that empties into the liquid managed in the tank 
shall be equipped with a slotted membrane fabric cover that covers at 
least 90 percent of the area of the opening.
    (F) Each unslotted and slotted guide pole well shall be equipped 
with a gasketed sliding cover or a flexible fabric sleeve seal.
    (G) Each unslotted guide pole shall be equipped with a gasketed cap 
on the end of the pole.
    (H) Each slotted guide pole shall be equipped with a gasketed float 
or other device which closes off the surface from the atmosphere.
    (I) Each gauge hatch and each sample well shall be equipped with a 
gasketed cover.
    (2) The owner or operator shall operate the tank in accordance with 
the following requirements:
    (i) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be accomplished as soon as practical.
    (ii) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof shall be secured and 
maintained in a closed position at all times except when the closure 
device must be open for access.
    (iii) Covers on each access hatch and each gauge float well shall be 
bolted or

[[Page 177]]

fastened when secured in the closed position.
    (iv) Automatic bleeder vents shall be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.
    (v) Rim space vents shall be set to open only at those times that 
the roof is being floated off the roof leg supports or when the pressure 
beneath the rim seal exceeds the manufacturer's recommended setting.
    (vi) The cap on the end of each unslotted guide pole shall be 
secured in the closed position at all times except when measuring the 
level or collecting samples of the liquid in the tank.
    (vii) The cover on each gauge hatch or sample well shall be secured 
in the closed position at all times except when the hatch or well must 
be opened for access.
    (viii) Both the primary seal and the secondary seal shall completely 
cover the annular space between the external floating roof and the wall 
of the tank in a continuous fashion except during inspections.
    (3) The owner or operator shall inspect the external floating roof 
in accordance with the procedures specified in Sec.  63.695(b) of this 
subpart.
    (g) The owner or operator who controls tank air emissions by venting 
to a control device shall meet the requirements specified in paragraphs 
(g)(1) through (g)(3) of this section.
    (1) The tank shall be covered by a fixed roof and vented directly 
through a closed-vent system to a control device in accordance with the 
following requirements:
    (i) The fixed roof and its closure devices shall be designed to form 
a continuous barrier over the entire surface area of the liquid in the 
tank.
    (ii) Each opening in the fixed roof not vented to the control device 
shall be equipped with a closure device. If the pressure in the vapor 
headspace underneath the fixed roof is less than atmospheric pressure 
when the control device is operating, the closure devices shall be 
designed to operate such that when the closure device is secured in the 
closed position there are no visible cracks, holes, gaps, or other open 
spaces in the closure device or between the perimeter of the cover 
opening and the closure device. If the pressure in the vapor headspace 
underneath the fixed roof is equal to or greater than atmospheric 
pressure when the control device is operating, the closure device shall 
be designed to operate with no detectable organic emissions.
    (iii) The fixed roof and its closure devices shall be made of 
suitable materials that will minimize exposure of the off-site material 
to the atmosphere, to the extent practical, and will maintain the 
integrity of the equipment throughout its intended service life. Factors 
to be considered when selecting the materials for and designing the 
fixed roof and closure devices shall include: organic vapor 
permeability, the effects of any contact with the liquid and its vapor 
managed in the tank; the effects of outdoor exposure to wind, moisture, 
and sunlight; and the operating practices used for the tank on which the 
fixed roof is installed.
    (iv) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec.  63.693 of this 
subpart.
    (2) Whenever an off-site material is in the tank, the fixed roof 
shall be installed with each closure device secured in the closed 
position and the vapor headspace underneath the fixed roof vented to the 
control device except that venting to the control device is not 
required, and opening of closure devices or removal of the fixed roof is 
allowed at the following times:
    (i) To provide access to the tank for performing routine inspection, 
maintenance, or other activities needed for normal operations. Examples 
of such activities include those times when a worker needs to open a 
port to sample liquid in the tank, or when a worker needs to open a 
hatch to maintain or repair equipment. Following completion of the 
activity, the owner or operator shall promptly secure the closure device 
in the closed position or reinstall the cover, as applicable, to the 
tank.
    (ii) To remove accumulated sludge or other residues from the bottom 
of the tank.
    (3) The owner or operator shall inspect and monitor the air emission 
control equipment in accordance with

[[Page 178]]

the procedures specified in Sec.  63.695 of this subpart.
    (h) The owner or operator who elects to control tank air emissions 
by using a pressure tank shall meet the following requirements.
    (1) The tank shall be designed not to vent to the atmosphere as a 
result of compression of the vapor headspace in the tank during filling 
of the tank to its design capacity.
    (2) All tank openings shall be equipped with closure devices 
designed to operate with no detectable organic emissions as determined 
using the procedure specified in Sec.  63.694(k) of this subpart.
    (3) Whenever an off-site material is in the tank, the tank shall be 
operated as a closed system that does not vent to the atmosphere except 
at those times when purging of inerts from the tank is required and the 
purge stream is routed to a closed-vent system and control device 
designed and operated in accordance with the requirements of Sec.  
63.693.
    (i) The owner or operator who elects to control air emissions by 
using an enclosure vented through a closed-vent system to an enclosed 
combustion control device shall meet the requirements specified in 
paragraphs (i)(1) through (3) of this section.
    (1) The tank shall be located inside an enclosure. The enclosure 
shall be designed and operated in accordance with the criteria for a 
permanent total enclosure as specified in ``Procedure T--Criteria for 
and Verification of a Permanent or Temporary Total Enclosure'' under 40 
CFR 52.741, appendix B. The enclosure may have permanent or temporary 
openings to allow worker access; passage of material into or out of the 
enclosure by conveyor, vehicles, or other mechanical means; entry of 
permanent mechanical or electrical equipment; or to direct airflow into 
the enclosure. The owner or operator shall perform the verification 
procedure for the enclosure as specified in Section 5.0 to ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' initially when the enclosure is first installed and, 
thereafter, annually.
    (2) The enclosure shall be vented through a closed-vent system to an 
enclosed combustion control device that is designed and operated in 
accordance with the standards for either a vapor incinerator, boiler, or 
process heater specified in Sec.  63.693 of this subpart.
    (3) The owner or operator shall inspect and monitor the closed-vent 
system and control device as specified in Sec.  63.693.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38968, July 20, 1999; 66 
FR 1266, Jan. 8, 2001; 80 FR 14273, Mar. 18, 2015]



Sec.  63.686  Standards: Oil-water and organic-water separators.

    (a) The provisions of this section apply to the control of air 
emissions from oil-water separators and organic-water separators for 
which Sec.  63.683(b)(1)(i) of this subpart references the use of this 
section for such air emission control.
    (b) The owner or operator shall control air emissions from each 
separator subject to this section by using one of the following:
    (1) A floating roof in accordance with all applicable provisions 
specified in subpart VV of this part--National Emission Standards for 
Oil-Water Separators and Organic-Water Separators, except that 
Sec. Sec.  63.1043(c)(2), 63.1044(c)(2), and 63.1045(b)(3)(i) shall not 
apply for the purposes of this subpart. For portions of the separator 
where it is infeasible to install and operate a floating roof, such as 
over a weir mechanism, the owner or operator shall comply with the 
requirements specified in paragraph (b)(2) of this section.
    (2) A fixed-roof that is vented through a closed-vent system to a 
control device in accordance with all applicable provisions specified in 
subpart VV of this part--National Emission Standards for Oil-Water 
Separators and Organic-Water Separators, except that Sec. Sec.  
63.1043(c)(2), 63.1044(c)(2), and 63.1045(b)(3)(i) shall not apply for 
the purposes of this subpart.
    (3) A pressurized separator that operates as a closed system in 
accordance with all applicable provisions specified in subpart VV of 
this part--National Emission Standards for Oil-Water Separators and 
Organic-Water Separators, except that Sec. Sec.  63.1043(c)(2), 
63.1044(c)(2),

[[Page 179]]

and 63.1045(b)(3)(i) shall not apply for the purposes of this subpart.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38969, July 20, 1999; 80 
FR 14274, Mar. 18, 2015]



Sec.  63.687  Standards: Surface impoundments.

    (a) The provisions of this section apply to the control of air 
emissions from surface impoundments for which Sec.  63.683(b)(1)(i) of 
this subpart references the use of this section for such air emission 
control.
    (b) The owner or operator shall control air emissions from each 
surface impoundment subject to this section by using one of the 
following:
    (1) A floating membrane cover in accordance with the applicable 
provisions specified in subpart QQ of this part--National Emission 
Standards for Surface Impoundments, except that Sec. Sec.  63.942(c)(2) 
and (3) and 63.943(c)(2) shall not apply for the purposes of this 
subpart; or
    (2) A cover that is vented through a closed-vent system to a control 
device in accordance with all applicable provisions specified in subpart 
QQ of this part--National Emission Standards for Surface Impoundments, 
except that Sec. Sec.  63.942(c)(2) and (3) and 63.943(c)(2) shall not 
apply for the purposes of this subpart.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38969, July 20, 1999; 80 
FR 14274, Mar. 18, 2015]



Sec.  63.688  Standards: Containers.

    (a) The provisions of this section apply to the control of air 
emissions from containers for which Sec.  63.683(b)(1)(i) of this 
subpart references the use of this section for such air emission 
control.
    (b) The owner or operator shall control air emissions from each 
container subject to this section in accordance with the following 
requirements, as applicable to the container, except when the special 
provisions for waste stabilization processes specified in paragraph (c) 
of this section apply to the container.
    (1) For a container having a design capacity greater than 0.1 m\3\ 
and less than or equal to 0.46 m\3\, the owner or operator must control 
air emissions from the container in accordance with the requirements in 
either paragraph (b)(1)(i) or (b)(1)(ii) of this section.
    (i) The owner or operator controls air emissions from the container 
in accordance with the standards for Container Level 1 controls as 
specified in subpart PP of this part--National Emission Standards for 
Containers, except that Sec. Sec.  63.922(d)(4) and (5) and 63.923(d)(4) 
and (5) shall not apply for the purposes of this subpart.
    (ii) As an alternative to meeting the requirements in paragraph 
(b)(1)(i) of this section, an owner or operator may choose to control 
air emissions from the container in accordance with the standards for 
either Container Level 2 controls or Container Level 3 controls as 
specified in subpart PP of this part--National Emission Standards for 
Containers, except that Sec. Sec.  63.922(d)(4) and (5) and 63.923(d)(4) 
and (5) shall not apply for the purposes of this subpart.
    (2) For a container having a design capacity greater than 0.46 m\3\ 
and the container is not in light-material service as defined in Sec.  
63.681 of this subpart, the owner or operator must control air emissions 
from the container in accordance with the requirements in either 
paragraph (b)(1)(i) or (b)(1)(ii) of this section.
    (3) For a container having a design capacity greater than 0.46 m\3\ 
and the container is in light-material service as defined in Sec.  
63.681 of this subpart, the owner or operator must control air emissions 
from the container in accordance with the requirements in either 
paragraph (b)(3)(i) or (b)(3)(ii) of this section.
    (i) The owner or operator controls air emissions from the container 
in accordance with the standards for Container Level 2 controls as 
specified in subpart PP of this part--National Emission Standards for 
Containers, except that Sec. Sec.  63.922(d)(4) and (5) and 63.923(d)(4) 
and (5) shall not apply for the purposes of this subpart.
    (ii) As an alternative to meeting the requirements in paragraph 
(b)(3)(i) of this section, an owner or operator may choose to control 
air emissions from the container in accordance with the standards for 
Container Level 3 controls as specified in 40 CFR part 63,

[[Page 180]]

subpart PP--National Emission Standards for Containers.
    (c) When a container subject to this subpart and having a design 
capacity greater than 0.1 m\3\ is used for treatment of an off-site 
material by a waste stabilization process as defined in Sec.  63.681 of 
this subpart, the owner or operator shall control air emissions from the 
container at those times during the process when the off-site material 
in the container is exposed to the atmosphere in accordance with the 
standards for Container Level 3 controls as specified in 40 CFR part 63, 
subpart PP--National Emission Standards for Containers.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38969, July 20, 1999; 80 
FR 14274, Mar. 18, 2015]



Sec.  63.689  Standards: Transfer systems.

    (a) The provisions of this section apply to the control of air 
emissions from transfer systems for which Sec.  63.683(b)(1)(i) of this 
subpart references the use of this section for such air emission 
control.
    (b) For each transfer system that is subject to this section and is 
an individual drain system, the owner or operator shall control air 
emissions in accordance with the standards specified in 40 CFR part 63, 
subpart RR--National Emission Standards for Individual Drain Systems.
    (c) For each transfer system that is subject to this section but is 
not an individual drain system, the owner or operator shall control air 
emissions by using one of the transfer systems specified in paragraphs 
(c)(1) through (c)(3) of this section.
    (1) A transfer system that uses covers in accordance with the 
requirements specified in paragraph (d) of this section.
    (2) A transfer system that consists of continuous hard-piping. All 
joints or seams between the pipe sections shall be permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal 
pipe or a bolted and gasketed flange).
    (3) A transfer system that is enclosed and vented through a closed-
vent system to a control device in accordance with the requirements 
specified in paragraphs (c)(3)(i) and (c)(3)(ii) of this section.
    (i) The transfer system is designed and operated such that an 
internal pressure in the vapor headspace in the enclosure is maintained 
at a level less than atmospheric pressure when the control device is 
operating, and
    (ii) The closed-vent system and control device are designed and 
operated in accordance with the requirements of Sec.  63.693 of this 
subpart.
    (d) Owners and operators controlling air emissions from a transfer 
system using covers in accordance with the provisions of paragraph 
(c)(1) of this section shall meet the requirements specified in 
paragraphs (d)(1) through (d)(6) of this section.
    (1) The cover and its closure devices shall be designed to form a 
continuous barrier over the entire surface area of the off-site material 
as it is conveyed by the transfer system except for the openings at the 
inlet and outlet to the transfer system through which the off-site 
material passes. The inlet and outlet openings used for passage of the 
off-site material through the transfer system shall be the minimum size 
required for practical operation of the transfer system.
    (2) The cover shall be installed in a manner such that there are no 
visible cracks, holes, gaps, or other open spaces between cover section 
joints or between the interface of the cover edge and its mounting.
    (3) Except for the inlet and outlet openings to the transfer system 
through which the off-site material passes, each opening in the cover 
shall be equipped with a closure device designed to operate such that 
when the closure device is secured in the closed position there are no 
visible cracks, holes, gaps, or other open spaces in the closure device 
or between the perimeter of the opening and the closure device.
    (4) The cover and its closure devices shall be made of suitable 
materials that will minimize exposure of the off-site material to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the equipment throughout its intended service life. Factors to be 
considered when selecting the materials for and designing the cover and

[[Page 181]]

closure devices shall include: organic vapor permeability; the effects 
of any contact with the material or its vapors conveyed in the transfer 
system; the effects of outdoor exposure to wind, moisture, and sunlight; 
and the operating practices used for the transfer system on which the 
cover is installed.
    (5) Whenever an off-site material is in the transfer system, the 
cover shall be installed with each closure device secured in the closed 
position, except the opening of closure devices or removal of the cover 
is allowed to provide access to the transfer system for performing 
routine inspection, maintenance, repair, or other activities needed for 
normal operations. Examples of such activities include those times when 
a worker needs to open a hatch or remove the cover to repair conveyance 
equipment mounted under the cover or to clear a blockage of material 
inside the system. Following completion of the activity, the owner or 
operator shall promptly secure the closure device in the closed position 
or reinstall the cover, as applicable.
    (6) The owner or operator shall inspect the air emission control 
equipment in accordance with the requirements specified in Sec.  63.695 
of this subpart.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38970, July 20, 1999; 80 
FR 14275, Mar. 18, 2015]



Sec.  63.690  Standards: Process vents.

    (a) The provisions of this section apply to the control of air 
emissions from process vents for which Sec.  63.683(c)(1)(i) of this 
subpart references the use of this section for such air emission 
control.
    (b) The owner or operator must route the vent stream from each 
affected process vent through a closed-vent system to a control device 
that meets the standards specified in Sec.  63.693 of this subpart. For 
the purpose of complying with this paragraph (b), a primary condenser is 
not a control device; however, a second condenser or other organic 
recovery device that is operated downstream of the primary condenser is 
considered a control device.

[64 FR 38970, July 20, 1999]



Sec.  63.691  Standards: Equipment leaks.

    (a) The provisions of this section apply to the control of air 
emissions from equipment leaks for which Sec.  63.683(d) references the 
use of this section for such air emissions control.
    (b) According to the date an affected source commenced construction 
or reconstruction and the date an affected source receives off-site 
material for the first time, as established in Sec.  63.680(e)(i) 
through (iii), the owner or operator shall control the HAP emitted from 
equipment leaks in accordance with the applicable provisions specified 
in either paragraph (b)(1) or (2) of this section.
    (1)(i) The owner or operator controls the HAP emitted from equipment 
leaks in accordance with Sec. Sec.  61.241 through 61.247 in 40 CFR part 
61, subpart V--National Emission Standards for Equipment Leaks, with the 
difference noted in paragraphs (b)(1)(iii) and (iv) of this section for 
the purposes of this subpart; or
    (ii) The owner or operator controls the HAP emitted from equipment 
leaks in accordance with Sec. Sec.  63.161 through 63.182 in subpart H 
of this part--National Emission Standards for Organic Hazardous Air 
Pollutants from Equipment Leaks, with the differences noted in 
paragraphs (b)(2)(i) through (iv) of this section for the purposes of 
this subpart.
    (iii) On or after March 18, 2015, for the purpose of complying with 
the requirements of 40 CFR 61.242-6(a)(2) or the requirements of Sec.  
63.167(a)(2), the open end is sealed when instrument monitoring of the 
open-ended valve or line conducted according to Method 21 of 40 CFR part 
60, appendix A indicates no readings of 500 ppm or greater.
    (iv) On or after March 18, 2015, for the purpose of complying with 
the requirements of 40 CFR 61.242-6(d) or the requirements of Sec.  
63.167(d), open-ended valves or lines in an emergency shutdown system 
which are designed to open automatically in the event of a process upset 
and that are exempt from the requirements in 40 CFR 61.242-6(a), (b), 
and (c) or Sec.  63.167(a), (b), and (c) must comply with the 
requirements in Sec.  63.693(c)(2).
    (2) The owner or operator controls the HAP emitted from equipment 
leaks

[[Page 182]]

in accordance with Sec. Sec.  63.161 through 63.183 in subpart H of this 
part--National Emission Standards for Organic Hazardous Air Pollutants 
for Equipment Leaks, with the differences noted in paragraphs (b)(2)(i) 
through (v) of this section for the purposes of this subpart.
    (i) For each valve in gas/vapor or in light liquid service, as 
defined in Sec.  63.681, that is part of an affected source under this 
subpart, an instrument reading that defines a leak is 500 ppm or greater 
as detected by Method 21 of 40 CFR part 60, appendix A.
    (ii) For each pump in light liquid service, as defined in Sec.  
63.681, that is part of an affected source under this subpart, an 
instrument reading that defines a leak is 1,000 ppm or greater as 
detected by Method 21 of 40 CFR part 60, appendix A. Repair is not 
required unless an instrument reading of 2,000 ppm or greater is 
detected.
    (iii) On or after March 18, 2015, for the purpose of complying with 
the requirements of Sec.  63.167(a)(2), the open end is sealed when 
instrument monitoring of the open-ended valve or line conducted 
according to Method 21 of 40 CFR part 60, appendix A indicates no 
readings of 500 ppm or greater.
    (iv) On or after March 18, 2015, for the purpose of complying with 
the requirements of Sec.  63.167(d), open-ended valves or lines in an 
emergency shutdown system which are designed to open automatically in 
the event of a process upset and that are exempt from the requirements 
in Sec.  63.167(a), (b), and (c) must comply with the requirements in 
Sec.  63.693(c)(2).
    (v) For the purposes of this subpart, the pressure relief device 
requirements of Sec.  63.691(c) of this subpart rather than those of 
Sec.  63.165 or of 40 CFR 61.242-4, as applicable, shall apply. The 
pressure relief device requirements of Sec.  63.691(c)(3) and (4) apply 
in addition to the requirements of Sec.  63.169 or of 40 CFR 61.242-8, 
as applicable, for pressure relief devices in liquid service.
    (c) Requirements for pressure relief devices. Except as provided in 
paragraph (c)(4) of this section, the owner or operator must comply with 
the requirements specified in paragraphs (c)(1) through (3) of this 
section for pressure relief devices in off-site material service.
    (1) Operating requirements. Except during a pressure release event, 
operate each pressure relief device in gas/vapor service with an 
instrument reading of less than 500 ppm above background as detected by 
Method 21 of 40 CFR part 60, appendix A.
    (2) Pressure release requirements. For pressure relief devices in 
gas/vapor service, the owner or operator must comply with either 
paragraph (c)(2)(i) or (ii) of this section following a pressure 
release, as applicable.
    (i) If the pressure relief device does not consist of or include a 
rupture disk, the pressure relief device shall be returned to a 
condition indicated by an instrument reading of less than 500 ppm above 
background, as detected by Method 21 of 40 CFR part 60, appendix A, no 
later than 5 calendar days after the pressure release device returns to 
off-site material service following a pressure release, except as 
provided in Sec.  63.171.
    (ii) If the pressure relief device consists of or includes a rupture 
disk, except as provided in Sec.  63.171, install a replacement disk as 
soon as practicable but no later than 5 calendar days after the pressure 
release.
    (3) Pressure release management. Except as provided in paragraph 
(c)(4) of this section, emissions of HAP listed in Table 1 of this 
subpart may not be discharged directly to the atmosphere from pressure 
relief devices in off-site material service, and according to the date 
an affected source commenced construction or reconstruction and the date 
an affected source receives off-site material for the first time, as 
established in Sec.  63.680(e)(1)(i) through (iii), the owner or 
operator must comply with the requirements specified in paragraphs 
(c)(3)(i) and (ii) of this section for all pressure relief devices in 
off-site material service.
    (i) The owner or operator must equip each pressure relief device in 
off-site material service with a device(s) or use a monitoring system. 
The device or monitoring system may be either specific to the pressure 
release device itself or may be associated with the process system or 
piping, sufficient to

[[Page 183]]

indicate a pressure release to the atmosphere. Examples of these types 
of devices or monitoring systems include, but are not limited to, a 
rupture disk indicator, magnetic sensor, motion detector on the pressure 
relief valve stem, flow monitor, pressure monitor, or parametric 
monitoring system. The devices or monitoring systems must be capable of 
meeting the requirements specified in paragraphs (c)(3)(i)(A) through 
(C) of this section.
    (A) Identifying the pressure release;
    (B) Recording the time and duration of each pressure release; and
    (C) Notifying operators immediately that a pressure release is 
occurring.
    (ii) If any pressure relief device in off-site material service 
releases directly to the atmosphere as a result of a pressure release 
event, the owner or operator must calculate the quantity of HAP listed 
in Table 1 of this subpart released during each pressure release event 
and report this quantity as required in Sec.  63.697(b)(5). Calculations 
may be based on data from the pressure relief device monitoring alone or 
in combination with process parameter monitoring data and process 
knowledge.
    (4) Pressure relief devices routed to a drain system, fuel gas 
system, process or control device. If a pressure relief device in off-
site material service is designed and operated to route all pressure 
releases through a closed vent system to a drain system, fuel gas 
system, process or control device, paragraphs (c)(1), (2), and (3) of 
this section do not apply. The fuel gas system or closed vent system and 
the process or control device (if applicable) must meet the requirements 
of Sec.  63.693. The drain system (if applicable) must meet the 
requirements of Sec.  63.689.

[64 FR 38970, July 20, 1999, as amended at 66 FR 1266, Jan. 8, 2001; 80 
FR 14275, Mar. 18, 2015]



Sec.  63.692  [Reserved]



Sec.  63.693  Standards: Closed-vent systems and control devices.

    (a) The provisions of this section apply to closed-vent systems and 
control devices used to control air emissions for which another standard 
references the use of this section for such air emission control.
    (b) For each closed-vent system and control device used to comply 
with this section, the owner or operator shall meet the following 
requirements:
    (1) The owner or operator must use a closed-vent system that meets 
the requirements specified in paragraph (c) of this section.
    (2) The owner or operator must use a control device that meets the 
requirements specified in paragraphs (d) through (h) of this section as 
applicable to the type and design of the control device selected by the 
owner or operator to comply with the provisions of this section.
    (3) Whenever gases or vapors containing HAP are routed from a tank 
through a closed-vent system connected to a control device used to 
comply with the requirements of Sec.  63.685(b)(1), (2), or (3), the 
control device must be operating except as provided for in paragraphs 
(b)(3)(i) and (ii) of this section.
    (i) The control device may only be bypassed for the purpose of 
performing planned routine maintenance of the closed-vent system or 
control device in situations when the routine maintenance cannot be 
performed during periods that tank emissions are vented to the control 
device.
    (ii) On an annual basis, the total time that the closed-vent system 
or control device is bypassed to perform routine maintenance shall not 
exceed 240 hours per each calendar year.
    (4) The owner or operator must inspect and monitor each closed-vent 
system in accordance with the requirements specified in either paragraph 
(b)(4)(i) or (b)(4)(ii) of this section.
    (i) The owner or operator inspects and monitors the closed-vent 
system in accordance with the requirements specified in Sec.  63.695(c) 
of this subpart, and complies with the applicable recordkeeping 
requirements in Sec.  63.696 of this subpart and the applicable 
reporting requirements in Sec.  63.697 of this subpart.
    (ii) As an alternative to meeting the requirements specified in 
paragraph (b)(4)(i) of this section, the owner or operator may choose to 
inspect and monitor the closed-vent system in accordance with the 
requirements under

[[Page 184]]

40 CFR part 63, subpart H--National Emission Standards for Organic 
Hazardous Air Pollutants for Equipment Leaks as specified in 40 CFR 
63.172(f) through (h), and complies with the applicable recordkeeping 
requirements in 40 CFR 63.181 and the applicable reporting requirements 
in 40 CFR 63.182.
    (5) The owner or operator must monitor the operation of each control 
device in accordance with the requirements specified in paragraphs (d) 
through (h) of this section as applicable to the type and design of the 
control device selected by the owner or operator to comply with the 
provisions of this section.
    (6) The owner or operator shall maintain records for each control 
device in accordance with the requirements of Sec.  63.696 of this 
subpart.
    (7) The owner or operator shall prepare and submit reports for each 
control device in accordance with the requirements of Sec.  63.697 of 
this subpart.
    (8) In the case when an owner or operator chooses to use a design 
analysis to demonstrate compliance of a control device with the 
applicable performance requirements specified in this section as 
provided for in paragraphs (d) through (g) of this section, the 
Administrator may require that the design analysis be revised or amended 
by the owner or operator to correct any deficiencies identified by the 
Administrator. If the owner or operator and the Administrator do not 
agree on the acceptability of using the design analysis (including any 
changes required by the Administrator) to demonstrate that the control 
device achieves the applicable performance requirements, then the 
disagreement must be resolved using the results of a performance test 
conducted by the owner or operator in accordance with the requirements 
of Sec.  63.694(l). The Administrator may choose to have an authorized 
representative observe the performance test conducted by the owner or 
operator. Should the results of this performance test not agree with the 
determination of control device performance based on the design 
analysis, then the results of the performance test will be used to 
establish compliance with this subpart.
    (c) Closed-vent system requirements.
    (1) The vent stream required to be controlled shall be conveyed to 
the control device by either of the following closed-vent systems:
    (i) A closed-vent system that is designed to operate with no 
detectable organic emissions using the procedure specified in Sec.  
63.694(k) of this subpart; or
    (ii) A closed-vent system that is designed to operate at a pressure 
below atmospheric pressure. The system shall be equipped with at least 
one pressure gauge or other pressure measurement device that can be read 
from a readily accessible location to verify that negative pressure is 
being maintained in the closed-vent system when the control device is 
operating.
    (2) In situations when the closed-vent system includes bypass 
devices that could be used to divert a vent stream from the closed-vent 
system to the atmosphere at a point upstream of the control device 
inlet, each bypass device must be equipped with either a flow indicator 
as specified in paragraph (c)(2)(i) of this section or a seal or locking 
device as specified in paragraph (c)(2)(ii) of this section, except as 
provided for in paragraph (c)(2)(iii) of this section:
    (i) If a flow indicator is used, the indicator must be installed at 
the entrance to the bypass line used to divert the vent stream from the 
closed-vent system to the atmosphere. The flow indicator must indicate a 
reading at least once every 15 minutes. The owner or operator must 
maintain records of the following information: hourly records of whether 
the flow indicator was operating and whether flow was detected at any 
time during the hour; and records of all periods when flow is detected 
or the flow indicator is not operating.
    (ii) If a seal or locking device is used to comply with paragraph 
(c)(2) of this section, the device shall be placed on the mechanism by 
which the bypass device position is controlled (e.g., valve handle, 
damper lever) when the bypass device is in the closed position such that 
the bypass device cannot be opened without breaking the seal or removing 
the lock. Examples of such devices include, but are not limited to, a

[[Page 185]]

car-seal or a lock-and-key configuration valve.
    (iii) Equipment needed for safety reasons, including low leg drains, 
open-ended valves and lines not in emergency shutdown systems, and 
pressure relief devices subject to the requirements of Sec.  63.691(c) 
are not subject to the requirements of paragraphs (c)(2)(i) and (ii) of 
this section.
    (d) Carbon adsorption control device requirements.
    (1) The carbon adsorption system must achieve the performance 
specifications in either paragraph (d)(1)(i) or (d)(1)(ii) of this 
section.
    (i) Recover 95 percent or more, on a weight-basis, of the total 
organic compounds (TOC), less methane and ethane, contained in the vent 
stream entering the carbon adsorption system; or
    (ii) Recover 95 percent or more, on a weight-basis, of the total HAP 
listed in Table 1 of this subpart contained in the vent stream entering 
the carbon adsorption system.
    (2) The owner or operator must demonstrate that the carbon 
adsorption system achieves the performance requirements in paragraph 
(d)(1) of this section by either performing a performance test as 
specified in paragraph (d)(2)(i) of this section or a design analysis as 
specified in paragraph (d)(2)(ii) of this section.
    (i) An owner or operator choosing to use a performance test to 
demonstrate compliance must conduct the test in accordance with the 
requirements of Sec.  63.694(l) of this subpart.
    (ii) An owner or operator choosing to use a design analysis to 
demonstrate compliance must include as part of this design analysis the 
information specified in either paragraph (d)(2)(ii)(A) or (d)(2)(ii)(B) 
of this section as applicable to the carbon adsorption system design.
    (A) For a regenerable carbon adsorption system, the design analysis 
shall address the vent stream composition, constituent concentrations, 
flow rate, relative humidity, and temperature and shall establish the 
design exhaust vent stream organic compound concentration, adsorption 
cycle time, number and capacity of carbon beds, type and working 
capacity of activated carbon used for carbon beds, design total 
regeneration steam flow over the period of each complete carbon bed 
regeneration cycle, design carbon bed temperature after regeneration, 
design carbon bed regeneration time, and design service life of the 
carbon.
    (B) For a nonregenerable carbon adsorption system (e.g., a carbon 
canister), the design analysis shall address the vent stream 
composition, constituent concentrations, flow rate, relative humidity, 
and temperature and shall establish the design exhaust vent stream 
organic compound concentration, carbon bed capacity, activated carbon 
type and working capacity, and design carbon replacement interval based 
on the total carbon working capacity of the control device and emission 
point operating schedule.
    (3) The owner or operator must monitor the operation of the carbon 
adsorption system in accordance with the requirements of Sec.  63.695(e) 
using one of the continuous monitoring systems specified in paragraphs 
(d)(3)(i) through (iii) of this section. Monitoring the operation of a 
nonregenerable carbon adsorption system (e.g., a carbon canister) using 
a continuous monitoring system is not required when the carbon canister 
or the carbon in the control device is replaced on a regular basis 
according to the requirements in paragraph (d)(4)(iii) of this section.
    (i) For a regenerative-type carbon adsorption system:
    (A) A continuous parameter monitoring system to measure and record 
the average total regeneration stream mass flow or volumetric flow 
during each carbon bed regeneration cycle. The integrating regenerating 
stream flow monitoring device must have an accuracy of 10 percent; and
    (B) A continuous parameter monitoring system to measure and record 
the average carbon bed temperature for the duration of the carbon bed 
steaming cycle and to measure the actual carbon bed temperature after 
regeneration and within 15 minutes of completing the cooling cycle. The 
accuracy of the temperature monitoring device must be 1 percent of the temperature being measured, expressed 
in degrees Celsius or 5  deg.C, whichever is 
greater.

[[Page 186]]

    (ii) A continuous monitoring system to measure and record the daily 
average concentration level of organic compounds in the exhaust gas 
stream from the control device. The organic monitoring system must 
comply either with Performance Specification 8 or 9 in 40 CFR part 60, 
appendix B. The relative accuracy provision of Performance Specification 
8, Sections 2.4 and 3 need not be conducted.
    (iii) A continuous monitoring system that measures other alternative 
operating parameters upon approval of the Administrator as specified in 
40 CFR 63.8(f)(1) through (f)(5) of this part.
    (4) The owner or operator shall manage the carbon used for the 
carbon adsorption system, as follows:
    (i) Following the initial startup of the control device, all carbon 
in the control device shall be replaced with fresh carbon on a regular, 
predetermined time interval that is no longer than the carbon service 
life established for the carbon adsorption system. The provisions of 
this paragraph (d)(4)(i) do not apply to a nonregenerable carbon 
adsorption system (e.g., a carbon canister) for which the carbon 
canister or the carbon in the control device is replaced on a regular 
basis according to the requirements in paragraph (d)(4)(iii) of this 
section.
    (ii) The spent carbon removed from the carbon adsorption system must 
be either regenerated, reactivated, or burned in one of the units 
specified in paragraphs (d)(4)(ii)(A) through (d)(4)(ii)(G) of this 
section.
    (A) Regenerated or reactivated in a thermal treatment unit for which 
the owner or operator has been issued a final permit under 40 CFR part 
270 that implements the requirements of 40 CFR part 264, subpart X.
    (B) Regenerated or reactivated in a thermal treatment unit equipped 
with and operating air emission controls in accordance with this 
section.
    (C) Regenerated or reactivated in a thermal treatment unit equipped 
with and operating organic air emission controls in accordance with a 
national emission standard for hazardous air pollutants under another 
subpart in 40 CFR part 63 or 40 CFR part 61.
    (D) Burned in a hazardous waste incinerator for which the owner or 
operator has been issued a final permit under 40 CFR part 270 that 
implements the requirements of 40 CFR part 264, subpart O.
    (E) Burned in a hazardous waste incinerator for which the owner or 
operator has designed and operates the incinerator in accordance with 
the interim status requirements of 40 CFR part 265, subpart O.
    (F) Burned in a boiler or industrial furnace for which the owner or 
operator has been issued a final permit under 40 CFR part 270 that 
implements the requirements of 40 CFR part 266, subpart H.
    (G) Burned in a boiler or industrial furnace for which the owner or 
operator has designed and operates the unit in accordance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (iii) As an alternative to meeting the requirements in paragraphs 
(d)(3) and (d)(4)(i) of this section, an owner or operator of a 
nonregenerable carbon adsorption system may choose to replace on a 
regular basis the carbon canister or the carbon in the control device 
using the procedures in either paragraph (d)(4)(iii)(A) or 
(d)(4)(iii)(B) of this section. For the purpose of complying with this 
paragraph (d)(4)(iii), a nonregenerable carbon adsorption system means a 
carbon adsorption system that does not regenerate the carbon bed 
directly onsite in the control device, such as a carbon canister. The 
spent carbon removed from the nonregenerable carbon adsorption system 
must be managed according to the requirements in paragraph (d)(4)(ii) of 
this section.
    (A) Monitor the concentration level of the organic compounds in the 
exhaust vent from the carbon adsorption system on a regular schedule, 
and when carbon breakthrough is indicated, immediately replace either 
the existing carbon canister with a new carbon canister or replace the 
existing carbon in the control device with fresh carbon. Measurement of 
the concentration level of the organic compounds in the exhaust vent 
stream must be made with a detection instrument that is appropriate for 
the composition of organic constituents in the vent stream and is 
routinely calibrated to measure

[[Page 187]]

the organic concentration level expected to occur at breakthrough. The 
monitoring frequency must be daily or at an interval no greater than 20 
percent of the time required to consume the total carbon working 
capacity established as a requirement of paragraph (d)(2)(ii)(B) of this 
section, whichever is longer.
    (B) Replace either the existing carbon canister with a new carbon 
canister or replace the existing carbon in the control device with fresh 
carbon at a regular, predetermined time interval that is less than the 
design carbon replacement interval established as a requirement of 
paragraph (d)(2)(ii)(B) of this section.
    (e) Condenser control device requirements.
    (1) The condenser must achieve the performance specifications in 
either paragraph (e)(1)(i) or (e)(1)(ii) of this section.
    (i) Recover 95 percent or more, on a weight-basis, of the total 
organic compounds (TOC), less methane and ethane, contained in the vent 
stream entering the condenser; or
    (ii) Recover 95 percent or more, on a weight-basis, of the total 
HAP, listed in Table 1 of this subpart, contained in the vent stream 
entering the condenser.
    (2) The owner or operator must demonstrate that the condenser 
achieves the performance requirements in paragraph (e)(1) of this 
section by either performing a performance test as specified in 
paragraph (e)(2)(i) of this section or a design analysis as specified in 
paragraph (e)(2)(ii) of this section.
    (i) An owner or operator choosing to use a performance tests to 
demonstrate compliance must conduct the test in accordance with the 
requirements of Sec.  63.694(l) of this subpart.
    (ii) An owner or operator choosing to use a design analysis to 
demonstrate compliance must include as part of this design analysis the 
following information: description of the vent stream composition, 
constituent concentrations, flow rate, relative humidity, and 
temperature; and specification of the design outlet organic compound 
concentration level, design average temperature of the condenser exhaust 
vent stream, and the design average temperatures of the coolant fluid at 
the condenser inlet and outlet.
    (3) The owner or operator must monitor the operation of the 
condenser in accordance with the requirements of Sec.  63.695(e) of this 
subpart using one of the continuous monitoring systems specified in 
paragraphs (e)(3)(i) through (e)(3)(iii) of this section.
    (i) A continuous parameter monitoring system to measure and record 
the daily average temperature of the exhaust gases from the control 
device. The accuracy of the temperature monitoring device shall be 
1 percent of the temperature being measured, 
expressed in degrees Celsius or 5  deg.C, 
whichever is greater.
    (ii) A continuous monitoring system to measure and record the daily 
average concentration level of organic compounds in the exhaust gas 
stream from the control device. The organic monitoring system must 
comply either with Performance Specification 8 or 9 in 40 CFR part 60, 
appendix B. The relative accuracy provision of Performance Specification 
8, Sections 2.4 and 3 need not be conducted.
    (iii) A continuous monitoring system that measures other alternative 
operating parameters upon approval of the Administrator as specified in 
40 CFR 63.8(f)(1) through (f)(5) of this part.
    (f) Vapor incinerator control device requirements.
    (1) The vapor incinerator must achieve the performance 
specifications in either paragraph (f)(1)(i), (f)(1)(ii), or (f)(1)(iii) 
of this section.
    (i) Destroy the total organic compounds (TOC), less methane and 
ethane, contained in the vent stream entering the vapor incinerator 
either:
    (A) By 95 percent or more, on a weight-basis, or
    (B) To achieve a total incinerator outlet concentration for the TOC, 
less methane and ethane, of less than or equal to 20 ppmv on a dry basis 
corrected to 3 percent oxygen.
    (ii) Destroy the HAP listed in Table 1 of this subpart contained in 
the vent stream entering the vapor incinerator either:
    (A) By 95 percent or more, on a total HAP weight-basis, or

[[Page 188]]

    (B) To achieve a total incinerator outlet concentration for the HAP, 
listed in Table 1 of this subpart, of less than or equal to 20 ppmv on a 
dry basis corrected to 3 percent oxygen.
    (iii) Maintain the conditions in the vapor incinerator combustion 
chamber at a residence time of 0.5 seconds or longer and at a 
temperature of 760 deg.C or higher.
    (2) The owner or operator must demonstrate that the vapor 
incinerator achieves the performance requirements in paragraph (f)(1) of 
this section by conducting either a performance test as specified in 
paragraph (f)(2)(i) of this section or a design analysis as specified in 
paragraph (f)(2)(ii) of this section, except as provided for in 
paragraph (f)(2)(iii) of this section.
    (i) An owner or operator choosing to use a performance test to 
demonstrate compliance must conduct the test in accordance with the 
requirements of Sec.  63.694(l) of this subpart.
    (ii) An owner or operator choosing to use a design analysis to 
demonstrate compliance must include as part of this design analysis the 
information specified in either paragraph (f)(2)(ii)(A) or (f)(2)(ii)(B) 
of this section as applicable to the vapor incinerator design.
    (A) For a thermal vapor incinerator, the design analysis shall 
address the vent stream composition, constituent concentrations, and 
flow rate and shall establish the design minimum and average 
temperatures in the combustion chamber and the combustion chamber 
residence time.
    (B) For a catalytic vapor incinerator, the design analysis shall 
address the vent stream composition, constituent concentrations, and 
flow rate and shall establish the design minimum and average 
temperatures across the catalyst bed inlet and outlet, and the design 
service life of the catalyst.
    (iii) An owner or operator is not required to conduct a performance 
test or design analysis if the incinerator has been issued a final 
permit under 40 CFR part 270 and complies with the requirements of 40 
CFR part 264, subpart O, or has certified compliance with the interim 
status requirements of 40 CFR part 265, subpart O.
    (3) The owner or operator must monitor the operation of the vapor 
incinerator in accordance with the requirements of Sec.  63.695(e) of 
this subpart using one of the continuous monitoring systems specified in 
paragraphs (f)(3)(i) through (f)(3)(iv) of this section as applicable to 
the type of vapor incinerator used.
    (i) For a thermal vapor incinerator, a continuous parameter 
monitoring system to measure and record the daily average temperature of 
the exhaust gases from the control device. The accuracy of the 
temperature monitoring device must be 1 percent of 
the temperature being measured, expressed in degrees Celsius of 0.5  deg.C, whichever is greater.
    (ii) For a catalytic vapor incinerator, a temperature monitoring 
device capable of monitoring temperature at two locations equipped with 
a continuous recorder. One temperature sensor shall be installed in the 
vent stream at the nearest feasible point to the catalyst bed inlet and 
a second temperature sensor shall be installed in the vent stream at the 
nearest feasible point to the catalyst bed outlet.
    (iii) For either type of vapor incinerator, a continuous monitoring 
system to measure and record the daily average concentration of organic 
compounds in the exhaust vent stream from the control device. The 
organic monitoring system must comply either with Performance 
Specification 8 or 9 in 40 CFR part 60, appendix B. The relative 
accuracy provision of Performance Specification 8, Sections 2.4 and 3 
need not be conducted.
    (iv) For either type of vapor incinerator, a continuous monitoring 
system that measures alternative operating parameters other than those 
specified in paragraph (f)(3)(i) or (f)(3)(ii) of this section upon 
approval of the Administrator as specified in 40 CFR 63.8(f)(1) through 
(f)(5) of this part.
    (g) Boilers and process heaters control device requirements.
    (1) The boiler or process heater must achieve the performance 
specifications in either paragraph (g)(1)(i), (g)(1)(ii), (g)(1)(iii), 
(g)(1)(iv), or (g)(1)(v) of this section.

[[Page 189]]

    (i) Destroy the total organic compounds (TOC), less methane and 
ethane, contained in the vent stream introduced into the flame zone of 
the boiler or process heater either:
    (A) By 95 percent or more, on a weight-basis, or
    (B) To achieve in the exhausted combustion gases a total 
concentration for the TOC, less methane and ethane, of less than or 
equal to 20 parts ppmv on a dry basis corrected to 3 percent oxygen.
    (ii) Destroy the HAP listed in Table 1 of this subpart contained in 
the vent stream entering the vapor incinerator either:
    (A) By 95 percent or more, on a total HAP weight-basis, or
    (B) To achieve in the exhausted combustion gases a total 
concentration for the HAP, listed in Table 1 of the subpart, of less 
than or equal to 20 ppmv on a dry basis corrected to 3 percent oxygen.
    (iii) Introduce the vent stream into the flame zone of the boiler or 
process heater and maintain the conditions in the combustion chamber at 
a residence time of 0.5 seconds or longer and at a temperature of 
760 deg.C or higher.
    (iv) Introduce the vent stream with the fuel that provides the 
predominate heat input to the boiler or process heater (i.e., the 
primary fuel); or
    (v) Introduce the vent stream to a boiler or process heater for 
which the owner or operator either has been issued a final permit under 
40 CFR part 270 and complies with the requirements of 40 CFR part 266, 
subpart H; or has certified compliance with the interim status 
requirements of 40 CFR part 266, subpart H; or has submitted a 
Notification of Compliance under Sec. Sec.  63.1207(j) and 63.1210(d) 
and complies with the requirements of subpart EEE of this part at all 
times (including times when non-hazardous waste is being burned).
    (2) The owner or operator must demonstrate that the boiler or 
process heater achieves the performance specifications in paragraph 
(g)(1) of this section chosen by the owner or operator using the 
applicable method specified in paragraph (g)(2)(i) or (g)(2)(ii) of this 
section.
    (i) If an owner or operator chooses to comply with the performance 
specifications in either paragraph (g)(1)(i), (ii), or (iii) of this 
section, the owner or operator must demonstrate compliance with the 
applicable performance specifications by conducting either a performance 
test as specified in paragraph (g)(2)(i)(A) of this section or a design 
analysis as specified in paragraph (g)(2)(i)(B) of this section, except 
as provided for in paragraph (g)(2)(i)(C) of this section.
    (A) An owner or operator choosing to use a performance test to 
demonstrate compliance must conduct the test in accordance with the 
requirements of Sec.  63.694(l) of this subpart.
    (B) An owner or operator choosing to use a design analysis to 
demonstrate compliance must include as part of this design analysis the 
following information: description of the vent stream composition, 
constituent concentrations, and flow rate; specification of the design 
minimum and average flame zone temperatures and combustion zone 
residence time; and description of the method and location by which the 
vent stream is introduced into the flame zone.
    (C) An owner or operator is not required to conduct a performance 
test or design analysis if the boiler or process heater has been issued 
a final permit under 40 CFR part 270 and complies with the requirements 
of 40 CFR part 266, subpart H; or has certified compliance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (ii) If an owner or operator chooses to comply with the performance 
specifications in either paragraph (g)(1)(iv) or (g)(1)(v) of this 
section, the owner or operator must demonstrate compliance by 
maintaining the records that document that the boiler or process heater 
is designed and operated in accordance with the applicable requirements 
of this section.
    (3) For a boiler or process heater complying with the performance 
specifications in either paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) 
of this section, the owner or operator must monitor the operation of a 
boiler or process heater in accordance with the requirements of Sec.  
63.695(e) of this subpart using one of the continuous monitoring systems 
specified in paragraphs (g)(3)(i) through (g)(3)(iii) of this section.

[[Page 190]]

    (i) A continuous parameter monitoring system to measure and record 
the daily average combustion zone temperature. The accuracy of the 
temperature sensor must be 1 percent of the 
temperature being measured, expressed in degrees Celsius or 0.5  deg.C, whichever is greater;
    (ii) A continuous monitoring system to measure and record the daily 
average concentration of organic compounds in the exhaust vent stream 
from the control device. The organic monitoring system must comply 
either with Performance Specification 8 or 9 in 40 CFR part 60, appendix 
B. The relative accuracy provision of Performance Specification 8, 
Sections 2.4 and 3 need not be conducted.
    (iii) A continuous monitoring system that measures alternative 
operating parameters other than those specified in paragraph (g)(3)(i) 
or (g)(3)(ii) of this section upon approval of the Administrator as 
specified in 40 CFR 63.8(f)(1) through (f)(5) of this part.
    (h) Flare control device requirements.
    (1) The flare must be designed and operated in accordance with the 
requirements in 40 CFR 63.11(b).
    (2) The owner or operator must demonstrate that the flare achieves 
the requirements in paragraph (h)(1) of this section by performing the 
procedures specified in paragraph (h)(2)(i) of this section. A previous 
compliance demonstration for the flare that meets all of the conditions 
specified in paragraph (h)(2)(ii) of this section may be used by an 
owner or operator to demonstrate compliance with this paragraph (h)(2).
    (i) To demonstrate that a flare achieves the requirements in 
paragraph (h)(1) of this section, the owner or operator performs all of 
the procedures specified in paragraphs (h)(2)(i)(A) through (h)(2)(i)(C) 
of this section.
    (A) The owner or operator conducts a visible emission test for the 
flare in accordance with the requirements specified in 40 CFR 
63.11(b)(4).
    (B) The owner or operator determines the net heating value of the 
gas being combusted in the flare in accordance with the requirements 
specified in 40 CFR 63.11(b)(6); and
    (C) The owner or operator determines the flare exit velocity in 
accordance with the requirements applicable to the flare design as 
specified in 40 CFR 63.11(b)(7) or 40 CFR 63.11(b)(8).
    (ii) A previous compliance demonstration for the flare may be used 
by an owner or operator to demonstrate compliance with paragraph (h)(2) 
of this section provided that all conditions for the compliance 
determination and subsequent flare operation are met as specified in 
paragraphs (h)(2)(ii)(A) and (h)(2)(ii)(B) of this section.
    (A) The owner or operator conducted the compliance determination 
using the procedures specified in paragraph (h)(2)(i) of this section.
    (B) No flare operating parameter or process changes have occurred 
since completion of the compliance determination which could affect the 
compliance determination results.
    (3) The owner or operator must monitor the operation of the flare 
using a heat sensing monitoring device (including but not limited to a 
thermocouple, ultraviolet beam sensor, or infrared sensor) that 
continuously detects the presence of a pilot flame. The owner or 
operator must record, for each 1-hour period, whether the monitor was 
continuously operating and whether a pilot flame was continuously 
present during each hour as required in Sec.  63.696(b)(3) of this 
subpart.

[64 FR 38970, July 20, 1999, as amended at 66 FR 1266, Jan. 8, 2001; 68 
FR 37351, June 23, 2003; 80 FR 14276, Mar. 18, 2015]



Sec.  63.694  Testing methods and procedures.

    (a) This section specifies the testing methods and procedures 
required for this subpart to perform the following:
    (1) To determine the average VOHAP concentration for off-site 
material streams at the point-of-delivery for compliance with standards 
specified Sec.  63.683 of this subpart, the testing methods and 
procedures are specified in paragraph (b) of this section.
    (2) To determine the average VOHAP concentration for treated off-
site material streams at the point-of-treatment for compliance with 
standards specified Sec.  63.684 of this subpart, the testing methods 
and procedures are specified in paragraph (c) of this section.
    (3) To determine the treatment process VOHAP concentration limit 
(CR) for

[[Page 191]]

compliance with standards specified Sec.  63.684 of this subpart, the 
testing methods and procedures are specified in paragraph (d) of this 
section.
    (4) To determine treatment process required HAP removal rate (RMR) 
for compliance with standards specified Sec.  63.684 of this subpart, 
the testing methods and procedures are specified in paragraph (e) of 
this section.
    (5) To determine treatment process actual HAP removal rate (MR) for 
compliance with standards specified Sec.  63.684 of this subpart, the 
testing methods and procedures are specified in paragraph (f) of this 
section.
    (6) To determine treatment process required HAP reduction efficiency 
(R) for compliance with standards specified in Sec.  63.684 of this 
subpart, the testing methods and procedures are specified in paragraph 
(g) of this section.
    (7) To determine treatment process required HAP biodegradation 
efficiency (Rbio) for compliance with standards specified in 
Sec.  63.684 of this subpart, the testing methods and procedures are 
specified in paragraph (h) of this section.
    (8) To determine treatment process required actual HAP mass removal 
rate (MRbio) for compliance with standards specified inSec.  
63.684 of this subpart, the testing methods and procedures are specified 
in paragraph (i) of this section.
    (9) To determine maximum organic HAP vapor pressure of off-site 
materials in tanks for compliance with the standards specified in Sec.  
63.685 of this subpart, the testing methods and procedures are specified 
in paragraph (j) of this section.
    (10) To determine no detectable organic emissions, the testing 
methods and procedures are specified in paragraph (k) of this section.
    (11) To determine closed-vent system and control device performance 
for compliance with the standards specified in Sec.  63.693 of this 
subpart, the testing methods and procedures are specified in paragraph 
(l) of this section.
    (12) To determine process vent stream flow rate and total organic 
HAP concentration for compliance with the standards specified in Sec.  
63.693 of this subpart, the testing methods and procedures are specified 
in paragraph (m) of this section.
    (b) Testing methods and procedures to determine average VOHAP 
concentration of an off-site material stream at the point-of-delivery.
    (1) The average VOHAP concentration of an off-site material at the 
point-of-delivery shall be determined using either direct measurement as 
specified in paragraph (b)(2) of this section or by knowledge as 
specified in paragraph (b)(3) of this section.
    (2) Direct measurement to determine VOHAP concentration--(i) 
Sampling. Samples of the off-site material stream shall be collected 
from the container, pipeline, or other device used to deliver the off-
site material stream to the plant site in a manner such that 
volatilization of organics contained in the sample is minimized and an 
adequately representative sample is collected and maintained for 
analysis by the selected method.
    (A) The averaging period to be used for determining the average 
VOHAP concentration for the off-site material stream on a mass-weighted 
average basis shall be designated and recorded. The averaging period can 
represent any time interval that the owner or operator determines is 
appropriate for the off-site material stream but shall not exceed 1 
year.
    (B) A sufficient number of samples, but no less than four samples, 
shall be collected to represent the complete range of HAP compositions 
and HAP quantities that occur in the off-site material stream during the 
entire averaging period due to normal variations in the operating 
conditions for the source or process generating the off-site material 
stream. Examples of such normal variations are seasonal variations in 
off-site material quantity or fluctuations in ambient temperature.
    (C) All samples shall be collected and handled in accordance with 
written procedures prepared by the owner or operator and documented in a 
site sampling plan. This plan shall describe the procedure by which 
representative samples of the off-site material stream are collected 
such that a minimum loss of organics occurs throughout the sample 
collection and handling process and

[[Page 192]]

by which sample integrity is maintained. A copy of the written sampling 
plan shall be maintained on-site in the plant site operating records. An 
example of an acceptable sampling plan includes a plan incorporating 
sample collection and handling procedures in accordance with the 
requirements specified in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication No. SW-846 or Method 25D in 
40 CFR part 60, appendix A.
    (ii) Analysis. Each collected sample must be prepared and analyzed 
in accordance with one of the following methods as applicable to the 
sampled off-site material for the purpose of measuring the HAP listed in 
Table 1 of this subpart:
    (A) Method 305 in 40 CFR part 63, appendix A.
    (B) Method 25D in 40 CFR part 60, appendix A.
    (C) Method 624 in 40 CFR part 136, appendix A. If this method is 
used to analyze one or more compounds that are not on the method's 
published list of approved compounds, the Alternative Test Procedure 
specified in 40 CFR 136.4 and 40 CFR 136.5 must be followed.
    (D) Method 625 in 40 CFR part 136, appendix A. For the purpose of 
using this method to comply with this subpart, the owner or operator 
must perform corrections to these compounds based on the ``accuracy as 
recovery'' using the factors in Table 7 of the method. If this method is 
used to analyze one or more compounds that are not on the method's 
published list of approved compounds, the Alternative Test Procedure 
specified in 40 CFR 136.4 and 40 CFR 136.5 must be followed.
    (E) Method 1624 in 40 CFR part 136, appendix A.
    (F) Method 1625 in 40 CFR part 136, appendix A.
    (G) Method 8260 in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition, 
September 1986, as amended by Update I, November 15, 1992. As an 
alternative, an owner or operator may use any more recent, updated 
version of Method 8260 approved by the EPA. For the purpose of using 
Method 8260 to comply with this subpart, the owner or operator must 
maintain a formal quality assurance program consistent with section 8 of 
Method 8260, and this program must include the following elements 
related to measuring the concentrations of volatile compounds:
    (1) Documentation of site-specific procedures to minimize the loss 
of compounds due to volatilization, biodegradation, reaction, or 
sorption during the sample collection, storage, and preparation steps.
    (2) Documentation of specific quality assurance procedures followed 
during sampling, sample preparation, sample introduction, and analysis.
    (3) Measurement of the average accuracy and precision of the 
specific procedures, including field duplicates and field spiking of the 
off-site material source before or during sampling with compounds having 
similar chemical characteristics to the target analytes.
    (H) Method 8270 in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication No. SW-846, Third Edition, 
September 1986, as amended by Update I, November 15, 1992. As an 
alternative, an owner or operator may use any more recent, updated 
version of Method 8270 approved by the EPA. For the purpose of using 
Method 8270 to comply with this subpart, the owner or operator must 
maintain a formal quality assurance program consistent with Method 8270, 
and this program must include the following elements related to 
measuring the concentrations of volatile compounds:
    (1) Documentation of site-specific procedures to minimize the loss 
of compounds due to volatilization, biodegradation, reaction, or 
sorption during the sample collection, storage, and preparation steps.
    (2) Documentation of specific quality assurance procedures followed 
during sampling, sample preparation, sample introduction, and analysis.
    (3) Measurement of the average accuracy and precision of the 
specific procedures, including field duplicates and field spiking of the 
off-site material source before or during sampling with compounds having 
similar chemical characteristics to the target analytes.
    (I) Any other analysis method that has been validated in accordance 
with

[[Page 193]]

the procedures specified in section 5.1 and section 5.3 and the 
corresponding calculations in section 6.1 or section 6.3 of Method 301 
in appendix A in 40 CFR part 63. The data are acceptable if they meet 
the criteria specified in section 6.1.5 or section 6.3.3 of Method 301. 
If correction is required under section 6.3.3 of Method 301, the data 
are acceptable if the correction factor is within the range of 0.7 to 
1.30. Other sections of Method 301 are not required.
    (iii) Calculations. The average VOHAP concentration (C) on a mass-
weighted basis shall be calculated by using the results for all samples 
analyzed in accordance with paragraph (b)(2)(ii) of this section and the 
following equation. An owner or operator using a test method that 
provides species-specific chemical concentrations may adjust the 
measured concentrations to the corresponding concentration values which 
would be obtained had the off-site material samples been analyzed using 
Method 305. To adjust these data, the measured concentration for each 
individual HAP chemical species contained in the off-site material is 
multiplied by the appropriate species-specific adjustment factor 
(fm305) listed in Table 1 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR08JA01.000

Where:

C = Average VOHAP concentration of the off-site material at the point-
          of-delivery on a mass-weighted basis, ppmw.
i = Individual sample ``i'' of the off-site material.
n = Total number of samples of the off-site material collected (at least 
          4) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of off-site material stream represented by 
          Ci, kg/hr.
QT = Total mass quantity of off-site material during the 
          averaging period, kg/hr.
Ci = Measured VOHAP concentration of sample ``i'' as 
          determined in accordance with the requirements of Sec.  
          63.694(a), ppmw.

    (3) Knowledge of the off-site material to determine VOHAP 
concentration.
    (i) Documentation shall be prepared that presents the information 
used as the basis for the owner's or operator's knowledge of the off-
site material stream's average VOHAP concentration. Examples of 
information that may be used as the basis for knowledge include: 
material balances for the source or process generating the off-site 
material stream; species-specific chemical test data for the off-site 
material stream from previous testing that are still applicable to the 
current off-site material stream; previous test data for other locations 
managing the same type of off-site material stream; or other knowledge 
based on information in documents such as manifests, shipping papers, or 
waste certification notices.
    (ii) If test data are used as the basis for knowledge, then the 
owner or operator shall document the test method, sampling protocol, and 
the means by which sampling variability and analytical variability are 
accounted for in the determination of the average VOHAP concentration. 
For example, an owner or operator may use HAP concentration test data 
for the off-site material stream that are validated in accordance with 
Method 301 in 40 CFR part 63, appendix A of this part as the basis for 
knowledge of the off-site material.
    (iii) An owner or operator using species-specific chemical 
concentration test data as the basis for knowledge of the off-site 
material may adjust the test data to the corresponding average VOHAP 
concentration value which would be obtained had the off-site material 
samples been analyzed using Method 305. To adjust these data, the 
measured concentration for each individual HAP chemical species 
contained in the off-site material is multiplied by the appropriate 
species-specific adjustment factor (fm305) listed in Table 1 
of this subpart.
    (iv) In the event that the Administrator and the owner or operator 
disagree on a determination of the average VOHAP concentration for an 
off-site material stream using knowledge, then the results from a 
determination of VOHAP concentration using direct measurement as 
specified in paragraph (b)(2) of this section shall be used to establish 
compliance with the applicable requirements of this subpart. The 
Administrator may perform or require that the owner or operator perform 
this determination using direct measurement.

[[Page 194]]

    (c) Determination of average VOHAP concentration of an off-site 
material stream at the point-of-treatment.
    (1) Sampling. Samples of the off-site material stream shall be 
collected at the point-of-treatment in a manner such that volatilization 
of organics contained in the sample is minimized and an adequately 
representative sample is collected and maintained for analysis by the 
selected method.
    (i) The averaging period to be used for determining the average 
VOHAP concentration for the off-site material stream on a mass-weighted 
average basis shall be designated and recorded. The averaging period can 
represent any time interval that the owner or operator determines is 
appropriate for the off-site material stream but shall not exceed 1 
year.
    (ii) A sufficient number of samples, but no less than four samples, 
shall be collected to represent the complete range of HAP compositions 
and HAP quantities that occur in the off-site material stream during the 
entire averaging period due to normal variations in the operating 
conditions for the treatment process. Examples of such normal variations 
are seasonal variations in off-site material quantity or fluctuations in 
ambient temperature.
    (iii) All samples shall be collected and handled in accordance with 
written procedures prepared by the owner or operator and documented in a 
site sampling plan. This plan shall describe the procedure by which 
representative samples of the off-site material stream are collected 
such that a minimum loss of organics occurs throughout the sample 
collection and handling process and by which sample integrity is 
maintained. A copy of the written sampling plan shall be maintained on-
site in the plant site operating records. An example of an acceptable 
sampling plan includes a plan incorporating sample collection and 
handling procedures in accordance with the requirements specified in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication No. SW-846 or Method 25D in 40 CFR part 60, appendix A.
    (2) Analysis. Each collected sample must be prepared and analyzed in 
accordance with one of the methods specified in paragraphs (b)(2)(ii)(A) 
through (b)(2)(ii)(I) of this section, as applicable to the sampled off-
site material, for the purpose of measuring the HAP listed in Table 1 of 
this subpart.
    (3) Calculations. The average VOHAP concentration (C) a mass-
weighted basis shall be calculated by using the results for all samples 
analyzed in accordance with paragraph (c)(2) of this section and the 
following equation. An owner or operator using a test method that 
provides species-specific chemical concentrations may adjust the 
measured concentrations to the corresponding concentration values which 
would be obtained had the off-site material samples been analyzed using 
Method 305. To adjust these data, the measured concentration for each 
individual HAP chemical species contained in the off-site material is 
multiplied by the appropriate species-specific adjustment factor 
(fm305) listed in Table 1 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR20JY99.001

Where:

C = Average VOHAP concentration of the off-site material on a mass-
          weighted basis, ppmw.
i = Individual sample ``i'' of the off-site material.
n = Total number of samples of the off-site material collected (at least 
          4) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of off-site material stream represented by 
          Ci, kg/hr.
QT = Total mass quantity of off-site material during the 
          averaging period, kg/hr.
Ci = Measured VOHAP concentration of sample ``i'' as 
          determined in accordance with the requirements of Sec.  
          63.694(a), ppmw.

    (d) Determination of treatment process VOHAP concentration limit 
(CR). (1) All of the off-site material streams entering the 
treatment process shall be identified.
    (2) The average VOHAP concentration of each off-site material stream 
at the point-of-delivery shall be determined using the procedures 
specified in paragraph (b) of this section.
    (3) The VOHAP concentration limit (CR) shall be 
calculated by using the results determined for each individual off-site 
material stream and the following equation:

[[Page 195]]

[GRAPHIC] [TIFF OMITTED] TR01JY96.039

where:

CR = VOHAP concentration limit, ppmw.
x = Individual off-site material stream ``x'' that has a VOHAP 
          concentration less than 500 ppmw at the point-of-delivery.
y = Individual off-site material stream ``y'' that has a VOHAP 
          concentration equal to or greater than 500 ppmw at the point-
          of-delivery.
m = Total number of ``x'' off-site material streams treated by process.
n = Total number of ``y'' off-site material streams treated by process.
Qx = Total mass quantity of off-site material stream ``x'', 
          kg/yr.
Qy = Total mass quantity of off-site material stream ``y'', 
          kg/yr.
Cx = VOHAP concentration of off-site material stream ``x'' at 
          the point-of-delivery, ppmw.

    (e) Determination of required HAP mass removal rate (RMR).
    (1) Each individual stream containing HAP that enters the treatment 
process shall be identified.
    (2) The average VOHAP concentration at the point-of-delivery for 
each stream identified in paragraph (e)(1) of this section shall be 
determined using the test methods and procedures specified in paragraph 
(b) of this section.
    (3) For each stream identified in paragraph (e)(1) of this section 
that has an average VOHAP concentration equal to or greater than 500 
ppmw at the point-of-delivery, the average volumetric flow rate and the 
density of the off-site material stream at the point-of-delivery shall 
be determined.
    (4) The required HAP mass removal rate (RMR) shall be calculated by 
using the average VOHAP concentration, average volumetric flow rate, and 
density determined in paragraph (e)(3) of this section for each stream 
and the following equation:
[GRAPHIC] [TIFF OMITTED] TR20JY99.002

Where:

RMR = Required HAP mass removal rate, kg/hr.
y = Individual stream ``y'' that has a VOHAP concentration equal to or 
          greater than 500 ppmw at the point-of-delivery as determined 
          in Sec.  63.694(b).
n = Total number of ``y'' streams treated by process.
Vy = Average volumetric flow rate of stream ``y'' at the 
          point-of-delivery, m\3\/hr.
ky = Density of stream ``y'', kg/m\3\.
Cy = Average VOHAP concentration of stream ``y'' at the 
          point-of-delivery as determined in Sec.  63.694(b)(2), ppmw.

    (f) Determination of actual HAP mass removal rate (MR).
    (1) The actual HAP mass removal rate (MR) shall be determined based 
on results for a minimum of three consecutive runs. The sampling time 
for each run shall be at least 1 hour.
    (2) The HAP mass flow entering the process (Eb) and the 
HAP mass flow exiting the process (Ea) shall be determined 
using the test methods and procedures specified in paragraphs (g)(2) 
through (g)(4) of this section.
    (3) The actual mass removal rate shall be calculated using the HAP 
mass flow rates determined in paragraph (f)(2) of this section and the 
following equation:

MR = Eb-Ea

where:

    MR = Actual HAP mass removal rate, kg/hr.
    Eb = HAP mass flow entering process as determined in 
paragraph (f)(2) of this section, kg/hr.
    Ea = HAP mass flow exiting process as determined in 
paragraph (f)(2) of this section, kg/hr.

    (g) Determination of treatment process HAP reduction efficiency (R).
    (1) The HAP reduction efficiency (R) for a treatment process shall 
be determined based on results for a minimum of three consecutive runs.

[[Page 196]]

    (2) Each individual stream containing HAP that enters the treatment 
process shall be identified. Each individual stream containing HAP that 
exits the treatment process shall be identified. The owner or operator 
shall prepare a sampling plan for measuring the identified streams that 
accurately reflects the retention time of the material in the process.
    (3) For each run, information shall be determined for each stream 
identified in paragraph (g)(2) of this section as specified in 
paragraphs (g)(3)(i) through (g)(3)(iii) of this section.
    (i) The mass quantity shall be determined for each stream identified 
in paragraph (g)(2) of this section as entering the process 
(Qb). The mass quantity shall be determined for each stream 
identified in paragraph (g)(2) of this section as exiting the process 
(Qa).
    (ii) The average VOHAP concentration at the point-of-delivery shall 
be determined for each stream entering the process (Cb) (as 
identified in paragraph (g)(2) of this section) using the test methods 
and procedures specified in paragraph (b) of this section.
    (iii) The average VOHAP concentration at the point-of-treatment 
shall be determined for each stream exiting the process (Ca) 
(as identified in paragraph (g)(2) of this section) using the test 
methods and procedures specified in paragraph (c) of this section.
    (4) The HAP mass flow entering the process (Eb) and the 
HAP mass flow exiting the process (Ea) shall be calculated 
using the results determined in paragraph (g)(3) of this section and the 
following equations:
[GRAPHIC] [TIFF OMITTED] TR20JY99.003

Where:

Eb = HAP mass flow entering process, kg/hr.
Ea = HAP mass flow exiting process, kg/hr.
m = Total number of runs (at least 3)
j = Individual run ``j''
Qbj = Mass quantity of material entering process during run 
          ``j'', kg/hr.
Qaj = Average mass quantity of material exiting process 
          during run ``j'', kg/hr.
Caj = Average VOHAP concentration of material exiting process 
          during run ``j'' as determined in Sec.  63.694(c), ppmw.
Cbj = Average VOHAP concentration of material entering 
          process during run ``j'' as determined in Sec.  63.694(b)(2), 
          ppmw.

    (5) The HAP reduction efficiency (R) shall be calculated using the 
HAP mass flow rates determined in paragraph (g)(4) of this section and 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR20JY99.004

Where:

R = HAP reduction efficiency, percent.
Eb = HAP mass flow entering process as determined in 
          paragraph (g)(4) of this section, kg/hr.
Ea = HAP mass flow exiting process as determined in 
          accordance with the requirements of paragraph (g)(4) of this 
          section, kg/hr.

    (h) Determination of HAP biodegradation efficiency 
(Rbio).
    (1) The fraction of HAP biodegraded (Fbio) shall be 
determined using one of the procedures specified in appendix C of this 
part 63.
    (2) The HAP biodegradation efficiency (Rbio) shall be 
calculated by using the following equation:

Rbio-Fbio x 100

where:

Rbio = HAP biodegradation efficiency, percent.
Fbio = Fraction of HAP biodegraded as determined in paragraph 
          (h)(1) of this section.

    (i) Determination of actual HAP mass removal rate 
(MRbio). (1) The actual HAP mass removal rate 
(MRbio) shall be determined based on results for a minimum of 
three consecutive runs. The sampling time for each run shall be at least 
1 hour.
    (2) The HAP mass flow entering the process (Eb) shall be 
determined using the test methods and procedures specified in paragraphs 
(g)(2) through (g)(4) of this section.
    (3) The fraction of HAP biodegraded (Fbio) shall be 
determined using the procedure specified in 40 CFR part 63, appendix C 
of this part.
    (4) The actual mass removal rate shall be calculated by using the 
HAP mass flow rates and fraction of HAP biodegraded determined in 
paragraphs

[[Page 197]]

(i)(2) and (i)(3), respectively, of this section and the following 
equation:

MRbio = E\b\ x Fbio

Where:

MRbio = Actual HAP mass removal rate, kg/hr.
Eb = HAP mass flow entering process, kg/hr.
Fbio = Fraction of HAP biodegraded.

    (j) Determination of maximum HAP vapor pressure for off-site 
material in a tank. (1) The maximum HAP vapor pressure of the off-site 
material composition managed in a tank shall be determined using either 
direct measurement as specified in paragraph (j)(2) of this section or 
by knowledge of the off-site material as specified by paragraph (j)(3) 
of this section.
    (2) Direct measurement to determine the maximum HAP vapor pressure 
of an off-site material.
    (i) Sampling. A sufficient number of samples shall be collected to 
be representative of the off-site material contained in the tank. All 
samples shall be collected and handled in accordance with written 
procedures prepared by the owner or operator and documented in a site 
sampling plan. This plan shall describe the procedure by which 
representative samples of the off-site material is collected such that a 
minimum loss of organics occurs throughout the sample collection and 
handling process and by which sample integrity is maintained. A copy of 
the written sampling plan shall be maintained on-site in the plant site 
operating records. An example of an acceptable sampling plan includes a 
plan incorporating sample collection and handling procedures in 
accordance with the requirements specified in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication No. 
SW-846 or Method 25D in 40 CFR part 60, appendix A.
    (ii) Analysis. Any one of the following methods may be used to 
analyze the samples and compute the maximum HAP vapor pressure of the 
off-site material:
    (A) Method 25E in 40 CFR part 60 appendix A;
    (B) Methods described in American Petroleum Institute Bulletin 2517, 
``Evaporation Loss from External Floating Roof Tanks,'';
    (C) Methods obtained from standard reference texts;
    (D) ASTM Method 2879-83; or
    (E) Any other method approved by the Administrator.
    (3) Use of knowledge to determine the maximum HAP vapor pressure of 
the off-site material. Documentation shall be prepared and recorded that 
presents the information used as the basis for the owner's or operator's 
knowledge that the maximum HAP vapor pressure of the off-site material 
is less than the maximum vapor pressure limit listed in Table 3, Table 
4, or Table 5 of this subpart for the applicable tank design capacity 
category. Examples of information that may be used include: the off-site 
material is generated by a process for which at other locations it 
previously has been determined by direct measurement that the off-site 
material maximum HAP vapor pressure is less than the maximum vapor 
pressure limit for the appropriate tank design capacity category. In the 
event that the Administrator and the owner or operator disagree on a 
determination of the maximum HAP vapor pressure for an off-site material 
stream using knowledge, then the results from a determination of HAP 
vapor pressure using direct measurement as specified in paragraph (j)(2) 
of this section shall be used to establish compliance with the 
applicable requirements of this subpart. The Administrator may perform 
or require that the owner or operator perform this determination using 
direct measurement.
    (k) Procedure for determining no detectable organic emissions for 
the purpose of complying with this subpart.
    (1) The test shall be conducted in accordance with the procedures 
specified in Method 21 of 40 CFR part 60, appendix A. Each potential 
leak interface (i.e., a location where organic vapor leakage could 
occur) on the cover and associated closure devices shall be checked. 
Potential leak interfaces that are associated with covers and closure 
devices include, but are not limited to: the interface of the cover and 
its foundation mounting; the periphery of any opening on the cover and 
its associated closure device; and the sealing seat interface on a 
spring-loaded pressure-relief valve.

[[Page 198]]

    (2) The test shall be performed when the unit contains a material 
having a total organic concentration representative of the range of 
concentrations for the materials expected to be managed in the unit. 
During the test, the cover and closure devices shall be secured in the 
closed position.
    (3) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 8.1.1 of Method 21 shall be for the weighted 
average composition of the organic constituents in the material placed 
in the unit at the time of monitoring, not for each individual organic 
constituent.
    (4) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane in air at a concentration of 
approximately, but less than, 10,000 ppmv.
    (6) An owner or operator may choose to adjust or not adjust the 
detection instrument readings to account for the background organic 
concentration level. If an owner or operator chooses to adjust the 
instrument readings for the background level, the background level value 
must be determined according to the procedures in Method 21 of 40 CFR 
part 60, appendix A.
    (7) Each potential leak interface shall be checked by traversing the 
instrument probe around the potential leak interface as close to the 
interface as possible, as described in Method 21. In the case when the 
configuration of the cover or closure device prevents a complete 
traverse of the interface, all accessible portions of the interface 
shall be sampled. In the case when the configuration of the closure 
device prevents any sampling at the interface and the device is equipped 
with an enclosed extension or horn (e.g., some pressure relief devices), 
the instrument probe inlet shall be placed at approximately the center 
of the exhaust area to the atmosphere.
    (8) An owner or operator must determine if a potential leak 
interface operates with no detectable emissions using the applicable 
procedure specified in paragraph (k)(8)(i) or (k)(8)(ii) of this 
section.
    (i) If an owner or operator chooses not to adjust the detection 
instrument readings for the background organic concentration level, then 
the maximum organic concentration value measured by the detection 
instrument is compared directly to the applicable value for the 
potential leak interface as specified in paragraph (k)(9) of this 
section.
    (ii) If an owner or operator chooses to adjust the detection 
instrument readings for the background organic concentration level, the 
value of the arithmetic difference between the maximum organic 
concentration value measured by the instrument and the background 
organic concentration value as determined in paragraph (k)(6) of this 
section is compared with the applicable value for the potential leak 
interface as specified in paragraph (k)(9) of this section.
    (9) A potential leak interface is determined to operate with no 
detectable emissions using the applicable criteria specified in 
paragraphs (k)(9)(i) and (k)(9)(ii) of this section.
    (i) For a potential leak interface other than a seal around a shaft 
that passes through a cover opening, the potential leak interface is 
determined to operate with no detectable organic emissions if the 
organic concentration value determined in paragraph (k)(8) is less than 
500 ppmv.
    (ii) For a seal around a shaft that passes through a cover opening, 
the potential leak interface is determined to operate with no detectable 
organic emissions if the organic concentration value determined in 
paragraph (k)(8) is less than 10,000 ppmv.
    (l) Control device performance test procedures. Performance tests 
shall be based on representative performance (i.e., performance based on 
normal operating conditions) and shall exclude periods of startup and 
shutdown unless specified by the Administrator. The owner or operator 
may not conduct performance tests during periods of malfunction. The 
owner or operator

[[Page 199]]

must record the process information that is necessary to document 
operating conditions during the test and include in such record an 
explanation to support that such conditions represent normal operation. 
Upon request, the owner or operator shall make available to the 
Administrator such records as may be necessary to determine the 
conditions of performance tests.
    (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites at the inlet and 
outlet of the control device.
    (i) To determine compliance with a control device percent reduction 
requirement, sampling sites shall be located at the inlet of the control 
device as specified in paragraphs (l)(1)(i)(A) and (l)(1)(i)(B) of this 
section, and at the outlet of the control device.
    (A) The control device inlet sampling site shall be located after 
the final product recovery device.
    (B) If a vent stream is introduced with the combustion air or as an 
auxiliary fuel into a boiler or process heater, the location of the 
inlet sampling sites shall be selected to ensure that the measurement of 
total HAP concentration or TOC concentration, as applicable, includes 
all vent streams and primary and secondary fuels introduced into the 
boiler or process heater.
    (ii) To determine compliance with an enclosed combustion device 
concentration limit, the sampling site shall be located at the outlet of 
the device.
    (2) The gas volumetric flow rate shall be determined using Method 2, 
2A, 2C, or 2D, 2F, or 2G of 40 CFR part 60, appendix A, as appropriate.
    (3) To determine compliance with the control device percent 
reduction requirement, the owner or operator shall use Method 18 of 40 
CFR part 60, appendix A to measure the HAP in Table 1 of this subpart or 
Method 25A of 40 CFR part 60, appendix A to measure TOC. Method 18 may 
be used to measure methane and ethane, and the measured concentration 
may be subtracted from the Method 25A measurement. Alternatively, any 
other method or data that has been validated according to the applicable 
procedures in Method 301 in appendix A of this part may be used. The 
following procedures shall be used to calculate percent reduction 
efficiency:
    (i) A minimum of three sample runs must be performed. The minimum 
sampling time for each run shall be 1 hour. For Method 18, either an 
integrated sample or a minimum of four grab samples shall be taken. If 
grab sampling is used, then the samples shall be taken at approximately 
equal intervals in time such as 15 minute intervals during the run.
    (ii) The mass rate of either TOC (minus methane and ethane) or total 
HAP (Ei and Eo ,respectively) shall be computed.
    (A) The following equations shall be used:
    [GRAPHIC] [TIFF OMITTED] TR08JA01.001
    
Where:

Cij, Coj = Concentration of sample component j of 
          the gas stream at the inlet and outlet of the control device, 
          respectively, dry basis, parts per million by volume.
Ei, Eo = Mass rate of TOC (minus methane and 
          ethane) or total HAP at the inlet and outlet of the control 
          device, respectively, dry basis, kilogram per hour.
Mij, Moj = Molecular weight of sample component j 
          of the gas stream at the inlet and outlet of the control 
          device, respectively, gram/gram-mole.
Qi, Qo = Flow rate of gas stream at the inlet and 
          outlet of the control device, respectively, dry standard cubic 
          meter per minute.
K2 = Constant, 2.494 x 10 -6 (parts per million) 
          -1 (gram-mole per standard cubic meter) (kilogram/
          gram) (minute/hour), where standard temperature (gram-mole per 
          standard cubic meter) is 20  deg.C.

    (B) When the TOC mass rate is calculated, the average concentration 
reading (minus methane and ethane) measured by Method 25A of 40 CFR part 
60, appendix A shall be used in the equation in paragraph (l)(3)(ii)(A) 
of this section.
    (C) When the total HAP mass rate is calculated, only the HAP 
constituents shall be summed using the equation in paragraph 
(l)(3)(ii)(A) of this section.

[[Page 200]]

    (iii) The percent reduction in TOC (minus methane and ethane) or 
total HAP shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR01JY96.045

where:

Rcd = Control efficiency of control device, percent.
Ei = Mass rate of TOC (minus methane and ethane) or total HAP 
          at the inlet to the control device as calculated under 
          paragraph (l)(3)(ii) of this section, kilograms TOC per hour 
          or kilograms HAP per hour.
Eo = Mass rate of TOC (minus methane and ethane) or total HAP 
          at the outlet of the control device, as calculated under 
          paragraph (l)(3)(ii) of this section, kilograms TOC per hour 
          or kilograms HAP per hour.

    (iv) If the vent stream entering a boiler or process heater is 
introduced with the combustion air or as a secondary fuel, the weight-
percent reduction of total HAP or TOC (minus methane and ethane) across 
the device shall be determined by comparing the TOC (minus methane and 
ethane) or total HAP in all combusted vent streams and primary and 
secondary fuels with the TOC (minus methane and ethane) or total HAP 
exiting the device, respectively.
    (4) To determine compliance with the enclosed combustion device 
total HAP concentration limit of this subpart, the owner or operator 
shall use Method 18 of 40 CFR part 60, appendix A to measure the total 
HAP in Table 1 of this subpart or Method 25A of 40 CFR part 60, appendix 
A to measure TOC. Method 18 may be used to measure methane and ethane 
and the measured concentration may be subtracted from the Method 25A 
measurement. Alternatively, any other method or data that has been 
validated according to Method 301 in appendix A of this part, may be 
used. The following procedures shall be used to calculate parts per 
million by volume concentration, corrected to 3 percent oxygen:
    (i) A minimum of three sample runs must be performed. The minimum 
sampling time for each run shall be 1 hour. For Method 18, either an 
integrated sample or a minimum of four grab samples shall be taken. If 
grab sampling is used, then the samples shall be taken at approximately 
equal intervals in time, such as 15 minute intervals during the run.
    (ii) The TOC concentration or total HAP concentration shall be 
calculated according to paragraph (m)(4)(ii)(A) or (m)(4)(ii)(B) of this 
section.
    (A) The TOC concentration (CTOC) is the average 
concentration readings provided by Method 25 A of 40 CFR part 60, 
appendix A, minus the concentration of methane and ethane.
    (B) The total HAP concentration (CHAP) shall be computed 
according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR18MR15.000

where:
CHAP = Total concentration of HAP compounds listed in Table 1 
          of this subpart, dry basis, parts per million by volume.
Cij = Concentration of sample components j of sample i, dry 
          basis, parts per million by volume.
n = Number of components in the sample.
x = Number of samples in the sample run.

    (iii) The measured TOC concentration or total HAP concentration 
shall be corrected to 3 percent oxygen as follows:
    (A) The emission rate correction factor or excess air, integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A shall be used to determine the oxygen concentration 
(%O2dry). Alternatively, the owner or operator may use Method 
3A of 40 CFR part 60, appendix A to determine the oxygen concentration. 
The samples shall be collected during the

[[Page 201]]

same time that the samples are collected for determining TOC 
concentration or total HAP concentration.
    (B) The concentration corrected to 3 percent oxygen (Cc) 
shall be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR01JY96.047

where:

Cc = TOC concentration or total HAP concentration corrected 
          to 3 percent oxygen, dry basis, parts per million by volume.
Cm = Measured TOC concentration or total HAP concentration, 
          dry basis, parts per million by volume.
%O2dry = Concentration of oxygen, dry basis, percent by 
          volume.

    (m) Determination of process vent stream flow rate and total HAP 
concentration.
    (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
must be used for selection of the sampling site.
    (2) No traverse site selection method is needed for vents smaller 
than 0.10 meter in diameter. For vents smaller than 0.10 meter in 
diameter, sample at the center of the vent.
    (3) Process vent stream gas volumetric flow rate must be determined 
using Method 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR part 60, appendix A, as 
appropriate.
    (4) Process vent stream total HAP concentration must be measured 
using the following procedures:
    (i) Method 18 of 40 CFR part 60, appendix A, must be used to measure 
the total HAP concentration. Alternatively, any other method or data 
that has been validated according to the protocol in Method 301 of 
appendix A of this part may be used.
    (ii) Where Method 18 of 40 CFR part 60, appendix A, is used, the 
following procedures must be used to calculate parts per million by 
volume concentration:
    (A) The minimum sampling time for each run must be 1 hour in which 
either an integrated sample or four grab samples must be taken. If grab 
sampling is used, then the samples must be taken at approximately equal 
intervals in time, such as 15 minute intervals during the run.
    (B) The total HAP concentration (CHAP) must be computed 
according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR20JY99.005

Where:

CHAP = Total concentration of HAP compounds listed in Table 1 
          of this subpart, dry basis, parts per million by volume.
Cji = Concentration of sample component j of the sample i, 
          dry basis, parts per million by volume.
n = Number of components in the sample.
x = Number of samples in the sample run.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38974, July 20, 1999; 66 
FR 1267, Jan. 8, 2001; 80 FR 14277, Mar. 18, 2015]



Sec.  63.695  Inspection and monitoring requirements.

    (a) The owner or operator must install, calibrate, maintain, and 
operate all monitoring system components according to Sec. Sec.  63.8, 
63.684(e), 63.693(d)(3), (e)(3), (f)(3), (g)(3), and (h)(3), and 
paragraph (a)(5) of this section and perform the inspection and 
monitoring procedures specified in paragraphs (a)(1) through (4) of this 
section.
    (1) To inspect tank fixed roofs and floating roofs for compliance 
with the Tank Level 2 controls standards specified in Sec.  63.685 of 
this subpart, the inspection procedures are specified in paragraph (b) 
of this section.
    (2) To inspect and monitor closed-vent systems for compliance with 
the standards specified in Sec.  63.693 of this subpart, the inspection 
and monitoring procedures are specified in paragraph (c) of this 
section.
    (3) To inspect and monitor transfer system covers for compliance 
with the standards specified in Sec.  63.689(c)(1) of this subpart, the 
inspection and monitoring procedures are specified in paragraph (d) of 
this section.
    (4) To monitor and record off-site material treatment processes for 
compliance with the standards specified in 63.684(e), the monitoring 
procedures are specified in paragraph (e) of this section.

[[Page 202]]

    (5)(i) Except for periods of monitoring system malfunctions, repairs 
associated with monitoring system malfunctions and required monitoring 
system quality assurance or quality control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
the owner or operator must operate the continuous monitoring system at 
all times the affected source is operating. A monitoring system 
malfunction is any sudden, infrequent, not reasonably preventable 
failure of the monitoring system to provide data. Monitoring system 
failures that are caused in part by poor maintenance or careless 
operation are not malfunctions. The owner or operator is required to 
complete monitoring system repairs in response to monitoring system 
malfunctions and to return the monitoring system to operation as 
expeditiously as practicable.
    (ii) The owner or operator may not use data recorded during 
monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, or required monitoring system quality assurance or 
control activities in calculations used to report emissions or operating 
levels. The owner or operator must use all the data collected during all 
other required data collection periods in assessing the operation of the 
control device and associated control system. The owner or operator must 
report any periods for which the monitoring system failed to collect 
required data.
    (b) Tank Level 2 fixed roof and floating roof inspection 
requirements.
    (1) Owners and operators that use a tank equipped with an internal 
floating roof in accordance with the provisions of Sec.  63.685(e) of 
this subpart shall meet the following inspection requirements:
    (i) The floating roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions. Defects include, but are not limited to, the 
internal floating roof is not floating on the surface of the liquid 
inside the tank; liquid has accumulated on top of the internal floating 
roof; any portion of the roof seals have detached from the roof rim; 
holes, tears, or other openings are visible in the seal fabric; the 
gaskets no longer close off the waste surfaces from the atmosphere; or 
the slotted membrane has more than 10 percent open area.
    (ii) The owner or operator shall inspect the internal floating roof 
components as follows except as provided for in paragraph (b)(1)(iii) of 
this section:
    (A) Visually inspect the internal floating roof components through 
openings on the fixed-roof (e.g., manholes and roof hatches) at least 
once every calendar year after initial fill, and
    (B) Visually inspect the internal floating roof, primary seal, 
secondary seal (if one is in service), gaskets, slotted membranes, and 
sleeve seals (if any) each time the tank is emptied and degassed and at 
least every 10 years. Prior to each inspection, the owner or operator 
shall notify the Administrator in accordance with the reporting 
requirements specified in Sec.  63.697 of this subpart.
    (iii) As an alternative to performing the inspections specified in 
paragraph (b)(1)(ii) of this section for an internal floating roof 
equipped with two continuous seals mounted one above the other, the 
owner or operator may visually inspect the internal floating roof, 
primary and secondary seals, gaskets, slotted membranes, and sleeve 
seals (if any) each time the tank is emptied and degassed and at least 
every 5 years. Prior to each inspection, the owner or operator shall 
notify the Administrator in accordance with the reporting requirements 
specified in Sec.  63.697 of this subpart.
    (iv) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(b)(4) of this section.
    (v) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec.  63.696 of this 
subpart.
    (2) Owners and operators that use a tank equipped with an external 
floating roof in accordance with the provisions of Sec.  63.685(f) of 
this subpart shall meet the following requirements:
    (i) The owner or operator shall measure the external floating roof 
seal gaps in accordance with the following requirements:

[[Page 203]]

    (A) The owner or operator shall perform measurements of gaps between 
the tank wall and the primary seal within 60 days after initial 
operation of the tank following installation of the floating roof and, 
thereafter, at least once every 5 years. Prior to each inspection, the 
owner or operator shall notify the Administrator in accordance with the 
reporting requirements specified in Sec.  63.697 of this subpart.
    (B) The owner or operator shall perform measurements of gaps between 
the tank wall and the secondary seal within 60 days after initial 
operation of the separator following installation of the floating roof 
and, thereafter, at least once every year. Prior to each inspection, the 
owner or operator shall notify the Administrator in accordance with the 
reporting requirements specified in Sec.  63.697 of this subpart.
    (C) If a tank ceases to hold off-site material for a period of 1 
year or more, subsequent introduction of off-site material into the tank 
shall be considered an initial operation for the purposes of paragraphs 
(b)(2)(i)(A) and (b)(2)(i)(B) of this section.
    (D) The owner shall determine the total surface area of gaps in the 
primary seal and in the secondary seal individually using the following 
procedure.
    (1) The seal gap measurements shall be performed at one or more 
floating roof levels when the roof is floating off the roof supports.
    (2) Seal gaps, if any, shall be measured around the entire perimeter 
of the floating roof in each place where a 0.32-centimeter (cm) (\1/8\-
inch) diameter uniform probe passes freely (without forcing or binding 
against the seal) between the seal and the wall of the tank and measure 
the circumferential distance of each such location.
    (3) For a seal gap measured under paragraph (b)(2) of this section, 
the gap surface area shall be determined by using probes of various 
widths to measure accurately the actual distance from the tank wall to 
the seal and multiplying each such width by its respective 
circumferential distance.
    (4) The total gap area shall be calculated by adding the gap surface 
areas determined for each identified gap location for the primary seal 
and the secondary seal individually, and then dividing the sum for each 
seal type by the nominal diameter of the tank. These total gap areas for 
the primary seal and secondary seal are then compared to the respective 
standards for the seal type as specified in Sec.  63.685(f)(1) of this 
subpart.
    (E) In the event that the seal gap measurements do not conform to 
the specifications in Sec.  63.685(f)(1) of this subpart, the owner or 
operator shall repair the defect in accordance with the requirements of 
paragraph (b)(4) of this section.
    (F) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec.  63.696 of this 
subpart.
    (ii) The owner or operator shall visually inspect the external 
floating roof in accordance with the following requirements:
    (A) The floating roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air emissions. Defects include, but are not limited to: holes, 
tears, or other openings in the rim seal or seal fabric of the floating 
roof; a rim seal detached from the floating roof; all or a portion of 
the floating roof deck being submerged below the surface of the liquid 
in the tank; broken, cracked, or otherwise damaged seals or gaskets on 
closure devices; and broken or missing hatches, access covers, caps, or 
other closure devices.
    (B) The owner or operator shall perform the inspections following 
installation of the external floating roof and, thereafter, at least 
once every year.
    (C) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(b)(4) of this section.
    (D) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec.  63.696(d) of this 
subpart.
    (3) Owners and operators that use a tank equipped with a fixed roof 
in accordance with the provisions of Sec.  63.685(g) of this subpart 
shall meet the following requirements:
    (i) The fixed roof and its closure devices shall be visually 
inspected by the

[[Page 204]]

owner or operator to check for defects that could result in air 
emissions. Defects include, but are not limited to, visible cracks, 
holes, or gaps in the roof sections or between the roof and the 
separator wall; broken, cracked, or otherwise damaged seals or gaskets 
on closure devices; and broken or missing hatches, access covers, caps, 
or other closure devices. In the case when a tank is buried partially or 
entirely underground, inspection is required only for those portions of 
the cover that extend to or above the ground surface, and those 
connections that are on such portions of the cover (e.g., fill ports, 
access hatches, gauge wells, etc.) and can be opened to the atmosphere.
    (ii) The owner or operator must perform an initial inspection 
following installation of the fixed roof. Thereafter, the owner or 
operator must perform the inspections at least once every calendar year 
except as provided for in paragraph (f) of this section.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(b)(4) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec.  63.696(e) of this 
subpart.
    (4) The owner or operator shall repair each defect detected during 
an inspection performed in accordance with the requirements of paragraph 
(b)(1), (b)(2), or (b)(3) of this section in the following manner:
    (i) The owner or operator shall within 45 calendar days of detecting 
the defect either repair the defect or empty the tank and remove it from 
service. If within this 45-day period the defect cannot be repaired or 
the tank cannot be removed from service without disrupting operations at 
the plant site, the owner or operator is allowed two 30-day extensions. 
In cases when an owner or operator elects to use a 30-day extension, the 
owner or operator shall prepare and maintain documentation describing 
the defect, explaining why alternative storage capacity is not 
available, and specify a schedule of actions that will ensure that the 
control equipment will be repaired or the tank emptied as soon as 
possible.
    (ii) When a defect is detected during an inspection of a tank that 
has been emptied and degassed, the owner or operator shall repair the 
defect before refilling the tank.
    (c) Owners and operators that use a closed-vent system in accordance 
with the provisions of Sec.  63.693 of this subpart shall meet the 
following inspection and monitoring requirements:
    (1) Each closed-vent system that is used to comply with Sec.  
63.693(c)(1)(i) of this subpart shall be inspected and monitored in 
accordance with the following requirements:
    (i) At initial startup, the owner or operator shall monitor the 
closed-vent system components and connections using the procedures 
specified in Sec.  63.694(k) of this subpart to demonstrate that the 
closed-vent system operates with no detectable organic emissions.
    (ii) After initial startup, the owner or operator shall inspect and 
monitor the closed-vent system as follows:
    (A) Closed-vent system joints, seams, or other connections that are 
permanently or semi-permanently sealed (e.g., a welded joint between two 
sections of hard piping or a bolted and gasketed ducting flange) shall 
be visually inspected at least once per year to check for defects that 
could result in air emissions. The owner or operator shall monitor a 
component or connection using the procedures specified in Sec.  
63.694(k) of this subpart to demonstrate that it operates with no 
detectable organic emissions following any time the component is 
repaired or replaced (e.g., a section of damaged hard piping is replaced 
with new hard piping) or the connection is unsealed (e.g., a flange is 
unbolted).
    (B) Closed-vent system components or connections other than those 
specified in paragraph (c)(1)(ii)(A) of this section, shall be monitored 
at least once per year using the procedures specified in Sec.  63.694(k) 
of this subpart to demonstrate that components or connections operate 
with no detectable organic emissions.
    (C) The continuous monitoring system required by Sec.  
63.693(b)(4)(i) shall monitor and record either an instantaneous data 
value at least once every 15

[[Page 205]]

minutes or an average value for intervals of 15 minutes or less.
    (D) The owner or operator shall visually inspect the seal or closure 
mechanism required by Sec.  63.693(c)(2)(ii) at least once every month 
to verify that the bypass mechanism is maintained in the closed 
position.
    (iii) In the event that a defect or leak is detected, the owner or 
operator shall repair the defect or leak in accordance with the 
requirements of paragraph (c)(3) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
and monitoring in accordance with the requirements specified in Sec.  
63.696 of this subpart.
    (2) Each closed-vent system that is used to comply with Sec.  
63.693(c)(1)(ii) of this subpart shall be inspected and monitored in 
accordance with the following requirements:
    (i) The closed-vent system shall be visually inspected by the owner 
or operator to check for defects that could result in air emissions. 
Defects include, but are not limited to, visible cracks, holes, or gaps 
in ductwork or piping; loose connections; or broken or missing caps or 
other closure devices.
    (ii) The owner or operator must perform an initial inspection 
following installation of the closed-vent system. Thereafter, the owner 
or operator must perform the inspections at least once every calendar 
year except as provided for in paragraph (f) of this section.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(c)(3) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec.  63.696 of this 
subpart.
    (3) The owner or operator shall repair all detected defects as 
follows:
    (i) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall be 
completed as soon as possible but no later than 45 calendar days after 
detection.
    (ii) Repair of a defect may be delayed beyond 45 calendar days if 
either of the conditions specified in paragraph (c)(3)(ii)(A) or 
(c)(3)(ii)(B) occurs. In this case, the owner or operator must repair 
the defect the next time the process or unit that vents to the closed-
vent system is shutdown. Repair of the defect must be completed before 
the process or unit resumes operation.
    (A) Completion of the repair is technically infeasible without the 
shutdown of the process or unit that vents to the closed-vent system.
    (B) The owner or operator determines that the air emissions 
resulting from the repair of the defect within the specified period 
would be greater than the fugitive emissions likely to result by 
delaying the repair until the next time the process or unit that vents 
to the closed-vent system is shutdown.
    (iii) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec.  63.696 of 
this subpart.
    (d) Owners and operators that use a transfer system equipped with a 
cover in accordance with the provisions of Sec.  63.689(c)(1) of this 
subpart shall meet the following inspection requirements:
    (1) The cover and its closure devices shall be visually inspected by 
the owner or operator to check for defects that could result in air 
emissions. Defects include, but are not limited to, visible cracks, 
holes, or gaps in the cover sections or between the cover and its 
mounting; broken, cracked, or otherwise damaged seals or gaskets on 
closure devices; and broken or missing hatches, access covers, caps, or 
other closure devices. In the case when a transfer system is buried 
partially or entirely underground, inspection is required only for those 
portions of the cover that extend to or above the ground surface, and 
those connections that are on such portions of the cover (e.g., access 
hatches, etc.) and can be opened to the atmosphere.
    (2) The owner or operator must perform an initial inspection 
following installation of the cover. Thereafter, the owner or operator 
must perform the inspections at least once every calendar year except as 
provided for in paragraph (f) of this section.
    (3) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(d)(5) of this section.

[[Page 206]]

    (4) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec.  63.696 of this 
subpart.
    (5) The owner or operator shall repair all detected defects as 
follows:
    (i) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall be 
completed as soon as possible but no later than 45 calendar days after 
detection except as provided in paragraph (d)(5)(ii) of this section.
    (ii) Repair of a defect may be delayed beyond 45 calendar days if 
the owner or operator determines that repair of the defect requires 
emptying or temporary removal from service of the transfer system and no 
alternative transfer system is available at the site to accept the 
material normally handled by the system. In this case, the owner or 
operator shall repair the defect the next time the process or unit that 
is generating the material handled by the transfer system stops 
operation. Repair of the defect must be completed before the process or 
unit resumes operation.
    (iii) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec.  63.696 of 
this subpart.
    (e) Control device monitoring requirements. For each control device 
required under Sec.  63.693 to be monitored in accordance with the 
provisions of this paragraph (e), the owner or operator must ensure that 
each control device operates properly by monitoring the control device 
in accordance with the requirements specified in paragraphs (e)(1) 
through (5) of this section.
    (1) A continuous parameter monitoring system must be used to measure 
the operating parameter or parameters specified for the control device 
in Sec.  63.693(d) through Sec.  63.693(g) of this subpart as applicable 
to the type and design of the control device. The continuous parameter 
monitoring system must meet the following specifications and 
requirements:
    (i) The continuous parameter monitoring system must measure either 
an instantaneous value at least once every 15 minutes or an average 
value for intervals of 15 minutes or less and continuously record 
either:
    (A) Each measured data value; or
    (B) Each block average value for each 1-hour period or shorter 
periods calculated from all measured data values during each period. If 
values are measured more frequently than once per minute, a single value 
for each minute may be used to calculate the hourly (or shorter period) 
block average instead of all measured values.
    (ii) The monitoring system must be installed, calibrated, operated, 
and maintained in accordance with the manufacturer's specifications or 
other written procedures that provide reasonable assurance that the 
monitoring equipment is operating properly.
    (2) Using the data recorded by the monitoring system, the owner or 
operator must calculate the daily average value for each monitored 
operating parameter for each operating day. If operation of the control 
device is continuous, the operating day is a 24-hour period. If control 
device operation is not continuous, the operating day is the total 
number of hours of control device operation per 24-hour period. Valid 
data points must be available for 75 percent of the operating hours in 
an operating day to compute the daily average.
    (3) For each monitored operating parameter, the owner or operator 
must establish a minimum operating parameter value or a maximum 
operating parameter value, as appropriate, to define the range of 
conditions at which the control device must be operated to continuously 
achieve the applicable performance requirements specified in Sec.  
63.693(b)(2) of this subpart. Each minimum or maximum operating 
parameter value must be established in accordance with the requirements 
in paragraphs (e)(3)(i) and (e)(3)(ii) of this section.
    (i) If the owner or operator conducts a performance test to 
demonstrate control device performance, then the minimum or maximum 
operating parameter value must be established based on values measured 
during the performance test and supplemented, as necessary, by the 
control device design specifications, manufacturer recommendations, or 
other applicable information.

[[Page 207]]

    (ii) If the owner or operator uses a control device design analysis 
to demonstrate control device performance, then the minimum or maximum 
operating parameter value must be established based on the control 
device design analysis and supplemented, as necessary, by the control 
device manufacturer recommendations or other applicable information.
    (4) A deviation for a given control device is determined to have 
occurred when the monitoring data or lack of monitoring data result in 
any one of the criteria specified in paragraphs (e)(4)(i) through (iii) 
of this section being met. When multiple operating parameters are 
monitored for the same control device and during the same operating day 
more than one of these operating parameters meets a deviation criterion 
specified in paragraphs (e)(4)(i) through (iii) of this section, then a 
single deviation is determined to have occurred for the control device 
for that operating day.
    (i) A deviation occurs when the daily average value of a monitored 
operating parameter is less than the minimum operating parameter limit 
(or, if applicable, greater than the maximum operating parameter limit) 
established for the operating parameter in accordance with the 
requirements of paragraph (e)(3) of this section.
    (ii) A deviation occurs when the period of control device operation 
is 4 hours or greater in an operating day and the monitoring data are 
insufficient to constitute a valid hour of data for at least 75 percent 
of the operating hours. Monitoring data are insufficient to constitute a 
valid hour of data if measured values are unavailable for any of the 15-
minute periods within the hour.
    (iii) A deviation occurs when the period of control device operation 
is less than 4 hours in an operating day and more than 1 of the hours 
during the period does not constitute a valid hour of data due to 
insufficient monitoring data. Monitoring data are insufficient to 
constitute a valid hour of data if measured values are unavailable for 
any of the 15-minute periods within the hour.
    (5) For each deviation, except when the deviation occurs during 
periods of non-operation of the unit or the process that is vented to 
the control device (resulting in cessation of HAP emissions to which the 
monitoring applies), the owner or operator shall be deemed to have 
failed to have applied control in a manner that achieves the required 
operating parameter limits. Failure to achieve the required operating 
parameter limits is a violation of this standard.
    (f) Alternative inspection and monitoring interval. Following the 
initial inspection and monitoring of a piece of air pollution control 
equipment in accordance with the applicable provisions of this section, 
subsequent inspection and monitoring of the equipment may be performed 
at intervals longer than 1 year when an owner or operator determines 
that performing the required inspection or monitoring procedures would 
expose a worker to dangerous, hazardous, or otherwise unsafe conditions 
and the owner or operator complies with the requirements specified in 
paragraphs (f)(1) and (f)(2) of this section.
    (1) The owner or operator must prepare and maintain at the plant 
site written documentation identifying the specific air pollution 
control equipment designated as ``unsafe to inspect and monitor.'' The 
documentation must include for each piece of air pollution control 
equipment designated as such a written explanation of the reasons why 
the equipment is unsafe to inspect or monitor using the applicable 
procedures under this section.
    (2) The owner or operator must develop and implement a written plan 
and schedule to inspect and monitor the air pollution control equipment 
using the applicable procedures specified in this section during times 
when a worker can safely access the air pollution control equipment. The 
required inspections and monitoring must be performed as frequently as 
practicable but do not need to be performed more frequently than the 
periodic schedule that would be otherwise applicable to the air 
pollution control equipment under the provisions of this section. A

[[Page 208]]

copy of the written plan and schedule must be maintained at the plant 
site.

[64 FR 38977, July 20, 1999, as amended at 68 FR 37352, June 23, 2003; 
71 FR 20457, Apr. 20, 2006; 80 FR 14278, Mar. 18, 2015]



Sec.  63.696  Recordkeeping requirements.

    (a) The owner or operator subject to this subpart shall comply with 
the recordkeeping requirements in Sec.  63.10 under 40 CFR 63 subpart 
A--General Provisions that are applicable to this subpart as specified 
in Table 2 of this subpart.
    (b) The owner or operator of a control device subject to this 
subpart shall maintain the records in accordance with the requirements 
of 40 CFR 63.10 of this part.
    (c) [Reserved]
    (d) Each owner or operator using an internal floating roof to comply 
with the tank control requirements specified in Sec.  63.685(e) of this 
subpart or using an external floating roof to comply with the tank 
control requirements specified in Sec.  63.685(f) of this subpart shall 
prepare and maintain the following records:
    (1) Documentation describing the floating roof design and the 
dimensions of the tank.
    (2) A record for each inspection required by Sec.  63.695(b) of this 
subpart, as applicable to the tank, that includes the following 
information: a tank identification number (or other unique 
identification description as selected by the owner or operator) and the 
date of inspection.
    (3) The owner or operator shall record for each defect detected 
during inspections required by Sec.  63.695(b) of this subpart the 
following information: the location of the defect, a description of the 
defect, the date of detection, and corrective action taken to repair the 
defect. In the event that repair of the defect is delayed in accordance 
with the provisions of Sec.  63.695(b)(4) of this section, the owner or 
operator shall also record the reason for the delay and the date that 
completion of repair of the defect is expected.
    (4) Owners and operators that use a tank equipped with an external 
floating roof in accordance with the provisions of Sec.  63.685(f) of 
this subpart shall prepare and maintain records for each seal gap 
inspection required by Sec.  63.695(b) describing the results of the 
seal gap measurements. The records shall include the date of that the 
measurements are performed, the raw data obtained for the measurements, 
and the calculations of the total gap surface area. In the event that 
the seal gap measurements do not conform to the specifications in Sec.  
63.695(b) of this subpart, the records shall include a description of 
the repairs that were made, the date the repairs were made, and the date 
the separator was emptied, if necessary.
    (e) Each owner or operator using a fixed roof to comply with the 
tank control requirements specified in Sec.  63.685(g) of this subpart 
shall prepare and maintain the following records:
    (1) A record for each inspection required by Sec.  63.695(b) of this 
subpart, as applicable to the tank, that includes the following 
information: a tank identification number (or other unique 
identification description as selected by the owner or operator) and the 
date of inspection.
    (2) The owner or operator shall record for each defect detected 
during inspections required by Sec.  63.695(b) of this subpart the 
following information: the location of the defect, a description of the 
defect, the date of detection, and corrective action taken to repair the 
defect. In the event that repair of the defect is delayed in accordance 
with the provisions of Sec.  63.695(b)(4) of this section, the owner or 
operator shall also record the reason for the delay and the date that 
completion of repair of the defect is expected.
    (f) Each owner or operator using an enclosure to comply with the 
tank control requirements specified in Sec.  63.685(i) of this subpart 
shall prepare and maintain records for the most recent set of 
calculations and measurements performed by the owner or operator to 
verify that the enclosure meets the criteria of a permanent total 
enclosure as specified in ``Procedure T--Criteria for and Verification 
of a Permanent or Temporary Total Enclosure'' under 40 CFR 52.741, 
appendix B.
    (g) An owner or operator shall record, on a semiannual basis, the 
information specified in paragraphs (g)(1) and (g)(2)

[[Page 209]]

of this section for those planned routine maintenance operations that 
would require the control device not to meet the requirements of Sec.  
63.693(d) through (h) of this subpart, as applicable.
    (1) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6 
months. This description shall include the type of maintenance 
necessary, planned frequency of maintenance, and lengths of maintenance 
periods.
    (2) A description of the planned routine maintenance that was 
performed for the control device during the previous 6 months. This 
description shall include the type of maintenance performed and the 
total number of hours during these 6 months that the control device did 
not meet the requirement of Sec.  63.693 (d) through (h) of this 
subpart, as applicable, due to planned routine maintenance.
    (h) An owner or operator shall record the malfunction information 
specified in paragraphs (h)(1) through (3) of this section.
    (1) In the event that an affected unit fails to meet an applicable 
standard, record the number of failures. For each failure, record the 
date, time and duration of the failure.
    (2) For each failure to meet an applicable standard, record and 
retain a list of the affected sources or equipment, an estimate of the 
volume of each regulated pollutant emitted over any emission limit and a 
description of the method used to estimate the emissions.
    (3) Record actions taken to minimize emissions in accordance with 
Sec.  63.683(e) and any corrective actions taken to return the affected 
unit to its normal or usual manner of operation.
    (i) For pressure relief devices in off-site material service, keep 
records of the information specified in paragraphs (i)(1) through (5) of 
this section, as applicable.
    (1) A list of identification numbers for pressure relief devices 
that the owner or operator elects to route emissions through a closed-
vent system to a control device, process or drain system under the 
provisions in Sec.  63.691(c)(4).
    (2) A list of identification numbers for pressure relief devices 
that do not consist of or include a rupture disk, subject to the 
provisions in Sec.  63.691(c)(2)(i).
    (3) A list of identification numbers for pressure relief devices 
equipped with rupture disks, subject to the provisions in Sec.  
63.691(c)(2)(ii).
    (4) The dates and results of the Method 21 of 40 CFR part 60, 
appendix A, monitoring following a pressure release for each pressure 
relief device subject to the provisions in Sec.  63.691(c)(2)(i). The 
results of each monitoring event shall include:
    (i) The measured background level.
    (ii) The maximum instrument reading measured at each pressure relief 
device.
    (5) For pressure relief devices in off-site material service subject 
to Sec.  63.691(c)(3), keep records of each pressure release to the 
atmosphere, including the following information:
    (i) The source, nature, and cause of the pressure release.
    (ii) The date, time, and duration of the pressure release.
    (iii) An estimate of the quantity of HAP listed in Table 1 of this 
subpart emitted during the pressure release and the calculations used 
for determining this quantity.
    (iv) The actions taken to prevent this pressure release.
    (v) The measures adopted to prevent future such pressure releases.
    (j) (1) For pressure tank closure devices, as specified in Sec.  
63.685(h)(2), keep records of each release to the atmosphere, including 
the information specified in paragraphs (j)(3) though (7) of this 
section.
    (2) For each closed vent system that includes bypass devices that 
could divert a stream away from the control device and into the 
atmosphere, as specified in Sec.  63.693(c)(2), and each open-ended 
valve or line in an emergency shutdown system which is designed to open 
automatically in the event of a process upset, as specified in Sec.  
63.167(d) or 40 CFR 61.242-6(d), keep records of each release to the 
atmosphere, including the information specified in paragraphs (j)(3) 
though (9) of this section.
    (3) The source, nature, and cause of the release.
    (4) The date, time, and duration of the release.

[[Page 210]]

    (5) An estimate of the quantity of HAP listed in Table 1 of this 
subpart emitted during the release and the calculations used for 
determining this quantity.
    (6) The actions taken to prevent this release.
    (7) The measures adopted to prevent future such release.
    (8) Hourly records of whether the bypass flow indicator specified 
under Sec.  63.693(c)(2) was operating and whether a diversion was 
detected at any time during the hour, as well as records of the times of 
all periods when the vent stream is diverted from the control device or 
the flow indicator is not operating.
    (9) Where a seal mechanism is used to comply with Sec.  
63.693(c)(2), hourly records of flow are not required. In such cases, 
the owner or operator shall record that the monthly visual inspection of 
the seals or closure mechanism has been done, and shall record the 
duration of all periods when the seal mechanism is broken, the bypass 
line valve position has changed, or the key for a lock-and-key type lock 
has been checked out, and records of any car-seal that has broken.

[61 FR 34158, July 1, 1996, as amended at 80 FR 14279, Mar. 18, 2015]



Sec.  63.697  Reporting requirements.

    (a) Each owner or operator of an affected source subject to this 
subpart must comply with the notification requirements specified in 
paragraph (a)(1) of this section and the reporting requirements 
specified in paragraphs (a)(2) and (3) of this section.
    (1) The owner or operator of an affected source must submit notices 
to the Administrator in accordance with the applicable notification 
requirements in 40 CFR 63.9 as specified in Table 2 of this subpart. For 
the purpose of this subpart, an owner or operator subject to the initial 
notification requirements under 40 CFR 63.9(b)(2) must submit the 
required notification on or before October 19, 1999.
    (i) For pressure relief devices in off-site material service subject 
to the requirements of Sec.  63.691(c), the owner or operator must 
submit the information listed in paragraph (a)(1)(ii) of this section in 
the notification of compliance status required under Sec.  63.9(h) 
within 150 days after the first applicable compliance date for pressure 
relief device monitoring.
    (ii) For pressure relief devices in off-site material service, a 
description of the device or monitoring system to be implemented, 
including the pressure relief devices and process parameters to be 
monitored (if applicable), a description of the alarms or other methods 
by which operators will be notified of a pressure release, and a 
description of how the owner or operator will determine the information 
to be recorded under Sec.  63.696(i)(5)(ii) through (iii) (i.e., the 
duration of the pressure release and the methodology and calculations 
for determining the quantity of HAP listed in Table 1 of this subpart 
emitted during the pressure release).
    (2) The owner or operator of an affected source must submit reports 
to the Administrator in accordance with the applicable reporting 
requirements in 40 CFR 63.10 as specified in Table 2 of this subpart.
    (3) Electronic reporting. Within 60 days after the date of 
completing each performance test (as defined in Sec.  63.2) required by 
this subpart, the owner or operator must submit the results of the 
performance test according to the manner specified by either paragraph 
(a)(3)(i) or (ii) of this section.
    (i) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(http://www.epa.gov/ttn/chief/ert/index.html), the owner or operator 
must submit the results of the performance test to the EPA via the 
Compliance and Emissions Data Reporting Interface (CEDRI) accessed 
through the EPA's Central Data Exchange (CDX) (http://cdx.epa.gov/epa--
home.asp). Performance test data must be submitted in a file format 
generated through the use of the EPA's ERT. Owners or operators who 
claim that some of the performance test information being submitted is 
confidential business information (CBI) must submit a complete file 
generated through the use of the EPA's ERT, including information 
claimed to be CBI, on a compact disc, flash drive, or other commonly 
used electronic

[[Page 211]]

storage media to the EPA. The electronic media must be clearly marked as 
CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Road, 
Durham, NC 27703. The same ERT file with the CBI omitted must be 
submitted to the EPA via the EPA's CDX as described earlier in this 
paragraph (a)(3)(i).
    (ii) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT Web site, the owner or operator 
must submit the results of the performance test to the Administrator at 
the appropriate address listed in 40 CFR 60.4.
    (b) The owner or operator of a control device used to meet the 
requirements of Sec.  63.693 of this subpart shall submit the following 
notifications and reports to the Administrator:
    (1) A Notification of Performance Tests specified in Sec.  63.7 and 
Sec.  63.9(g) of this part,
    (2) Performance test reports specified in Sec.  63.10(d)(2) of this 
part, and
    (3) Reports of malfunctions. If a source fails to meet an applicable 
standard, report such events in the Periodic Report. Report the number 
of failures to meet an applicable standard. For each instance, report 
the date, time and duration of each failure. For each failure the report 
must include a list of the affected sources or equipment, an estimate of 
the volume of each regulated pollutant emitted over any emission limit, 
and a description of the method used to estimate the emissions.
    (4) A summary report specified in Sec.  63.10(e)(3) shall be 
submitted on a semiannual basis (i.e., once every 6-month period). The 
summary report must include a description of all deviations as defined 
in Sec. Sec.  63.683(f) and 63.695(e) that have occurred during the 6-
month reporting period. For each deviation caused when the daily average 
value of a monitored operating parameter is less than the minimum 
operating parameter limit (or, if applicable, greater than the maximum 
operating parameter limit), the report must include the daily average 
values of the monitored parameter, the applicable operating parameter 
limit, and the date and duration of the period that the deviation 
occurred. For each deviation caused by lack of monitoring data, the 
report must include the date and duration of period when the monitoring 
data were not collected and the reason why the data were not collected.
    (5) For pressure relief devices in off-site material service subject 
to Sec.  63.691(c), Periodic Reports must include the information 
specified in paragraphs (b)(5)(i) through (iii) of this section.
    (i) For pressure relief devices in off-site material service subject 
to Sec.  63.691(c), report the results of all monitoring conducted 
within the reporting period.
    (ii) For pressure relief devices in gas/vapor service subject to 
Sec.  63.691(c)(2)(i), report any instrument reading of 500 ppm above 
background or greater, if detected more than 5 days after the pressure 
release.
    (iii) For pressure relief devices in off-site material service 
subject to Sec.  63.691(c)(3), report each pressure release to the 
atmosphere, including the following information:
    (A) The source, nature, and cause of the pressure release.
    (B) The date, time, and duration of the pressure release.
    (C) An estimate of the quantity of HAP listed in Table 1 of this 
subpart emitted during the pressure release and the method used for 
determining this quantity.
    (D) The actions taken to prevent this pressure release.
    (E) The measures adopted to prevent future such pressure releases.
    (6) Pressure tank closure device or bypass deviation report. The 
owner or operator must submit to the Administrator the information 
specified in paragraph (b)(6)(iv) of this section when any of the 
conditions in paragraphs (b)(6)(i) through (iii) of this section are 
met.
    (i) Any pressure tank closure device, as specified in Sec.  
63.685(h)(2), has released to the atmosphere.
    (ii) Any closed vent system that includes bypass devices that could 
divert a vent a stream away from the control device and into the 
atmosphere, as specified in Sec.  63.693(c)(2), has released directly to 
the atmosphere.

[[Page 212]]

    (iii) Any open-ended valve or line in an emergency shutdown system 
which is designed to open automatically in the event of a process upset, 
as specified in Sec.  63.167(d) or 40 CFR 61.242-6(d), has released 
directly to the atmosphere.
    (iv) The pressure tank closure device or bypass deviation report 
must include the information specified in paragraphs (b)(6)(iv)(A) 
through (E) of this section.
    (A) The source, nature and cause of the release.
    (B) The date, time and duration of the discharge.
    (C) An estimate of the quantity of HAP listed in Table 1 of this 
subpart emitted during the release and the method used for determining 
this quantity.
    (D) The actions taken to prevent this release.
    (E) The measures adopted to prevent future such releases.
    (c) Each owner or operator using an internal floating roof or 
external floating roof to comply with the Tank Level 2 control 
requirements specified in Sec.  63.685(d) of this subpart shall notify 
the Administrator in advance of each inspection required under Sec.  
63.695(b) of this subpart to provide the Administrator with the 
opportunity to have an observer present during the inspection. The owner 
or operator shall notify the Administrator of the date and location of 
the inspection as follows:
    (1) Prior to each inspection to measure external floating roof seal 
gaps as required under Sec.  63.695(b) of this subpart, written 
notification shall be prepared and sent by the owner or operator so that 
it is received by the Administrator at least 30 calendar days before the 
date the measurements are scheduled to be performed.
    (2) Prior to each visual inspection of an internal floating roof or 
external floating roof in a tank that has been emptied and degassed, 
written notification shall be prepared and sent by the owner or operator 
so that it is received by the Administrator at least 30 calendar days 
before refilling the tank except when an inspection is not planned as 
provided for in paragraph (c)(3) of this section.
    (3) When a visual inspection is not planned and the owner or 
operator could not have known about the inspection 30 calendar days 
before refilling the tank, the owner or operator shall notify the 
Administrator as soon as possible, but no later than 7 calendar days 
before refilling of the tank. This notification may be made by telephone 
and immediately followed by a written explanation for why the inspection 
is unplanned. Alternatively, written notification, including the 
explanation for the unplanned inspection, may be sent so that it is 
received by the Administrator at least 7 calendar days before refilling 
the tank.

[61 FR 34158, July 1, 1996, as amended at 64 FR 38981, July 20, 1999; 80 
FR 14279, Mar. 18, 2015]



Sec.  63.698  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, or 
a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (5) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.680, 63.683 through 63.691, and 63.693. Where these standards 
reference another subpart, the cited provisions will be delegated 
according to the delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and

[[Page 213]]

(f), as defined in Sec.  63.90, and as required in this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in this 
subpart.
    (5) Approval of alternatives to the electronic reporting 
requirements in Sec.  63.697(a)(3).

[68 FR 37352, June 23, 2003, as amended at 80 FR 14280, Mar. 18, 2015]



Sec. Table 1 to Subpart DD of Part 63--List of Hazardous Air Pollutants 
                          (HAP) for Subpart DD

----------------------------------------------------------------------------------------------------------------
                  CAS No. \a\                                      Chemical name                       fm 305
----------------------------------------------------------------------------------------------------------------
75-07-0........................................  Acetaldehyde.....................................        1.000
75-05-8........................................  Acetonitrile.....................................        0.989
98-86-2........................................  Acetophenone.....................................        0.314
107-02-8.......................................  Acrolein.........................................        1.000
107-13-1.......................................  Acrylonitrile....................................        0.999
107-05-1.......................................  Allyl chloride...................................        1.000
71-43-2........................................  Benzene (includes benzene in gasoline)...........        1.000
98-07-7........................................  Benzotrichloride (isomers and mixture)...........        0.958
100-44-7.......................................  Benzyl chloride..................................        1.000
92-52-4........................................  Biphenyl.........................................        0.864
542-88-1.......................................  Bis(chloromethyl)ether \b\.......................        0.999
75-25-2........................................  Bromoform........................................        0.998
106-99-0.......................................  1,3-Butadiene....................................        1.000
75-15-0........................................  Carbon disulfide.................................        1.000
56-23-5........................................  Carbon tetrachloride.............................        1.000
43-58-1........................................  Carbonyl sulfide.................................        1.000
133-90-4.......................................  Chloramben.......................................        0.633
108-90-7.......................................  Chlorobenzene....................................        1.000
67-66-3........................................  Chloroform.......................................        1.000
107-30-2.......................................  Chloromethyl methyl ether \b\....................        1.000
126-99-8.......................................  Chloroprene......................................        1.000
98-82-8........................................  Cumene...........................................        1.000
94-75-7........................................  2,4-D, salts and esters..........................        0.167
334-88-3.......................................  Diazomethane \c\.................................        0.999
132-64-9.......................................  Dibenzofurans....................................        0.967
96-12-8........................................  1,2-Dibromo-3-chloropropane......................        1.000
106-46-7.......................................  1,4-Dichlorobenzene(p)...........................        1.000
107-06-2.......................................  Dichloroethane (Ethylene dichloride).............        1.000
111-44-4.......................................  Dichloroethyl ether (Bis(2-chloroethyl ether)....        0.757
542-75-6.......................................  1,3-Dichloropropene..............................        1.000
79-44-7........................................  Dimethyl carbamoyl chloride \c\..................        0.150
64-67-5........................................  Diethyl sulfate..................................        0.0025
77-78-1........................................  Dimethyl sulfate.................................        0.086
121-69-7.......................................  N,N-Dimethylaniline..............................        0.0008
51-28-5........................................  2,4-Dinitrophenol................................        0.0077
121-14-2.......................................  2,4-Dinitrotoluene...............................        0.0848
123-91-1.......................................  1,4-Dioxane (1,4-Diethyleneoxide)................        0.869
106-89-8.......................................  Epichlorohydrin (1-Chloro-2,3-epoxypropane)......        0.939
106-88-7.......................................  1,2-Epoxybutane..................................        1.000
140-88-5.......................................  Ethyl acrylate...................................        1.000
100-41-4.......................................  Ethyl benzene....................................        1.000
75-00-3........................................  Ethyl chloride (Chloroethane)....................        1.000
106-93-4.......................................  Ethylene dibromide (Dibromoethane)...............        0.999
107-06-2.......................................  Ethylene dichloride (1,2-Dichloroethane).........        1.000
151-56-4.......................................  Ethylene imine (Aziridine).......................        0.867
75-21-8........................................  Ethylene oxide...................................        1.000
75-34-3........................................  Ethylidene dichloride (1,1-Dichloroethane).......        1.000
                                                 Glycol ethers \d\ that have a Henry's Law              (e)
                                                  constant value equal to or greater than 0.1 Y/X
                                                  (1.8 x 10-6 atm/gm-mole/m\3\) at 25C.
118-74-1.......................................  Hexachlorobenzene................................        0.97
87-68-3........................................  Hexachlorobutadiene..............................        0.88
67-72-1........................................  Hexachloroethane.................................        0.499
110-54-3.......................................  Hexane...........................................        1.000
78-59-1........................................  Isophorone.......................................        0.506
58-89-9........................................  Lindane (all isomers)............................        1.000
67-56-1........................................  Methanol.........................................        0.855
74-83-9........................................  Methyl bromide (Bromomethane)....................        1.000
74-87-3........................................  Methyl chloride (Choromethane)...................        1.000
71-55-6........................................  Methyl chloroform (1,1,1-Trichloroethane)........        1.000

[[Page 214]]

 
78-93-3........................................  Methyl ethyl ketone (2-Butanone).................        0.990
74-88-4........................................  Methyl iodide (Iodomethane)......................        1.0001
108-10-1.......................................  Methyl isobutyl ketone (Hexone)..................        0.9796
624-83-9.......................................  Methyl isocyanate................................        1.000
80-62-6........................................  Methyl methacrylate..............................        0.916
1634-04-4......................................  Methyl tert butyl ether..........................        1.000
75-09-2........................................  Methylene chloride (Dichloromethane).............        1.000
91-20-3........................................  Naphthalene......................................        0.994
98-95-3........................................  Nitrobenzene.....................................        0.394
79-46-9........................................  2-Nitropropane...................................        0.989
82-68-8........................................  Pentachloronitrobenzene (Quintobenzene)..........        0.839
87-86-5........................................  Pentachlorophenol................................        0.0898
75-44-5........................................  Phosgene \c\.....................................        1.000
123-38-6.......................................  Propionaldehyde..................................        0.999
78-87-5........................................  Propylene dichloride (1,2-Dichloropropane).......        1.000
75-56-9........................................  Propylene oxide..................................        1.000
75-55-8........................................  1,2-Propylenimine (2-Methyl aziridine)...........        0.945
100-42-5.......................................  Styrene..........................................        1.000
96-09-3........................................  Styrene oxide....................................        0.830
79-34-5........................................  1,1,2,2-Tetrachloroethane........................        0.999
127-18-4.......................................  Tetrachloroethylene (Perchloroethylene)..........        1.000
108-88-3.......................................  Toluene..........................................        1.000
95-53-4........................................  o-Toluidine......................................        0.152
120-82-1.......................................  1,2,4-Trichlorobenzene...........................        1.000
71-55-6........................................  1,1,1-Trichloroethane (Methyl chlorform).........        1.000
79-00-5........................................  1,1,2-Trichloroethane (Vinyl trichloride)........        1.000
79-01-6........................................  Trichloroethylene................................        1.000
95-95-4........................................  2,4,5-Trichlorophenol............................        0.108
88-06-2........................................  2,4,6-Trichlorophenol............................        0.132
121-44-8.......................................  Triethylamine....................................        1.000
540-84-1.......................................  2,2,4-Trimethylpentane...........................        1.000
108-05-4.......................................  Vinyl acetate....................................        1.000
593-60-2.......................................  Vinyl bromide....................................        1.000
75-01-4........................................  Vinyl chloride...................................        1.000
75-35-4........................................  Vinylidene chloride (1,1-Dichloroethylene).......        1.000
1330-20-7......................................  Xylenes (isomers and mixture)....................        1.000
95-47-6........................................  o-Xylenes........................................        1.000
108-38-3.......................................  m-Xylenes........................................        1.000
106-42-3.......................................  p-Xylenes........................................        1.000
----------------------------------------------------------------------------------------------------------------
Notes:
fm 305 = Method 305 fraction measure factor.
a. CAS numbers refer to the Chemical Abstracts Services registry number assigned to specific compounds, isomers,
  or mixtures of compounds.
b. Denotes a HAP that hydrolyzes quickly in water, but the hydrolysis products are also HAP chemicals.
c. Denotes a HAP that may react violently with water, exercise caustic is an expected analyte.
d. Denotes a HAP that hydrolyzes slowly in water.
e. The fm 305 factors for some of the more common glycol ethers can be obtained by contacting the Waste and
  Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711.


[64 FR 38981, July 20, 1999]



 Sec. Table 2 to Subpart DD of Part 63--Applicability of Paragraphs in 
       Subpart A of This Part 63--General Provisions to Subpart DD

------------------------------------------------------------------------
                                    Applies to
      Subpart A reference           Subpart DD          Explanation
------------------------------------------------------------------------
63.1(a)(1)....................  Yes                .....................
63.1(a)(2)....................  Yes                .....................
63.1(a)(3)....................  Yes                .....................
63.1(a)(4)....................  No                 Subpart DD (this
                                                    table) specifies
                                                    applicability of
                                                    each paragraph in
                                                    subpart A to subpart
                                                    DD.
63.1(a)(5)-63.1(a)(9).........  No                 .....................
63.1(a)(10)...................  Yes                .....................
63.1(a)(11)...................  Yes                .....................
63.1(a)(12)...................  Yes                .....................
63.1(b)(1)....................  No                 Subpart DD specifies
                                                    its own
                                                    applicability.
63.1(b)(2)....................  No...............  Reserved.
63.1(b)(3)....................  No                 .....................
63.1(c)(1)....................  No                 Subpart DD explicitly
                                                    specifies
                                                    requirements that
                                                    apply.
63.1(c)(2)....................  No                 Area sources are not
                                                    subject to subpart
                                                    DD.
63.1(c)(3)....................  No...............  Reserved.
63.1(c)(4)....................  No...............  Reserved.
63.1(c)(5)....................  Yes                Except that sources
                                                    are not required to
                                                    submit notifications
                                                    overridden by this
                                                    table.

[[Page 215]]

 
63.1(d).......................  No                 .....................
63.1(e).......................  No                 .....................
63.2..........................  Yes                Sec.   63.681 of
                                                    subpart DD specifies
                                                    that if the same
                                                    term is defined in
                                                    subparts A and DD,
                                                    it shall have the
                                                    meaning given in
                                                    subpart DD.
63.3..........................  Yes                .....................
63.4(a)(1)-63.4(a)(2).........  Yes
63.4(a)(3)....................  No...............  Reserved.
63.4(a)(4)....................  No...............  Reserved.
63.4(a)(5)....................  No...............  Reserved.
63.4(b).......................  Yes
63.4(c).......................  Yes
63.5(a)(1)....................  Yes
63.5(a)(2)....................  Yes
63.5(b)(1)....................  Yes
63.5(b)(2)....................  No                 Reserved.
63.5(b)(3)....................  Yes
63.5(b)(4)....................  Yes                Except the cross-
                                                    reference to Sec.
                                                    63.9(b) is changed
                                                    to Sec.   63.9(b)(4)
                                                    and (5). Subpart DD
                                                    overrides Sec.
                                                    63.9(b)(2) and
                                                    (b)(3).
63.5(b)(5)....................  No...............  Reserved.
63.5(b)(6)....................  Yes
63.5(c).......................  No                 Reserved.
63.5(d)(1)(i).................  Yes
63.5(d)(1)(ii)................  Yes
63.5(d)(1)(iii)...............  Yes
63.5(d)(2)....................  No
63.5(d)(3)....................  Yes
63.5(d)(4)....................  Yes
63.5(e).......................  Yes
63.5(f)(1)....................  Yes
63.5(f)(2)....................  Yes
63.6(a).......................  Yes
63.6(b)(1)....................  No                 Subpart DD specifies
                                                    compliance dates for
                                                    sources subject to
                                                    subpart DD.
63.6(b)(2)....................  No
63.6(b)(3)....................  No...............
63.6(b)(4)....................  No...............
63.6(b)(5)....................  No...............  Sec.   63.697 of
                                                    subpart DD includes
                                                    notification
                                                    requirements.
63.6(b)(6)....................  No
63.6(b)(7)....................  No
63.6(c)(1)....................  No                 Sec.   63.680 of
                                                    subpart DD specifies
                                                    the compliance date.
63.6(c)(2)-63.6(c)(4).........  No
63.6(c)(5)....................  Yes
63.6(d).......................  No
63.6(e)(1)(i).................  No...............  See Sec.   63.683(e)
                                                    for general duty
                                                    requirement.
63.6(e)(1)(ii)................  No
63.6(e)(1)(iii)...............  Yes
63.6(e)(2)....................  No...............  Reserved.
63.6(e)(3)....................  No
63.6(f)(1)....................  No
63.6(f)(2)(i).................  Yes
63.6(f)(2)(ii)................  Yes                Subpart DD specifies
                                                    the use of
                                                    monitoring data in
                                                    determining
                                                    compliance with
                                                    subpart DD.
63.6(f)(2)(iii) (A), (B), and   Yes
 (C).
63.6(f)(2)(iii) (D)...........  No
63.6(f)(2)(iv)................  Yes
63.6(f)(2)(v).................  Yes
63.6(f)(3)....................  Yes
63.6(g).......................  Yes
63.6(h).......................  No                 Subpart DD does not
                                                    require opacity and
                                                    visible emission
                                                    standards.
63.6(i).......................  Yes                Except for Sec.
                                                    63.6(i)(15), which
                                                    is reserved.
63.6(j).......................  Yes
63.7(a)(1)....................  No                 Subpart DD specifies
                                                    required testing and
                                                    compliance
                                                    demonstration
                                                    procedures.
63.7(a)(2)....................  Yes
63.7(a)(3)....................  Yes
63.7(a)(4)....................  Yes
63.7(b).......................  Yes
63.7(c).......................  Yes
63.7(d).......................  Yes
63.7(e)(1)....................  No...............  See Sec.   63.694(l).
63.7(e)(2)....................  Yes

[[Page 216]]

 
63.7(e)(3)....................  No                 Subpart DD specifies
                                                    test methods and
                                                    procedures.
63.7(e)(4)....................  Yes
63.7(f).......................  Yes
63.7(g).......................  Yes
63.7(h)(1)....................  Yes
63.7(h)(2)....................  Yes
63.7(h)(3)....................  Yes
63.7(h)(4)....................  No
63.7(h)(5)....................  Yes
63.8(a).......................  No
63.8(b)(1)....................  Yes
63.8(b)(2)....................  No                 Subpart DD specifies
                                                    locations to conduct
                                                    monitoring.
63.8(b)(3)....................  Yes
63.8(c)(1)(i).................  Yes
63.8(c)(1)(ii)................  Yes
63.8(c)(1)(iii)...............  No
63.8(c)(2)....................  Yes
63.8(c)(3)....................  Yes
63.8(c)(4)....................  No                 Subpart DD specifies
                                                    monitoring frequency
63.8(c)(5)-63.8(c)(8).........  No
63.8(d).......................  No
63.8(e).......................  No
63.8(f)(1)....................  Yes
63.8(f)(2)....................  Yes
63.8(f)(3)....................  Yes
63.8(f)(4)(i).................  Yes
63.8(f)(4)(ii)................  Yes
63.8(f)(4)(iii)...............  No
63.8(f)(5)(i).................  Yes
63.8(f)(5)(ii)................  No
63.8(f)(5)(iii)...............  Yes
63.8(f)(6)....................  Yes
63.8(g).......................  Yes
63.9(a).......................  Yes
63.9(b)(1)(i).................  Yes
63.9(b)(1)(ii)................  No
63.9(b)(2)....................  Yes
63.9(b)(3)....................  No
63.9(b)(4)....................  Yes
63.9(b)(5)....................  Yes
63.9(c).......................  Yes
63.9(d).......................  Yes
63.9(e).......................  Yes
63.9(f).......................  No
63.9(g).......................  Yes
63.9(h).......................  Yes
63.9(i).......................  Yes
63.9(j).......................  No
63.10(a)......................  Yes
63.10(b)(1)...................  Yes
63.10(b)(2)(i)................  No
63.10(b)(2)(ii)...............  No...............  See Sec.   63.696(h)
                                                    for recordkeeping of
                                                    (1) date, time and
                                                    duration; (2)
                                                    listing of affected
                                                    source or equipment,
                                                    and an estimate of
                                                    the volume of each
                                                    regulated pollutant
                                                    emitted over the
                                                    standard; and (3)
                                                    actions to minimize
                                                    emissions and
                                                    correct the failure.
63.10(b)(2)(iii)..............  Yes
63.10(b)(2)(iv)...............  No
63.10(b)(2)(v)................  No
63.10(b)(2)(vi)-(ix)..........  Yes
63.10(b)(2)(x)-(xi)...........  Yes
63.10(b)(2) (xii)-(xiv).......  No
63.10(b)(3)...................  Yes
63.10(c)(1)-(6)...............  No
63.10(c)(7)-(8)...............  Yes
63.10(c)(9)-(15)..............  No
63.10(d)(1)...................  No
63.10(d)(2)...................  Yes
63.10(d)(3)...................  No
63.10(d)(4)...................  Yes
63.10(d)(5)...................  No...............  See Sec.
                                                    63.697(b)(3) for
                                                    reporting of
                                                    malfunctions.
63.10(e)(1)-63.10(e)(2).......  No
63.10(e)(3)...................  Yes
63.10(e)(4)...................  No

[[Page 217]]

 
63.10(f)......................  Yes
63.11-63.15...................  Yes
63.16.........................  No
------------------------------------------------------------------------
\a\ Wherever subpart A specifies ``postmark'' dates, submittals may be
  sent by methods other than the U.S. Mail (e.g., by fax or courier).
  Submittals shall be sent by the specified dates, but a postmark is not
  required.


[64 FR 38983, July 20, 1999, as amended at 66 FR 1267, Jan. 8, 2001; 80 
FR 14280, Mar. 18, 2015]



Sec. Table 3 to Subpart DD of Part 63--Tank Control Levels for Tanks at 
      Existing Affected Sources as Required by 40 CFR 63.685(b)(1)

------------------------------------------------------------------------
                                Maximum HAP vapor
 Tank design capacity (cubic  pressure of off-site
           meters)             material managed in   Tank control level
                               tank (kilopascals)
------------------------------------------------------------------------
Design capacity less than 75  Maximum HAP vapor     Level 1.
 m\3\.                         pressure less than
                               76.6 kPa.
Design capacity less than 75  Maximum HAP vapor     Level 2, except that
 m\3\.                         pressure equal to     fixed roof tanks
                               or greater than       equipped with an
                               76.6 kPa.             internal floating
                                                     roof and tanks
                                                     equipped with an
                                                     external floating
                                                     roof as provided
                                                     for in Sec.
                                                     63.685(d)(1) and
                                                     (2) shall not be
                                                     used.
Design capacity equal to or   Maximum HAP vapor     Level 1.
 greater than 75 m\3\ and      pressure less than
 less than 151 m\3\.           27.6 kPa.
                              Maximum HAP vapor     Level 2.
                               pressure equal to
                               or greater than
                               27.6 kPa.
Design capacity equal to or   Maximum HAP vapor     Level 1.
 greater than 151 m\3\.        pressure less than
                               5.2 kPa.
                              Maximum HAP vapor     Level 2.
                               pressure equal to
                               or greater than 5.2
                               kPa.
------------------------------------------------------------------------


[80 FR 14282, Mar. 18, 2015]



Sec. Table 4 to Subpart DD of Part 63--Tank Control Levels for Tanks at 
    Existing Affected Sources as Required by 40 CFR 63.685(b)(1)(ii)

------------------------------------------------------------------------
                                Maximum HAP vapor
 Tank design capacity (cubic  pressure of off-site
           meters)             material managed in   Tank control level
                               tank (kilopascals)
------------------------------------------------------------------------
Design capacity less than 75  Maximum HAP vapor     Level 1.
 m\3\.                         pressure less than
                               76.6 kPa.
Design capacity less than 75  Maximum HAP vapor     Level 2, except that
 m\3\.                         pressure equal to     fixed roof tanks
                               or greater than       equipped with an
                               76.6 kPa.             internal floating
                                                     roof and tanks
                                                     equipped with an
                                                     external floating
                                                     roof as provided
                                                     for in Sec.
                                                     63.685(d)(1) and
                                                     (2) shall not be
                                                     used.
Design capacity equal to or   Maximum HAP vapor     Level 1.
 greater than 75 m\3\ and      pressure less than
 less than 151 m\3\.           13.1 kPa.
                              Maximum HAP vapor     Level 2.
                               pressure equal to
                               or greater than
                               13.1 kPa.
Design capacity equal to or   Maximum HAP vapor     Level 1.
 greater than 151 m\3\.        pressure less than
                               5.2 kPa.
                              Maximum HAP vapor     Level 2.
                               pressure equal to
                               or greater than 5.2
                               kPa.
------------------------------------------------------------------------


[80 FR 14283, Mar. 18, 2015]



Sec. Table 5 to Subpart DD of Part 63--Tank Control Levels for Tanks at 
         New Affected Sources as Required by 40 CFR 63.685(b)(2)

------------------------------------------------------------------------
                                Maximum HAP vapor
 Tank design capacity (cubic  pressure of off-site
           meters)             material managed in   Tank control level
                               tank (kilopascals)
------------------------------------------------------------------------
Design capacity less than 38  Maximum HAP vapor     Level 1.
 m\3\.                         pressure less than
                               76.6 kPa.

[[Page 218]]

 
Design capacity less than 38  Maximum HAP vapor     Level 2, except that
 m\3\.                         pressure equal to     fixed roof tanks
                               or greater than       equipped with an
                               76.6 kPa.             internal floating
                                                     roof and tanks
                                                     equipped with an
                                                     external floating
                                                     roof as provided
                                                     for in Sec.
                                                     63.685(d)(1) and
                                                     (2) shall not be
                                                     used.
Design capacity equal to or   Maximum HAP vapor     Level 1.
 greater than 38 m\3\ and      pressure less than
 less than 151 m\3\.           13.1 kPa.
                              Maximum HAP vapor     Level 2.
                               pressure equal to
                               or greater than
                               13.1 kPa.
Design capacity equal to or   Maximum HAP vapor     Level 1.
 greater than 151 m\3\.        pressure less than
                               0.7 kPa.
                              Maximum HAP vapor     Level 2.
                               pressure equal to
                               or greater than 0.7
                               kPa.
------------------------------------------------------------------------


[80 FR 14283, Mar. 18, 2015]



 Subpart EE_National Emission Standards for Magnetic Tape Manufacturing 
                               Operations

    Source: 59 FR 64596, Dec. 15, 1994, unless otherwise noted.



Sec.  63.701  Applicability.

    (a) Except as specified in paragraph (b) of this section, the 
provisions of this subpart apply to:
    (1) Each new and existing magnetic tape manufacturing operation 
located at a major source of hazardous air pollutant (HAP) emissions; 
and
    (2) A magnetic tape manufacturing operation for which the owner or 
operator chooses to use the provisions of Sec.  63.703(b) and (h) to 
obtain a Federally enforceable limit on its potential to emit HAP.

    Explanatory Note: A reason the owner or operator would make the 
choice described in paragraph (a)(2) of this section is if the plant 
site, without this limit, would be a major source. The owner or operator 
could use this limit, which would establish the potential to emit from 
magnetic tape manufacturing operations, in conjunction with the 
potential to emit from the other HAP emission points at the stationary 
source, to be an area source. Note, however, that an owner or operator 
is not required to use the provisions in Sec.  63.703(b) and (h) to 
determine the potential to emit HAP from magnetic tape manufacturing 
operations.

    (b) This subpart does not apply to the following:
    (1) Research or laboratory facilities; and
    (2) Any coating operation that produces a quantity of magnetic tape 
that is 1 percent or less of total production (in terms of total square 
footage coated) from that coating operation in any 12-month period.
    (c) The affected source subject to this standard is the magnetic 
tape manufacturing operation, as defined in Sec.  63.702.
    (d) An owner or operator of an existing affected source subject to 
the provisions of this subpart shall comply according to the following 
schedule:
    (1) Within 3 years after the effective date of the standard, if the 
owner or operator is required to install a new add-on air pollution 
control device to meet the requirements of Sec.  63.703(c) or (g); or
    (2) Within 2 years after the effective date of the standard, if a 
new add-on air pollution control device is not needed to comply with 
Sec.  63.703(c) or (g) of these standards.
    (e) The compliance date for an owner or operator of a new affected 
source subject to the provisions of this subpart is immediately upon 
startup of the affected source.
    (f) The provisions of this subpart apply during periods of startup 
and shutdown, and whenever magnetic tape manufacturing operations are 
taking place.
    (g) Owners or operators of affected sources subject to the 
provisions of this subpart shall also comply with the requirements of 
subpart A as identified in Table 1, according to the applicability of 
subpart A to such sources.

[[Page 219]]

    (h) In any title V permit for an affected source, all research or 
laboratory facilities that are exempt from the requirements of this 
subpart shall be clearly identified.



Sec.  63.702  Definitions.

    (a) All terms used in this subpart that are not defined below have 
the meaning given to them in the Clean Air Act and in subpart A of this 
part.
    Add-on air pollution control device means equipment installed at the 
end of a process vent exhaust stack or stacks that reduces the quantity 
of a pollutant that is emitted to the air. The device may destroy or 
secure the pollutant for subsequent recovery. Examples are incinerators, 
condensers, carbon adsorbers, and biofiltration units. Transfer 
equipment and ductwork are not considered in and of themselves add-on 
air pollution control devices.
    Bag slitter means a device for enclosed transfer of particulates. A 
bag of raw materials is placed in a hopper, the hopper is closed, and an 
internal mechanism slits the bag, releasing the particulates into either 
a closed conveyor that feeds the mix preparation equipment or into the 
mix preparation equipment itself.
    Base substrate means the surface, such as plastic or paper, to which 
a coating is applied.
    Capture efficiency means the fraction of all organic vapors or other 
pollutants generated by a process that are directed to an add-on air 
pollution control device.
    Capture device means a hood, enclosed room, or other means of 
collecting HAP vapors or other pollutants into a duct that exhausts to 
an add-on air pollution control device.
    Carbon adsorber vessel means one vessel in a series of vessels in a 
carbon adsorption system that contains carbon and is used to remove 
gaseous pollutants from a gaseous emission source.
    Car seal means a seal that is placed on a device that is used either 
to open a closed valve or close an opened valve so that the position of 
the valve cannot be changed without breaking the seal.
    Closed system for flushing fixed lines means a system in which the 
line to be flushed is disconnected from its original position and 
connected to two closed containers, one that contains cleaning solvent 
and one that is empty. Solvent is flushed from the container with 
cleaning solvent, through the line, and into the empty containers.
    Coater or coating applicator means the apparatus used to apply a 
coating to a continuous base substrate.
    Coating application means the process by which the coating mix is 
applied to the base substrate.
    Coating operation means any coater, flashoff area, and drying oven 
located between a base substrate unwind station and a base substrate 
rewind station that coats a continuous base substrate.
    Control device efficiency means the ratio of the emissions collected 
or destroyed by an add-on air pollution control device to the total 
emissions that are introduced to the control device, expressed as a 
percentage.
    Day means a 24-consecutive-hour period.
    Drying oven means a chamber that uses heat to bake, cure, 
polymerize, or dry a surface coating; if the coating contains volatile 
solvents, the volatile portion is evaporated in the oven.
    Enclosed transfer method means a particulate HAP transfer method 
that uses an enclosed system to prevent particulate HAP from entering 
the atmosphere as dust. Equipment used for this purpose may include 
vacuum injection systems or other mechanical transfer systems, bag 
slitters, or supersacks.
    Equivalent diameter means four times the area of an opening divided 
by its perimeter.
    Facility means all contiguous or adjoining property that is under 
common ownership or control in which magnetic tape manufacturing is 
performed. The definition includes properties that are separated only by 
a road or other public right-of-way.
    Flashoff area means the portion of a coating operation between the 
coater and the drying oven where solvent begins to evaporate from the 
coated base substrate.
    Flushing of fixed lines means the flushing of solvent through lines 
that are typically fixed and are not associated with the cleaning of a 
tank, such

[[Page 220]]

as the line from the mix room to the coater.
    Freeboard ratio means the vertical distance from the surface of the 
liquid to the top of the sink or tank (freeboard height) divided by the 
smaller of the length or width of the sink or tank evaporative area.
    Magnetic coatings means coatings applied to base substrates to make 
magnetic tape. Components of magnetic coatings may include: Magnetic 
particles, binders, dispersants, conductive pigments, lubricants, 
solvents, and other additives.
    Magnetic particles means particles in the coating mix that have 
magnetic properties. Examples of magnetic particles used in magnetic 
tape manufacturing are: y-oxide, doped iron oxides, chromium dioxide, 
barium ferrite, and metallic particles that usually consist of elemental 
iron, cobalt, and/or nickel.
    Magnetic tape means any flexible base substrate that is covered on 
one or both sides with a coating containing magnetic particles and that 
is used for audio recording, video recording, or any type of information 
storage.
    Magnetic tape manufacturing operation means all of the emission 
points within a magnetic tape manufacturing facility that are 
specifically associated with the manufacture of magnetic tape. These 
include, but are not limited to:
    (1) Solvent storage tanks;
    (2) Mix preparation equipment;
    (3) Coating operations;
    (4) Waste handling devices;
    (5) Particulate transfer operations;
    (6) Wash sinks for cleaning removable parts;
    (7) Cleaning involving the flushing of fixed lines;
    (8) Wastewater treatment systems; and
    (9) Condenser vents associated with distillation and stripping 
columns in the solvent recovery area, but not including the vent on a 
condenser that is used as the add-on air pollution control device.
    Mill means the pressurized equipment that uses the dispersing action 
of beads, combined with the high shearing forces of the centrifugal 
mixing action, to disperse the aggregates of magnetic particles 
thoroughly without reducing particle size.
    Mix preparation equipment means the vessels, except for mills, used 
to prepare the magnetic coating.
    Natural draft opening means any opening in a room, building, or 
total enclosure that remains open during operation of the facility and 
that is not connected to a duct in which a fan is installed. The rate 
and direction of the natural draft through such an opening is a 
consequence of the difference in pressures on either side of the wall 
containing the opening.
    Nonregenerative carbon adsorber means a carbon adsorber vessel in 
which the spent carbon bed does not undergo carbon regeneration in the 
adsorption vessel.
    Operating parameter value means a minimum or maximum value 
established for a control device or process parameter that, if achieved 
by itself or in combination with one or more other operating parameter 
values, determines that an owner or operator has complied with an 
applicable emission limitation or standard.
    Overall HAP control efficiency means the total efficiency of the 
control system, determined by the product of the capture efficiency and 
the control device efficiency.
    Particulate means any material, except uncombined water, that exists 
as liquid or solid particles such as dust, smoke, mist, or fumes at 
standard conditions (760 millimeters of mercury, 0 degrees celsius).
    Particulate HAP transfer means the introduction of a particulate HAP 
into other dry ingredients or a liquid solution.
    Removable parts cleaning means cleaning of parts that have been 
moved from their normal position to a wash tank or sink containing 
solvent for the purpose of cleaning.
    Research or laboratory facility means any stationary source whose 
primary purpose is to conduct research and development to develop new 
processes and products, where such source is operated under the close 
supervision of technically trained personnel and is not engaged in the 
manufacture of products for commercial sale in commerce, except in a de 
minimis manner.

[[Page 221]]

    Separator means a device in the wastewater treatment system in which 
immiscible solvent is physically separated from the water with which it 
is mixed.
    Solvent storage tanks means the stationary tanks that are associated 
with magnetic tape operations and that store virgin solvent, spent 
solvent, cleaning solvent, solvent at any stage of the solvent recovery 
process, or any volatile compound. They do not serve a process function.
    Solvent recovery area means the collection of devices used to remove 
HAP emissions from process air, to recover the HAP, and to purify the 
HAP. Typically, this area contains a control device such as a carbon 
adsorber or condenser, the wastewater treatment system, and the 
distillation columns.
    Solvent recovery device means, for the purposes of this subpart, an 
add-on air pollution control device in which HAP is captured rather than 
destroyed. Examples include carbon adsorption systems and condensers.
    Supersack means a container of particulate from the manufacturer or 
supplier with attached feed tubes and that is used to transfer 
particulate under the following conditions: the feed tubes are attached 
directly to the mix preparation equipment, the attachment interface is 
sealed, and all openings on the mix transfer equipment are closed to the 
atmosphere.
    Temporary total enclosure means a total enclosure that is 
constructed for the sole purpose of measuring the fugitive emissions 
from an affected source. A temporary total enclosure must be constructed 
and ventilated (through stacks suitable for testing) so that it has 
minimal impact on the performance of the permanent capture system. A 
temporary total enclosure will be assumed to achieve total capture of 
fugitive emissions if it conforms to the requirements found in Sec.  
63.705(c)(4)(i) and if all natural draft openings are at least four duct 
or hood equivalent diameters away from each exhaust duct or hood. 
Alternatively, the owner or operator may apply to the Administrator for 
approval of a temporary enclosure on a case-by-case basis.
    Total enclosure means a structure that is constructed around a 
gaseous emission source so that all gaseous pollutants emitted from the 
source are collected and ducted through a control device, such that 100 
percent capture efficiency is achieved. There are no fugitive emissions 
from a total enclosure. The only openings in a total enclosure are 
forced makeup air and exhaust ducts and any natural draft openings such 
as those that allow raw materials to enter and exit the enclosure for 
processing. All access doors or windows are closed during routine 
operation of the enclosed source. Brief, occasional openings of such 
doors or windows to accommodate process equipment adjustments are 
acceptable, but if such openings are routine or if an access door 
remains open during the entire operation, the access door must be 
considered a natural draft opening. The average inward face velocity 
across the natural draft openings of the enclosure must be calculated 
including the area of such access doors. The drying oven itself may be 
part of the total enclosure. A permanent enclosure that meets the 
requirements found in Sec.  63.705(c)(4)(i) is a total enclosure.
    Utilize means the use of HAP that is delivered to mix preparation 
equipment for the purpose of formulating coatings, the use of any other 
HAP (e.g., dilution solvent) that is added at any point in the 
manufacturing process, and the use of any HAP for cleaning activities. 
Alternatively, annual HAP utilization can be determined as net usage; 
that is, the HAP inventory at the beginning of a 12-month period, plus 
the amount of HAP purchased during the 12-month period, minus the amount 
of HAP in inventory at the end of a 12-month period.
    Vacuum injection system means a system in which a vacuum draws 
particulate from a storage container into a closed system that transfers 
particulates into the mix preparation equipment.
    Volatile organic compound (VOC) means any organic compound that 
participates in atmospheric photochemical reactions or that is measured 
by EPA Test Methods 18, 24, or 25A in appendix A of part 60 or an 
alternative test method as defined in Sec.  63.2.

[[Page 222]]

    Volatile organic hazardous air pollutant (VOHAP) concentration means 
the concentration of an individually-speciated organic HAP in a 
wastewater discharge that is measured by Method 305 of appendix A to 40 
CFR part 63.
    Waste handling means processing or treatment of waste (liquid or 
solid) that is generated as a by-product of either the magnetic tape 
production process or cleaning operations.
    Waste handling device means equipment that is used to separate 
solvent from solid waste (e.g., filter dryers) or liquid waste (e.g., 
pot stills and thin film evaporators). The solvents are recovered by 
heating, condensing, and collection.
    Wastewater discharge means the water phase that is discharged from 
the separator in a wastewater treatment system.
    Wastewater treatment system means the assortment of devices in which 
the solvent/water mixture, generated when the carbon bed in the carbon 
adsorber is desorbed by steam, is treated to remove residual organics in 
the water.
    (b) The nomenclature used in this subpart is defined when presented 
or has the meaning given below:
    (1) Ak = the area of each natural draft opening (k) in a 
total enclosure, in square meters.
    (2) Caj = the concentration of HAP or VOC in each gas 
stream (j) exiting the emission control device, in parts per million by 
volume.
    (3) Cbi = the concentration of HAP or VOC in each gas 
stream (i) entering the emission control device, in parts per million by 
volume.
    (4) Cdi = the concentration of HAP or VOC in each gas 
stream (i) entering the emission control device from the affected 
source, in parts per million by volume.
    (5) Cfk = the concentration of HAP or VOC in each 
uncontrolled gas stream (k) emitted directly to the atmosphere from the 
affected source, in parts per million by volume.
    (6) Cgv = the concentration of HAP or VOC in each 
uncontrolled gas stream entering each individual carbon adsorber vessel 
(v), in parts per million by volume. For the purposes of calculating the 
efficiency of the individual carbon adsorber vessel, Cgv may 
be measured in the carbon adsorption system's common inlet duct prior to 
the branching of individual inlet ducts to the individual carbon 
adsorber vessels.
    (7) Chv = the concentration of HAP or VOC in the gas 
stream exiting each individual carbon adsorber vessel (v), in parts per 
million by volume.
    (8) E = the control device efficiency achieved for the duration of 
the emission test (expressed as a fraction).
    (9) F = the HAP or VOC emission capture efficiency of the HAP or VOC 
capture system achieved for the duration of the emission test (expressed 
as a fraction).
    (10) FV = the average inward face velocity across all natural draft 
openings in a total enclosure, in meters per hour.
    (11) G = the calculated mass of HAP per volume of coating solids (in 
kilograms per liter) contained in a batch of coating.
    (12) Hv = the individual carbon adsorber vessel (v) 
efficiency achieved for the duration of the emission test (expressed as 
a fraction).
    (13) Hsys = the efficiency of the carbon adsorption 
system calculated when each carbon adsorber vessel has an individual 
exhaust stack (expressed as a fraction).
    (14) Lsi = the volume fraction of solids in each batch of 
coating (i) applied as determined from the formulation records at the 
affected source.
    (15) Mci = the total mass in kilograms of each batch of 
coating (i) applied, or of each coating applied at an affected coating 
operation during a 7-day period, as appropriate, as determined from 
records at the affected source. This quantity shall be determined at a 
time and location in the process after all ingredients (including any 
dilution solvent) have been added to the coating, or if ingredients are 
added after the mass of the coating has been determined, appropriate 
adjustments shall be made to account for them.
    (16) Mr = the total mass in kilograms of HAP or VOC 
recovered for a 7-day period.
    (17) Qaj = the volumetric flow rate of each gas stream 
(j) exiting the emission control device in either dry standard cubic 
meters per hour when EPA Method 18 in appendix A of part 60 is

[[Page 223]]

used to measure HAP or VOC concentration or in standard cubic meters per 
hour (wet basis) when EPA Method 25A is used to measure HAP or VOC 
concentration.
    (18) Qbi = the volumetric flow rate of each gas stream 
(i) entering the emission control device, in dry standard cubic meters 
per hour when EPA Method 18 is used to measure HAP or VOC concentration 
or in standard cubic meters per hour (wet basis) when EPA Method 25A is 
used to measure HAP or VOC concentration.
    (19) Qdi = the volumetric flow rate of each gas stream 
(i) entering the emission control device from the affected source in 
either dry standard cubic meters per hour when EPA Method 18 is used to 
measure HAP or VOC concentration or in standard cubic meters per hour 
(wet basis) when EPA Method 25A is used to measure HAP or VOC 
concentration.
    (20) Qfk = the volumetric flow rate of each uncontrolled 
gas stream (k) emitted directly to the atmosphere from the affected 
source in either dry standard cubic meters per hour when EPA Method 18 
is used to measure HAP or VOC concentration or in standard cubic meters 
per hour (wet basis) when EPA Method 25A is used to measure HAP or VOC 
concentration.
    (21) Qgv = the volumetric flow rate of each gas stream 
entering each individual carbon adsorber vessel (v) in either dry 
standard cubic meters per hour when EPA Method 18 is used to measure HAP 
or VOC concentration or in standard cubic meters per hour (wet basis) 
when EPA Method 25A is used to measure HAP or VOC concentration. For 
purposes of calculating the efficiency of the individual carbon adsorber 
vessel, the value of Qgv can be assumed to equal the value of 
Qhv measured for that carbon adsorber vessel.
    (22) Qhv = the volumetric flow rate of each gas stream 
exiting each individual carbon adsorber vessel (v) in either dry 
standard cubic meters per hour when EPA Method 18 is used to measure HAP 
or VOC concentration or in standard cubic meters per hour (wet basis) 
when EPA Method 25A is used to measure HAP or VOC concentration.
    (23) Qin i = the volumetric flow rate of each gas stream 
(i) entering the total enclosure through a forced makeup air duct in 
standard cubic meters per hour (wet basis).
    (24) Qout j = the volumetric flow rate of each gas stream 
(j) exiting the total enclosure through an exhaust duct or hood in 
standard cubic meters per hour (wet basis).
    (25) R = the overall HAP or VOC emission reduction achieved for the 
duration of the emission test (expressed as a percentage).
    (26) RSi = the total mass in kilograms of HAP or VOC 
retained in the coated substrate after oven drying for a given magnetic 
tape product.
    (27) Vci = the total volume in liters of each batch of 
coating (i) applied as determined from records at the affected source.
    (28) Woi = the weight fraction of HAP or VOC in each 
batch of coating (i) applied, or of each coating applied at an affected 
coating operation during a 7-day period, as appropriate, as determined 
by EPA Method 24 or formulation data. This value shall be determined at 
a time and location in the process after all ingredients (including any 
dilution solvent) have been added to the coating, or if ingredients are 
added after the weight fraction of HAP or VOC in the coating has been 
determined, appropriate adjustments shall be made to account for them.



Sec.  63.703  Standards.

    (a) Each owner or operator of any affected source that is subject to 
the requirements of this subpart shall comply with the requirements of 
this subpart on and after the compliance dates specified in Sec.  
63.701.
    (b)(1) The owner or operator subject to Sec.  63.701(a)(2) shall 
determine limits on the amount of HAP utilized (see definition) in the 
magnetic tape manufacturing operation as the values for the potential to 
emit HAP from the magnetic tape manufacturing operation.
    (2) The limits on the amount of HAP utilized in the magnetic tape 
manufacturing operations shall be determined in the following manner.
    (i) The potential to emit each HAP from each emission point at the 
stationary source, other than those from

[[Page 224]]

magnetic tape manufacturing operations, shall be calculated and 
converted to the units of Mg/yr (or tons/yr).
    (ii) The limits on the HAP utilized in the magnetic tape 
manufacturing operation shall be determined as the values that, when 
summed with the values in paragraph (b)(2)(i) of this section, are less 
than 9.1 Mg/yr (10 tons/yr) for each individual HAP and 22.7 Mg/yr (25 
tons/yr) for the combination of HAP.
    (3) The limits on the HAP utilized determined in paragraph (b)(2) of 
this section shall be in terms of Mg/yr (or tons/yr), calculated monthly 
on a rolling 12-month average. The owner or operator shall not exceed 
these limits.
    (4) An owner or operator subject to paragraph (b) of this section 
shall meet the requirements in paragraph (h) of this section.
    (5) A magnetic tape manufacturing operation that is subject to 
paragraph (b) of this section and is located at an area source is not 
subject to paragraphs (c) through (g) of this section.
    (c) Except as provided by Sec.  63.703(b), each owner or operator of 
an affected source subject to this subpart shall limit gaseous HAP 
emitted from each solvent storage tank, piece of mix preparation 
equipment, coating operation, waste handling device, and condenser vent 
in solvent recovery as specified in paragraphs (c)(1) through (c)(5) of 
this section:
    (1) Except as otherwise allowed in paragraphs (c)(2), (3), (4), and 
(5) of this section, each owner or operator shall limit gaseous HAP 
emitted from each solvent storage tank, piece of mix preparation 
equipment, coating operation, waste handling device, and condenser vent 
in solvent recovery by an overall HAP control efficiency of at least 95 
percent.
    (2) An owner or operator that uses an incinerator to control 
emission points listed in paragraph (c)(1) of this section may choose to 
meet the overall HAP control efficiency requirement of paragraph (c)(1) 
of this section, or may operate the incinerator such that an outlet HAP 
concentration of no greater than 20 parts per million by volume (ppmv) 
by compound on a dry basis is achieved, as long as the efficiency of the 
capture system is 100 percent.
    (3) An owner or operator may choose to meet the requirements of 
paragraph (c)(1) or (2) of this section by venting the room, building, 
or enclosure in which the HAP emission point is located to an add-on air 
pollution control device, as long as the required overall HAP control 
efficiency of this method is sufficient to meet the requirements of 
paragraph (c)(1) or (2) of this section.
    (4) In lieu of controlling HAP emissions from each solvent storage 
tank and piece of mix preparation equipment to the level required by 
paragraph (c)(1) of this section, an owner or operator of an affected 
source may elect to comply with one of the options set forth in 
paragraph (c)(4)(i), (ii) or (iii) of this section.
    (i) Control HAP emissions from all coating operations by an overall 
HAP control efficiency of at least 97 percent in lieu of either:
    (A) Controlling up to 10 HAP solvent storage tanks that do not 
exceed 20,000 gallons each in capacity; or
    (B) Controlling 1 piece of mix preparation equipment that does not 
exceed 1,200 gallons in capacity and up to 8 HAP solvent storage tanks 
that do not exceed 20,000 gallons each in capacity; or
    (C) Controlling up to 2 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 6 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (D) Controlling up to 3 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 4 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (E) Controlling up to 4 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 2 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (F) Controlling up to 5 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity.
    (ii) Control HAP emissions from all coating operations by an overall 
HAP control efficiency of at least 98 percent in lieu of either:

[[Page 225]]

    (A) Controlling up to 15 HAP solvent storage tanks that do not 
exceed 20,000 gallons each in capacity; or
    (B) Controlling 1 piece of mix preparation equipment that does not 
exceed 1,200 gallons in capacity and up to 13 HAP solvent storage tanks 
that do not exceed 20,000 gallons each in capacity; or
    (C) Controlling up to 2 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 11 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (D) Controlling up to 3 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 9 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (E) Controlling up to 4 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 7 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (F) Controlling up to 5 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 5 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (G) Controlling up to 6 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 3 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (H) Controlling up to 7 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 1 HAP solvent 
storage tank that does not exceed 20,000 gallons in capacity.
    (iii) Control HAP emissions from all coating operations by an 
overall HAP control efficiency of at least 99 percent in lieu of either:
    (A) Controlling up to 20 HAP solvent storage tanks that do not 
exceed 20,000 gallons each in capacity; or
    (B) Controlling 1 piece of mix preparation equipment that does not 
exceed 1,200 gallons in capacity and up to 18 HAP solvent storage tanks 
that do not exceed 20,000 gallons each in capacity; or
    (C) Controlling up to 2 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 16 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (D) Controlling up to 3 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 14 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (E) Controlling up to 4 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 12 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (F) Controlling up to 5 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 10 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (G) Controlling up to 6 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 8 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (H) Controlling up to 7 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 6 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (I) Controlling up to 8 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 4 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (J) Controlling up to 9 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity and up to 2 HAP solvent 
storage tanks that do not exceed 20,000 gallons each in capacity; or
    (K) Controlling up to 10 pieces of mix preparation equipment that do 
not exceed 1,200 gallons each in capacity.
    (iv) Owners or operators choosing to meet the requirements of 
paragraphs (c)(4)(i), (ii), or (iii) of this section are also subject to 
the reporting requirement of Sec.  63.707(k).
    (5) In lieu of controlling HAP emissions from a coating operation to 
the level required by paragraph (c)(1) of

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this section, owners or operators may use magnetic coatings that contain 
no greater than 0.18 kilograms of HAP per liter of coating solids for 
that coating operation. For the requirements of this paragraph, 
Sec. Sec.  63.6(e)(3), 63.6(f) (1) and (2), 63.8(b) (2) and (3), 
63.8(c), 63.8(d), 63.8(e), 63.8(g), 63.9 (e) and (g), 63.10(c), 63.10(d) 
(2), (3), and (5), 63.10(e) (1) and (2), and 63.11 of subpart A do not 
apply.
    (d) Particulate transfer operations. Except as stipulated by Sec.  
63.703(b), each owner or operator of an affected source subject to this 
subpart shall:
    (1) Use an enclosed transfer method to perform particulate HAP 
transfer; or
    (2) Direct emissions from particulate HAP transfer through a hood or 
enclosure to a baghouse or fabric filter that exhibits no visible 
emissions while controlling HAP emissions from particulate HAP transfer.
    (e) Wash sinks for cleaning removable parts. (1) Except as 
stipulated by Sec.  63.703(b), each owner or operator of an affected 
source subject to this subpart shall limit gaseous HAP emissions from 
each wash sink containing HAP:
    (i) So that the overall HAP control efficiency is no less than 88 
percent; or
    (ii) By maintaining a minimum freeboard ratio of 75 percent in the 
wash sink at all times when the sink contains HAP.
    (2) Owners or operators may meet the requirements of paragraph 
(e)(1)(i) of this section by venting the room, building, or enclosure in 
which the sink is located, as long as the overall HAP control efficiency 
of this method is demonstrated to be at least 88 percent using the test 
methods in Sec.  63.705(e).
    (3) Wash sinks subject to the control provisions of subpart T of 
this part are not subject to paragraph (e)(1) or (e)(2) of this section.
    (f) Equipment for flushing fixed lines. (1) Except as stipulated by 
Sec.  63.703(b), each owner or operator of an affected source subject to 
this subpart shall limit gaseous HAP emissions from each affected set of 
equipment for flushing fixed lines:
    (i) So that the overall HAP control efficiency is at least 95 
percent; or
    (ii) By using a closed system for flushing fixed lines.
    (2) Owners or operators may meet the requirements of paragraph 
(f)(1)(i) of this section by venting the room, building, or enclosure in 
which the fixed lines are located, as long as the overall HAP control 
efficiency of this method is demonstrated to be at least 95 percent 
using the test methods in Sec.  63.705(f).
    (g) Wastewater treatment systems. (1) Except as stipulated by Sec.  
63.703(b), each owner or operator of an affected source subject to this 
subpart shall:
    (i) Treat the wastewater discharge to remove each HAP from magnetic 
tape manufacturing operations that is present in the wastewater 
discharge by at least the fraction removed (FR) specified in 
Table 9 of 40 CFR part 63, subpart G; or
    (ii) Treat (other than by dilution) the HAP from magnetic tape 
manufacturing operations that are present in the wastewater discharge 
such that the exit concentration is less than 50 ppmw of total VOHAP.
    (2) The treatment method used to meet the requirements of paragraph 
(g)(1) of this section shall not transfer emissions from the water to 
the atmosphere in an uncontrolled manner.
    (h)(1) Magnetic tape manufacturing operations that are subject to 
Sec.  63.703(b) and are not at major sources are not subject to 
Sec. Sec.  63.6(e), 63.6(f), 63.6(g), 63.6(i)(4), 63.7, 63.8, 63.9 (c) 
through (h), 63.10(b)(2), 63.10(c), 63.10(d) (2) through (5), 63.10(e), 
and 63.11 of subpart A.
    (2) Magnetic tape manufacturing operations subject to Sec.  
63.703(b) shall fulfill the recordkeeping requirements of Sec.  
63.706(e) and the reporting requirements of Sec.  63.707 (b), (c), and 
(j).
    (3) An owner or operator of a magnetic tape manufacturing operation 
subject to Sec.  63.703(b) who chooses to no longer be subject to Sec.  
63.703(b) shall notify the Administrator or delegated State of such 
change. If by no longer being subject to Sec.  63.703(b), the source at 
which the magnetic tape manufacturing operation is located would become 
a major source, the owner or operator shall meet the following 
requirements, starting from the date of such notification:
    (i) Comply with paragraphs (c) through (g) of this section, and 
other

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provisions of this subpart within the timeframe specified in Sec.  
63.6(c)(5); and
    (ii) Comply with the HAP utilization limits in Sec.  63.703(b) until 
the requirements of paragraph (h)(3)(i) of this section are met.
    (i) For any solvent storage tank, piece of mix preparation 
equipment, waste handling device, condenser vent in solvent recovery, 
wash sink for cleaning removable parts, and set of equipment for 
flushing of fixed lines, the owner or operator may, instead of meeting 
the requirements of paragraphs (c)(1), (e)(1)(i), or (f)(1)(i) of this 
section, vent the gaseous