[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2020 Edition]
[From the U.S. Government Publishing Office]

[[Page i]]

Title 40

Protection of Environment

________________________

Part 63 (Sec. Sec. 63.6580 to 63.8830)

Revised as of July 1, 2020

Containing a codification of documents of general
applicability and future effect

As of July 1, 2020
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........................ 499
Alphabetical List of Agencies Appearing in the CFR...... 519
List of CFR Sections Affected........................... 529

[[Page iv]]

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

Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 63.6580
refers to title 40, part
63, section 6580.

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

[[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
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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
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[[Page vi]]

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[[Page vii]]

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Director,
Office of the Federal Register
July 1, 2020.

[[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, 2020.

Chapter I--Environmental Protection Agency appears in all thirty-
seven volumes. OMB control numbers for title 40 appear in Sec. 9.1 of
this chapter.

Chapters IV-VIII--Regulations issued by the Environmental Protection
Agency and Department of Justice, Council on Environmental Quality,
Chemical Safety and Hazard Investigation Board, Environmental Protection
Agency and Department of Defense; Uniform National Discharge Standards
for Vessels of the Armed Forces, and the Gulf Coast Ecosystem
Restoration Council appear in volume thirty seven.

For this volume, Susannah C. Hurley 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.63.6580 to 63.8830)

--------------------------------------------------------------------
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 ZZZZ_National Emission Standards for Hazardous Air Pollutants
for Stationary Reciprocating Internal Combustion Engines

What This Subpart Covers

Sec.
63.6580 What is the purpose of subpart ZZZZ?
63.6585 Am I subject to this subpart?
63.6590 What parts of my plant does this subpart cover?
63.6595 When do I have to comply with this subpart?

Emission Limitations

63.6600 What emission limitations and operating limitations must I meet
if I own or operate a stationary RICE with a site rating of
more than 500 brake HP located at a major source of HAP
emissions?
63.6601 What emission limitations must I meet if I own or operate a new
or reconstructed 4SLB stationary RICE with a site rating of
greater than or equal to 250 brake HP and less than or equal
to 500 brake HP located at a major source of HAP emissions?
63.6602 What emission limitations and other requirements must I meet if
I own or operate an existing stationary RICE with a site
rating of equal to or less than 500 brake HP located at a
major source of HAP emissions?
63.6603 What emission limitations, operating limitations, and other
requirements must I meet if I own or operate an existing
stationary RICE located at an area source of HAP emissions?
63.6604 What fuel requirements must I meet if I own or operate a
stationary CI RICE?

General Compliance Requirements

63.6605 What are my general requirements for complying with this
subpart?

Testing and Initial Compliance Requirements

63.6610 By what date must I conduct the initial performance tests or
other initial compliance demonstrations if I own or operate a
stationary RICE with a site rating of more than 500 brake HP
located at a major source of HAP emissions?
63.6611 By what date must I conduct the initial performance tests or
other initial compliance demonstrations if I own or operate a
new or reconstructed 4SLB SI stationary RICE with a site
rating of greater than or equal to 250 and less than or equal
to 500 brake HP located at a major source of HAP emissions?
63.6612 By what date must I conduct the initial performance tests or
other initial compliance demonstrations if I own or operate an
existing stationary RICE with a site rating of less than or
equal to 500 brake HP located at a major source of HAP
emissions or an existing stationary RICE located at an area
source of HAP emissions?
63.6615 When must I conduct subsequent performance tests?
63.6620 What performance tests and other procedures must I use?
63.6625 What are my monitoring, installation, collection, operation, and
maintenance requirements?
63.6630 How do I demonstrate initial compliance with the emission
limitations, operating limitations, and other requirements?

Continuous Compliance Requirements

63.6635 How do I monitor and collect data to demonstrate continuous
compliance?
63.6640 How do I demonstrate continuous compliance with the emission
limitations, operating limitations, and other requirements?

Notification, Reports, and Records

63.6645 What notifications must I submit and when?
63.6650 What reports must I submit and when?
63.6655 What records must I keep?
63.6660 In what form and how long must I keep my records?

Other Requirements and Information

63.6665 What parts of the General Provisions apply to me?
63.6670 Who implements and enforces this subpart?
63.6675 What definitions apply to this subpart?

Table 1a to Subpart ZZZZ of Part 63--Emission Limitations for Existing,
New, and Reconstructed Spark Ignition, 4SRB Stationary RICE
500 HP Located at a Major Source of HAP Emissions
Table 1b to Subpart ZZZZ of Part 63--Operating Limitations for Existing,
New, and Reconstructed SI 4SRB Stationary

[[Page 6]]

RICE 500 HP Located at a Major Source of HAP
Emissions
Table 2a to Subpart ZZZZ of Part 63--Emission Limitations for New and
Reconstructed 2SLB and Compression Ignition Stationary RICE
500 HP and New and Reconstructed 4SLB Stationary
RICE =250 HP Located at a Major Source of HAP
Emissions
Table 2b to Subpart ZZZZ of Part 63--Operating Limitations for New and
Reconstructed 2SLB and CI Stationary RICE 500 HP
Located at a Major Source of HAP Emissions, New and
Reconstructed 4SLB Stationary RICE =250 HP Located
at a Major Source of HAP Emissions, Existing CI Stationary
RICE 500 HP
Table 2c to Subpart ZZZZ of Part 63--Requirements for Existing
Compression Ignition Stationary RICE Located at a Major Source
of HAP Emissions and Existing Spark Ignition Stationary RICE
<=500 HP Located at a Major Source of HAP Emissions
Table 2d to Subpart ZZZZ of Part 63--Requirements for Existing
Stationary RICE Located at Area Sources of HAP Emissions
Table 3 to Subpart ZZZZ of Part 63--Subsequent performance tests
Table 4 to Subpart ZZZZ of Part 63--Requirements for performance tests
Table 5 to Subpart ZZZZ of Part 63--Initial compliance with emission
limitations, operating limitations, and other requirements
Table 6 to Subpart ZZZZ of Part 63--Continuous compliance with emission
limitations, and other requirements
Table 7 to Subpart ZZZZ of Part 63--Requirements for reports
Table 8 to Subpart ZZZZ of Part 63--Applicability of general provisions
to Subpart ZZZZ
Appendix A to Subpart ZZZZ of Part 63--Protocol for using an
electrochemical analyzer to determine oxygen and carbon
monoxide concentrations from certain engines

Subpart AAAAA_National Emission Standards for Hazardous Air Pollutants
for Lime Manufacturing Plants

What This Subpart Covers

63.7080 What is the purpose of this subpart?
63.7081 Am I subject to this subpart?
63.7082 What parts of my plant does this subpart cover?
63.7083 When do I have to comply with this subpart?

Emission Limitations

63.7090 What emission limitations must I meet?

General Compliance Requirements

63.7100 What are my general requirements for complying with this
subpart?

Testing and Initial Compliance Requirements

63.7110 By what date must I conduct performance tests and other initial
compliance demonstrations?
63.7111 When must I conduct subsequent performance tests?
63.7112 What performance tests, design evaluations, and other procedures
must I use?
63.7113 What are my monitoring installation, operation, and maintenance
requirements?
63.7114 How do I demonstrate initial compliance with the emission
limitations standard?

Continuous Compliance Requirements

63.7120 How do I monitor and collect data to demonstrate continuous
compliance?
63.7121 How do I demonstrate continuous compliance with the emission
limitations standard?

Notifications, Reports, and Records

63.7130 What notifications must I submit and when?
63.7131 What reports must I submit and when?
63.7132 What records must I keep?
63.7133 In what form and for how long must I keep my records?

Other Requirements and Information

63.7140 What parts of the General Provisions apply to me?
63.7141 Who implements and enforces this subpart?
63.7142 What are the requirements for claiming area source status?
63.7143 What definitions apply to this subpart?

Table 1 to Subpart AAAAA of Part 63--Emission Limits
Table 2 to Subpart AAAAA of Part 63--Operating Limits
Table 3 to Subpart AAAAA of Part 63--Initial Compliance with Emission
Limits
Table 4 to Subpart AAAAA of Part 63--Requirements for Performance Tests
Table 5 to Subpart AAAAA of Part 63--Continuous Compliance with
Operating Limits
Table 6 to Subpart AAAAA of Part 63--Periodic Monitoring for Compliance
with Opacity and Visible Emissions Limits
Table 7 to Subpart AAAAA of Part 63--Requirements for Reports

[[Page 7]]

Table 8 to Subpart AAAAA of Part 63--Applicability of General Provisions
to Subpart AAAAA

Subpart BBBBB_National Emission Standards for Hazardous Air Pollutants
for Semiconductor Manufacturing

What This Subpart Covers

63.7180 What is the purpose of this subpart?
63.7181 Am I subject to this subpart?
63.7182 What parts of my facility does this subpart cover?
63.7183 When do I have to comply with this subpart?

Emission Standards

63.7184 What emission limitations, operating limits, and work practice
standards must I meet?

Compliance Requirements

63.7185 What are my general requirements for complying with this
subpart?
63.7186 By what date must I conduct performance tests or other initial
compliance demonstrations?
63.7187 What performance tests and other compliance procedures must I
use?
63.7188 What are my monitoring installation, operation, and maintenance
requirements?

Applications, Notifications, Reports, and Records

63.7189 What applications and notifications must I submit and when?
63.7190 What reports must I submit and when?
63.7191 What records must I keep?
63.7192 In what form and how long must I keep my records?

Other Requirements and Information

63.7193 What parts of the General Provisions apply to me?
63.7194 Who implements and enforces this subpart?
63.7195 What definitions apply to this subpart?

Table 1 to Subpart BBBBB of Part 63--Requirements for Performance Tests
Table 2 to Subpart BBBBB of Part 63--Applicability of General Provisions
to Subpart BBBBB

Subpart CCCCC_National Emission Standards for Hazardous Air Pollutants
for Coke Ovens: Pushing, Quenching, and Battery Stacks

What This Subpart Covers

63.7280 What is the purpose of this subpart?
63.7281 Am I subject to this subpart?
63.7282 What parts of my plant does this subpart cover?
63.7283 When do I have to comply with this subpart?

Emission Limitations and Work Practice Standards

63.7290 What emission limitations must I meet for capture systems and
control devices applied to pushing emissions?
63.7291 What work practice standards must I meet for fugitive pushing
emissions if I have a by-product coke oven battery with
vertical flues?
63.7292 What work practice standards must I meet for fugitive pushing
emissions if I have a by-product coke oven battery with
horizontal flues?
63.7293 What work practice standards must I meet for fugitive pushing
emissions if I have a non-recovery coke oven battery?
63.7294 What work practice standard must I meet for soaking?
63.7295 What requirements must I meet for quenching?
63.7296 What emission limitations must I meet for battery stacks?

Operation and Maintenance Requirements

63.7300 What are my operation and maintenance requirements?

General Compliance Requirements

63.7310 What are my general requirements for complying with this
subpart?

Initial Compliance Requirements

63.7320 By what date must I conduct performance tests or other initial
compliance demonstrations?
63.7321 When must I conduct subsequent performance tests?
63.7322 What test methods and other procedures must I use to demonstrate
initial compliance with the emission limits for particulate
matter?
63.7323 What procedures must I use to establish operating limits?
63.7324 What procedures must I use to demonstrate initial compliance
with the opacity limits?
63.7325 What test methods and other procedures must I use to demonstrate
initial compliance with the TDS or constituent limits for
quench water?
63.7326 How do I demonstrate initial compliance with the emission
limitations that apply to me?
63.7327 How do I demonstrate initial compliance with the work practice
standards that apply to me?
63.7328 How do I demonstrate initial compliance with the operation and
maintenance requirements that apply to me?

[[Page 8]]

Continuous Compliance Requirements

63.7330 What are my monitoring requirements?
63.7331 What are the installation, operation, and maintenance
requirements for my monitors?
63.7332 How do I monitor and collect data to demonstrate continuous
compliance?
63.7333 How do I demonstrate continuous compliance with the emission
limitations that apply to me?
63.7334 How do I demonstrate continuous compliance with the work
practice standards that apply to me?
63.7335 How do I demonstrate continuous compliance with the operation
and maintenance requirements that apply to me?
63.7336 What other requirements must I meet to demonstrate continuous
compliance?

Notifications, Reports, and Records

63.7340 What notifications must I submit and when?
63.7341 What reports must I submit and when?
63.7342 What records must I keep?
63.7343 In what form and how long must I keep my records?

Other Requirements and Information

63.7350 What parts of the General Provisions apply to me?
63.7351 Who implements and enforces this subpart?
63.7352 What definitions apply to this subpart?

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

Subpart DDDDD_National Emission Standards for Hazardous Air Pollutants
for Major Sources: Industrial, Commercial, and Institutional Boilers and
Process Heaters

What This Subpart Covers

63.7480 What is the purpose of this subpart?
63.7485 Am I subject to this subpart?
63.7490 What is the affected source of this subpart?
63.7491 Are any boilers or process heaters not subject to this subpart?
63.7495 When do I have to comply with this subpart?

Emission Limitations and Work Practice Standards

63.7499 What are the subcategories of boilers and process heaters?
63.7500 What emission limitations, work practice standards, and
operating limits must I meet?
63.7501 [Reserved]

General Compliance Requirements

63.7505 What are my general requirements for complying with this
subpart?

Testing, Fuel Analyses, and Initial Compliance Requirements

63.7510 What are my initial compliance requirements and by what date
must I conduct them?
63.7515 When must I conduct subsequent performance tests, fuel analyses,
or tune-ups?
63.7520 What stack tests and procedures must I use?
63.7521 What fuel analyses, fuel specification, and procedures must I
use?
63.7522 Can I use emissions averaging to comply with this subpart?
63.7525 What are my monitoring, installation, operation, and maintenance
requirements?
63.7530 How do I demonstrate initial compliance with the emission
limitations, fuel specifications and work practice standards?
63.7533 Can I use efficiency credits earned from implementation of
energy conservation measures to comply with this subpart?

Continuous Compliance Requirements

63.7535 Is there a minimum amount of monitoring data I must obtain?
63.7540 How do I demonstrate continuous compliance with the emission
limitations, fuel specifications and work practice standards?
63.7541 How do I demonstrate continuous compliance under the emissions
averaging provision?

Notification, Reports, and Records

63.7545 What notifications must I submit and when?
63.7550 What reports must I submit and when?
63.7555 What records must I keep?
63.7560 In what form and how long must I keep my records?

Other Requirements and Information

63.7565 What parts of the General Provisions apply to me?
63.7570 Who implements and enforces this subpart?
63.7575 What definitions apply to this subpart?

Tables to Subpart DDDDD of Part 63

Table 1 to Subpart DDDDD of Part 63--Emission Limits for New or
Reconstructed Boilers and Process Heaters
Table 2 to Subpart DDDDD of Part 63--Emission Limits for Existing
Boilers and Process Heaters (Units with heat

[[Page 9]]

input capacity of 10 million Btu per hour or greater)
Table 3 to Subpart DDDDD of Part 63--Work Practice Standards
Table 4 to Subpart DDDDD of Part 63--Operating Limits for Boilers and
Process Heaters
Table 5 to Subpart DDDDD of Part 63--Performance Testing Requirements
Table 6 to Subpart DDDDD of Part 63--Fuel Analysis Requirements
Table 7 to Subpart DDDDD of Part 63--Establishing Operating Limits
Table 8 to Subpart DDDDD of Part 63--Demonstrating Continuous Compliance
Table 9 to Subpart DDDDD of Part 63--Reporting Requirements
Table 10 to Subpart DDDDD of Part 63--Applicability of General
Provisions to Subpart DDDDD
Table 11 to Subpart DDDDD of Part 63--Alternative Emission Limits for
New or Reconstructed Boilers and Process Heaters That
Commenced Construction or Reconstruction After June 4, 2010,
and Before May 20, 2011
Table 12 to Subpart DDDDD of Part 63-- Alternative Emission Limits for
New or Reconstructed Boilers and Process Heaters That
Commenced Construction or Reconstruction After May 20, 2011,
and Before December 23, 2011
Table 13 to Subpart DDDDD of Part 63--Alternative Emission Limits for
New or Reconstructed Boilers and Process Heaters That
Commenced Construction or Reconstruction After December 23,
2011, and Before April 1, 2013

Subpart EEEEE_National Emission Standards for Hazardous Air Pollutants
for Iron and Steel Foundries

What This Subpart Covers

63.7680 What is the purpose of this subpart?
63.7681 Am I subject to this subpart?
63.7682 What parts of my foundry does this subpart cover?
63.7683 When do I have to comply with this subpart?

Emissions Limitations

63.7690 What emissions limitations must I meet?

Work Practice Standards

63.7700 What work practice standards must I meet?

Operation and Maintenance Requirements

63.7710 What are my operation and maintenance requirements?

General Compliance Requirements

63.7720 What are my general requirements for complying with this
subpart?

Initial Complifance Requirements

63.7730 By what date must I conduct performance tests or other initial
compliance demonstrations?
63.7731 When must I conduct subsequent performance tests?
63.7732 What test methods and other procedures must I use to demonstrate
initial compliance with the emissions limitations?
63.7733 What procedures must I use to establish operating limits?
63.7734 How do I demonstrate initial compliance with the emissions
limitations that apply to me?
63.7735 How do I demonstrate initial compliance with the work practice
standards that apply to me?
63.7736 How do I demonstrate initial compliance with the operation and
maintenance requirements that apply to me?

Continuous Compliance Requirements

63.7740 What are my monitoring requirements?
63.7741 What are the installation, operation, and maintenance
requirements for my monitors?
63.7742 How do I monitor and collect data to demonstrate continuous
compliance?
63.7743 How do I demonstrate continuous compliance with the emissions
limitations that apply to me?
63.7744 How do I demonstrate continuous compliance with the work
practice standards that apply to me?
63.7745 How do I demonstrate continuous compliance with the operation
and maintenance requirements that apply to me?
63.7746 What other requirements must I meet to demonstrate continuous
compliance?
63.7747 How do I apply for alternative monitoring requirements for a
continuous emissions monitoring system?

Notifications, Reports, and Records

63.7750 What notifications must I submit and when?
63.7751 What reports must I submit and when?
63.7752 What records must I keep?
63.7753 In what form and for how long must I keep my records?

Other Requirements and Information

63.7760 What parts of the General Provisions apply to me?
63.7761 Who implements and enforces this subpart?

[[Page 10]]

Definitions

63.7765 What definitions apply to this subpart?

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

Subpart FFFFF_National Emission Standards for Hazardous Air Pollutants
for Integrated Iron and Steel Manufacturing Facilities

What This Subpart Covers

63.7780 What is the purpose of this subpart?
63.7781 Am I subject to this subpart?
63.7782 What parts of my plant does this subpart cover?
63.7783 When do I have to comply with this subpart?

Emission Limitations

63.7790 What emission limitations must I meet?

Operation and Maintenance Requirements

63.7800 What are my operation and maintenance requirements?

General Compliance Requirements

63.7810 What are my general requirements for complying with this
subpart?

Initial Compliance Requirements

63.7820 By what date must I conduct performance tests or other initial
compliance demonstrations?
63.7821 When must I conduct subsequent performance tests?
63.7822 What test methods and other procedures must I use to demonstrate
initial compliance with the emission limits for particulate
matter?
63.7823 What test methods and other procedures must I use to demonstrate
initial compliance with the opacity limits?
63.7824 What test methods and other procedures must I use to establish
and demonstrate initial compliance with the operating limits?
63.7825 How do I demonstrate initial compliance with the emission
limitations that apply to me?
63.7826 How do I demonstrate initial compliance with the operation and
maintenance requirements that apply to me?

Continuous Compliance Requirements

63.7830 What are my monitoring requirements?
63.7831 What are the installation, operation, and maintenance
requirements for my monitors?
63.7832 How do I monitor and collect data to demonstrate continuous
compliance?
63.7833 How do I demonstrate continuous compliance with the emission
limitations that apply to me?
63.7834 How do I demonstrate continuous compliance with the operation
and maintenance requirements that apply to me?
63.7835 What other requirements must I meet to demonstrate continuous
compliance?

Notifications, Reports, and Records

63.7840 What notifications must I submit and when?
63.7841 What reports must I submit and when?
63.7842 What records must I keep?
63.7843 In what form and how long must I keep my records?

Other Requirements and Information

63.7850 What parts of the General Provisions apply to me?
63.7851 Who implements and enforces this subpart?
63.7852 What definitions apply to this subpart?

Table 1 to Subpart FFFFF of Part 63--Emission and Opacity Limits
Table 2 to Subpart FFFFF of Part 63--Initial Compliance with Emission
and Opacity Limits
Table 3 to Subpart FFFFF of Part 63--Continuous Compliance with Emission
and Opacity Limits
Table 4 to Subpart FFFFF of Part 63--Applicability of General Provisions
to Subpart FFFFF

Subpart GGGGG_National Emission Standards for Hazardous Air Pollutants:
Site Remediation

What This Subpart Covers

63.7880 What is the purpose of this subpart?
63.7881 Am I subject to this subpart?
63.7882 What site remediation sources at my facility does this subpart
affect?
63.7883 When do I have to comply with this subpart?

General Standards

63.7884 What are the general standards I must meet for each site
remediation with affected sources?
63.7885 What are the general standards I must meet for my affected
process vents?
63.7886 What are the general standards I must meet for my affected
remediation material management units?
63.7887 What are the general standards I must meet for my affected
equipment leak sources?
63.7888 How do I implement this rule at my facility using the cross-
referenced requirements in other subparts?

[[Page 11]]

Process Vents

63.7890 What emissions limitations and work practice standards must I
meet for process vents?
63.7891 How do I demonstrate initial compliance with the emissions
limitations and work practice standards for process vents?
63.7892 What are my inspection and monitoring requirements for process
vents?
63.7893 How do I demonstrate continuous compliance with the emissions
limitations and work practice standards for process vents?

Tanks

63.7895 What emissions limitations and work practice standards must I
meet for tanks?
63.7896 How do I demonstrate initial compliance with the emissions
limitations and work practice standards for tanks?
63.7897 What are my inspection and monitoring requirements for tanks?
63.7898 How do I demonstrate continuous compliance with the emissions
limitations and work practice standards for tanks?

Containers

63.7900 What emissions limitations and work practice standards must I
meet for containers?
63.7901 How do I demonstrate initial compliance with the emissions
limitations and work practice standards for containers?
63.7902 What are my inspection and monitoring requirements for
containers?
63.7903 How do I demonstrate continuous compliance with the emissions
limitations and work practice standards for containers?

Surface Impoundments

63.7905 What emissions limitations and work practice standards must I
meet for surface impoundments?
63.7906 How do I demonstrate initial compliance with the emissions
limitations and work practice standards for surface
impoundments?
63.7907 What are my inspection and monitoring requirements for surface
impoundments?
63.7908 How do I demonstrate continuous compliance with the emissions
limitations and work practice standards for surface
impoundments?

Separators

63.7910 What emissions limitations and work practice standards must I
meet for separators?
63.7911 How do I demonstrate initial compliance with the emissions
limitations and work practice standards for separators?
63.7912 What are my inspection and monitoring requirements for
separators?
63.7913 How do I demonstrate continuous compliance with the emissions
limitations and work practice standards for separators?

Transfer Systems

63.7915 What emissions limitations and work practice standards must I
meet for transfer systems?
63.7916 How do I demonstrate initial compliance with the emissions
limitations and work practice standards for transfer systems?
63.7917 What are my inspection and monitoring requirements for transfer
systems?
63.7918 How do I demonstrate continuous compliance with the emissions
limitations and work practice standards for transfer systems?

Equipment Leaks

63.7920 What emissions limitations and work practice standards must I
meet for equipment leaks?
63.7921 How do I demonstrate initial compliance with the emissions
limitations and work practice standards for equipment leaks?
63.7922 How do I demonstrate continuous compliance with the emissions
limitations and work practice standards for equipment leaks?

Closed Vent Systems and Control Devices

63.7925 What emissions limitations and work practice standards must I
meet for closed vent systems and control devices?
63.7926 How do I demonstrate initial compliance with the emissions
limitations and work practice standards for closed vent
systems and control devices?
63.7927 What are my inspection and monitoring requirements for closed
vent systems and control devices?
63.7928 How do I demonstrate continuous compliance with the emissions
limitations and work practice standards for closed vent
systems and control devices?

General Compliance Requirements

63.7935 What are my general requirements for complying with this
subpart?
63.7936 What requirements must I meet if I transfer remediation material
off-site to another facility?
63.7937 How do I demonstrate initial compliance with the general
standards?
63.7938 How do I demonstrate continuous compliance with the general
standards?

[[Page 12]]

Performance Tests

63.7940 By what date must I conduct performance tests or other initial
compliance demonstrations?
63.7941 How do I conduct a performance test, design evaluation, or other
type of initial compliance demonstration?
63.7942 When must I conduct subsequent performance tests?
63.7943 How do I determine the average VOHAP concentration of my
remediation material?
63.7944 How do I determine the maximum HAP vapor pressure of my
remediation material?

Continuous Monitoring Systems

63.7945 What are my monitoring installation, operation, and maintenance
requirements?
63.7946 How do I monitor and collect data to demonstrate continuous
compliance?
63.7947 What are my monitoring alternatives?

Notifications, Reports, and Records

63.7950 What notifications must I submit and when?
63.7951 What reports must I submit and when?
63.7952 What records must I keep?
63.7953 In what form and how long must I keep my records?

Other Requirements and Information

63.7955 What parts of the General Provisions apply to me?
63.7956 Who implements and enforces this subpart?
63.7957 What definitions apply to this subpart?

Table 1 to Subpart GGGGG of Part 63--List of Hazardous Air Pollutants
Table 2 to Subpart GGGGG of Part 63--Control Levels as Required by Sec.
63.7895(a) for Tanks Managing Remediation Material with a
Maximum HAP Vapor Pressure Less Than 76.6 kPa
Table 3 to Subpart GGGGG of Part 63--Applicability of General Provisions
to Subpart GGGGG

Subpart HHHHH_National Emission Standards for Hazardous Air Pollutants:
Miscellaneous Coating Manufacturing

What this Subpart Covers

63.7980 What is the purpose of this subpart?
63.7985 Am I subject to the requirements in this subpart?
63.7990 What parts of my plant does this subpart cover?

Compliance Dates

63.7995 When do I have to comply with this subpart?

Emission Limits, Work Practice Standards, and Compliance Requirements

63.8000 What are my general requirements for complying with this
subpart?
63.8005 What requirements apply to my process vessels?
63.8010 What requirements apply to my storage tanks?
63.8015 What requirements apply to my equipment leaks?
63.8020 What requirements apply to my wastewater streams?
63.8025 What requirements apply to my transfer operations?
63.8030 What requirements apply to my heat exchange systems?

Alternative Means of Compliance

63.8050 How do I comply with emissions averaging for stationary process
vessels at existing sources?
63.8055 How do I comply with a weight percent HAP limit in coating
products?

Notifications, Reports, and Records

63.8070 What notifications must I submit and when?
63.8075 What reports must I submit and when?
63.8080 What records must I keep?

Other Requirements and Information

63.8090 What compliance options do I have if part of my plant is subject
to both this subpart and another subpart?
63.8095 What parts of the General Provisions apply to me?
63.8100 Who implements and enforces this subpart?
63.8105 What definitions apply to this subpart?

Table 1 to Subpart HHHHH of Part 63--Emission Limits and Work Practice
Standards for Process Vessels
Table 2 to Subpart HHHHH of Part 63--Emission Limits and Work Practice
Standards for Storage Tanks
Table 3 to Subpart HHHHH of Part 63--Requirements for Equipment Leaks
Table 4 to Subpart HHHHH of Part 63--Emission Limits and Work Practice
Standards for Wastewater Streams
Table 5 to Subpart HHHHH of Part 63--Emission Limits and Work Practice
Standards for Transfer Operations
Table 6 to Subpart HHHHH of Part 63--Requirements for Heat Exchange
Systems
Table 7 to Subpart HHHHH of Part 63--Partially Soluble Hazardous Air
Pollutants

[[Page 13]]

Table 8 to Subpart HHHHH of Part 63--Soluble Hazardous Air Pollutants
Table 9 to Subpart HHHHH of Part 63--Requirements for Reports
Table 10 to Subpart HHHHH of Part 63--Applicability of General
Provisions to Subpart HHHHH

Subpart IIIII_National Emission Standards for Hazardous Air Pollutants:
Mercury Emissions From Mercury Cell Chlor-Alkali Plants

What This Subpart Covers

63.8180 What is the purpose of this subpart?
63.8182 Am I subject to this subpart?
63.8184 What parts of my plant does this subpart cover?
63.8186 When do I have to comply with this subpart?

Emission Limitations and Work Practice Standards

63.8190 What emission limitations must I meet?
63.8192 What work practice standards must I meet?

Operation and Maintenance Requirements

63.8222 What are my operation and maintenance requirements?

General Compliance Requirements

63.8226 What are my general requirements for complying with this
subpart?

Initial Compliance Requirements

63.8230 By what date must I conduct performance tests or other initial
compliance demonstrations?
63.8232 What test methods and other procedures must I use to demonstrate
initial compliance with the emission limits?
63.8234 What equations and procedures must I use for the initial
compliance demonstration?
63.8236 How do I demonstrate initial compliance with the emission
limitations and work practice standards?

Continuous Compliance Requirements

63.8240 What are my monitoring requirements?
63.8242 What are the installation, operation, and maintenance
requirements for my continuous monitoring systems?
63.8243 What equations and procedures must I use to demonstrate
continuous compliance?
63.8244 How do I monitor and collect data to demonstrate continuous
compliance?
63.8246 How do I demonstrate continuous compliance with the emission
limitations and work practice standards?
63.8248 What other requirements must I meet?

Notifications, Reports, and Records

63.8252 What notifications must I submit and when?
63.8254 What reports must I submit and when?
63.8256 What records must I keep?
63.8258 In what form and how long must I keep my records?

Other Requirements and Information

63.8262 What parts of the General Provisions apply to me?
63.8264 Who implements and enforces this subpart?
63.8266 What definitions apply to this subpart?

Table 1 to Subpart IIIII of Part 63--Work Practice Standards--Design,
Operation, and Maintenance Requirements
Table 2 to Subpart IIIII of Part 63--Work Practice Standards--Required
Inspections
Table 3 to Subpart IIIII of Part 63--Work Practice Standards--Required
Actions for Liquid Mercury Spills and Accumulations and
Hydrogen and Mercury Vapor Leaks
Table 4 to Subpart IIIII of Part 63--Work Practice Standards--
Requirements for Mercury Liquid Collection
Table 5 to Subpart IIIII of Part 63--Required Elements of Floor-Level
Mercury Vapor Measurement and Cell Room Monitoring Plans
Table 6 to Subpart IIIII of Part 63--Examples of Techniques for
Equipment Problem Identification, Leak Detection and Mercury
Vapor Measurements
Table 7 to Subpart IIIII of Part 63--Required Elements of Washdown Plans
Table 8 to Subpart IIIII of Part 63--Requirements for Cell Room
Monitoring Program
Table 9 to Subpart IIIII of Part 63--Required Records for Work Practice
Standards
Table 10 to Subpart IIIII of Part 63--Applicability of General
Provisions to Subpart IIIII

Subpart JJJJJ_National Emission Standards for Hazardous Air Pollutants
for Brick and Structural Clay Products Manufacturing

What This Subpart Covers

63.8380 What is the purpose of this subpart?
63.8385 Am I subject to this subpart?
63.8390 What parts of my plant does this subpart cover?
63.8395 When do I have to comply with this subpart?

[[Page 14]]

Emission Limitations and Work Practice Standards

63.8405 What emission limitations and work practice standards must I
meet?
63.8410 What are my options for meeting the emission limitations and
work practice standards?

General Compliance Requirements

63.8420 What are my general requirements for complying with this
subpart?
63.8425 What do I need to know about operation, maintenance, and
monitoring plans?

Testing and Initial Compliance Requirements

63.8435 By what date must I conduct performance tests?
63.8440 When must I conduct subsequent performance tests?
63.8445 How do I conduct performance tests and establish operating
limits?
63.8450 What are my monitoring installation, operation, and maintenance
requirements?
63.8455 How do I demonstrate initial compliance with the emission
limitations and work practice standards?

Continuous Compliance Requirements

63.8465 How do I monitor and collect data to demonstrate continuous
compliance?
63.8470 How do I demonstrate continuous compliance with the emission
limitations and work practice standards?

Notifications, Reports, and Records

63.8480 What notifications must I submit and when?
63.8485 What reports must I submit and when?
63.8490 What records must I keep?
63.8495 In what form and for how long must I keep my records?

Other Requirements and Information

63.8505 What parts of the General Provisions apply to me?
63.8510 Who implements and enforces this subpart?
63.8515 What definitions apply to this subpart?

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

Subpart KKKKK_National Emission Standards for Hazardous Air Pollutants
for Clay Ceramics Manufacturing

What This Subpart Covers

63.8530 What is the purpose of this subpart?
63.8535 Am I subject to this subpart?
63.8540 What parts of my plant does this subpart cover?
63.8545 When do I have to comply with this subpart?

Emission Limitations and Work Practice Standards

63.8555 What emission limitations and work practice standards must I
meet?
63.8560 What are my options for meeting the emission limitations and
work practice standards?

General Compliance Requirements

63.8570 What are my general requirements for complying with this
subpart?
63.8575 What do I need to know about operation, maintenance, and
monitoring plans?

Testing and Initial Compliance Requirements

63.8585 By what date must I conduct performance tests?
63.8590 When must I conduct subsequent performance tests?
63.8595 How do I conduct performance tests and establish operating
limits?
63.8600 What are my monitoring installation, operation, and maintenance
requirements?
63.8605 How do I demonstrate initial compliance with the emission
limitations and work practice standards?

Continuous Compliance Requirements

63.8615 How do I monitor and collect data to demonstrate continuous
compliance?
63.8620 How do I demonstrate continuous compliance with the emission
limitations and work practice standards?

Notifications, Reports, and Records

63.8630 What notifications must I submit and when?

[[Page 15]]

63.8635 What reports must I submit and when?
63.8640 What records must I keep?
63.8645 In what form and for how long must I keep my records?

Other Requirements and Information

63.8655 What parts of the General Provisions apply to me?
63.8660 Who implements and enforces this subpart?
63.8665 What definitions apply to this subpart?

Tables to Subpart KKKKK of Part 63
Table 1 to Subpart KKKKK of Part 63--Emission Limits
Table 2 to Subpart KKKKK of Part 63--Operating Limits
Table 3 to Subpart KKKKK of Part 63--Work Practice Standards
Table 4 to Subpart KKKKK of Part 63--Requirements for Performance Tests
Table 5 to Subpart KKKKK of Part 63--Toxic Equivalency Factors
Table 6 to Subpart KKKKK of Part 63--Initial Compliance with Emission
Limitations and Work Practice Standards
Table 7 to Subpart KKKKK of Part 63--Continuous Compliance with Emission
Limitations and Work Practice Standards
Table 8 to Subpart KKKKK of Part 63--Compliance Dates
Table 9 to Subpart KKKKK of Part 63--Requirements for Notifications
Table 10 to Subpart KKKKK of Part 63--Requirements for Reports
Table 11 to Subpart KKKKK of Part 63--Applicability of General
Provisions to Subpart KKKKK

Subpart LLLLL_National Emission Standards for Hazardous Air Pollutants:
Asphalt Processing and Asphalt Roofing Manufacturing

What This Subpart Covers

63.8680 What is the purpose of this subpart?
63.8681 Am I subject to this subpart?
63.8682 What parts of my plant does this subpart cover?
63.8683 When must I comply with this subpart?

Emission Limitations

63.8684 What emission limitations and operating limits must I meet?

General Compliance Requirements

63.8685 What are my general requirements for complying with this
subpart?

Testing and Initial Compliance Requirements

63.8686 By what date must I conduct initial performance tests or other
initial compliance demonstrations?
63.8687 What performance tests, design evaluations, and other procedures
must I use?
63.8688 What are my monitoring installation, operation, and maintenance
requirements?
63.8689 How do I demonstrate initial compliance with the emission
limitations?

Continuous Compliance Requirements

63.8690 How do I monitor and collect data to demonstrate continuous
compliance?
63.8691 How do I conduct periodic performance tests and demonstrate
continuous compliance with the emission limitations and
operating limits?

Notifications, Reports, and Records

63.8692 What notifications must I submit and when?
63.8693 What reports must I submit and when?
63.8694 What records must I keep?
63.8695 In what form and how long must I keep my records?

Other Requirements and Information

63.8696 What parts of the General Provisions apply to me?
63.8697 Who implements and enforces this subpart?
63.8698 What definitions apply to this subpart?

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

Subpart MMMMM_National Emission Standards for Hazardous Air Pollutants:
Flexible Polyurethane Foam Fabrication Operations

What This Subpart Covers

63.8780 What is the purpose of this subpart?
63.8782 Am I subject to this subpart?

[[Page 16]]

63.8784 What parts of my plant does this subpart cover?
63.8786 When do I have to comply with this subpart?

Emission Limitations

63.8790 What emission limitations must I meet?

General Compliance Requirements

63.8794 What are my general requirements for complying with this
subpart?

Testing and Initial Compliance Requirements

63.8798 By what date must I conduct performance tests or other initial
compliance demonstrations?
63.8800 What performance tests and other procedures must I use to
demonstrate compliance with the emission limit for flame
lamination?
63.8802 What methods must I use to demonstrate compliance with the
emission limitation for loop slitter adhesive use?
63.8806 How do I demonstrate initial compliance with the emission
limitations?

Continuous Compliance Requirements

63.8810 How do I monitor and collect data to demonstrate continuous
compliance?
63.8812 How do I demonstrate continuous compliance with the emission
limitations?

Notifications, Reports, and Records

63.8816 What notifications must I submit and when?
63.8818 What reports must I submit and when?
63.8820 What records must I keep?
63.8822 In what form and how long must I keep my records?

Other Requirements and Information

63.8826 What parts of the General Provisions apply to me?
63.8828 Who implements and enforces this subpart?
63.8830 What definitions apply to this subpart?

Table 1 to Subpart MMMMM of Part 63--Emission Limits
Table 2 to Subpart MMMMM of Part 63--Operating Limits for New or
Reconstructed Flame Lamination Affected Sources
Table 3 to Subpart MMMMM of Part 63--Performance Test Requirements for
New or Reconstructed Flame Lamination Affected Sources
Table 4 to Subpart MMMMM of Part 63--Initial Compliance With Emission
Limits
Table 5 to Subpart MMMMM of Part 63--Continuous Compliance with Emission
Limits and Operating Limits
Table 6 to Subpart MMMMM of Part 63--Requirements for Reports
Table 7 to Subpart MMMMM of Part 63--Applicability of General Provisions
to Subpart MMMMM

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

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

Subpart ZZZZ_National Emissions Standards for Hazardous Air Pollutants
for Stationary Reciprocating Internal Combustion Engines

Source: 69 FR 33506, June 15, 2004, unless otherwise noted.

What This Subpart Covers

Sec.63.6580 What is the purpose of subpart ZZZZ?

Subpart ZZZZ establishes national emission limitations and operating
limitations for hazardous air pollutants (HAP) emitted from stationary
reciprocating internal combustion engines (RICE) located at major and
area sources of HAP emissions. This subpart also establishes
requirements to demonstrate initial and continuous compliance with the
emission limitations and operating limitations.

[73 FR 3603, Jan. 18, 2008]

Sec.63.6585 Am I subject to this subpart?

You are subject to this subpart if you own or operate a stationary
RICE at a major or area source of HAP emissions, except if the
stationary RICE is being tested at a stationary RICE test cell/stand.
(a) A stationary RICE is any internal combustion engine which uses
reciprocating motion to convert heat energy into mechanical work and
which is not mobile. Stationary RICE differ from mobile RICE in that a
stationary RICE is not a non-road engine as defined at 40 CFR 1068.30,
and is not used to propel a motor vehicle or a vehicle used solely for
competition.
(b) A major source of HAP emissions is a plant site that emits or
has the potential to emit any single HAP at a

[[Page 17]]

rate of 10 tons (9.07 megagrams) or more per year or any combination of
HAP at a rate of 25 tons (22.68 megagrams) or more per year, except that
for oil and gas production facilities, a major source of HAP emissions
is determined for each surface site.
(c) An area source of HAP emissions is a source that is not a major
source.
(d) If you are an owner or operator of an area source subject to
this subpart, your status as an entity subject to a standard or other
requirements under this subpart does not subject you to the obligation
to obtain a permit under 40 CFR part 70 or 71, provided you are not
required to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a
reason other than your status as an area source under this subpart.
Notwithstanding the previous sentence, you must continue to comply with
the provisions of this subpart as applicable.
(e) If you are an owner or operator of a stationary RICE used for
national security purposes, you may be eligible to request an exemption
from the requirements of this subpart as described in 40 CFR part 1068,
subpart C.
(f) The emergency stationary RICE listed in paragraphs (f)(1)
through (3) of this section are not subject to this subpart. The
stationary RICE must meet the definition of an emergency stationary RICE
in Sec.63.6675, which includes operating according to the provisions
specified in Sec.63.6640(f).
(1) Existing residential emergency stationary RICE located at an
area source of HAP emissions that do not operate or are not
contractually obligated to be available for more than 15 hours per
calendar year for the purposes specified in Sec.63.6640(f)(2)(ii) and
(iii) and that do not operate for the purpose specified in Sec.
63.6640(f)(4)(ii).
(2) Existing commercial emergency stationary RICE located at an area
source of HAP emissions that do not operate or are not contractually
obligated to be available for more than 15 hours per calendar year for
the purposes specified in Sec.63.6640(f)(2)(ii) and (iii) and that do
not operate for the purpose specified in Sec.63.6640(f)(4)(ii).
(3) Existing institutional emergency stationary RICE located at an
area source of HAP emissions that do not operate or are not
contractually obligated to be available for more than 15 hours per
calendar year for the purposes specified in Sec.63.6640(f)(2)(ii) and
(iii) and that do not operate for the purpose specified in Sec.
63.6640(f)(4)(ii).

[69 FR 33506, June 15, 2004, as amended at 73 FR 3603, Jan. 18, 2008; 78
FR 6700, Jan. 30, 2013]

Sec.63.6590 What parts of my plant does this subpart cover?

This subpart applies to each affected source.
(a) Affected source. An affected source is any existing, new, or
reconstructed stationary RICE located at a major or area source of HAP
emissions, excluding stationary RICE being tested at a stationary RICE
test cell/stand.
(1) Existing stationary RICE.
(i) For stationary RICE with a site rating of more than 500 brake
horsepower (HP) located at a major source of HAP emissions, a stationary
RICE is existing if you commenced construction or reconstruction of the
stationary RICE before December 19, 2002.
(ii) For stationary RICE with a site rating of less than or equal to
500 brake HP located at a major source of HAP emissions, a stationary
RICE is existing if you commenced construction or reconstruction of the
stationary RICE before June 12, 2006.
(iii) For stationary RICE located at an area source of HAP
emissions, a stationary RICE is existing if you commenced construction
or reconstruction of the stationary RICE before June 12, 2006.
(iv) A change in ownership of an existing stationary RICE does not
make that stationary RICE a new or reconstructed stationary RICE.
(2) New stationary RICE. (i) A stationary RICE with a site rating of
more than 500 brake HP located at a major source of HAP emissions is new
if you commenced construction of the stationary RICE on or after
December 19, 2002.
(ii) A stationary RICE with a site rating of equal to or less than
500 brake HP located at a major source of HAP emissions is new if you
commenced construction of the stationary RICE on or after June 12, 2006.
(iii) A stationary RICE located at an area source of HAP emissions
is new if

[[Page 18]]

you commenced construction of the stationary RICE on or after June 12,
2006.
(3) Reconstructed stationary RICE. (i) A stationary RICE with a site
rating of more than 500 brake HP located at a major source of HAP
emissions is reconstructed if you meet the definition of reconstruction
in Sec.63.2 and reconstruction is commenced on or after December 19,
2002.
(ii) A stationary RICE with a site rating of equal to or less than
500 brake HP located at a major source of HAP emissions is reconstructed
if you meet the definition of reconstruction in Sec.63.2 and
reconstruction is commenced on or after June 12, 2006.
(iii) A stationary RICE located at an area source of HAP emissions
is reconstructed if you meet the definition of reconstruction in Sec.
63.2 and reconstruction is commenced on or after June 12, 2006.
(b) Stationary RICE subject to limited requirements. (1) An affected
source which meets either of the criteria in paragraphs (b)(1)(i)
through (ii) of this section does not have to meet the requirements of
this subpart and of subpart A of this part except for the initial
notification requirements of Sec.63.6645(f).
(i) The stationary RICE is a new or reconstructed emergency
stationary RICE with a site rating of more than 500 brake HP located at
a major source of HAP emissions that does not operate or is not
contractually obligated to be available for more than 15 hours per
calendar year for the purposes specified in Sec.63.6640(f)(2)(ii) and
(iii).
(ii) The stationary RICE is a new or reconstructed limited use
stationary RICE with a site rating of more than 500 brake HP located at
a major source of HAP emissions.
(2) A new or reconstructed stationary RICE with a site rating of
more than 500 brake HP located at a major source of HAP emissions which
combusts landfill or digester gas equivalent to 10 percent or more of
the gross heat input on an annual basis must meet the initial
notification requirements of Sec.63.6645(f) and the requirements of
Sec. Sec.63.6625(c), 63.6650(g), and 63.6655(c). These stationary RICE
do not have to meet the emission limitations and operating limitations
of this subpart.
(3) The following stationary RICE do not have to meet the
requirements of this subpart and of subpart A of this part, including
initial notification requirements:
(i) Existing spark ignition 2 stroke lean burn (2SLB) stationary
RICE with a site rating of more than 500 brake HP located at a major
source of HAP emissions;
(ii) Existing spark ignition 4 stroke lean burn (4SLB) stationary
RICE with a site rating of more than 500 brake HP located at a major
source of HAP emissions;
(iii) Existing emergency stationary RICE with a site rating of more
than 500 brake HP located at a major source of HAP emissions that does
not operate or is not contractually obligated to be available for more
than 15 hours per calendar year for the purposes specified in Sec.
63.6640(f)(2)(ii) and (iii).
(iv) Existing limited use stationary RICE with a site rating of more
than 500 brake HP located at a major source of HAP emissions;
(v) Existing stationary RICE with a site rating of more than 500
brake HP located at a major source of HAP emissions that combusts
landfill gas or digester gas equivalent to 10 percent or more of the
gross heat input on an annual basis;
(c) Stationary RICE subject to Regulations under 40 CFR Part 60. An
affected source that meets any of the criteria in paragraphs (c)(1)
through (7) of this section must meet the requirements of this part by
meeting the requirements of 40 CFR part 60 subpart IIII, for compression
ignition engines or 40 CFR part 60 subpart JJJJ, for spark ignition
engines. No further requirements apply for such engines under this part.
(1) A new or reconstructed stationary RICE located at an area
source;
(2) A new or reconstructed 2SLB stationary RICE with a site rating
of less than or equal to 500 brake HP located at a major source of HAP
emissions;
(3) A new or reconstructed 4SLB stationary RICE with a site rating
of less than 250 brake HP located at a major source of HAP emissions;

[[Page 19]]

(4) A new or reconstructed spark ignition 4 stroke rich burn (4SRB)
stationary RICE with a site rating of less than or equal to 500 brake HP
located at a major source of HAP emissions;
(5) A new or reconstructed stationary RICE with a site rating of
less than or equal to 500 brake HP located at a major source of HAP
emissions which combusts landfill or digester gas equivalent to 10
percent or more of the gross heat input on an annual basis;
(6) A new or reconstructed emergency or limited use stationary RICE
with a site rating of less than or equal to 500 brake HP located at a
major source of HAP emissions;
(7) A new or reconstructed compression ignition (CI) stationary RICE
with a site rating of less than or equal to 500 brake HP located at a
major source of HAP emissions.

[69 FR 33506, June 15, 2004, as amended at 73 FR 3604, Jan. 18, 2008; 75
FR 9674, Mar. 3, 2010; 75 FR 37733, June 30, 2010; 75 FR 51588, Aug. 20,
2010; 78 FR 6700, Jan. 30, 2013]

Sec.63.6595 When do I have to comply with this subpart?

(a) Affected sources. (1) If you have an existing stationary RICE,
excluding existing non-emergency CI stationary RICE, with a site rating
of more than 500 brake HP located at a major source of HAP emissions,
you must comply with the applicable emission limitations, operating
limitations and other requirements no later than June 15, 2007. If you
have an existing non-emergency CI stationary RICE with a site rating of
more than 500 brake HP located at a major source of HAP emissions, an
existing stationary CI RICE with a site rating of less than or equal to
500 brake HP located at a major source of HAP emissions, or an existing
stationary CI RICE located at an area source of HAP emissions, you must
comply with the applicable emission limitations, operating limitations,
and other requirements no later than May 3, 2013. If you have an
existing stationary SI RICE with a site rating of less than or equal to
500 brake HP located at a major source of HAP emissions, or an existing
stationary SI RICE located at an area source of HAP emissions, you must
comply with the applicable emission limitations, operating limitations,
and other requirements no later than October 19, 2013.
(2) If you start up your new or reconstructed stationary RICE with a
site rating of more than 500 brake HP located at a major source of HAP
emissions before August 16, 2004, you must comply with the applicable
emission limitations and operating limitations in this subpart no later
than August 16, 2004.
(3) If you start up your new or reconstructed stationary RICE with a
site rating of more than 500 brake HP located at a major source of HAP
emissions after August 16, 2004, you must comply with the applicable
emission limitations and operating limitations in this subpart upon
startup of your affected source.
(4) If you start up your new or reconstructed stationary RICE with a
site rating of less than or equal to 500 brake HP located at a major
source of HAP emissions before January 18, 2008, you must comply with
the applicable emission limitations and operating limitations in this
subpart no later than January 18, 2008.
(5) If you start up your new or reconstructed stationary RICE with a
site rating of less than or equal to 500 brake HP located at a major
source of HAP emissions after January 18, 2008, you must comply with the
applicable emission limitations and operating limitations in this
subpart upon startup of your affected source.
(6) If you start up your new or reconstructed stationary RICE
located at an area source of HAP emissions before January 18, 2008, you
must comply with the applicable emission limitations and operating
limitations in this subpart no later than January 18, 2008.
(7) If you start up your new or reconstructed stationary RICE
located at an area source of HAP emissions after January 18, 2008, you
must comply with the applicable emission limitations and operating
limitations in this subpart upon startup of your affected source.
(b) Area sources that become major sources. If you have an area
source that increases its emissions or its potential to emit such that
it becomes a major source of HAP, the compliance dates in paragraphs
(b)(1) and (2) of this section apply to you.

[[Page 20]]

(1) Any stationary RICE for which construction or reconstruction is
commenced after the date when your area source becomes a major source of
HAP must be in compliance with this subpart upon startup of your
affected source.
(2) Any stationary RICE for which construction or reconstruction is
commenced before your area source becomes a major source of HAP must be
in compliance with the provisions of this subpart that are applicable to
RICE located at major sources within 3 years after your area source
becomes a major source of HAP.
(c) If you own or operate an affected source, you must meet the
applicable notification requirements in Sec.63.6645 and in 40 CFR part
63, subpart A.

[69 FR 33506, June 15, 2004, as amended at 73 FR 3604, Jan. 18, 2008; 75
FR 9675, Mar. 3, 2010; 75 FR 51589, Aug. 20, 2010; 78 FR 6701, Jan. 30,
2013]

Emission and Operating Limitations

Sec.63.6600 What emission limitations and operating limitations must
I meet if I own or operate a stationary RICE with a site rating of
more than 500 brake HP located at a major source of HAP emissions?

[73 FR 3605, Jan. 18, 2008, as amended at 75 FR 9675, Mar. 3, 2010]

Sec.63.6601 What emission limitations must I meet if I own or operate
a new or reconstructed 4SLB stationary RICE with a site rating of
greater than or equal to 250 brake HP and less than or equal to 500
brake HP located at a major source of HAP emissions?

[[Page 21]]

limitations in Table 2b to this subpart which apply to you.

[73 FR 3605, Jan. 18, 2008, as amended at 75 FR 9675, Mar. 3, 2010; 75
FR 51589, Aug. 20, 2010]

Sec.63.6602 What emission limitations and other requirements must
I meet if I own or operate an existing stationary RICE with a site
rating of equal to or less than 500 brake HP located at a major
source of HAP emissions?

If you own or operate an existing stationary RICE with a site rating
of equal to or less than 500 brake HP located at a major source of HAP
emissions, you must comply with the emission limitations and other
requirements in Table 2c to this subpart which apply to you. Compliance
with the numerical emission limitations established in this subpart is
based on the results of testing the average of three 1-hour runs using
the testing requirements and procedures in Sec.63.6620 and Table 4 to
this subpart.

[78 FR 6701, Jan. 30, 2013]

Sec.63.6603 What emission limitations, operating limitations, and
other requirements must I meet if I own or operate an existing
stationary RICE located at an area source of HAP emissions?

Compliance with the numerical emission limitations established in
this subpart is based on the results of testing the average of three 1-
hour runs using the testing requirements and procedures in Sec.63.6620
and Table 4 to this subpart.
(a) If you own or operate an existing stationary RICE located at an
area source of HAP emissions, you must comply with the requirements in
Table 2d to this subpart and the operating limitations in Table 2b to
this subpart that apply to you.
(b) If you own or operate an existing stationary non-emergency CI
RICE with a site rating of more than 300 HP located at an area source of
HAP that meets either paragraph (b)(1) or (2) of this section, you do
not have to meet the numerical CO emission limitations specified in
Table 2d of this subpart. Existing stationary non-emergency CI RICE with
a site rating of more than 300 HP located at an area source of HAP that
meet either paragraph (b)(1) or (2) of this section must meet the
management practices that are shown for stationary non-emergency CI RICE
with a site rating of less than or equal to 300 HP in Table 2d of this
subpart.
(1) The area source is located in an area of Alaska that is not
accessible by the Federal Aid Highway System (FAHS).
(2) The stationary RICE is located at an area source that meets
paragraphs (b)(2)(i), (ii), and (iii) of this section.
(i) The only connection to the FAHS is through the Alaska Marine
Highway System (AMHS), or the stationary RICE operation is within an
isolated grid in Alaska that is not connected to the statewide
electrical grid referred to as the Alaska Railbelt Grid.
(ii) At least 10 percent of the power generated by the stationary
RICE on an annual basis is used for residential purposes.
(iii) The generating capacity of the area source is less than 12
megawatts, or the stationary RICE is used exclusively for backup power
for renewable energy.
(c) If you own or operate an existing stationary non-emergency CI
RICE with a site rating of more than 300 HP located on an offshore
vessel that is an area source of HAP and is a nonroad vehicle that is an
Outer Continental Shelf (OCS) source as defined in 40 CFR 55.2, you do
not have to meet the numerical CO emission limitations specified in
Table 2d of this subpart. You must meet all of the following management
practices:
(1) Change oil every 1,000 hours of operation or annually, whichever
comes first. Sources have the option to utilize an oil analysis program
as described in Sec.63.6625(i) in order to extend the specified oil
change requirement.
(2) Inspect and clean air filters every 750 hours of operation or
annually, whichever comes first, and replace as necessary.
(3) Inspect fuel filters and belts, if installed, every 750 hours of
operation or annually, whichever comes first, and replace as necessary.
(4) Inspect all flexible hoses every 1,000 hours of operation or
annually, whichever comes first, and replace as necessary.

[[Page 22]]

(d) If you own or operate an existing non-emergency CI RICE with a
site rating of more than 300 HP located at an area source of HAP
emissions that is certified to the Tier 1 or Tier 2 emission standards
in Table 1 of 40 CFR 89.112 and that is subject to an enforceable state
or local standard that requires the engine to be replaced no later than
June 1, 2018, you may until January 1, 2015, or 12 years after the
installation date of the engine (whichever is later), but not later than
June 1, 2018, choose to comply with the management practices that are
shown for stationary non-emergency CI RICE with a site rating of less
than or equal to 300 HP in Table 2d of this subpart instead of the
applicable emission limitations in Table 2d, operating limitations in
Table 2b, and crankcase ventilation system requirements in Sec.
63.6625(g). You must comply with the emission limitations in Table 2d
and operating limitations in Table 2b that apply for non-emergency CI
RICE with a site rating of more than 300 HP located at an area source of
HAP emissions by January 1, 2015, or 12 years after the installation
date of the engine (whichever is later), but not later than June 1,
2018. You must also comply with the crankcase ventilation system
requirements in Sec.63.6625(g) by January 1, 2015, or 12 years after
the installation date of the engine (whichever is later), but not later
than June 1, 2018.
(e) If you own or operate an existing non-emergency CI RICE with a
site rating of more than 300 HP located at an area source of HAP
emissions that is certified to the Tier 3 (Tier 2 for engines above 560
kilowatt (kW)) emission standards in Table 1 of 40 CFR 89.112, you may
comply with the requirements under this part by meeting the requirements
for Tier 3 engines (Tier 2 for engines above 560 kW) in 40 CFR part 60
subpart IIII instead of the emission limitations and other requirements
that would otherwise apply under this part for existing non-emergency CI
RICE with a site rating of more than 300 HP located at an area source of
HAP emissions.
(f) An existing non-emergency SI 4SLB and 4SRB stationary RICE with
a site rating of more than 500 HP located at area sources of HAP must
meet the definition of remote stationary RICE in Sec.63.6675 on the
initial compliance date for the engine, October 19, 2013, in order to be
considered a remote stationary RICE under this subpart. Owners and
operators of existing non-emergency SI 4SLB and 4SRB stationary RICE
with a site rating of more than 500 HP located at area sources of HAP
that meet the definition of remote stationary RICE in Sec.63.6675 of
this subpart as of October 19, 2013 must evaluate the status of their
stationary RICE every 12 months. Owners and operators must keep records
of the initial and annual evaluation of the status of the engine. If the
evaluation indicates that the stationary RICE no longer meets the
definition of remote stationary RICE in Sec.63.6675 of this subpart,
the owner or operator must comply with all of the requirements for
existing non-emergency SI 4SLB and 4SRB stationary RICE with a site
rating of more than 500 HP located at area sources of HAP that are not
remote stationary RICE within 1 year of the evaluation.

[75 FR 9675, Mar. 3, 2010, as amended at 75 FR 51589, Aug. 20, 2010; 76
FR 12866, Mar. 9, 2011; 78 FR 6701, Jan. 30, 2013]

Sec.63.6604 What fuel requirements must I meet if I own or operate
a stationary CI RICE?

(a) If you own or operate an existing non-emergency, non-black start
CI stationary RICE with a site rating of more than 300 brake HP with a
displacement of less than 30 liters per cylinder that uses diesel fuel,
you must use diesel fuel that meets the requirements in 40 CFR 80.510(b)
for nonroad diesel fuel.
(b) Beginning January 1, 2015, if you own or operate an existing
emergency CI stationary RICE with a site rating of more than 100 brake
HP and a displacement of less than 30 liters per cylinder that uses
diesel fuel and operates or is contractually obligated to be available
for more than 15 hours per calendar year for the purposes specified in
Sec.63.6640(f)(2)(ii) and (iii) or that operates for the purpose
specified in Sec.63.6640(f)(4)(ii), you must use diesel fuel that
meets the requirements in 40 CFR 80.510(b) for nonroad diesel fuel,
except that any existing diesel fuel purchased (or otherwise obtained)
prior

[[Page 23]]

to January 1, 2015, may be used until depleted.
(c) Beginning January 1, 2015, if you own or operate a new emergency
CI stationary RICE with a site rating of more than 500 brake HP and a
displacement of less than 30 liters per cylinder located at a major
source of HAP that uses diesel fuel and operates or is contractually
obligated to be available for more than 15 hours per calendar year for
the purposes specified in Sec.63.6640(f)(2)(ii) and (iii), you must
use diesel fuel that meets the requirements in 40 CFR 80.510(b) for
nonroad diesel fuel, except that any existing diesel fuel purchased (or
otherwise obtained) prior to January 1, 2015, may be used until
depleted.
(d) Existing CI stationary RICE located in Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, at area sources in areas
of Alaska that meet either Sec.63.6603(b)(1) or Sec.63.6603(b)(2),
or are on offshore vessels that meet Sec.63.6603(c) are exempt from
the requirements of this section.

[78 FR 6702, Jan. 30, 2013]

General Compliance Requirements

Sec.63.6605 What are my general requirements for complying with
this subpart?

(a) You must be in compliance with the emission limitations,
operating limitations, and other requirements in this subpart that apply
to you at all times.
(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 of whether such operation and maintenance procedures are
being used will be based on information available to the Administrator
which may include, but is not limited to, monitoring results, review of
operation and maintenance procedures, review of operation and
maintenance records, and inspection of the source.

[75 FR 9675, Mar. 3, 2010, as amended at 78 FR 6702, Jan. 30, 2013]

Testing and Initial Compliance Requirements

Sec.63.6610 By what date must I conduct the initial performance
tests or other initial compliance demonstrations if I own or operate
a stationary RICE with a site rating of more than 500 brake HP located
at a major source of HAP emissions?

If you own or operate a stationary RICE with a site rating of more
than 500 brake HP located at a major source of HAP emissions you are
subject to the requirements of this section.
(a) You must conduct the initial performance test or other initial
compliance demonstrations in Table 4 to this subpart that apply to you
within 180 days after the compliance date that is specified for your
stationary RICE in Sec.63.6595 and according to the provisions in
Sec.63.7(a)(2).
(b) If you commenced construction or reconstruction between December
19, 2002 and June 15, 2004 and own or operate stationary RICE with a
site rating of more than 500 brake HP located at a major source of HAP
emissions, you must demonstrate initial compliance with either the
proposed emission limitations or the promulgated emission limitations no
later than February 10, 2005 or no later than 180 days after startup of
the source, whichever is later, according to Sec.63.7(a)(2)(ix).
(c) If you commenced construction or reconstruction between December
19, 2002 and June 15, 2004 and own or operate stationary RICE with a
site rating of more than 500 brake HP located at a major source of HAP
emissions, and you chose to comply with the proposed emission
limitations when demonstrating initial compliance, you must conduct a
second performance test to demonstrate compliance with the promulgated
emission limitations by December 13, 2007 or after startup of the
source, whichever is later, according to Sec.63.7(a)(2)(ix).

[[Page 24]]

(d) An owner or operator is not required to conduct an initial
performance test on units for which a performance test has been
previously conducted, but the test must meet all of the conditions
described in paragraphs (d)(1) through (5) of this section.
(1) The test must have been conducted using the same methods
specified in this subpart, and these methods must have been followed
correctly.
(2) The test must not be older than 2 years.
(3) The test must be reviewed and accepted by the Administrator.
(4) Either no process or equipment changes must have been made since
the test was performed, or the owner or operator must be able to
demonstrate that the results of the performance test, with or without
adjustments, reliably demonstrate compliance despite process or
equipment changes.
(5) The test must be conducted at any load condition within plus or
minus 10 percent of 100 percent load.

[69 FR 33506, June 15, 2004, as amended at 73 FR 3605, Jan. 18, 2008]

Sec.63.6611 By what date must I conduct the initial performance tests
or other initial compliance demonstrations if I own or operate a new
or reconstructed 4SLB SI stationary RICE with a site rating of greater
than or equal to 250 and less than or equal to 500 brake HP located
at a major source of HAP emissions?

If you own or operate a new or reconstructed 4SLB stationary RICE
with a site rating of greater than or equal to 250 and less than or
equal to 500 brake HP located at a major source of HAP emissions, you
must conduct an initial performance test within 240 days after the
compliance date that is specified for your stationary RICE in Sec.
63.6595 and according to the provisions specified in Table 4 to this
subpart, as appropriate.

[73 FR 3605, Jan. 18, 2008, as amended at 75 FR 51589, Aug. 20, 2010]

Sec.63.6612 By what date must I conduct the initial performance tests
or other initial compliance demonstrations if I own or operate an
existing stationary RICE with a site rating of less than or equal to
500 brake HP located at a major source of HAP emissions or an existing
stationary RICE located at an area source of HAP emissions?

If you own or operate an existing stationary RICE with a site rating
of less than or equal to 500 brake HP located at a major source of HAP
emissions or an existing stationary RICE located at an area source of
HAP emissions you are subject to the requirements of this section.
(a) You must conduct any initial performance test or other initial
compliance demonstration according to Tables 4 and 5 to this subpart
that apply to you within 180 days after the compliance date that is
specified for your stationary RICE in Sec.63.6595 and according to the
provisions in Sec.63.7(a)(2).
(b) An owner or operator is not required to conduct an initial
performance test on a unit for which a performance test has been
previously conducted, but the test must meet all of the conditions
described in paragraphs (b)(1) through (4) of this section.
(1) The test must have been conducted using the same methods
specified in this subpart, and these methods must have been followed
correctly.
(2) The test must not be older than 2 years.
(3) The test must be reviewed and accepted by the Administrator.
(4) Either no process or equipment changes must have been made since
the test was performed, or the owner or operator must be able to
demonstrate that the results of the performance test, with or without
adjustments, reliably demonstrate compliance despite process or
equipment changes.

[75 FR 9676, Mar. 3, 2010, as amended at 75 FR 51589, Aug. 20, 2010]

Sec.63.6615 When must I conduct subsequent performance tests?

If you must comply with the emission limitations and operating
limitations, you must conduct subsequent performance tests as specified
in Table 3 of this subpart.

[[Page 25]]

Sec.63.6620 What performance tests and other procedures must I use?

(a) You must conduct each performance test in Tables 3 and 4 of this
subpart that applies to you.
(b) Each performance test must be conducted according to the
requirements that this subpart specifies in Table 4 to this subpart. If
you own or operate a non-operational stationary RICE that is subject to
performance testing, you do not need to start up the engine solely to
conduct the performance test. Owners and operators of a non-operational
engine can conduct the performance test when the engine is started up
again. The test must be conducted at any load condition within plus or
minus 10 percent of 100 percent load for the stationary RICE listed in
paragraphs (b)(1) through (4) of this section.
(1) Non-emergency 4SRB stationary RICE with a site rating of greater
than 500 brake HP located at a major source of HAP emissions.
(2) New non-emergency 4SLB stationary RICE with a site rating of
greater than or equal to 250 brake HP located at a major source of HAP
emissions.
(3) New non-emergency 2SLB stationary RICE with a site rating of
greater than 500 brake HP located at a major source of HAP emissions.
(4) New non-emergency CI stationary RICE with a site rating of
greater than 500 brake HP located at a major source of HAP emissions.
(c) [Reserved]
(d) You must conduct three separate test runs for each performance
test required in this section, as specified in Sec.63.7(e)(3). Each
test run must last at least 1 hour, unless otherwise specified in this
subpart.
(e)(1) You must use Equation 1 of this section to determine
compliance with the percent reduction requirement:
[GRAPHIC] [TIFF OMITTED] TR30JA13.007

Where:

Ci = concentration of carbon monoxide (CO), total
hydrocarbons (THC), or formaldehyde at the control device
inlet,
Co = concentration of CO, THC, or formaldehyde at the control
device outlet, and
R = percent reduction of CO, THC, or formaldehyde emissions.

(2) You must normalize the CO, THC, or formaldehyde concentrations
at the inlet and outlet of the control device to a dry basis and to 15
percent oxygen, or an equivalent percent carbon dioxide
(CO2). If pollutant concentrations are to be corrected to 15
percent oxygen and CO2 concentration is measured in lieu of
oxygen concentration measurement, a CO2 correction factor is
needed. Calculate the CO2 correction factor as described in
paragraphs (e)(2)(i) through (iii) of this section.
(i) Calculate the fuel-specific Fo value for the fuel
burned during the test using values obtained from Method 19, Section
5.2, and the following equation:
[GRAPHIC] [TIFF OMITTED] TR30JA13.008

Where:

Fo = Fuel factor based on the ratio of oxygen volume to the
ultimate CO2 volume produced by the fuel at zero
percent excess air.
0.209 = Fraction of air that is oxygen, percent/100.
Fd = Ratio of the volume of dry effluent gas to the gross
calorific value of the fuel from Method 19, dsm\3\/J (dscf/
10\6\ Btu).

[[Page 26]]

Fc = Ratio of the volume of CO2 produced to the
gross calorific value of the fuel from Method 19, dsm\3\/J
(dscf/10\6\ Btu)

(ii) Calculate the CO2 correction factor for correcting
measurement data to 15 percent O2, as follows:
[GRAPHIC] [TIFF OMITTED] TR30JA13.009

Where:

XCO2 = CO2 correction factor, percent.
5.9 = 20.9 percent O2--15 percent O2, the defined
O2 correction value, percent.
(iii) Calculate the CO, THC, and formaldehyde gas concentrations
adjusted to 15 percent O2 using CO2 as follows:
[GRAPHIC] [TIFF OMITTED] TR30JA13.010

Where:

Cadj = Calculated concentration of CO, THC, or formaldehyde
adjusted to 15 percent O2.
Cd = Measured concentration of CO, THC, or formaldehyde,
uncorrected.
XCO2 = CO2 correction factor, percent.
%CO2 = Measured CO2 concentration measured, dry
basis, percent.

(f) If you comply with the emission limitation to reduce CO and you
are not using an oxidation catalyst, if you comply with the emission
limitation to reduce formaldehyde and you are not using NSCR, or if you
comply with the emission limitation to limit the concentration of
formaldehyde in the stationary RICE exhaust and you are not using an
oxidation catalyst or NSCR, you must petition the Administrator for
operating limitations to be established during the initial performance
test and continuously monitored thereafter; or for approval of no
operating limitations. You must not conduct the initial performance test
until after the petition has been approved by the Administrator.
(g) If you petition the Administrator for approval of operating
limitations, your petition must include the information described in
paragraphs (g)(1) through (5) of this section.
(1) Identification of the specific parameters you propose to use as
operating limitations;
(2) A discussion of the relationship between these parameters and
HAP emissions, identifying how HAP emissions change with changes in
these parameters, and how limitations on these parameters will serve to
limit HAP emissions;
(3) A discussion of how you will establish the upper and/or lower
values for these parameters which will establish the limits on these
parameters in the operating limitations;
(4) A discussion identifying the methods you will use to measure and
the instruments you will use to monitor these parameters, as well as the
relative accuracy and precision of these methods and instruments; and
(5) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.
(h) If you petition the Administrator for approval of no operating
limitations, your petition must include the information described in
paragraphs (h)(1) through (7) of this section.
(1) Identification of the parameters associated with operation of
the stationary RICE and any emission control device which could change
intentionally (e.g., operator adjustment, automatic controller
adjustment, etc.) or unintentionally (e.g., wear and tear, error, etc.)
on a routine basis or over time;
(2) A discussion of the relationship, if any, between changes in the
parameters and changes in HAP emissions;

[[Page 27]]

(3) For the parameters which could change in such a way as to
increase HAP emissions, a discussion of whether establishing limitations
on the parameters would serve to limit HAP emissions;
(4) For the parameters which could change in such a way as to
increase HAP emissions, a discussion of how you could establish upper
and/or lower values for the parameters which would establish limits on
the parameters in operating limitations;
(5) For the parameters, a discussion identifying the methods you
could use to measure them and the instruments you could use to monitor
them, as well as the relative accuracy and precision of the methods and
instruments;
(6) For the parameters, a discussion identifying the frequency and
methods for recalibrating the instruments you could use to monitor them;
and
(7) A discussion of why, from your point of view, it is infeasible
or unreasonable to adopt the parameters as operating limitations.
(i) The engine percent load during a performance test must be
determined by documenting the calculations, assumptions, and measurement
devices used to measure or estimate the percent load in a specific
application. A written report of the average percent load determination
must be included in the notification of compliance status. The following
information must be included in the written report: the engine model
number, the engine manufacturer, the year of purchase, the
manufacturer's site-rated brake horsepower, the ambient temperature,
pressure, and humidity during the performance test, and all assumptions
that were made to estimate or calculate percent load during the
performance test must be clearly explained. If measurement devices such
as flow meters, kilowatt meters, beta analyzers, stain gauges, etc. are
used, the model number of the measurement device, and an estimate of its
accurate in percentage of true value must be provided.

[69 FR 33506, June 15, 2004, as amended at 75 FR 9676, Mar. 3, 2010; 78
FR 6702, Jan. 30, 2013]

Sec.63.6625 What are my monitoring, installation, collection,
operation, and maintenance requirements?

(a) If you elect to install a CEMS as specified in Table 5 of this
subpart, you must install, operate, and maintain a CEMS to monitor CO
and either O2 or CO2 according to the requirements
in paragraphs (a)(1) through (4) of this section. If you are meeting a
requirement to reduce CO emissions, the CEMS must be installed at both
the inlet and outlet of the control device. If you are meeting a
requirement to limit the concentration of CO, the CEMS must be installed
at the outlet of the control device.
(1) Each CEMS must be installed, operated, and maintained according
to the applicable performance specifications of 40 CFR part 60, appendix
B.
(2) You must conduct an initial performance evaluation and an annual
relative accuracy test audit (RATA) of each CEMS according to the
requirements in Sec.63.8 and according to the applicable performance
specifications of 40 CFR part 60, appendix B as well as daily and
periodic data quality checks in accordance with 40 CFR part 60, appendix
F, procedure 1.
(3) As specified in Sec.63.8(c)(4)(ii), each CEMS must complete a
minimum of one cycle of operation (sampling, analyzing, and data
recording) for each successive 15-minute period. You must have at least
two data points, with each representing a different 15-minute period, to
have a valid hour of data.
(4) The CEMS data must be reduced as specified in Sec.63.8(g)(2)
and recorded in parts per million or parts per billion (as appropriate
for the applicable limitation) at 15 percent oxygen or the equivalent
CO2 concentration.
(b) If you are required to install a continuous parameter monitoring
system (CPMS) as specified in Table 5 of this subpart, you must install,
operate, and maintain each CPMS according to the requirements in
paragraphs (b)(1) through (6) of this section. For an affected source
that is complying with the emission limitations and operating
limitations on March 9, 2011, the requirements in paragraph (b) of this
section are applicable September 6, 2011.
(1) You must prepare a site-specific monitoring plan that addresses
the

[[Page 28]]

monitoring system design, data collection, and the quality assurance and
quality control elements outlined in paragraphs (b)(1)(i) through (v) of
this section and in Sec.63.8(d). As specified in Sec.63.8(f)(4), you
may request approval of monitoring system quality assurance and quality
control procedures alternative to those specified in paragraphs (b)(1)
through (5) of this section in your site-specific monitoring plan.
(i) The performance criteria and design specifications for the
monitoring system equipment, including the sample interface, detector
signal analyzer, and data acquisition and calculations;
(ii) Sampling interface (e.g., thermocouple) location such that the
monitoring system will provide representative measurements;
(iii) Equipment performance evaluations, system accuracy audits, or
other audit procedures;
(iv) Ongoing operation and maintenance procedures in accordance with
provisions in Sec.63.8(c)(1)(ii) and (c)(3); and
(v) Ongoing reporting and recordkeeping procedures in accordance
with provisions in Sec.63.10(c), (e)(1), and (e)(2)(i).
(2) You must install, operate, and maintain each CPMS in continuous
operation according to the procedures in your site-specific monitoring
plan.
(3) The CPMS must collect data at least once every 15 minutes (see
also Sec.63.6635).
(4) For a CPMS for measuring temperature range, the temperature
sensor must have a minimum tolerance of 2.8 degrees Celsius (5 degrees
Fahrenheit) or 1 percent of the measurement range, whichever is larger.
(5) You must conduct the CPMS equipment performance evaluation,
system accuracy audits, or other audit procedures specified in your
site-specific monitoring plan at least annually.
(6) You must conduct a performance evaluation of each CPMS in
accordance with your site-specific monitoring plan.
(c) If you are operating a new or reconstructed stationary RICE
which fires landfill gas or digester gas equivalent to 10 percent or
more of the gross heat input on an annual basis, you must monitor and
record your fuel usage daily with separate fuel meters to measure the
volumetric flow rate of each fuel. In addition, you must operate your
stationary RICE in a manner which reasonably minimizes HAP emissions.
(d) If you are operating a new or reconstructed emergency 4SLB
stationary RICE with a site rating of greater than or equal to 250 and
less than or equal to 500 brake HP located at a major source of HAP
emissions, you must install a non-resettable hour meter prior to the
startup of the engine.
(e) If you own or operate any of the following stationary RICE, you
must operate and maintain the stationary RICE and after-treatment
control device (if any) according to the manufacturer's emission-related
written instructions or develop your own maintenance plan which must
provide to the extent practicable for the maintenance and operation of
the engine in a manner consistent with good air pollution control
practice for minimizing emissions:
(1) An existing stationary RICE with a site rating of less than 100
HP located at a major source of HAP emissions;
(2) An existing emergency or black start stationary RICE with a site
rating of less than or equal to 500 HP located at a major source of HAP
emissions;
(3) An existing emergency or black start stationary RICE located at
an area source of HAP emissions;
(4) An existing non-emergency, non-black start stationary CI RICE
with a site rating less than or equal to 300 HP located at an area
source of HAP emissions;
(5) An existing non-emergency, non-black start 2SLB stationary RICE
located at an area source of HAP emissions;
(6) An existing non-emergency, non-black start stationary RICE
located at an area source of HAP emissions which combusts landfill or
digester gas equivalent to 10 percent or more of the gross heat input on
an annual basis.
(7) An existing non-emergency, non-black start 4SLB stationary RICE
with a site rating less than or equal to 500 HP located at an area
source of HAP emissions;

[[Page 29]]

(8) An existing non-emergency, non-black start 4SRB stationary RICE
with a site rating less than or equal to 500 HP located at an area
source of HAP emissions;
(9) An existing, non-emergency, non-black start 4SLB stationary RICE
with a site rating greater than 500 HP located at an area source of HAP
emissions that is operated 24 hours or less per calendar year; and
(10) An existing, non-emergency, non-black start 4SRB stationary
RICE with a site rating greater than 500 HP located at an area source of
HAP emissions that is operated 24 hours or less per calendar year.
(f) If you own or operate an existing emergency stationary RICE with
a site rating of less than or equal to 500 brake HP located at a major
source of HAP emissions or an existing emergency stationary RICE located
at an area source of HAP emissions, you must install a non-resettable
hour meter if one is not already installed.
(g) If you own or operate an existing non-emergency, non-black start
CI engine greater than or equal to 300 HP that is not equipped with a
closed crankcase ventilation system, you must comply with either
paragraph (g)(1) or paragraph (2) of this section. Owners and operators
must follow the manufacturer's specified maintenance requirements for
operating and maintaining the open or closed crankcase ventilation
systems and replacing the crankcase filters, or can request the
Administrator to approve different maintenance requirements that are as
protective as manufacturer requirements. Existing CI engines located at
area sources in areas of Alaska that meet either Sec.63.6603(b)(1) or
Sec.63.6603(b)(2) do not have to meet the requirements of this
paragraph (g). Existing CI engines located on offshore vessels that meet
Sec.63.6603(c) do not have to meet the requirements of this paragraph
(g).
(1) Install a closed crankcase ventilation system that prevents
crankcase emissions from being emitted to the atmosphere, or
(2) Install an open crankcase filtration emission control system
that reduces emissions from the crankcase by filtering the exhaust
stream to remove oil mist, particulates and metals.
(h) If you operate a new, reconstructed, or existing stationary
engine, you must minimize the engine's time spent at idle during startup
and minimize the engine's startup time to a period needed for
appropriate and safe loading of the engine, not to exceed 30 minutes,
after which time the emission standards applicable to all times other
than startup in Tables 1a, 2a, 2c, and 2d to this subpart apply.
(i) If you own or operate a stationary CI engine that is subject to
the work, operation or management practices in items 1 or 2 of Table 2c
to this subpart or in items 1 or 4 of Table 2d to this subpart, you have
the option of utilizing an oil analysis program in order to extend the
specified oil change requirement in Tables 2c and 2d to this subpart.
The oil analysis must be performed at the same frequency specified for
changing the oil in Table 2c or 2d to this subpart. The analysis program
must at a minimum analyze the following three parameters: Total Base
Number, viscosity, and percent water content. The condemning limits for
these parameters are as follows: Total Base Number is less than 30
percent of the Total Base Number of the oil when new; viscosity of the
oil has changed by more than 20 percent from the viscosity of the oil
when new; or percent water content (by volume) is greater than 0.5. If
all of these condemning limits are not exceeded, the engine owner or
operator is not required to change the oil. If any of the limits are
exceeded, the engine owner or operator must change the oil within 2
business days of receiving the results of the analysis; if the engine is
not in operation when the results of the analysis are received, the
engine owner or operator must change the oil within 2 business days or
before commencing operation, whichever is later. The owner or operator
must keep records of the parameters that are analyzed as part of the
program, the results of the analysis, and the oil changes for the
engine. The analysis program must be part of the maintenance plan for
the engine.
(j) If you own or operate a stationary SI engine that is subject to
the work, operation or management practices in

[[Page 30]]

items 6, 7, or 8 of Table 2c to this subpart or in items 5, 6, 7, 9, or
11 of Table 2d to this subpart, you have the option of utilizing an oil
analysis program in order to extend the specified oil change requirement
in Tables 2c and 2d to this subpart. The oil analysis must be performed
at the same frequency specified for changing the oil in Table 2c or 2d
to this subpart. The analysis program must at a minimum analyze the
following three parameters: Total Acid Number, viscosity, and percent
water content. The condemning limits for these parameters are as
follows: Total Acid Number increases by more than 3.0 milligrams of
potassium hydroxide (KOH) per gram from Total Acid Number of the oil
when new; viscosity of the oil has changed by more than 20 percent from
the viscosity of the oil when new; or percent water content (by volume)
is greater than 0.5. If all of these condemning limits are not exceeded,
the engine owner or operator is not required to change the oil. If any
of the limits are exceeded, the engine owner or operator must change the
oil within 2 business days of receiving the results of the analysis; if
the engine is not in operation when the results of the analysis are
received, the engine owner or operator must change the oil within 2
business days or before commencing operation, whichever is later. The
owner or operator must keep records of the parameters that are analyzed
as part of the program, the results of the analysis, and the oil changes
for the engine. The analysis program must be part of the maintenance
plan for the engine.

[69 FR 33506, June 15, 2004, as amended at 73 FR 3606, Jan. 18, 2008; 75
FR 9676, Mar. 3, 2010; 75 FR 51589, Aug. 20, 2010; 76 FR 12866, Mar. 9,
2011; 78 FR 6703, Jan. 30, 2013]

Sec.63.6630 How do I demonstrate initial compliance with the emission
limitations, operating limitations, and other requirements?

(a) You must demonstrate initial compliance with each emission
limitation, operating limitation, and other requirement that applies to
you according to Table 5 of this subpart.
(b) During the initial performance test, you must establish each
operating limitation in Tables 1b and 2b of this subpart that applies to
you.
(c) You must submit the Notification of Compliance Status containing
the results of the initial compliance demonstration according to the
requirements in Sec.63.6645.
(d) Non-emergency 4SRB stationary RICE complying with the
requirement to reduce formaldehyde emissions by 76 percent or more can
demonstrate initial compliance with the formaldehyde emission limit by
testing for THC instead of formaldehyde. The testing must be conducted
according to the requirements in Table 4 of this subpart. The average
reduction of emissions of THC determined from the performance test must
be equal to or greater than 30 percent.
(e) The initial compliance demonstration required for existing non-
emergency 4SLB and 4SRB stationary RICE with a site rating of more than
500 HP located at an area source of HAP that are not remote stationary
RICE and that are operated more than 24 hours per calendar year must be
conducted according to the following requirements:
(1) The compliance demonstration must consist of at least three test
runs.
(2) Each test run must be of at least 15 minute duration, except
that each test conducted using the method in appendix A to this subpart
must consist of at least one measurement cycle and include at least 2
minutes of test data phase measurement.
(3) If you are demonstrating compliance with the CO concentration or
CO percent reduction requirement, you must measure CO emissions using
one of the CO measurement methods specified in Table 4 of this subpart,
or using appendix A to this subpart.
(4) If you are demonstrating compliance with the THC percent
reduction requirement, you must measure THC emissions using Method 25A,
reported as propane, of 40 CFR part 60, appendix A.
(5) You must measure O2 using one of the O2
measurement methods specified in Table 4 of this subpart. Measurements
to determine O2 concentration must be made at the same time
as the measurements for CO or THC concentration.

[[Page 31]]

[69 FR 33506, June 15, 2004, as amended at 78 FR 6704, Jan. 30, 2013]

Continuous Compliance Requirements

Sec.63.6635 How do I monitor and collect data to demonstrate
continuous compliance?

(a) If you must comply with emission and operating limitations, you
must monitor and collect data according to this section.
(b) Except for monitor malfunctions, associated repairs, required
performance evaluations, and required quality assurance or control
activities, you must monitor continuously at all times that the
stationary RICE is operating. A monitoring malfunction is any sudden,
infrequent, not reasonably preventable failure of the monitoring to
provide valid data. Monitoring failures that are caused in part by poor
maintenance or careless operation are not malfunctions.
(c) You may not use data recorded during monitoring malfunctions,
associated repairs, and required quality assurance or control activities
in data averages and calculations used to report emission or operating
levels. You must, however, use all the valid data collected during all
other periods.

[69 FR 33506, June 15, 2004, as amended at 76 FR 12867, Mar. 9, 2011]

Sec.63.6640 How do I demonstrate continuous compliance with the emission limitations, operating limitations, and other requirements?

(a) You must demonstrate continuous compliance with each emission
limitation, operating limitation, and other requirements in Tables 1a
and 1b, Tables 2a and 2b, Table 2c, and Table 2d to this subpart that
apply to you according to methods specified in Table 6 to this subpart.
(b) You must report each instance in which you did not meet each
emission limitation or operating limitation in Tables 1a and 1b, Tables
2a and 2b, Table 2c, and Table 2d to this subpart that apply to you.
These instances are deviations from the emission and operating
limitations in this subpart. These deviations must be reported according
to the requirements in Sec.63.6650. If you change your catalyst, you
must reestablish the values of the operating parameters measured during
the initial performance test. When you reestablish the values of your
operating parameters, you must also conduct a performance test to
demonstrate that you are meeting the required emission limitation
applicable to your stationary RICE.
(c) The annual compliance demonstration required for existing non-
emergency 4SLB and 4SRB stationary RICE with a site rating of more than
500 HP located at an area source of HAP that are not remote stationary
RICE and that are operated more than 24 hours per calendar year must be
conducted according to the following requirements:
(1) The compliance demonstration must consist of at least one test
run.
(2) Each test run must be of at least 15 minute duration, except
that each test conducted using the method in appendix A to this subpart
must consist of at least one measurement cycle and include at least 2
minutes of test data phase measurement.
(3) If you are demonstrating compliance with the CO concentration or
CO percent reduction requirement, you must measure CO emissions using
one of the CO measurement methods specified in Table 4 of this subpart,
or using appendix A to this subpart.
(4) If you are demonstrating compliance with the THC percent
reduction requirement, you must measure THC emissions using Method 25A,
reported as propane, of 40 CFR part 60, appendix A.
(5) You must measure O2 using one of the O2
measurement methods specified in Table 4 of this subpart. Measurements
to determine O2 concentration must be made at the same time
as the measurements for CO or THC concentration.

[[Page 32]]

(6) If you are demonstrating compliance with the CO or THC percent
reduction requirement, you must measure CO or THC emissions and
O2 emissions simultaneously at the inlet and outlet of the
control device.
(7) If the results of the annual compliance demonstration show that
the emissions exceed the levels specified in Table 6 of this subpart,
the stationary RICE must be shut down as soon as safely possible, and
appropriate corrective action must be taken (e.g., repairs, catalyst
cleaning, catalyst replacement). The stationary RICE must be retested
within 7 days of being restarted and the emissions must meet the levels
specified in Table 6 of this subpart. If the retest shows that the
emissions continue to exceed the specified levels, the stationary RICE
must again be shut down as soon as safely possible, and the stationary
RICE may not operate, except for purposes of startup and testing, until
the owner/operator demonstrates through testing that the emissions do
not exceed the levels specified in Table 6 of this subpart.
(d) For new, reconstructed, and rebuilt stationary RICE, deviations
from the emission or operating limitations that occur during the first
200 hours of operation from engine startup (engine burn-in period) are
not violations. Rebuilt stationary RICE means a stationary RICE that has
been rebuilt as that term is defined in 40 CFR 94.11(a).
(e) You must also report each instance in which you did not meet the
requirements in Table 8 to this subpart that apply to you. If you own or
operate a new or reconstructed stationary RICE with a site rating of
less than or equal to 500 brake HP located at a major source of HAP
emissions (except new or reconstructed 4SLB engines greater than or
equal to 250 and less than or equal to 500 brake HP), a new or
reconstructed stationary RICE located at an area source of HAP
emissions, or any of the following RICE with a site rating of more than
500 brake HP located at a major source of HAP emissions, you do not need
to comply with the requirements in Table 8 to this subpart: An existing
2SLB stationary RICE, an existing 4SLB stationary RICE, an existing
emergency stationary RICE, an existing limited use stationary RICE, or
an existing stationary RICE which fires landfill gas or digester gas
equivalent to 10 percent or more of the gross heat input on an annual
basis. If you own or operate any of the following RICE with a site
rating of more than 500 brake HP located at a major source of HAP
emissions, you do not need to comply with the requirements in Table 8 to
this subpart, except for the initial notification requirements: a new or
reconstructed stationary RICE that combusts landfill gas or digester gas
equivalent to 10 percent or more of the gross heat input on an annual
basis, a new or reconstructed emergency stationary RICE, or a new or
reconstructed limited use stationary RICE.
(f) If you own or operate an emergency stationary RICE, you must
operate the emergency stationary RICE according to the requirements in
paragraphs (f)(1) through (4) of this section. In order for the engine
to be considered an emergency stationary RICE under this subpart, any
operation other than emergency operation, maintenance and testing,
emergency demand response, and operation in non-emergency situations for
50 hours per year, as described in paragraphs (f)(1) through (4) of this
section, is prohibited. If you do not operate the engine according to
the requirements in paragraphs (f)(1) through (4) of this section, the
engine will not be considered an emergency engine under this subpart and
must meet all requirements for non-emergency engines.
(1) There is no time limit on the use of emergency stationary RICE
in emergency situations.
(2) You may operate your emergency stationary RICE for any
combination of the purposes specified in paragraphs (f)(2)(i) through
(iii) of this section for a maximum of 100 hours per calendar year. Any
operation for non-emergency situations as allowed by paragraphs (f)(3)
and (4) of this section counts as part of the 100 hours per calendar
year allowed by this paragraph (f)(2).
(i) Emergency stationary RICE may be operated for maintenance checks
and readiness testing, provided that the tests are recommended by
federal,

[[Page 33]]

state or local government, the manufacturer, the vendor, the regional
transmission organization or equivalent balancing authority and
transmission operator, or the insurance company associated with the
engine. The owner or operator may petition the Administrator for
approval of additional hours to be used for maintenance checks and
readiness testing, but a petition is not required if the owner or
operator maintains records indicating that federal, state, or local
standards require maintenance and testing of emergency RICE beyond 100
hours per calendar year.
(ii) Emergency stationary RICE may be operated for emergency demand
response for periods in which the Reliability Coordinator under the
North American Electric Reliability Corporation (NERC) Reliability
Standard EOP-002-3, Capacity and Energy Emergencies (incorporated by
reference, see Sec.63.14), or other authorized entity as determined by
the Reliability Coordinator, has declared an Energy Emergency Alert
Level 2 as defined in the NERC Reliability Standard EOP-002-3.
(iii) Emergency stationary RICE may be operated for periods where
there is a deviation of voltage or frequency of 5 percent or greater
below standard voltage or frequency.
(3) Emergency stationary RICE located at major sources of HAP may be
operated for up to 50 hours per calendar year in non-emergency
situations. The 50 hours of operation in non-emergency situations are
counted as part of the 100 hours per calendar year for maintenance and
testing and emergency demand response provided in paragraph (f)(2) of
this section. The 50 hours per year for non-emergency situations cannot
be used for peak shaving or non-emergency demand response, or to
generate income for a facility to supply power to an electric grid or
otherwise supply power as part of a financial arrangement with another
entity.
(4) Emergency stationary RICE located at area sources of HAP may be
operated for up to 50 hours per calendar year in non-emergency
situations. The 50 hours of operation in non-emergency situations are
counted as part of the 100 hours per calendar year for maintenance and
testing and emergency demand response provided in paragraph (f)(2) of
this section. Except as provided in paragraphs (f)(4)(i) and (ii) of
this section, the 50 hours per year for non-emergency situations cannot
be used for peak shaving or non-emergency demand response, or to
generate income for a facility to an electric grid or otherwise supply
power as part of a financial arrangement with another entity.
(i) Prior to May 3, 2014, the 50 hours per year for non-emergency
situations can be used for peak shaving or non-emergency demand response
to generate income for a facility, or to otherwise supply power as part
of a financial arrangement with another entity if the engine is operated
as part of a peak shaving (load management program) with the local
distribution system operator and the power is provided only to the
facility itself or to support the local distribution system.
(ii) The 50 hours per year for non-emergency situations can be used
to supply power as part of a financial arrangement with another entity
if all of the following conditions are met:
(A) The engine is dispatched by the local balancing authority or
local transmission and distribution system operator.
(B) The dispatch is intended to mitigate local transmission and/or
distribution limitations so as to avert potential voltage collapse or
line overloads that could lead to the interruption of power supply in a
local area or region.
(C) The dispatch follows reliability, emergency operation or similar
protocols that follow specific NERC, regional, state, public utility
commission or local standards or guidelines.
(D) The power is provided only to the facility itself or to support
the local transmission and distribution system.
(E) The owner or operator identifies and records the entity that
dispatches the engine and the specific NERC, regional, state, public
utility commission or local standards or guidelines that are being
followed for dispatching the engine. The local balancing authority or
local transmission and distribution system operator may keep these

[[Page 34]]

records on behalf of the engine owner or operator.

[69 FR 33506, June 15, 2004, as amended at 71 FR 20467, Apr. 20, 2006;
73 FR 3606, Jan. 18, 2008; 75 FR 9676, Mar. 3, 2010; 75 FR 51591, Aug.
20, 2010; 78 FR 6704, Jan. 30, 2013]

Notifications, Reports, and Records

Sec.63.6645 What notifications must I submit and when?

(a) You must submit all of the notifications in Sec. Sec.63.7(b)
and (c), 63.8(e), (f)(4) and (f)(6), 63.9(b) through (e), and (g) and
(h) that apply to you by the dates specified if you own or operate any
of the following;
(1) An existing stationary RICE with a site rating of less than or
equal to 500 brake HP located at a major source of HAP emissions.
(2) An existing stationary RICE located at an area source of HAP
emissions.
(3) A stationary RICE with a site rating of more than 500 brake HP
located at a major source of HAP emissions.
(4) A new or reconstructed 4SLB stationary RICE with a site rating
of greater than or equal to 250 HP located at a major source of HAP
emissions.
(5) This requirement does not apply if you own or operate an
existing stationary RICE less than 100 HP, an existing stationary
emergency RICE, or an existing stationary RICE that is not subject to
any numerical emission standards.
(b) As specified in Sec.63.9(b)(2), if you start up your
stationary RICE with a site rating of more than 500 brake HP located at
a major source of HAP emissions before the effective date of this
subpart, you must submit an Initial Notification not later than December
13, 2004.
(c) If you start up your new or reconstructed stationary RICE with a
site rating of more than 500 brake HP located at a major source of HAP
emissions on or after August 16, 2004, you must submit an Initial
Notification not later than 120 days after you become subject to this
subpart.
(d) As specified in Sec.63.9(b)(2), if you start up your
stationary RICE with a site rating of equal to or less than 500 brake HP
located at a major source of HAP emissions before the effective date of
this subpart and you are required to submit an initial notification, you
must submit an Initial Notification not later than July 16, 2008.
(e) If you start up your new or reconstructed stationary RICE with a
site rating of equal to or less than 500 brake HP located at a major
source of HAP emissions on or after March 18, 2008 and you are required
to submit an initial notification, you must submit an Initial
Notification not later than 120 days after you become subject to this
subpart.
(f) If you are required to submit an Initial Notification but are
otherwise not affected by the requirements of this subpart, in
accordance with Sec.63.6590(b), your notification should include the
information in Sec.63.9(b)(2)(i) through (v), and a statement that
your stationary RICE has no additional requirements and explain the
basis of the exclusion (for example, that it operates exclusively as an
emergency stationary RICE if it has a site rating of more than 500 brake
HP located at a major source of HAP emissions).
(g) If you are required to conduct a performance test, you must
submit a Notification of Intent to conduct a performance test at least
60 days before the performance test is scheduled to begin as required in
Sec.63.7(b)(1).
(h) If you are required to conduct a performance test or other
initial compliance demonstration as specified in Tables 4 and 5 to this
subpart, you must submit a Notification of Compliance Status according
to Sec.63.9(h)(2)(ii).
(1) For each initial compliance demonstration required in Table 5 to
this subpart that does not include a performance test, you must submit
the Notification of Compliance Status before the close of business on
the 30th day following the completion of the initial compliance
demonstration.
(2) For each initial compliance demonstration required in Table 5 to
this subpart that includes a performance test conducted according to the
requirements in Table 3 to this subpart, you must submit the
Notification of Compliance Status, including the performance test
results, before the close of business on the 60th day following the
completion of the performance test according to Sec.63.10(d)(2).

[[Page 35]]

(i) If you own or operate an existing non-emergency CI RICE with a
site rating of more than 300 HP located at an area source of HAP
emissions that is certified to the Tier 1 or Tier 2 emission standards
in Table 1 of 40 CFR 89.112 and subject to an enforceable state or local
standard requiring engine replacement and you intend to meet management
practices rather than emission limits, as specified in Sec.63.6603(d),
you must submit a notification by March 3, 2013, stating that you intend
to use the provision in Sec.63.6603(d) and identifying the state or
local regulation that the engine is subject to.

[73 FR 3606, Jan. 18, 2008, as amended at 75 FR 9677, Mar. 3, 2010; 75
FR 51591, Aug. 20, 2010; 78 FR 6705, Jan. 30, 2013]

Sec.63.6650 What reports must I submit and when?

(a) You must submit each report in Table 7 of this subpart that
applies to you.
(b) Unless the Administrator has approved a different schedule for
submission of reports under Sec.63.10(a), you must submit each report
by the date in Table 7 of this subpart and according to the requirements
in paragraphs (b)(1) through (b)(9) of this section.
(1) For semiannual Compliance reports, the first Compliance report
must cover the period beginning on the compliance date that is specified
for your affected source in Sec.63.6595 and ending on June 30 or
December 31, whichever date is the first date following the end of the
first calendar half after the compliance date that is specified for your
source in Sec.63.6595.
(2) For semiannual Compliance reports, the first Compliance report
must be postmarked or delivered no later than July 31 or January 31,
whichever date follows the end of the first calendar half after the
compliance date that is specified for your affected source in Sec.
63.6595.
(3) For semiannual Compliance reports, each subsequent Compliance
report must cover the semiannual reporting period from January 1 through
June 30 or the semiannual reporting period from July 1 through December
31.
(4) For semiannual Compliance reports, each subsequent Compliance
report must be postmarked or delivered no later than July 31 or January
31, whichever date is the first date following the end of the semiannual
reporting period.
(5) For each stationary RICE that is subject to permitting
regulations pursuant to 40 CFR part 70 or 71, and if the permitting
authority has established dates for submitting semiannual reports
pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6 (a)(3)(iii)(A), you
may submit the first and subsequent Compliance reports according to the
dates the permitting authority has established instead of according to
the dates in paragraphs (b)(1) through (b)(4) of this section.
(6) For annual Compliance reports, the first Compliance report must
cover the period beginning on the compliance date that is specified for
your affected source in Sec.63.6595 and ending on December 31.
(7) For annual Compliance reports, the first Compliance report must
be postmarked or delivered no later than January 31 following the end of
the first calendar year after the compliance date that is specified for
your affected source in Sec.63.6595.
(8) For annual Compliance reports, each subsequent Compliance report
must cover the annual reporting period from January 1 through December
31.
(9) For annual Compliance reports, each subsequent Compliance report
must be postmarked or delivered no later than January 31.
(c) The Compliance report must contain the information in paragraphs
(c)(1) through (6) of this section.
(1) Company name and address.
(2) Statement by a responsible official, with that official's name,
title, and signature, certifying the accuracy of the content of the
report.
(3) Date of report and beginning and ending dates of the reporting
period.
(4) If you had a malfunction during the reporting period, the
compliance report must include the number, duration, and a brief
description for each type of malfunction which occurred during the
reporting period and which

[[Page 36]]

caused or may have caused any applicable emission limitation to be
exceeded. The report must also include a description of actions taken by
an owner or operator during a malfunction of an affected source to
minimize emissions in accordance with Sec.63.6605(b), including
actions taken to correct a malfunction.
(5) If there are no deviations from any emission or operating
limitations that apply to you, a statement that there were no deviations
from the emission or operating limitations during the reporting period.
(6) If there were no periods during which the continuous monitoring
system (CMS), including CEMS and CPMS, was out-of-control, as specified
in Sec.63.8(c)(7), a statement that there were no periods during which
the CMS was out-of-control during the reporting period.
(d) For each deviation from an emission or operating limitation that
occurs for a stationary RICE where you are not using a CMS to comply
with the emission or operating limitations in this subpart, the
Compliance report must contain the information in paragraphs (c)(1)
through (4) of this section and the information in paragraphs (d)(1) and
(2) of this section.
(1) The total operating time of the stationary RICE at which the
deviation occurred during the reporting period.
(2) Information on the number, duration, and cause of deviations
(including unknown cause, if applicable), as applicable, and the
corrective action taken.
(e) For each deviation from an emission or operating limitation
occurring for a stationary RICE where you are using a CMS to comply with
the emission and operating limitations in this subpart, you must include
information in paragraphs (c)(1) through (4) and (e)(1) through (12) of
this section.
(1) The date and time that each malfunction started and stopped.
(2) The date, time, and duration that each CMS was inoperative,
except for zero (low-level) and high-level checks.
(3) The date, time, and duration that each CMS was out-of-control,
including the information in Sec.63.8(c)(8).
(4) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of malfunction or during
another period.
(5) A summary of the total duration of the deviation during the
reporting period, and the total duration as a percent of the total
source operating time during that reporting period.
(6) A breakdown of the total duration of the deviations during the
reporting period into those that are due to control equipment problems,
process problems, other known causes, and other unknown causes.
(7) A summary of the total duration of CMS downtime during the
reporting period, and the total duration of CMS downtime as a percent of
the total operating time of the stationary RICE at which the CMS
downtime occurred during that reporting period.
(8) An identification of each parameter and pollutant (CO or
formaldehyde) that was monitored at the stationary RICE.
(9) A brief description of the stationary RICE.
(10) A brief description of the CMS.
(11) The date of the latest CMS certification or audit.
(12) A description of any changes in CMS, processes, or controls
since the last reporting period.
(f) Each affected source that has obtained a title V operating
permit pursuant to 40 CFR part 70 or 71 must report all deviations as
defined in this subpart in the semiannual monitoring report required by
40 CFR 70.6 (a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If an affected
source submits a Compliance report pursuant to Table 7 of this subpart
along with, or as part of, the semiannual monitoring report required by
40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the
Compliance report includes all required information concerning
deviations from any emission or operating limitation in this subpart,
submission of the Compliance report shall be deemed to satisfy any
obligation to report the same deviations in the semiannual monitoring
report. However, submission of a Compliance report shall not otherwise
affect any obligation the affected source may have to report deviations
from permit requirements to the permit authority.

[[Page 37]]

(g) If you are operating as a new or reconstructed stationary RICE
which fires landfill gas or digester gas equivalent to 10 percent or
more of the gross heat input on an annual basis, you must submit an
annual report according to Table 7 of this subpart by the date specified
unless the Administrator has approved a different schedule, according to
the information described in paragraphs (b)(1) through (b)(5) of this
section. You must report the data specified in (g)(1) through (g)(3) of
this section.
(1) Fuel flow rate of each fuel and the heating values that were
used in your calculations. You must also demonstrate that the percentage
of heat input provided by landfill gas or digester gas is equivalent to
10 percent or more of the total fuel consumption on an annual basis.
(2) The operating limits provided in your federally enforceable
permit, and any deviations from these limits.
(3) Any problems or errors suspected with the meters.
(h) If you own or operate an emergency stationary RICE with a site
rating of more than 100 brake HP that operates or is contractually
obligated to be available for more than 15 hours per calendar year for
the purposes specified in Sec.63.6640(f)(2)(ii) and (iii) or that
operates for the purpose specified in Sec.63.6640(f)(4)(ii), you must
submit an annual report according to the requirements in paragraphs
(h)(1) through (3) of this section.
(1) The report must contain the following information:
(i) Company name and address where the engine is located.
(ii) Date of the report and beginning and ending dates of the
reporting period.
(iii) Engine site rating and model year.
(iv) Latitude and longitude of the engine in decimal degrees
reported to the fifth decimal place.
(v) Hours operated for the purposes specified in Sec.
63.6640(f)(2)(ii) and (iii), including the date, start time, and end
time for engine operation for the purposes specified in Sec.
63.6640(f)(2)(ii) and (iii).
(vi) Number of hours the engine is contractually obligated to be
available for the purposes specified in Sec.63.6640(f)(2)(ii) and
(iii).
(vii) Hours spent for operation for the purpose specified in Sec.
63.6640(f)(4)(ii), including the date, start time, and end time for
engine operation for the purposes specified in Sec.63.6640(f)(4)(ii).
The report must also identify the entity that dispatched the engine and
the situation that necessitated the dispatch of the engine.
(viii) If there were no deviations from the fuel requirements in
Sec.63.6604 that apply to the engine (if any), a statement that there
were no deviations from the fuel requirements during the reporting
period.
(ix) If there were deviations from the fuel requirements in Sec.
63.6604 that apply to the engine (if any), information on the number,
duration, and cause of deviations, and the corrective action taken.
(2) The first annual report must cover the calendar year 2015 and
must be submitted no later than March 31, 2016. Subsequent annual
reports for each calendar year must be submitted no later than March 31
of the following calendar year.
(3) The annual report must be submitted electronically using the
subpart specific reporting form in the Compliance and Emissions Data
Reporting Interface (CEDRI) that is accessed through EPA's Central Data
Exchange (CDX) (www.epa.gov/cdx). However, if the reporting form
specific to this subpart is not available in CEDRI at the time that the
report is due, the written report must be submitted to the Administrator
at the appropriate address listed in Sec.63.13.

[69 FR 33506, June 15, 2004, as amended at 75 FR 9677, Mar. 3, 2010; 78
FR 6705, Jan. 30, 2013]

Sec.63.6655 What records must I keep?

(a) If you must comply with the emission and operating limitations,
you must keep the records described in paragraphs (a)(1) through (a)(5),
(b)(1) through (b)(3) and (c) of this section.
(1) A copy of each notification and report that you submitted to
comply with this subpart, including all documentation supporting any
Initial Notification or Notification of Compliance Status that you
submitted, according to the requirement in Sec.63.10(b)(2)(xiv).

[[Page 38]]

(2) Records of the occurrence and duration of each malfunction of
operation (i.e., process equipment) or the air pollution control and
monitoring equipment.
(3) Records of performance tests and performance evaluations as
required in Sec.63.10(b)(2)(viii).
(4) Records of all required maintenance performed on the air
pollution control and monitoring equipment.
(5) Records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec.63.6605(b), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.
(b) For each CEMS or CPMS, you must keep the records listed in
paragraphs (b)(1) through (3) of this section.
(1) Records described in Sec.63.10(b)(2)(vi) through (xi).
(2) Previous (i.e., superseded) versions of the performance
evaluation plan as required in Sec.63.8(d)(3).
(3) Requests for alternatives to the relative accuracy test for CEMS
or CPMS as required in Sec.63.8(f)(6)(i), if applicable.
(c) If you are operating a new or reconstructed stationary RICE
which fires landfill gas or digester gas equivalent to 10 percent or
more of the gross heat input on an annual basis, you must keep the
records of your daily fuel usage monitors.
(d) You must keep the records required in Table 6 of this subpart to
show continuous compliance with each emission or operating limitation
that applies to you.
(e) You must keep records of the maintenance conducted on the
stationary RICE in order to demonstrate that you operated and maintained
the stationary RICE and after-treatment control device (if any)
according to your own maintenance plan if you own or operate any of the
following stationary RICE;
(1) An existing stationary RICE with a site rating of less than 100
brake HP located at a major source of HAP emissions.
(2) An existing stationary emergency RICE.
(3) An existing stationary RICE located at an area source of HAP
emissions subject to management practices as shown in Table 2d to this
subpart.
(f) If you own or operate any of the stationary RICE in paragraphs
(f)(1) through (2) of this section, you must keep records of the hours
of operation of the engine that is recorded through the non-resettable
hour meter. The owner or operator must document how many hours are spent
for emergency operation, including what classified the operation as
emergency and how many hours are spent for non-emergency operation. If
the engine is used for the purposes specified in Sec.63.6640(f)(2)(ii)
or (iii) or Sec.63.6640(f)(4)(ii), the owner or operator must keep
records of the notification of the emergency situation, and the date,
start time, and end time of engine operation for these purposes.
(1) An existing emergency stationary RICE with a site rating of less
than or equal to 500 brake HP located at a major source of HAP emissions
that does not meet the standards applicable to non-emergency engines.
(2) An existing emergency stationary RICE located at an area source
of HAP emissions that does not meet the standards applicable to non-
emergency engines.

[69 FR 33506, June 15, 2004, as amended at 75 FR 9678, Mar. 3, 2010; 75
FR 51592, Aug. 20, 2010; 78 FR 6706, Jan. 30, 2013]

Sec.63.6660 In what form and how long must I keep my records?

(a) Your records must be in a form suitable and readily available
for expeditious review according to Sec.63.10(b)(1).
(b) As specified in Sec.63.10(b)(1), you must keep each record for
5 years following the date of each occurrence, measurement, maintenance,
corrective action, report, or record.
(c) You must keep each record readily accessible in hard copy or
electronic form for at least 5 years after the date of each occurrence,
measurement, maintenance, corrective action, report, or record,
according to Sec.63.10(b)(1).

[69 FR 33506, June 15, 2004, as amended at 75 FR 9678, Mar. 3, 2010]

[[Page 39]]

Other Requirements and Information

Sec.63.6665 What parts of the General Provisions apply to me?

Table 8 to this subpart shows which parts of the General Provisions
in Sec. Sec.63.1 through 63.15 apply to you. If you own or operate a
new or reconstructed stationary RICE with a site rating of less than or
equal to 500 brake HP located at a major source of HAP emissions (except
new or reconstructed 4SLB engines greater than or equal to 250 and less
than or equal to 500 brake HP), a new or reconstructed stationary RICE
located at an area source of HAP emissions, or any of the following RICE
with a site rating of more than 500 brake HP located at a major source
of HAP emissions, you do not need to comply with any of the requirements
of the General Provisions specified in Table 8: An existing 2SLB
stationary RICE, an existing 4SLB stationary RICE, an existing
stationary RICE that combusts landfill or digester gas equivalent to 10
percent or more of the gross heat input on an annual basis, an existing
emergency stationary RICE, or an existing limited use stationary RICE.
If you own or operate any of the following RICE with a site rating of
more than 500 brake HP located at a major source of HAP emissions, you
do not need to comply with the requirements in the General Provisions
specified in Table 8 except for the initial notification requirements: A
new stationary RICE that combusts landfill gas or digester gas
equivalent to 10 percent or more of the gross heat input on an annual
basis, a new emergency stationary RICE, or a new limited use stationary
RICE.

[75 FR 9678, Mar. 3, 2010]

Sec.63.6670 Who implements and enforces this subpart?

(a) This subpart is implemented and enforced by the U.S. EPA, or a
delegated authority such as your State, local, or tribal agency. If the
U.S. EPA Administrator has delegated authority to your State, local, or
tribal agency, then that agency (as well as the U.S. EPA) has the
authority to implement and enforce this subpart. You should contact your
U.S. EPA Regional Office to find out whether this subpart is delegated
to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraph (c) of this section
are retained by the Administrator of the U.S. EPA and are not
transferred to the State, local, or tribal agency.
(c) The authorities that will not be delegated to State, local, or
tribal agencies are:
(1) Approval of alternatives to the non-opacity emission limitations
and operating limitations in Sec.63.6600 under Sec.63.6(g).
(2) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec.63.90.
(3) Approval of major alternatives to monitoring under Sec.63.8(f)
and as defined in Sec.63.90.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec.63.10(f) and as defined in Sec.63.90.
(5) Approval of a performance test which was conducted prior to the
effective date of the rule, as specified in Sec.63.6610(b).

Sec.63.6675 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act (CAA);
in 40 CFR 63.2, the General Provisions of this part; and in this section
as follows:
Alaska Railbelt Grid means the service areas of the six regulated
public utilities that extend from Fairbanks to Anchorage and the Kenai
Peninsula. These utilities are Golden Valley Electric Association;
Chugach Electric Association; Matanuska Electric Association; Homer
Electric Association; Anchorage Municipal Light & Power; and the City of
Seward Electric System.
Area source means any stationary source of HAP that is not a major
source as defined in part 63.
Associated equipment as used in this subpart and as referred to in
section 112(n)(4) of the CAA, means equipment associated with an oil or
natural gas exploration or production well, and includes all equipment
from the well bore to the point of custody transfer,

[[Page 40]]

except glycol dehydration units, storage vessels with potential for
flash emissions, combustion turbines, and stationary RICE.
Backup power for renewable energy means an engine that provides
backup power to a facility that generates electricity from renewable
energy resources, as that term is defined in Alaska Statute
42.45.045(l)(5) (incorporated by reference, see Sec.63.14).
Black start engine means an engine whose only purpose is to start up
a combustion turbine.
CAA means the Clean Air Act (42 U.S.C. 7401 et seq., as amended by
Public Law 101-549, 104 Stat. 2399).
Commercial emergency stationary RICE means an emergency stationary
RICE used in commercial establishments such as office buildings, hotels,
stores, telecommunications facilities, restaurants, financial
institutions such as banks, doctor's offices, and sports and performing
arts facilities.
Compression ignition means relating to a type of stationary internal
combustion engine that is not a spark ignition engine.
Custody transfer means the transfer of hydrocarbon liquids or
natural gas: After processing and/or treatment in the producing
operations, or from storage vessels or automatic transfer facilities or
other such equipment, including product loading racks, to pipelines or
any other forms of transportation. For the purposes of this subpart, the
point at which such liquids or natural gas enters a natural gas
processing plant is a point of custody transfer.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limitation or
operating limitation;
(2) Fails to meet any term or condition that is adopted to implement
an applicable requirement in this subpart and that is included in the
operating permit for any affected source required to obtain such a
permit; or
(3) Fails to meet any emission limitation or operating limitation in
this subpart during malfunction, regardless or whether or not such
failure is permitted by this subpart.
(4) Fails to satisfy the general duty to minimize emissions
established by Sec.63.6(e)(1)(i).
Diesel engine means any stationary RICE in which a high boiling
point liquid fuel injected into the combustion chamber ignites when the
air charge has been compressed to a temperature sufficiently high for
auto-ignition. This process is also known as compression ignition.
Diesel fuel means any liquid obtained from the distillation of
petroleum with a boiling point of approximately 150 to 360 degrees
Celsius. One commonly used form is fuel oil number 2. Diesel fuel also
includes any non-distillate fuel with comparable physical and chemical
properties (e.g. biodiesel) that is suitable for use in compression
ignition engines.
Digester gas means any gaseous by-product of wastewater treatment
typically formed through the anaerobic decomposition of organic waste
materials and composed principally of methane and CO2.
Dual-fuel engine means any stationary RICE in which a liquid fuel
(typically diesel fuel) is used for compression ignition and gaseous
fuel (typically natural gas) is used as the primary fuel.
Emergency stationary RICE means any stationary reciprocating
internal combustion engine that meets all of the criteria in paragraphs
(1) through (3) of this definition. All emergency stationary RICE must
comply with the requirements specified in Sec.63.6640(f) in order to
be considered emergency stationary RICE. If the engine does not comply
with the requirements specified in Sec.63.6640(f), then it is not
considered to be an emergency stationary RICE under this subpart.
(1) The stationary RICE is operated to provide electrical power or
mechanical work during an emergency situation. Examples include
stationary RICE used to produce power for critical networks or equipment
(including power supplied to portions of a facility) when electric power
from the local utility (or the normal power source, if

[[Page 41]]

the facility runs on its own power production) is interrupted, or
stationary RICE used to pump water in the case of fire or flood, etc.
(2) The stationary RICE is operated under limited circumstances for
situations not included in paragraph (1) of this definition, as
specified in Sec.63.6640(f).
(3) The stationary RICE operates as part of a financial arrangement
with another entity in situations not included in paragraph (1) of this
definition only as allowed in Sec.63.6640(f)(2)(ii) or (iii) and Sec.
63.6640(f)(4)(i) or (ii).
Engine startup means the time from initial start until applied load
and engine and associated equipment reaches steady state or normal
operation. For stationary engine with catalytic controls, engine startup
means the time from initial start until applied load and engine and
associated equipment, including the catalyst, reaches steady state or
normal operation.
Four-stroke engine means any type of engine which completes the
power cycle in two crankshaft revolutions, with intake and compression
strokes in the first revolution and power and exhaust strokes in the
second revolution.
Gaseous fuel means a material used for combustion which is in the
gaseous state at standard atmospheric temperature and pressure
conditions.
Gasoline means any fuel sold in any State for use in motor vehicles
and motor vehicle engines, or nonroad or stationary engines, and
commonly or commercially known or sold as gasoline.
Glycol dehydration unit means a device in which a liquid glycol
(including, but not limited to, ethylene glycol, diethylene glycol, or
triethylene glycol) absorbent directly contacts a natural gas stream and
absorbs water in a contact tower or absorption column (absorber). The
glycol contacts and absorbs water vapor and other gas stream
constituents from the natural gas and becomes ``rich'' glycol. This
glycol is then regenerated in the glycol dehydration unit reboiler. The
``lean'' glycol is then recycled.
Hazardous air pollutants (HAP) means any air pollutants listed in or
pursuant to section 112(b) of the CAA.
Institutional emergency stationary RICE means an emergency
stationary RICE used in institutional establishments such as medical
centers, nursing homes, research centers, institutions of higher
education, correctional facilities, elementary and secondary schools,
libraries, religious establishments, police stations, and fire stations.
ISO standard day conditions means 288 degrees Kelvin (15 degrees
Celsius), 60 percent relative humidity and 101.3 kilopascals pressure.
Landfill gas means a gaseous by-product of the land application of
municipal refuse typically formed through the anaerobic decomposition of
waste materials and composed principally of methane and CO2.
Lean burn engine means any two-stroke or four-stroke spark ignited
engine that does not meet the definition of a rich burn engine.
Limited use stationary RICE means any stationary RICE that operates
less than 100 hours per year.
Liquefied petroleum gas means any liquefied hydrocarbon gas obtained
as a by-product in petroleum refining of natural gas production.
Liquid fuel means any fuel in liquid form at standard temperature
and pressure, including but not limited to diesel, residual/crude oil,
kerosene/naphtha (jet fuel), and gasoline.
Major Source, as used in this subpart, shall have the same meaning
as in Sec.63.2, except that:
(1) Emissions from any oil or gas exploration or production well
(with its associated equipment (as defined in this section)) and
emissions from any pipeline compressor station or pump station shall not
be aggregated with emissions from other similar units, to determine
whether such emission points or stations are major sources, even when
emission points are in a contiguous area or under common control;
(2) For oil and gas production facilities, emissions from processes,
operations, or equipment that are not part of the same oil and gas
production facility, as defined in Sec.63.1271 of subpart HHH of this
part, shall not be aggregated;

[[Page 42]]

(3) For production field facilities, only HAP emissions from glycol
dehydration units, storage vessel with the potential for flash
emissions, combustion turbines and reciprocating internal combustion
engines shall be aggregated for a major source determination; and
(4) Emissions from processes, operations, and equipment that are not
part of the same natural gas transmission and storage facility, as
defined in Sec.63.1271 of subpart HHH of this part, shall not be
aggregated.
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner which
causes, or has the potential to cause, the emission limitations in an
applicable standard to be exceeded. Failures that are caused in part by
poor maintenance or careless operation are not malfunctions.
Natural gas means a naturally occurring mixture of hydrocarbon and
non-hydrocarbon gases found in geologic formations beneath the Earth's
surface, of which the principal constituent is methane. Natural gas may
be field or pipeline quality.
Non-selective catalytic reduction (NSCR) means an add-on catalytic
nitrogen oxides (NOX) control device for rich burn engines
that, in a two-step reaction, promotes the conversion of excess oxygen,
NOX, CO, and volatile organic compounds (VOC) into
CO2, nitrogen, and water.
Oil and gas production facility as used in this subpart means any
grouping of equipment where hydrocarbon liquids are processed, upgraded
(i.e., remove impurities or other constituents to meet contract
specifications), or stored prior to the point of custody transfer; or
where natural gas is processed, upgraded, or stored prior to entering
the natural gas transmission and storage source category. For purposes
of a major source determination, facility (including a building,
structure, or installation) means oil and natural gas production and
processing equipment that is located within the boundaries of an
individual surface site as defined in this section. Equipment that is
part of a facility will typically be located within close proximity to
other equipment located at the same facility. Pieces of production
equipment or groupings of equipment located on different oil and gas
leases, mineral fee tracts, lease tracts, subsurface or surface unit
areas, surface fee tracts, surface lease tracts, or separate surface
sites, whether or not connected by a road, waterway, power line or
pipeline, shall not be considered part of the same facility. Examples of
facilities in the oil and natural gas production source category
include, but are not limited to, well sites, satellite tank batteries,
central tank batteries, a compressor station that transports natural gas
to a natural gas processing plant, and natural gas processing plants.
Oxidation catalyst means an add-on catalytic control device that
controls CO and VOC by oxidation.
Peaking unit or engine means any standby engine intended for use
during periods of high demand that are not emergencies.
Percent load means the fractional power of an engine compared to its
maximum manufacturer's design capacity at engine site conditions.
Percent load may range between 0 percent to above 100 percent.
Potential to emit means the maximum capacity of a stationary source
to emit a pollutant under its physical and operational design. Any
physical or operational limitation on the capacity of the stationary
source to emit a pollutant, including air pollution control equipment
and restrictions on hours of operation or on the type or amount of
material combusted, stored, or processed, shall be treated as part of
its design if the limitation or the effect it would have on emissions is
federally enforceable. For oil and natural gas production facilities
subject to subpart HH of this part, the potential to emit provisions in
Sec.63.760(a) may be used. For natural gas transmission and storage
facilities subject to subpart HHH of this part, the maximum annual
facility gas throughput for storage facilities may be determined
according to Sec.63.1270(a)(1) and the maximum annual throughput for
transmission facilities may be determined according to Sec.
63.1270(a)(2).

[[Page 43]]

Production field facility means those oil and gas production
facilities located prior to the point of custody transfer.
Production well means any hole drilled in the earth from which crude
oil, condensate, or field natural gas is extracted.
Propane means a colorless gas derived from petroleum and natural
gas, with the molecular structure C3H8.
Remote stationary RICE means stationary RICE meeting any of the
following criteria:
(1) Stationary RICE located in an offshore area that is beyond the
line of ordinary low water along that portion of the coast of the United
States that is in direct contact with the open seas and beyond the line
marking the seaward limit of inland waters.
(2) Stationary RICE located on a pipeline segment that meets both of
the criteria in paragraphs (2)(i) and (ii) of this definition.
(i) A pipeline segment with 10 or fewer buildings intended for human
occupancy and no buildings with four or more stories within 220 yards
(200 meters) on either side of the centerline of any continuous 1-mile
(1.6 kilometers) length of pipeline. Each separate dwelling unit in a
multiple dwelling unit building is counted as a separate building
intended for human occupancy.
(ii) The pipeline segment does not lie within 100 yards (91 meters)
of either a building or a small, well-defined outside area (such as a
playground, recreation area, outdoor theater, or other place of public
assembly) that is occupied by 20 or more persons on at least 5 days a
week for 10 weeks in any 12-month period. The days and weeks need not be
consecutive. The building or area is considered occupied for a full day
if it is occupied for any portion of the day.
(iii) For purposes of this paragraph (2), the term pipeline segment
means all parts of those physical facilities through which gas moves in
transportation, including but not limited to pipe, valves, and other
appurtenance attached to pipe, compressor units, metering stations,
regulator stations, delivery stations, holders, and fabricated
assemblies. Stationary RICE located within 50 yards (46 meters) of the
pipeline segment providing power for equipment on a pipeline segment are
part of the pipeline segment. Transportation of gas means the gathering,
transmission, or distribution of gas by pipeline, or the storage of gas.
A building is intended for human occupancy if its primary use is for a
purpose involving the presence of humans.
(3) Stationary RICE that are not located on gas pipelines and that
have 5 or fewer buildings intended for human occupancy and no buildings
with four or more stories within a 0.25 mile radius around the engine. A
building is intended for human occupancy if its primary use is for a
purpose involving the presence of humans.
Residential emergency stationary RICE means an emergency stationary
RICE used in residential establishments such as homes or apartment
buildings.
Responsible official means responsible official as defined in 40 CFR
70.2.
Rich burn engine means any four-stroke spark ignited engine where
the manufacturer's recommended operating air/fuel ratio divided by the
stoichiometric air/fuel ratio at full load conditions is less than or
equal to 1.1. Engines originally manufactured as rich burn engines, but
modified prior to December 19, 2002 with passive emission control
technology for NOX (such as pre-combustion chambers) will be
considered lean burn engines. Also, existing engines where there are no
manufacturer's recommendations regarding air/fuel ratio will be
considered a rich burn engine if the excess oxygen content of the
exhaust at full load conditions is less than or equal to 2 percent.
Site-rated HP means the maximum manufacturer's design capacity at
engine site conditions.
Spark ignition means relating to either: A gasoline-fueled engine;
or any other type of engine with a spark plug (or other sparking device)
and with operating characteristics significantly similar to the
theoretical Otto combustion cycle. Spark ignition engines usually use a
throttle to regulate intake air flow to control power during normal
operation. Dual-fuel engines in which a liquid fuel (typically diesel
fuel) is used for CI and gaseous fuel (typically natural gas) is used as
the primary fuel at an annual average

[[Page 44]]

ratio of less than 2 parts diesel fuel to 100 parts total fuel on an
energy equivalent basis are spark ignition engines.
Stationary reciprocating internal combustion engine (RICE) means any
reciprocating internal combustion engine which uses reciprocating motion
to convert heat energy into mechanical work and which is not mobile.
Stationary RICE differ from mobile RICE in that a stationary RICE is not
a non-road engine as defined at 40 CFR 1068.30, and is not used to
propel a motor vehicle or a vehicle used solely for competition.
Stationary RICE test cell/stand means an engine test cell/stand, as
defined in subpart PPPPP of this part, that tests stationary RICE.
Stoichiometric means the theoretical air-to-fuel ratio required for
complete combustion.
Storage vessel with the potential for flash emissions means any
storage vessel that contains a hydrocarbon liquid with a stock tank gas-
to-oil ratio equal to or greater than 0.31 cubic meters per liter and an
American Petroleum Institute gravity equal to or greater than 40 degrees
and an actual annual average hydrocarbon liquid throughput equal to or
greater than 79,500 liters per day. Flash emissions occur when dissolved
hydrocarbons in the fluid evolve from solution when the fluid pressure
is reduced.
Subpart means 40 CFR part 63, subpart ZZZZ.
Surface site means any combination of one or more graded pad sites,
gravel pad sites, foundations, platforms, or the immediate physical
location upon which equipment is physically affixed.
Two-stroke engine means a type of engine which completes the power
cycle in single crankshaft revolution by combining the intake and
compression operations into one stroke and the power and exhaust
operations into a second stroke. This system requires auxiliary
scavenging and inherently runs lean of stoichiometric.

[69 FR 33506, June 15, 2004, as amended at 71 FR 20467, Apr. 20, 2006;
73 FR 3607, Jan. 18, 2008; 75 FR 9679, Mar. 3, 2010; 75 FR 51592, Aug.
20, 2010; 76 FR 12867, Mar. 9, 2011; 78 FR 6706, Jan. 30, 2013]

Sec. Table 1a to Subpart ZZZZ of Part 63--Emission Limitations for
Existing, New, and Reconstructed Spark Ignition, 4SRB Stationary RICE
500 HP Located at a Major Source of HAP Emissions

As stated in Sec. Sec.63.6600 and 63.6640, you must comply with
the following emission limitations at 100 percent load plus or minus 10
percent for existing, new and reconstructed 4SRB stationary RICE
500 HP located at a major source of HAP emissions:

------------------------------------------------------------------------
You must meet the
following emission During periods of
For each . . . limitation, except startup you must . .
during periods of .
startup . . .
------------------------------------------------------------------------
1. 4SRB stationary RICE..... a. Reduce Minimize the
formaldehyde engine's time spent
emissions by 76 at idle and
percent or more. If minimize the
you commenced engine's startup
construction or time at startup to
reconstruction a period needed for
between December appropriate and
19, 2002 and June safe loading of the
15, 2004, you may engine, not to
reduce formaldehyde exceed 30 minutes,
emissions by 75 after which time
percent or more the non-startup
until June 15, 2007 emission
or. limitations
apply.\1\
b. Limit the
concentration of
formaldehyde in the
stationary RICE
exhaust to 350
ppbvd or less at 15
percent O2.
------------------------------------------------------------------------
\1\ Sources can petition the Administrator pursuant to the requirements
of 40 CFR 63.6(g) for alternative work practices.

[75 FR 9679, Mar. 3, 2010, as amended at 75 FR 51592, Aug. 20, 2010]

Sec. Table 1b to Subpart ZZZZ of Part 63--Operating Limitations for
Existing, New, and Reconstructed SI 4SRB Stationary RICE 500
HP Located at a Major Source of HAP Emissions

As stated in Sec. Sec.63.6600, 63.6603, 63.6630 and 63.6640, you
must comply with the following operating limitations for existing, new
and reconstructed 4SRB stationary RICE 500 HP located at a
major source of HAP emissions:

[[Page 45]]

[78 FR 6706, Jan. 30, 2013]

Sec. Table 2a to Subpart ZZZZ of Part 63--Emission Limitations for New
and Reconstructed 2SLB and Compression Ignition Stationary RICE
500 HP and New and Reconstructed 4SLB Stationary RICE
=250 HP Located at a Major Source of HAP Emissions

As stated in Sec. Sec.63.6600 and 63.6640, you must comply with
the following emission limitations for new and reconstructed lean burn
and new and reconstructed compression ignition stationary RICE at 100
percent load plus or minus 10 percent:

------------------------------------------------------------------------
You must meet the
following emission During periods of
For each . . . limitation, except startup you must . .
during periods of .
startup . . .
------------------------------------------------------------------------
1. 2SLB stationary RICE..... a. Reduce CO Minimize the
emissions by 58 engine's time spent
percent or more; or at idle and
b. Limit minimize the
concentration of engine's startup
formaldehyde in the time at startup to
stationary RICE a period needed for
exhaust to 12 ppmvd appropriate and
or less at 15 safe loading of the
percent O2. If you engine, not to
commenced exceed 30 minutes,
construction or after which time
reconstruction the non-startup
between December emission
19, 2002 and June limitations
15, 2004, you may apply.\1\
limit concentration
of formaldehyde to
17 ppmvd or less at
15 percent O2 until
June 15, 2007.
2. 4SLB stationary RICE..... a. Reduce CO
emissions by 93
percent or more; or
b. Limit
concentration of
formaldehyde in the
stationary RICE
exhaust to 14 ppmvd
or less at 15
percent O2.
3. CI stationary RICE....... a. Reduce CO
emissions by 70
percent or more; or
b. Limit
concentration of
formaldehyde in the
stationary RICE
exhaust to 580
ppbvd or less at 15
percent O2.
------------------------------------------------------------------------
\1\ Sources can petition the Administrator pursuant to the requirements
of 40 CFR 63.6(g) for alternative work practices.

[75 FR 9680, Mar. 3, 2010]

[[Page 46]]

Sec. Table 2b to Subpart ZZZZ of Part 63--Operating Limitations for New
and Reconstructed 2SLB and CI Stationary RICE 500 HP Located
at a Major Source of HAP Emissions, New and Reconstructed 4SLB
Stationary RICE =250 HP Located at a Major Source of HAP
Emissions, Existing CI Stationary RICE 500 HP

As stated in Sec. Sec.63.6600, 63.6601, 63.6603, 63.6630, and
63.6640, you must comply with the following operating limitations for
new and reconstructed 2SLB and CI stationary RICE 500 HP
located at a major source of HAP emissions; new and reconstructed 4SLB
stationary RICE =250 HP located at a major source of HAP
emissions; and existing CI stationary RICE 500 HP:

------------------------------------------------------------------------
You must meet the following
For each . . . operating limitation, except
during periods of startup . . .
------------------------------------------------------------------------
1. New and reconstructed 2SLB and CI a. maintain your catalyst so
stationary RICE 500 HP that the pressure drop across
located at a major source of HAP the catalyst does not change
emissions and new and reconstructed by more than 2 inches of water
4SLB stationary RICE =250 at 100 percent load plus or
HP located at a major source of HAP minus 10 percent from the
emissions complying with the pressure drop across the
requirement to reduce CO emissions and catalyst that was measured
using an oxidation catalyst; and during the initial performance
New and reconstructed 2SLB and CI test; and
stationary RICE 500 HP b. maintain the temperature of
located at a major source of HAP your stationary RICE exhaust
emissions and new and reconstructed so that the catalyst inlet
4SLB stationary RICE =250 temperature is greater than or
HP located at a major source of HAP equal to 450 [deg]F and less
emissions complying with the than or equal to 1350
requirement to limit the concentration [deg]F.\1\
of formaldehyde in the stationary RICE
exhaust and using an oxidation
catalyst..
2. Existing CI stationary RICE 500 HP complying with the that the pressure drop across
requirement to limit or reduce the the catalyst does not change
concentration of CO in the stationary by more than 2 inches of water
RICE exhaust and using an oxidation from the pressure drop across
catalyst. the catalyst that was measured
during the initial performance
test; and
b. maintain the temperature of
your stationary RICE exhaust
so that the catalyst inlet
temperature is greater than or
equal to 450 [deg]F and less
than or equal to 1350
[deg]F.\1\
3. New and reconstructed 2SLB and CI Comply with any operating
stationary RICE 500 HP limitations approved by the
located at a major source of HAP Administrator.
emissions and new and reconstructed
4SLB stationary RICE =250
HP located at a major source of HAP
emissions complying with the
requirement to reduce CO emissions and
not using an oxidation catalyst; and
New and reconstructed 2SLB and CI
stationary RICE 500 HP
located at a major source of HAP
emissions and new and reconstructed
4SLB stationary RICE =250
HP located at a major source of HAP
emissions complying with the
requirement to limit the concentration
of formaldehyde in the stationary RICE
exhaust and not using an oxidation
catalyst; and
existing CI stationary RICE 500 HP complying with the
requirement to limit or reduce the
concentration of CO in the stationary
RICE exhaust and not using an
oxidation catalyst.
------------------------------------------------------------------------
\1\ Sources can petition the Administrator pursuant to the requirements
of 40 CFR 63.8(f) for a different temperature range.

[78 FR 6707, Jan. 30, 2013]

Sec. Table 2c to Subpart ZZZZ of Part 63--Requirements for Existing
Compression Ignition Stationary RICE Located at a Major Source of HAP
Emissions and Existing Spark Ignition Stationary RICE <=500 HP Located
at a Major Source of HAP Emissions

As stated in Sec. Sec.63.6600, 63.6602, and 63.6640, you must
comply with the following requirements for existing compression ignition
stationary RICE located at a major source of HAP emissions and existing
spark ignition stationary RICE <=500 HP located at a major source of HAP
emissions:

[[Page 47]]

------------------------------------------------------------------------
You must meet the
following During periods of
For each . . . requirement, except startup you must . .
during periods of .
startup . . .
------------------------------------------------------------------------
1. Emergency stationary CI a. Change oil and Minimize the
RICE and black start filter every 500 engine's time spent
stationary CI RICE \1\. hours of operation at idle and
or annually, minimize the
whichever comes engine's startup
first.\2\ time at startup to
b. Inspect air a period needed for
cleaner every 1,000 appropriate and
hours of operation safe loading of the
or annually, engine, not to
whichever comes exceed 30 minutes,
first, and replace after which time
as necessary;. the non-startup
c. Inspect all hoses emission
and belts every 500 limitations
hours of operation apply.\3\
or annually,
whichever comes
first, and replace
as necessary.\3\.
2. Non-Emergency, non-black a. Change oil and
start stationary CI RICE filter every 1,000
<100 HP. hours of operation
or annually,
whichever comes
first.\2\
b. Inspect air
cleaner every 1,000
hours of operation
or annually,
whichever comes
first, and replace
as necessary;.
c. Inspect all hoses
and belts every 500
hours of operation
or annually,
whichever comes
first, and replace
as necessary.\3\.
3. Non-Emergency, non-black Limit concentration
start CI stationary RICE of CO in the
100<=HP<=300 HP. stationary RICE
exhaust to 230
ppmvd or less at 15
percent O2.
4. Non-Emergency, non-black a. Limit
start CI stationary RICE concentration of CO
300500 HP. in the stationary
RICE exhaust to 23
ppmvd or less at 15
percent O2; or
b. Reduce CO
emissions by 70
percent or more..
6. Emergency stationary SI a. Change oil and
RICE and black start filter every 500
stationary SI RICE.\1\ hours of operation
or annually,
whichever comes
first;\2\
b. Inspect spark
plugs every 1,000
hours of operation
or annually,
whichever comes
first, and replace
as necessary;.
c. Inspect all hoses
and belts every 500
hours of operation
or annually,
whichever comes
first, and replace
as necessary.\3\.
7. Non-Emergency, non-black a. Change oil and
start stationary SI RICE filter every 1,440
<100 HP that are not 2SLB hours of operation
stationary RICE. or annually,
whichever comes
first;\2\
b. Inspect spark
plugs every 1,440
hours of operation
or annually,
whichever comes
first, and replace
as necessary;.
c. Inspect all hoses
and belts every
1,440 hours of
operation or
annually, whichever
comes first, and
replace as
necessary.\3\
8. Non-Emergency, non-black a. Change oil and
start 2SLB stationary SI filter every 4,320
RICE <100 HP. hours of operation
or annually,
whichever comes
first;\2\
b. Inspect spark
plugs every 4,320
hours of operation
or annually,
whichever comes
first, and replace
as necessary;.
c. Inspect all hoses
and belts every
4,320 hours of
operation or
annually, whichever
comes first, and
replace as
necessary.\3\
9. Non-emergency, non-black Limit concentration
start 2SLB stationary RICE of CO in the
100<=HP<=500. stationary RICE
exhaust to 225
ppmvd or less at 15
percent O2.
10. Non-emergency, non-black Limit concentration
start 4SLB stationary RICE of CO in the
100<=HP<=500. stationary RICE
exhaust to 47 ppmvd
or less at 15
percent O2.
11. Non-emergency, non-black Limit concentration
start 4SRB stationary RICE of formaldehyde in
100<=HP<=500. the stationary RICE
exhaust to 10.3
ppmvd or less at 15
percent O2.

[[Page 48]]

12. Non-emergency, non-black Limit concentration
start stationary RICE of CO in the
100<=HP<=500 which combusts stationary RICE
landfill or digester gas exhaust to 177
equivalent to 10 percent or ppmvd or less at 15
more of the gross heat percent O2.
input on an annual basis.
------------------------------------------------------------------------
\1\ If an emergency engine is operating during an emergency and it is
not possible to shut down the engine in order to perform the work
practice requirements on the schedule required in Table 2c of this
subpart, or if performing the work practice on the required schedule
would otherwise pose an unacceptable risk under federal, state, or
local law, the work practice can be delayed until the emergency is
over or the unacceptable risk under federal, state, or local law has
abated. The work practice should be performed as soon as practicable
after the emergency has ended or the unacceptable risk under federal,
state, or local law has abated. Sources must report any failure to
perform the work practice on the schedule required and the federal,
state or local law under which the risk was deemed unacceptable.
\2\ Sources have the option to utilize an oil analysis program as
described in Sec. 63.6625(i) or (j) in order to extend the specified
oil change requirement in Table 2c of this subpart.
\3\ Sources can petition the Administrator pursuant to the requirements
of 40 CFR 63.6(g) for alternative work practices.

[78 FR 6708, Jan. 30, 2013, as amended at 78 FR 14457, Mar. 6, 2013]

Sec. Table 2d to Subpart ZZZZ of Part 63--Requirements for Existing
Stationary RICE Located at Area Sources of HAP Emissions

As stated in Sec. Sec.63.6603 and 63.6640, you must comply with
the following requirements for existing stationary RICE located at area
sources of HAP emissions:

[[Page 49]]

6. Non-emergency, non-black a. Change oil and
start 2SLB stationary RICE. filter every 4,320
hours of operation
or annually,
whichever comes
first;\1\
b. Inspect spark
plugs every 4,320
hours of operation
or annually,
whichever comes
first, and replace
as necessary; and
c. Inspect all hoses
and belts every
4,320 hours of
operation or
annually, whichever
comes first, and
replace as
necessary.
7. Non-emergency, non-black a. Change oil and
start 4SLB stationary RICE filter every 1,440
<=500 HP. hours of operation
or annually,
whichever comes
first;\1\
b. Inspect spark
plugs every 1,440
hours of operation
or annually,
whichever comes
first, and replace
as necessary; and
c. Inspect all hoses
and belts every
1,440 hours of
operation or
annually, whichever
comes first, and
replace as
necessary.
8. Non-emergency, non-black a. Change oil and
start 4SLB remote filter every 2,160
stationary RICE 500 HP. or annually,
whichever comes
first;\1\
b. Inspect spark
plugs every 2,160
hours of operation
or annually,
whichever comes
first, and replace
as necessary; and
c. Inspect all hoses
and belts every
2,160 hours of
operation or
annually, whichever
comes first, and
replace as
necessary.
9. Non-emergency, non-black Install an oxidation
start 4SLB stationary RICE catalyst to reduce
500 HP that are HAP emissions from
not remote stationary RICE the stationary
and that operate more than RICE.
24 hours per calendar year.
10. Non-emergency, non-black a. Change oil and
start 4SRB stationary RICE filter every 1,440
<=500 HP. hours of operation
or annually,
whichever comes
first;\1\
b. Inspect spark
plugs every 1,440
hours of operation
or annually,
whichever comes
first, and replace
as necessary; and
c. Inspect all hoses
and belts every
1,440 hours of
operation or
annually, whichever
comes first, and
replace as
necessary.
11. Non-emergency, non-black a. Change oil and
start 4SRB remote filter every 2,160
stationary RICE 500 HP. or annually,
whichever comes
first;\1\
b. Inspect spark
plugs every 2,160
hours of operation
or annually,
whichever comes
first, and replace
as necessary; and
c. Inspect all hoses
and belts every
2,160 hours of
operation or
annually, whichever
comes first, and
replace as
necessary.
12. Non-emergency, non-black Install NSCR to
start 4SRB stationary RICE reduce HAP
500 HP that are emissions from the
not remote stationary RICE stationary RICE.
and that operate more than
24 hours per calendar year.
13. Non-emergency, non-black a. Change oil and
start stationary RICE which filter every 1,440
combusts landfill or hours of operation
digester gas equivalent to or annually,
10 percent or more of the whichever comes
gross heat input on an first;\1\
annual basis. b. Inspect spark
plugs every 1,440
hours of operation
or annually,
whichever comes
first, and replace
as necessary; and.

[[Page 50]]

c. Inspect all hoses
and belts every
1,440 hours of
operation or
annually, whichever
comes first, and
replace as
necessary.
------------------------------------------------------------------------
\1\ Sources have the option to utilize an oil analysis program as
described in Sec. 63.6625(i) or (j) in order to extend the specified
oil change requirement in Table 2d of this subpart.
\2\ If an emergency engine is operating during an emergency and it is
not possible to shut down the engine in order to perform the
management practice requirements on the schedule required in Table 2d
of this subpart, or if performing the management practice on the
required schedule would otherwise pose an unacceptable risk under
federal, state, or local law, the management practice can be delayed
until the emergency is over or the unacceptable risk under federal,
state, or local law has abated. The management practice should be
performed as soon as practicable after the emergency has ended or the
unacceptable risk under federal, state, or local law has abated.
Sources must report any failure to perform the management practice on
the schedule required and the federal, state or local law under which
the risk was deemed unacceptable.

[78 FR 6709, Jan. 30, 2013]

Sec. Table 3 to Subpart ZZZZ of Part 63--Subsequent Performance Tests

As stated in Sec. Sec.63.6615 and 63.6620, you must comply with
the following subsequent performance test requirements:

------------------------------------------------------------------------
Complying with the
For each . . . requirement to . . . You must . . .
------------------------------------------------------------------------
1. New or reconstructed 2SLB Reduce CO emissions Conduct subsequent
stationary RICE 500 HP located at major CEMS. semiannually.\1\
sources; new or
reconstructed 4SLB
stationary RICE =250 HP located at major
sources; and new or
reconstructed CI stationary
RICE 500 HP
located at major sources.
2. 4SRB stationary RICE =5,000 HP located at emissions. performance tests
major sources. semiannually.\1\
3. Stationary RICE 500 HP located at major concentration of performance tests
sources and new or formaldehyde in the semiannually.\1\
reconstructed 4SLB stationary RICE
stationary RICE exhaust.
250<=HP<=500 located at
major sources.
4. Existing non-emergency, Limit or reduce CO Conduct subsequent
non-black start CI emissions and not performance tests
stationary RICE 500 HP that are not or 3 years,
limited use stationary RICE. whichever comes
first.
5. Existing non-emergency, Limit or reduce CO Conduct subsequent
non-black start CI emissions and not performance tests
stationary RICE 500 HP that are limited or 5 years,
use stationary RICE. whichever comes
first.
------------------------------------------------------------------------
\1\ After you have demonstrated compliance for two consecutive tests,
you may reduce the frequency of subsequent performance tests to
annually. If the results of any subsequent annual performance test
indicate the stationary RICE is not in compliance with the CO or
formaldehyde emission limitation, or you deviate from any of your
operating limitations, you must resume semiannual performance tests.

[78 FR 6711, Jan. 30, 2013]

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

As stated in Sec. Sec.63.6610, 63.6611, 63.6620, and 63.6640, you
must comply with the following requirements for performance tests for
stationary RICE:

[[Page 51]]

----------------------------------------------------------------------------------------------------------------
Complying with According to the
For each . . . the requirement You must . . . Using . . . following requirements
to . . . . . .
----------------------------------------------------------------------------------------------------------------
1. 2SLB, 4SLB, and CI a. reduce CO i. Select the ................. (a) For CO and O2
stationary RICE. emissions. sampling port measurement, ducts
location and the <=6 inches in
number/location diameter may be
of traverse sampled at a single
points at the point located at the
inlet and outlet duct centroid and
of the control ducts >6 and <=12
device; and inches in diameter
may be sampled at 3
traverse points
located at 16.7,
50.0, and 83.3% of
the measurement line
(`3-point long
line'). If the duct
is >12 inches in
diameter and the
sampling port
location meets the
two and half-diameter
criterion of Section
11.1.1 of Method 1 of
40 CFR part 60,
appendix A-1, the
duct may be sampled
at `3-point long
line'; otherwise,
conduct the
stratification
testing and select
sampling points
according to Section
8.1.2 of Method 7E of
40 CFR part 60,
appendix A-4.
ii. Measure the (1) Method 3 or (b) Measurements to
O2 at the inlet 3A or 3B of 40 determine O2 must be
and outlet of CFR part 60, made at the same time
the control appendix A-2, or as the measurements
device; and ASTM Method for CO concentration.
D6522-00
(Reapproved
2005)\a c\
(heated probe
not necessary).
iii. Measure the (1) ASTM D6522-00 (c) The CO
CO at the inlet (Reapproved concentration must be
and the outlet 2005)\a b c\ at 15 percent O2, dry
of the control (heated probe basis.
device. not necessary)
or Method 10 of
40 CFR part 60,
appendix A-4.
2. 4SRB stationary RICE........ a. reduce i. Select the ................. (a) For formaldehyde,
formaldehyde sampling port O2, and moisture
emissions. location and the measurement, ducts
number/location <=6 inches in
of traverse diameter may be
points at the sampled at a single
inlet and outlet point located at the
of the control duct centroid and
device; and ducts >6 and <=12
inches in diameter
may be sampled at 3
traverse points
located at 16.7,
50.0, and 83.3% of
the measurement line
(`3-point long
line'). If the duct
is >12 inches in
diameter and the
sampling port
location meets the
two and half-diameter
criterion of Section
11.1.1 of Method 1 of
40 CFR part 60,
appendix A, the duct
may be sampled at `3-
point long line';
otherwise, conduct
the stratification
testing and select
sampling points
according to Section
8.1.2 of Method 7E of
40 CFR part 60,
appendix A.
ii. Measure O2 at (1) Method 3 or (a) Measurements to
the inlet and 3A or 3B of 40 determine O2
outlet of the CFR part 60, concentration must be
control device; appendix A-2, or made at the same time
and ASTM Method as the measurements
D6522-00 for formaldehyde or
(Reapproved THC concentration.
2005) \a\
(heated probe
not necessary).
iii. Measure (1) Method 4 of (a) Measurements to
moisture content 40 CFR part 60, determine moisture
at the inlet and appendix A-3, or content must be made
outlet of the Method 320 of 40 at the same time and
control device; CFR part 63, location as the
and appendix A, or measurements for
ASTM D 6348-03 formaldehyde or THC
\a\. concentration.

[[Page 52]]

iv. If (1) Method 320 or (a) Formaldehyde
demonstrating 323 of 40 CFR concentration must be
compliance with part 63, at 15 percent O2, dry
the formaldehyde appendix A; or basis. Results of
percent ASTM D6348-03 this test consist of
reduction \a\, provided in the average of the
requirement, ASTM D6348-03 three 1-hour or
measure formalde- Annex A5 longer runs.
hyde at the (Analyte Spiking
inlet and the Technique), the
outlet of the percent R must
control device. be greater than
or equal to 70
and less than or
equal to 130.
v. If (1) Method 25A, (a) THC concentration
demonstrating reported as must be at 15 percent
compliance with propane, of 40 O2, dry basis.
the THC percent CFR part 60, Results of this test
reduction appendix A-7. consist of the
requirement, average of the three
measure THC at 1-hour or longer
the inlet and runs.
the outlet of
the control
device.
3. Stationary RICE............. a. limit the i. Select the ................. (a) For formaldehyde,
concentra-tion sampling port CO, O2, and moisture
of formalde-hyde location and the measurement, ducts
or CO in the number/location <=6 inches in
stationary RICE of traverse diameter may be
exhaust. points at the sampled at a single
exhaust of the point located at the
stationary RICE; duct centroid and
and ducts >6 and <=12
inches in diameter
may be sampled at 3
traverse points
located at 16.7,
50.0, and 83.3% of
the measurement line
(`3-point long
line'). If the duct
is >12 inches in
diameter and the
sampling port
location meets the
two and half-diameter
criterion of Section
11.1.1 of Method 1 of
40 CFR part 60,
appendix A, the duct
may be sampled at `3-
point long line';
otherwise, conduct
the stratification
testing and select
sampling points
according to Section
8.1.2 of Method 7E of
40 CFR part 60,
appendix A. If using
a control device, the
sampling site must be
located at the outlet
of the control
device.
ii. Determine the (1) Method 3 or (a) Measurements to
O2 concentration 3A or 3B of 40 determine O2
of the CFR part 60, concentration must be
stationary RICE appendix A-2, or made at the same time
exhaust at the ASTM Method and location as the
sampling port D6522-00 measurements for
location; and (Reapproved formaldehyde or CO
2005) \a\ concentration.
(heated probe
not necessary).
iii. Measure (1) Method 4 of (a) Measurements to
moisture content 40 CFR part 60, determine moisture
of the station- appendix A-3, or content must be made
ary RICE exhaust Method 320 of 40 at the same time and
at the sampling CFR part 63, location as the
port location; appendix A, or measurements for
and ASTM D 6348-03 formaldehyde or CO
\a\. concentration.

[[Page 53]]

iv. Measure (1) Method 320 or (a) Formaldehyde
formalde-hyde at 323 of 40 CFR concentration must be
the exhaust of part 63, at 15 percent O2, dry
the station-ary appendix A; or basis. Results of
RICE; or ASTM D6348-03 this test consist of
\a\, provided in the average of the
ASTM D6348-03 three 1-hour or
Annex A5 longer runs.
(Analyte Spiking
Technique), the
percent R must
be greater than
or equal to 70
and less than or
equal to 130.
v. measure CO at (1) Method 10 of (a) CO concentration
the exhaust of 40 CFR part 60, must be at 15 percent
the station-ary appendix A-4, O2, dry basis.
RICE. ASTM Method Results of this test
D6522-00 (2005) consist of the
\a c\, Method average of the three
320 of 40 CFR 1-hour or longer
part 63, runs.
appendix A, or
ASTM D6348-03
\a\.
----------------------------------------------------------------------------------------------------------------
\a\ You may also use Methods 3A and 10 as options to ASTM-D6522-00 (2005). You may obtain a copy of ASTM-D6522-
00 (2005) from at least one of the following addresses: American Society for Testing and Materials, 100 Barr
Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms International, 300 North Zeeb Road,
Ann Arbor, MI 48106.
\b\ You may obtain a copy of ASTM-D6348-03 from at least one of the following addresses: American Society for
Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms
International, 300 North Zeeb Road, Ann Arbor, MI 48106.

[79 FR 11290, Feb. 27, 2014]

Sec. Table 5 to Subpart ZZZZ of Part 63--Initial Compliance With
Emission Limitations, Operating Limitations, and Other Requirements

As stated in Sec. Sec.63.6612, 63.6625 and 63.6630, you must
initially comply with the emission and operating limitations as required
by the following:

------------------------------------------------------------------------
You have
For each . . . Complying with the demonstrated initial
requirement to . . . compliance if . . .
------------------------------------------------------------------------
1. New or reconstructed non- a. Reduce CO i. The average
emergency 2SLB stationary emissions and using reduction of
RICE 500 HP oxidation catalyst, emissions of CO
located at a major source and using a CPMS. determined from the
of HAP, new or initial performance
reconstructed non-emergency test achieves the
4SLB stationary RICE =250 HP located at a reduction; and
major source of HAP, non- ii. You have
emergency stationary CI installed a CPMS to
RICE 500 HP continuously
located at a major source monitor catalyst
of HAP, and existing non- inlet temperature
emergency stationary CI according to the
RICE 500 HP requirements in
located at an area source Sec. 63.6625(b);
of HAP. and
iii. You have
recorded the
catalyst pressure
drop and catalyst
inlet temperature
during the initial
performance test.
2. Non-emergency stationary a. Limit the i. The average CO
CI RICE 500 HP concentration of concentration
located at a major source CO, using oxidation determined from the
of HAP, and existing non- catalyst, and using initial performance
emergency stationary CI a CPMS. test is less than
RICE 500 HP or equal to the CO
located at an area source emission
of HAP. limitation; and
ii. You have
installed a CPMS to
continuously
monitor catalyst
inlet temperature
according to the
requirements in
Sec. 63.6625(b);
and
iii. You have
recorded the
catalyst pressure
drop and catalyst
inlet temperature
during the initial
performance test.

[[Page 54]]

3. New or reconstructed non- a. Reduce CO i. The average
emergency 2SLB stationary emissions and not reduction of
RICE 500 HP using oxidation emissions of CO
located at a major source catalyst. determined from the
of HAP, new or initial performance
reconstructed non-emergency test achieves the
4SLB stationary RICE =250 HP located at a reduction; and
major source of HAP, non- ii. You have
emergency stationary CI installed a CPMS to
RICE 500 HP continuously
located at a major source monitor operating
of HAP, and existing non- parameters approved
emergency stationary CI by the
RICE 500 HP Administrator (if
located at an area source any) according to
of HAP. the requirements in
Sec. 63.6625(b);
and
iii. You have
recorded the
approved operating
parameters (if any)
during the initial
performance test.
4. Non-emergency stationary a. Limit the i. The average CO
CI RICE 500 HP concentration of concentration
located at a major source CO, and not using determined from the
of HAP, and existing non- oxidation catalyst. initial performance
emergency stationary CI test is less than
RICE 500 HP or equal to the CO
located at an area source emission
of HAP. limitation; and
ii. You have
installed a CPMS to
continuously
monitor operating
parameters approved
by the
Administrator (if
any) according to
the requirements in
Sec. 63.6625(b);
and
iii. You have
recorded the
approved operating
parameters (if any)
during the initial
performance test.
5. New or reconstructed non- a. Reduce CO i. You have
emergency 2SLB stationary emissions, and installed a CEMS to
RICE 500 HP using a CEMS. continuously
located at a major source monitor CO and
of HAP, new or either O2 or CO2 at
reconstructed non-emergency both the inlet and
4SLB stationary RICE =250 HP located at a oxidation catalyst
major source of HAP, non- according to the
emergency stationary CI requirements in
RICE 500 HP Sec. 63.6625(a);
located at a major source and
of HAP, and existing non- ii. You have
emergency stationary CI conducted a
RICE 500 HP performance
located at an area source evaluation of your
of HAP. CEMS using PS 3 and
4A of 40 CFR part
60, appendix B; and
iii. The average
reduction of CO
calculated using
Sec. 63.6620
equals or exceeds
the required
percent reduction.
The initial test
comprises the first
4-hour period after
successful
validation of the
CEMS. Compliance is
based on the
average percent
reduction achieved
during the 4-hour
period.
6. Non-emergency stationary a. Limit the i. You have
CI RICE 500 HP concentration of installed a CEMS to
located at a major source CO, and using a continuously
of HAP, and existing non- CEMS. monitor CO and
emergency stationary CI either O2 or CO2 at
RICE 500 HP the outlet of the
located at an area source oxidation catalyst
of HAP. according to the
requirements in
Sec. 63.6625(a);
and
ii. You have
conducted a
performance
evaluation of your
CEMS using PS 3 and
4A of 40 CFR part
60, appendix B; and
iii. The average
concentration of CO
calculated using
Sec. 63.6620 is
less than or equal
to the CO emission
limitation. The
initial test
comprises the first
4-hour period after
successful
validation of the
CEMS. Compliance is
based on the
average
concentration
measured during the
4-hour period.
7. Non-emergency 4SRB a. Reduce i. The average
stationary RICE 500 HP located at a emissions and using emissions of
major source of HAP. NSCR. formaldehyde
determined from the
initial performance
test is equal to or
greater than the
required
formaldehyde
percent reduction,
or the average
reduction of
emissions of THC
determined from the
initial performance
test is equal to or
greater than 30
percent; and
ii. You have
installed a CPMS to
continuously
monitor catalyst
inlet temperature
according to the
requirements in
Sec. 63.6625(b);
and

[[Page 55]]

iii. You have
recorded the
catalyst pressure
drop and catalyst
inlet temperature
during the initial
performance test.
8. Non-emergency 4SRB a. Reduce i. The average
stationary RICE 500 HP located at a emissions and not emissions of
major source of HAP. using NSCR. formaldehyde
determined from the
initial performance
test is equal to or
greater than the
required
formaldehyde
percent reduction
or the average
reduction of
emissions of THC
determined from the
initial performance
test is equal to or
greater than 30
percent; and
ii. You have
installed a CPMS to
continuously
monitor operating
parameters approved
by the
Administrator (if
any) according to
the requirements in
Sec. 63.6625(b);
and
iii. You have
recorded the
approved operating
parameters (if any)
during the initial
performance test.
9. New or reconstructed non- a. Limit the i. The average
emergency stationary RICE concentration of formaldehyde
500 HP located formaldehyde in the concentration,
at a major source of HAP, stationary RICE corrected to 15
new or reconstructed non- exhaust and using percent O2, dry
emergency 4SLB stationary oxidation catalyst basis, from the
RICE 250<=HP<=500 located or NSCR. three test runs is
at a major source of HAP, less than or equal
and existing non-emergency to the formaldehyde
4SRB stationary RICE 500 HP located at a limitation; and
major source of HAP. ii. You have
installed a CPMS to
continuously
monitor catalyst
inlet temperature
according to the
requirements in
Sec. 63.6625(b);
and
iii. You have
recorded the
catalyst pressure
drop and catalyst
inlet temperature
during the initial
performance test.
10. New or reconstructed non- a. Limit the i. The average
emergency stationary RICE concentration of formaldehyde
500 HP located formaldehyde in the concentration,
at a major source of HAP, stationary RICE corrected to 15
new or reconstructed non- exhaust and not percent O2, dry
emergency 4SLB stationary using oxidation basis, from the
RICE 250<=HP<=500 located catalyst or NSCR. three test runs is
at a major source of HAP, less than or equal
and existing non-emergency to the formaldehyde
4SRB stationary RICE 500 HP located at a limitation; and
major source of HAP. ii. You have
installed a CPMS to
continuously
monitor operating
parameters approved
by the
Administrator (if
any) according to
the requirements in
Sec. 63.6625(b);
and
iii. You have
recorded the
approved operating
parameters (if any)
during the initial
performance test.
11. Existing non-emergency a. Reduce CO i. The average
stationary RICE emissions. reduction of
100<=HP<=500 located at a emissions of CO or
major source of HAP, and formaldehyde, as
existing non-emergency applicable
stationary CI RICE determined from the
300500 HP located at an initial compliance
area source of HAP that are demonstration as
not remote stationary RICE specified in Sec.
and that are operated more 63.6630(e) to show
than 24 hours per calendar that the average
year. reduction of
emissions of CO is
93 percent or more,
or the average CO
concentration is
less than or equal
to 47 ppmvd at 15
percent O2;
ii. You have
installed a CPMS to
continuously
monitor catalyst
inlet temperature
according to the
requirements in
Sec. 63.6625(b),
or you have
installed equipment
to automatically
shut down the
engine if the
catalyst inlet
temperature exceeds
1350 [deg]F.

[[Page 56]]

14. Existing non-emergency a. Install NSCR..... i. You have
4SRB stationary RICE 500 HP located at an initial compliance
area source of HAP that are demonstration as
not remote stationary RICE specified in Sec.
and that are operated more 63.6630(e) to show
than 24 hours per calendar that the average
year. reduction of
emissions of CO is
75 percent or more,
the average CO
concentration is
less than or equal
to 270 ppmvd at 15
percent O2, or the
average reduction
of emissions of THC
is 30 percent or
more;
ii. You have
installed a CPMS to
continuously
monitor catalyst
inlet temperature
according to the
requirements in
Sec. 63.6625(b),
or you have
installed equipment
to automatically
shut down the
engine if the
catalyst inlet
temperature exceeds
1250 [deg]F.
------------------------------------------------------------------------

[78 FR 6712, Jan. 30, 2013]

Sec. Table 6 to Subpart ZZZZ of Part 63--Continuous Compliance With
Emission Limitations, and Other Requirements

As stated in Sec.63.6640, you must continuously comply with the
emissions and operating limitations and work or management practices as
required by the following:

------------------------------------------------------------------------
You must demonstrate
Complying with the continuous
For each . . . requirement to . . . compliance by . . .

------------------------------------------------------------------------
1. New or reconstructed non- a. Reduce CO i. Conducting
emergency 2SLB stationary emissions and using semiannual
RICE 500 HP an oxidation performance tests
located at a major source catalyst, and using for CO to
of HAP, new or a CPMS. demonstrate that
reconstructed non-emergency the required CO
4SLB stationary RICE =250 HP located at a is achieved \a\;
major source of HAP, and and
new or reconstructed non- ii. Collecting the
emergency CI stationary catalyst inlet
RICE 500 HP temperature data
located at a major source according to Sec.
of HAP. 63.6625(b); and
iii. Reducing these
data to 4-hour
rolling averages;
and
iv. Maintaining the
4-hour rolling
averages within the
operating
limitations for the
catalyst inlet
temperature; and
v. Measuring the
pressure drop
across the catalyst
once per month and
demonstrating that
the pressure drop
across the catalyst
is within the
operating
limitation
established during
the performance
test.
2. New or reconstructed non- a. Reduce CO i. Conducting
emergency 2SLB stationary emissions and not semiannual
RICE 500 HP using an oxidation performance tests
located at a major source catalyst, and using for CO to
of HAP, new or a CPMS. demonstrate that
reconstructed non-emergency the required CO
4SLB stationary RICE =250 HP located at a is achieved \a\;
major source of HAP, and and
new or reconstructed non- ii. Collecting the
emergency CI stationary approved operating
RICE 500 HP parameter (if any)
located at a major source data according to
of HAP. Sec. 63.6625(b);
and
iii. Reducing these
data to 4-hour
rolling averages;
and
iv. Maintaining the
4-hour rolling
averages within the
operating
limitations for the
operating
parameters
established during
the performance
test.
3. New or reconstructed non- a. Reduce CO i. Collecting the
emergency 2SLB stationary emissions or limit monitoring data
RICE 500 HP the concentration according to Sec.
located at a major source of CO in the 63.6625(a),
of HAP, new or stationary RICE reducing the
reconstructed non-emergency exhaust, and using measurements to 1-
4SLB stationary RICE =250 HP located at a calculating the
major source of HAP, new or percent reduction
reconstructed non-emergency or concentration of
stationary CI RICE 500 HP located at a according to Sec.
major source of HAP, and 63.6620; and
existing non-emergency ii. Demonstrating
stationary CI RICE 500 HP. achieves the
required percent
reduction of CO
emissions over the
4-hour averaging
period, or that the
emission remain at
or below the CO
concentration
limit; and

[[Page 57]]

iii. Conducting an
annual RATA of your
CEMS using PS 3 and
4A of 40 CFR part
60, appendix B, as
well as daily and
periodic data
quality checks in
accordance with 40
CFR part 60,
appendix F,
procedure 1.
4. Non-emergency 4SRB a. Reduce i. Collecting the
stationary RICE 500 HP located at a emissions and using temperature data
major source of HAP. NSCR. according to Sec.
63.6625(b); and
ii. Reducing these
data to 4-hour
rolling averages;
and
iii. Maintaining the
4-hour rolling
averages within the
operating
limitations for the
catalyst inlet
temperature; and
iv. Measuring the
pressure drop
across the catalyst
once per month and
demonstrating that
the pressure drop
across the catalyst
is within the
operating
limitation
established during
the performance
test.
5. Non-emergency 4SRB a. Reduce i. Collecting the
stationary RICE 500 HP located at a emissions and not parameter (if any)
major source of HAP. using NSCR. data according to
Sec. 63.6625(b);
and
ii. Reducing these
data to 4-hour
rolling averages;
and
iii. Maintaining the
4-hour rolling
averages within the
operating
limitations for the
operating
parameters
established during
the performance
test.
6. Non-emergency 4SRB a. Reduce Conducting
stationary RICE with a formaldehyde semiannual
brake HP =5,000 emissions. performance tests
located at a major source for formaldehyde to
of HAP. demonstrate that
the required
formaldehyde
percent reduction
is achieved, or to
demonstrate that
the average
reduction of
emissions of THC
determined from the
performance test is
equal to or greater
than 30 percent.\a\
7. New or reconstructed non- a. Limit the i. Conducting
emergency stationary RICE concentration of semiannual
500 HP located formaldehyde in the performance tests
at a major source of HAP stationary RICE for formaldehyde to
and new or reconstructed exhaust and using demonstrate that
non-emergency 4SLB oxidation catalyst your emissions
stationary RICE or NSCR. remain at or below
250<=HP<=500 located at a the formaldehyde
major source of HAP. concentration limit
\a\; and
ii. Collecting the
catalyst inlet
temperature data
according to Sec.
63.6625(b); and
iii. Reducing these
data to 4-hour
rolling averages;
and
iv. Maintaining the
4-hour rolling
averages within the
operating
limitations for the
catalyst inlet
temperature; and
v. Measuring the
pressure drop
across the catalyst
once per month and
demonstrating that
the pressure drop
across the catalyst
is within the
operating
limitation
established during
the performance
test.
8. New or reconstructed non- a. Limit the i. Conducting
emergency stationary RICE concentration of semiannual
500 HP located formaldehyde in the performance tests
at a major source of HAP stationary RICE for formaldehyde to
and new or reconstructed exhaust and not demonstrate that
non-emergency 4SLB using oxidation your emissions
stationary RICE catalyst or NSCR. remain at or below
250<=HP<=500 located at a the formaldehyde
major source of HAP. concentration limit
\a\; and
ii. Collecting the
approved operating
parameter (if any)
data according to
Sec. 63.6625(b);
and
iii. Reducing these
data to 4-hour
rolling averages;
and
iv. Maintaining the
4-hour rolling
averages within the
operating
limitations for the
operating
parameters
established during
the performance
test.

[[Page 58]]

9. Existing emergency and a. Work or i. Operating and
black start stationary RICE Management maintaining the
<=500 HP located at a major practices. stationary RICE
source of HAP, existing non- according to the
emergency stationary RICE manufacturer's
<100 HP located at a major emission-related
source of HAP, existing operation and
emergency and black start maintenance
stationary RICE located at instructions; or
an area source of HAP, ii. Develop and
existing non-emergency follow your own
stationary CI RICE <=300 HP maintenance plan
located at an area source which must provide
of HAP, existing non- to the extent
emergency 2SLB stationary practicable for the
RICE located at an area maintenance and
source of HAP, existing non- operation of the
emergency stationary SI engine in a manner
RICE located at an area consistent with
source of HAP which good air pollution
combusts landfill or control practice
digester gas equivalent to for minimizing
10 percent or more of the emissions.
gross heat input on an
annual basis, existing non-
emergency 4SLB and 4SRB
stationary RICE <=500 HP
located at an area source
of HAP, existing non-
emergency 4SLB and 4SRB
stationary RICE 500 HP located at an
area source of HAP that
operate 24 hours or less
per calendar year, and
existing non-emergency 4SLB
and 4SRB stationary RICE
500 HP located
at an area source of HAP
that are remote stationary
RICE.
10. Existing stationary CI a. Reduce CO i. Conducting
RICE 500 HP that emissions, or limit performance tests
are not limited use the concentration every 8,760 hours
stationary RICE. of CO in the or 3 years,
stationary RICE whichever comes
exhaust, and using first, for CO or
oxidation catalyst. formaldehyde, as
appropriate, to
demonstrate that
the required CO or
formaldehyde, as
appropriate,
percent reduction
is achieved or that
your emissions
remain at or below
the CO or
formaldehyde
concentration
limit; and
ii. Collecting the
catalyst inlet
temperature data
according to Sec.
63.6625(b); and
iii. Reducing these
data to 4-hour
rolling averages;
and
iv. Maintaining the
4-hour rolling
averages within the
operating
limitations for the
catalyst inlet
temperature; and
v. Measuring the
pressure drop
across the catalyst
once per month and
demonstrating that
the pressure drop
across the catalyst
is within the
operating
limitation
established during
the performance
test.
11. Existing stationary CI a. Reduce CO i. Conducting
RICE 500 HP that emissions, or limit performance tests
are not limited use the concentration every 8,760 hours
stationary RICE. of CO in the or 3 years,
stationary RICE whichever comes
exhaust, and not first, for CO or
using oxidation formaldehyde, as
catalyst. appropriate, to
demonstrate that
the required CO or
formaldehyde, as
appropriate,
percent reduction
is achieved or that
your emissions
remain at or below
the CO or
formaldehyde
concentration
limit; and
ii. Collecting the
approved operating
parameter (if any)
data according to
Sec. 63.6625(b);
and
iii. Reducing these
data to 4-hour
rolling averages;
and
iv. Maintaining the
4-hour rolling
averages within the
operating
limitations for the
operating
parameters
established during
the performance
test.

[[Page 59]]

12. Existing limited use CI a. Reduce CO i. Conducting
stationary RICE 500 HP. the concentration every 8,760 hours
of CO in the or 5 years,
stationary RICE whichever comes
exhaust, and using first, for CO or
an oxidation formaldehyde, as
catalyst. appropriate, to
demonstrate that
the required CO or
formaldehyde, as
appropriate,
percent reduction
is achieved or that
your emissions
remain at or below
the CO or
formaldehyde
concentration
limit; and
ii. Collecting the
catalyst inlet
temperature data
according to Sec.
63.6625(b); and
iii. Reducing these
data to 4-hour
rolling averages;
and
iv. Maintaining the
4-hour rolling
averages within the
operating
limitations for the
catalyst inlet
temperature; and
v. Measuring the
pressure drop
across the catalyst
once per month and
demonstrating that
the pressure drop
across the catalyst
is within the
operating
limitation
established during
the performance
test.
13. Existing limited use CI a. Reduce CO i. Conducting
stationary RICE 500 HP. the concentration every 8,760 hours
of CO in the or 5 years,
stationary RICE whichever comes
exhaust, and not first, for CO or
using an oxidation formaldehyde, as
catalyst. appropriate, to
demonstrate that
the required CO or
formaldehyde, as
appropriate,
percent reduction
is achieved or that
your emissions
remain at or below
the CO or
formaldehyde
concentration
limit; and
ii. Collecting the
approved operating
parameter (if any)
data according to
Sec. 63.6625(b);
and
iii. Reducing these
data to 4-hour
rolling averages;
and
iv. Maintaining the
4-hour rolling
averages within the
operating
limitations for the
operating
parameters
established during
the performance
test.
14. Existing non-emergency a. Install an i. Conducting annual
4SLB stationary RICE 500 HP located at an demonstrations as
area source of HAP that are specified in Sec.
not remote stationary RICE 63.6640(c) to show
and that are operated more that the average
than 24 hours per calendar reduction of
year. emissions of CO is
93 percent or more,
or the average CO
concentration is
less than or equal
to 47 ppmvd at 15
percent O2; and
either
ii. Collecting the
catalyst inlet
temperature data
according to Sec.
63.6625(b),
reducing these data
to 4-hour rolling
averages; and
maintaining the 4-
hour rolling
averages within the
limitation of
greater than 450
[deg]F and less
than or equal to
1350 [deg]F for the
catalyst inlet
temperature; or
iii. Immediately
shutting down the
engine if the
catalyst inlet
temperature exceeds
1350 [deg]F.

[[Page 60]]

15. Existing non-emergency a. Install NSCR..... i. Conducting annual
4SRB stationary RICE 500 HP located at an demonstrations as
area source of HAP that are specified in Sec.
not remote stationary RICE 63.6640(c) to show
and that are operated more that the average
than 24 hours per calendar reduction of
year. emissions of CO is
75 percent or more,
the average CO
concentration is
less than or equal
to 270 ppmvd at 15
percent O2, or the
average reduction
of emissions of THC
is 30 percent or
more; and either
ii. Collecting the
catalyst inlet
temperature data
according to Sec.
63.6625(b),
reducing these data
to 4-hour rolling
averages; and
maintaining the 4-
hour rolling
averages within the
limitation of
greater than or
equal to 750 [deg]F
and less than or
equal to 1250
[deg]F for the
catalyst inlet
temperature; or
iii. Immediately
shutting down the
engine if the
catalyst inlet
temperature exceeds
1250 [deg]F.
------------------------------------------------------------------------
\a\ After you have demonstrated compliance for two consecutive tests,
you may reduce the frequency of subsequent performance tests to
annually. If the results of any subsequent annual performance test
indicate the stationary RICE is not in compliance with the CO or
formaldehyde emission limitation, or you deviate from any of your
operating limitations, you must resume semiannual performance tests.

[78 FR 6715, Jan. 30, 2013]

Sec. Table 7 to Subpart ZZZZ of Part 63--Requirements for Reports

As stated in Sec.63.6650, you must comply with the following
requirements for reports:

----------------------------------------------------------------------------------------------------------------
You must submit a . . . The report must contain You must submit the
For each . . . . . . report . . .
----------------------------------------------------------------------------------------------------------------
1. Existing non-emergency, non-black Compliance report...... a. If there are no i. Semiannually
start stationary RICE 100<=HP<=500 deviations from any according to the
located at a major source of HAP; emission limitations requirements in Sec.
existing non-emergency, non-black or operating 63.6650(b)(1)-(5) for
start stationary CI RICE 500 HP located at a major source to you, a statement limited use stationary
of HAP; existing non-emergency 4SRB that there were no RICE subject to
stationary RICE 500 HP deviations from the numerical emission
located at a major source of HAP; emission limitations limitations; and
existing non-emergency, non-black or operating ii. Annually according
start stationary CI RICE 300 HP located at an area source reporting period. If Sec. 63.6650(b)(6)-
of HAP; new or reconstructed non- there were no periods (9) for engines that
emergency stationary RICE 500 HP located at a major source including CEMS and stationary RICE
of HAP; and new or reconstructed non- CPMS, was out-of- subject to numerical
emergency 4SLB stationary RICE control, as specified emission limitations.
250<=HP<=500 located at a major in Sec. 63.8(c)(7),
source of HAP. a statement that there
were not periods
during which the CMS
was out-of-control
during the reporting
period; or
b. If you had a i. Semiannually
deviation from any according to the
emission limitation or requirements in Sec.
operating limitation 63.6650(b).
during the reporting
period, the
information in Sec.
63.6650(d). If there
were periods during
which the CMS,
including CEMS and
CPMS, was out-of-
control, as specified
in Sec. 63.8(c)(7),
the information in
Sec. 63.6650(e); or
c. If you had a i. Semiannually
malfunction during the according to the
reporting period, the requirements in Sec.
information in Sec.63.6650(b).
63.6650(c)(4).

[[Page 61]]

2. New or reconstructed non-emergency Report................. a. The fuel flow rate i. Annually, according
stationary RICE that combusts of each fuel and the to the requirements in
landfill gas or digester gas heating values that Sec. 63.6650.
equivalent to 10 percent or more of were used in your
the gross heat input on an annual calculations, and you
basis. must demonstrate that
the percentage of heat
input provided by
landfill gas or
digester gas, is
equivalent to 10
percent or more of the
gross heat input on an
annual basis; and
b. The operating limits i. See item 2.a.i.
provided in your
federally enforceable
permit, and any
deviations from these
limits; and
c. Any problems or i. See item 2.a.i.
errors suspected with
the meters.
3. Existing non-emergency, non-black Compliance report...... a. The results of the i. Semiannually
start 4SLB and 4SRB stationary RICE annual compliance according to the
500 HP located at an area demonstration, if requirements in Sec.
source of HAP that are not remote conducted during the 63.6650(b)(1)-(5).
stationary RICE and that operate reporting period.
more than 24 hours per calendar year.
4. Emergency stationary RICE that Report................. a. The information in i. annually according
operate or are contractually Sec. 63.6650(h)(1). to the requirements in
obligated to be available for more Sec. 63.6650(h)(2)-
than 15 hours per year for the (3).
purposes specified in Sec.
63.6640(f)(2)(ii) and (iii) or that
operate for the purposes specified
in Sec. 63.6640(f)(4)(ii).
----------------------------------------------------------------------------------------------------------------

[78 FR 6719, Jan. 30, 2013]

Sec. Table 8 to Subpart ZZZZ of Part 63--Applicability of General
Provisions to Subpart ZZZZ.

As stated in Sec.63.6665, you must comply with the following
applicable general provisions.

----------------------------------------------------------------------------------------------------------------
General provisions citation Subject of citation Applies to subpart Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1....................... General applicability of Yes.
the General Provisions.
Sec. 63.2....................... Definitions............... Yes.................. Additional terms defined
in Sec. 63.6675.
Sec. 63.3....................... Units and abbreviations... Yes.
Sec. 63.4....................... Prohibited activities and Yes.
circumvention.
Sec. 63.5....................... Construction and Yes.
reconstruction.
Sec. 63.6(a).................... Applicability............. Yes.
Sec. 63.6(b)(1)-(4)............. Compliance dates for new Yes.
and reconstructed sources.
Sec. 63.6(b)(5)................. Notification.............. Yes.
Sec. 63.6(b)(6)................. [Reserved]
Sec. 63.6(b)(7)................. Compliance dates for new Yes.
and reconstructed area
sources that become major
sources.
Sec. 63.6(c)(1)-(2)............. Compliance dates for Yes.
existing sources.
Sec. 63.6(c)(3)-(4)............. [Reserved]
Sec. 63.6(c)(5)................. Compliance dates for Yes.
existing area sources
that become major sources.
Sec. 63.6(d).................... [Reserved]
Sec. 63.6(e).................... Operation and maintenance. No.
Sec. 63.6(f)(1)................. Applicability of standards No.
Sec. 63.6(f)(2)................. Methods for determining Yes.
compliance.
Sec. 63.6(f)(3)................. Finding of compliance..... Yes.
Sec. 63.6(g)(1)-(3)............. Use of alternate standard. Yes.

[[Page 62]]

Sec. 63.6(h).................... Opacity and visible No................... Subpart ZZZZ does not
emission standards. contain opacity or
visible emission
standards.
Sec. 63.6(i).................... Compliance extension Yes.
procedures and criteria.
Sec. 63.6(j).................... Presidential compliance Yes.
exemption.
Sec. 63.7(a)(1)-(2)............. Performance test dates.... Yes.................. Subpart ZZZZ contains
performance test dates
at Sec.Sec. 63.6610,
63.6611, and 63.6612.
Sec. 63.7(a)(3)................. CAA section 114 authority. Yes.
Sec. 63.7(b)(1)................. Notification of Yes.................. Except that Sec.
performance test. 63.7(b)(1) only applies
as specified in Sec.
63.6645.
Sec. 63.7(b)(2)................. Notification of Yes.................. Except that Sec.
rescheduling. 63.7(b)(2) only applies
as specified in Sec.
63.6645.
Sec. 63.7(c).................... Quality assurance/test Yes.................. Except that Sec.
plan. 63.7(c) only applies as
specified in Sec.
63.6645.
Sec. 63.7(d).................... Testing facilities........ Yes.
Sec. 63.7(e)(1)................. Conditions for conducting No................... Subpart ZZZZ specifies
performance tests. conditions for
conducting performance
tests at Sec. 63.6620.
Sec. 63.7(e)(2)................. Conduct of performance Yes.................. Subpart ZZZZ specifies
tests and reduction of test methods at Sec.
data. 63.6620.
Sec. 63.7(e)(3)................. Test run duration......... Yes.
Sec. 63.7(e)(4)................. Administrator may require Yes.
other testing under
section 114 of the CAA.
Sec. 63.7(f).................... Alternative test method Yes.
provisions.
Sec. 63.7(g).................... Performance test data Yes.
analysis, recordkeeping,
and reporting.
Sec. 63.7(h).................... Waiver of tests........... Yes.
Sec. 63.8(a)(1)................. Applicability of Yes.................. Subpart ZZZZ contains
monitoring requirements. specific requirements
for monitoring at Sec.
63.6625.
Sec. 63.8(a)(2)................. Performance specifications Yes.
Sec. 63.8(a)(3)................. [Reserved]
Sec. 63.8(a)(4)................. Monitoring for control No.
devices.
Sec. 63.8(b)(1)................. Monitoring................ Yes.
Sec. 63.8(b)(2)-(3)............. Multiple effluents and Yes.
multiple monitoring
systems.
Sec. 63.8(c)(1)................. Monitoring system Yes.
operation and maintenance.
Sec. 63.8(c)(1)(i).............. Routine and predictable No...................
SSM.
Sec. 63.8(c)(1)(ii)............. SSM not in Startup Yes.
Shutdown Malfunction Plan.
Sec. 63.8(c)(1)(iii)............ Compliance with operation No...................
and maintenance
requirements.
Sec. 63.8(c)(2)-(3)............. Monitoring system Yes.
installation.
Sec. 63.8(c)(4)................. Continuous monitoring Yes.................. Except that subpart ZZZZ
system (CMS) requirements. does not require
Continuous Opacity
Monitoring System
(COMS).
Sec. 63.8(c)(5)................. COMS minimum procedures... No................... Subpart ZZZZ does not
require COMS.
Sec. 63.8(c)(6)-(8)............. CMS requirements.......... Yes.................. Except that subpart ZZZZ
does not require COMS.
Sec. 63.8(d).................... CMS quality control....... Yes.
Sec. 63.8(e).................... CMS performance evaluation Yes.................. Except for Sec.
63.8(e)(5)(ii), which
applies to COMS.
Except that Sec.
63.8(e) only applies
as specified in Sec.
63.6645.
Sec. 63.8(f)(1)-(5)............. Alternative monitoring Yes.................. Except that Sec.
method. 63.8(f)(4) only applies
as specified in Sec.
63.6645.
Sec. 63.8(f)(6)................. Alternative to relative Yes.................. Except that Sec.
accuracy test. 63.8(f)(6) only applies
as specified in Sec.
63.6645.
Sec. 63.8(g).................... Data reduction............ Yes.................. Except that provisions
for COMS are not
applicable. Averaging
periods for
demonstrating compliance
are specified at Sec.
Sec. 63.6635 and
63.6640.
Sec. 63.9(a).................... Applicability and State Yes.
delegation of
notification requirements.
Sec. 63.9(b)(1)-(5)............. Initial notifications..... Yes.................. Except that Sec.
63.9(b)(3) is reserved.

[[Page 63]]

Except that Sec.
63.9(b) only applies
as specified in Sec.
63.6645.
Sec. 63.9(c).................... Request for compliance Yes.................. Except that Sec.
extension. 63.9(c) only applies as
specified in Sec.
63.6645.
Sec. 63.9(d).................... Notification of special Yes.................. Except that Sec.
compliance requirements 63.9(d) only applies as
for new sources. specified in Sec.
63.6645.
Sec. 63.9(e).................... Notification of Yes.................. Except that Sec.
performance test. 63.9(e) only applies as
specified in Sec.
63.6645.
Sec. 63.9(f).................... Notification of visible No................... Subpart ZZZZ does not
emission (VE)/opacity contain opacity or VE
test. standards.
Sec. 63.9(g)(1)................. Notification of Yes.................. Except that Sec.
performance evaluation. 63.9(g) only applies as
specified in Sec.
63.6645.
Sec. 63.9(g)(2)................. Notification of use of No................... Subpart ZZZZ does not
COMS data. contain opacity or VE
standards.
Sec. 63.9(g)(3)................. Notification that Yes.................. If alternative is in use.
criterion for alternative
to RATA is exceeded.
Except that Sec.
63.9(g) only applies
as specified in Sec.
63.6645.
Sec. 63.9(h)(1)-(6)............. Notification of compliance Yes.................. Except that notifications
status. for sources using a CEMS
are due 30 days after
completion of
performance evaluations.
Sec. 63.9(h)(4) is
reserved.
Except that Sec.
63.9(h) only applies as
specified in Sec.
63.6645.
Sec. 63.9(i).................... Adjustment of submittal Yes.
deadlines.
Sec. 63.9(j).................... Change in previous Yes.
information.
Sec. 63.10(a)................... Administrative provisions Yes.
for recordkeeping/
reporting.
Sec. 63.10(b)(1)................ Record retention.......... Yes.................. Except that the most
recent 2 years of data
do not have to be
retained on site.
Sec. 63.10(b)(2)(i)-(v)......... Records related to SSM.... No.
Sec. 63.10(b)(2)(vi)-(xi)....... Records................... Yes.
Sec. 63.10(b)(2)(xii)........... Record when under waiver.. Yes.
Sec. 63.10(b)(2)(xiii).......... Records when using Yes.................. For CO standard if using
alternative to RATA. RATA alternative.
Sec. 63.10(b)(2)(xiv)........... Records of supporting Yes.
documentation.
Sec. 63.10(b)(3)................ Records of applicability Yes.
determination.
Sec. 63.10(c)................... Additional records for Yes.................. Except that Sec.
sources using CEMS. 63.10(c)(2)-(4) and (9)
are reserved.
Sec. 63.10(d)(1)................ General reporting Yes.
requirements.
Sec. 63.10(d)(2)................ Report of performance test Yes.
results.
Sec. 63.10(d)(3)................ Reporting opacity or VE No................... Subpart ZZZZ does not
observations. contain opacity or VE
standards.
Sec. 63.10(d)(4)................ Progress reports.......... Yes.
Sec. 63.10(d)(5)................ Startup, shutdown, and No.
malfunction reports.
Sec. 63.10(e)(1) and (2)(i)..... Additional CMS Reports.... Yes.
Sec. 63.10(e)(2)(ii)............ COMS-related report....... No................... Subpart ZZZZ does not
require COMS.
Sec. 63.10(e)(3)................ Excess emission and Yes.................. Except that Sec.
parameter exceedances 63.10(e)(3)(i) (C) is
reports. reserved.
Sec. 63.10(e)(4)................ Reporting COMS data....... No................... Subpart ZZZZ does not
require COMS.
Sec. 63.10(f)................... Waiver for recordkeeping/ Yes.
reporting.
Sec. 63.11...................... Flares.................... No.
Sec. 63.12...................... State authority and Yes.
delegations.
Sec. 63.13...................... Addresses................. Yes.
Sec. 63.14...................... Incorporation by reference Yes.
Sec. 63.15...................... Availability of Yes. .........................
information.
----------------------------------------------------------------------------------------------------------------

[75 FR 9688, Mar. 3, 2010, as amended at 78 FR 6720, Jan. 30, 2013]

[[Page 64]]

Sec. Appendix A to Subpart ZZZZ of Part 63--Protocol for Using an
Electrochemical Analyzer to Determine Oxygen and Carbon Monoxide
Concentrations From Certain Engines

1.0 Scope and Application. What is this Protocol?

This protocol is a procedure for using portable electrochemical (EC)
cells for measuring carbon monoxide (CO) and oxygen (O2)
concentrations in controlled and uncontrolled emissions from existing
stationary 4-stroke lean burn and 4-stroke rich burn reciprocating
internal combustion engines as specified in the applicable rule.

1.1 Analytes. What does this protocol determine?

This protocol measures the engine exhaust gas concentrations of
carbon monoxide (CO) and oxygen (O2).

------------------------------------------------------------------------
Analyte CAS No. Sensitivity
------------------------------------------------------------------------
Carbon monoxide (CO)........... 630-08-0 Minimum detectable
limit should be 2
percent of the nominal
range or 1 ppm,
whichever is less
restrictive.
Oxygen (O2).................... 7782-44-7
------------------------------------------------------------------------

1.2 Applicability. When is this protocol acceptable?

This protocol is applicable to 40 CFR part 63, subpart ZZZZ. Because
of inherent cross sensitivities of EC cells, you must not apply this
protocol to other emissions sources without specific instruction to that
effect.

1.3 Data Quality Objectives. How good must my collected data be?

Refer to Section 13 to verify and document acceptable analyzer
performance.

1.4 Range. What is the targeted analytical range for this protocol?

The measurement system and EC cell design(s) conforming to this
protocol will determine the analytical range for each gas component. The
nominal ranges are defined by choosing up-scale calibration gas
concentrations near the maximum anticipated flue gas concentrations for
CO and O2, or no more than twice the permitted CO level.

1.5 Sensitivity. What minimum detectable limit will this protocol yield
for a particular gas component?

The minimum detectable limit depends on the nominal range and
resolution of the specific EC cell used, and the signal to noise ratio
of the measurement system. The minimum detectable limit should be 2
percent of the nominal range or 1 ppm, whichever is less restrictive.

2.0 Summary of Protocol

In this protocol, a gas sample is extracted from an engine exhaust
system and then conveyed to a portable EC analyzer for measurement of CO
and O2 gas concentrations. This method provides measurement
system performance specifications and sampling protocols to ensure
reliable data. You may use additions to, or modifications of vendor
supplied measurement systems (e.g., heated or unheated sample lines,
thermocouples, flow meters, selective gas scrubbers, etc.) to meet the
design specifications of this protocol. Do not make changes to the
measurement system from the as-verified configuration (Section 3.12).

3.0 Definitions

3.1 Measurement System. The total equipment required for the
measurement of CO and O2 concentrations. The measurement
system consists of the following major subsystems:
3.1.1 Data Recorder. A strip chart recorder, computer or digital
recorder for logging measurement data from the analyzer output. You may
record measurement data from the digital data display manually or
electronically.
3.1.2 Electrochemical (EC) Cell. A device, similar to a fuel cell,
used to sense the presence of a specific analyte and generate an
electrical current output proportional to the analyte concentration.
3.1.3 Interference Gas Scrubber. A device used to remove or
neutralize chemical compounds that may interfere with the selective
operation of an EC cell.
3.1.4 Moisture Removal System. Any device used to reduce the
concentration of moisture in the sample stream so as to protect the EC
cells from the damaging effects of condensation and to minimize errors
in measurements caused by the scrubbing of soluble gases.
3.1.5 Sample Interface. The portion of the system used for one or
more of the following: sample acquisition; sample transport; sample
conditioning or protection of the EC cell from any degrading effects of
the engine exhaust effluent; removal of particulate matter and condensed
moisture.
3.2 Nominal Range. The range of analyte concentrations over which
each EC cell is operated (normally 25 percent to 150 percent of up-scale
calibration gas value). Several

[[Page 65]]

nominal ranges can be used for any given cell so long as the calibration
and repeatability checks for that range remain within specifications.
3.3 Calibration Gas. A vendor certified concentration of a specific
analyte in an appropriate balance gas.
3.4 Zero Calibration Error. The analyte concentration output
exhibited by the EC cell in response to zero-level calibration gas.
3.5 Up-Scale Calibration Error. The mean of the difference between
the analyte concentration exhibited by the EC cell and the certified
concentration of the up-scale calibration gas.
3.6 Interference Check. A procedure for quantifying analytical
interference from components in the engine exhaust gas other than the
targeted analytes.
3.7 Repeatability Check. A protocol for demonstrating that an EC
cell operated over a given nominal analyte concentration range provides
a stable and consistent response and is not significantly affected by
repeated exposure to that gas.
3.8 Sample Flow Rate. The flow rate of the gas sample as it passes
through the EC cell. In some situations, EC cells can experience drift
with changes in flow rate. The flow rate must be monitored and
documented during all phases of a sampling run.
3.9 Sampling Run. A timed three-phase event whereby an EC cell's
response rises and plateaus in a sample conditioning phase, remains
relatively constant during a measurement data phase, then declines
during a refresh phase. The sample conditioning phase exposes the EC
cell to the gas sample for a length of time sufficient to reach a
constant response. The measurement data phase is the time interval
during which gas sample measurements can be made that meet the
acceptance criteria of this protocol. The refresh phase then purges the
EC cells with CO-free air. The refresh phase replenishes requisite
O2 and moisture in the electrolyte reserve and provides a
mechanism to de-gas or desorb any interference gas scrubbers or filters
so as to enable a stable CO EC cell response. There are four primary
types of sampling runs: pre- sampling calibrations; stack gas sampling;
post-sampling calibration checks; and measurement system repeatability
checks. Stack gas sampling runs can be chained together for extended
evaluations, providing all other procedural specifications are met.
3.10 Sampling Day. A time not to exceed twelve hours from the time
of the pre-sampling calibration to the post-sampling calibration check.
During this time, stack gas sampling runs can be repeated without
repeated recalibrations, providing all other sampling specifications
have been met.
3.11 Pre-Sampling Calibration/Post-Sampling Calibration Check. The
protocols executed at the beginning and end of each sampling day to
bracket measurement readings with controlled performance checks.
3.12 Performance-Established Configuration. The EC cell and sampling
system configuration that existed at the time that it initially met the
performance requirements of this protocol.

4.0 Interferences.

When present in sufficient concentrations, NO and NO2 are
two gas species that have been reported to interfere with CO
concentration measurements. In the likelihood of this occurrence, it is
the protocol user's responsibility to employ and properly maintain an
appropriate CO EC cell filter or scrubber for removal of these gases, as
described in Section 6.2.12.

5.0 Safety. [Reserved]

6.0 Equipment and Supplies.

6.1 What equipment do I need for the measurement system?

The system must maintain the gas sample at conditions that will
prevent moisture condensation in the sample transport lines, both before
and as the sample gas contacts the EC cells. The essential components of
the measurement system are described below.

6.2 Measurement System Components.

6.2.1 Sample Probe. A single extraction-point probe constructed of
glass, stainless steel or other non-reactive material, and of length
sufficient to reach any designated sampling point. The sample probe must
be designed to prevent plugging due to condensation or particulate
matter.
6.2.2 Sample Line. Non-reactive tubing to transport the effluent
from the sample probe to the EC cell.
6.2.3 Calibration Assembly (optional). A three-way valve assembly or
equivalent to introduce calibration gases at ambient pressure at the
exit end of the sample probe during calibration checks. The assembly
must be designed such that only stack gas or calibration gas flows in
the sample line and all gases flow through any gas path filters.
6.2.4 Particulate Filter (optional). Filters before the inlet of the
EC cell to prevent accumulation of particulate material in the
measurement system and extend the useful life of the components. All
filters must be fabricated of materials that are non-reactive to the gas
mixtures being sampled.
6.2.5 Sample Pump. A leak-free pump to provide undiluted sample gas
to the system at a flow rate sufficient to minimize the response time of
the measurement system. If located upstream of the EC cells, the pump
must be constructed of a material that is non-reactive to the gas
mixtures being sampled.
6.2.8 Sample Flow Rate Monitoring. An adjustable rotameter or
equivalent device used

[[Page 66]]

to adjust and maintain the sample flow rate through the analyzer as
prescribed.
6.2.9 Sample Gas Manifold (optional). A manifold to divert a portion
of the sample gas stream to the analyzer and the remainder to a by-pass
discharge vent. The sample gas manifold may also include provisions for
introducing calibration gases directly to the analyzer. The manifold
must be constructed of a material that is non-reactive to the gas
mixtures being sampled.
6.2.10 EC cell. A device containing one or more EC cells to
determine the CO and O2 concentrations in the sample gas
stream. The EC cell(s) must meet the applicable performance
specifications of Section 13 of this protocol.
6.2.11 Data Recorder. A strip chart recorder, computer or digital
recorder to make a record of analyzer output data. The data recorder
resolution (i.e., readability) must be no greater than 1 ppm for CO; 0.1
percent for O2; and one degree (either [deg]C or [deg]F) for
temperature. Alternatively, you may use a digital or analog meter having
the same resolution to observe and manually record the analyzer
responses.
6.2.12 Interference Gas Filter or Scrubber. A device to remove
interfering compounds upstream of the CO EC cell. Specific interference
gas filters or scrubbers used in the performance-established
configuration of the analyzer must continue to be used. Such a filter or
scrubber must have a means to determine when the removal agent is
exhausted. Periodically replace or replenish it in accordance with the
manufacturer's recommendations.

7.0 Reagents and Standards. What calibration gases are needed?

7.1 Calibration Gases. CO calibration gases for the EC cell must be
CO in nitrogen or CO in a mixture of nitrogen and O2. Use CO
calibration gases with labeled concentration values certified by the
manufacturer to be within 5 percent of the label
value. Dry ambient air (20.9 percent O2) is acceptable for
calibration of the O2 cell. If needed, any lower percentage
O2 calibration gas must be a mixture of O2 in
nitrogen.
7.1.1 Up-Scale CO Calibration Gas Concentration. Choose one or more
up-scale gas concentrations such that the average of the stack gas
measurements for each stack gas sampling run are between 25 and 150
percent of those concentrations. Alternatively, choose an up-scale gas
that does not exceed twice the concentration of the applicable outlet
standard. If a measured gas value exceeds 150 percent of the up-scale CO
calibration gas value at any time during the stack gas sampling run, the
run must be discarded and repeated.
7.1.2 Up-Scale O2 Calibration Gas Concentration.
Select an O2 gas concentration such that the difference
between the gas concentration and the average stack gas measurement or
reading for each sample run is less than 15 percent O2. When
the average exhaust gas O2 readings are above 6 percent, you
may use dry ambient air (20.9 percent O2) for the up-scale
O2 calibration gas.
7.1.3 Zero Gas. Use an inert gas that contains less than 0.25
percent of the up-scale CO calibration gas concentration. You may use
dry air that is free from ambient CO and other combustion gas products
(e.g., CO2).

8.0 Sample Collection and Analysis

8.1 Selection of Sampling Sites.
8.1.1 Control Device Inlet. Select a sampling site sufficiently
downstream of the engine so that the combustion gases should be well
mixed. Use a single sampling extraction point near the center of the
duct (e.g., within the 10 percent centroidal area), unless instructed
otherwise.
8.1.2 Exhaust Gas Outlet. Select a sampling site located at least
two stack diameters downstream of any disturbance (e.g., turbocharger
exhaust, crossover junction or recirculation take-off) and at least one-
half stack diameter upstream of the gas discharge to the atmosphere. Use
a single sampling extraction point near the center of the duct (e.g.,
within the 10 percent centroidal area), unless instructed otherwise.
8.2 Stack Gas Collection and Analysis. Prior to the first stack gas
sampling run, conduct that the pre-sampling calibration in accordance
with Section 10.1. Use Figure 1 to record all data. Zero the analyzer
with zero gas. Confirm and record that the scrubber media color is
correct and not exhausted. Then position the probe at the sampling point
and begin the sampling run at the same flow rate used during the up-
scale calibration. Record the start time. Record all EC cell output
responses and the flow rate during the ``sample conditioning phase''
once per minute until constant readings are obtained. Then begin the
``measurement data phase'' and record readings every 15 seconds for at
least two minutes (or eight readings), or as otherwise required to
achieve two continuous minutes of data that meet the specification given
in Section 13.1. Finally, perform the ``refresh phase'' by introducing
dry air, free from CO and other combustion gases, until several minute-
to-minute readings of consistent value have been obtained. For each run
use the ``measurement data phase'' readings to calculate the average
stack gas CO and O2 concentrations.
8.3 EC Cell Rate. Maintain the EC cell sample flow rate so that it
does not vary by more than 10 percent throughout
the pre-sampling calibration, stack gas sampling and post-sampling
calibration check. Alternatively, the EC cell sample flow rate can be
maintained within a tolerance range that

[[Page 67]]

does not affect the gas concentration readings by more than 3 percent, as instructed by the EC cell manufacturer.

9.0 Quality Control (Reserved)

10.0 Calibration and Standardization

10.1 Pre-Sampling Calibration. Conduct the following protocol once
for each nominal range to be used on each EC cell before performing a
stack gas sampling run on each field sampling day. Repeat the
calibration if you replace an EC cell before completing all of the
sampling runs. There is no prescribed order for calibration of the EC
cells; however, each cell must complete the measurement data phase
during calibration. Assemble the measurement system by following the
manufacturer's recommended protocols including for preparing and
preconditioning the EC cell. Assure the measurement system has no leaks
and verify the gas scrubbing agent is not depleted. Use Figure 1 to
record all data.
10.1.1 Zero Calibration. For both the O2 and CO cells,
introduce zero gas to the measurement system (e.g., at the calibration
assembly) and record the concentration reading every minute until
readings are constant for at least two consecutive minutes. Include the
time and sample flow rate. Repeat the steps in this section at least
once to verify the zero calibration for each component gas.
10.1.2 Zero Calibration Tolerance. For each zero gas introduction,
the zero level output must be less than or equal to 3 percent of the up-scale gas value or 1 ppm, whichever is less restrictive, for the CO channel
and less than or equal to 0.3 percent
O2 for the O2 channel.
10.1.3 Up-Scale Calibration. Individually introduce each calibration
gas to the measurement system (e.g., at the calibration assembly) and
record the start time. Record all EC cell output responses and the flow
rate during this ``sample conditioning phase'' once per minute until
readings are constant for at least two minutes. Then begin the
``measurement data phase'' and record readings every 15 seconds for a
total of two minutes, or as otherwise required. Finally, perform the
``refresh phase'' by introducing dry air, free from CO and other
combustion gases, until readings are constant for at least two
consecutive minutes. Then repeat the steps in this section at least once
to verify the calibration for each component gas. Introduce all gases to
flow through the entire sample handling system (i.e., at the exit end of
the sampling probe or the calibration assembly).
10.1.4 Up-Scale Calibration Error. The mean of the difference of the
``measurement data phase'' readings from the reported standard gas value
must be less than or equal to 5 percent or 1 ppm for CO or 0.5 percent
O2, whichever is less restrictive, respectively. The maximum
allowable deviation from the mean measured value of any single
``measurement data phase'' reading must be less than or equal to 2 percent or 1 ppm for CO or
0.5 percent O2, whichever is less
restrictive, respectively.
10.2 Post-Sampling Calibration Check. Conduct a stack gas post-
sampling calibration check after the stack gas sampling run or set of
runs and within 12 hours of the initial calibration. Conduct up-scale
and zero calibration checks using the protocol in Section 10.1. Make no
changes to the sampling system or EC cell calibration until all post-
sampling calibration checks have been recorded. If either the zero or
up-scale calibration error exceeds the respective specification in
Sections 10.1.2 and 10.1.4 then all measurement data collected since the
previous successful calibrations are invalid and re-calibration and re-
sampling are required. If the sampling system is disassembled or the EC
cell calibration is adjusted, repeat the calibration check before
conducting the next analyzer sampling run.

11.0 Analytical Procedure

The analytical procedure is fully discussed in Section 8.

12.0 Calculations and Data Analysis

Determine the CO and O2 concentrations for each stack gas
sampling run by calculating the mean gas concentrations of the data
recorded during the ``measurement data phase''.

13.0 Protocol Performance

Use the following protocols to verify consistent analyzer
performance during each field sampling day.
13.1 Measurement Data Phase Performance Check. Calculate the mean of
the readings from the ``measurement data phase''. The maximum allowable
deviation from the mean for each of the individual readings is 2 percent, or 1 ppm, whichever is
less restrictive. Record the mean value and maximum deviation for each
gas monitored. Data must conform to Section 10.1.4. The EC cell flow
rate must conform to the specification in Section 8.3.

Example: A measurement data phase is invalid if the maximum
deviation of any single reading comprising that mean is greater than
2 percent or 1 ppm (the
default criteria). For example, if the mean = 30 ppm, single readings of
below 29 ppm and above 31 ppm are disallowed).

13.2 Interference Check. Before the initial use of the EC cell and
interference gas scrubber in the field, and semi-annually thereafter,
challenge the interference gas scrubber with NO and NO2 gas
standards that are

[[Page 68]]

generally recognized as representative of diesel-fueled engine NO and
NO2 emission values. Record the responses displayed by the CO
EC cell and other pertinent data on Figure 1 or a similar form.
13.2.1 Interference Response. The combined NO and NO2
interference response should be less than or equal to 5 percent of the up-scale CO calibration gas
concentration.
13.3 Repeatability Check. Conduct the following check once for each
nominal range that is to be used on the CO EC cell within 5 days prior
to each field sampling program. If a field sampling program lasts longer
than 5 days, repeat this check every 5 days. Immediately repeat the
check if the EC cell is replaced or if the EC cell is exposed to gas
concentrations greater than 150 percent of the highest up-scale gas
concentration.
13.3.1 Repeatability Check Procedure. Perform a complete EC cell
sampling run (all three phases) by introducing the CO calibration gas to
the measurement system and record the response. Follow Section 10.1.3.
Use Figure 1 to record all data. Repeat the run three times for a total
of four complete runs. During the four repeatability check runs, do not
adjust the system except where necessary to achieve the correct
calibration gas flow rate at the analyzer.
13.3.2 Repeatability Check Calculations. Determine the highest and
lowest average ``measurement data phase'' CO concentrations from the
four repeatability check runs and record the results on Figure 1 or a
similar form. The absolute value of the difference between the maximum
and minimum average values recorded must not vary more than 3 percent or 1 ppm of the up-scale
gas value, whichever is less restrictive.

14.0 Pollution Prevention (Reserved)

15.0 Waste Management (Reserved)

16.0 Alternative Procedures (Reserved)

17.0 References

(1) ``Development of an Electrochemical Cell Emission Analyzer Test
Protocol'', Topical Report, Phil Juneau, Emission Monitoring, Inc., July
1997.
(2) ``Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen
Emissions from Natural Gas-Fired Engines, Boilers, and Process Heaters
Using Portable Analyzers'', EMC Conditional Test Protocol 30 (CTM-30),
Gas Research Institute Protocol GRI-96/0008, Revision 7, October 13,
1997.
(3) ``ICAC Test Protocol for Periodic Monitoring'', EMC Conditional
Test Protocol 34 (CTM-034), The Institute of Clean Air Companies,
September 8, 1999.
(4) ``Code of Federal Regulations'', Protection of Environment, 40
CFR, Part 60, Appendix A, Methods 1-4; 10.

[[Page 69]]

Table 1: Appendix A--Sampling Run Data.
Facility__________ Engine I.D.__________ Date______
Run Type:....................................... (_) (_) (_) (_)
(X)............................................. Pre-Sample CalibratioStack Gas Sample Post-Sample Cal. Check Repeatability Check

Run ........................................................ 1 1 2 2 3 3 4 4 Time Scrub. OK Flow- Rate
Gas.......................................................... O2 CO O2 CO O2 CO O2 CO ............... ...............
........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
Sample Cond.................................................. ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
Phase........................................................
[sec]........................................................ ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
[sec]........................................................ ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
[sec]........................................................ ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
[sec]........................................................ ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
Measurement.................................................. ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
Data Phase...................................................
[sec]........................................................ ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
[sec]........................................................ ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
[sec]........................................................ ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
[sec]........................................................ ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
[sec]........................................................ ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
[sec]........................................................ ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
[sec]........................................................ ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
[sec]........................................................ ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
[sec]........................................................ ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
[sec]........................................................ ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
Mean......................................................... ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
Refresh...................................................... ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
Phase........................................................
[sec]........................................................ ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
[sec]........................................................ ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
[sec]........................................................ ........ ........ ........ ........ ........ ........ ........ ........ ............... ...............
[sec]........................................................ ........ ........ ........ ........ ........ ........ ........ ........ ............... ............... ...............
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 70]]

[78 FR 6721, Jan. 30, 2013]

Subpart AAAAA_National Emission Standards for Hazardous Air Pollutants
for Lime Manufacturing Plants

Source: 69 FR 416, Jan. 5, 2004, unless otherwise noted.

What This Subpart Covers

Sec.63.7080 What is the purpose of this subpart?

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

Sec.63.7081 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a lime
manufacturing plant (LMP) that is a major source, or that is located at,
or is part of, a major source of hazardous air pollutant (HAP)
emissions, unless the LMP is located at a kraft pulp mill, soda pulp
mill, sulfite pulp mill, beet sugar manufacturing plant, or only
processes sludge containing calcium carbonate from water softening
processes.
(1) An LMP is an establishment engaged in the manufacture of lime
product (calcium oxide, calcium oxide with magnesium oxide, or dead
burned dolomite) by calcination of limestone, dolomite, shells or other
calcareous substances.
(2) A major source of HAP is a plant site that emits or has the
potential to emit any single HAP at a rate of 9.07 megagrams (10 tons)
or more per year or any combination of HAP at a rate of 22.68 megagrams
(25 tons) or more per year from all emission sources at the plant site.
(b) [Reserved]

Sec.63.7082 What parts of my plant does this subpart cover?

(a) This subpart applies to each existing or new lime kiln(s) and
their associated cooler(s), and processed stone handling (PSH)
operations system(s) located at an LMP that is a major source.
(b) A new lime kiln is a lime kiln, and (if applicable) its
associated lime cooler, for which construction or reconstruction began
after December 20, 2002, if you met the applicability criteria in Sec.
63.7081 at the time you began construction or reconstruction.
(c) A new PSH operations system is the equipment in paragraph (g) of
this section, for which construction or reconstruction began after
December 20, 2002, if you met the applicability criteria in Sec.
63.7081 at the time you began construction or reconstruction.
(d) A lime kiln or PSH operations system is reconstructed if it
meets the criteria for reconstruction defined in Sec.63.2.
(e) An existing lime kiln is any lime kiln, and (if applicable) its
associated lime cooler, that does not meet the definition of a new kiln
of paragraph (b) of this section.
(f) An existing PSH operations system is any PHS operations system
that does not meet the definition of a new PSH operations system in
paragraph (c) of this section.
(g) A PSH operations system includes all equipment associated with
PSH operations beginning at the processed stone storage bin(s) or open
storage pile(s) and ending where the processed stone is fed into the
kiln. It includes man-made processed stone storage bins (but not open
processed stone storage piles), conveying system transfer points, bulk
loading or unloading systems, screening operations, surge bins, bucket
elevators, and belt conveyors. No other materials processing operations
are subject to this subpart.
(h) Nuisance dust collectors on lime coolers are part of the lime
materials processing operations and are not covered by this subpart.
(i) Lime hydrators are not subject to this subpart.
(j) Open material storage piles are not subject to this subpart.

Sec.63.7083 When do I have to comply with this subpart?

(a) If you have a new affected source, you must comply with this
subpart according to paragraphs (a)(1) and (2) of this section.

[[Page 71]]

(1) If you start up your affected source before January 5, 2004, you
must comply with the emission limitations no later than January 5, 2004,
and you must have completed all applicable performance tests no later
than July 5, 2004.
(2) If you start up your affected source after January 5, 2004, then
you must comply with the emission limitations for new affected sources
upon startup of your affected source and you must have completed all
applicable performance tests no later than 180 days after startup.
(b) If you have an existing affected source, you must comply with
the applicable emission limitations for the existing affected source,
and you must have completed all applicable performance tests no later
than January 5, 2007.
(c) If you have an LMP that is an area source that increases its
emissions or its potential to emit such that it becomes a major source
of HAP, the deadlines specified in paragraphs (c)(1) and (2) of this
section apply.
(1) New affected sources at your LMP you must be in compliance with
this subpart upon startup.
(2) Existing affected sources at your LMP must be in compliance with
this subpart within 3 years after your source becomes a major source of
HAP.
(d) You must meet the notification requirements in Sec.63.7130
according to the schedule in Sec.63.7130 and in subpart A of this
part. Some of the notifications must be submitted before you are
required to comply with the emission limitations in this subpart.

Emission Limitations

Sec.63.7090 What emission limitations must I meet?

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

General Compliance Requirements

Sec.63.7100 What are my general requirements for complying with
this subpart?

(a) After your initial compliance date, you must be in compliance
with the emission limitations (including operating limits) in this
subpart at all times, except during periods of startup, shutdown, and
malfunction.
(b) You must be in compliance with the opacity and visible emission
(VE) limits in this subpart during the times specified in Sec.
63.6(h)(1).
(c) You must always operate and maintain your affected source,
including air pollution control and monitoring equipment, according to
the provisions in Sec.63.6(e)(1)(i).
(d) You must prepare and implement for each LMP, a written
operations, maintenance, and monitoring (OM&M) plan. You must submit the
plan to the applicable permitting authority for review and approval as
part of the application for a 40 CFR part 70 or 40 CFR part 71 permit.
Any subsequent changes to the plan must be submitted to the applicable
permitting authority for review and approval. Pending approval by the
applicable permitting authority of an initial or amended plan, you must
comply with the provisions of the submitted plan. Each plan must contain
the following information:
(1) Process and control device parameters to be monitored to
determine compliance, along with established operating limits or ranges,
as applicable, for each emission unit.
(2) A monitoring schedule for each emission unit.
(3) Procedures for the proper operation and maintenance of each
emission unit and each air pollution control device used to meet the
applicable emission limitations and operating limits in Tables 1 and 2
to this subpart, respectively.
(4) Procedures for the proper installation, operation, and
maintenance of monitoring devices or systems used to determine
compliance, including:
(i) Calibration and certification of accuracy of each monitoring
device;
(ii) Performance and equipment specifications for the sample
interface,

[[Page 72]]

parametric signal analyzer, and the data collection and reduction
systems;
(iii) Ongoing operation and maintenance procedures in accordance
with the general requirements of Sec.63.8(c)(1), (3), and (4)(ii); and
(iv) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec.63.8(d).
(5) Procedures for monitoring process and control device parameters.
(6) Corrective actions to be taken when process or operating
parameters or add-on control device parameters deviate from the
operating limits specified in Table 2 to this subpart, including:
(i) Procedures to determine and record the cause of a deviation or
excursion, and the time the deviation or excursion began and ended; and
(ii) Procedures for recording the corrective action taken, the time
corrective action was initiated, and the time and date the corrective
action was completed.
(7) A maintenance schedule for each emission unit and control device
that is consistent with the manufacturer's instructions and
recommendations for routine and long-term maintenance.
(e) You must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec.63.6(e)(3).

[69 FR 416, Jan. 5, 2004, as amended at 71 FR 20467, Apr. 20, 2006]

Testing and Initial Compliance Requirements

Sec.63.7110 By what date must I conduct performance tests and other
initial compliance demonstrations?

(a) If you have an existing affected source, you must complete all
applicable performance tests within January 5, 2007, according to the
provisions in Sec. Sec.63.7(a)(2) and 63.7114.
(b) If you have a new affected source, and commenced construction or
reconstruction between December 20, 2002, and January 5, 2004, you must
demonstrate initial compliance with either the proposed emission
limitation or the promulgated emission limitation no later than 180
calendar days after January 5, 2004 or within 180 calendar days after
startup of the source, whichever is later, according to Sec. Sec.
63.7(a)(2)(ix) and 63.7114.
(c) If you commenced construction or reconstruction between December
20, 2002, and January 5, 2004, and you chose to comply with the proposed
emission limitation when demonstrating initial compliance, you must
conduct a demonstration of compliance with the promulgated emission
limitation within January 5, 2007 or after startup of the source,
whichever is later, according to Sec. Sec.63.7(a)(2)(ix) and 63.7114.
(d) For each initial compliance requirement in Table 3 to this
subpart that applies to you where the monitoring averaging period is 3
hours, the 3-hour period for demonstrating continuous compliance for
emission units within existing affected sources at LMP begins at 12:01
a.m. on the compliance date for existing affected sources, that is, the
day following completion of the initial compliance demonstration, and
ends at 3:01 a.m. on the same day.
(e) For each initial compliance requirement in Table 3 to this
subpart that applies to you where the monitoring averaging period is 3
hours, the 3-hour period for demonstrating continuous compliance for
emission units within new or reconstructed affected sources at LMP
begins at 12:01 a.m. on the day following completion of the initial
compliance demonstration, as required in paragraphs (b) and (c) of this
section, and ends at 3:01 a.m. on the same day.

Sec.63.7111 When must I conduct subsequent performance tests?

You must conduct a performance test within 5 years following the
initial performance test and within 5 years following each subsequent
performance test thereafter.

Sec.63.7112 What performance tests, design evaluations, and other
procedures must I use?

(a) You must conduct each performance test in Table 4 to this
subpart that applies to you.
(b) Each performance test must be conducted according to the
requirements in Sec.63.7(e)(1) and under the specific conditions
specified in Table 4 to this subpart.

[[Page 73]]

(c) You may not conduct performance tests during periods of startup,
shutdown, or malfunction, as specified in Sec.63.7(e)(1).
(d) Except for opacity and VE observations, you must conduct three
separate test runs for each performance test required in this section,
as specified in Sec.63.7(e)(3). Each test run must last at least 1
hour.
(e) The emission rate of particulate matter (PM) from each lime kiln
(and each lime cooler if there is a separate exhaust to the atmosphere
from the lime cooler) must be computed for each run using Equation 1 of
this section:
[GRAPHIC] [TIFF OMITTED] TR05JA04.000

Where:

E = Emission rate of PM, pounds per ton (lb/ton) of stone feed.
Ck = Concentration of PM in the kiln effluent, grain/dry
standard cubic feet (gr/dscf).
Qk = Volumetric flow rate of kiln effluent gas, dry standard
cubic feet per hour (dscf/hr).
Cc = Concentration of PM in the cooler effluent, grain/dscf.
This value is zero if there is not a separate cooler exhaust
to the atmosphere.
Qc = Volumetric flow rate of cooler effluent gas, dscf/hr.
This value is zero if there is not a separate cooler exhaust
to the atmosphere.
P = Stone feed rate, tons per hour (ton/hr).
K = Conversion factor, 7000 grains per pound (grains/lb).

(f)(1) If you choose to meet a weighted average emission limit as
specified in item 4 of Table 1 to this subpart, you must calculate a
combined particulate emission rate from all kilns and coolers within
your LMP using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR05JA04.001

Where:

ET = Emission rate of PM from all kilns and coolers, lb/ton
of stone feed.
Ei = Emission rate of PM from kiln i, or from kiln/cooler
combination i, lb/ton of stone feed.
Pi = Stone feed rate to kiln i, ton/hr.
n = Number of kilns you wish to include in averaging.

(2) You do not have to include every kiln in this calculation, only
include kilns you wish to average. Kilns that have a PM emission limit
of 0.60 lb/tsf are ineligible for any averaging.
(g) The weighted average PM emission limit from all kilns and
coolers for which you are averaging must be calculated using Equation 3
of this section:
[GRAPHIC] [TIFF OMITTED] TR05JA04.002

Where:

ETN = Weighted average PM emission limit for all kilns and
coolers being included in averaging at the LMP, lb/ton of
stone feed.
Ej = PM emission limit (0.10 or 0.12) for kiln j, or for
kiln/cooler combination j, lb/ton of stone feed.
Pj = Stone feed rate to kiln j, ton/hr.
m = Number of kilns and kiln/cooler combinations you are averaging at
your LMP. You must include the same kilns in the calculation
of ET and ETN. Kilns that have a PM
emission limit of 0.60 lb/tsf are ineligible for any
averaging.

(h) Performance test results must be documented in complete test
reports that contain the information required by paragraphs (h)(1)
through (10) of this section, as well as all other relevant information.
The plan to be followed during testing must be made available to the
Administrator at least 60 days prior to testing.
(1) A brief description of the process and the air pollution control
system;
(2) Sampling location description(s);
(3) A description of sampling and analytical procedures and any
modifications to standard procedures;
(4) Test results, including opacity;
(5) Quality assurance procedures and results;
(6) Records of operating conditions during the test, preparation of
standards, and calibration procedures;
(7) Raw data sheets for field sampling and field and laboratory
analyses;
(8) Documentation of calculations;
(9) All data recorded and used to establish operating limits; and
(10) Any other information required by the test method.
(i) [Reserved]
(j) You must establish any applicable 3-hour block average operating
limit indicated in Table 2 to this subpart according to the applicable
requirements

[[Page 74]]

in Table 3 to this subpart and paragraphs (j)(1) through (4) of this
section.
(1) Continuously record the parameter during the PM performance test
and include the parameter record(s) in the performance test report.
(2) Determine the average parameter value for each 15-minute period
of each test run.
(3) Calculate the test run average for the parameter by taking the
average of all the 15-minute parameter values for the run.
(4) Calculate the 3-hour operating limit by taking the average of
the three test run averages.
(k) For each building enclosing any PSH operations that is subject
to a VE limit, you must conduct a VE check according to item 18 in Table
4 to this subpart, and in accordance with paragraphs (k)(1) through (3)
of this section.
(1) Conduct visual inspections that consist of a visual survey of
the building over the test period to identify if there are VE, other
than condensed water vapor.
(2) Select a position at least 15 but not more 1,320 feet from each
side of the building with the sun or other light source generally at
your back.
(3) The observer conducting the VE checks need not be certified to
conduct EPA Method 9 in appendix A to part 60 of this chapter, but must
meet the training requirements as described in EPA Method 22 in appendix
A to part 60 of this chapter.
(l) When determining compliance with the opacity standards for
fugitive emissions from PSH operations in item 7 of Table 1 to this
subpart, you must conduct EPA Method 9 in appendix A to part 60 of this
chapter according to item 17 in Table 4 to this subpart, and in
accordance with paragraphs (l)(1) through (3) of this section.
(1) The minimum distance between the observer and the emission
source shall be 4.57 meters (15 feet).
(2) The observer shall, when possible, select a position that
minimizes interference from other fugitive emission sources (e.g., road
dust). The required observer position relative to the sun must be
followed.
(3) If you use wet dust suppression to control PM from PSH
operations, a visible mist is sometimes generated by the spray. The
water mist must not be confused with particulate matter emissions and is
not to be considered VE. When a water mist of this nature is present,
you must observe emissions at a point in the plume where the mist is no
longer visible.

Sec.63.7113 What are my monitoring installation, operation,
and maintenance requirements?

(a) You must install, operate, and maintain each continuous
parameter monitoring system (CPMS) according to your OM&M plan required
by Sec.63.7100(d) and paragraphs (a)(1) through (5) of this section,
and you must install, operate, and maintain each continuous opacity
monitoring system (COMS) as required by paragraph (g) of this section
(1) The CPMS must complete a minimum of one cycle of operation for
each successive 15-minute period.
(2) To calculate a valid hourly value, you must have at least four
equally spaced data values (or at least two, if that condition is
included to allow for periodic calibration checks) for that hour from a
CPMS that is not out of control according your OM&M plan, and use all
valid data.
(3) To calculate the average for each 3-hour block averaging period,
you must use all valid data, and you must have at least 66 percent of
the hourly averages for that period using only hourly average values
that are based on valid data (i.e., not from out-of-control periods).
(4) You must conduct a performance evaluation of each CPMS in
accordance with your OM&M plan.
(5) You must continuously operate and maintain the CPMS according to
the OM&M plan, including, but not limited to, maintaining necessary
parts for routine repairs of the monitoring equipment.
(b) For each flow measurement device, you must meet the requirements
in paragraphs (a)(1) through (5) and (b)(1) through (4) of this section.
(1) Use a flow sensor with a minimum tolerance of 2 percent of the
flow rate.
(2) Reduce swirling flow or abnormal velocity distributions due to
upstream and downstream disturbances.

[[Page 75]]

(3) Conduct a flow sensor calibration check at least semiannually.
(4) At least monthly, inspect all components for integrity, all
electrical connections for continuity, and all mechanical connections
for leakage.
(c) For each pressure measurement device, you must meet the
requirements in paragraphs (a)(1) through (5) and (c)(1) through (7) of
this section.
(1) Locate the pressure sensor(s) in or as close to as possible a
position that provides a representative measurement of the pressure.
(2) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion.
(3) Use a gauge with a minimum tolerance of 0.5 inch of water or a
transducer with a minimum tolerance of 1 percent of the pressure range.
(4) Check pressure tap pluggage daily.
(5) Using a manometer, check gauge calibration quarterly and
transducer calibration monthly.
(6) Conduct calibration checks any time the sensor exceeds the
manufacturer's specified maximum operating pressure range or install a
new pressure sensor.
(7) At least monthly, inspect all components for integrity, all
electrical connections for continuity, and all mechanical connections
for leakage.
(d) For each bag leak detection system (BLDS), you must meet any
applicable requirements in paragraphs (a)(1) through (5) and (d)(1)
through (8) of this section.
(1) The BLDS must be certified by the manufacturer to be capable of
detecting PM emissions at concentrations of 10 milligrams per actual
cubic meter (0.0044 grains per actual cubic foot) or less.
(2) The sensor on the BLDS must provide output of relative PM
emissions.
(3) The BLDS must have an alarm that will sound automatically when
it detects an increase in relative PM emissions greater than a preset
level.
(4) The alarm must be located in an area where appropriate plant
personnel will be able to hear it.
(5) For a positive-pressure fabric filter (FF), each compartment or
cell must have a bag leak detector (BLD). For a negative-pressure or
induced-air FF, the BLD must be installed downstream of the FF. If
multiple BLD are required (for either type of FF), the detectors may
share the system instrumentation and alarm.
(6) Bag leak detection systems must be installed, operated,
adjusted, and maintained according to the manufacturer's written
specifications and recommendations. Standard operating procedures must
be incorporated into the OM&M plan.
(7) At a minimum, initial adjustment of the system must consist of
establishing the baseline output in both of the following ways:
(i) Adjust the range and the averaging period of the device.
(ii) Establish the alarm set points and the alarm delay time.
(8) After initial adjustment, the range, averaging period, alarm set
points, or alarm delay time may not be adjusted except as specified in
the OM&M plan required by Sec.63.7100(d). In no event may the range be
increased by more than 100 percent or decreased by more than 50 percent
over a 365-day period unless a responsible official, as defined in Sec.
63.2, certifies in writing to the Administrator that the FF has been
inspected and found to be in good operating condition.
(e) For each PM detector, you must meet any applicable requirements
in paragraphs (a)(1) through (5) and (e)(1) through (8) of this section.
(1) The PM detector must be certified by the manufacturer to be
capable of detecting PM emissions at concentrations of 10 milligrams per
actual cubic meter (0.0044 grains per actual cubic foot) or less.
(2) The sensor on the PM detector must provide output of relative PM
emissions.
(3) The PM detector must have an alarm that will sound automatically
when it detects an increase in relative PM emissions greater than a
preset level.
(4) The alarm must be located in an area where appropriate plant
personnel will be able to hear it.
(5) For a positive-pressure electrostatic precipitator (ESP), each
compartment must have a PM detector. For a negative-pressure or induced-
air

[[Page 76]]

ESP, the PM detector must be installed downstream of the ESP. If
multiple PM detectors are required (for either type of ESP), the
detectors may share the system instrumentation and alarm.
(6) Particulate matter detectors must be installed, operated,
adjusted, and maintained according to the manufacturer's written
specifications and recommendations. Standard operating procedures must
be incorporated into the OM&M plan.
(7) At a minimum, initial adjustment of the system must consist of
establishing the baseline output in both of the following ways:
(i) Adjust the range and the averaging period of the device.
(ii) Establish the alarm set points and the alarm delay time.
(8) After initial adjustment, the range, averaging period, alarm set
points, or alarm delay time may not be adjusted except as specified in
the OM&M plan required by Sec.63.7100(d). In no event may the range be
increased by more than 100 percent or decreased by more than 50 percent
over a 365-day period unless a responsible official as defined in Sec.
63.2 certifies in writing to the Administrator that the ESP has been
inspected and found to be in good operating condition.
(f) For each emission unit equipped with an add-on air pollution
control device, you must inspect each capture/collection and closed vent
system at least once each calendar year to ensure that each system is
operating in accordance with the operating requirements in item 6 of
Table 2 to this subpart and record the results of each inspection.
(g) For each COMS used to monitor an add-on air pollution control
device, you must meet the requirements in paragraphs (g)(1) and (2) of
this section.
(1) Install the COMS at the outlet of the control device.
(2) Install, maintain, calibrate, and operate the COMS as required
by 40 CFR part 63, subpart A, General Provisions and according to
Performance Specification (PS)-1 of appendix B to part 60 of this
chapter. Facilities that operate COMS installed on or before February 6,
2001, may continue to meet the requirements in effect at the time of
COMS installation unless specifically required to re-certify the COMS by
their permitting authority.

Sec.63.7114 How do I demonstrate initial compliance with the emission
limitations standard?

(a) You must demonstrate initial compliance with each emission limit
in Table 1 to this subpart that applies to you, according to Table 3 to
this subpart. For existing lime kilns and their associated coolers, you
may perform VE measurements in accordance with EPA Method 9 of appendix
A to part 60 in lieu of installing a COMS or PM detector if any of the
conditions in paragraphs (a)(1) through (3) of this section exist:
(1) You use a FF for PM control, and the FF is under positive
pressure and has multiple stacks; or
(2) The control device exhausts through a monovent; or
(3) The installation of a COMS in accordance with PS-1 of appendix B
to part 60 is infeasible.
(b) You must establish each site-specific operating limit in Table 2
to this subpart that applies to you according to the requirements in
Sec.63.7112(j) and Table 4 to this subpart. Alternative parameters may
be monitored if approval is obtained according to the procedures in
Sec.63.8(f)
(c) You must submit the Notification of Compliance Status containing
the results of the initial compliance demonstration according to the
requirements in Sec.63.7130(e).

Continuous Compliance Requirements

Sec.63.7120 How do I monitor and collect data to demonstrate
continuous compliance?

(a) You must monitor and collect data according to this section.
(b) Except for monitor malfunctions, associated repairs, required
quality assurance or control activities (including, as applicable,
calibration checks and required zero adjustments), and except for PSH
operations subject to monthly VE testing, you must monitor continuously
(or collect data at all required intervals) at all times that the
emission unit is operating.
(c) Data recorded during the conditions described in paragraphs
(c)(1)

[[Page 77]]

through (3) of this section may not be used either in data averages or
calculations of emission or operating limits; or in fulfilling a minimum
data availability requirement. You must use all the data collected
during all other periods in assessing the operation of the control
device and associated control system.
(1) Monitoring system breakdowns, repairs, preventive maintenance,
calibration checks, and zero (low-level) and high-level adjustments;
(2) Periods of non-operation of the process unit (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies; and
(3) Start-ups, shutdowns, and malfunctions.

Sec.63.7121 How do I demonstrate continuous compliance with the
emission limitations standard?

(a) You must demonstrate continuous compliance with each emission
limitation in Tables 1 and 2 to this subpart that applies to you
according to the methods specified in Tables 5 and 6 to this subpart.
(b) You must report each instance in which you did not meet each
operating limit, opacity limit, and VE limit in Tables 2 and 6 to this
subpart that applies to you. This includes periods of startup, shutdown,
and malfunction. These instances are deviations from the emission
limitations in this subpart. These deviations must be reported according
to the requirements in Sec.63.7131.
(c) [Reserved]
(d) Consistent with Sec. Sec.63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec.63.6(e)(1). The
Administrator will determine whether deviations that occur during a
period of startup, shutdown, or malfunction are violations, according to
the provisions in Sec.63.6(e).
(e) For each PSH operation subject to an opacity limit as specified
in Table 1 to this subpart, and any vents from buildings subject to an
opacity limit, you must conduct a VE check according to item 1 in Table
6 to this subpart, and as follows:
(1) Conduct visual inspections that consist of a visual survey of
each stack or process emission point over the test period to identify if
there are VE, other than condensed water vapor.
(2) Select a position at least 15 but not more 1,320 feet from the
affected emission point with the sun or other light source generally at
your back.
(3) The observer conducting the VE checks need not be certified to
conduct EPA Method 9 in appendix A to part 60 of this chapter, but must
meet the training requirements as described in EPA Method 22 of appendix
A to part 60 of this chapter.
(f) For existing lime kilns and their associated coolers, you may
perform VE measurements in accordance with EPA Method 9 of appendix A to
part 60 in lieu of installing a COMS or PM detector if any of the
conditions in paragraphs (f)(1) or (3) of this section exist:
(1) You use a FF for PM control, and the FF is under positive
pressure and has multiple stacks; or
(2) The control device exhausts through a monovent; or
(3) The installation of a COMS in accordance with PS-1 of appendix B
to part 60 is infeasible.

[69 FR 416, Jan. 5, 2004, as amended at 71 FR 20467, Apr. 20, 2006]

Notification, Reports, and Records

Sec.63.7130 What notifications must I submit and when?

(a) You must submit all of the notifications in Sec. Sec.
63.6(h)(4) and (5); 63.7(b) and (c); 63.8(e); (f)(4) and (6); and 63.9
(a) through (j) that apply to you, by the dates specified.
(b) As specified in Sec.63.9(b)(2), if you start up your affected
source before January 5, 2004, you must submit an initial notification
not later than 120 calendar days after January 5, 2004.
(c) If you startup your new or reconstructed affected source on or
after January 5, 2004, you must submit an initial notification not later
than 120 calendar days after you start up your affected source.
(d) If you are required to conduct a performance test, you must
submit a

[[Page 78]]

notification of intent to conduct a performance test at least 60
calendar days before the performance test is scheduled to begin, as
required in Sec.63.7(b)(1).
(e) If you are required to conduct a performance test, design
evaluation, opacity observation, VE observation, or other initial
compliance demonstration as specified in Table 3 or 4 to this subpart,
you must submit a Notification of Compliance Status according to Sec.
63.9(h)(2)(ii).
(1) For each initial compliance demonstration required in Table 3 to
this subpart that does not include a performance test, you must submit
the Notification of Compliance Status before the close of business on
the 30th calendar day following the completion of the initial compliance
demonstration.
(2) For each compliance demonstration required in Table 5 to this
subpart that includes a performance test conducted according to the
requirements in Table 4 to this subpart, you must submit the
Notification of Compliance Status, including the performance test
results, before the close of business on the 60th calendar day following
the completion of the performance test according to Sec.63.10(d)(2).

Sec.63.7131 What reports must I submit and when?

(a) You must submit each report listed in Table 7 to this subpart
that applies to you.
(b) Unless the Administrator has approved a different schedule for
submission of reports under Sec.63.10(a), you must submit each report
by the date specified in Table 7 to this subpart and according to the
requirements in paragraphs (b)(1) through (5) of this section:
(1) The first compliance report must cover the period beginning on
the compliance date that is specified for your affected source in Sec.
63.7083 and ending on June 30 or December 31, whichever date is the
first date following the end of the first half calendar year after the
compliance date that is specified for your source in Sec.63.7083.
(2) The first compliance report must be postmarked or delivered no
later than July 31 or January 31, whichever date follows the end of the
first half calendar year after the compliance date that is specified for
your affected source in Sec.63.7083.
(3) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
(4) Each subsequent compliance report must be postmarked or
delivered no later than July 31 or January 31, whichever date is the
first date following the end of the semiannual reporting period.
(5) For each affected source that is subject to permitting
regulations pursuant to part 70 or part 71 of this chapter, if the
permitting authority has established dates for submitting semiannual
reports pursuant to Sec. Sec.70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A)
of this chapter, you may submit the first and subsequent compliance
reports according to the dates the permitting authority has established
instead of according to the dates specified in paragraphs (b)(1) through
(4) of this section.
(c) The compliance report must contain the information specified in
paragraphs (c)(1) through (6) of this section.
(1) Company name and address.
(2) Statement by a responsible official with that official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
(3) Date of report and beginning and ending dates of the reporting
period.
(4) If you had a startup, shutdown or malfunction during the
reporting period and you took actions consistent with your SSMP, the
compliance report must include the information in Sec.63.10(d)(5)(i).
(5) If there were no deviations from any emission limitations
(emission limit, operating limit, opacity limit, and VE limit) that
apply to you, the compliance report must include a statement that there
were no deviations from the emission limitations during the reporting
period.
(6) If there were no periods during which the continuous monitoring
systems (CMS) were out-of-control as specified in Sec.63.8(c)(7), a
statement that there were no periods during which the CMS were out-of-
control during the reporting period.

[[Page 79]]

(d) For each deviation from an emission limitation (emission limit,
operating limit, opacity limit, and VE limit) that occurs at an affected
source where you are not using a CMS to comply with the emission
limitations in this subpart, the compliance report must contain the
information specified in paragraphs (c)(1) through (4) and (d)(1) and
(2) of this section. The deviations must be reported in accordance with
the requirements in Sec.63.10(d).
(1) The total operating time of each emission unit during the
reporting period.
(2) Information on the number, duration, and cause of deviations
(including unknown cause, if applicable), as applicable, and the
corrective action taken.
(e) For each deviation from an emission limitation (emission limit,
operating limit, opacity limit, and VE limit) occurring at an affected
source where you are using a CMS to comply with the emission limitation
in this subpart, you must include the information specified in
paragraphs (c)(1) through (4) and (e)(1) through (11) of this section.
This includes periods of startup, shutdown, and malfunction.
(1) The date and time that each malfunction started and stopped.
(2) The date and time that each CMS was inoperative, except for zero
(low-level) and high-level checks.
(3) The date, time and duration that each CMS was out-of-control,
including the information in Sec.63.8(c)(8).
(4) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of startup, shutdown, or
malfunction or during another period.
(5) A summary of the total duration of the deviations during the
reporting period and the total duration as a percent of the total
affected source operating time during that reporting period.
(6) A breakdown of the total duration of the deviations during the
reporting period into those that are due to startup, shutdown, control
equipment problems, process problems, other known causes, and other
unknown causes.
(7) A summary of the total duration of CMS downtime during the
reporting period and the total duration of CMS downtime as a percent of
the total emission unit operating time during that reporting period.
(8) A brief description of the process units.
(9) A brief description of the CMS.
(10) The date of the latest CMS certification or audit.
(11) A description of any changes in CMS, processes, or controls
since the last reporting period.
(f) Each facility that has obtained a title V operating permit
pursuant to part 70 or part 71 of this chapter must report all
deviations as defined in this subpart in the semiannual monitoring
report required by Sec. Sec.70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A)
of this chapter. If you submit a compliance report specified in Table 7
to this subpart along with, or as part of, the semiannual monitoring
report required by Sec. Sec.70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A)
of this chapter, and the compliance report includes all required
information concerning deviations from any emission limitation
(including any operating limit), submission of the compliance report
shall be deemed to satisfy any obligation to report the same deviations
in the semiannual monitoring report. However, submission of a compliance
report shall not otherwise affect any obligation you may have to report
deviations from permit requirements to the permit authority.

Sec.63.7132 What records must I keep?

[[Page 80]]

each emission limitation that applies to you.
(d) You must keep the records which document the basis for the
initial applicability determination as required under Sec.63.7081.

Sec.63.7133 In what form and for how long must I keep my records?

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

Other Requirements and Information

Sec.63.7140 What parts of the General Provisions apply to me?

Table 8 to this subpart shows which parts of the General Provisions
in Sec. Sec.63.1 through 63.15 apply to you. When there is overlap
between subpart A and subpart AAAAA, as indicated in the
``Explanations'' column in Table 8, subpart AAAAA takes precedence.

Sec.63.7141 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by us, the U.S.
EPA, or by a delegated authority such as your State, local, or tribal
agency. If the U.S. EPA Administrator has delegated authority to your
State, local, or tribal agency, then that agency (as well as the U.S.
EPA) has the authority to implement and enforce this subpart. You should
contact your U.S. EPA Regional Office to find out if this subpart is
delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of the U.S. EPA and are not transferred to
the State, local, or tribal agency.
(c) The authorities that will not be delegated to State, local, or
tribal agencies are as specified in paragraphs (c)(1) through (6) of
this section.
(1) Approval of alternatives to the non-opacity emission limitations
in Sec.63.7090(a).
(2) Approval of alternative opacity emission limitations in Sec.
63.7090(a).
(3) Approval of alternatives to the operating limits in Sec.
63.7090(b).
(4) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec.63.90.
(5) Approval of major alternatives to monitoring under Sec.63.8(f)
and as defined in Sec.63.90.
(6) Approval of major alternatives to recordkeeping and reporting
under Sec.63.10(f) and as defined in Sec.63.90.

Sec.63.7142 What are the requirements for claiming area source status?

(a) If you wish to claim that your LMP is an area source, you must
measure the emissions of hydrogen chloride from all lime kilns, except
as provided in paragraph (c) of this section, at your plant using
either:
(1) EPA Method 320 of appendix A to this part,
(2) EPA Method 321 of appendix A to this part, or
(3) ASTM Method D6735-01, Standard Test Method for Measurement of
Gaseous Chlorides and Fluorides from Mineral Calcining Exhaust Sources--
Impinger Method, provided that the provisions in paragraphs (a)(3)(i)
through (vi) of this section are followed.
(i) A test must include three or more runs in which a pair of
samples is obtained simultaneously for each run according to section
11.2.6 of ASTM Method D6735-01.
(ii) You must calculate the test run standard deviation of each set
of paired samples to quantify data precision, according to Equation 1 of
this section:

[[Page 81]]

[GRAPHIC] [TIFF OMITTED] TR05JA04.003

Where:

RSDa = The test run relative standard deviation of sample
pair a, percent.
C1a and C2a = The HCl concentrations, milligram/
dry standard cubic meter(mg/dscm), from the paired samples.

(iii) You must calculate the test average relative standard
deviation according to Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR05JA04.004

Where:

RSDTA = The test average relative standard deviation,
percent.
RSDa = The test run relative standard deviation for sample
pair a.
p = The number of test runs, =3.

(iv) If RSD\TA\ is greater than 20 percent, the data are invalid and
the test must be repeated.
(v) The post-test analyte spike procedure of section 11.2.7 of ASTM
Method D6735-01 is conducted, and the percent recovery is calculated
according to section 12.6 of ASTM Method D6735-01.
(vi) If the percent recovery is between 70 percent and 130 percent,
inclusive, the test is valid. If the percent recovery is outside of this
range, the data are considered invalid, and the test must be repeated.
(b) If you conduct tests to determine the rates of emission of
specific organic HAP from lime kilns at LMP for use in applicability
determinations under Sec.63.7081, you may use either:
(1) Method 320 of appendix A to this part, or
(2) Method 18 of appendix A to part 60 of this chapter, or
(3) ASTM D6420-99, Standard Test Method for Determination of Gaseous
Organic Compounds by Direct Interface Gas Chromatography-Mass
Spectrometry (GC/MS), provided that the provisions of paragraphs
(b)(3)(i) through (iv) of this section are followed:
(i) The target compound(s) are those listed in section 1.1 of ASTM
D6420-99;
(ii) The target concentration is between 150 parts per billion by
volume and 100 parts per million by volume;
(iii) For target compound(s) not listed in Table 1.1 of ASTM D6420-
99, but potentially detected by mass spectrometry, the additional system
continuing calibration check after each run, as detailed in section
10.5.3 of ASTM D6420-99, is conducted, met, documented, and submitted
with the data report, even if there is no moisture condenser used or the
compound is not considered water soluble; and
(iv) For target compound(s) not listed in Table 1.1 of ASTM D6420-
99, and not amenable to detection by mass spectrometry, ASTM D6420-99
may not be used.
(c) It is left to the discretion of the permitting authority whether
or not idled kilns must be tested for (HCl) to claim area source status.
If the facility has kilns that use common feed materials and fuel, are
essentially identical in design, and use essentially identical emission
controls, the permitting authority may also determine if one kiln can be
tested, and the HCl emissions for the other essentially identical kilns
be estimated from that test.

Sec.63.7143 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in
Sec.63.2, and in this section as follows:
Bag leak detector system (BLDS) is a type of PM detector used on FF
to identify an increase in PM emissions resulting from a broken filter
bag or other malfunction and sound an alarm.
Belt conveyor means a conveying device that transports processed
stone from one location to another by means of an endless belt that is
carried on a series of idlers and routed around a pulley at each end.
Bucket elevator means a processed stone conveying device consisting
of a head and foot assembly which supports and drives an endless single
or double

[[Page 82]]

strand chain or belt to which buckets are attached.
Building means any frame structure with a roof.
Capture system means the equipment (including enclosures, hoods,
ducts, fans, dampers, etc.) used to capture and transport PM to a
control device.
Control device means the air pollution control equipment used to
reduce PM emissions released to the atmosphere from one or more process
operations at an LMP.
Conveying system means a device for transporting processed stone
from one piece of equipment or location to another location within a
plant. Conveying systems include but are not limited to feeders, belt
conveyors, bucket elevators and pneumatic systems.
Deviation means any instance in which an affected source, subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limitation (including
any operating limit);
(2) Fails to meet any term or condition that is adopted to implement
an applicable requirement in this subpart and that is included in the
operating permit for any affected source required to obtain such a
permit; or
(3) Fails to meet any emission limitation (including any operating
limit) in this subpart during startup, shutdown, or malfunction,
regardless of whether or not such failure is allowed by this subpart.
Emission limitation means any emission limit, opacity limit,
operating limit, or VE limit.
Emission unit means a lime kiln, lime cooler, storage bin, conveying
system transfer point, bulk loading or unloading operation, bucket
elevator or belt conveyor at an LMP.
Fugitive emission means PM that is not collected by a capture
system.
Hydrator means the device used to produce hydrated lime or calcium
hydroxide via the chemical reaction of the lime product with water.
Lime cooler means the device external to the lime kiln (or part of
the lime kiln itself) used to reduce the temperature of the lime
produced by the kiln.
Lime kiln means the device, including any associated preheater, used
to produce a lime product from stone feed by calcination. Kiln types
include, but are not limited to, rotary kiln, vertical kiln, rotary
hearth kiln, double-shaft vertical kiln, and fluidized bed kiln.
Lime manufacturing plant (LMP) means any plant which uses a lime
kiln to produce lime product from limestone or other calcareous material
by calcination.
Lime product means the product of the lime kiln calcination process
including, calcitic lime, dolomitic lime, and dead-burned dolomite.
Limestone means the material comprised primarily of calcium
carbonate (referred to sometimes as calcitic or high calcium limestone),
magnesium carbonate, and/or the double carbonate of both calcium and
magnesium (referred to sometimes as dolomitic limestone or dolomite).
Monovent means an exhaust configuration of a building or emission
control device (e.g., positive pressure FF) that extends the length of
the structure and has a width very small in relation to its length
(i.e., length-to-width ratio is typically greater than 5:1). The exhaust
may be an open vent with or without a roof, louvered vents, or a
combination of such features.
Particulate matter (PM) detector means a system that is continuously
capable of monitoring PM loading in the exhaust of FF or ESP in order to
detect bag leaks, upset conditions, or control device malfunctions and
sounds an alarm at a preset level. A PM detector system includes, but is
not limited to, an instrument that operates on triboelectric, light
scattering, light transmittance, or other effects to continuously
monitor relative particulate loadings. A BLDS is a type of PM detector.
Positive pressure FF or ESP means a FF or ESP with the fan(s) on the
upstream side of the control device.
Process stone handling operations means the equipment and transfer
points between the equipment used to transport processed stone, and
includes, storage bins, conveying system transfer points, bulk loading
or unloading

[[Page 83]]

systems, screening operations, bucket elevators, and belt conveyors.
Processed stone means limestone or other calcareous material that
has been processed to a size suitable for feeding into a lime kiln.
Screening operation means a device for separating material according
to size by passing undersize material through one or more mesh surfaces
(screens) in series and retaining oversize material on the mesh surfaces
(screens).
Stack emissions means the PM that is released to the atmosphere from
a capture system or control device.
Storage bin means a manmade enclosure for storage (including surge
bins) of processed stone prior to the lime kiln.
Transfer point means a point in a conveying operation where the
material is transferred to or from a belt conveyor.
Vent means an opening through which there is mechanically induced
air flow for the purpose of exhausting from a building air carrying PM
emissions from one or more emission units.

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

As required in Sec.63.7090(a), you must meet each emission limit
in the following table that applies to you.

------------------------------------------------------------------------
You must meet the following
For . . . emission limit
------------------------------------------------------------------------
1. Existing lime kilns and their PM emissions must not exceed
associated lime coolers that did not 0.12 pounds per ton of stone
have a wet scrubber installed and feed (lb/tsf).
operating prior to January 5, 2004.
2. Existing lime kilns and their PM emissions must not exceed
associated lime coolers that have a 0.60 lb/tsf. If at any time
wet scrubber, where the scrubber after January 5, 2004 the kiln
itself was installed and operating changes to a dry control
prior to January 5, 2004. system, then the PM emission
limit in item 1 of this Table
1 applies, and the kiln is
hereafter ineligible for the
PM emission limit in item 2 of
this Table 1 regardless of the
method of PM control.
3. New lime kilns and their associated PM emissions must not exceed
lime coolers. 0.10 lb/tsf.
4. All existing and new lime kilns and Weighted average PM emissions
their associated coolers at your LMP, calculated according to Eq. 2
and you choose to average PM in Sec. 63.7112 must not
emissions, except that any kiln that exceed 0.12 lb/tsf (if you are
is allowed to meet the 0.60 lb/tsf PM averaging only existing kilns)
emission limit is ineligible for or 0.10 lb/tsf (if you are
averaging. averaging only new kilns). If
you are averaging existing and
new kilns, your weighted
average PM emissions must not
exceed the weighted average
emission limit calculated
according to Eq. 3 in Sec.
63.7112, except that no new
kiln and its associated cooler
considered alone may exceed an
average PM emissions limit of
0.10 lb/tsf.
5. Stack emissions from all PSH PM emissions must not exceed
operations at a new or existing 0.05 grams per dry standard
affected source. cubic meter (g/dscm).
6. Stack emissions from all PSH Emissions must not exceed 7
operations at a new or existing percent opacity.
affected source, unless the stack
emissions are discharged through a wet
scrubber control device.
7. Fugitive emissions from all PSH Emissions must not exceed 10
operations at a new or existing percent opacity.
affected source, except as provided by
item 8 of this Table 1.
8. All PSH operations at a new or All of the individually
existing affected source enclosed in a affected PSH operations must
building. comply with the applicable PM
and opacity emission
limitations in items 5 through
7 of this Table 1, or the
building must comply with the
following: There must be no VE
from the building, except from
a vent; and vent emissions
must not exceed the stack
emissions limitations in items
5 and 6 of this Table 1.
9. Each FF that controls emissions from Emissions must not exceed 7
only an individual, enclosed storage percent opacity.
bin.
10. Each set of multiple storage bins You must comply with the
at a new or existing affected source, emission limits in items 5 and
with combined stack emissions. 6 of this Table 1.
------------------------------------------------------------------------

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

As required in Sec.63.7090(b), you must meet each operating limit
in the following table that applies to you.

[[Page 84]]

------------------------------------------------------------------------
For . . . You must . . .
------------------------------------------------------------------------
1. Each lime kiln and each lime cooler Maintain and operate the FF
(if there is a separate exhaust to the such that the BLDS or PM
atmosphere from the associated lime detector alarm condition does
cooler) equipped with an FF. not exist for more than 5
percent of the total operating
time in a 6-month period; and
comply with the requirements
in Sec. 63.7113(d) through
(f) and Table 5 to this
subpart. In lieu of a BLDS or
PM detector maintain the FF
such that the 6-minute average
opacity for any 6-minute block
period does not exceed 15
percent; and comply with the
requirements in Sec.
63.7113(f) and (g) and Table 5
to this subpart.
2. Each lime kiln equipped with a wet Maintain the 3-hour block
scrubber. exhaust gas stream pressure
drop across the wet scrubber
greater than or equal to the
pressure drop operating limit
established during the most
recent PM performance test;
and maintain the 3-hour block
scrubbing liquid flow rate
greater than the flow rate
operating limit established
during the most recent
performance test.
3. Each lime kiln equipped with an Install a PM detector and
electrostatic precipitator. maintain and operate the ESP
such that the PM detector
alarm is not activated and
alarm condition does not exist
for more than 5 percent of the
total operating time in a 6-
month period, and comply with
Sec. 63.7113(e); or,
maintain the ESP such that the
6-minute average opacity for
any 6-minute block period does
not exceed 15 percent, and
comply with the requirements
in Sec. 63.7113(g); and
comply with the requirements
in Sec. 63.7113(f) and Table
5 to this subpart.
4. Each PSH operation subject to a PM Maintain the 3-hour block
limit which uses a wet scrubber. average exhaust gas stream
pressure drop across the wet
scrubber greater than or equal
to the pressure drop operating
limit established during the
PM performance test; and
maintain the 3-hour block
average scrubbing liquid flow
rate greater than or equal to
the flow rate operating limit
established during the
performance test.
5. All affected sources................ Prepare a written OM&M plan;
the plan must include the
items listed in Sec.
63.7100(d) and the corrective
actions to be taken when
required in Table 5 to this
subpart.
6. Each emission unit equipped with an a. Vent captured emissions
add-on air pollution control device. through a closed system,
except that dilution air may
be added to emission streams
for the purpose of controlling
temperature at the inlet to an
FF; and
b. Operate each capture/
collection system according to
the procedures and
requirements in the OM&M plan.
------------------------------------------------------------------------

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

As required in Sec.63.7114, you must demonstrate initial
compliance with each emission limitation that applies to you, according
to the following table.

------------------------------------------------------------------------
You have
demonstrated
initial
For the following compliance, if
For . . . emission limit . . after following
. the requirements
in Sec. 63.7112
. . .
------------------------------------------------------------------------
1. All new or existing lime PM emissions must The kiln outlet PM
kilns and their associated lime not exceed 0.12 emissions (and if
coolers (kilns/coolers). lb/tsf for all applicable,
existing kilns/ summed with the
coolers with dry separate cooler
controls, 0.60 lb/ PM emissions),
tsf for existing based on the PM
kilns/coolers emissions
with wet measured using
scrubbers, 0.10 Method 5 in
lb/tsf for all appendix A to
new kilns/ part 60 of this
coolers, or a chapter and the
weighted average stone feed rate
calculated measurement over
according to Eq. the period of
3 in Sec. initial
63.7112. performance test,
do not exceed the
emission limit;
if the lime kiln
is controlled by
an FF or ESP and
you are opting to
monitor PM
emissions with a
BLDS or PM
detector, you
have installed
and are operating
the monitoring
device according
to the
requirements in
Sec. 63.7113(d)
or (e),
respectively; and
if the lime kiln
is controlled by
an FF or ESP and
you are opting to
monitor PM
emissions using a
COMS, you have
installed and are
operating the
COMS according to
the requirements
in Sec.
63.7113(g).

[[Page 85]]

2. Stack emissions from all PHS PM emissions must The outlet PM
operations at a new or existing not exceed 0.05 g/ emissions, based
affected source. dscm. on Method 5 or
Method 17 in
appendix A to
part 60 of this
chapter, over the
period of the
initial
performance test
do not exceed
0.05 g/dscm; and
if the emission
unit is
controlled with a
wet scrubber, you
have a record of
the scrubber's
pressure drop and
liquid flow rate
operating
parameters over
the 3-hour
performance test
during which
emissions did not
exceed the
emissions
limitation.
3. Stack emissions from all PSH Emissions must not Each of the thirty
operations at a new or existing exceed 7 percent 6-minute opacity
affected source, unless the opacity. averages during
stack emissions are discharged the initial
through a wet scrubber control compliance
device. period, using
Method 9 in
appendix A to
part 60 of this
chapter, does not
exceed the 7
percent opacity
limit. At least
thirty 6-minute
averages must be
obtained.
4. Fugitive emissions from all Emissions must not Each of the 6-
PSH operations at a new or exceed 10 percent minute opacity
existing affected source. opacity. averages during
the initial
compliance
period, using
Method 9 in
appendix A to
part 60 of this
chapter, does not
exceed the 10
percent opacity
limit.
5. All PSH operations at a new All of the All the PSH
or existing affected source, individually operations
enclosed in building. affected PSH enclosed in the
operations must building have
comply with the demonstrated
applicable PM and initial
opacity emission compliance
limitations for according to the
items 2 through 4 applicable
of this Table 3, requirements for
or the building items 2 through 4
must comply with of this Table 3;
the following: or if you are
There must be no complying with
VE from the the building
building, except emission
from a vent, and limitations,
vent emissions there are no VE
must not exceed from the building
the emission according to item
limitations in 18 of Table 4 to
items 2 and 3 of this subpart and
this Table 3. Sec.
63.7112(k), and
you demonstrate
initial
compliance with
applicable
building vent
emissions
limitations
according to the
requirements in
items 2 and 3 of
this Table 3.
6. Each FF that controls Emissions must not Each of the ten 6-
emissions from only an exceed 7 percent minute averages
individual storage bin. opacity. during the 1-hour
initial
compliance
period, using
Method 9 in
appendix A to
part 60 of this
chapter, does not
exceed the 7
percent opacity
limit.
7. Each set of multiple storage You must comply You demonstrate
bins with combined stack with emission initial
emissions. limitations in compliance
items 2 and 3 of according to the
this Table 3. requirements in
items 2 and 3 of
this Table 3.
------------------------------------------------------------------------

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

As required in Sec.63.7112, you must conduct each performance test
in the following table that applies to you.

[[Page 86]]

4. Each lime kiln and each associated Measure moisture Method 4 in appendix A Not applicable.
lime cooler, if there is a separate content of the stack to part 60 of this
exhaust to the atmosphere from the gas. chapter.
associated lime cooler.
5. Each lime kiln and each associated Measure PM emissions... Method 5 in appendix A Conduct the test(s)
lime cooler, if there is a separate to part 60 of this when the source is
exhaust to the atmosphere from the chapter. operating at
associated lime cooler, and which representative
uses a negative pressure PM control operating conditions
device. in accordance with
Sec. 63.7(e); the
minimum sampling
volume must be 0.85
dry standard cubic
meter (dscm) (30 dry
standard cubic foot
(dscf)); if there is a
separate lime cooler
exhaust to the
atmosphere, you must
conduct the Method 5
test of the cooler
exhaust concurrently
with the kiln exhaust
test.
6. Each lime kiln and each associated Measure PM emissions... Method 5D in appendix A Conduct the test(s)
lime cooler, if there is a separate to part 60 of this when the source is
exhaust to the atmosphere from the chapter. operating at
associated lime cooler, and which representative
uses a positive pressure FF or ESP. operating conditions
in accordance with
Sec. 63.7(e); if
there is a separate
lime cooler exhaust to
the atmosphere, you
must conduct the
Method 5 test of the
separate cooler
exhaust concurrently
with the kiln exhaust
test.
7. Each lime kiln.................... Determine the mass rate Any suitable device.... Calibrate and maintain
of stone feed to the the device according
kiln during the kiln to manufacturer's
PM emissions test. instructions; the
measuring device used
must be accurate to
within 5 percent of
the mass rate of stone
feed over its
operating range.
8. Each lime kiln equipped with a wet Establish the operating Data for the gas stream The continuous pressure
scrubber. limit for the average pressure drop drop measurement
gas stream pressure measurement device device must be
drop across the wet during the kiln PM accurate within plus
scrubber. performance test. or minus 1 percent;
you must collect the
pressure drop data
during the period of
the performance test
and determine the
operating limit
according to Sec.
63.7112(j).
9. Each lime kiln equipped with a wet Establish the operating Data from the liquid The continuous
scrubber. limit for the average flow rate measurement scrubbing liquid flow
liquid flow rate to device during the kiln rate measuring device
the scrubber. PM performance test. must be accurate
within plus or minus 1
percent; you must
collect the flow rate
data during the period
of the performance
test and determine the
operating limit
according to Sec.
63.7112(j).
10. Each lime kiln equipped with a FF Have installed and have Standard operating According to the
or ESP that is monitored with a PM operating the BLDS or procedures requirements in Sec.
detector. PM detector prior to incorporated into the 63.7113(d) or (e),
the performance test. OM&M plan. respectively.

[[Page 87]]

11. Each lime kiln equipped with a FF Have installed and have Standard operating According to the
or ESP that is monitored with a COMS. operating the COMS procedures requirements in Sec.
prior to the incorporated into the 63.7113(g).
performance test. OM&M plan and as
required by 40 CFR
part 63, subpart A,
General Provisions and
according to PS-1 of
appendix B to part 60
of this chapter,
except as specified in
Sec. 63.7113(g)(2).
12. Each stack emission from a PSH Measure PM emissions... Method 5 or Method 17 The sample volume must
operation, vent from a building in appendix A to part be at least 1.70 dscm
enclosing a PSH operation, or set of 60 of this chapter. (60 dscf); for Method
multiple storage bins with combined 5, if the gas stream
stack emissions, which is subject to being sampled is at
a PM emission limit. ambient temperature,
the sampling probe and
filter may be operated
without heaters; and
if the gas stream is
above ambient
temperature, the
sampling probe and
filter may be operated
at a temperature high
enough, but no higher
than 121 [deg]C (250
[deg]F), to prevent
water condensation on
the filter (Method 17
may be used only with
exhaust gas
temperatures of not
more than 250 [deg]F).
13. Each stack emission from a PSH Conduct opacity Method 9 in appendix A The test duration must
operation, vent from a building observations. to part 60 of this be for at least 3
enclosing a PSH operation, or set of chapter. hours and you must
multiple storage bins with combined obtain at least
stack emissions, which is subject to thirty, 6-minute
an opacity limit. averages.
14. Each stack emissions source from Establish the average Data for the gas stream The pressure drop
a PSH operation subject to a PM or gas stream pressure pressure drop measurement device
opacity limit, which uses a wet drop across the wet measurement device must be accurate
scrubber. scrubber. during the PSH within plus or minus 1
operation stack PM percent; you must
performance test. collect the pressure
drop data during the
period of the
performance test and
determine the
operating limit
according to Sec.
63.7112(j).
15. Each stack emissions source from Establish the operating Data from the liquid The continuous
a PSH operation subject to a PM or limit for the average flow rate measurement scrubbing liquid flow
opacity limit, which uses a wet liquid flow rate to device during the PSH rate measuring device
scrubber. the scrubber. operation stack PM must be accurate
performance test. within plus or minus 1
percent; you must
collect the flow rate
data during the period
of the performance
test and determine the
operating limit
according to Sec.
63.7112(j).
16. Each FF that controls emissions Conduct opacity Method 9 in appendix A The test duration must
from only an individual, enclosed, observations. to part 60 of this be for at least 1 hour
new or existing storage bin. chapter. and you must obtain
ten 6-minute averages.
17. Fugitive emissions from any PSH Conduct opacity Method 9 in appendix A The test duration must
operation subject to an opacity observations. to part 60 of this be for at least 3
limit. chapter. hours, but the 3-hour
test may be reduced to
1 hour if, during the
first 1-hour period,
there are no
individual readings
greater than 10
percent opacity and
there are no more than
three readings of 10
percent during the
first 1-hour period.

[[Page 88]]

18. Each building enclosing any PSH Conduct VE check....... The specifications in The performance test
operation, that is subject to a VE Sec. 63.7112(k). must be conducted
limit. while all affected PSH
operations within the
building are
operating; the
performance test for
each affected building
must be at least 75
minutes, with each
side of the building
and roof being
observed for at least
15 minutes.
----------------------------------------------------------------------------------------------------------------

Sec. Table 5 to Subpart AAAAA of Part 63--Continuous Compliance With
Operating Limits

As required in Sec.63.7121, you must demonstrate continuous
compliance with each operating limit that applies to you, according to
the following table:

------------------------------------------------------------------------
You must
For the following demonstrate
For . . . operating limit . continuous
. . compliance by . .
.
------------------------------------------------------------------------
1. Each lime kiln controlled by Maintain the 3- Collecting the wet
a wet scrubber. hour block scrubber
average exhaust operating data
gas stream according to all
pressure drop applicable
across the wet requirements in
scrubber greater Sec. 63.7113
than or equal to and reducing the
the pressure drop data according to
operating limit Sec.
established 63.7113(a);
during the PM maintaining the 3-
performance test; hour block
and maintain the average exhaust
3-hour block gas stream
average scrubbing pressure drop
liquid flow rate across the wet
greater than or scrubber greater
equal to the flow than or equal to
rate operating the pressure drop
limit established operating limit
during the established
performance test. during the PM
performance test;
and maintaining
the 3-hour block
average scrubbing
liquid flow rate
greater than or
equal to the flow
rate operating
limit established
during the
performance test
(the continuous
scrubbing liquid
flow rate
measuring device
must be accurate
within 1
% and the
continuous
pressure drop
measurement
device must be
accurate within
1%).
2. Each lime kiln or lime cooler a. Maintain and (i) Operating the
equipped with a FF and using a operate the FF or FF or ESP so that
BLDS, and each lime kiln ESP such that the the alarm on the
equipped with an ESP or FF bag leak or PM bag leak or PM
using a PM detector. detector alarm, detection system
is not activated is not activated
and alarm and an alarm
condition does condition does
not exist for not exist for
more than 5 more than 5
percent of the percent of the
total operating total operating
time in each 6- time in each 6-
month period. month reporting
period; and
continuously
recording the
output from the
BLD or PM
detection system;
and
(ii) Each time the
alarm sounds and
the owner or
operator
initiates
corrective
actions within 1
hour of the
alarm, 1 hour of
alarm time will
be counted (if
the owner or
operator takes
longer than 1
hour to initiate
corrective
actions, alarm
time will be
counted as the
actual amount of
time taken by the
owner or operator
to initiate
corrective
actions); if
inspection of the
FF or ESP system
demonstrates that
no corrective
actions are
necessary, no
alarm time will
be counted.

[[Page 89]]

3. Each stack emissions source Maintain the 3- Collecting the wet
from a PSH operation subject to hour block scrubber
an opacity limit, which is average exhaust operating data
controlled by a wet scrubber. gas stream according to all
pressure drop applicable
across the wet requirements in
scrubber greater Sec. 63.7113
than or equal to and reducing the
the pressure drop data according to
operating limit Sec.
established 63.7113(a);
during the PM maintaining the 3-
performance test; hour block
and maintain the average exhaust
3-hour block gas stream
average scrubbing pressure drop
liquid flow rate across the wet
greater than or scrubber greater
equal to the flow than or equal to
rate operating the pressure drop
limit established operating limit
during the established
performance test. during the PM
performance test;
and maintaining
the 3-hour block
average scrubbing
liquid flow rate
greater than or
equal to the flow
rate operating
limit established
during the
performance test
(the continuous
scrubbing liquid
flow rate
measuring device
must be accurate
within 1
% and the
continuous
pressure drop
measurement
device must be
accurate within
1%).
4. For each lime kiln or lime a. Maintain and i. Installing,
cooler equipped with a FF or an operate the FF or maintaining,
ESP that uses a COMS as the ESP such that the calibrating and
monitoring device. average opacity operating a COMS
for any 6-minute as required by 40
block period does CFR part 63,
not exceed 15 subpart A,
percent. General
Provisions and
according to PS-1
of appendix B to
part 60 of this
chapter, except
as specified in
Sec.
63.7113(g)(2);
and
ii. Collecting the
COMS data at a
frequency of at
least once every
15 seconds,
determining block
averages for each
6-minute period
and demonstrating
for each 6-minute
block period the
average opacity
does not exceed
15 percent.
------------------------------------------------------------------------

Sec. Table 6 to Subpart AAAAA of Part 63--Periodic Monitoring for
Compliance With Opacity and Visible Emissions Limits

As required in Sec.63.7121 you must periodically demonstrate
compliance with each opacity and VE limit that applies to you, according
to the following table:

------------------------------------------------------------------------
You must
For the following demonstrate
For . . . emission ongoing compliance
limitation . . . . . .
------------------------------------------------------------------------
1. Each PSH operation subject to a. 7-10 percent (i) Conducting a
an opacity limitation as opacity, monthly 1-minute
required in Table 1 to this depending on the VE check of each
subpart, or any vents from PSH operation, as emission unit in
buildings subject to an opacity required in Table accordance with
limitation. 1 to this subpart. Sec.
63.7121(e); the
check must be
conducted while
the affected
source is in
operation;
(ii) If no VE are
observed in 6
consecutive
monthly checks
for any emission
unit, you may
decrease the
frequency of VE
checking from
monthly to semi-
annually for that
emission unit; if
VE are observed
during any
semiannual check,
you must resume
VE checking of
that emission
unit on a monthly
basis and
maintain that
schedule until no
VE are observed
in 6 consecutive
monthly checks;
(iii) If no VE are
observed during
the semiannual
check for any
emission unit,
you may decrease
the frequency of
VE checking from
semi-annually to
annually for that
emission unit; if
VE are observed
during any annual
check, you must
resume VE
checking of that
emission unit on
a monthly basis
and maintain that
schedule until no
VE are observed
in 6 consecutive
monthly checks;
and

[[Page 90]]

(iv) If VE are
observed during
any VE check, you
must conduct a 6-
minute test of
opacity in
accordance with
Method 9 of
appendix A to
part 60 of this
chapter; you must
begin the Method
9 test within 1
hour of any
observation of VE
and the 6-minute
opacity reading
must not exceed
the applicable
opacity limit.
2. Any building subject to a VE a. No VE.......... (i) Conducting a
limit, according to item 8 of monthly VE check
Table 1 to this subpart. of the building,
in accordance
with the
specifications in
Sec.
63.7112(k); the
check must be
conducted while
all the enclosed
PSH operations
are operating;
(ii) The check for
each affected
building must be
at least 5
minutes, with
each side of the
building and roof
being observed
for at least 1
minute;
(iii) If no VE are
observed in 6
consecutive
monthly checks of
the building, you
may decrease the
frequency of
checking from
monthly to semi-
annually for that
affected source;
if VE are
observed during
any semi-annual
check, you must
resume checking
on a monthly
basis and
maintain that
schedule until no
VE are observed
in 6 consecutive
monthly checks;
and
(iv) If no VE are
observed during
the semi-annual
check, you may
decrease the
frequency of
checking from
semi-annually to
annually for that
affected source;
and if VE are
observed during
any annual check,
you must resume
checking of that
emission unit on
a monthly basis
and maintain that
schedule until no
VE are observed
in 6 consecutive
monthly checks
(the source is in
compliance if no
VE are observed
during any of
these checks).
------------------------------------------------------------------------

Sec. Table 7 to Subpart AAAAA of Part 63--Requirements for Reports

As required in Sec.63.7131, you must submit each report in this
table that applies to you.

------------------------------------------------------------------------
The report must You must submit
You must submit a . . . contain . . . the report . . .
------------------------------------------------------------------------
1. Compliance report............ a. If there are no Semiannually
deviations from according to the
any emission requirements in
limitations Sec.
(emission limit, 63.7131(b).
operating limit,
opacity limit,
and VE limit)
that applies to
you, a statement
that there were
no deviations
from the emission
limitations
during the
reporting period;
b. If there were Semiannually
no periods during according to the
which the CMS, requirements in
including any Sec.
operating 63.7131(b).
parameter
monitoring
system, was out-
of-control as
specified in Sec.
63.8(c)(7), a
statement that
there were no
periods during
which the CMS was
out-of-control
during the
reporting period;
c. If you have a Semiannually
deviation from according to the
any emission requirements in
limitation Sec.
(emission limit, 63.7131(b).
operating limit,
opacity limit,
and VE limit)
during the
reporting period,
the report must
contain the
information in
Sec.
63.7131(d);

[[Page 91]]

d. If there were Semiannually
periods during according to the
which the CMS, requirements in
including any Sec.
operating 63.7131(b).
parameter
monitoring
system, was out-
of-control, as
specified in Sec.
63.8(c)(7), the
report must
contain the
information in
Sec.
63.7131(e); and
e. If you had a Semiannually
startup, shutdown according to the
or malfunction requirements in
during the Sec.
reporting period 63.7131(b).
and you took
actions
consistent with
your SSMP, the
compliance report
must include the
information in
Sec.
63.10(d)(5)(i).
2. An immediate startup, Actions taken for By fax or
shutdown, and malfunction the event. telephone within
report if you had a startup, 2 working days
shutdown, or malfunction during after starting
the reporting period that is actions
not consistent with your SSMP. inconsistent with
the SSMP.
3. An immediate startup, The information in By letter within 7
shutdown, and malfunction Sec.working days
report if you had a startup, 63.10(d)(5)(ii). after the end of
shutdown, or malfunction during the event unless
the reporting period that is you have made
not consistent with your SSMP. alternative
arrangements with
the permitting
authority. See
Sec.
63.10(d)(5)(ii).
------------------------------------------------------------------------

Sec. Table 8 to Subpart AAAAA of Part 63--Applicability of General
Provisions to Subpart AAAAA

As required in Sec.63.7140, you must comply with the applicable
General Provisions requirements according to the following table:

----------------------------------------------------------------------------------------------------------------
Summary of Am I subject to this
Citation requirement requirement? Explanations
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(4)............. Applicability Yes.............................
Sec. 63.1(a)(5)................. .................... No..............................
Sec. 63.1(a)(6)................. Applicability Yes.............................
Sec. 63.1(a)(7)-(a)(9).......... .................... No..............................
Sec. 63.1(a)(10)-(a)(14)........ Applicability....... Yes.............................
Sec. 63.1(b)(1)................. Initial Yes............................. Sec.Sec. 63.7081
Applicability and 63.7142 specify
Determination. additional
applicability
determination
requirements.
Sec. 63.1(b)(2)................. .................... No..............................
Sec. 63.1(b)(3)................. Initial Yes.............................
Applicability
Determination.
Sec. 63.1(c)(1)................. Applicability After Yes.............................
Standard
Established.
Sec. 63.1(c)(2)................. Permit Requirements. No.............................. Area sources not
subject to subpart
AAAAA, except all
sources must make
initial
applicability
determination.
Sec. 63.1(c)(3)................. .................... No..............................
Sec. 63.1(c)(4)-(5)............. Extensions, Yes.............................
Notifications.
Sec. 63.1(d).................... .................... No..............................
Sec. 63.1(e).................... Applicability of Yes.............................
Permit Program.
Sec. 63.2....................... Definitions......... ................................ Additional
definitions in Sec.
63.7143.
Sec. 63.3(a)-(c)................ Units and Yes.............................
Abbreviations.
Sec. 63.4(a)(1)-(a)(2).......... Prohibited Yes.............................
Activities.
Sec. 3.4(a)(3)-(a)(5)........... .................... No..............................
Sec. 63.4(b)-(c)................ Circumvention, Yes.............................
Severability.
Sec. 63.5(a)(1)-(2)............. Construction/ Yes.............................
Reconstruction.
Sec. 63.5(b)(1)................. Compliance Dates.... Yes.............................
Sec. 63.5(b)(2)................. .................... No..............................
Sec. 63.5(b)(3)-(4)............. Construction Yes.............................
Approval,
Applicability.
Sec. 63.5(b)(5)................. .................... No..............................
Sec. 63.5(b)(6)................. Applicability....... Yes.............................
Sec. 63.5(c).................... .................... No..............................
Sec. 63.5(d)(1)-(4)............. Approval of Yes.............................
Construction/
Reconstruction.
Sec. 63.5(e).................... Approval of Yes.............................
Construction/
Reconstruction.

[[Page 92]]

Sec. 63.5(f)(1)-(2)............. Approval of Yes.............................
Construction/
Reconstruction.
Sec. 63.6(a).................... Compliance for Yes.............................
Standards and
Maintenance.
Sec. 63.6(b)(1)-(5)............. Compliance Dates.... Yes.............................
Sec. 63.6(b)(6)................. .................... No..............................
Sec. 63.6(b)(7)................. Compliance Dates.... Yes.............................
Sec. 63.6(c)(1)-(2)............. Compliance Dates.... Yes.............................
Sec. 63.6(c)(3)-(c)(4).......... .................... No..............................
Sec. 63.6(c)(5)................. Compliance Dates.... Yes.............................
Sec. 63.6(d).................... .................... No..............................
Sec. 63.6(e)(1)................. Operation & Yes............................. See Sec. 63.7100
Maintenance. for OM&M
requirements.
Sec. 63.6(e)(2)................. .................... No..............................
Sec. 63.6(e)(3)................. Startup, Shutdown Yes.............................
Malfunction Plan.
Sec. 63.6(f)(1)-(3)............. Compliance with Yes.............................
Emission Standards.
Sec. 63.6(g)(1)-(g)(3).......... Alternative Standard Yes.............................
Sec. 63.6(h)(1)-(2)............. Opacity/VE Standards Yes.............................
Sec. 63.6(h)(3)................. .................... No..............................
Sec. 63.6(h)(4)-(h)(5)(i)....... Opacity/VE Standards Yes............................. This requirement
only applies to
opacity and VE
performance checks
required in Table 4
to subpart AAAAA.
Sec. 63.6(h)(5) (ii)-(iii)...... Opacity/VE Standards No.............................. Test durations are
specified in
subpart AAAAA;
subpart AAAAA takes
precedence.
Sec. 63.6(h)(5)(iv)............. Opacity/VE Standards No..............................
Sec. 63.6(h)(5)(v).............. Opacity/VE Standards Yes.............................
Sec. 63.6(h)(6)................. Opacity/VE Standards Yes.............................
Sec. 63.6(h)(7)................. COM Use............. Yes.............................
Sec. 63.6(h)(8)................. Compliance with Yes.............................
Opacity and VE.
Sec. 63.6(h)(9)................. Adjustment of Yes.............................
Opacity Limit.
Sec. 63.6(i)(1)-(i)(14)......... Extension of Yes.............................
Compliance.
Sec. 63.6(i)(15)................ .................... No..............................
Sec. 63.6(i)(16)................ Extension of Yes.............................
Compliance.
Sec. 63.6(j).................... Exemption from Yes.............................
Compliance.
Sec. 63.7(a)(1)-(a)(3).......... Performance Testing Yes............................. Sec. 63.7110
Requirements. specifies
deadlines; Sec.
63.7112 has
additional specific
requirements.
Sec. 63.7(b).................... Notification........ Yes.............................
Sec. 63.7(c).................... Quality Assurance/ Yes.............................
Test Plan.
Sec. 63.7(d).................... Testing Facilities.. Yes.............................
Sec. 63.7(e)(1)-(4)............. Conduct of Tests.... Yes.............................
Sec. 63.7(f).................... Alternative Test Yes.............................
Method.
Sec. 63.7(g).................... Data Analysis....... Yes.............................
Sec. 63.7(h).................... Waiver of Tests..... Yes.............................
Sec. 63.8(a)(1)................. Monitoring Yes............................. See Sec. 63.7113.
Requirements.
Sec. 63.8(a)(2)................. Monitoring.......... Yes.............................
Sec. 63.8(a)(3)................. .................... No..............................
Sec. 63.8(a)(4)................. Monitoring.......... No.............................. Flares not
applicable.
Sec. 63.8(b)(1)-(3)............. Conduct of Yes.............................
Monitoring.
Sec. 63.8(c)(1)-(3)............. CMS Operation/ Yes.............................
Maintenance.
Sec. 63.8(c)(4)................. CMS Requirements.... No.............................. See Sec. 63.7121.
Sec. 63.8(c)(4)(i)-(ii)......... Cycle Time for COM Yes............................. No CEMS are required
and CEMS. under subpart
AAAAA; see Sec.
63.7113 for CPMS
requirements.
Sec. 63.8(c)(5)................. Minimum COM Yes............................. COM not required.
procedures.
Sec. 63.8(c)(6)................. CMS Requirements.... No.............................. See Sec. 63.7113.
Sec. 63.8(c)(7)-(8)............. CMS Requirements.... Yes.............................
Sec. 63.8(d).................... Quality Control..... No.............................. See Sec. 63.7113.
Sec. 63.8(e).................... Performance No..............................
Evaluation for CMS.
Sec. 63.8(f)(1)-(f)(5).......... Alternative Yes.............................
Monitoring Method.
Sec. 63.8(f)(6)................. Alternative to No..............................
Relative Accuracy
test.
Sec. 63.8(g)(1)-(g)(5).......... Data Reduction; Data No.............................. See data reduction
That Cannot Be Used. requirements in
Sec.Sec.
63.7120 and
63.7121.
Sec. 63.9(a).................... Notification Yes............................. See Sec. 63.7130.
Requirements.

[[Page 93]]

Sec. 63.9(b).................... Initial Yes.............................
Notifications.
Sec. 63.9(c).................... Request for Yes.............................
Compliance
Extension.
Sec. 63.9(d).................... New Source Yes.............................
Notification for
Special Compliance
Requirements.
Sec. 63.9(e).................... Notification of Yes.............................
Performance Test.
Sec. 63.9(f).................... Notification of VE/ Yes............................. This requirement
Opacity Test. only applies to
opacity and VE
performance tests
required in Table 4
to subpart AAAAA.
Notification not
required for VE/
opacity test under
Table 6 to subpart
AAAAA.
Sec. 63.9(g).................... Additional CMS No.............................. Not required for
Notifications. operating parameter
monitoring.
Sec. 63.9(h)(1)-(h)(3).......... Notification of Yes.............................
Compliance Status.
Sec. 63.9(h)(4)................. .................... No..............................
Sec. 63.9(h)(5)-(h)(6).......... Notification of Yes.............................
Compliance Status.
Sec. 63.9(i).................... Adjustment of Yes.............................
Deadlines.
Sec. 63.9(j).................... Change in Previous Yes.............................
Information.
Sec. 63.10(a)................... Recordkeeping/ Yes............................. See Sec.Sec.
Reporting General 63.7131 through
Requirements. 63.7133.
Sec. 63.10(b)(1)-(b)(2)(xii).... Records............. Yes.............................
Sec. 63.10(b)(2)(xiii).......... Records for Relative No..............................
Accuracy Test.
Sec. 63.10(b)(2)(xiv)........... Records for Yes.............................
Notification.
Sec. 63.10(b)(3)................ Applicability Yes.............................
Determinations.
Sec. 63.10(c)................... Additional CMS No.............................. See Sec. 63.7132.
Recordkeeping.
Sec. 63.10(d)(1)................ General Reporting Yes.............................
Requirements.
Sec. 63.10(d)(2)................ Performance Test Yes.............................
Results.
Sec. 63.10(d)(3)................ Opacity or VE Yes............................. For the periodic
Observations. monitoring
requirements in
Table 6 to subpart
AAAAA, report
according to Sec.
63.10(d)(3) only if
VE observed and
subsequent visual
opacity test is
required.
Sec. 63.10(d)(4)................ Progress Reports.... Yes.............................
Sec. 63.10(d)(5)................ Startup, Shutdown, Yes.............................
Malfunction Reports.
Sec. 63.10(e)................... Additional CMS No.............................. See specific
Reports. requirements in
subpart AAAAA, see
Sec. 63.7131.
Sec. 63.10(f)................... Waiver for Yes.............................
Recordkeeping/
Reporting.
Sec. 63.11(a)-(b)............... Control Device No.............................. Flares not
Requirements. applicable.
Sec. 63.12(a)-(c)............... State Authority and Yes.............................
Delegations.
Sec. 63.13(a)-(c)............... State/Regional Yes.............................
Addresses.
Sec. 63.14(a)-(b)............... Incorporation by No..............................
Reference.
Sec. 63.15(a)-(b)............... Availability of Yes.............................
Information.
----------------------------------------------------------------------------------------------------------------

Subpart BBBBB_National Emission Standards for Hazardous Air Pollutants
for Semiconductor Manufacturing

Source: 68 FR 27925, May 22, 2003, unless otherwise noted.

What This Subpart Covers

Sec.63.7180 What is the purpose of this subpart?

This subpart establishes national emission standards for hazardous
air pollutants (NESHAP) for semiconductor manufacturing facilities. This
subpart also establishes requirements

[[Page 94]]

to demonstrate initial and continuous compliance with the emission
standards.

Sec.63.7181 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a
semiconductor manufacturing process unit that is a major source of
hazardous air pollutants (HAP) emissions or that is located at, or is
part of, a major source of HAP emissions.
(b) A major source of HAP emissions is any stationary source or
group of stationary sources located within a contiguous area and under
common control that emits or has the potential to emit, considering
controls, in the aggregate, any single HAP at a rate of 10 tons per year
(tpy) or more or any combination of HAP at a rate of 25 tpy or more.

Sec.63.7182 What parts of my facility does this subpart cover?

(a) This subpart applies to each new, reconstructed, or existing
affected source that you own or operate that manufactures
semiconductors.
(b) An affected source subject to this subpart is the collection of
all semiconductor manufacturing process units used to manufacture p-type
and n-type semiconductors and active solid-state devices from a wafer
substrate, including research and development activities integrated into
a semiconductor manufacturing process unit. A semiconductor
manufacturing process unit includes the equipment assembled and
connected by ductwork or hard-piping including furnaces and associated
unit operations; associated wet and dry work benches; associated
recovery devices; feed, intermediate, and product storage tanks; product
transfer racks and connected ducts and piping; pumps, compressors,
agitators, pressure-relief devices, sampling connecting systems, open-
ended valves or lines, valves, connectors, and instrumentation systems;
and control devices.
(c) Your affected source is a new affected source if you commence
construction of the affected source after May 8, 2002, and you meet the
applicability criteria in Sec.63.7181 at the time you commence
construction.
(d) Your affected source is a reconstructed affected source if you
meet the criteria for ``reconstruction,'' as defined in Sec.63.2.
(e) Your source is an existing affected source if it is not a new or
reconstructed affected source.

Sec.63.7183 When do I have to comply with this subpart?

(a) If you have a new or reconstructed affected source, you must
comply with this subpart according to paragraphs (a)(1) and (2) of this
section.
(1) If you start up your affected source before May 22, 2003, then
you must comply with the emission standards for new and reconstructed
sources in this subpart no later than May 22, 2003.
(2) If you start up your affected source after May 22, 2003, then
you must comply with the emission standards for new and reconstructed
sources in this subpart upon startup of your affected source.
(b) If you have an existing affected source, you must comply with
the emission standards for existing sources no later than 3 years from
May 22, 2003.
(c) If you have an area source that increases its emissions or its
potential to emit such that it becomes a major source of HAP and an
affected source subject to this subpart, paragraphs (c)(1) and (2) of
this section apply.
(1) Any portion of your existing facility that is a new affected
source as specified at Sec.63.7182(c), or a reconstructed affected
source as specified at Sec.63.7182(d), must be in compliance with this
subpart upon startup.
(2) Any portion of your facility that is an existing affected
source, as specified at Sec.63.7182(e), must be in compliance with
this subpart by not later than 3 years after it becomes a major source.
(d) You must meet the notification requirements in Sec.63.7189 and
in subpart A of this part. You must submit some of the notifications
(e.g., Initial Notification) before the date you are required to comply
with the emission limitations in this subpart.

[[Page 95]]

Emission Standards

Sec.63.7184 What emission limitations, operating limits, and work
practice standards must I meet?

(a) If you have a new, reconstructed, or existing affected source,
as defined in Sec.63.7182(b), you must comply with all applicable
emission limitations in this section on and after the compliance dates
specified in Sec.63.7183.
(b) Process vents--organic HAP emissions. For each organic HAP
process vent, other than process vents from storage tanks, you must
limit organic HAP emissions to the level specified in paragraph (b)(1)
or (2) of this section. These limitations can be met by venting
emissions from your process vent through a closed vent system to any
combination of control devices meeting the requirements of Sec.
63.982(a)(2).
(1) Reduce the emissions of organic HAP from the process vent stream
by 98 percent by weight.
(2) Reduce or maintain the concentration of emitted organic HAP from
the process vent to less than or equal to 20 parts per million by volume
(ppmv).
(c) Process vents--inorganic HAP emissions. For each inorganic HAP
process vent, other than process vents from storage tanks, you must
limit inorganic HAP emissions to the level specified in paragraph (c)(1)
or (2) of this section. These limitations can be met by venting
emissions from your process vent through a closed vent system to a
halogen scrubber meeting the requirements of Sec. Sec.63.983 (closed
vent system requirements) and Sec.63.994 (halogen scrubber
requirements); the applicable general monitoring requirements of Sec.
63.996; the applicable performance test requirements; and the
monitoring, recordkeeping and reporting requirements referenced therein.
(1) Reduce the emissions of inorganic HAP from the process vent
stream by 95 percent by weight.
(2) Reduce or maintain the concentration of emitted inorganic HAP
from the process vent to less than or equal to 0.42 ppmv.
(d) Storage tanks. For each storage tank, 1,500 gallons or larger,
you must limit total HAP emissions to the level specified in paragraph
(d)(1) or (2) of this section if the emissions from the storage tank
vent contains greater than 0.42 ppmv inorganic HAP. These limitations
can be met by venting emissions from your storage tank through a closed
vent system to a halogen scrubber meeting the requirements of Sec. Sec.
63.983 (closed vent system requirements) and 63.994 (halogen scrubber
requirements); the applicable general monitoring requirements of Sec.
63.996; the applicable performance test requirements; and the
monitoring, recordkeeping and reporting requirements referenced therein.
(1) Reduce the emissions of inorganic HAP from each storage tank by
95 percent by weight.
(2) Reduce or maintain the concentration of emitted inorganic HAP
from the process vent to less than or equal to 0.42 ppmv.
(e) You must comply with the applicable work practice standards and
operating limits contained in Sec.63.982(a)(1) and (2). The closed
vent system inspection requirements of Sec.63.983(c), as referenced by
Sec.63.982(a)(1) and (2), do not apply.
(f) Process vents--combined HAP emissions. For each combined HAP
process vent, other than process vents from storage tanks, you must
reduce or maintain the concentration of emitted HAP from the process
vent to less than or equal to 14.22 ppmv. These limitations can be met
by venting emissions from your process vent through a closed vent system
to any combination of control devices meeting the requirements of Sec.
63.982(a)(2).

[68 FR 27925, May 22, 2003, as amended at 73 FR 42532, July 22, 2008]

Compliance Requirements

Sec.63.7185 What are my general requirements for complying with
this subpart?

(a) You must be in compliance with the requirements of Sec.63.7184
at all times, except during periods of startup, shutdown, or
malfunction.
(b) You must always operate and maintain your affected source,
including air pollution control and monitoring equipment, according to
the provisions in Sec.63.6(e)(1)(i).

[[Page 96]]

(c) You must develop a written startup, shutdown, and malfunction
plan (SSMP). Your SSMP must be prepared in accordance with the
provisions in Sec.63.6(e)(3).
(d) You must perform all the items listed in paragraphs (d)(1)
through (3) of this section:
(1) Submit the necessary notifications in accordance with Sec.
63.7189.
(2) Submit the necessary reports in accordance with Sec.63.7190.
(3) Maintain all necessary records you have used to demonstrate
compliance with this subpart in accordance with Sec.63.7191.

[68 FR 27925, May 22, 2003, as amended at 71 FR 20467, Apr. 20, 2006]

Sec.63.7186 By what date must I conduct performance tests or other
initial compliance demonstrations?

For each process vent or storage tank vent emission limitation in
Sec.63.7184 for which initial compliance is demonstrated by meeting a
percent by weight HAP emissions reduction, or a HAP concentration
limitation, you must conduct performance tests or an initial compliance
demonstration within 180 days after the compliance date that is
specified for your source in Sec.63.7183 and according to the
provisions in Sec.63.7(a)(2).

Sec.63.7187 What performance tests and other compliance procedures
must I use?

(a) You must conduct each performance test in Table 1 to this
subpart that applies to you as specified for process vents in Sec.
63.982(a)(2) and storage tanks in Sec.63.982(a)(1). Performance tests
must be conducted under maximum operating conditions or HAP emissions
potential. Section 63.982(a)(1) and (2) only includes methods to measure
the total organic regulated material or total organic carbon (TOC)
concentration. The EPA Methods 26 and 26A are included in Table 1 to
this subpart in addition to the test methods contained within Sec.
63.982(a)(1) and (2). The EPA Method 26 or 26A must be used for testing
regulated material containing inorganic HAP. Method 320 of 40 CFR part
63, appendix A, must be used to measure total vapor phase organic and
inorganic HAP concentrations.
(b) If, without the use of a control device, your process vent
stream has an organic HAP concentration of 20 ppmv or less or an
inorganic HAP concentration of 0.42 ppmv or less, or your storage tank
vent stream has an inorganic HAP concentration of 0.42 ppmv or less, you
may demonstrate that the vent stream is compliant by engineering
assessments and calculations or by conducting the applicable performance
test requirements specified in Table 1 to this subpart. Your engineering
assessments and calculations, as with performance tests (as specified in
Sec.63.982(a)(1) and (2)), must represent your maximum operating
conditions or HAP emissions potential and must be approved by the
Administrator. You must demonstrate continuous compliance by certifying
that your operations will not exceed the maximum operating conditions or
HAP emissions potential represented by your engineering assessments,
calculations, or performance test.
(c) If you are using a control device to comply with the emission
limitations in Sec.63.7184 and the inlet concentration of HAP to the
control device is 20 ppmv or less, then you may demonstrate that the
control device meets the percent by weight HAP emission reduction
limitation in Sec.63.7184(c)(1) or (d)(1) by conducting a design
evaluation as specified in paragraph (i) of this section. Your design
evaluation must represent your maximum operating conditions or HAP
emissions potential and must be approved by the Administrator. You must
demonstrate continuous compliance by certifying that your operations
will not exceed the maximum operating conditions or HAP emissions
potential represented by your design evaluation.
(d) [Reserved]
(e) For each monitoring system required in this section, you must
develop and submit for approval a site-specific monitoring plan that
addresses the criteria specified in paragraphs (e)(1) through (3) of
this section.
(1) Installation of the continuous monitoring system (CMS) sampling
probe or other interface at a measurement location relative to each
affected

[[Page 97]]

process unit such that the measurement is representative of control of
the exhaust emissions (e.g., on or downstream of the last control
device);
(2) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer,
and the data collection and reduction system; and
(3) Performance evaluation procedures and acceptance criteria (e.g.,
calibrations).
(f) In your site-specific monitoring plan, you must also address the
procedural processes in paragraphs (f)(1) through (3) of this section.
(1) Ongoing operation and maintenance procedures in accordance with
the general requirements of Sec.63.8(c)(1), (3), (4)(ii), (7), and
(8);
(2) Ongoing data quality assurance procedures in accordance with the
general requirements of Sec.63.8(d); and
(3) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec.63.10(c), (e)(1), and (e)(2)(i).
(g) You must conduct a performance evaluation of each CMS in
accordance with your site-specific monitoring plan.
(h) You must operate and maintain the CMS in continuous operation
according to the site-specific monitoring plan.
(i) Design evaluation. To demonstrate that a control device meets
the required percent by weight inorganic HAP emission reduction
limitation in Sec.63.7184(c)(1) or (d)(1), a design evaluation must
address the composition of the inorganic HAP concentration of the vent
stream entering the control device. A design evaluation also must
address other vent stream characteristics and control device operating
parameters as specified in any one of paragraphs (i)(1) through (5) of
this section, depending on the type of control device that is used. If
the vent stream is not the only inlet to the control device, the
efficiency demonstration must also consider all other vapors, gases, and
liquids, other than fuels, received by the control device.
(1) For a condenser, the design evaluation shall consider the vent
stream flow rate, relative humidity, and temperature and shall establish
the design outlet organic HAP 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. The temperature of the gas stream exiting the condenser must be
measured and used to establish the outlet organic HAP concentration.
(2) For a carbon adsorption system that regenerates the carbon bed
directly onsite in the control device such as a fixed-bed adsorber, the
design evaluation shall consider the vent stream flow rate, relative
humidity, and temperature and shall establish the design exhaust vent
stream organic compound concentration level, adsorption cycle time,
number and capacity of carbon beds, type and working capacity of
activated carbon used for carbon beds, design total regeneration stream
mass or volumetric flow over the period of each complete carbon bed
regeneration cycle, design carbon bed temperature after regeneration,
design carbon bed regeneration time, and design service life of carbon.
For vacuum desorption, the pressure drop shall be included.
(3) For a carbon adsorption system that does not regenerate the
carbon bed directly onsite in the control device such as a carbon
canister, the design evaluation shall consider the vent stream mass or
volumetric flow rate, relative humidity, and temperature and shall
establish the design exhaust vent stream organic compound concentration
level, capacity of carbon bed, type and working capacity of activated
carbon used for carbon bed, and design carbon replacement interval based
on the total carbon working capacity of the control device and source
operating schedule.
(4) For a scrubber, the design evaluation shall consider the vent
stream composition, constituent concentrations, liquid-to-vapor ratio,
scrubbing liquid flow rate and concentration, temperature, and the
reaction kinetics of the constituents with the scrubbing liquid. The
design evaluation shall establish the design exhaust vent stream organic
compound concentration level and will include the additional information
in paragraphs (i)(5)(i) and (ii) of

[[Page 98]]

this section for trays and a packed column scrubber.
(i) Type and total number of theoretical and actual trays;
(ii) Type and total surface area of packing for entire column, and
for individual packed sections if column contains more than one packed
section.

[68 FR 27925, May 22, 2003, as amended at 71 FR 20467, Apr. 20, 2006]

Sec.63.7188 What are my monitoring installation, operation,
and maintenance requirements?

If you comply with the emission limitations of Sec.63.7184 by
venting the emissions of your semiconductor process vent through a
closed vent system to a control device, you must comply with the
requirements of paragraphs (a) and (b) of this section.
(a) You must meet the applicable general monitoring, installation,
operation, and maintenance requirements specified in Sec.63.996.
(b) You must meet the monitoring, installation, operation, and
maintenance requirements specified for closed vent systems and
applicable control devices in Sec. Sec.63.983 through 63.995. If you
used the design evaluation procedure in Sec.63.7187(i) to demonstrate
compliance, you must use the information from the design evaluation to
establish the operating parameter level for monitoring of the control
device.

Applications, Notifications, Reports, and Records

Sec.63.7189 What applications and notifications must I submit and when?

(a) You must submit all of the applications and notifications in
Sec. Sec.63.7(b) and (c); 63.8(e), (f)(4) and (f)(6); and 63.9(b)
through (e), (g) and (h) that apply to you by the dates specified.
(b) As specified in Sec.63.9(b)(2), if you start up your affected
source before May 22, 2003, you must submit an Initial Notification not
later than 120 calendar days after May 22, 2003.
(c) As specified in Sec.63.9(b)(3), if you start up your new or
reconstructed affected source on or after May 22, 2003. you must submit
an Initial Notification not later than 120 calendar days after you
become subject to this subpart.
(d) If you are required to conduct a performance test, you must
submit a notification of intent to conduct a performance test at least
60 calendar days before the performance test is scheduled to begin as
required in Sec.63.7(b)(1).
(e) If you are required to conduct a performance test or other
initial compliance demonstration, you must submit a Notification of
Compliance Status according to Sec.63.9(h)(2)(ii) and according to
paragraphs (e)(1) and (2) of this section.
(1) For each initial compliance demonstration that does not include
a performance test, you must submit the Notification of Compliance
Status before the close of business on the 30th calendar day following
the completion of the initial compliance demonstration. If you used the
design evaluation procedure in Sec.63.7187(i) to demonstrate
compliance, you must include the results of the design evaluation in the
Notification of Compliance Status.
(2) For each initial compliance demonstration required that includes
a performance test conducted according to the requirements in Table 1 to
this subpart, you must submit a notification of the date of the
performance evaluation at least 60 days prior to the date the
performance evaluation is scheduled to begin as required in Sec.
63.8(e)(2).

Sec.63.7190 What reports must I submit and when?

(a) You must submit each of the following reports that apply to you.
(1) Periodic compliance reports. You must submit a periodic
compliance report that contains the information required under
paragraphs (c) through (e) of this section, and any requirements
specified to be reported for process vents in Sec.63.982(a)(2) and
storage tanks in Sec.63.982(a)(1).
(2) Immediate startup, shutdown, and malfunction report. You must
submit an Immediate Startup, Shutdown, and Malfunction Report if you had
a startup, shutdown, or malfunction during the reporting period that is
not consistent with your SSMP. Your report must contain actions taken
during the event. You must submit this report by fax or telephone within
2 working days after starting actions inconsistent with you SSMP. You
are required to follow

[[Page 99]]

up this report with a report specifying the information in Sec.
63.10(d)(5)(ii) by letter within 7 working days after the end of the
event unless you have made alternative arrangements with your permitting
authority.
(b) Unless the Administrator has approved a different schedule for
submission of reports under Sec.63.10(a), you must submit each report
by the date according to paragraphs (b)(1) through (5) of this section.
(1) The first periodic compliance report must cover the period
beginning on the compliance date that is specified for your affected
source in Sec.63.7183 and ending on June 30 or December 31, whichever
date is the first date following the end of the first 12 calendar months
after the compliance date that is specified for your source in Sec.
63.7183.
(2) The first periodic compliance report must be postmarked or
delivered no later than July 31 or January 31, whichever date follows
the end of the first 12 calendar months after the compliance date that
is specified for your affected source in Sec.63.7183.
(3) Each subsequent periodic compliance report must cover the
semiannual reporting period from January 1 through June 30 or the
semiannual reporting period from July 1 through December 31.
(4) Each subsequent periodic compliance report must be postmarked or
delivered no later than July 31 or January 31, whichever date is the
first date following the end of the semiannual reporting period.
(5) For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the
permitting authority has established dates for submitting semiannual
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A), you may submit the first and subsequent periodic
compliance reports according to the dates the permitting authority has
established instead of according to the dates in paragraphs (b)(1)
through (4) of this section.
(c) The periodic compliance report must contain the information
specified in paragraphs (c)(1) through (5) of this section.
(1) Company name and address.
(2) Statement by a responsible official with that official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
(3) Date of report and beginning and ending dates of the reporting
period.
(4) If there are no deviations from any emission limitations that
apply to you, a statement that there were no deviations from the
emission limitations during the reporting period and that no CMS was
inoperative, inactive, malfunctioning, out-of-control, repaired, or
adjusted.
(5) If you had a startup, shutdown, or malfunction during the
reporting period and you took actions consistent with your SSMP, your
periodic compliance report must include the information in Sec.
63.10(d)(5) for each startup, shutdown, and malfunction.
(d) For each deviation from an emission limitation that occurs at an
affected source where you are not using a CMS to comply with the
emission limitations, the periodic compliance report must contain the
information in paragraphs (d)(1) through (2) of this section.
(1) The total operating time of each affected source during the
reporting period.
(2) Information on the number, duration, and cause of deviations
(including unknown cause), if applicable.
(e) For each deviation from an emission limitation occurring at an
affected source where you are using a CMS to demonstrate compliance with
the emission limitation, you must include the information in paragraphs
(e)(1) through (8) of this section.
(1) The date and time that each malfunction started and stopped, and
the reason it was inoperative.
(2) The date and time that each CMS was inoperative, except for
calibration checks.
(3) The date and time that each CMS was out-of-control, including
the information in Sec.63.8(c)(8).
(4) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of startup, shutdown, or
malfunction or during another period, and the cause of the deviation.
(5) A summary of the total duration of the deviation during the
reporting

[[Page 100]]

period, and the total duration as a percent of the total source
operating time during that reporting period.
(6) A summary of the total duration of CMS downtime during the
reporting period, and the total duration of CMS downtime as a percent of
the total source operating time during the reporting period.
(7) An identification of each HAP that was monitored at the affected
source.
(8) The date of the latest CMS certification or audit.

Sec.63.7191 What records must I keep?

Sec.63.7192 In what form and how long must I keep my records?

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

Other Requirements and Information

Sec.63.7193 What parts of the General Provisions apply to me?

Table 2 to this subpart shows which parts of the General Provisions
in Sec. Sec.63.1 through 63.13 apply to you.

Sec.63.7194 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by us, the U.S.
Environmental Protection Agency (EPA), or a delegated authority such as
your State, local, or tribal agency. If the U.S. EPA Administrator has
delegated authority to your State, local, or tribal agency, then that
agency has the authority to implement and enforce this subpart. You
should contact your U.S. EPA Regional Office to find out if this subpart
is delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraph (c) of this section
are retained by the U.S. EPA Administrator and are not transferred to
the State, local, or tribal agency.
(c) The authorities that will not be delegated to State, local, or
tribal agencies are as listed in paragraphs (c)(1) through (4) of this
section.
(1) Approval of alternatives to the non-opacity emission limitations
in Sec.63.7184 under Sec.63.6(g).

[[Page 101]]

(2) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec.63.90.
(3) Approval of major alternatives to monitoring under Sec.63.8(f)
and as defined in Sec.63.90.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec.63.10(f) and as defined in Sec.63.90.

Sec.63.7195 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in
Sec. Sec.63.2 and 63.981, the General Provisions of this part (40 CFR
part 63, subpart A), and in this section as follows:
Combined HAP process vent means a process vent that emits both
inorganic and organic HAP to the atmosphere.
Control device means a combustion device, recovery device, recapture
device, or any combination of these devices used for the primary purpose
of reducing emissions to comply with this subpart. Devices that are
inherent to a process or are integral to the operation of a process are
not considered control devices for the purposes of this subpart, even
though these devices may have the secondary effect of reducing
emissions.
Inorganic HAP process vent means a process vent that emits only
inorganic HAP to the atmosphere.
Organic HAP process vent means a process vent that emits only
organic HAP to the atmosphere.
Process vent means the point at which HAP emissions are released to
the atmosphere from a semiconductor manufacturing process unit or
storage tank by means of a stack, chimney, vent, or other functionally
equivalent opening. The HAP emission points originating from wastewater
treatment equipment, other than storage tanks, are not considered to be
a process vent, unless the wastewater treatment equipment emission
points are connected to a common vent or exhaust plenum with other
process vents.
Semiconductor manufacturing means the collection of semiconductor
manufacturing process units used to manufacture p-type and n-type
semiconductors or active solid state devices from a wafer substrate,
including processing from crystal growth through wafer fabrication, and
testing and assembly. Examples of semiconductor or related solid state
devices include semiconductor diodes, semiconductor stacks, rectifiers,
integrated circuits, and transistors.
Semiconductor manufacturing process unit means the collection of
equipment used to carry out a discrete operation in the semiconductor
manufacturing process. These operations include, but are not limited to,
crystal growing; solvent stations used to prepare and clean materials
for subsequent processing or for parts cleaning; wet chemical stations
used for cleaning (other than solvent cleaning); photoresist
application, developing, and stripping; etching; gaseous operation
stations used for stripping, cleaning, doping, etching, and layering;
separation; encapsulation; and testing. Research and development
operations associated with semiconductor manufacturing and conducted at
a semiconductor manufacturing facility are considered to be
semiconductor manufacturing process units.
Storage tank means a stationary unit that is constructed primarily
from nonearthen materials (such as wood, concrete, steel, fiberglass, or
plastic) which provides structural support and is designed to hold an
accumulation of liquids or other materials used in or generated by a
semiconductor manufacturing process unit. The following are not storage
tanks for the purposes of this subpart:
(1) Tanks permanently attached to motor vehicles such as trucks,
railcars, barges, or ships;
(2) Flow-through tanks where wastewater undergoes treatment (such as
pH adjustment) before discharge, and are not used to accumulate
wastewater;
(3) Bottoms receiver tanks; and
(4) Surge control tanks.

[68 FR 27925, May 22, 2003, as amended at 73 FR 42532, 73 FR 42532, July
22, 2008]

[[Page 102]]

Sec. Table 1 to Subpart BBBBB of Part 63--Requirements for Performance
Tests

As stated in Sec.63.7187, you must comply with the requirements
for performance tests in the following table:

----------------------------------------------------------------------------------------------------------------
According to the
For . . . You must . . . Using . . . following requirements
. . .
----------------------------------------------------------------------------------------------------------------
1. Process or storage tank vent a. Select sampling Method 1 or 1A of 40 Sampling sites must be
streams. port's location and CFR part 60, appendix located at the inlet
the number of traverse A. (if emission reduction
ports. or destruction
efficiency testing is
required) and outlet
of the control device
and prior to any
releases to the
atmosphere.
b. Determine velocity Method 2, 2A, 2C, 2D, For HAP reduction
and volumetric flow 2F, or 2G of 40 CFR efficiency testing
rate. part 60, appendix A. only; not necessary
for determining
compliance with a ppmv
concentration limit.
c. Conduct gas i. Method 3, 3A, or 3B For flow rate
molecular weight of 40 CFR part 60, determination only.
analysis. appendix A.
ii. ASME PTC 19.10-1981- You may use ASME PTC
Part 10. 19.10-1981-Part 10
(available for
purchase from Three
Park Avenue, New York,
NY 10016-5990) as an
alternative to EPA
Method 3B.
d. Measure moisture Method 4 of 40 CFR part For flow rate
content of the stack 60, appendix A. determination and
gas. correction to dry
basis, if necessary.
2. Process vent stream............... a. Measure organic and i. Method 18, 25, or (1) To determine
inorganic HAP 25A of 40 CFR part 60, compliance with the
concentration (two appendix A, AND percent by weight
method option). ii. Method 26 or 26A of emission reduction
40 CFR part 60, limit, conduct
appendix A. simultaneous sampling
at inlet and outlet of
control device and
analyze for same
organic and inorganic
HAP at both inlet and
outlet; and
(2) If you use Method
25A to determine the
TOC concentration for
compliance with the 20
ppmv emission
limitation, the
instrument must be
calibrated on methane
or the predominant
HAP. If you calibrate
on the predominant
HAP, you must comply
with each of the
following:
--The organic HAP used
as the calibration gas
must be the single
organic HAP
representing the
largest percent of
emissions by volume.
--The results are
acceptable if the
response from the high
level calibration gas
is at least 20 times
the standard deviation
of the response from
the zero calibration
gas when the
instrument is zeroed
on its most sensitive
scale.
--The span value of the
analyzer must be less
than 100 ppmv.
To determine compliance
with 98 percent
reduction limit,
conduct simultaneous
sampling at inlet and
outlet of control
device and analyze for
same organic and
inorganic HAP at both
inlet and outlet.
c. Measure organic and Method 320 of 40 CFR To determine compliance
inorganic HAP part 63, appendix A. with the percent by
simultaneously (one weight emission
method option). reduction limit,
conduct simultaneous
sampling at inlet and
outlet of control
device and analyze for
same organic and
inorganic HAP at both
inlet and outlet.
3. Storage tank vent stream.......... Measure inorganic HAP Method 26 or 26A of 40 To determine compliance
concentration. CFR part 60, appendix with percent by weight
A, or Method 320 of 40 emission reduction
CFR part 63, appendix limit, conduct
A. simultaneous sampling
at inlet and outlet of
control device and
analyze for same
inorganic HAP at both
inlet and outlet.
----------------------------------------------------------------------------------------------------------------

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

As stated in Sec.63.7193, you must comply with the applicable
General Provisions requirements according to the following table:

[[Page 103]]

------------------------------------------------------------------------
Applicable to
Citation Subject Subpart BBBBB?
------------------------------------------------------------------------
Sec. 63.1................. Applicability....... Yes.
Sec. 63.2................. Definitions......... Yes.
Sec. 63.3................. Units and Yes.
Abbreviations.
Sec. 63.4................. Prohibited Yes.
Activities and
Circumvention.
Sec. 63.5................. Construction and Yes.
Reconstruction.
Sec. 63.6................. Compliance with Yes.
Standards and
Maintenance.
Sec. 63.7................. Performance Testing Yes, with the
Requirements. exception of Sec.
63.7(e)(1). The
requirements of
Sec. 63.7(e)(1)
do not apply.
Performance testing
requirements that
apply are specified
in this subpart,
and in Sec.
63.982(a)(1) and
(2).
Sec. 63.8................. Monitoring Monitoring
Requirements. requirements are
specified in this
subpart and in Sec.
63.982(a)(1) and
(2). The closed
vent system
inspection
requirements of
Sec. 63.983(c),
as referenced by
Sec. 63.982(a)(1)
and (2), do not
apply.
Sec. 63.9................. Notification Yes.
Requirements.
Sec. 63.10................ Recordkeeping and Yes, with the
Reporting exception of Sec.
Requirements. 63.10(e). The
requirements of
Sec. 63.10(e) do
not apply. In
addition, the
recordkeeping and
reporting
requirements
specified in this
subpart apply.
Sec. 63.11................ Flares.............. Yes.
Sec. 63.12................ Delegation.......... Yes.
Sec. 63.13................ Addresses........... Yes.
Sec. 63.14................ Incorporation by Yes.
Reference.
Sec. 63.15................ Availability of Yes.
Information.
------------------------------------------------------------------------

Subpart CCCCC_National Emission Standards for Hazardous Air Pollutants
for Coke Ovens: Pushing, Quenching, and Battery Stacks

Source: 68 FR 18025, Apr. 14, 2003, unless otherwise noted.

What This Subpart Covers

Sec.63.7280 What is the purpose of this subpart?

This subpart establishes national emission standards for hazardous
air pollutants (NESHAP) for pushing, soaking, quenching, and battery
stacks at coke oven batteries. This subpart also establishes
requirements to demonstrate initial and continuous compliance with all
applicable emission limitations, work practice standards, and operation
and maintenance requirements in this subpart.

Sec.63.7281 Am I subject to this subpart?

You are subject to this subpart if you own or operate a coke oven
battery at a coke plant that is (or is part of) a major source of
hazardous air pollutant (HAP) emissions. A major source of HAP is a
plant site that emits or has the potential to emit any single HAP at a
rate of 10 tons or more per year or any combination of HAP at a rate of
25 tons or more per year.

Sec.63.7282 What parts of my plant does this subpart cover?

(a) This subpart applies to each new or existing affected source at
your coke plant. The affected source is each coke oven battery.
(b) This subpart covers emissions from pushing, soaking, quenching,
and battery stacks from each affected source.
(c) An affected source at your coke plant is existing if you
commenced construction or reconstruction of the affected source before
July 3, 2001.
(d) An affected source at your coke plant is new if you commenced
construction or reconstruction of the affected source on or after July
3, 2001. An affected source is reconstructed if it meets the definition
of ``reconstruction'' in Sec.63.2.

Sec.63.7283 When do I have to comply with this subpart?

[[Page 104]]

(b) If you have a new affected source and its initial startup date
is on or before April 14, 2003, you must comply with each emission
limitation, work practice standard, and operation and maintenance
requirement in this subpart that applies to you by April 14, 2003.
(c) If you have a new affected source and its initial startup date
is after April 14, 2003, you must comply with each emission limitation,
work practice standard, and operation and maintenance requirement in
this subpart that applies to you upon initial startup.
(d) You must meet the notification and schedule requirements in
Sec.63.7340. Several of these notifications must be submitted before
the compliance date for your affected source.

[68 FR 18025, Apr. 14, 2003; 68 FR 19885, Apr. 22, 2003]

Emission Limitations and Work Practice Standards

Sec.63.7290 What emission limitations must I meet for capture systems
and control devices applied to pushing emissions?

(a) You must not discharge to the atmosphere emissions of
particulate matter from a control device applied to pushing emissions
from a new or existing coke oven battery that exceed the applicable
limit in paragraphs (a)(1) through (4) of this section:
(1) 0.01 grain per dry standard cubic foot (gr/dscf) if a cokeside
shed is used to capture emissions;
(2) 0.02 pound per ton (lb/ton) of coke if a moveable hood vented to
a stationary control device is used to capture emissions;
(3) If a mobile scrubber car that does not capture emissions during
travel is used:
(i) 0.03 lb/ton of coke for a control device applied to pushing
emissions from a short battery, or
(ii) 0.01 lb/ton of coke for a control device applied to pushing
emissions from a tall battery; and
(4) 0.04 lb/ton of coke if a mobile control device that captures
emissions during travel is used.
(b) You must meet each operating limit in paragraphs (b)(1) through
(4) of this section that applies to you for a new or existing coke oven
battery.
(1) For each venturi scrubber applied to pushing emissions, you must
maintain the daily average pressure drop and scrubber water flow rate at
or above the minimum levels established during the initial performance
test.
(2) For each hot water scrubber applied to pushing emissions, you
must maintain the daily average water pressure and water temperature at
or above the minimum levels established during the initial performance
test.
(3) For each capture system applied to pushing emissions, you must
maintain the daily average volumetric flow rate at the inlet of the
control device at or above the minimum level established during the
initial performance test; or
(i) For each capture system that uses an electric motor to drive the
fan, you must maintain the daily average fan motor amperes at or above
the minimum level established during the initial performance test; and
(ii) For each capture system that does not use a fan driven by an
electric motor, you must maintain the daily average static pressure at
the inlet to the control device at an equal or greater vacuum than the
level established during the initial performance test or maintain the
daily average fan revolutions per minute (RPM) at or above the minimum
level established during the initial performance test.
(4) For each multicyclone, you must maintain the daily average
pressure drop at or below the minimum level established during the
initial performance test.

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60818, Oct. 13, 2004]

Sec.63.7291 What work practice standards must I meet for fugitive
pushing emissions if I have a by-product coke oven battery with vertical flues?

(a) You must meet each requirement in paragraphs (a)(1) through (7)
of this section for each new or existing by-product coke oven battery
with vertical flues.
(1) Observe and record the opacity of fugitive pushing emissions
from each oven at least once every 90 days. If an

[[Page 105]]

oven cannot be observed during a 90-day period due to circumstances that
were not reasonably avoidable, you must observe the opacity of the first
push of that oven following the close of the 90-day period that is
capable of being observed in accordance with the procedures in Sec.
63.7334(a), and you must document why the oven was not observed within a
90-day period. All opacity observations of fugitive pushing emissions
for batteries with vertical flues must be made using the procedures in
Sec.63.7334(a).
(2) If two or more batteries are served by the same pushing
equipment and total no more than 90 ovens, the batteries as a unit can
be considered a single battery.
(3) Observe and record the opacity of fugitive pushing emissions for
at least four consecutive pushes per battery each day. Exclude any push
during which the observer's view is obstructed or obscured by
interferences and observe the next available push to complete the set of
four pushes. If necessary due to circumstances that were not reasonably
avoidable, you may observe fewer than four consecutive pushes in a day;
however, you must observe and record as many consecutive pushes as
possible and document why four consecutive pushes could not be observed.
You may observe and record one or more non-consecutive pushes in
addition to any consecutive pushes observed in a day.
(4) Do not alter the pushing schedule to change the sequence of
consecutive pushes to be observed on any day. Keep records indicating
the legitimate operational reason for any change in your pushing
schedule which results in a change in the sequence of consecutive pushes
observed on any day.
(5) If the average opacity for any individual push exceeds 30
percent opacity for any short battery or 35 percent opacity for any tall
battery, you must take corrective action and/or increase coking time for
that oven. You must complete corrective action or increase coking time
within either 10 calendar days or the number of days determined using
Equation 1 of this section, whichever is greater:

X = 0.55 * Y (Eq. 1)

Where:

X = Number of calendar days allowed to complete corrective action or
increase coking time; and
Y = Current coking time for the oven, hours.

For the purpose of determining the number of calendar days allowed under
Equation 1 of this section, day one is the first day following the day
you observed an opacity in excess of 30 percent for any short battery or
35 percent for any tall battery. Any fraction produced by Equation 1 of
this section must be counted as a whole day. Days during which the oven
is removed from service are not included in the number of days allowed
to complete corrective action.
(6)(i) You must demonstrate that the corrective action and/or
increased coking time was successful. After a period of time no longer
than the number of days allowed in paragraph (a)(5) of this section,
observe and record the opacity of the first two pushes for the oven
capable of being observed using the procedures in Sec.63.7334(a). The
corrective action and/or increased coking time was successful if the
average opacity for each of the two pushes is 30 percent or less for a
short battery or 35 percent or less for a tall battery. If the
corrective action and/or increased coking time was successful, you may
return the oven to the 90-day reading rotation described in paragraph
(a)(1) of this section. If the average opacity of either push exceeds 30
percent for a short battery or 35 percent for a tall battery, the
corrective action and/or increased coking time was unsuccessful, and you
must complete additional corrective action and/or increase coking time
for that oven within the number of days allowed in paragraph (a)(5) of
this section.
(ii) After implementing any additional corrective action and/or
increased coking time required under paragraph (a)(6)(i) or (a)(7)(ii)
of this section, you must demonstrate that corrective action and/or
increased coking time was successful. After a period of time no longer
than the number of days allowed in paragraph (a)(5) of this section, you
must observe and record the opacity of the first two pushes for the oven
capable of being observed using the procedures in Sec.63.7334(a). The

[[Page 106]]

corrective action and/or increased coking time was successful if the
average opacity for each of the two pushes is 30 percent or less for a
short battery or 35 percent or less for a tall battery. If the
corrective action and/or increased coking time was successful, you may
return the oven to the 90-day reading rotation described in paragraph
(a)(1) of this section. If the average opacity of either push exceeds 30
percent for a short battery or 35 percent for a tall battery, the
corrective action and/or increased coking time was unsuccessful, and you
must follow the procedures in paragraph (a)(6)(iii) of this section.
(iii) If the corrective action and/or increased coking time was
unsuccessful as described in paragraph (a)(6)(ii) of this section, you
must repeat the procedures in paragraph (a)(6)(ii) of this section until
the corrective action and/or increased coking time is successful. You
must report to the permitting authority as a deviation each unsuccessful
attempt at corrective action and/or increased coking time under
paragraph (a)(6)(ii) of this section.
(7)(i) If at any time you place an oven on increased coking time as
a result of fugitive pushing emissions that exceed 30 percent for a
short battery or 35 percent for a tall battery, you must keep the oven
on the increased coking time until the oven qualifies for decreased
coking time using the procedures in paragraph (a)(7)(ii) or (a)(7)(iii)
of this section.
(ii) To qualify for a decreased coking time for an oven placed on
increased coking time in accordance with paragraph (a)(5) or (6) of this
section, you must operate the oven on the decreased coking time. After
no more than two coking cycles on the decreased coking time, you must
observe and record the opacity of the first two pushes that are capable
of being observed using the procedures in Sec.63.7334(a). If the
average opacity for each of the two pushes is 30 percent or less for a
short battery or 35 percent or less for a tall battery, you may keep the
oven on the decreased coking time and return the oven to the 90-day
reading rotation described in paragraph (a)(1) of this section. If the
average opacity of either push exceeds 30 percent for a short battery or
35 percent for a tall battery, the attempt to qualify for a decreased
coking time was unsuccessful. You must then return the oven to the
previously established increased coking time, or implement other
corrective action(s) and/or increased coking time. If you implement
other corrective action and/or a coking time that is shorter than the
previously established increased coking time, you must follow the
procedures in paragraph (a)(6)(ii) of this section to confirm that the
corrective action(s) and/or increased coking time was successful.
(iii) If the attempt to qualify for decreased coking time was
unsuccessful as described in paragraph (a)(7)(ii) of this section, you
may again attempt to qualify for decreased coking time for the oven. To
do this, you must operate the oven on the decreased coking time. After
no more than two coking cycles on the decreased coking time, you must
observe and record the opacity of the first two pushes that are capable
of being observed using the procedures in Sec.63.7334(a). If the
average opacity for each of the two pushes is 30 percent or less for a
short battery or 35 percent or less for a tall battery, you may keep the
oven on the decreased coking time and return the oven to the 90-day
reading rotation described in paragraph (a)(1) of this section. If the
average opacity of either push exceeds 30 percent for a short battery or
35 percent for a tall battery, the attempt to qualify for a decreased
coking time was unsuccessful. You must then return the oven to the
previously established increased coking time, or implement other
corrective action(s) and/or increased coking time. If you implement
other corrective action and/or a coking time that is shorter than the
previously established increased coking time, you must follow the
procedures in paragraph (a)(6)(ii) of this section to confirm that the
corrective action(s) and/or increased coking time was successful.
(iv) You must report to the permitting authority as a deviation the
second and any subsequent consecutive unsuccessful attempts on the same
oven to qualify for decreased coking time as described in paragraph
(a)(7)(iii) of this section.

[[Page 107]]

(b) As provided in Sec.63.6(g), you may request to use an
alternative to the work practice standards in paragraph (a) of this
section.

Sec.63.7292 What work practice standards must I meet for fugitive
pushing emissions if I have a by-product coke oven battery with
horizontal flues?

(a) You must comply with each of the requirements in paragraphs
(a)(1) through (4) of this section.
(1) Prepare and operate by a written plan that will eliminate or
minimize incomplete coking for each by-product coke oven battery with
horizontal flues. You must submit the plan and supporting documentation
to the Administrator (or delegated authority) for approval no later than
90 days after completing all observations and measurements required for
the study in paragraph (a)(3) of this section or April 14, 2004,
whichever is earlier. You must begin operating by the plan requirements
by the compliance date that is specified in Sec.63.7283. The written
plan must identify minimum flue temperatures for different coking times
and a battery-wide minimum acceptable flue temperature for any oven at
any coking time.
(2) Submit the written plan and supporting documentation to the
Administrator (or delegated authority) for review and approval. Include
all data collected during the study described in paragraph (a)(3) of
this section. If the Administrator (or delegated authority) disapproves
the plan, you must revise the plan as directed by the Administrator (or
delegated authority) and submit the amended plan for approval. The
Administrator (or delegated authority) may require you to collect and
submit additional data. You must operate according to your submitted
plan (or submitted amended plan, if any) until the Administrator (or
delegated authority) approves your plan.
(3) You must base your written plan on a study that you conduct that
meets each of the requirements listed in paragraphs (a)(3)(i) through
(x) of this section.
(i) Initiate the study by July 14, 2003. Notify the Administrator
(or delegated authority) at least 7 days prior to initiating the study
according to the requirements in Sec.63.7340(f).
(ii) Conduct the study under representative operating conditions,
including but not limited to the range of moisture content and volatile
matter in the coal that is charged.
(iii) Include every oven in the study and observe at least two
pushes from each oven.
(iv) For each push observed, measure and record the temperature of
every flue within 2 hours before the scheduled pushing time. Document
the oven number, date, and time the oven was charged and pushed, and
calculate the net coking time.
(v) For each push observed, document the factors to be used to
identify pushes that are incompletely coked. These factors must include
(but are not limited to): average opacity during the push, average
opacity during travel to the quench tower, average of six highest
consecutive observations during both push and travel, highest single
opacity reading, color of the emissions (especially noting any yellow or
brown emissions), presence of excessive smoke during travel to the
quench tower, percent volatile matter in the coke, percent volatile
matter and percent moisture in the coal that is charged, and the date
the oven was last rebuilt or completely relined. Additional
documentation may be provided in the form of pictures or videotape of
emissions during the push and travel. All opacity observations must be
conducted in accordance with the procedures in Sec.63.7334(a)(3)
through (7).
(vi) Inspect the inside walls of the oven after each observed push
for cool spots as indicated by a flue that is darker than others (the
oven walls should be red hot) and record the results.
(vii) For each push observed, note where incomplete coking occurs if
possible (e.g., coke side end, pusher side end, top, or center of the
coke mass). For any push with incomplete coking, investigate and
document the probable cause.
(viii) Use the documented factors in paragraph (a)(3)(v) of this
section to identify pushes that were completely coked and those that
were not completely coked. Provide a rationale for

[[Page 108]]

the determination based on the documentation of factors observed during
the study.
(ix) Use only the flue temperature and coking time data for pushes
that were completely coked to identify minimum flue temperatures for
various coking times. Submit the criteria used to determine complete
coking, as well as a table of coking times and corresponding
temperatures for complete coking as part of your plan.
(x) Determine the battery-wide minimum acceptable flue temperature
for any oven. This temperature will be equal to the lowest temperature
that provided complete coking as determined in paragraph (a)(3)(ix) of
this section.
(4) You must operate according to the coking times and temperatures
in your approved plan and the requirements in paragraphs (a)(4)(i)
through (viii) of this section.
(i) Measure and record the percent volatile matter in the coal that
is charged.
(ii) Measure and record the temperature of all flues on two ovens
per day within 2 hours before the scheduled pushing time for each oven.
Measure and record the temperature of all flues on each oven at least
once each month.
(iii) For each oven observed in accordance with paragraph (a)(4)(ii)
of this section, record the time each oven is charged and pushed and
calculate and record the net coking time. If any measured flue
temperature for an oven is below the minimum flue temperature for an
oven's scheduled coking time as established in the written plan,
increase the coking time for the oven to the coking time in the written
plan for the observed flue temperature before pushing the oven.
(iv) If you increased the coking time for any oven in accordance
with paragraph (a)(4)(iii) of this section, you must investigate the
cause of the low flue temperature and take corrective action to fix the
problem. You must continue to measure and record the temperature of all
flues for the oven within 2 hours before each scheduled pushing time
until the measurements meet the minimum temperature requirements for the
increased coking time for two consecutive pushes. If any measured flue
temperature for an oven on increased coking time falls below the minimum
flue temperature for the increased coking time, as established in the
written plan, you must increase the coking time for the oven to the
coking time specified in the written plan for the observed flue
temperature before pushing the oven. The oven must continue to operate
at this coking time (or at a longer coking time if the temperature falls
below the minimum allowed for the increased coking time) until the
problem has been corrected, and you have confirmed that the corrective
action was successful as required by paragraph (a)(4)(v) of this
section.
(v) Once the heating problem has been corrected, the oven may be
returned to the battery's normal coking schedule. You must then measure
and record the flue temperatures for the oven within 2 hours before the
scheduled pushing time for the next two consecutive pushes. If any flue
temperature measurement is below the minimum flue temperature for that
coking time established in the written plan, repeat the procedures in
paragraphs (a)(4)(iii) and (iv) of this section.
(vi) If any flue temperature measurement is below the battery-wide
minimum acceptable temperature for complete coking established in the
written plan for any oven at any coking time, you must remove the oven
from service for repairs.
(vii) For an oven that has been repaired and returned to service
after being removed from service in accordance with paragraph (a)(4)(vi)
of this section, you must measure and record the temperatures of all
flues for the oven within 2 hours before the first scheduled pushing
time. If any flue temperature measurement is below the minimum flue
temperature for the scheduled coking time, as established in the written
plan, you must repeat the procedures described in paragraphs (a)(4)(iii)
and (iv) of this section.
(viii) For an oven that has been repaired and returned to service
after removal from service in accordance with paragraph (a)(4)(vi) of
this section, you

[[Page 109]]

must report as a deviation to the permitting authority any flue
temperature measurement made during the initial coking cycle after
return to service that is below the lowest acceptable minimum flue
temperature.
(b) As provided in Sec.63.6(g), you may request to use an
alternative to the work practice standards in paragraph (a) of this
section.

Sec.63.7293 What work practice standards must I meet for fugitive
pushing emissions if I have a non-recovery coke oven battery?

(a) You must meet the requirements in paragraphs (a)(1) and (2) of
this section for each new and existing non-recovery coke oven battery.
(1) You must visually inspect each oven prior to pushing by opening
the door damper and observing the bed of coke.
(2) Do not push the oven unless the visual inspection indicates that
there is no smoke in the open space above the coke bed and that there is
an unobstructed view of the door on the opposite side of the oven.
(b) As provided in Sec.63.6(g), you may request to use an
alternative to the work practice standard in paragraph (a) of this
section.

Sec.63.7294 What work practice standard must I meet for soaking?

(a) For each new and existing by-product coke oven battery, you must
prepare and operate at all times according to a written work practice
plan for soaking. Each plan must include measures and procedures to:
(1) Train topside workers to identify soaking emissions that require
corrective actions.
(2) Damper the oven off the collecting main prior to opening the
standpipe cap.
(3) Determine the cause of soaking emissions that do not ignite
automatically, including emissions that result from raw coke oven gas
leaking from the collecting main through the damper, and emissions that
result from incomplete coking.
(4) If soaking emissions are caused by leaks from the collecting
main, take corrective actions to eliminate the soaking emissions.
Corrective actions may include, but are not limited to, reseating the
damper, cleaning the flushing liquor piping, using aspiration, putting
the oven back on the collecting main, or igniting the emissions.
(5) If soaking emissions are not caused by leaks from the collecting
main, notify a designated responsible party. The responsible party must
determine whether the soaking emissions are due to incomplete coking. If
incomplete coking is the cause of the soaking emissions, you must put
the oven back on the collecting main until it is completely coked or you
must ignite the emissions.
(b) As provided in Sec.63.6(g), you may request to use an
alternative to the work practice standard in paragraph (a) of this
section.

Sec.63.7295 What requirements must I meet for quenching?

(a) You must meet the requirements in paragraphs (a)(1) and (2) of
this section for each quench tower and backup quench station at a new or
existing coke oven battery.
(1) For the quenching of hot coke, you must meet the requirements in
paragraph (a)(1)(i) or (ii) of this section.
(i) The concentration of total dissolved solids (TDS) in the water
used for quenching must not exceed 1,100 milligrams per liter (mg/L); or
(ii) The sum of the concentrations of benzene, benzo(a)pyrene, and
naphthalene in the water used for quenching must not exceed the
applicable site-specific limit approved by the permitting authority.
(2) You must use acceptable makeup water, as defined in Sec.
63.7352, as makeup water for quenching.
(b) For each quench tower at a new or existing coke oven battery and
each backup quench station at a new coke oven battery, you must meet
each of the requirements in paragraphs (b)(1) through (4) of this
section.
(1) You must equip each quench tower with baffles such that no more
than 5 percent of the cross sectional area of the tower may be uncovered
or open to the sky.
(2) You must wash the baffles in each quench tower once each day
that the tower is used to quench coke, except as

[[Page 110]]

specified in paragraphs (b)(2)(i) and (ii) of this section.
(i) You are not required to wash the baffles in a quench tower if
the highest measured ambient temperature remains less than 30 degrees
Fahrenheit throughout that day (24-hour period). If the measured ambient
temperature rises to 30 degrees Fahrenheit or more during the day, you
must resume daily washing according to the schedule in your operation
and maintenance plan.
(ii) You must continuously record the ambient temperature on days
that the baffles were not washed.
(3) You must inspect each quench tower monthly for damaged or
missing baffles and blockage.
(4) You must initiate repair or replacement of damaged or missing
baffles within 30 days and complete as soon as practicable.
(c) As provided in Sec.63.6(g), you may request to use an
alternative to the work practice standards in paragraph (b) of this
section.

Sec.63.7296 What emission limitations must I meet for battery
stacks?

You must not discharge to the atmosphere any emissions from any
battery stack at a new or existing by-product coke oven battery that
exhibit an opacity greater than the applicable limit in paragraphs (a)
and (b) of this section.
(a) Daily average of 15 percent opacity for a battery on a normal
coking cycle.
(b) Daily average of 20 percent opacity for a battery on batterywide
extended coking.

Operation and Maintenance Requirements

Sec.63.7300 What are my operation and maintenance requirements?

(a) As required by Sec.63.6(e)(1)(i), you must always operate and
maintain your affected source, including air pollution control and
monitoring equipment, in a manner consistent with good air pollution
control practices for minimizing emissions at least to the levels
required by this subpart.
(b) You must prepare and operate at all times according to a written
operation and maintenance plan for the general operation and maintenance
of new or existing by-product coke oven batteries. Each plan must
address, at a minimum, the elements listed in paragraphs (b)(1) through
(6) of this section.
(1) Frequency and method of recording underfiring gas parameters.
(2) Frequency and method of recording battery operating temperature,
including measurement of individual flue and cross-wall temperatures.
(3) Procedures to prevent pushing an oven before it is fully coked.
(4) Procedures to prevent overcharging and undercharging of ovens,
including measurement of coal moisture, coal bulk density, and
procedures for determining volume of coal charged.
(5) Frequency and procedures for inspecting flues, burners, and
nozzles.
(6) Schedule and procedures for the daily washing of baffles.
(c) You must prepare and operate at all times according to a written
operation and maintenance plan for each capture system and control
device applied to pushing emissions from a new or existing coke oven
battery. Each plan must address at a minimum the elements in paragraphs
(c)(1) through (3) of this section.
(1) Monthly inspections of the equipment that are important to the
performance of the total capture system (e.g., pressure sensors,
dampers, and damper switches). This inspection must include observations
of the physical appearance of the equipment (e.g., presence of holes in
ductwork or hoods, flow constrictions caused by dents or accumulated
dust in ductwork, and fan erosion). In the event a defect or deficiency
is found in the capture system (during a monthly inspection or between
inspections), you must complete repairs within 30 days after the date
that the defect or deficiency is discovered. If you determine that the
repairs cannot be completed within 30 days, you must submit a written
request for an extension of time to complete the repairs that must be
received by the permitting authority not more than 20 days after the
date that the defect or deficiency is discovered. The request must
contain a description of the defect or deficiency, the steps needed and

[[Page 111]]

taken to correct the problem, the interim steps being taken to mitigate
the emissions impact of the defect or deficiency, and a proposed
schedule for completing the repairs. The request shall be deemed
approved unless and until such time as the permitting authority notifies
you that it objects to the request. The permitting authority may
consider all relevant factors in deciding whether to approve or deny the
request (including feasibility and safety). Each approved schedule must
provide for completion of repairs as expeditiously as practicable, and
the permitting authority may request modifications to the proposed
schedule as part of the approval process.
(2) Preventative maintenance for each control device, including a
preventative maintenance schedule that is consistent with the
manufacturer's instructions for routine and long-term maintenance.
(3) Corrective action for all baghouses applied to pushing
emissions. In the event a bag leak detection system alarm is triggered,
you must initiate corrective action to determine the cause of the alarm
within 1 hour of the alarm, initiate corrective action to correct the
cause of the problem within 24 hours of the alarm, and complete the
corrective action as soon as practicable. Actions may include, but are
not limited to:
(i) Inspecting the baghouse for air leaks, torn or broken bags or
filter media, or any other condition that may cause an increase in
emissions.
(ii) Sealing off defective bags or filter media.
(iii) Replacing defective bags or filter media or otherwise
repairing the control device.
(iv) Sealing off a defective baghouse compartment.
(v) Cleaning the bag leak detection system probe, or otherwise
repairing the bag leak detection system.
(vi) Shutting down the process producing the particulate emissions.

[68 FR 18025, Apr. 14, 2003, as amended at 70 FR 44289, Aug. 2, 2005]

General Compliance Requirements

Sec.63.7310 What are my general requirements for complying with
this subpart?

(a) You must be in compliance with the emission limitations, work
practice standards, and operation and maintenance requirements in this
subpart at all times, except during periods of startup, shutdown, and
malfunction as defined in Sec.63.2.
(b) During the period between the compliance date specified for your
affected source in Sec.63.7283 and the date upon which continuous
monitoring systems have been installed and certified and any applicable
operating limits have been set, you must maintain a log detailing the
operation and maintenance of the process and emissions control
equipment.
(c) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec.63.6(e)(3).

[68 FR 18025, Apr. 14, 2003, as amended at 71 FR 20467, Apr. 20, 2006]

Initial Compliance Requirements

Sec.63.7320 By what date must I conduct performance tests or other initial compliance demonstrations?

(a) As required in Sec.63.7(a)(2), you must conduct a performance
test to demonstrate compliance with each limit in Sec.63.7290(a) for
emissions of particulate matter from a control device applied to pushing
emissions that applies to you within 180 calendar days after the
compliance date that is specified in Sec.63.7283.
(b) You must conduct performance tests to demonstrate compliance
with the TDS limit or constituent limit for quench water in Sec.
63.7295(a)(1) and each opacity limit in Sec.63.7297(a) for a by-
product coke oven battery stack by the compliance date that is specified
in Sec.63.7283.
(c) For each work practice standard and operation and maintenance
requirement that applies to you, you must demonstrate initial compliance
within 30 calendar days after the compliance date that is specified in
Sec.63.7283.
(d) If you commenced construction or reconstruction between July 3,
2001 and

[[Page 112]]

April 14, 2003, you must demonstrate initial compliance with either the
proposed emission limit or the promulgated emission limit no later than
October 14, 2003, or no later than 180 calendar days after startup of
the source, whichever is later, according to Sec.63.7(a)(2)(ix).
(e) If you commenced construction or reconstruction between July 3,
2001 and April 14, 2003, and you chose to comply with the proposed
emission limit when demonstrating initial compliance, you must conduct a
second performance test to demonstrate compliance with the promulgated
emission limit by October 11, 2006, or after startup of the source,
whichever is later, according to Sec.63.7(a)(2)(ix).

Sec.63.7321 When must I conduct subsequent performance tests?

For each control device subject to an emission limit for particulate
matter in Sec.63.7290(a), you must conduct subsequent performance
tests no less frequently than twice (at mid-term and renewal) during
each term of your title V operating permit.

Sec.63.7322 What test methods and other procedures must I use to
demonstrate initial compliance with the emission limits for
particulate matter?

(a) You must conduct each performance test that applies to your
affected source according to the requirements in paragraph (b) of this
section.
(b) To determine compliance with the emission limit for particulate
matter from a control device applied to pushing emissions where a
cokeside shed is the capture system, follow the test methods and
procedures in paragraphs (b)(1) and (2) of this section. To determine
compliance with a process-weighted mass rate of particulate matter (lb/
ton of coke) from a control device applied to pushing emissions where a
cokeside shed is not used, follow the test methods and procedures in
paragraphs (b)(1) through (4) of this section.
(1) Determine the concentration of particulate matter according to
the following test methods in appendix A to 40 CFR part 60.
(i) Method 1 to select sampling port locations and the number of
traverse points. Sampling sites must be located at the outlet of the
control device and prior to any releases to the atmosphere.
(ii) Method 2, 2F, or 2G to determine the volumetric flow rate of
the stack gas.
(iii) Method 3, 3A, or 3B to determine the dry molecular weight of
the stack gas.
(iv) Method 4 to determine the moisture content of the stack gas.
(v) Method 5 or 5D, as applicable, to determine the concentration of
front half particulate matter in the stack gas.
(2) During each particulate matter test run, sample only during
periods of actual pushing when the capture system fan and control device
are engaged. Collect a minimum sample volume of 30 dry standard cubic
feet of gas during each test run. Three valid test runs are needed to
comprise a performance test. Each run must start at the beginning of a
push and finish at the end of a push (i.e., sample for an integral
number of pushes).
(3) Determine the total combined weight in tons of coke pushed
during the duration of each test run according to the procedures in your
source test plan for calculating coke yield from the quantity of coal
charged to an individual oven.
(4) Compute the process-weighted mass emissions (Ep) for
each test run using Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR14AP03.001

Where:

Ep = Process weighted mass emissions of particulate matter,
lb/ton;
C = Concentration of particulate matter, gr/dscf;
Q = Volumetric flow rate of stack gas, dscf/hr;
T = Total time during a run that a sample is withdrawn from the stack
during pushing, hr;
P = Total amount of coke pushed during the test run, tons; and
K = Conversion factor, 7,000 gr/lb.

[68 FR 18025, Apr. 14, 2003, as amended at 70 FR 44289, Aug. 2, 2005]

[[Page 113]]

Sec.63.7323 What procedures must I use to establish operating limits?

(a) For a venturi scrubber applied to pushing emissions from a coke
oven battery, you must establish site-specific operating limits for
pressure drop and scrubber water flow rate according to the procedures
in paragraphs (a)(1) and (2) of this section.
(1) Using the continuous parameter monitoring systems (CPMS)
required in Sec.63.7330(b), measure and record the pressure drop and
scrubber water flow rate for each particulate matter test run during
periods of pushing. A minimum of one pressure drop measurement and one
scrubber water flow rate measurement must be obtained for each push.
(2) Compute and record the average pressure drop and scrubber water
flow rate for each test run. Your operating limits are the lowest
average pressure drop and scrubber water flow rate values recorded
during any of the three runs that meet the applicable emission limit.
(b) For a hot water scrubber applied to pushing emissions from a
coke oven battery, you must establish site-specific operating limits for
water pressure and water temperature according to the procedures in
paragraphs (b)(1) and (2) of this section.
(1) Using the CPMS required in Sec.63.7330(c), measure and record
the hot water pressure and temperature for each particulate matter test
run during periods of pushing. A minimum of one pressure measurement and
one temperature measurement must be made just prior to each push by
monitoring the hot water holding tank on the mobile scrubber car.
(2) Compute and record the average water pressure and temperature
for each test run. Your operating limits are the lowest pressure and
temperature values recorded during any of the three runs that meet the
applicable emission limit.
(c) For a capture system applied to pushing emissions from a coke
oven battery, you must establish a site-specific operating limit
according to the procedures in paragraphs (c)(1), (2), or (3) of this
section.
(1) If you elect the operating limit in Sec.63.7290(b)(3) for
volumetric flow rate, measure and record the total volumetric flow rate
at the inlet of the control device during each push sampled for each
particulate matter test run. Your operating limit is the lowest
volumetric flow rate recorded during any of the three runs that meet the
emission limit.
(2) If you elect the operating limit in Sec.63.7290(b)(3)(i) for
fan motor amperes, measure and record the fan motor amperes during each
push sampled for each particulate matter test run. Your operating limit
is the lowest fan motor amperes recorded during any of the three runs
that meet the emission limit.
(3) If you elect the operating limit in Sec.63.7290(b)(3)(ii) for
static pressure or fan RPM, measure and record the static pressure at
the inlet of the control device or fan RPM during each push sampled for
each particulate matter test run. Your operating limit for static
pressure is the minimum vacuum recorded during any of the three runs
that meets the emission limit. Your operating limit for fan RPM is the
lowest fan RPM recorded during any of the three runs that meets the
emission limit.
(d) For a multicyclone applied to pushing emissions from a coke oven
battery, you must establish a site-specific operating limit for pressure
drop according to the procedures in paragraphs (d)(1) and (2) of this
section.
(1) Using the CPMS required in Sec.63.7330(f), measure and record
the pressure drop for each particulate matter test run during periods of
pushing. A minimum of one pressure drop measurement must be obtained for
each push.
(2) Compute and record the average pressure drop for each test run.
Your operating limit is the highest average pressure drop value recorded
during any of the three runs that meet the emission limit.
(e) You may change the operating limit for a venturi scrubber,
capture system, or mobile control device that captures emissions during
pushing if you meet the requirements in paragraphs (e)(1) through (3) of
this section.
(1) Submit a written notification to the Administrator of your
request to

[[Page 114]]

conduct a new performance test to revise the operating limit.
(2) Conduct a performance test to demonstrate that emissions of
particulate matter from the control device do not exceed the applicable
limit in Sec.63.7290(a).
(3) Establish revised operating limits according to the applicable
procedures in paragraphs (a) through (d) of this section.

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60818, Oct. 13, 2004]

Sec.63.7324 What procedures must I use to demonstrate initial
compliance with the opacity limits?

(a) You must conduct each performance test that applies to your
affected source according to the requirements in paragraph (b) of this
section.
(b) To determine compliance with the daily average opacity limit for
stacks of 15 percent for a by-product coke oven battery on a normal
coking cycle or 20 percent for a by-product coke oven battery on
batterywide extended coking, follow the test methods and procedures in
paragraphs (b)(1) through (3) of this section.
(1) Using the continuous opacity monitoring system (COMS) required
in Sec.63.7330(e), measure and record the opacity of emissions from
each battery stack for a 24-hour period.
(2) Reduce the monitoring data to hourly averages as specified in
Sec.63.8(g)(2).
(3) Compute and record the 24-hour (daily) average of the COMS data.

Sec.63.7325 What test methods and other procedures must I use
to demonstrate initial compliance with the TDS or constituent
limits for quench water?

(a) If you elect the TDS limit for quench water in Sec.
63.7295(a)(1)(i), you must conduct each performance test that applies to
your affected source according to the conditions in paragraphs (a)(1)
and (2) of this section.
(1) Take the quench water sample from a location that provides a
representative sample of the quench water as applied to the coke (e.g.,
from the header that feeds water to the quench tower reservoirs).
Conduct sampling under normal and representative operating conditions.
(2) Determine the TDS concentration of the sample using Method 160.1
in 40 CFR part 136.3 (see ``residue--filterable''), except that you must
dry the total filterable residue at 103 to 105 [deg]C (degrees
Centigrade) instead of 180 [deg]C.
(b) If at any time you elect to meet the alternative requirements
for quench water in Sec.63.7295(a)(1)(ii), you must establish a site-
specific constituent limit according to the procedures in paragraphs
(b)(1) through (4) of this section.
(1) Take a minimum of nine quench water samples from a location that
provides a representative sample of the quench water as applied to the
coke (e.g., from the header that feeds water to the quench tower
reservoirs). Conduct sampling under normal and representative operating
conditions.
(2) For each sample, determine the TDS concentration according to
the requirements in paragraph (a)(2) of this section and the
concentration of benzene, benzo(a)pyrene, and naphthalene using the
applicable methods in 40 CFR part 136 or an approved alternative method.
(3) Determine and record the highest sum of the concentrations of
benzene, benzo(a)pyrene, and naphthalene in any sample that has a TDS
concentration less than or equal to the TDS limit of 1,100 mg/L. This
concentration is the site-specific constituent limit.
(4) Submit the site-specific limit, sampling results, and all
supporting data and calculations to your permitting authority for review
and approval.
(c) If you elect the constituent limit for quench water in Sec.
63.7295(a)(1)(ii), you must conduct each performance test that applies
to your affected source according to the conditions in paragraphs (c)(1)
and (2) of this section.
(1) Take a quench water sample from a location that provides a
representative sample of the quench water as applied to the coke (e.g.,
from the header that feeds water to the quench tower reservoirs).
Conduct sampling under normal and representative operating conditions.
(2) Determine the sum of the concentration of benzene,
benzo(a)pyrene, and naphthalene in the sample using

[[Page 115]]

the applicable methods in 40 CFR part 136 or an approved alternative
method.

Sec.63.7326 How do I demonstrate initial compliance with the emission
limitations that apply to me?

(a) For each coke oven battery subject to the emission limit for
particulate matter from a control device applied to pushing emissions,
you have demonstrated initial compliance if you meet the requirements in
paragraphs (a)(1) through (4) of this section that apply to you.
(1) The concentration of particulate matter, measured in accordance
with the performance test procedures in Sec.63.7322(b)(1) and (2), did
not exceed 0.01 gr/dscf for a control device where a cokeside shed is
used to capture pushing emissions or the process-weighted mass rate of
particulate matter (lb/ton of coke), measured in accordance with the
performance test procedures in Sec.63.7322(b)(1) through (4), did not
exceed:
(i) 0.02 lb/ton of coke if a moveable hood vented to a stationary
control device is used to capture emissions;
(ii) If a mobile scrubber car that does not capture emissions during
travel is used, 0.03 lb/ton of coke from a control device applied to
pushing emissions from a short coke oven battery or 0.01 lb/ton of coke
from a control device applied to pushing emissions from a tall coke oven
battery; and
(iii) 0.04 lb/ton of coke if a mobile control device that captures
emissions during travel is used.
(2) For each venturi scrubber applied to pushing emissions, you have
established appropriate site-specific operating limits and have a record
of the pressure drop and scrubber water flow rate measured during the
performance test in accordance with Sec.63.7323(a).
(3) For each hot water scrubber applied to pushing emissions, you
have established appropriate site-specific operating limits and have a
record of the water pressure and temperature measured during the
performance test in accordance with Sec.63.7323(b).
(4) For each capture system applied to pushing emissions, you have
established an appropriate site-specific operating limit, and:
(i) If you elect the operating limit in Sec.63.7290(b)(3) for
volumetric flow rate, you have a record of the total volumetric flow
rate at the inlet of the control device measured during the performance
test in accordance with Sec.63.7323(c)(1); or
(ii) If you elect the operating limit in Sec.63.7290(b)(3)(i) for
fan motor amperes, you have a record of the fan motor amperes during the
performance test in accordance with Sec.63.7323(c)(2); or
(iii) If you elect the operating limit in Sec.63.7290(b)(3)(ii)
for static pressure or fan RPM, you have a record of the static pressure
at the inlet of the control device or fan RPM measured during the
performance test in accordance with Sec.63.7323(c)(3).
(5) For each multicyclone applied to pushing emissions, you have
established an appropriate site-specific operating limit and have a
record of the pressure drop measured during the performance test in
accordance with Sec.63.7323(d).
(b) For each new or existing by-product coke oven battery subject to
the opacity limit for stacks in Sec.63.7296(a), you have demonstrated
initial compliance if the daily average opacity, as measured according
to the performance test procedures in Sec.63.7324(b), is no more than
15 percent for a battery on a normal coking cycle or 20 percent for a
battery on batterywide extended coking.
(c) For each new or existing by-product coke oven battery subject to
the TDS limit or constituent limits for quench water in Sec.
63.7295(a)(1),
(1) You have demonstrated initial compliance with the TDS limit in
Sec.63.7295(a)(1)(i) if the TDS concentration, as measured according
to the performance test procedures in Sec.63.7325(a), does not exceed
1,100 mg/L.
(2) You have demonstrated initial compliance with the constituent
limit in Sec.63.7295(a)(1)(ii) if:
(i) You have established a site-specific constituent limit according
to the procedures in Sec.63.7325(b); and
(ii) The sum of the constituent concentrations, as measured
according to the performance test procedures in Sec.63.7325(c), is
less than or equal to the site-specific limit.

[[Page 116]]

(d) For each by-product coke oven battery stack subject to an
opacity limit in Sec.63.7296(a) and each by-product coke oven battery
subject to the requirements for quench water in Sec.63.7295(a)(1), you
must submit a notification of compliance status containing the results
of the COMS performance test for battery stacks and the quench water
performance test (TDS or constituent limit) according to Sec.
63.7340(e)(1). For each particulate matter emission limitation that
applies to you, you must submit a notification of compliance status
containing the results of the performance test according to Sec.
63.7340(e)(2).

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60819, Oct. 13, 2004]

Sec.63.7327 How do I demonstrate initial compliance with the work
practice standards that apply to me?

(a) For each by-product coke oven battery with vertical flues
subject to the work practice standards for fugitive pushing emissions in
Sec.63.7291(a), you have demonstrated initial compliance if you
certify in your notification of compliance status that you will meet
each of the work practice requirements beginning no later than the
compliance date that is specified in Sec.63.7283.
(b) For each by-product coke oven battery with horizontal flues
subject to the work practice standards for fugitive pushing emissions in
Sec.63.7292(a), you have demonstrated initial compliance if you have
met the requirements of paragraphs (b)(1) and (2) of this section:
(1) You have prepared and submitted a written plan and supporting
documentation establishing appropriate minimum flue temperatures for
different coking times and the lowest acceptable temperature to the
Administrator (or delegated authority) for review and approval; and
(2) You certify in your notification of compliance status that you
will meet each of the work practice requirements beginning no later than
the compliance date that is specified in Sec.63.7283.
(c) For each non-recovery coke oven battery subject to the work
practice standards for fugitive pushing emissions in Sec.63.7293(a),
you have demonstrated initial compliance if you certify in your
notification of compliance status that you will meet each of the work
practice requirements beginning no later than the compliance date that
is specified in Sec.63.7283.
(d) For each by-product coke oven battery subject to the work
practice standards for soaking in Sec.63.7294, you have demonstrated
initial compliance if you have met the requirements of paragraphs (d)(1)
and (2) of this section:
(1) You have prepared and submitted a written work practice plan in
accordance with Sec.63.7294(a); and
(2) You certify in your notification of compliance status that you
will meet each of the work practice requirements beginning no later than
the compliance date that is specified in Sec.63.7283.
(e) For each coke oven battery, you have demonstrated initial
compliance with the work practice standards for quenching in Sec.
63.7295(b) if you certify in your notification of compliance status that
you have met the requirements of paragraphs (e)(1) and (2) of this
section:
(1) You have installed the required equipment in each quench tower;
and
(2) You will meet each of the work practice requirements beginning
no later than the compliance date that is specified in Sec.63.7283.
(f) For each work practice standard that applies to you, you must
submit a notification of compliance status according to the requirements
in Sec.63.7340(e)(1).

Sec.63.7328 How do I demonstrate initial compliance with the
operation and maintenance requirements that apply to me?

You have demonstrated initial compliance if you certify in your
notification of compliance status that you have met the requirements of
paragraphs (a) through (d) of this section:
(a) You have prepared the operation and maintenance plans according
to the requirements in Sec.63.7300(b) and (c);
(b) You will operate each by-product coke oven battery and each
capture system and control device applied to pushing emissions from a
coke oven battery according to the procedures in the plans beginning no
later than the

[[Page 117]]

compliance date that is specified in Sec.63.7283;
(c) You have prepared a site-specific monitoring plan according to
the requirements in Sec.63.7331(b); and
(d) You submit a notification of compliance status according to the
requirements in Sec.63.7340(e).

Continuous Compliance Requirements

Sec.63.7330 What are my monitoring requirements?

(a) For each baghouse applied to pushing emissions from a coke oven
battery, you must at all times monitor the relative change in
particulate matter loadings using a bag leak detection system according
to the requirements in Sec.63.7331(a) and conduct inspections at their
specified frequency according to the requirements in paragraphs (a)(1)
through (8) of this section.
(1) Monitor the pressure drop across each baghouse cell each day to
ensure pressure drop is within the normal operating range identified in
the manual;
(2) Confirm that dust is being removed from hoppers through weekly
visual inspections or equivalent means of ensuring the proper
functioning of removal mechanisms;
(3) Check the compressed air supply for pulse-jet baghouses each
day;
(4) Monitor cleaning cycles to ensure proper operation using an
appropriate methodology;
(5) Check bag cleaning mechanisms for proper functioning through
monthly visual inspection or equivalent means;
(6) Make monthly visual checks of bag tension on reverse air and
shaker-type baghouses to ensure that bags are not kinked (kneed or bent)
or laying on their sides. You do not have to make this check for shaker-
type baghouses using self-tensioning (spring-loaded) devices;
(7) Confirm the physical integrity of the baghouse through quarterly
visual inspections of the baghouse interior for air leaks; and
(8) Inspect fans for wear, material buildup, and corrosion through
quarterly visual inspections, vibration detectors, or equivalent means.
(b) For each venturi scrubber applied to pushing emissions, you must
at all times monitor the pressure drop and water flow rate using a CPMS
according to the requirements in Sec.63.7331(e).
(c) For each hot water scrubber applied to pushing emissions, you
must at all times monitor the water pressure and temperature using a
CPMS according to the requirements in Sec.63.7331(f).
(d) For each capture system applied to pushing emissions, you must
at all times monitor the volumetric flow rate according to the
requirements in Sec.63.7331(g), the fan motor amperes according to the
requirements in Sec.63.7331(h), or the static pressure or the fan RPM
according to the requirements in Sec.63.7331(i).
(e) For each by-product coke oven battery, you must monitor at all
times the opacity of emissions exiting each stack using a COMS according
to the requirements in Sec.63.7331(j).
(f) For each multicyclone applied to pushing emissions, you must
monitor at all times the pressure drop using a CPMS according to the
requirements in Sec.63.7331(k).

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60819, Oct. 13, 2004]

Sec.63.7331 What are the installation, operation, and maintenance
requirements for my monitors?

(a) For each baghouse applied to pushing emissions, you must
install, operate, and maintain each bag leak detection system according
to the requirements in paragraphs (a)(1) through (7) of this section.
(1) The system must be certified by the manufacturer to be capable
of detecting emissions of particulate matter at concentrations of 10
milligrams per actual cubic meter (0.0044 grains per actual cubic foot)
or less;
(2) The system must provide output of relative changes in
particulate matter loadings;
(3) The system must be equipped with an alarm that will sound when
an increase in relative particulate loadings is detected over a preset
level. The alarm must be located such that it can be heard by the
appropriate plant personnel;
(4) Each system that works based on the triboelectric effect must be
installed, operated, and maintained in a manner consistent with the
guidance

[[Page 118]]

document, ``Fabric Filter Bag Leak Detection Guidance'' (EPA-454/R-98-
015, September 1997). You may install, operate, and maintain other types
of bag leak detection systems in a manner consistent with the
manufacturer's written specifications and recommendations;
(5) To make the initial adjustment of the system, establish the
baseline output by adjusting the sensitivity (range) and the averaging
period of the device. Then, establish the alarm set points and the alarm
delay time;
(6) Following the initial adjustment, do not adjust the sensitivity
or range, averaging period, alarm set points, or alarm delay time,
except as detailed in your operation and maintenance plan. Do not
increase the sensitivity by more than 100 percent or decrease the
sensitivity by more than 50 percent over a 365-day period unless a
responsible official certifies, in writing, that the baghouse has been
inspected and found to be in good operating condition; and
(7) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
(b) For each CPMS required in Sec.63.7330, you must develop and
make available for inspection upon request by the permitting authority a
site-specific monitoring plan that addresses the requirements in
paragraphs (b)(1) through (6) of this section.
(1) Installation of the CPMS sampling probe or other interface at a
measurement location relative to each affected process unit such that
the measurement is representative of control of the exhaust emissions
(e.g., on or downstream of the last control device);
(2) Performance and equipment specifications for the sample
interface, the parametric signal analyzer, and the data collection and
reduction system;
(3) Performance evaluation procedures and acceptance criteria (e.g.,
calibrations);
(4) Ongoing operation and maintenance procedures in accordance with
the general requirements of Sec. Sec.63.8(c)(1), (3), (4)(ii), (7),
and (8);
(5) Ongoing data quality assurance procedures in accordance with the
general requirements of Sec.63.8(d); and
(6) Ongoing recordkeeping and reporting procedures in accordance the
general requirements of Sec. Sec.63.10(c), (e)(1), and (e)(2)(i).
(c) You must conduct a performance evaluation of each CPMS in
accordance with your site-specific monitoring plan.
(d) You must operate and maintain the CPMS in continuous operation
according to the site-specific monitoring plan.
(e) For each venturi scrubber applied to pushing emissions, you must
install, operate, and maintain CPMS to measure and record the pressure
drop across the scrubber and scrubber water flow rate during each push
according to the requirements in paragraphs (b) through (d) of this
section except as specified in paragraphs (e)(1) through (3) of this
section.
(1) Each CPMS must complete a measurement at least once per push;
(2) Each CPMS must produce valid data for all pushes; and
(3) Each CPMS must determine and record the daily (24-hour) average
of all recorded readings.
(f) For each hot water scrubber applied to pushing emissions, you
must install, operate, and maintain CPMS to measure and record the water
pressure and temperature during each push according to the requirements
in paragraphs (b) through (d) of this section, except as specified in
paragraphs (e)(1) through (3) of this section.
(g) If you elect the operating limit in Sec.63.7290(b)(3) for a
capture system applied to pushing emissions, you must install, operate,
and maintain a device to measure the total volumetric flow rate at the
inlet of the control device.
(h) If you elect the operating limit in Sec.63.7290(b)(3)(i) for a
capture system applied to pushing emissions, you must install, operate,
and maintain a device to measure the fan motor amperes.
(i) If you elect the operating limit in Sec.63.7290(b)(3)(ii) for
a capture system applied to pushing emissions, you must install, operate
and maintain a device to measure static pressure at the inlet of the
control device or the fan RPM.
(j) For each by-product coke oven battery, you must install,
operate, and maintain a COMS to measure and record the opacity of
emissions exiting

[[Page 119]]

each stack according to the requirements in paragraphs (j)(1) through
(5) of this section.
(1) You must install, operate, and maintain each COMS according to
the requirements in Sec.63.8(e) and Performance Specification 1 in 40
CFR part 60, appendix B. Identify periods the COMS is out-of-control,
including any periods that the COMS fails to pass a daily calibration
drift assessment, quarterly performance audit, or annual zero alignment
audit.
(2) You must conduct a performance evaluation of each COMS according
to the requirements in Sec.63.8 and Performance Specification 1 in
appendix B to 40 CFR part 60;
(3) You must develop and implement a quality control program for
operating and maintaining each COMS according to the requirements in
Sec.63.8(d). At minimum, the quality control program must include a
daily calibration drift assessment, quarterly performance audit, and an
annual zero alignment audit of each COMS;
(4) Each COMS must complete a minimum of one cycle of sampling and
analyzing for each successive 10-second period and one cycle of data
recording for each successive 6-minute period. You must reduce the COMS
data as specified in Sec.63.8(g)(2).
(5) You must determine and record the hourly and daily (24-hour)
average opacity according to the procedures in Sec.63.7324(b) using
all the 6-minute averages collected for periods during which the COMS is
not out-of-control.
(k) For each multicyclone applied to pushing emissions, you must
install, operate, and maintain CPMS to measure and record the pressure
drop across each multicyclone during each push according to the
requirements in paragraphs (b) through (d) of this section except as
specified in paragraphs (e)(1) through (3) of this section.

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60819, Oct. 13, 2004]

Sec.63.7332 How do I monitor and collect data to demonstrate
continuous compliance?

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

Sec.63.7333 How do I demonstrate continuous compliance with the
emission limitations that apply to me?

(a) For each control device applied to pushing emissions and subject
to the emission limit in Sec.63.7290(a), you must demonstrate
continuous compliance by meeting the requirements in paragraphs (a)(1)
and (2) of this section:
(1) Maintaining emissions of particulate matter at or below the
applicable limits in paragraphs Sec.63.7290(a)(1) through (4); and
(2) Conducting subsequent performance tests to demonstrate
continuous compliance no less frequently than twice during each term of
your title V operating permit (at mid-term and renewal).
(b) For each venturi scrubber applied to pushing emissions and
subject to the operating limits in Sec.63.7290(b)(1), you must
demonstrate continuous compliance by meeting the requirements in
paragraphs (b)(1) through (3) of this section.
(1) Maintaining the daily average pressure drop and scrubber water
flow rate at levels no lower than those established during the initial
or subsequent performance test.
(2) Operating and maintaining each CPMS according to Sec.
63.7331(b) and recording all information needed to document conformance
with these requirements.

[[Page 120]]

(3) Collecting and reducing monitoring data for pressure drop and
scrubber water flow rate according to Sec.63.7331(e)(1) through (3).
(c) For each hot water scrubber applied to pushing emissions and
subject to the operating limits in Sec.63.7290(b)(2), you must
demonstrate continuous compliance by meeting the requirements in
paragraphs (c)(1) through (3) of this section.
(1) Maintaining the daily average water pressure and temperature at
levels no lower than those established during the initial or subsequent
performance test.
(2) Operating and maintaining each CPMS according to Sec.
63.7331(b) and recording all information needed to document conformance
with these requirements.
(3) Collecting and reducing monitoring data for water pressure and
temperature according to Sec.63.7331(f).
(d) For each capture system applied to pushing emissions and subject
to the operating limit in Sec.63.7290(b)(3), you must demonstrate
continuous compliance by meeting the requirements in paragraph (d)(1),
(2), or (3) of this section:
(1) If you elect the operating limit for volumetric flow rate in
Sec.63.7290(b)(3):
(i) Maintaining the daily average volumetric flow rate at the inlet
of the control device at or above the minimum level established during
the initial or subsequent performance test; and
(ii) Checking the volumetric flow rate at least every 8 hours to
verify the daily average is at or above the minimum level established
during the initial or subsequent performance test and recording the
results of each check.
(2) If you elect the operating limit for fan motor amperes in Sec.
63.7290(b)(3)(i):
(i) Maintaining the daily average fan motor amperages at or above
the minimum level established during the initial or subsequent
performance test; and
(ii) Checking the fan motor amperage at least every 8 hours to
verify the daily average is at or above the minimum level established
during the initial or subsequent performance test and recording the
results of each check.
(3) If you elect the operating limit for static pressure or fan RPM
in Sec.63.7290(b)(3)(ii):
(i) Maintaining the daily average static pressure at the inlet to
the control device at an equal or greater vacuum than established during
the initial or subsequent performance test or the daily average fan RPM
at or above the minimum level established during the initial or
subsequent performance test; and
(ii) Checking the static pressure or fan RPM at least every 8 hours
to verify the daily average static pressure at the inlet to the control
device is at an equal or greater vacuum than established during the
initial or subsequent performance test or the daily average fan RPM is
at or above the minimum level established during the initial or
subsequent performance test and recording the results of each check.
(e) Beginning on the first day compliance is required under Sec.
63.7283, you must demonstrate continuous compliance for each by-product
coke oven battery subject to the opacity limit for stacks in Sec.
63.7296(a) by meeting the requirements in paragraphs (e)(1) and (2) of
this section:
(1) Maintaining the daily average opacity at or below 15 percent for
a battery on a normal coking cycle or 20 percent for a battery on
batterywide extended coking; and
(2) Operating and maintaining a COMS and collecting and reducing the
COMS data according to Sec.63.7331(j).
(f) Beginning on the first day compliance is required under Sec.
63.7283, you must demonstrate continuous compliance with the TDS limit
for quenching in Sec.63.7295(a)(1)(i) by meeting the requirements in
paragraphs (f)(1) and (2) of this section:
(1) Maintaining the TDS content of the water used to quench hot coke
at 1,100 mg/L or less; and
(2) Determining the TDS content of the quench water at least weekly
according to the requirements in Sec.63.7325(a) and recording the
sample results.
(g) Beginning on the first day compliance is required under Sec.
63.7283, you

[[Page 121]]

must demonstrate continuous compliance with the constituent limit for
quenching in Sec.63.7295(a)(1)(ii) by meeting the requirements in
paragraphs (g)(1) and (2) of this section:
(1) Maintaining the sum of the concentrations of benzene,
benzo(a)pyrene, and naphthalene in the water used to quench hot coke at
levels less than or equal to the site-specific limit approved by the
permitting authority; and
(2) Determining the sum of the constituent concentrations at least
monthly according to the requirements in Sec.63.7325(c) and recording
the sample results.
(h) For each multicyclone applied to pushing emissions and subject
to the operating limit in Sec.63.7290(b)(4), you must demonstrate
compliance by meeting the requirements in paragraphs (h)(1) through (3)
of this section.
(1) Maintaining the daily average pressure drop at a level at or
below the level established during the initial or subsequent performance
test.
(2) Operating and maintaining each CPMS according to Sec.
63.7331(k) and recording all information needed to document conformance
with these requirements.
(3) Collecting and reducing monitoring data for pressure drop
according to Sec.63.7331(e)(1) through (3).

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60819, Oct. 13, 2004]

Sec.63.7334 How do I demonstrate continuous compliance with the
work practice standards that apply to me?

(a) For each by-product coke oven battery with vertical flues
subject to the work practice standards for fugitive pushing emissions in
Sec.63.7291(a), you must demonstrate continuous compliance according
to the requirements of paragraphs (a)(1) through (8) of this section:
(1) Observe and record the opacity of fugitive emissions for four
consecutive pushes per operating day, except you may make fewer or non-
consecutive observations as permitted by Sec.63.7291(a)(3). Maintain
records of the pushing schedule for each oven and records indicating the
legitimate operational reason for any change in the pushing schedule
according to Sec.63.7291(a)(4).
(2) Observe and record the opacity of fugitive emissions from each
oven in a battery at least once every 90 days. If an oven cannot be
observed during a 90-day period, observe and record the opacity of the
first push of that oven following the close of the 90-day period that
can be read in accordance with the procedures in paragraphs (a)(1)
through (8) of this section.
(3) Make all observations and calculations for opacity observations
of fugitive pushing emissions in accordance with Method 9 in appendix A
to 40 CFR part 60 using a Method 9 certified observer unless you have an
approved alternative procedure under paragraph (a)(7) of this section.
(4) Record pushing opacity observations at 15-second intervals as
required in section 2.4 of Method 9 (appendix A to 40 CFR part 60). The
requirement in section 2.4 of Method 9 for a minimum of 24 observations
does not apply, and the data reduction requirements in section 2.5 of
Method 9 do not apply. The requirement in Sec.63.6(h)(5)(ii)(B) for
obtaining at least 3 hours of observations (thirty 6-minute averages) to
demonstrate initial compliance does not apply.
(5) If fewer than six but at least four 15-second observations can
be made, use the average of the total number of observations to
calculate average opacity for the push. Missing one or more observations
during the push (e.g., as the quench car passes behind a building) does
not invalidate the observations before or after the interference for
that push. However, a minimum of four 15-second readings must be made
for a valid observation.
(6) Begin observations for a push at the first detectable movement
of the coke mass. End observations of a push when the quench car enters
the quench tower.
(i) For a battery without a cokeside shed, observe fugitive pushing
emissions from a position at least 10 meters from the quench car that
provides an unobstructed view and avoids interferences from the topside
of the battery. This may require the observer to be positioned at an
angle to the quench car rather than perpendicular to it.

[[Page 122]]

Typical interferences to avoid include emissions from open standpipes
and charging. Observe the opacity of emissions above the battery top
with the sky as the background where possible. Record the oven number of
any push not observed because of obstructions or interferences.
(ii) For a battery with a cokeside shed, the observer must be in a
position that provides an unobstructed view and avoids interferences
from the topside of the battery. Typical interferences to avoid include
emissions from open standpipes and charging. Observations must include
any fugitive emissions that escape from the top of the shed, from the
ends of the shed, or from the area where the shed is joined to the
battery. If the observer does not have a clear view to identify when a
push starts or ends, a second person can be positioned to signal the
start or end of the push and notify the observer when to start or end
the observations. Radio communications with other plant personnel (e.g.,
pushing ram operator or quench car operator) may also serve to notify
the observer of the start or end of a push. Record the oven number of
any push not observed because of obstructions or interferences.
(iii) You may reposition after the push to observe emissions during
travel if necessary.
(7) If it is infeasible to implement the procedures in paragraphs
(a)(1) through (6) of this section for an oven due to physical
obstructions, nighttime pushes, or other reasons, you may apply to your
permitting authority for permission to use an alternative procedure. The
application must provide a detailed explanation of why it is infeasible
to use the procedures in paragraphs (a)(1) through (6) of this section,
identify the oven and battery numbers, and describe the alternative
procedure. An alternative procedure must identify whether the coke in
that oven is not completely coked, either before, during, or after an
oven is pushed.
(8) For each oven observed that exceeds an opacity of 30 percent for
any short battery or 35 percent for any tall battery, you must take
corrective action and/or increase the coking time in accordance with
Sec.63.7291(a). Maintain records documenting conformance with the
requirements in Sec.63.7291(a).
(b) For each by-product coke oven battery with horizontal flues
subject to the work practice standards for fugitive pushing emissions in
Sec.63.7292(a), you must demonstrate continuous compliance by having
met the requirements of paragraphs (b)(1) through (3) of this section:
(1) Measuring and recording the temperature of all flues on two
ovens per day within 2 hours before the oven's scheduled pushing time
and ensuring that the temperature of each oven is measured and recorded
at least once every month;
(2) Recording the time each oven is charged and pushed and
calculating and recording the net coking time for each oven; and
(3) Increasing the coking time for each oven that falls below the
minimum flue temperature trigger established for that oven's coking time
in the written plan required in Sec.63.7292(a)(1), assigning the oven
to the oven-directed program, and recording all relevant information
according to the requirements in Sec.63.7292(a)(4) including, but not
limited to, daily pushing schedules, diagnostic procedures, corrective
actions, and oven repairs.
(c) For each non-recovery coke oven battery subject to the work
practice standards in Sec.63.7293(a), you must demonstrate continuous
compliance by maintaining records that document each visual inspection
of an oven prior to pushing and that the oven was not pushed unless
there was no smoke in the open space above the coke bed and there was an
unobstructed view of the door on the opposite side of the oven.
(d) For each by-product coke oven battery subject to the work
practice standard for soaking in Sec.63.7294(a), you must demonstrate
continuous compliance by maintaining records that document conformance
with requirements in Sec.63.7294(a)(1) through (5).
(e) For each coke oven battery subject to the work practice standard
for quenching in Sec.63.7295(b), you must demonstrate continuous
compliance according to the requirements of paragraphs (e)(1) through
(3) of this section:
(1) Maintaining baffles in each quench tower such that no more than
5

[[Page 123]]

percent of the cross-sectional area of the tower is uncovered or open to
the sky as required in Sec.63.7295(b)(1);
(2) Maintaining records that document conformance with the washing,
inspection, and repair requirements in Sec.63.7295(b)(2), including
records of the ambient temperature on any day that the baffles were not
washed; and
(3) Maintaining records of the source of makeup water to document
conformance with the requirement for acceptable makeup water in Sec.
63.7295(a)(2).

Sec.63.7335 How do I demonstrate continuous compliance with the
operation and maintenance requirements that apply to me?

(a) For each by-product coke oven battery, you must demonstrate
continuous compliance with the operation and maintenance requirements in
Sec.63.7300(b) by adhering at all times to the plan requirements and
recording all information needed to document conformance.
(b) For each coke oven battery with a capture system or control
device applied to pushing emissions, you must demonstrate continuous
compliance with the operation and maintenance requirements in Sec.
63.7300(c) by meeting the requirements of paragraphs (b)(1) through (3)
of this section:
(1) Making monthly inspections of capture systems according to Sec.
63.7300(c)(1) and recording all information needed to document
conformance with these requirements;
(2) Performing preventative maintenance for each control device
according to Sec.63.7300(c)(2) and recording all information needed to
document conformance with these requirements; and
(3) Initiating and completing corrective action for a bag leak
detection system alarm according to Sec.63.7300(c)(3) and recording
all information needed to document conformance with these requirements.
This includes records of the times the bag leak detection system alarm
sounds, and for each valid alarm, the time you initiated corrective
action, the corrective action(s) taken, and the date on which corrective
action is completed.
(c) To demonstrate continuous compliance with the operation and
maintenance requirements for a baghouse applied to pushing emissions
from a coke oven battery in Sec.63.7331(a), you must inspect and
maintain each baghouse according to the requirements in Sec.
63.7331(a)(1) through (8) and record all information needed to document
conformance with these requirements. If you increase or decrease the
sensitivity of the bag leak detection system beyond the limits specified
in Sec.63.7331(a)(6), you must include a copy of the required written
certification by a responsible official in the next semiannual
compliance report.
(d) You must maintain a current copy of the operation and
maintenance plans required in Sec.63.7300(b) and (c) onsite and
available for inspection upon request. You must keep the plans for the
life of the affected source or until the affected source is no longer
subject to the requirements of this subpart.

Sec.63.7336 What other requirements must I meet to demonstrate
continuous compliance?

(a) Deviations. You must report each instance in which you did not
meet each emission limitation in this subpart that applies to you. This
includes periods of startup, shutdown, and malfunction. You must also
report each instance in which you did not meet each work practice
standard or operation and maintenance requirement in this subpart that
applies to you. These instances are deviations from the emission
limitations (including operating limits), work practice standards, and
operation and maintenance requirements in this subpart. These deviations
must be reported according to the requirements in Sec.63.7341.
(b) Startup, shutdowns, and malfunctions. (1) Consistent with
Sec. Sec.63.6(e) and 63.7(e)(1), deviations that occur during a period
of startup, shutdown, or malfunction are not violations if you
demonstrate to the Administrator's satisfaction that you were operating
in accordance with Sec.63.6(e)(1).
(2) The Administrator will determine whether deviations that occur
during a period of startup, shutdown, or malfunction are violations,
according to the provisions in Sec.63.6(e).

[68 FR 18025, Apr. 14, 2003, as amended at 71 FR 20467, Apr. 20, 2006]

[[Page 124]]

Notification, Reports, and Records

Sec.63.7340 What notifications must I submit and when?

(a) You must submit all of the notifications in Sec. Sec.
63.6(h)(4) and (5), 63.7(b) and (c), 63.8(e) and (f)(4), and 63.9(b)
through (h) that apply to you by the specified dates.
(b) As specified in Sec.63.9(b)(2), if you startup your affected
source before April 14, 2003, you must submit your initial notification
no later than August 12, 2003.
(c) As specified in Sec.63.9(b)(3), if you startup your new
affected source on or after April 14, 2003, you must submit your initial
notification no later than 120 calendar days after you become subject to
this subpart.
(d) If you are required to conduct a performance test, you must
submit a notification of intent to conduct a performance test at least
60 calendar days before the performance test is scheduled to begin as
required in Sec.63.7(b)(1).
(e) If you are required to conduct a performance test, opacity
observation, or other initial compliance demonstration, you must submit
a notification of compliance status according to Sec.63.9(h)(2)(ii).
(1) For each initial compliance demonstration that does not include
a performance test, you must submit the notification of compliance
status before the close of business on the 30th calendar day following
the completion of the initial compliance demonstration.
(2) For each initial compliance demonstration that does include a
performance test, you must submit the notification of compliance status,
including the performance test results, before the close of business on
the 60th calendar day following completion of the performance test
according to Sec.63.10(d)(2).
(f) For each by-product coke oven battery with horizontal flues, you
must notify the Administrator (or delegated authority) of the date on
which the study of flue temperatures required by Sec.63.7292(a)(3)
will be initiated. You must submit this notification no later than 7
days prior to the date you initiate the study.

Sec.63.7341 What reports must I submit and when?

(a) Compliance report due dates. Unless the Administrator has
approved a different schedule, you must submit quarterly compliance
reports for battery stacks and semiannual compliance reports for all
other affected sources to your permitting authority according to the
requirements in paragraphs (a)(1) through (4) of this section.
(1) The first quarterly compliance report for battery stacks must
cover the period beginning on the compliance date that is specified for
your affected source in Sec.63.7283 and ending on the last date of the
third calendar month. Each subsequent compliance report must cover the
next calendar quarter.
(2) The first semiannual compliance report must cover the period
beginning on the compliance date that is specified for your affected
source in Sec.63.7283 and ending on June 30 or December 31, whichever
date comes first after the compliance date that is specified for your
affected source. Each subsequent compliance report must cover the
semiannual reporting period from January 1 through June 30 or the
semiannual reporting period from July 1 through December 31.
(3) All quarterly compliance reports for battery stacks must be
postmarked or delivered no later than one calendar month following the
end of the quarterly reporting period. All semiannual compliance reports
must be postmarked or delivered no later than July 31 or January 31,
whichever date is the first date following the end of the semiannual
reporting period.
(4) For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the
permitting authority has established dates for submitting semiannual
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance
reports according to the dates the permitting authority has established
instead of according to the dates in paragraphs (a)(1) through (3) of
this section.
(b) Quarterly compliance report contents. Each quarterly report must
provide information on compliance with the emission limitations for
battery

[[Page 125]]

stacks in Sec.63.7296. The reports must include the information in
paragraphs (c)(1) through (3), and as applicable, paragraphs (c)(4)
through (8) of this section.
(c) Semiannual compliance report contents. Each compliance report
must provide information on compliance with the emission limitations,
work practice standards, and operation and maintenance requirements for
all affected sources except battery stacks. The reports must include the
information in paragraphs (c)(1) through (3) of this section, and as
applicable, paragraphs (c)(4) through (8) of this section.
(1) Company name and address.
(2) Statement by a responsible official, with the official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
(3) Date of report and beginning and ending dates of the reporting
period.
(4) If you had a startup, shutdown, or malfunction during the
reporting period and you took actions consistent with your startup,
shutdown, and malfunction plan, the compliance report must include the
information in Sec.63.10(d)(5)(i).
(5) If there were no deviations from the continuous compliance
requirements in Sec.63.7333(e) for battery stacks, a statement that
there were no deviations from the emission limitations during the
reporting period. If there were no deviations from the continuous
compliance requirements in Sec. Sec.63.7333 through 63.7335 that apply
to you (for all affected sources other than battery stacks), a statement
that there were no deviations from the emission limitations, work
practice standards, or operation and maintenance requirements during the
reporting period.
(6) If there were no periods during which a continuous monitoring
system (including COMS, continuous emission monitoring system (CEMS), or
CPMS) was out-of-control as specified in Sec.63.8(c)(7), a statement
that there were no periods during which a continuous monitoring system
was out-of-control during the reporting period.
(7) For each deviation from an emission limitation in this subpart
(including quench water limits) and for each deviation from the
requirements for work practice standards in this subpart that occurs at
an affected source where you are not using a continuous monitoring
system (including a COMS, CEMS, or CPMS) to comply with the emission
limitations in this subpart, the compliance report must contain the
information in paragraphs (c)(4) and (7)(i) and (ii) of this section.
This includes periods of startup, shutdown, and malfunction.
(i) The total operating time of each affected source during the
reporting period.
(ii) Information on the number, duration, and cause of deviations
(including unknown cause, if applicable) as applicable and the
corrective action taken.
(8) For each deviation from an emission limitation occurring at an
affected source where you are using a continuous monitoring system
(including COMS, CEMS, or CPMS) to comply with the emission limitation
in this subpart, you must include the information in paragraphs (c)(4)
and (8)(i) through (xii) of this section. This includes periods of
startup, shutdown, and malfunction.
(i) The date and time that each malfunction started and stopped.
(ii) The date and time that each continuous monitoring system
(including COMS, CEMS, or CPMS) was inoperative, except for zero (low-
level) and high-level checks.
(iii) The date, time, and duration that each continuous monitoring
system (including COMS, CEMS, or CPMS) was out-of-control, including the
information in Sec.63.8(c)(8).
(iv) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of startup, shutdown, or
malfunction or during another period.
(v) A summary of the total duration of the deviation during the
reporting period and the total duration as a percent of the total source
operating time during that reporting period.
(vi) A breakdown of the total duration of the deviations during the
reporting period into those that are due to startup, shutdown, control
equipment problems, process problems, other known causes, and other
unknown causes.

[[Page 126]]

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

Sec.63.7342 What records must I keep?

(a) You must keep the records specified in paragraphs (a)(1) through
(3) of this section.
(1) A copy of each notification and report that you submitted to
comply with this subpart, including all documentation supporting any
initial notification or notification of compliance status that you
submitted, according to the requirements in Sec.63.10(b)(2)(xiv).
(2) The records in Sec.63.6(e)(3)(iii) through (v) related to
startup, shutdown, and malfunction.
(3) Records of performance tests, performance evaluations, and
opacity observations as required in Sec.63.10(b)(2)(viii).
(b) For each COMS or CEMS, you must keep the records specified in
paragraphs (b)(1) through (4) of this section.
(1) Records described in Sec.63.10(b)(2)(vi) through (xi).
(2) Monitoring data for COMS during a performance evaluation as
required in Sec.63.6(h)(7)(i) and (ii).
(3) Previous (that is, superceded) versions of the performance
evaluation plan as required in Sec.63.8(d)(3).
(4) Records of the date and time that each deviation started and
stopped, and whether the deviation occurred during a period of startup,
shutdown, or malfunction or during another period.
(c) You must keep the records in Sec.63.6(h)(6) for visual
observations.
(d) You must keep the records required in Sec. Sec.63.7333 through
63.7335 to show continuous compliance with each emission limitation,
work practice standard, and operation and maintenance requirement that
applies to you.

Sec.63.7343 In what form and how long must I keep my records?

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

[[Page 127]]

record, according to Sec.63.10(b)(1). You can keep the records offsite
for the remaining 3 years.

Other Requirements and Information

Sec.63.7350 What parts of the General Provisions apply to me?

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

Sec.63.7351 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by us, the United
States Environmental Protection Agency (U.S. EPA), or a delegated
authority such as your State, local, or tribal agency. If the U.S. EPA
Administrator has delegated authority to your State, local, or tribal
agency, then that agency has the authority to implement and enforce this
subpart. You should contact your U.S. EPA Regional Office to find out if
this subpart is delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of the U.S. EPA and are not transferred to
the State, local, or tribal agency.
(c) The authorities in paragraphs (c)(1) through (6) of this section
will not be delegated to State, local, or tribal agencies.
(1) Approval of alternatives to work practice standards for fugitive
pushing emissions in Sec.63.7291(a) for a by-product coke oven battery
with vertical flues, fugitive pushing emissions in Sec.63.7292(a) for
a by-product coke oven battery with horizontal flues, fugitive pushing
emissions in Sec.63.7293 for a non-recovery coke oven battery, soaking
for a by-product coke oven battery in Sec.63.7294(a), and quenching
for a coke oven battery in Sec.63.7295(b) under Sec.63.6(g).
(2) Approval of alternative opacity emission limitations for a by-
product coke oven battery under Sec.63.6(h)(9).
(3) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec.63.90, except for
alternative procedures in Sec.63.7334(a)(7).
(4) Approval of major alternatives to monitoring under Sec.63.8(f)
and as defined in Sec.63.90.
(5) Approval of major alternatives to recordkeeping and reporting
under Sec.63.10(f) and as defined in Sec.63.90.
(6) Approval of the work practice plan for by-product coke oven
batteries with horizontal flues submitted under Sec.63.7292(a)(1).

Sec.63.7352 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act (CAA),
in Sec.63.2, and in this section as follows:
Acceptable makeup water means surface water from a river, lake, or
stream; water meeting drinking water standards; storm water runoff and
production area clean up water except for water from the by-product
recovery plant area; process wastewater treated to meet effluent
limitations guidelines in 40 CFR part 420; water from any of these
sources that has been used only for non-contact cooling or in water
seals; or water from scrubbers used to control pushing emissions.
Backup quench station means a quenching device that is used for less
than 5 percent of the quenches from any single coke oven battery in the
12-month period from July 1 to June 30.
Baffles means an apparatus comprised of obstructions for checking or
deflecting the flow of gases. Baffles are installed in a quench tower to
remove droplets of water and particles from the rising vapors by
providing a point of impact. Baffles may be installed either inside or
on top of quench towers and are typically constructed of treated wood,
steel, or plastic.
Battery stack means the stack that is the point of discharge to the
atmosphere of the combustion gases from a battery's underfiring system.
Batterywide extended coking means increasing the average coking time
for all ovens in the coke oven battery by 25 percent or more over the
manufacturer's specified design rate.
By-product coke oven battery means a group of ovens connected by
common walls, where coal undergoes destructive distillation under
positive pressure to

[[Page 128]]

produce coke and coke oven gas from which by-products are recovered.
By-product recovery plant area means that area of the coke plant
where process units subject to subpart L in part 61 are located.
Coke oven battery means a group of ovens connected by common walls,
where coal undergoes destructive distillation to produce coke. A coke
oven battery includes by-product and non-recovery processes.
Coke plant means a facility that produces coke from coal in either a
by-product coke oven battery or a non-recovery coke oven battery.
Cokeside shed means a structure used to capture pushing emissions
that encloses the cokeside of the battery and ventilates the emissions
to a control device.
Coking time means the time interval that starts when an oven is
charged with coal and ends when the oven is pushed.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart including, but not limited to, any emission limitation
(including operating limits) or work practice standard;
(2) Fails to meet any term or condition that is adopted to implement
an applicable requirement in this subpart and that is included in the
operating permit for any affected source required to obtain such a
permit; or
(3) Fails to meet any emission limitation or work practice standard
in this subpart during startup, shutdown, or malfunction, regardless of
whether or not such failure is permitted by this subpart.
Emission limitation means any emission limit, opacity limit, or
operating limit.
Four consecutive pushes means four pushes observed successively.
Fugitive pushing emissions means emissions from pushing that are not
collected by a capture system.
Horizontal flue means a type of coke oven heating system used on
Semet-Solvay batteries where the heating flues run horizontally from one
end of the oven to the other end, and the flues are not shared with
adjacent ovens.
Hot water scrubber means a mobile scrubber used to control pushing
emissions through the creation of an induced draft formed by the
expansion of pressurized hot water through a nozzle.
Increased coking time means increasing the charge-to-push time for
an individual oven.
Non-recovery coke oven battery means a group of ovens connected by
common walls and operated as a unit, where coal undergoes destructive
distillation under negative pressure to produce coke, and which is
designed for the combustion of the coke oven gas from which by-products
are not recovered.
Oven means a chamber in the coke oven battery in which coal
undergoes destructive distillation to produce coke.
Pushing means the process of removing the coke from the oven.
Pushing begins with the first detectable movement of the coke mass and
ends when the quench car enters the quench tower.
Quenching means the wet process of cooling (wet quenching) the hot
incandescent coke by direct contact with water that begins when the
quench car enters the quench tower and ends when the quench car exits
the quench tower.
Quench tower means the structure in which hot incandescent coke in
the quench car is deluged or quenched with water.
Remove from service means that an oven is not charged with coal and
is not used for coking. When removed from service, the oven may remain
at the operating temperature or it may be cooled down for repairs.
Responsible official means responsible official as defined in Sec.
63.2.
Short battery means a by-product coke oven battery with ovens less
than five meters in height.
Soaking means that period in the coking cycle that starts when an
oven is dampered off the collecting main and vented to the atmosphere
through an open standpipe prior to pushing and ends when the coke begins
to be pushed from the oven.
Soaking emissions means the discharge from an open standpipe during
soaking

[[Page 129]]

of visible emissions due to either incomplete coking or leakage into the
standpipe from the collecting main.
Standpipe means an apparatus on the oven that provides a passage for
gases from an oven to the atmosphere when the oven is dampered off the
collecting main and the standpipe cap is opened. This includes mini-
standpipes that are not connected to the collecting main.
Tall battery means a by-product coke oven battery with ovens five
meters or more in height.
Vertical flue means a type of coke oven heating system in which the
heating flues run vertically from the bottom to the top of the oven, and
flues are shared between adjacent ovens.
Work practice standard means any design, equipment, work practice,
or operational standard, or combination thereof, that is promulgated
pursuant to section 112(h) of the CAA.

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

As required in Sec.63.7350, you must comply with each applicable
requirement of the NESHAP General Provisions (40 CFR part 63, subpart A)
as shown in the following table:

----------------------------------------------------------------------------------------------------------------
Applies to Subpart
Citation Subject CCCCC? Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1.......................... Applicability.......... Yes....................
Sec. 63.2.......................... Definitions............ Yes....................
Sec. 63.3.......................... Units and Abbreviations Yes....................
Sec. 63.4.......................... Prohibited Activities.. Yes....................
Sec. 63.5.......................... Construction/ Yes....................
Reconstruction.
Sec. 63.6(a), (b), (c), (d), (e), Compliance with Yes....................
(f), (g), (h)(2)-(8). Standards and
Maintenance
Requirements.
Sec. 63.6(h)(9).................... Adjustment to an Yes....................
Opacity Emission
Standard.
Sec. 63.7(a)(3), (b), (c)-(h)...... Performance Testing Yes....................
Requirements.
Sec. 63.7(a)(1)-(2)................ Applicability and No..................... Subpart CCCCC specifies
Performance Test Dates. applicability and
dates.
Sec. 63.8(a)(1)-(3), (b), (c)(1)- Monitoring Requirements Yes.................... CMS requirements in
(3), (c)(4)(i)-(ii), (c)(5)-(8), Sec. 63.8(c)(4) (i)-
(d), (e), (f)(1)-(5), (g)(1)-(4). (ii), (c)(5), and
(c)(6) apply only to
COMS for battery
stacks.
Sec. 63.8(a)(4).................... Additional Monitoring No..................... Flares are not a
Requirements for control device for
Control Devices in Subpart CCCCC affected
Sec. 63.11. sources.
Sec. 63.8(c)(4).................... Continuous Monitoring No..................... Subpart CCCCC specifies
System (CMS) requirements for
Requirements. operation of CMS.
Sec. 63.8(e)(4)-(5)................ Performance Evaluations Yes.................... Except COMS performance
evaluation must be
conducted before the
compliance date.
Sec. 63.8(f)(6).................... RATA Alternative....... No..................... Subpart CCCCC does not
require CEMS.
Sec. 63.8(g)(5).................... Data Reduction......... No..................... Subpart CCCCC specifies
data that can't be
used in computing
averages for COMS.
Sec. 63.9.......................... Notification Yes.................... Additional
Requirements. notifications for CMS
in Sec. 63.9(g)
apply only to COMS for
battery stacks.
Sec. 63.10(a), (b)(1)-(b)(2)(xii), Recordkeeping and Yes.................... Additional records for
(b)(2)(xiv), (b)(3), (c)(1)-(6), Reporting Requirements. CMS in Sec.
(c)(9)-(15), (d), (e)(1)-(2), 63.10(c)(1)-(6), (9)-
(e)(4), (f). (15), and reports in
Sec. 63.10(d)(1)-(2)
apply only to COMS for
battery stacks.
Sec. 63.10(b)(2) (xi)-(xii)........ CMS Records for RATA No..................... Subpart CCCCC doesn't
Alternative. require CEMS.
Sec. 63.10(c)(7)-(8)............... Records of Excess No..................... Subpart CCCCC specifies
Emissions and record requirements.
Parameter Monitoring
Exceedances for CMS.
Sec. 63.10(e)(3)................... Excess Emission Reports No..................... Subpart CCCCC specifies
reporting
requirements.
Sec. 63.11......................... Control Device No..................... Subpart CCCCC does not
Requirements. require flares.
Sec. 63.12......................... State Authority and Yes....................
Delegations..

[[Page 130]]

Sec.Sec. 63.13-63.15............. Addresses, Yes....................
Incorporation by
Reference,
Availability of
Information.
----------------------------------------------------------------------------------------------------------------

Subpart DDDDD_National Emission Standards for Hazardous Air Pollutants
for Major Sources: Industrial, Commercial, and Institutional Boilers and
Process Heaters

Source: 76 FR 15664, Mar. 21, 2011, unless otherwise noted.

What This Subpart Covers

Sec.63.7480 What is the purpose of this subpart?

This subpart establishes national emission limitations and work
practice standards for hazardous air pollutants (HAP) emitted from
industrial, commercial, and institutional boilers and process heaters
located at major sources of HAP. This subpart also establishes
requirements to demonstrate initial and continuous compliance with the
emission limitations and work practice standards.

Sec.63.7485 Am I subject to this subpart?

You are subject to this subpart if you own or operate an industrial,
commercial, or institutional boiler or process heater as defined in
Sec.63.7575 that is located at, or is part of, a major source of HAP,
except as specified in Sec.63.7491. For purposes of this subpart, a
major source of HAP is as defined in Sec.63.2, except that for oil and
natural gas production facilities, a major source of HAP is as defined
in Sec.63.7575.

[78 FR 7162, Jan. 31, 2013]

Sec.63.7490 What is the affected source of this subpart?

(a) This subpart applies to new, reconstructed, and existing
affected sources as described in paragraphs (a)(1) and (2) of this
section.
(1) The affected source of this subpart is the collection at a major
source of all existing industrial, commercial, and institutional boilers
and process heaters within a subcategory as defined in Sec.63.7575.
(2) The affected source of this subpart is each new or reconstructed
industrial, commercial, or institutional boiler or process heater, as
defined in Sec.63.7575, located at a major source.
(b) A boiler or process heater is new if you commence construction
of the boiler or process heater after June 4, 2010, and you meet the
applicability criteria at the time you commence construction.
(c) A boiler or process heater is reconstructed if you meet the
reconstruction criteria as defined in Sec.63.2, you commence
reconstruction after June 4, 2010, and you meet the applicability
criteria at the time you commence reconstruction.
(d) A boiler or process heater is existing if it is not new or
reconstructed.
(e) An existing electric utility steam generating unit (EGU) that
meets the applicability requirements of this subpart after the effective
date of this final rule due to a change (e.g., fuel switch) is
considered to be an existing source under this subpart.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7162, Jan. 31, 2013]

Sec.63.7491 Are any boilers or process heaters not subject to
this subpart?

The types of boilers and process heaters listed in paragraphs (a)
through (n) of this section are not subject to this subpart.
(a) An electric utility steam generating unit (EGU) covered by
subpart UUUUU of this part or a natural gas-fired EGU as defined in
subpart UUUUU of this part firing at least 85 percent natural gas on an
annual heat input basis.
(b) A recovery boiler or furnace covered by subpart MM of this part.
(c) A boiler or process heater that is used specifically for
research and development, including test steam boilers used to provide
steam for testing the propulsion systems on military vessels. This does
not include units that provide heat or steam to a process at a research
and development facility.

[[Page 131]]

(d) A hot water heater as defined in this subpart.
(e) A refining kettle covered by subpart X of this part.
(f) An ethylene cracking furnace covered by subpart YY of this part.
(g) Blast furnace stoves as described in EPA-453/R-01-005
(incorporated by reference, see Sec.63.14).
(h) Any boiler or process heater that is part of the affected source
subject to another subpart of this part, such as boilers and process
heaters used as control devices to comply with subparts JJJ, OOO, PPP,
and U of this part.
(i) Any boiler or process heater that is used as a control device to
comply with another subpart of this part, or part 60, part 61, or part
65 of this chapter provided that at least 50 percent of the average
annual heat input during any 3 consecutive calendar years to the boiler
or process heater is provided by regulated gas streams that are subject
to another standard.
(j) Temporary boilers and process heaters as defined in this
subpart.
(k) Blast furnace gas fuel-fired boilers and process heaters as
defined in this subpart.
(l) Any boiler or process heater specifically listed as an affected
source in any standard(s) established under section 129 of the Clean Air
Act.
(m) A unit that burns hazardous waste covered by Subpart EEE of this
part. A unit that is exempt from Subpart EEE as specified in Sec.
63.1200(b) is not covered by Subpart EEE.
(n) Residential boilers as defined in this subpart.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7162, Jan. 31, 2013; 80
FR 72806, Nov. 20, 2015]

Sec.63.7495 When do I have to comply with this subpart?

(a) If you have a new or reconstructed boiler or process heater, you
must comply with this subpart by April 1, 2013, or upon startup of your
boiler or process heater, whichever is later.
(b) If you have an existing boiler or process heater, you must
comply with this subpart no later than January 31, 2016, except as
provided in Sec.63.6(i).
(c) If you have an area source that increases its emissions or its
potential to emit such that it becomes a major source of HAP, paragraphs
(c)(1) and (2) of this section apply to you.
(1) Any new or reconstructed boiler or process heater at the
existing source must be in compliance with this subpart upon startup.
(2) Any existing boiler or process heater at the existing source
must be in compliance with this subpart within 3 years after the source
becomes a major source.
(d) You must meet the notification requirements in Sec.63.7545
according to the schedule in Sec.63.7545 and in subpart A of this
part. Some of the notifications must be submitted before you are
required to comply with the emission limits and work practice standards
in this subpart.
(e) If you own or operate an industrial, commercial, or
institutional boiler or process heater and would be subject to this
subpart except for the exemption in Sec.63.7491(l) for commercial and
industrial solid waste incineration units covered by part 60, subpart
CCCC or subpart DDDD, and you cease combusting solid waste, you must be
in compliance with this subpart and are no longer subject to part 60,
subparts CCCC or DDDD beginning on the effective date of the switch as
identified under the provisions of Sec.60.2145(a)(2) and (3) or Sec.
60.2710(a)(2) and (3).
(f) If you own or operate an existing EGU that becomes subject to
this subpart after January 31, 2016, you must be in compliance with the
applicable existing source provisions of this subpart on the effective
date such unit becomes subject to this subpart.
(g) If you own or operate an existing industrial, commercial, or
institutional boiler or process heater and would be subject to this
subpart except for a exemption in Sec.63.7491(i) that becomes subject
to this subpart after January 31, 2013, you must be in compliance with
the applicable existing source provisions of this subpart within 3 years
after such unit becomes subject to this subpart.
(h) If you own or operate an existing industrial, commercial, or
institutional boiler or process heater and have switched fuels or made a
physical change to the boiler or process heater that resulted in the
applicability of a

[[Page 132]]

different subcategory after the compliance date of this subpart, you
must be in compliance with the applicable existing source provisions of
this subpart on the effective date of the fuel switch or physical
change.
(i) If you own or operate a new industrial, commercial, or
institutional boiler or process heater and have switched fuels or made a
physical change to the boiler or process heater that resulted in the
applicability of a different subcategory, you must be in compliance with
the applicable new source provisions of this subpart on the effective
date of the fuel switch or physical change.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7162, Jan. 31, 2013; 80
FR 72807, Nov. 20, 2015]

Emission Limitations and Work Practice Standards

Sec.63.7499 What are the subcategories of boilers and process
heaters?

The subcategories of boilers and process heaters, as defined in
Sec.63.7575 are:
(a) Pulverized coal/solid fossil fuel units.
(b) Stokers designed to burn coal/solid fossil fuel.
(c) Fluidized bed units designed to burn coal/solid fossil fuel.
(d) Stokers/sloped grate/other units designed to burn kiln dried
biomass/bio-based solid.
(e) Fluidized bed units designed to burn biomass/bio-based solid.
(f) Suspension burners designed to burn biomass/bio-based solid.
(g) Fuel cells designed to burn biomass/bio-based solid.
(h) Hybrid suspension/grate burners designed to burn wet biomass/
bio-based solid.
(i) Stokers/sloped grate/other units designed to burn wet biomass/
bio-based solid.
(j) Dutch ovens/pile burners designed to burn biomass/bio-based
solid.
(k) Units designed to burn liquid fuel that are non-continental
units.
(l) Units designed to burn gas 1 fuels.
(m) Units designed to burn gas 2 (other) gases.
(n) Metal process furnaces.
(o) Limited-use boilers and process heaters.
(p) Units designed to burn solid fuel.
(q) Units designed to burn liquid fuel.
(r) Units designed to burn coal/solid fossil fuel.
(s) Fluidized bed units with an integrated fluidized bed heat
exchanger designed to burn coal/solid fossil fuel.
(t) Units designed to burn heavy liquid fuel.
(u) Units designed to burn light liquid fuel.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7163, Jan. 31, 2013]

Sec.63.7500 What emission limitations, work practice standards,
and operating limits must I meet?

(a) You must meet the requirements in paragraphs (a)(1) through (3)
of this section, except as provided in paragraphs (b), through (e) of
this section. You must meet these requirements at all times the affected
unit is operating, except as provided in paragraph (f) of this section.
(1) You must meet each emission limit and work practice standard in
Tables 1 through 3, and 11 through 13 to this subpart that applies to
your boiler or process heater, for each boiler or process heater at your
source, except as provided under Sec.63.7522. The output-based
emission limits, in units of pounds per million Btu of steam output, in
Tables 1 or 2 to this subpart are an alternative applicable only to
boilers and process heaters that generate either steam, cogenerate steam
with electricity, or both. The output-based emission limits, in units of
pounds per megawatt-hour, in Tables 1 or 2 to this subpart are an
alternative applicable only to boilers that generate only electricity.
Boilers that perform multiple functions (cogeneration and electricity
generation) or supply steam to common headers would calculate a total
steam energy output using equation 21 of Sec.63.7575 to demonstrate
compliance with the output-based emission limits, in units of pounds per
million Btu of steam output, in Tables 1 or 2 to this subpart. If you
operate a new boiler or process heater, you can choose to comply with
alternative limits as discussed in paragraphs (a)(1)(i) through (iii) of
this section, but on or after January 31,

[[Page 133]]

2016, you must comply with the emission limits in Table 1 to this
subpart.
(i) If your boiler or process heater commenced construction or
reconstruction after June 4, 2010 and before May 20, 2011, you may
comply with the emission limits in Table 1 or 11 to this subpart until
January 31, 2016.
(ii) If your boiler or process heater commenced construction or
reconstruction on or after May 20, 2011 and before December 23, 2011,
you may comply with the emission limits in Table 1 or 12 to this subpart
until January 31, 2016.
(iii) If your boiler or process heater commenced construction or
reconstruction on or after December 23, 2011 and before April 1, 2013,
you may comply with the emission limits in Table 1 or 13 to this subpart
until January 31, 2016.
(2) You must meet each operating limit in Table 4 to this subpart
that applies to your boiler or process heater. If you use a control
device or combination of control devices not covered in Table 4 to this
subpart, or you wish to establish and monitor an alternative operating
limit or an alternative monitoring parameter, you must apply to the EPA
Administrator for approval of alternative monitoring under Sec.
63.8(f).
(3) At all times, you must operate and maintain any affected source
(as defined in Sec.63.7490), including associated air pollution
control equipment and monitoring equipment, in a manner consistent with
safety and good air pollution control practices for minimizing
emissions. Determination of whether such operation and maintenance
procedures are being used will be based on information available to the
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.
(b) As provided in Sec.63.6(g), EPA may approve use of an
alternative to the work practice standards in this section.
(c) Limited-use boilers and process heaters must complete a tune-up
every 5 years as specified in Sec.63.7540. They are not subject to the
emission limits in Tables 1 and 2 or 11 through 13 to this subpart, the
annual tune-up, or the energy assessment requirements in Table 3 to this
subpart, or the operating limits in Table 4 to this subpart.
(d) Boilers and process heaters with a heat input capacity of less
than or equal to 5 million Btu per hour in the units designed to burn
gas 2 (other) fuels subcategory or units designed to burn light liquid
fuels subcategory must complete a tune-up every 5 years as specified in
Sec.63.7540.
(e) Boilers and process heaters in the units designed to burn gas 1
fuels subcategory with a heat input capacity of less than or equal to 5
million Btu per hour must complete a tune-up every 5 years as specified
in Sec.63.7540. Boilers and process heaters in the units designed to
burn gas 1 fuels subcategory with a heat input capacity greater than 5
million Btu per hour and less than 10 million Btu per hour must complete
a tune-up every 2 years as specified in Sec.63.7540. Boilers and
process heaters in the units designed to burn gas 1 fuels subcategory
are not subject to the emission limits in Tables 1 and 2 or 11 through
13 to this subpart, or the operating limits in Table 4 to this subpart.
(f) These standards apply at all times the affected unit is
operating, except during periods of startup and shutdown during which
time you must comply only with items 5 and 6 of Table 3 to this subpart.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7163, Jan. 31, 2013; 80
FR 72807, Nov. 20, 2015]

Sec.63.7501 [Reserved]

General Compliance Requirements

Sec.63.7505 What are my general requirements for complying with
this subpart?

(a) You must be in compliance with the emission limits, work
practice standards, and operating limits in this subpart. These emission
and operating limits apply to you at all times the affected unit is
operating except for the periods noted in Sec.63.7500(f).
(b) [Reserved]
(c) You must demonstrate compliance with all applicable emission
limits using performance stack testing, fuel analysis, or continuous
monitoring

[[Page 134]]

systems (CMS), including a continuous emission monitoring system (CEMS),
or particulate matter continuous parameter monitoring system (PM CPMS),
where applicable. You may demonstrate compliance with the applicable
emission limit for hydrogen chloride (HCl), mercury, or total selected
metals (TSM) using fuel analysis if the emission rate calculated
according to Sec.63.7530(c) is less than the applicable emission
limit. (For gaseous fuels, you may not use fuel analyses to comply with
the TSM alternative standard or the HCl standard.) Otherwise, you must
demonstrate compliance for HCl, mercury, or TSM using performance stack
testing, if subject to an applicable emission limit listed in Tables 1,
2, or 11 through 13 to this subpart.
(d) If you demonstrate compliance with any applicable emission limit
through performance testing and subsequent compliance with operating
limits through the use of CPMS, or with a CEMS or COMS, you must develop
a site-specific monitoring plan according to the requirements in
paragraphs (d)(1) through (4) of this section for the use of any CEMS,
COMS, or CPMS. This requirement also applies to you if you petition the
EPA Administrator for alternative monitoring parameters under Sec.
63.8(f).
(1) For each CMS required in this section (including CEMS, COMS, or
CPMS), you must develop, and submit to the Administrator for approval
upon request, a site-specific monitoring plan that addresses design,
data collection, and the quality assurance and quality control elements
outlined in Sec.63.8(d) and the elements described in paragraphs
(d)(1)(i) through (iii) of this section. You must submit this site-
specific monitoring plan, if requested, at least 60 days before your
initial performance evaluation of your CMS. This requirement to develop
and submit a site specific monitoring plan does not apply to affected
sources with existing CEMS or COMS operated according to the performance
specifications under appendix B to part 60 of this chapter and that meet
the requirements of Sec.63.7525. Using the process described in Sec.
63.8(f)(4), you may request approval of alternative monitoring system
quality assurance and quality control procedures in place of those
specified in this paragraph and, if approved, include the alternatives
in your site-specific monitoring plan.
(i) Installation of the CMS sampling probe or other interface at a
measurement location relative to each affected process unit such that
the measurement is representative of control of the exhaust emissions
(e.g., on or downstream of the last control device);
(ii) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer,
and the data collection and reduction systems; and
(iii) Performance evaluation procedures and acceptance criteria
(e.g., calibrations, accuracy audits, analytical drift).
(2) In your site-specific monitoring plan, you must also address
paragraphs (d)(2)(i) through (iii) of this section.
(i) Ongoing operation and maintenance procedures in accordance with
the general requirements of Sec.63.8(c)(1)(ii), (c)(3), and
(c)(4)(ii);
(ii) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec.63.8(d); and
(iii) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec.63.10(c) (as applicable in Table
10 to this subpart), (e)(1), and (e)(2)(i).
(3) You must conduct a performance evaluation of each CMS in
accordance with your site-specific monitoring plan.
(4) You must operate and maintain the CMS in continuous operation
according to the site-specific monitoring plan.
(e) If you have an applicable emission limit, and you choose to
comply using definition (2) of ``startup'' in Sec.63.7575, you must
develop and implement a written startup and shutdown plan (SSP)
according to the requirements in Table 3 to this subpart. The SSP must
be maintained onsite and available upon request for public inspection.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7164, Jan. 31, 2013; 80
FR 72807, Nov. 20, 2015]

[[Page 135]]

Testing, Fuel Analyses, and Initial Compliance Requirements

Sec.63.7510 What are my initial compliance requirements and by what
date must I conduct them?

(a) For each boiler or process heater that is required or that you
elect to demonstrate compliance with any of the applicable emission
limits in Tables 1 or 2 or 11 through 13 of this subpart through
performance (stack) testing, your initial compliance requirements
include all the following:
(1) Conduct performance tests according to Sec.63.7520 and Table 5
to this subpart.
(2) Conduct a fuel analysis for each type of fuel burned in your
boiler or process heater according to Sec.63.7521 and Table 6 to this
subpart, except as specified in paragraphs (a)(2)(i) through (iii) of
this section.
(i) For each boiler or process heater that burns a single type of
fuel, you are not required to conduct a fuel analysis for each type of
fuel burned in your boiler or process heater according to Sec.63.7521
and Table 6 to this subpart. For purposes of this subpart, units that
use a supplemental fuel only for startup, unit shutdown, and transient
flame stability purposes still qualify as units that burn a single type
of fuel, and the supplemental fuel is not subject to the fuel analysis
requirements under Sec.63.7521 and Table 6 to this subpart.
(ii) When natural gas, refinery gas, or other gas 1 fuels are co-
fired with other fuels, you are not required to conduct a fuel analysis
of those Gas 1 fuels according to Sec.63.7521 and Table 6 to this
subpart. If gaseous fuels other than natural gas, refinery gas, or other
gas 1 fuels are co-fired with other fuels and those non-Gas 1 gaseous
fuels are subject to another subpart of this part, part 60, part 61, or
part 65, you are not required to conduct a fuel analysis of those non-
Gas 1 fuels according to Sec.63.7521 and Table 6 to this subpart.
(iii) You are not required to conduct a chlorine fuel analysis for
any gaseous fuels. You must conduct a fuel analysis for mercury on
gaseous fuels unless the fuel is exempted in paragraphs (a)(2)(i) and
(ii) of this section.
(3) Establish operating limits according to Sec.63.7530 and Table
7 to this subpart.
(4) Conduct CMS performance evaluations according to Sec.63.7525.
(b) For each boiler or process heater that you elect to demonstrate
compliance with the applicable emission limits in Tables 1 or 2 or 11
through 13 to this subpart for HCl, mercury, or TSM through fuel
analysis, your initial compliance requirement is to conduct a fuel
analysis for each type of fuel burned in your boiler or process heater
according to Sec.63.7521 and Table 6 to this subpart and establish
operating limits according to Sec.63.7530 and Table 8 to this subpart.
The fuels described in paragraph (a)(2)(i) and (ii) of this section are
exempt from these fuel analysis and operating limit requirements. The
fuels described in paragraph (a)(2)(ii) of this section are exempt from
the chloride fuel analysis and operating limit requirements. Boilers and
process heaters that use a CEMS for mercury or HCl are exempt from the
performance testing and operating limit requirements specified in
paragraph (a) of this section for the HAP for which CEMS are used.
(c) If your boiler or process heater is subject to a carbon monoxide
(CO) limit, your initial compliance demonstration for CO is to conduct a
performance test for CO according to Table 5 to this subpart or conduct
a performance evaluation of your continuous CO monitor, if applicable,
according to Sec.63.7525(a). Boilers and process heaters that use a CO
CEMS to comply with the applicable alternative CO CEMS emission standard
listed in Tables 1, 2, or 11 through 13 to this subpart, as specified in
Sec.63.7525(a), are exempt from the initial CO performance testing and
oxygen concentration operating limit requirements specified in paragraph
(a) of this section.
(d) If your boiler or process heater is subject to a PM limit, your
initial compliance demonstration for PM is to conduct a performance test
in accordance with Sec.63.7520 and Table 5 to this subpart.
(e) For existing affected sources (as defined in Sec.63.7490), you
must complete the initial compliance demonstrations, as specified in
paragraphs (a) through

[[Page 136]]

(d) of this section, no later than 180 days after the compliance date
that is specified for your source in Sec.63.7495 and according to the
applicable provisions in Sec.63.7(a)(2) as cited in Table 10 to this
subpart, except as specified in paragraph (j) of this section. You must
complete an initial tune-up by following the procedures described in
Sec.63.7540(a)(10)(i) through (vi) no later than the compliance date
specified in Sec.63.7495, except as specified in paragraph (j) of this
section. You must complete the one-time energy assessment specified in
Table 3 to this subpart no later than the compliance date specified in
Sec.63.7495.
(f) For new or reconstructed affected sources (as defined in Sec.
63.7490), you must complete the initial compliance demonstration with
the emission limits no later than July 30, 2013 or within 180 days after
startup of the source, whichever is later. If you are demonstrating
compliance with an emission limit in Tables 11 through 13 to this
subpart that is less stringent (that is, higher) than the applicable
emission limit in Table 1 to this subpart, you must demonstrate
compliance with the applicable emission limit in Table 1 no later than
July 29, 2016.
(g) For new or reconstructed affected sources (as defined in Sec.
63.7490), you must demonstrate initial compliance with the applicable
work practice standards in Table 3 to this subpart within the applicable
annual, biennial, or 5-year schedule as specified in Sec.63.7515(d)
following the initial compliance date specified in Sec.63.7495(a).
Thereafter, you are required to complete the applicable annual,
biennial, or 5-year tune-up as specified in Sec.63.7515(d).
(h) For affected sources (as defined in Sec.63.7490) that ceased
burning solid waste consistent with Sec.63.7495(e) and for which the
initial compliance date has passed, you must demonstrate compliance
within 60 days of the effective date of the waste-to-fuel switch. If you
have not conducted your compliance demonstration for this subpart within
the previous 12 months, you must complete all compliance demonstrations
for this subpart before you commence or recommence combustion of solid
waste.
(i) For an existing EGU that becomes subject after January 31, 2016,
you must demonstrate compliance within 180 days after becoming an
affected source.
(j) For existing affected sources (as defined in Sec.63.7490) that
have not operated between the effective date of the rule and the
compliance date that is specified for your source in Sec.63.7495, you
must complete the initial compliance demonstration, if subject to the
emission limits in Table 2 to this subpart, as specified in paragraphs
(a) through (d) of this section, no later than 180 days after the re-
start of the affected source and according to the applicable provisions
in Sec.63.7(a)(2) as cited in Table 10 to this subpart. You must
complete an initial tune-up by following the procedures described in
Sec.63.7540(a)(10)(i) through (vi) no later than 30 days after the re-
start of the affected source and, if applicable, complete the one-time
energy assessment specified in Table 3 to this subpart, no later than
the compliance date specified in Sec.63.7495.
(k) For affected sources, as defined in Sec.63.7490, that switch
subcategories consistent with Sec.63.7545(h) after the initial
compliance date, you must demonstrate compliance within 60 days of the
effective date of the switch, unless you had previously conducted your
compliance demonstration for this subcategory within the previous 12
months.

[78 FR 7164, Jan. 31, 2013, as amended at 80 FR 72808, Nov. 20, 2015]

Sec.63.7515 When must I conduct subsequent performance tests,
fuel analyses, or tune-ups?

(a) You must conduct all applicable performance tests according to
Sec.63.7520 on an annual basis, except as specified in paragraphs (b)
through (e), (g), and (h) of this section. Annual performance tests must
be completed no more than 13 months after the previous performance test,
except as specified in paragraphs (b) through (e), (g), and (h) of this
section.
(b) If your performance tests for a given pollutant for at least 2
consecutive years show that your emissions are at or below 75 percent of
the emission limit (or, in limited instances as

[[Page 137]]

specified in Tables 1 and 2 or 11 through 13 to this subpart, at or
below the emission limit) for the pollutant, and if there are no changes
in the operation of the individual boiler or process heater or air
pollution control equipment that could increase emissions, you may
choose to conduct performance tests for the pollutant every third year.
Each such performance test must be conducted no more than 37 months
after the previous performance test. If you elect to demonstrate
compliance using emission averaging under Sec.63.7522, you must
continue to conduct performance tests annually. The requirement to test
at maximum chloride input level is waived unless the stack test is
conducted for HCl. The requirement to test at maximum mercury input
level is waived unless the stack test is conducted for mercury. The
requirement to test at maximum TSM input level is waived unless the
stack test is conducted for TSM.
(c) If a performance test shows emissions exceeded the emission
limit or 75 percent of the emission limit (as specified in Tables 1 and
2 or 11 through 13 to this subpart) for a pollutant, you must conduct
annual performance tests for that pollutant until all performance tests
over a consecutive 2-year period meet the required level (at or below 75
percent of the emission limit, as specified in Tables 1 and 2 or 11
through 13 to this subpart).
(d) If you are required to meet an applicable tune-up work practice
standard, you must conduct an annual, biennial, or 5-year performance
tune-up according to Sec.63.7540(a)(10), (11), or (12), respectively.
Each annual tune-up specified in Sec.63.7540(a)(10) must be no more
than 13 months after the previous tune-up. Each biennial tune-up
specified in Sec.63.7540(a)(11) must be conducted no more than 25
months after the previous tune-up. Each 5-year tune-up specified in
Sec.63.7540(a)(12) must be conducted no more than 61 months after the
previous tune-up. For a new or reconstructed affected source (as defined
in Sec.63.7490), the first annual, biennial, or 5-year tune-up must be
no later than 13 months, 25 months, or 61 months, respectively, after
April 1, 2013 or the initial startup of the new or reconstructed
affected source, whichever is later.
(e) If you demonstrate compliance with the mercury, HCl, or TSM
based on fuel analysis, you must conduct a monthly fuel analysis
according to Sec.63.7521 for each type of fuel burned that is subject
to an emission limit in Tables 1, 2, or 11 through 13 to this subpart.
You may comply with this monthly requirement by completing the fuel
analysis any time within the calendar month as long as the analysis is
separated from the previous analysis by at least 14 calendar days. If
you burn a new type of fuel, you must conduct a fuel analysis before
burning the new type of fuel in your boiler or process heater. You must
still meet all applicable continuous compliance requirements in Sec.
63.7540. If each of 12 consecutive monthly fuel analyses demonstrates 75
percent or less of the compliance level, you may decrease the fuel
analysis frequency to quarterly for that fuel. If any quarterly sample
exceeds 75 percent of the compliance level or you begin burning a new
type of fuel, you must return to monthly monitoring for that fuel, until
12 months of fuel analyses are again less than 75 percent of the
compliance level. If sampling is conducted on one day per month, samples
should be no less than 14 days apart, but if multiple samples are taken
per month, the 14-day restriction does not apply.
(f) You must report the results of performance tests and the
associated fuel analyses within 60 days after the completion of the
performance tests. This report must also verify that the operating
limits for each boiler or process heater have not changed or provide
documentation of revised operating limits established according to Sec.
63.7530 and Table 7 to this subpart, as applicable. The reports for all
subsequent performance tests must include all applicable information
required in Sec.63.7550.
(g) For affected sources (as defined in Sec.63.7490) that have not
operated since the previous compliance demonstration and more than one
year has passed since the previous compliance demonstration, you must
complete the subsequent compliance demonstration, if

[[Page 138]]

subject to the emission limits in Tables 1, 2, or 11 through 13 to this
subpart, no later than 180 days after the re-start of the affected
source and according to the applicable provisions in Sec.63.7(a)(2) as
cited in Table 10 to this subpart. You must complete a subsequent tune-
up by following the procedures described in Sec.63.7540(a)(10)(i)
through (vi) and the schedule described in Sec.63.7540(a)(13) for
units that are not operating at the time of their scheduled tune-up.
(h) If your affected boiler or process heater is in the unit
designed to burn light liquid subcategory and you combust ultra-low
sulfur liquid fuel, you do not need to conduct further performance tests
(stack tests or fuel analyses) if the pollutants measured during the
initial compliance performance tests meet the emission limits in Tables
1 or 2 of this subpart providing you demonstrate ongoing compliance with
the emissions limits by monitoring and recording the type of fuel
combusted on a monthly basis. If you intend to use a fuel other than
ultra-low sulfur liquid fuel, natural gas, refinery gas, or other gas 1
fuel, you must conduct new performance tests within 60 days of burning
the new fuel type.
(i) If you operate a CO CEMS that meets the Performance
Specifications outlined in Sec.63.7525(a)(3) of this subpart to
demonstrate compliance with the applicable alternative CO CEMS emission
standard listed in Tables 1, 2, or 11 through 13 to this subpart, you
are not required to conduct CO performance tests and are not subject to
the oxygen concentration operating limit requirement specified in Sec.
63.7510(a).

[78 FR 7165, Jan. 31, 2013, as amended at 80 FR 72808, Nov. 20, 2015]

Sec.63.7520 What stack tests and procedures must I use?

(a) You must conduct all performance tests according to Sec.
63.7(c), (d), (f), and (h). You must also develop a site-specific stack
test plan according to the requirements in Sec.63.7(c). You shall
conduct all performance tests under such conditions as the Administrator
specifies to you based on the representative performance of each boiler
or process heater for the period being tested. Upon request, you shall
make available to the Administrator such records as may be necessary to
determine the conditions of the performance tests.
(b) You must conduct each performance test according to the
requirements in Table 5 to this subpart.
(c) You must conduct each performance test under the specific
conditions listed in Tables 5 and 7 to this subpart. You must conduct
performance tests at representative operating load conditions while
burning the type of fuel or mixture of fuels that has the highest
content of chlorine and mercury, and TSM if you are opting to comply
with the TSM alternative standard and you must demonstrate initial
compliance and establish your operating limits based on these
performance tests. These requirements could result in the need to
conduct more than one performance test. Following each performance test
and until the next performance test, you must comply with the operating
limit for operating load conditions specified in Table 4 to this
subpart.
(d) You must conduct a minimum of three separate test runs for each
performance test required in this section, as specified in Sec.
63.7(e)(3). Each test run must comply with the minimum applicable
sampling times or volumes specified in Tables 1 and 2 or 11 through 13
to this subpart.
(e) To determine compliance with the emission limits, you must use
the F-Factor methodology and equations in sections 12.2 and 12.3 of EPA
Method 19 at 40 CFR part 60, appendix A-7 of this chapter to convert the
measured particulate matter (PM) concentrations, the measured HCl
concentrations, the measured mercury concentrations, and the measured
TSM concentrations that result from the performance test to pounds per
million Btu heat input emission rates.
(f) Except for a 30-day rolling average based on CEMS (or sorbent
trap monitoring system) data, if measurement results for any pollutant
are reported as below the method detection level (e.g., laboratory
analytical results for one or more sample components are below the
method defined analytical detection level), you must use the

[[Page 139]]

method detection level as the measured emissions level for that
pollutant in calculating compliance. The measured result for a multiple
component analysis (e.g., analytical values for multiple Method 29
fractions both for individual HAP metals and for total HAP metals) may
include a combination of method detection level data and analytical data
reported above the method detection level.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7166, Jan. 31, 2013]

Sec.63.7521 What fuel analyses, fuel specification, and procedures
must I use?

(a) For solid and liquid fuels, you must conduct fuel analyses for
chloride and mercury according to the procedures in paragraphs (b)
through (e) of this section and Table 6 to this subpart, as applicable.
For solid fuels and liquid fuels, you must also conduct fuel analyses
for TSM if you are opting to comply with the TSM alternative standard.
For gas 2 (other) fuels, you must conduct fuel analyses for mercury
according to the procedures in paragraphs (b) through (e) of this
section and Table 6 to this subpart, as applicable. (For gaseous fuels,
you may not use fuel analyses to comply with the TSM alternative
standard or the HCl standard.) For purposes of complying with this
section, a fuel gas system that consists of multiple gaseous fuels
collected and mixed with each other is considered a single fuel type and
sampling and analysis is only required on the combined fuel gas system
that will feed the boiler or process heater. Sampling and analysis of
the individual gaseous streams prior to combining is not required. You
are not required to conduct fuel analyses for fuels used for only
startup, unit shutdown, and transient flame stability purposes. You are
required to conduct fuel analyses only for fuels and units that are
subject to emission limits for mercury, HCl, or TSM in Tables 1 and 2 or
11 through 13 to this subpart. Gaseous and liquid fuels are exempt from
the sampling requirements in paragraphs (c) and (d) of this section.
(b) You must develop a site-specific fuel monitoring plan according
to the following procedures and requirements in paragraphs (b)(1) and
(2) of this section, if you are required to conduct fuel analyses as
specified in Sec.63.7510.
(1) If you intend to use an alternative analytical method other than
those required by Table 6 to this subpart, you must submit the fuel
analysis plan to the Administrator for review and approval no later than
60 days before the date that you intend to conduct the initial
compliance demonstration described in Sec.63.7510.
(2) You must include the information contained in paragraphs
(b)(2)(i) through (vi) of this section in your fuel analysis plan.
(i) The identification of all fuel types anticipated to be burned in
each boiler or process heater.
(ii) For each anticipated fuel type, the notification of whether you
or a fuel supplier will be conducting the fuel analysis.
(iii) For each anticipated fuel type, a detailed description of the
sample location and specific procedures to be used for collecting and
preparing the composite samples if your procedures are different from
paragraph (c) or (d) of this section. Samples should be collected at a
location that most accurately represents the fuel type, where possible,
at a point prior to mixing with other dissimilar fuel types.
(iv) For each anticipated fuel type, the analytical methods from
Table 6, with the expected minimum detection levels, to be used for the
measurement of chlorine or mercury.
(v) If you request to use an alternative analytical method other
than those required by Table 6 to this subpart, you must also include a
detailed description of the methods and procedures that you are
proposing to use. Methods in Table 6 shall be used until the requested
alternative is approved.
(vi) If you will be using fuel analysis from a fuel supplier in lieu
of site-specific sampling and analysis, the fuel supplier must use the
analytical methods required by Table 6 to this subpart.
(c) You must obtain composite fuel samples for each fuel type
according to the procedures in paragraph (c)(1) or (2) of this section,
or the methods listed in Table 6 to this subpart, or use an automated
sampling mechanism that provides representative composite fuel

[[Page 140]]

samples for each fuel type that includes both coarse and fine material.
At a minimum, for demonstrating initial compliance by fuel analysis, you
must obtain three composite samples. For monthly fuel analyses, at a
minimum, you must obtain a single composite sample. For fuel analyses as
part of a performance stack test, as specified in Sec.63.7510(a), you
must obtain a composite fuel sample during each performance test run.
(1) If sampling from a belt (or screw) feeder, collect fuel samples
according to paragraphs (c)(1)(i) and (ii) of this section.
(i) Stop the belt and withdraw a 6-inch wide sample from the full
cross-section of the stopped belt to obtain a minimum two pounds of
sample. You must collect all the material (fines and coarse) in the full
cross-section. You must transfer the sample to a clean plastic bag.
(ii) Each composite sample will consist of a minimum of three
samples collected at approximately equal one-hour intervals during the
testing period for sampling during performance stack testing.
(2) If sampling from a fuel pile or truck, you must collect fuel
samples according to paragraphs (c)(2)(i) through (iii) of this section.
(i) For each composite sample, you must select a minimum of five
sampling locations uniformly spaced over the surface of the pile.
(ii) At each sampling site, you must dig into the pile to a uniform
depth of approximately 18 inches. You must insert a clean shovel into
the hole and withdraw a sample, making sure that large pieces do not
fall off during sampling; use the same shovel to collect all samples.
(iii) You must transfer all samples to a clean plastic bag for
further processing.
(d) You must prepare each composite sample according to the
procedures in paragraphs (d)(1) through (7) of this section.
(1) You must thoroughly mix and pour the entire composite sample
over a clean plastic sheet.
(2) You must break large sample pieces (e.g., larger than 3 inches)
into smaller sizes.
(3) You must make a pie shape with the entire composite sample and
subdivide it into four equal parts.
(4) You must separate one of the quarter samples as the first
subset.
(5) If this subset is too large for grinding, you must repeat the
procedure in paragraph (d)(3) of this section with the quarter sample
and obtain a one-quarter subset from this sample.
(6) You must grind the sample in a mill.
(7) You must use the procedure in paragraph (d)(3) of this section
to obtain a one-quarter subsample for analysis. If the quarter sample is
too large, subdivide it further using the same procedure.
(e) You must determine the concentration of pollutants in the fuel
(mercury and/or chlorine and/or TSM) in units of pounds per million Btu
of each composite sample for each fuel type according to the procedures
in Table 6 to this subpart, for use in Equations 7, 8, and 9 of this
subpart.
(f) To demonstrate that a gaseous fuel other than natural gas or
refinery gas qualifies as an other gas 1 fuel, as defined in Sec.
63.7575, you must conduct a fuel specification analyses for mercury
according to the procedures in paragraphs (g) through (i) of this
section and Table 6 to this subpart, as applicable, except as specified
in paragraph (f)(1) through (4) of this section, or as an alternative
where fuel specification analysis is not practical, you must measure
mercury concentration in the exhaust gas when firing only the gaseous
fuel to be demonstrated as an other gas 1 fuel in the boiler or process
heater according to the procedures in Table 6 to this subpart.
(1) You are not required to conduct the fuel specification analyses
in paragraphs (g) through (i) of this section for natural gas or
refinery gas.
(2) You are not required to conduct the fuel specification analyses
in paragraphs (g) through (i) of this section for gaseous fuels that are
subject to another subpart of this part, part 60, part 61, or part 65.
(3) You are not required to conduct the fuel specification analyses
in paragraphs (g) through (i) of this section on

[[Page 141]]

gaseous fuels for units that are complying with the limits for units
designed to burn gas 2 (other) fuels.
(4) You are not required to conduct the fuel specification analyses
in paragraphs (g) through (i) of this section for gas streams directly
derived from natural gas at natural gas production sites or natural gas
plants.
(g) You must develop a site-specific fuel analysis plan for other
gas 1 fuels according to the following procedures and requirements in
paragraphs (g)(1) and (2) of this section.
(1) If you intend to use an alternative analytical method other than
those required by Table 6 to this subpart, you must submit the fuel
analysis plan to the Administrator for review and approval no later than
60 days before the date that you intend to conduct the initial
compliance demonstration described in Sec.63.7510.
(2) You must include the information contained in paragraphs
(g)(2)(i) through (vi) of this section in your fuel analysis plan.
(i) The identification of all gaseous fuel types other than those
exempted from fuel specification analysis under (f)(1) through (3) of
this section anticipated to be burned in each boiler or process heater.
(ii) For each anticipated fuel type, the identification of whether
you or a fuel supplier will be conducting the fuel specification
analysis.
(iii) For each anticipated fuel type, a detailed description of the
sample location and specific procedures to be used for collecting and
preparing the samples if your procedures are different from the sampling
methods contained in Table 6 to this subpart. Samples should be
collected at a location that most accurately represents the fuel type,
where possible, at a point prior to mixing with other dissimilar fuel
types. If multiple boilers or process heaters are fueled by a common
fuel stream it is permissible to conduct a single gas specification at
the common point of gas distribution.
(iv) For each anticipated fuel type, the analytical methods from
Table 6 to this subpart, with the expected minimum detection levels, to
be used for the measurement of mercury.
(v) If you request to use an alternative analytical method other
than those required by Table 6 to this subpart, you must also include a
detailed description of the methods and procedures that you are
proposing to use. Methods in Table 6 to this subpart shall be used until
the requested alternative is approved.
(vi) If you will be using fuel analysis from a fuel supplier in lieu
of site-specific sampling and analysis, the fuel supplier must use the
analytical methods required by Table 6 to this subpart. When using a
fuel supplier's fuel analysis, the owner or operator is not required to
submit the information in Sec.63.7521(g)(2)(iii).
(h) You must obtain a single fuel sample for each fuel type for fuel
specification of gaseous fuels.
(i) You must determine the concentration in the fuel of mercury, in
units of microgram per cubic meter, dry basis, of each sample for each
other gas 1 fuel type according to the procedures in Table 6 to this
subpart.

[78 FR 7167, Jan. 31, 2013, as amended at 80 FR 72808, Nov. 20, 2015]

Sec.63.7522 Can I use emissions averaging to comply with this
subpart?

(a) As an alternative to meeting the requirements of Sec.63.7500
for PM (or TSM), HCl, or mercury on a boiler or process heater-specific
basis, if you have more than one existing boiler or process heater in
any subcategories located at your facility, you may demonstrate
compliance by emissions averaging, if your averaged emissions are not
more than 90 percent of the applicable emission limit, according to the
procedures in this section. You may not include new boilers or process
heaters in an emissions average.
(b) For a group of two or more existing boilers or process heaters
in the same subcategory that each vent to a separate stack, you may
average PM (or TSM), HCl, or mercury emissions among existing units to
demonstrate compliance with the limits in Table 2 to this subpart as
specified in paragraph (b)(1) through (3) of this section, if you
satisfy the requirements in paragraphs (c) through (g) of this section.

[[Page 142]]

(1) You may average units using a CEMS or PM CPMS for demonstrating
compliance.
(2) For mercury and HCl, averaging is allowed as follows:
(i) You may average among units in any of the solid fuel
subcategories.
(ii) You may average among units in any of the liquid fuel
subcategories.
(iii) You may average among units in a subcategory of units designed
to burn gas 2 (other) fuels.
(iv) You may not average across the units designed to burn liquid,
units designed to burn solid fuel, and units designed to burn gas 2
(other) subcategories.
(3) For PM (or TSM), averaging is only allowed between units within
each of the following subcategories and you may not average across
subcategories:
(i) Units designed to burn coal/solid fossil fuel.
(ii) Stokers/sloped grate/other units designed to burn kiln dried
biomass/bio-based solids.
(iii) Stokers/sloped grate/other units designed to burn wet biomass/
bio-based solids.
(iv) Fluidized bed units designed to burn biomass/bio-based solid.
(v) Suspension burners designed to burn biomass/bio-based solid.
(vi) Dutch ovens/pile burners designed to burn biomass/bio-based
solid.
(vii) Fuel Cells designed to burn biomass/bio-based solid.
(viii) Hybrid suspension/grate burners designed to burn wet biomass/
bio-based solid.
(ix) Units designed to burn heavy liquid fuel.
(x) Units designed to burn light liquid fuel.
(xi) Units designed to burn liquid fuel that are non-continental
units.
(xii) Units designed to burn gas 2 (other) gases.
(c) For each existing boiler or process heater in the averaging
group, the emission rate achieved during the initial compliance test for
the HAP being averaged must not exceed the emission level that was being
achieved on April 1, 2013 or the control technology employed during the
initial compliance test must not be less effective for the HAP being
averaged than the control technology employed on April 1, 2013.
(d) The averaged emissions rate from the existing boilers and
process heaters participating in the emissions averaging option must not
exceed 90 percent of the limits in Table 2 to this subpart at all times
the affected units are subject to numeric emission limits following the
compliance date specified in Sec.63.7495.
(e) You must demonstrate initial compliance according to paragraph
(e)(1) or (2) of this section using the maximum rated heat input
capacity or maximum steam generation capacity of each unit and the
results of the initial performance tests or fuel analysis.
(1) You must use Equation 1a or 1b or 1c of this section to
demonstrate that the PM (or TSM), HCl, or mercury emissions from all
existing units participating in the emissions averaging option for that
pollutant do not exceed the emission limits in Table 2 to this subpart.
Use Equation 1a if you are complying with the emission limits on a heat
input basis, use Equation 1b if you are complying with the emission
limits on a steam generation (output) basis, and use Equation 1c if you
are complying with the emission limits on a electric generation (output)
basis.
[GRAPHIC] [TIFF OMITTED] TR31JA13.004

Where:
AveWeightedEmissions = Average weighted emissions for PM (or TSM), HCl,
or mercury, in units of pounds per million Btu of heat input.
Er = Emission rate (as determined during the initial compliance
demonstration) of PM (or TSM), HCl, or mercury from unit, i,
in units of pounds per million Btu of heat input. Determine
the emission rate for

[[Page 143]]

PM (or TSM), HCl, or mercury by performance testing according
to Table 5 to this subpart, or by fuel analysis for HCl or
mercury or TSM using the applicable equation in Sec.
63.7530(c).
Hm = Maximum rated heat input capacity of unit, i, in units of million
Btu per hour.
n = Number of units participating in the emissions averaging option.
1.1 = Required discount factor.
[GRAPHIC] [TIFF OMITTED] TR31JA13.005

Where:
AveWeightedEmissions = Average weighted emissions for PM (or TSM), HCl,
or mercury, in units of pounds per million Btu of steam
output.
Er = Emission rate (as determined during the initial compliance
demonstration) of PM (or TSM), HCl, or mercury from unit, i,
in units of pounds per million Btu of steam output. Determine
the emission rate for PM (or TSM), HCl, or mercury by
performance testing according to Table 5 to this subpart, or
by fuel analysis for HCl or mercury or TSM using the
applicable equation in Sec.63.7530(c). If you are taking
credit for energy conservation measures from a unit according
to Sec.63.7533, use the adjusted emission level for that
unit, Eadj, determined according to Sec.63.7533 for that
unit.
So = Maximum steam output capacity of unit, i, in units of million Btu
per hour, as defined in Sec.63.7575.
n = Number of units participating in the emissions averaging option.
1.1 = Required discount factor.
[GRAPHIC] [TIFF OMITTED] TR31JA13.006

Where:
AveWeightedEmissions = Average weighted emissions for PM (or TSM), HCl,
or mercury, in units of pounds per megawatt hour.
Er = Emission rate (as determined during the initial compliance
demonstration) of PM (or TSM), HCl, or mercury from unit, i,
in units of pounds per megawatt hour. Determine the emission
rate for PM (or TSM), HCl, or mercury by performance testing
according to Table 5 to this subpart, or by fuel analysis for
HCl or mercury or TSM using the applicable equation in Sec.
63.7530(c). If you are taking credit for energy conservation
measures from a unit according to Sec.63.7533, use the
adjusted emission level for that unit, Eadj, determined
according to Sec.63.7533 for that unit.
Eo = Maximum electric generating output capacity of unit, i, in units of
megawatt hour, as defined in Sec.63.7575.
n = Number of units participating in the emissions averaging option.
1.1 = Required discount factor.

(2) If you are not capable of determining the maximum rated heat
input capacity of one or more boilers that generate steam, you may use
Equation 2 of this section as an alternative to using Equation 1a of
this section to demonstrate that the PM (or TSM), HCl, or mercury
emissions from all existing units participating in the emissions
averaging option do not exceed the emission limits for that pollutant in
Table 2 to this subpart that are in pounds per million Btu of heat
input.
[GRAPHIC] [TIFF OMITTED] TR31JA13.007

[[Page 144]]

Where:
AveWeightedEmissions = Average weighted emission level for PM (or TSM),
HCl, or mercury, in units of pounds per million Btu of heat
input.
Er = Emission rate (as determined during the most recent compliance
demonstration) of PM (or TSM), HCl, or mercury from unit, i,
in units of pounds per million Btu of heat input. Determine
the emission rate for PM (or TSM), HCl, or mercury by
performance testing according to Table 5 to this subpart, or
by fuel analysis for HCl or mercury or TSM using the
applicable equation in Sec.63.7530(c).
Sm = Maximum steam generation capacity by unit, i, in units of pounds
per hour.
Cfi = Conversion factor, calculated from the most recent compliance
test, in units of million Btu of heat input per pounds of
steam generated for unit, i.
1.1 = Required discount factor.

(f) After the initial compliance demonstration described in
paragraph (e) of this section, you must demonstrate compliance on a
monthly basis determined at the end of every month (12 times per year)
according to paragraphs (f)(1) through (3) of this section. The first
monthly period begins on the compliance date specified in Sec.63.7495.
If the affected source elects to collect monthly data for up the 11
months preceding the first monthly period, these additional data points
can be used to compute the 12-month rolling average in paragraph (f)(3)
of this section.
(1) For each calendar month, you must use Equation 3a or 3b or 3c of
this section to calculate the average weighted emission rate for that
month. Use Equation 3a and the actual heat input for the month for each
existing unit participating in the emissions averaging option if you are
complying with emission limits on a heat input basis. Use Equation 3b
and the actual steam generation for the month if you are complying with
the emission limits on a steam generation (output) basis. Use Equation
3c and the actual electrical generation for the month if you are
complying with the emission limits on an electrical generation (output)
basis.
[GRAPHIC] [TIFF OMITTED] TR31JA13.008

Where:
AveWeightedEmissions = Average weighted emission level for PM (or TSM),
HCl, or mercury, in units of pounds per million Btu of heat
input, for that calendar month.
Er = Emission rate (as determined during the most recent compliance
demonstration) of PM (or TSM), HCl, or mercury from unit, i,
in units of pounds per million Btu of heat input. Determine
the emission rate for PM (or TSM), HCl, or mercury by
performance testing according to Table 5 to this subpart, or
by fuel analysis for HCl or mercury or TSM according to Table
6 to this subpart.
Hb = The heat input for that calendar month to unit, i, in units of
million Btu.
n = Number of units participating in the emissions averaging option.
1.1 = Required discount factor.
[GRAPHIC] [TIFF OMITTED] TR31JA13.009

Where:
AveWeightedEmissions = Average weighted emission level for PM (or TSM),
HCl, or mercury, in units of pounds per million Btu of steam
output, for that calendar month.
Er = Emission rate (as determined during the most recent compliance
demonstration) of PM (or TSM), HCl, or mercury from unit, i,
in units of pounds per million Btu of steam output. Determine
the emission rate for PM (or TSM), HCl, or mercury by
performance testing according to Table 5 to this subpart, or
by fuel analysis for HCl or mercury or TSM according to Table
6 to this subpart. If you are taking credit for energy
conservation measures from a unit according to

[[Page 145]]

Sec.63.7533, use the adjusted emission level for that unit,
Eadj, determined according to Sec.63.7533 for
that unit.
So = The steam output for that calendar month from unit, i, in units of
million Btu, as defined in Sec.63.7575.
n = Number of units participating in the emissions averaging option.
1.1 = Required discount factor.
[GRAPHIC] [TIFF OMITTED] TR31JA13.010

Where:
AveWeightedEmissions = Average weighted emission level for PM (or TSM),
HCl, or mercury, in units of pounds per megawatt hour, for
that calendar month.
Er = Emission rate (as determined during the most recent compliance
demonstration) of PM (or TSM), HCl, or mercury from unit, i,
in units of pounds per megawatt hour. Determine the emission
rate for PM (or TSM), HCl, or mercury by performance testing
according to Table 5 to this subpart, or by fuel analysis for
HCl or mercury or TSM according to Table 6 to this subpart. If
you are taking credit for energy conservation measures from a
unit according to Sec.63.7533, use the adjusted emission
level for that unit, Eadj, determined according to
Sec.63.7533 for that unit.
Eo = The electric generating output for that calendar month from unit,
i, in units of megawatt hour, as defined in Sec.63.7575.
n = Number of units participating in the emissions averaging option.
1.1 = Required discount factor.

(2) If you are not capable of monitoring heat input, you may use
Equation 4 of this section as an alternative to using Equation 3a of
this section to calculate the average weighted emission rate using the
actual steam generation from the boilers participating in the emissions
averaging option.
[GRAPHIC] [TIFF OMITTED] TR31JA13.011

Where:
AveWeightedEmissions = average weighted emission level for PM (or TSM),
HCl, or mercury, in units of pounds per million Btu of heat
input for that calendar month.
Er = Emission rate (as determined during the most recent compliance
demonstration of PM (or TSM), HCl, or mercury from unit, i, in
units of pounds per million Btu of heat input. Determine the
emission rate for PM (or TSM), HCl, or mercury by performance
testing according to Table 5 to this subpart, or by fuel
analysis for HCl or mercury or TSM according to Table 6 to
this subpart.
Sa = Actual steam generation for that calendar month by boiler, i, in
units of pounds.
Cfi = Conversion factor, as calculated during the most recent compliance
test, in units of million Btu of heat input per pounds of
steam generated for boiler, i.
1.1 = Required discount factor.

(3) Until 12 monthly weighted average emission rates have been
accumulated, calculate and report only the average weighted emission
rate determined under paragraph (f)(1) or (2) of this section for each
calendar month. After 12 monthly weighted average emission rates have
been accumulated, for each subsequent calendar month, use Equation 5 of
this section to calculate the 12-month rolling average of the monthly
weighted average emission rates for the current calendar month and the
previous 11 calendar months.

[[Page 146]]

[GRAPHIC] [TIFF OMITTED] TR21MR11.004

Where:

Eavg = 12-month rolling average emission rate, (pounds per million Btu
heat input)
ERi = Monthly weighted average, for calendar month ``i'' (pounds per
million Btu heat input), as calculated by paragraph (f)(1) or
(2) of this section.

(g) You must develop, and submit upon request to the applicable
Administrator for review and approval, an implementation plan for
emission averaging according to the following procedures and
requirements in paragraphs (g)(1) through (4) of this section.
(1) If requested, you must submit the implementation plan no later
than 180 days before the date that the facility intends to demonstrate
compliance using the emission averaging option.
(2) You must include the information contained in paragraphs
(g)(2)(i) through (vii) of this section in your implementation plan for
all emission sources included in an emissions average:
(i) The identification of all existing boilers and process heaters
in the averaging group, including for each either the applicable HAP
emission level or the control technology installed as of January 31,
2013 and the date on which you are requesting emission averaging to
commence;
(ii) The process parameter (heat input or steam generated) that will
be monitored for each averaging group;
(iii) The specific control technology or pollution prevention
measure to be used for each emission boiler or process heater in the
averaging group and the date of its installation or application. If the
pollution prevention measure reduces or eliminates emissions from
multiple boilers or process heaters, the owner or operator must identify
each boiler or process heater;
(iv) The test plan for the measurement of PM (or TSM), HCl, or
mercury emissions in accordance with the requirements in Sec.63.7520;
(v) The operating parameters to be monitored for each control system
or device consistent with Sec.63.7500 and Table 4, and a description
of how the operating limits will be determined;
(vi) If you request to monitor an alternative operating parameter
pursuant to Sec.63.7525, you must also include:
(A) A description of the parameter(s) to be monitored and an
explanation of the criteria used to select the parameter(s); and
(B) A description of the methods and procedures that will be used to
demonstrate that the parameter indicates proper operation of the control
device; the frequency and content of monitoring, reporting, and
recordkeeping requirements; and a demonstration, to the satisfaction of
the Administrator, that the proposed monitoring frequency is sufficient
to represent control device operating conditions; and
(vii) A demonstration that compliance with each of the applicable
emission limit(s) will be achieved under representative operating load
conditions. Following each compliance demonstration and until the next
compliance demonstration, you must comply with the operating limit for
operating load conditions specified in Table 4 to this subpart.
(3) If submitted upon request, the Administrator shall review and
approve or disapprove the plan according to the following criteria:
(i) Whether the content of the plan includes all of the information
specified in paragraph (g)(2) of this section; and
(ii) Whether the plan presents sufficient information to determine
that compliance will be achieved and maintained.
(4) The applicable Administrator shall not approve an emission
averaging implementation plan containing any of the following
provisions:
(i) Any averaging between emissions of differing pollutants or
between differing sources; or
(ii) The inclusion of any emission source other than an existing
unit in the same subcategories.
(h) For a group of two or more existing affected units, each of
which vents

[[Page 147]]

through a single common stack, you may average PM (or TSM), HCl, or
mercury emissions to demonstrate compliance with the limits for that
pollutant in Table 2 to this subpart if you satisfy the requirements in
paragraph (i) or (j) of this section.
(i) For a group of two or more existing units in the same
subcategory, each of which vents through a common emissions control
system to a common stack, that does not receive emissions from units in
other subcategories or categories, you may treat such averaging group as
a single existing unit for purposes of this subpart and comply with the
requirements of this subpart as if the group were a single unit.
(j) For all other groups of units subject to the common stack
requirements of paragraph (h) of this section, including situations
where the exhaust of affected units are each individually controlled and
then sent to a common stack, the owner or operator may elect to:
(1) Conduct performance tests according to procedures specified in
Sec.63.7520 in the common stack if affected units from other
subcategories vent to the common stack. The emission limits that the
group must comply with are determined by the use of Equation 6 of this
section.
[GRAPHIC] [TIFF OMITTED] TR31JA13.012

Where:
En = HAP emission limit, pounds per million British thermal units (lb/
MMBtu) or parts per million (ppm).
Eli = Appropriate emission limit from Table 2 to this subpart for unit
i, in units of lb/MMBtu or ppm.
Hi = Heat input from unit i, MMBtu.

(2) Conduct performance tests according to procedures specified in
Sec.63.7520 in the common stack. If affected units and non-affected
units vent to the common stack, the non-affected units must be shut down
or vented to a different stack during the performance test unless the
facility determines to demonstrate compliance with the non-affected
units venting to the stack; and
(3) Meet the applicable operating limit specified in Sec.63.7540
and Table 8 to this subpart for each emissions control system (except
that, if each unit venting to the common stack has an applicable opacity
operating limit, then a single continuous opacity monitoring system may
be located in the common stack instead of in each duct to the common
stack).
(k) The common stack of a group of two or more existing boilers or
process heaters in the same subcategories subject to paragraph (h) of
this section may be treated as a separate stack for purposes of
paragraph (b) of this section and included in an emissions averaging
group subject to paragraph (b) of this section.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7168, Jan. 31, 2013; 80
FR 72809, Nov. 20, 2015]

Sec.63.7525 What are my monitoring, installation, operation,
and maintenance requirements?

(a) If your boiler or process heater is subject to a CO emission
limit in Tables 1, 2, or 11 through 13 to this subpart, you must
install, operate, and maintain an oxygen analyzer system, as defined in
Sec.63.7575, or install, certify, operate and maintain continuous
emission monitoring systems for CO and oxygen (or carbon dioxide
(CO2)) according to the procedures in paragraphs (a)(1)
through (6) of this section.
(1) Install the CO CEMS and oxygen (or CO2) analyzer by
the compliance date specified in Sec.63.7495. The CO and oxygen (or
CO2) levels shall be monitored at the same location at the
outlet of the boiler or process heater. An owner or operator may request
an alternative test method under Sec.63.7 of this chapter, in order
that compliance with the CO emissions limit be determined using
CO2 as a diluent correction in place of oxygen at 3 percent.
EPA

[[Page 148]]

Method 19 F-factors and EPA Method 19 equations must be used to generate
the appropriate CO2 correction percentage for the fuel type
burned in the unit, and must also take into account that the 3 percent
oxygen correction is to be done on a dry basis. The alternative test
method request must account for any CO2 being added to, or
removed from, the emissions gas stream as a result of limestone
injection, scrubber media, etc.
(2) To demonstrate compliance with the applicable alternative CO
CEMS emission standard listed in Tables 1, 2, or 11 through 13 to this
subpart, you must install, certify, operate, and maintain a CO CEMS and
an oxygen analyzer according to the applicable procedures under
Performance Specification 4, 4A, or 4B at 40 CFR part 60, appendix B;
part 75 of this chapter (if an CO2 analyzer is used); the
site-specific monitoring plan developed according to Sec.63.7505(d);
and the requirements in Sec.63.7540(a)(8) and paragraph (a) of this
section. Any boiler or process heater that has a CO CEMS that is
compliant with Performance Specification 4, 4A, or 4B at 40 CFR part 60,
appendix B, a site-specific monitoring plan developed according to Sec.
63.7505(d), and the requirements in Sec.63.7540(a)(8) and paragraph
(a) of this section must use the CO CEMS to comply with the applicable
alternative CO CEMS emission standard listed in Tables 1, 2, or 11
through 13 to this subpart.
(i) You must conduct a performance evaluation of each CO CEMS
according to the requirements in Sec.63.8(e) and according to
Performance Specification 4, 4A, or 4B at 40 CFR part 60, appendix B.
(ii) During each relative accuracy test run of the CO CEMS, you must
be collect emission data for CO concurrently (or within a 30- to 60-
minute period) by both the CO CEMS and by Method 10, 10A, or 10B at 40
CFR part 60, appendix A-4. The relative accuracy testing must be at
representative operating conditions.
(iii) You must follow the quality assurance procedures (e.g.,
quarterly accuracy determinations and daily calibration drift tests) of
Procedure 1 of appendix F to part 60. The measurement span value of the
CO CEMS must be two times the applicable CO emission limit, expressed as
a concentration.
(iv) Any CO CEMS that does not comply with Sec.63.7525(a) cannot
be used to meet any requirement in this subpart to demonstrate
compliance with a CO emission limit listed in Tables 1, 2, or 11 through
13 to this subpart.
(v) For a new unit, complete the initial performance evaluation no
later than July 30, 2013, or 180 days after the date of initial startup,
whichever is later. For an existing unit, complete the initial
performance evaluation no later than July 29, 2016.
(vi) When CO2 is used to correct CO emissions and
CO2 is measured on a wet basis, correct for moisture as
follows: Install, operate, maintain, and quality assure a continuous
moisture monitoring system for measuring and recording the moisture
content of the flue gases, in order to correct the measured hourly
volumetric flow rates for moisture when calculating CO concentrations.
The following continuous moisture monitoring systems are acceptable: A
continuous moisture sensor; an oxygen analyzer (or analyzers) capable of
measuring O2 both on a wet basis and on a dry basis; or a
stack temperature sensor and a moisture look-up table, i.e., a
psychrometric chart (for saturated gas streams following wet scrubbers
or other demonstrably saturated gas streams, only). The moisture
monitoring system shall include as a component the automated data
acquisition and handling system (DAHS) for recording and reporting both
the raw data (e.g., hourly average wet-and dry basis O2
values) and the hourly average values of the stack gas moisture content
derived from those data. When a moisture look-up table is used, the
moisture monitoring system shall be represented as a single component,
the certified DAHS, in the monitoring plan for the unit or common stack.
(3) Complete a minimum of one cycle of CO and oxygen (or
CO2) CEMS operation (sampling, analyzing, and data recording)
for each successive 15-minute period. Collect CO and oxygen (or
CO2) data concurrently. Collect at least four CO and oxygen
(or CO2) CEMS data values representing the

[[Page 149]]

four 15-minute periods in an hour, or at least two 15-minute data values
during an hour when CEMS calibration, quality assurance, or maintenance
activities are being performed.
(4) Reduce the CO CEMS data as specified in Sec.63.8(g)(2).
(5) Calculate one-hour arithmetic averages, corrected to 3 percent
oxygen (or corrected to an CO2 percentage determined to be
equivalent to 3 percent oxygen) from each hour of CO CEMS data in parts
per million CO concentration. The one-hour arithmetic averages required
shall be used to calculate the 30-day or 10-day rolling average
emissions. Use Equation 19-19 in section 12.4.1 of Method 19 of 40 CFR
part 60, appendix A-7 for calculating the average CO concentration from
the hourly values.
(6) For purposes of collecting CO data, operate the CO CEMS as
specified in Sec.63.7535(b). You must use all the data collected
during all periods in calculating data averages and assessing
compliance, except that you must exclude certain data as specified in
Sec.63.7535(c). Periods when CO data are unavailable may constitute
monitoring deviations as specified in Sec.63.7535(d).
(7) Operate an oxygen trim system with the oxygen level set no lower
than the lowest hourly average oxygen concentration measured during the
most recent CO performance test as the operating limit for oxygen
according to Table 7 to this subpart.
(b) If your boiler or process heater is in the unit designed to burn
coal/solid fossil fuel subcategory or the unit designed to burn heavy
liquid subcategory and has an average annual heat input rate greater
than 250 MMBtu per hour from solid fossil fuel and/or heavy liquid, and
you demonstrate compliance with the PM limit instead of the alternative
TSM limit, you must install, maintain, and operate a PM CPMS monitoring
emissions discharged to the atmosphere and record the output of the
system as specified in paragraphs (b)(1) through (4) of this section. As
an alternative to use of a PM CPMS to demonstrate compliance with the PM
limit, you may choose to use a PM CEMS. If you choose to use a PM CEMS
to demonstrate compliance with the PM limit instead of the alternative
TSM limit, you must install, certify, maintain, and operate a PM CEMS
monitoring emissions discharged to the atmosphere and record the output
of the system as specified in paragraph (b)(5) through (8) of this
section. For other boilers or process heaters, you may elect to use a PM
CPMS or PM CEMS operated in accordance with this section in lieu of
using other CMS for monitoring PM compliance (e.g., bag leak detectors,
ESP secondary power, and PM scrubber pressure). Owners of boilers and
process heaters who elect to comply with the alternative TSM limit are
not required to install a PM CPMS.
(1) Install, operate, and maintain your PM CPMS according to the
procedures in your approved site-specific monitoring plan developed in
accordance with Sec.63.7505(d), the requirements in Sec.
63.7540(a)(9), and paragraphs (b)(1)(i) through (iii) of this section.
(i) The operating principle of the PM CPMS must be based on in-stack
or extractive light scatter, light scintillation, beta attenuation, or
mass accumulation detection of PM in the exhaust gas or representative
exhaust gas sample. The reportable measurement output from the PM CPMS
must be expressed as milliamps.
(ii) The PM CPMS must have a cycle time (i.e., period required to
complete sampling, measurement, and reporting for each measurement) no
longer than 60 minutes.
(iii) The PM CPMS must have a documented detection limit of 0.5
milligram per actual cubic meter, or less.
(2) For a new unit, complete the initial performance evaluation no
later than July 30, 2013, or 180 days after the date of initial startup,
whichever is later. For an existing unit, complete the initial
performance evaluation no later than July 29, 2016.
(3) Collect PM CPMS hourly average output data for all boiler or
process heater operating hours except as indicated in Sec.63.7535(a)
through (d). Express the PM CPMS output as milliamps.
(4) Calculate the arithmetic 30-day rolling average of all of the
hourly average PM CPMS output data collected during all boiler or
process heater operating hours (milliamps).

[[Page 150]]

(5) Install, certify, operate, and maintain your PM CEMS according
to the procedures in your approved site-specific monitoring plan
developed in accordance with Sec.63.7505(d), the requirements in Sec.
63.7540(a)(9), and paragraphs (b)(5)(i) through (iv) of this section.
(i) You shall conduct a performance evaluation of the PM CEMS
according to the applicable requirements of Sec.60.8(e), and
Performance Specification 11 at 40 CFR part 60, appendix B of this
chapter.
(ii) During each PM correlation testing run of the CEMS required by
Performance Specification 11 at 40 CFR part 60, appendix B of this
chapter, you shall collect PM and oxygen (or carbon dioxide) data
concurrently (or within a 30-to 60-minute period) by both the CEMS and
conducting performance tests using Method 5 at 40 CFR part 60, appendix
A-3 or Method 17 at 40 CFR part 60, appendix A-6 of this chapter.
(iii) You shall perform quarterly accuracy determinations and daily
calibration drift tests in accordance with Procedure 2 at 40 CFR part
60, appendix F of this chapter. You must perform Relative Response
Audits annually and perform Response Correlation Audits every 3 years.
(iv) Within 60 days after the date of completing each CEMS relative
accuracy test audit or performance test conducted to demonstrate
compliance with this subpart, you must submit the relative accuracy test
audit data and performance test data to the EPA by successfully
submitting the data electronically into the EPA's Central Data Exchange
by using the Electronic Reporting Tool (see http://www.epa.gov/ttn/
chief/ert/erttool.html/).
(6) For a new unit, complete the initial performance evaluation no
later than July 30, 2013, or 180 days after the date of initial startup,
whichever is later. For an existing unit, complete the initial
performance evaluation no later than July 29, 2016.
(7) Collect PM CEMS hourly average output data for all boiler or
process heater operating hours except as indicated in Sec.63.7535(a)
through (d).
(8) Calculate the arithmetic 30-day rolling average of all of the
hourly average PM CEMS output data collected during all boiler or
process heater operating hours.
(c) If you have an applicable opacity operating limit in this rule,
and are not otherwise required or elect to install and operate a PM
CPMS, PM CEMS, or a bag leak detection system, you must install,
operate, certify and maintain each COMS according to the procedures in
paragraphs (c)(1) through (7) of this section by the compliance date
specified in Sec.63.7495.
(1) Each COMS must be installed, operated, and maintained according
to Performance Specification 1 at appendix B to part 60 of this chapter.
(2) You must conduct a performance evaluation of each COMS according
to the requirements in Sec.63.8(e) and according to Performance
Specification 1 at appendix B to part 60 of this chapter.
(3) As specified in Sec.63.8(c)(4)(i), each COMS must complete a
minimum of one cycle of sampling and analyzing for each successive 10-
second period and one cycle of data recording for each successive 6-
minute period.
(4) The COMS data must be reduced as specified in Sec.63.8(g)(2).
(5) You must include in your site-specific monitoring plan
procedures and acceptance criteria for operating and maintaining each
COMS according to the requirements in Sec.63.8(d). At a minimum, the
monitoring plan must include a daily calibration drift assessment, a
quarterly performance audit, and an annual zero alignment audit of each
COMS.
(6) You must operate and maintain each COMS according to the
requirements in the monitoring plan and the requirements of Sec.
63.8(e). You must identify periods the COMS is out of control including
any periods that the COMS fails to pass a daily calibration drift
assessment, a quarterly performance audit, or an annual zero alignment
audit. Any 6-minute period for which the monitoring system is out of
control and data are not available for a required calculation
constitutes a deviation from the monitoring requirements.
(7) You must determine and record all the 6-minute averages (and
daily block averages as applicable) collected

[[Page 151]]

for periods during which the COMS is not out of control.
(d) If you have an operating limit that requires the use of a CMS
other than a PM CPMS or COMS, you must install, operate, and maintain
each CMS according to the procedures in paragraphs (d)(1) through (5) of
this section by the compliance date specified in Sec.63.7495.
(1) The CPMS must complete a minimum of one cycle of operation every
15-minutes. You must have a minimum of four successive cycles of
operation, one representing each of the four 15-minute periods in an
hour, to have a valid hour of data.
(2) You must operate the monitoring system as specified in Sec.
63.7535(b), and comply with the data calculation requirements specified
in Sec.63.7535(c).
(3) Any 15-minute period for which the monitoring system is out-of-
control and data are not available for a required calculation
constitutes a deviation from the monitoring requirements. Other
situations that constitute a monitoring deviation are specified in Sec.
63.7535(d).
(4) You must determine the 30-day rolling average of all recorded
readings, except as provided in Sec.63.7535(c).
(5) You must record the results of each inspection, calibration, and
validation check.
(e) If you have an operating limit that requires the use of a flow
monitoring system, you must meet the requirements in paragraphs (d) and
(e)(1) through (4) of this section.
(1) You must install the flow sensor and other necessary equipment
in a position that provides a representative flow.
(2) You must use a flow sensor with a measurement sensitivity of no
greater than 2 percent of the design flow rate.
(3) You must minimize, consistent with good engineering practices,
the effects of swirling flow or abnormal velocity distributions due to
upstream and downstream disturbances.
(4) You must conduct a flow monitoring system performance evaluation
in accordance with your monitoring plan at the time of each performance
test but no less frequently than annually.
(f) If you have an operating limit that requires the use of a
pressure monitoring system, you must meet the requirements in paragraphs
(d) and (f)(1) through (6) of this section.
(1) Install the pressure sensor(s) in a position that provides a
representative measurement of the pressure (e.g., PM scrubber pressure
drop).
(2) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion consistent with good engineering
practices.
(3) Use a pressure sensor with a minimum tolerance of 1.27
centimeters of water or a minimum tolerance of 1 percent of the pressure
monitoring system operating range, whichever is less.
(4) Perform checks at least once each process operating day to
ensure pressure measurements are not obstructed (e.g., check for
pressure tap pluggage daily).
(5) Conduct a performance evaluation of the pressure monitoring
system in accordance with your monitoring plan at the time of each
performance test but no less frequently than annually.
(6) If at any time the measured pressure exceeds the manufacturer's
specified maximum operating pressure range, conduct a performance
evaluation of the pressure monitoring system in accordance with your
monitoring plan and confirm that the pressure monitoring system
continues to meet the performance requirements in you monitoring plan.
Alternatively, install and verify the operation of a new pressure
sensor.
(g) If you have an operating limit that requires a pH monitoring
system, you must meet the requirements in paragraphs (d) and (g)(1)
through (4) of this section.
(1) Install the pH sensor in a position that provides a
representative measurement of scrubber effluent pH.
(2) Ensure the sample is properly mixed and representative of the
fluid to be measured.
(3) Calibrate the pH monitoring system in accordance with your
monitoring plan and according to the manufacturer's instructions. Clean
the pH

[[Page 152]]

probe at least once each process operating day. Maintain on-site
documentation that your calibration frequency is sufficient to maintain
the specified accuracy of your device.
(4) Conduct a performance evaluation (including a two-point
calibration with one of the two buffer solutions having a pH within 1 of
the pH of the operating limit) of the pH monitoring system in accordance
with your monitoring plan at the time of each performance test but no
less frequently than annually.
(h) If you have an operating limit that requires a secondary
electric power monitoring system for an electrostatic precipitator (ESP)
operated with a wet scrubber, you must meet the requirements in
paragraphs (h)(1) and (2) of this section.
(1) Install sensors to measure (secondary) voltage and current to
the precipitator collection plates.
(2) Conduct a performance evaluation of the electric power
monitoring system in accordance with your monitoring plan at the time of
each performance test but no less frequently than annually.
(i) If you have an operating limit that requires the use of a
monitoring system to measure sorbent injection rate (e.g., weigh belt,
weigh hopper, or hopper flow measurement device), you must meet the
requirements in paragraphs (d) and (i)(1) through (2) of this section.
(1) Install the system in a position(s) that provides a
representative measurement of the total sorbent injection rate.
(2) Conduct a performance evaluation of the sorbent injection rate
monitoring system in accordance with your monitoring plan at the time of
each performance test but no less frequently than annually.
(j) If you are not required to use a PM CPMS and elect to use a
fabric filter bag leak detection system to comply with the requirements
of this subpart, you must install, calibrate, maintain, and continuously
operate the bag leak detection system as specified in paragraphs (j)(1)
through (6) of this section.
(1) You must install a bag leak detection sensor(s) in a position(s)
that will be representative of the relative or absolute PM loadings for
each exhaust stack, roof vent, or compartment (e.g., for a positive
pressure fabric filter) of the fabric filter.
(2) Conduct a performance evaluation of the bag leak detection
system in accordance with your monitoring plan and consistent with the
guidance provided in EPA-454/R-98-015 (incorporated by reference, see
Sec.63.14).
(3) Use a bag leak detection system certified by the manufacturer to
be capable of detecting PM emissions at concentrations of 10 milligrams
per actual cubic meter or less.
(4) Use a bag leak detection system equipped with a device to record
continuously the output signal from the sensor.
(5) Use a bag leak detection system equipped with a system that will
alert plant operating personnel when an increase in relative PM
emissions over a preset level is detected. The alert must easily
recognizable (e.g., heard or seen) by plant operating personnel.
(6) Where multiple bag leak detectors are required, the system's
instrumentation and alert may be shared among detectors.
(k) For each unit that meets the definition of limited-use boiler or
process heater, you must keep fuel use records for the days the boiler
or process heater was operating.
(l) For each unit for which you decide to demonstrate compliance
with the mercury or HCl emissions limits in Tables 1 or 2 or 11 through
13 of this subpart by use of a CEMS for mercury or HCl, you must
install, certify, maintain, and operate a CEMS measuring emissions
discharged to the atmosphere and record the output of the system as
specified in paragraphs (l)(1) through (8) of this section. For HCl,
this option for an affected unit takes effect on the date a final
performance specification for a HCl CEMS is published in the Federal
Register or the date of approval of a site-specific monitoring plan.
(1) Notify the Administrator one month before starting use of the
CEMS, and notify the Administrator one month before stopping use of the
CEMS.

[[Page 153]]

(2) Each CEMS shall be installed, certified, operated, and
maintained according to the requirements in Sec.63.7540(a)(14) for a
mercury CEMS and Sec.63.7540(a)(15) for a HCl CEMS.
(3) For a new unit, you must complete the initial performance
evaluation of the CEMS by the latest of the dates specified in paragraph
(l)(3)(i) through (iii) of this section.
(i) No later than July 30, 2013.
(ii) No later 180 days after the date of initial startup.
(iii) No later 180 days after notifying the Administrator before
starting to use the CEMS in place of performance testing or fuel
analysis to demonstrate compliance.
(4) For an existing unit, you must complete the initial performance
evaluation by the latter of the two dates specified in paragraph
(l)(4)(i) and (ii) of this section.
(i) No later than July 29, 2016.
(ii) No later 180 days after notifying the Administrator before
starting to use the CEMS in place of performance testing or fuel
analysis to demonstrate compliance.
(5) Compliance with the applicable emissions limit shall be
determined based on the 30-day rolling average of the hourly arithmetic
average emissions rates using the continuous monitoring system outlet
data. The 30-day rolling arithmetic average emission rate (lb/MMBtu)
shall be calculated using the equations in EPA Reference Method 19 at 40
CFR part 60, appendix A-7, but substituting the mercury or HCl
concentration for the pollutant concentrations normally used in Method
19.
(6) Collect CEMS hourly averages for all operating hours on a 30-day
rolling average basis. Collect at least four CMS data values
representing the four 15-minute periods in an hour, or at least two 15-
minute data values during an hour when CMS calibration, quality
assurance, or maintenance activities are being performed.
(7) The one-hour arithmetic averages required shall be expressed in
lb/MMBtu and shall be used to calculate the boiler 30-day and 10-day
rolling average emissions.
(8) You are allowed to substitute the use of the PM, mercury or HCl
CEMS for the applicable fuel analysis, annual performance test, and
operating limits specified in Table 4 to this subpart to demonstrate
compliance with the PM, mercury or HCl emissions limit, and if you are
using an acid gas wet scrubber or dry sorbent injection control
technology to comply with the HCl emission limit, you are allowed to
substitute the use of a sulfur dioxide (SO2) CEMS for the
applicable fuel analysis, annual performance test, and operating limits
specified in Table 4 to this subpart to demonstrate compliance with HCl
emissions limit.
(m) If your unit is subject to a HCl emission limit in Tables 1, 2,
or 11 through 13 of this subpart and you have an acid gas wet scrubber
or dry sorbent injection control technology and you elect to use an
SO2 CEMS to demonstrate continuous compliance with the HCl
emission limit, you must install the monitor at the outlet of the boiler
or process heater, downstream of all emission control devices, and you
must install, certify, operate, and maintain the CEMS according to
either part 60 or part 75 of this chapter.
(1) The SO2 CEMS must be installed by the compliance date
specified in Sec.63.7495.
(2) For on-going quality assurance (QA), the SO2 CEMS
must meet either the applicable daily and quarterly requirements in
Procedure 1 of appendix F of part 60 or the applicable daily, quarterly,
and semiannual or annual requirements in sections 2.1 through 2.3 of
appendix B to part 75 of this chapter, with the following addition: You
must perform the linearity checks required in section 2.2 of appendix B
to part 75 of this chapter if the SO2 CEMS has a span value
of 30 ppm or less.
(3) For a new unit, the initial performance evaluation shall be
completed no later than July 30, 2013, or 180 days after the date of
initial startup, whichever is later. For an existing unit, the initial
performance evaluation shall be completed no later than July 29, 2016.
(4) For purposes of collecting SO2 data, you must operate
the SO2 CEMS as specified in Sec.63.7535(b). You must use
all the data collected during all periods in calculating data averages
and assessing compliance, except that you

[[Page 154]]

must exclude certain data as specified in Sec.63.7535(c). Periods when
SO2 data are unavailable may constitute monitoring deviations
as specified in Sec.63.7535(d).
(5) Collect CEMS hourly averages for all operating hours on a 30-day
rolling average basis.
(6) Use only unadjusted, quality-assured SO2
concentration values in the emissions calculations; do not apply bias
adjustment factors to the part 75 SO2 data and do not use
part 75 substitute data values.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7171, Jan. 31, 2013; 80
FR 72810, Nov. 20, 2015]

Sec.63.7530 How do I demonstrate initial compliance with the emission
limitations, fuel specifications and work practice standards?

(a) You must demonstrate initial compliance with each emission limit
that applies to you by conducting initial performance tests and fuel
analyses and establishing operating limits, as applicable, according to
Sec.63.7520, paragraphs (b) and (c) of this section, and Tables 5 and
7 to this subpart. The requirement to conduct a fuel analysis is not
applicable for units that burn a single type of fuel, as specified by
Sec.63.7510(a)(2). If applicable, you must also install, operate, and
maintain all applicable CMS (including CEMS, COMS, and CPMS) according
to Sec.63.7525.
(b) If you demonstrate compliance through performance stack testing,
you must establish each site-specific operating limit in Table 4 to this
subpart that applies to you according to the requirements in Sec.
63.7520, Table 7 to this subpart, and paragraph (b)(4) of this section,
as applicable. You must also conduct fuel analyses according to Sec.
63.7521 and establish maximum fuel pollutant input levels according to
paragraphs (b)(1) through (3) of this section, as applicable, and as
specified in Sec.63.7510(a)(2). (Note that Sec.63.7510(a)(2) exempts
certain fuels from the fuel analysis requirements.) However, if you
switch fuel(s) and cannot show that the new fuel(s) does (do) not
increase the chlorine, mercury, or TSM input into the unit through the
results of fuel analysis, then you must repeat the performance test to
demonstrate compliance while burning the new fuel(s).
(1) You must establish the maximum chlorine fuel input (Clinput)
during the initial fuel analysis according to the procedures in
paragraphs (b)(1)(i) through (iii) of this section.
(i) You must determine the fuel type or fuel mixture that you could
burn in your boiler or process heater that has the highest content of
chlorine.
(ii) During the fuel analysis for hydrogen chloride, you must
determine the fraction of the total heat input for each fuel type burned
(Qi) based on the fuel mixture that has the highest content of chlorine,
and the average chlorine concentration of each fuel type burned (Ci).
(iii) You must establish a maximum chlorine input level using
Equation 7 of this section.
[GRAPHIC] [TIFF OMITTED] TR21MR11.006

Where:

Clinput = Maximum amount of chlorine entering the boiler or process
heater through fuels burned in units of pounds per million
Btu.
Ci = Arithmetic average concentration of chlorine in fuel type, i,
analyzed according to Sec.63.7521, in units of pounds per
million Btu.
Qi = Fraction of total heat input from fuel type, i, based on the fuel
mixture that has the highest content of chlorine during the
initial compliance test. If you do not burn multiple fuel
types during the performance testing, it is not necessary to
determine the value of this term. Insert a value of ``1'' for
Qi. For continuous compliance demonstration, the actual
fraction of the fuel burned during the month should be used.

[[Page 155]]

n = Number of different fuel types burned in your boiler or process
heater for the mixture that has the highest content of
chlorine.

(2) You must establish the maximum mercury fuel input level
(Mercuryinput) during the initial fuel analysis using the procedures in
paragraphs (b)(2)(i) through (iii) of this section.
(i) You must determine the fuel type or fuel mixture that you could
burn in your boiler or process heater that has the highest content of
mercury.
(ii) During the compliance demonstration for mercury, you must
determine the fraction of total heat input for each fuel burned (Qi)
based on the fuel mixture that has the highest content of mercury, and
the average mercury concentration of each fuel type burned (HGi).
(iii) You must establish a maximum mercury input level using
Equation 8 of this section.
[GRAPHIC] [TIFF OMITTED] TR21MR11.007

Where:

Mercuryinput = Maximum amount of mercury entering the boiler or process
heater through fuels burned in units of pounds per million
Btu.
HGi = Arithmetic average concentration of mercury in fuel type, i,
analyzed according to Sec.63.7521, in units of pounds per
million Btu.
Qi = Fraction of total heat input from fuel type, i, based on the fuel
mixture that has the highest mercury content during the
initial compliance test. If you do not burn multiple fuel
types during the performance test, it is not necessary to
determine the value of this term. Insert a value of ``1'' for
Qi. For continuous compliance demonstration, the actual
fraction of the fuel burned during the month should be used.
n = Number of different fuel types burned in your boiler or process
heater for the mixture that has the highest content of
mercury.

(3) If you opt to comply with the alternative TSM limit, you must
establish the maximum TSM fuel input (TSMinput) for solid or liquid
fuels during the initial fuel analysis according to the procedures in
paragraphs (b)(3)(i) through (iii) of this section.
(i) You must determine the fuel type or fuel mixture that you could
burn in your boiler or process heater that has the highest content of
TSM.
(ii) During the fuel analysis for TSM, you must determine the
fraction of the total heat input for each fuel type burned (Qi) based on
the fuel mixture that has the highest content of TSM, and the average
TSM concentration of each fuel type burned (TSMi).
(iii) You must establish a maximum TSM input level using Equation 9
of this section.
[GRAPHIC] [TIFF OMITTED] TR31JA13.013

Where:

TSMinput = Maximum amount of TSM entering the boiler or process heater
through fuels burned in units of pounds per million Btu.
TSMi = Arithmetic average concentration of TSM in fuel type, i, analyzed
according to Sec.63.7521, in units of pounds per million
Btu.
Qi = Fraction of total heat input from fuel type, i, based on the fuel
mixture that has the highest content of TSM during the initial
compliance test. If you do not burn multiple fuel types during
the performance testing, it is not necessary to determine the
value of this term. Insert a value of ``1'' for Qi. For
continuous compliance demonstration, the actual

[[Page 156]]

fraction of the fuel burned during the month should be used.
n = Number of different fuel types burned in your boiler or process
heater for the mixture that has the highest content of TSM.

(4) You must establish parameter operating limits according to
paragraphs (b)(4)(i) through (ix) of this section. As indicated in Table
4 to this subpart, you are not required to establish and comply with the
operating parameter limits when you are using a CEMS to monitor and
demonstrate compliance with the applicable emission limit for that
control device parameter.
(i) For a wet acid gas scrubber, you must establish the minimum
scrubber effluent pH and liquid flow rate as defined in Sec.63.7575,
as your operating limits during the performance test during which you
demonstrate compliance with your applicable limit. If you use a wet
scrubber and you conduct separate performance tests for HCl and mercury
emissions, you must establish one set of minimum scrubber effluent pH,
liquid flow rate, and pressure drop operating limits. The minimum
scrubber effluent pH operating limit must be established during the HCl
performance test. If you conduct multiple performance tests, you must
set the minimum liquid flow rate operating limit at the higher of the
minimum values established during the performance tests.
(ii) For any particulate control device (e.g., ESP, particulate wet
scrubber, fabric filter) for which you use a PM CPMS, you must establish
your PM CPMS operating limit and determine compliance with it according
to paragraphs (b)(4)(ii)(A) through (F) of this section.
(A) Determine your operating limit as the average PM CPMS output
value recorded during the most recent performance test run demonstrating
compliance with the filterable PM emission limit or at the PM CPMS
output value corresponding to 75 percent of the emission limit if your
PM performance test demonstrates compliance below 75 percent of the
emission limit. You must verify an existing or establish a new operating
limit after each repeated performance test. You must repeat the
performance test annually and reassess and adjust the site-specific
operating limit in accordance with the results of the performance test.
(1) Your PM CPMS must provide a 4-20 milliamp output and the
establishment of its relationship to manual reference method
measurements must be determined in units of milliamps.
(2) Your PM CPMS operating range must be capable of reading PM
concentrations from zero to a level equivalent to at least two times
your allowable emission limit. If your PM CPMS is an auto-ranging
instrument capable of multiple scales, the primary range of the
instrument must be capable of reading PM concentration from zero to a
level equivalent to two times your allowable emission limit.
(3) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, record
and average all milliamp output values from the PM CPMS for the periods
corresponding to the compliance test runs (e.g., average all your PM
CPMS output values for three corresponding 2-hour Method 5I test runs).
(B) If the average of your three PM performance test runs are below
75 percent of your PM emission limit, you must calculate an operating
limit by establishing a relationship of PM CPMS signal to PM
concentration using the PM CPMS instrument zero, the average PM CPMS
values corresponding to the three compliance test runs, and the average
PM concentration from the Method 5 or performance test with the
procedures in paragraphs (b)(4)(ii)(B)(1) through (4) of this section.
(1) Determine your instrument zero output with one of the following
procedures:
(i) Zero point data for in-situ instruments should be obtained by
removing the instrument from the stack and monitoring ambient air on a
test bench.
(ii) Zero point data for extractive instruments should be obtained
by removing the extractive probe from the stack and drawing in clean
ambient air.
(iii) The zero point may also be established by performing manual
reference method measurements when the flue gas is free of PM emissions
or contains

[[Page 157]]

very low PM concentrations (e.g., when your process is not operating,
but the fans are operating or your source is combusting only natural
gas) and plotting these with the compliance data to find the zero
intercept.
(iv) If none of the steps in paragraphs (b)(4)(ii)(B)(1)(i) through
(iii) of this section are possible, you must use a zero output value
provided by the manufacturer.
(2) Determine your PM CPMS instrument average in milliamps, and the
average of your corresponding three PM compliance test runs, using
equation 10.
[GRAPHIC] [TIFF OMITTED] TR31JA13.014

Where:

X1 = the PM CPMS data points for the three runs constituting
the performance test,
Y1 = the PM concentration value for the three runs
constituting the performance test, and
n = the number of data points.

(3) With your instrument zero expressed in milliamps, your three run
average PM CPMS milliamp value, and your three run average PM
concentration from your three compliance tests, determine a relationship
of lb/MMBtu per milliamp with equation 11.
[GRAPHIC] [TIFF OMITTED] TR31JA13.015

Where:

R = the relative lb/MMBtu per milliamp for your PM CPMS,
Y1 = the three run average lb/MMBtu PM concentration,
X1 = the three run average milliamp output from you PM CPMS,
and
z = the milliamp equivalent of your instrument zero determined from
(B)(i).

(4) Determine your source specific 30-day rolling average operating
limit using the lb/MMBtu per milliamp value from Equation 11 in equation
12, below. This sets your operating limit at the PM CPMS output value
corresponding to 75 percent of your emission limit.
[GRAPHIC] [TIFF OMITTED] TR31JA13.016

Where:

Ol = the operating limit for your PM CPMS on a 30-day rolling
average, in milliamps.
L = your source emission limit expressed in lb/MMBtu,
z = your instrument zero in milliamps, determined from (B)(i), and
R = the relative lb/MMBtu per milliamp for your PM CPMS, from Equation
11.

(C) If the average of your three PM compliance test runs is at or
above 75 percent of your PM emission limit you must determine your 30-
day rolling average operating limit by averaging the PM CPMS milliamp
output corresponding to your three PM performance test runs that
demonstrate compliance with the emission limit using equation 13 and you
must submit all compliance test and PM CPMS data according to the
reporting requirements in paragraph (b)(4)(ii)(F) of this section.

[[Page 158]]

[GRAPHIC] [TIFF OMITTED] TR31JA13.017

Where:

X1 = the PM CPMS data points for all runs i,
n = the number of data points, and
Oh = your site specific operating limit, in milliamps.

(D) To determine continuous compliance, you must record the PM CPMS
output data for all periods when the process is operating and the PM
CPMS is not out-of-control. You must demonstrate continuous compliance
by using all quality-assured hourly average data collected by the PM
CPMS for all operating hours to calculate the arithmetic average
operating parameter in units of the operating limit (milliamps) on a 30-
day rolling average basis, updated at the end of each new operating
hour. Use Equation 14 to determine the 30-day rolling average.
[GRAPHIC] [TIFF OMITTED] TR31JA13.018

Where:

30-day = 30-day average.
Hpvi = is the hourly parameter value for hour i
n = is the number of valid hourly parameter values collected over the
previous 30 operating days.

(E) Use EPA Method 5 of appendix A to part 60 of this chapter to
determine PM emissions. For each performance test, conduct three
separate runs under the conditions that exist when the affected source
is operating at the highest load or capacity level reasonably expected
to occur. Conduct each test run to collect a minimum sample volume
specified in Tables 1, 2, or 11 through 13 to this subpart, as
applicable, for determining compliance with a new source limit or an
existing source limit. Calculate the average of the results from three
runs to determine compliance. You need not determine the PM collected in
the impingers (``back half'') of the Method 5 particulate sampling train
to demonstrate compliance with the PM standards of this subpart. This
shall not preclude the permitting authority from requiring a
determination of the ``back half'' for other purposes.
(F) For PM performance test reports used to set a PM CPMS operating
limit, the electronic submission of the test report must also include
the make and model of the PM CPMS instrument, serial number of the
instrument, analytical principle of the instrument (e.g. beta
attenuation), span of the instruments primary analytical range, milliamp
value equivalent to the instrument zero output, technique by which this
zero value was determined, and the average milliamp signals
corresponding to each PM compliance test run.
(iii) For a particulate wet scrubber, you must establish the minimum
pressure drop and liquid flow rate as defined in Sec.63.7575, as your
operating limits during the three-run performance test during which you
demonstrate compliance with your applicable limit. If you use a wet
scrubber and you conduct separate performance tests for PM and TSM
emissions, you must establish one set of minimum scrubber liquid flow
rate and pressure drop operating limits. The minimum scrubber effluent
pH operating limit must be established during the HCl performance test.
If you conduct multiple performance tests, you must set the minimum
liquid flow

[[Page 159]]

rate and pressure drop operating limits at the higher of the minimum
values established during the performance tests.
(iv) For an electrostatic precipitator (ESP) operated with a wet
scrubber, you must establish the minimum total secondary electric power
input, as defined in Sec.63.7575, as your operating limit during the
three-run performance test during which you demonstrate compliance with
your applicable limit. (These operating limits do not apply to ESP that
are operated as dry controls without a wet scrubber.)
(v) For a dry scrubber, you must establish the minimum sorbent
injection rate for each sorbent, as defined in Sec.63.7575, as your
operating limit during the three-run performance test during which you
demonstrate compliance with your applicable limit.
(vi) For activated carbon injection, you must establish the minimum
activated carbon injection rate, as defined in Sec.63.7575, as your
operating limit during the three-run performance test during which you
demonstrate compliance with your applicable limit.
(vii) The operating limit for boilers or process heaters with fabric
filters that demonstrate continuous compliance through bag leak
detection systems is that a bag leak detection system be installed
according to the requirements in Sec.63.7525, and that each fabric
filter must be operated such that the bag leak detection system alert is
not activated more than 5 percent of the operating time during a 6-month
period.
(viii) For a minimum oxygen level, if you conduct multiple
performance tests, you must set the minimum oxygen level at the lower of
the minimum values established during the performance tests.
(ix) The operating limit for boilers or process heaters that
demonstrate continuous compliance with the HCl emission limit using a
SO2 CEMS is to install and operate the SO2
according to the requirements in Sec.63.7525(m) establish a maximum
SO2 emission rate equal to the highest hourly average
SO2 measurement during the most recent three-run performance
test for HCl.
(c) If you elect to demonstrate compliance with an applicable
emission limit through fuel analysis, you must conduct fuel analyses
according to Sec.63.7521 and follow the procedures in paragraphs
(c)(1) through (5) of this section.
(1) If you burn more than one fuel type, you must determine the fuel
mixture you could burn in your boiler or process heater that would
result in the maximum emission rates of the pollutants that you elect to
demonstrate compliance through fuel analysis.
(2) You must determine the 90th percentile confidence level fuel
pollutant concentration of the composite samples analyzed for each fuel
type using the one-sided t-statistic test described in Equation 15 of
this section.
[GRAPHIC] [TIFF OMITTED] TR31JA13.019

Where:

P90 = 90th percentile confidence level pollutant concentration, in
pounds per million Btu.
Mean = Arithmetic average of the fuel pollutant concentration in the
fuel samples analyzed according to Sec.63.7521, in units of
pounds per million Btu.
SD = Standard deviation of the mean of pollutant concentration in the
fuel samples analyzed according to Sec.63.7521, in units of
pounds per million Btu. SD is calculated as the sample
standard deviation divided by the square root of the number of
samples.
t = t distribution critical value for 90th percentile (t0.1)
probability for the appropriate degrees of freedom (number of
samples minus one) as obtained from a t-Distribution Critical
Value Table.

(3) To demonstrate compliance with the applicable emission limit for
HCl, the HCl emission rate that you calculate for your boiler or process
heater using Equation 16 of this section must not exceed the applicable
emission limit for HCl.

[[Page 160]]

[GRAPHIC] [TIFF OMITTED] TR31JA13.020

Where:

HCl = HCl emission rate from the boiler or process heater in units of
pounds per million Btu.
Ci90 = 90th percentile confidence level concentration of chlorine in
fuel type, i, in units of pounds per million Btu as calculated
according to Equation 15 of this section.
Qi = Fraction of total heat input from fuel type, i, based on the fuel
mixture that has the highest content of chlorine. If you do
not burn multiple fuel types, it is not necessary to determine
the value of this term. Insert a value of ``1'' for Qi. For
continuous compliance demonstration, the actual fraction of
the fuel burned during the month should be used.
n = Number of different fuel types burned in your boiler or process
heater for the mixture that has the highest content of
chlorine.
1.028 = Molecular weight ratio of HCl to chlorine.

(4) To demonstrate compliance with the applicable emission limit for
mercury, the mercury emission rate that you calculate for your boiler or
process heater using Equation 17 of this section must not exceed the
applicable emission limit for mercury.
[GRAPHIC] [TIFF OMITTED] TR31JA13.021

Where:

Mercury = Mercury emission rate from the boiler or process heater in
units of pounds per million Btu.
Hgi90 = 90th percentile confidence level concentration of mercury in
fuel, i, in units of pounds per million Btu as calculated
according to Equation 15 of this section.
Qi = Fraction of total heat input from fuel type, i, based on the fuel
mixture that has the highest mercury content. If you do not
burn multiple fuel types, it is not necessary to determine the
value of this term. Insert a value of ``1'' for Qi. For
continuous compliance demonstration, the actual fraction of
the fuel burned during the month should be used.
n = Number of different fuel types burned in your boiler or process
heater for the mixture that has the highest mercury content.

(5) To demonstrate compliance with the applicable emission limit for
TSM for solid or liquid fuels, the TSM emission rate that you calculate
for your boiler or process heater from solid fuels using Equation 18 of
this section must not exceed the applicable emission limit for TSM.
[GRAPHIC] [TIFF OMITTED] TR31JA13.022

Where:

Metals = TSM emission rate from the boiler or process heater in units of
pounds per million Btu.
TSMi90 = 90th percentile confidence level concentration of TSM in fuel,
i, in units of pounds per million Btu as calculated according
to Equation 15 of this section.
Qi = Fraction of total heat input from fuel type, i, based on the fuel
mixture that has the highest TSM content. If you do not burn
multiple fuel types, it is not necessary to determine the
value of this term. Insert a value of ``1'' for Qi. For
continuous compliance demonstration, the actual fraction of
the fuel burned during the month should be used.

[[Page 161]]

n = Number of different fuel types burned in your boiler or process
heater for the mixture that has the highest TSM content.

(d)[Reserved]
(e) You must include with the Notification of Compliance Status a
signed certification that either the energy assessment was completed
according to Table 3 to this subpart, and that the assessment is an
accurate depiction of your facility at the time of the assessment, or
that the maximum number of on-site technical hours specified in the
definition of energy assessment applicable to the facility has been
expended.
(f) You must submit the Notification of Compliance Status containing
the results of the initial compliance demonstration according to the
requirements in Sec.63.7545(e).
(g) If you elect to demonstrate that a gaseous fuel meets the
specifications of another gas 1 fuel as defined in Sec.63.7575, you
must conduct an initial fuel specification analyses according to Sec.
63.7521(f) through (i) and according to the frequency listed in Sec.
63.7540(c) and maintain records of the results of the testing as
outlined in Sec.63.7555(g). For samples where the initial mercury
specification has not been exceeded, you will include a signed
certification with the Notification of Compliance Status that the
initial fuel specification test meets the gas specification outlined in
the definition of other gas 1 fuels.
(h) If you own or operate a unit subject to emission limits in
Tables 1 or 2 or 11 through 13 to this subpart, you must meet the work
practice standard according to Table 3 of this subpart. During startup
and shutdown, you must only follow the work practice standards according
to items 5 and 6 of Table 3 of this subpart.
(i) If you opt to comply with the alternative SO2 CEMS
operating limit in Tables 4 and 8 to this subpart, you may do so only if
your affected boiler or process heater:
(1) Has a system using wet scrubber or dry sorbent injection and
SO2 CEMS installed on the unit; and
(2) At all times, you operate the wet scrubber or dry sorbent
injection for acid gas control on the unit consistent with Sec.
63.7500(a)(3); and
(3) You establish a unit-specific maximum SO2 operating
limit by collecting the maximum hourly SO2 emission rate on
the SO2 CEMS during the paired 3-run test for HCl. The
maximum SO2 operating limit is equal to the highest hourly
average SO2 concentration measured during the HCl performance
test.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7174, Jan. 31, 2013; 80
FR 72811, Nov. 20, 2015]

Sec.63.7533 Can I use efficiency credits earned from implementation
of energy conservation measures to comply with this subpart?

(a) If you elect to comply with the alternative equivalent output-
based emission limits, instead of the heat input-based limits listed in
Table 2 to this subpart, and you want to take credit for implementing
energy conservation measures identified in an energy assessment, you may
demonstrate compliance using efficiency credits according to the
procedures in this section. You may use this compliance approach for an
existing affected boiler for demonstrating initial compliance according
to Sec.63.7522(e) and for demonstrating monthly compliance according
to Sec.63.7522(f). Owners or operators using this compliance approach
must establish an emissions benchmark, calculate and document the
efficiency credits, develop an Implementation Plan, comply with the
general reporting requirements, and apply the efficiency credit
according to the procedures in paragraphs (b) through (f) of this
section. You cannot use this compliance approach for a new or
reconstructed affected boiler. Additional guidance from the Department
of Energy on efficiency credits is available at: http://www.epa.gov/ttn/
atw/boiler/boilerpg.html.
(b) For each existing affected boiler for which you intend to apply
emissions credits, establish a benchmark from which emission reduction
credits may be generated by determining the actual annual fuel heat
input to the affected boiler before initiation of an energy conservation
activity to reduce energy demand (i.e., fuel usage) according to
paragraphs (b)(1) through (4) of this section. The benchmark shall be

[[Page 162]]

expressed in trillion Btu per year heat input.
(1) The benchmark from which efficiency credits may be generated
shall be determined by using the most representative, accurate, and
reliable process available for the source. The benchmark shall be
established for a one-year period before the date that an energy demand
reduction occurs, unless it can be demonstrated that a different time
period is more representative of historical operations.
(2) Determine the starting point from which to measure progress.
Inventory all fuel purchased and generated on-site (off-gases, residues)
in physical units (MMBtu, million cubic feet, etc.).
(3) Document all uses of energy from the affected boiler. Use the
most recent data available.
(4) Collect non-energy related facility and operational data to
normalize, if necessary, the benchmark to current operations, such as
building size, operating hours, etc. If possible, use actual data that
are current and timely rather than estimated data.
(c) Efficiency credits can be generated if the energy conservation
measures were implemented after January 1, 2008 and if sufficient
information is available to determine the appropriate value of credits.
(1) The following emission points cannot be used to generate
efficiency credits:
(i) Energy conservation measures implemented on or before January 1,
2008, unless the level of energy demand reduction is increased after
January 1, 2008, in which case credit will be allowed only for change in
demand reduction achieved after January 1, 2008.
(ii) Efficiency credits on shut-down boilers. Boilers that are shut
down cannot be used to generate credits unless the facility provides
documentation linking the permanent shutdown to energy conservation
measures identified in the energy assessment. In this case, the bench
established for the affected boiler to which the credits from the
shutdown will be applied must be revised to include the benchmark
established for the shutdown boiler.
(2) For all points included in calculating emissions credits, the
owner or operator shall:
(i) Calculate annual credits for all energy demand points. Use
Equation 19 to calculate credits. Energy conservation measures that meet
the criteria of paragraph (c)(1) of this section shall not be included,
except as specified in paragraph (c)(1)(i) of this section.
(3) Credits are generated by the difference between the benchmark
that is established for each affected boiler, and the actual energy
demand reductions from energy conservation measures implemented after
January 1, 2008. Credits shall be calculated using Equation 19 of this
section as follows:
(i) The overall equation for calculating credits is:
[GRAPHIC] [TIFF OMITTED] TR31JA13.023

Where:

ECredits = Energy Input Savings for all energy conservation measures
implemented for an affected boiler, expressed as a decimal
fraction of the baseline energy input.
EISiactual = Energy Input Savings for each energy
conservation measure, i, implemented for an affected boiler,
million Btu per year.
EIbaseline = Energy Input baseline for the affected boiler,
million Btu per year.
n = Number of energy conservation measures included in the efficiency
credit for the affected boiler.

(ii) [Reserved]
(d) The owner or operator shall develop, and submit for approval
upon request by the Administrator, an Implementation Plan containing all
of the information required in this paragraph for all boilers to be
included in an efficiency credit approach. The Implementation Plan shall
identify all existing

[[Page 163]]

affected boilers to be included in applying the efficiency credits. The
Implementation Plan shall include a description of the energy
conservation measures implemented and the energy savings generated from
each measure and an explanation of the criteria used for determining
that savings. If requested, you must submit the implementation plan for
efficiency credits to the Administrator for review and approval no later
than 180 days before the date on which the facility intends to
demonstrate compliance using the efficiency credit approach.
(e) The emissions rate as calculated using Equation 20 of this
section from each existing boiler participating in the efficiency credit
option must be in compliance with the limits in Table 2 to this subpart
at all times the affected unit is subject to numeric emission limits,
following the compliance date specified in Sec.63.7495.
(f) You must use Equation 20 of this section to demonstrate initial
compliance by demonstrating that the emissions from the affected boiler
participating in the efficiency credit compliance approach do not exceed
the emission limits in Table 2 to this subpart.
[GRAPHIC] [TIFF OMITTED] TR31JA13.024

Where:

Eadj = Emission level adjusted by applying the efficiency
credits earned, lb per million Btu steam output (or lb per
MWh) for the affected boiler.
Em = Emissions measured during the performance test, lb per
million Btu steam output (or lb per MWh) for the affected
boiler.
ECredits = Efficiency credits from Equation 19 for the affected boiler.

(g) As part of each compliance report submitted as required under
Sec.63.7550, you must include documentation that the energy
conservation measures implemented continue to generate the credit for
use in demonstrating compliance with the emission limits.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7178, Jan. 31, 2013; 80
FR 72812, Nov. 20, 2015]

Continuous Compliance Requirements

Sec.63.7535 Is there a minimum amount of monitoring data I must
obtain?

(a) You must monitor and collect data according to this section and
the site-specific monitoring plan required by Sec.63.7505(d).
(b) You must operate the monitoring system and collect data at all
required intervals at all times that each boiler or process heater is
operating and compliance is required, except for periods of monitoring
system malfunctions or out of control periods (see Sec.63.8(c)(7) of
this part), and required monitoring system quality assurance or control
activities, including, as applicable, calibration checks, required zero
and span adjustments, and scheduled CMS maintenance as defined in your
site-specific monitoring plan. A monitoring system malfunction is any
sudden, infrequent, not reasonably preventable failure of the monitoring
system to provide valid data. Monitoring system failures that are caused
in part by poor maintenance or careless operation are not malfunctions.
You are required to complete monitoring system repairs in response to
monitoring system malfunctions or out-of-control periods and to return
the monitoring system to operation as expeditiously as practicable.
(c) You may not use data recorded during periods of startup and
shutdown, monitoring system malfunctions or out-of-control periods,
repairs associated with monitoring system malfunctions or out-of-control
periods, or required monitoring system quality assurance or control
activities in data averages and calculations used to report emissions or
operating levels. You must record and make available upon request
results of CMS performance audits and dates and duration of periods when
the CMS is out of control to completion of the corrective actions
necessary to return the CMS to operation consistent with your site-
specific monitoring plan. You must use all the data

[[Page 164]]

collected during all other periods in assessing compliance and the
operation of the control device and associated control system.
(d) 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, system accuracy audits, calibration checks, and required
zero and span adjustments), failure to collect required data is a
deviation of the monitoring requirements. In calculating monitoring
results, do not use any data collected during periods of startup and
shutdown, when the monitoring system is out of control as specified in
your site-specific monitoring plan, while conducting repairs associated
with periods when the monitoring system is out of control, or while
conducting required monitoring system quality assurance or quality
control activities. You must calculate monitoring results using all
other monitoring data collected while the process is operating. You must
report all periods when the monitoring system is out of control in your
semi-annual report.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7179, Jan. 31, 2013; 80
FR 72812, Nov. 20, 2015]

Sec.63.7540 How do I demonstrate continuous compliance with the
emission limitations, fuel specifications and work practice standards?

(a) You must demonstrate continuous compliance with each emission
limit in Tables 1 and 2 or 11 through 13 to this subpart, the work
practice standards in Table 3 to this subpart, and the operating limits
in Table 4 to this subpart that applies to you according to the methods
specified in Table 8 to this subpart and paragraphs (a)(1) through (19)
of this section.
(1) Following the date on which the initial compliance demonstration
is completed or is required to be completed under Sec. Sec.63.7 and
63.7510, whichever date comes first, operation above the established
maximum or below the established minimum operating limits shall
constitute a deviation of established operating limits listed in Table 4
of this subpart except during performance tests conducted to determine
compliance with the emission limits or to establish new operating
limits. Operating limits must be confirmed or reestablished during
performance tests.
(2) As specified in Sec.63.7555(d), you must keep records of the
type and amount of all fuels burned in each boiler or process heater
during the reporting period to demonstrate that all fuel types and
mixtures of fuels burned would result in either of the following:
(i) Equal to or lower emissions of HCl, mercury, and TSM than the
applicable emission limit for each pollutant, if you demonstrate
compliance through fuel analysis.
(ii) Equal to or lower fuel input of chlorine, mercury, and TSM than
the maximum values calculated during the last performance test, if you
demonstrate compliance through performance testing.
(3) If you demonstrate compliance with an applicable HCl emission
limit through fuel analysis for a solid or liquid fuel and you plan to
burn a new type of solid or liquid fuel, you must recalculate the HCl
emission rate using Equation 16 of Sec.63.7530 according to paragraphs
(a)(3)(i) through (iii) of this section. You are not required to conduct
fuel analyses for the fuels described in Sec.63.7510(a)(2)(i) through
(iii). You may exclude the fuels described in Sec.63.7510(a)(2)(i)
through (iii) when recalculating the HCl emission rate.
(i) You must determine the chlorine concentration for any new fuel
type in units of pounds per million Btu, based on supplier data or your
own fuel analysis, according to the provisions in your site-specific
fuel analysis plan developed according to Sec.63.7521(b).
(ii) You must determine the new mixture of fuels that will have the
highest content of chlorine.
(iii) Recalculate the HCl emission rate from your boiler or process
heater under these new conditions using Equation 16 of Sec.63.7530.
The recalculated HCl emission rate must be less than the applicable
emission limit.
(4) If you demonstrate compliance with an applicable HCl emission
limit through performance testing and you plan to burn a new type of
fuel or a new mixture of fuels, you must recalculate the maximum
chlorine input using

[[Page 165]]

Equation 7 of Sec.63.7530. If the results of recalculating the maximum
chlorine input using Equation 7 of Sec.63.7530 are greater than the
maximum chlorine input level established during the previous performance
test, then you must conduct a new performance test within 60 days of
burning the new fuel type or fuel mixture according to the procedures in
Sec.63.7520 to demonstrate that the HCl emissions do not exceed the
emission limit. You must also establish new operating limits based on
this performance test according to the procedures in Sec.63.7530(b).
In recalculating the maximum chlorine input and establishing the new
operating limits, you are not required to conduct fuel analyses for and
include the fuels described in Sec.63.7510(a)(2)(i) through (iii).
(5) If you demonstrate compliance with an applicable mercury
emission limit through fuel analysis, and you plan to burn a new type of
fuel, you must recalculate the mercury emission rate using Equation 17
of Sec.63.7530 according to the procedures specified in paragraphs
(a)(5)(i) through (iii) of this section. You are not required to conduct
fuel analyses for the fuels described in Sec.63.7510(a)(2)(i) through
(iii). You may exclude the fuels described in Sec.63.7510(a)(2)(i)
through (iii) when recalculating the mercury emission rate.
(i) You must determine the mercury concentration for any new fuel
type in units of pounds per million Btu, based on supplier data or your
own fuel analysis, according to the provisions in your site-specific
fuel analysis plan developed according to Sec.63.7521(b).
(ii) You must determine the new mixture of fuels that will have the
highest content of mercury.
(iii) Recalculate the mercury emission rate from your boiler or
process heater under these new conditions using Equation 17 of Sec.
63.7530. The recalculated mercury emission rate must be less than the
applicable emission limit.
(6) If you demonstrate compliance with an applicable mercury
emission limit through performance testing, and you plan to burn a new
type of fuel or a new mixture of fuels, you must recalculate the maximum
mercury input using Equation 8 of Sec.63.7530. If the results of
recalculating the maximum mercury input using Equation 8 of Sec.
63.7530 are higher than the maximum mercury input level established
during the previous performance test, then you must conduct a new
performance test within 60 days of burning the new fuel type or fuel
mixture according to the procedures in Sec.63.7520 to demonstrate that
the mercury emissions do not exceed the emission limit. You must also
establish new operating limits based on this performance test according
to the procedures in Sec.63.7530(b). You are not required to conduct
fuel analyses for the fuels described in Sec.63.7510(a)(2)(i) through
(iii). You may exclude the fuels described in Sec.63.7510(a)(2)(i)
through (iii) when recalculating the mercury emission rate.
(7) If your unit is controlled with a fabric filter, and you
demonstrate continuous compliance using a bag leak detection system, you
must initiate corrective action within 1 hour of a bag leak detection
system alert and complete corrective actions as soon as practical, and
operate and maintain the fabric filter system such that the periods
which would cause an alert are no more than 5 percent of the operating
time during a 6-month period. You must also keep records of the date,
time, and duration of each alert, the time corrective action was
initiated and completed, and a brief description of the cause of the
alert and the corrective action taken. You must also record the percent
of the operating time during each 6-month period that the conditions
exist for an alert. In calculating this operating time percentage, if
inspection of the fabric filter demonstrates that no corrective action
is required, no alert time is counted. If corrective action is required,
each alert shall be counted as a minimum of 1 hour. If you take longer
than 1 hour to initiate corrective action, the alert time shall be
counted as the actual amount of time taken to initiate corrective
action.
(8) To demonstrate compliance with the applicable alternative CO
CEMS emission limit listed in Tables 1, 2, or 11 through 13 to this
subpart, you must meet the requirements in paragraphs (a)(8)(i) through
(iv) of this section.
(i) Continuously monitor CO according to Sec. Sec.63.7525(a) and
63.7535.

[[Page 166]]

(ii) Maintain a CO emission level below or at your applicable
alternative CO CEMS-based standard in Tables 1 or 2 or 11 through 13 to
this subpart at all times the affected unit is subject to numeric
emission limits.
(iii) Keep records of CO levels according to Sec.63.7555(b).
(iv) You must record and make available upon request results of CO
CEMS performance audits, dates and duration of periods when the CO CEMS
is out of control to completion of the corrective actions necessary to
return the CO CEMS to operation consistent with your site-specific
monitoring plan.
(9) The owner or operator of a boiler or process heater using a PM
CPMS or a PM CEMS to meet requirements of this subpart shall install,
certify, operate, and maintain the PM CPMS or PM CEMS in accordance with
your site-specific monitoring plan as required in Sec.63.7505(d).
(10) If your boiler or process heater has a heat input capacity of
10 million Btu per hour or greater, you must conduct an annual tune-up
of the boiler or process heater to demonstrate continuous compliance as
specified in paragraphs (a)(10)(i) through (vi) of this section. You
must conduct the tune-up while burning the type of fuel (or fuels in
case of units that routinely burn a mixture) that provided the majority
of the heat input to the boiler or process heater over the 12 months
prior to the tune-up. This frequency does not apply to limited-use
boilers and process heaters, as defined in Sec.63.7575, or units with
continuous oxygen trim systems that maintain an optimum air to fuel
ratio.
(i) As applicable, inspect the burner, and clean or replace any
components of the burner as necessary (you may perform the burner
inspection any time prior to the tune-up or delay the burner inspection
until the next scheduled unit shutdown). Units that produce electricity
for sale may delay the burner inspection until the first outage, not to
exceed 36 months from the previous inspection. At units where entry into
a piece of process equipment or into a storage vessel is required to
complete the tune-up inspections, inspections are required only during
planned entries into the storage vessel or process equipment;
(ii) Inspect the flame pattern, as applicable, and adjust the burner
as necessary to optimize the flame pattern. The adjustment should be
consistent with the manufacturer's specifications, if available;
(iii) Inspect the system controlling the air-to-fuel ratio, as
applicable, and ensure that it is correctly calibrated and functioning
properly (you may delay the inspection until the next scheduled unit
shutdown). Units that produce electricity for sale may delay the
inspection until the first outage, not to exceed 36 months from the
previous inspection;
(iv) Optimize total emissions of CO. This optimization should be
consistent with the manufacturer's specifications, if available, and
with any NOX requirement to which the unit is subject;
(v) Measure the concentrations in the effluent stream of CO in parts
per million, by volume, and oxygen in volume percent, before and after
the adjustments are made (measurements may be either on a dry or wet
basis, as long as it is the same basis before and after the adjustments
are made). Measurements may be taken using a portable CO analyzer; and
(vi) Maintain on-site and submit, if requested by the Administrator,
a report containing the information in paragraphs (a)(10)(vi)(A) through
(C) of this section,
(A) The concentrations of CO in the effluent stream in parts per
million by volume, and oxygen in volume percent, measured at high fire
or typical operating load, before and after the tune-up of the boiler or
process heater;
(B) A description of any corrective actions taken as a part of the
tune-up; and
(C) The type and amount of fuel used over the 12 months prior to the
tune-up, but only if the unit was physically and legally capable of
using more than one type of fuel during that period. Units sharing a
fuel meter may estimate the fuel used by each unit.
(11) If your boiler or process heater has a heat input capacity of
less than 10 million Btu per hour (except as specified in paragraph
(a)(12) of this section), you must conduct a biennial tune-up of the
boiler or process heater as specified in paragraphs (a)(10)(i)

[[Page 167]]

through (vi) of this section to demonstrate continuous compliance.
(12) If your boiler or process heater has a continuous oxygen trim
system that maintains an optimum air to fuel ratio, or a heat input
capacity of less than or equal to 5 million Btu per hour and the unit is
in the units designed to burn gas 1; units designed to burn gas 2
(other); or units designed to burn light liquid subcategories, or meets
the definition of limited-use boiler or process heater in Sec.63.7575,
you must conduct a tune-up of the boiler or process heater every 5 years
as specified in paragraphs (a)(10)(i) through (vi) of this section to
demonstrate continuous compliance. You may delay the burner inspection
specified in paragraph (a)(10)(i) of this section until the next
scheduled or unscheduled unit shutdown, but you must inspect each burner
at least once every 72 months. If an oxygen trim system is utilized on a
unit without emission standards to reduce the tune-up frequency to once
every 5 years, set the oxygen level no lower than the oxygen
concentration measured during the most recent tune-up.
(13) If the unit is not operating on the required date for a tune-
up, the tune-up must be conducted within 30 calendar days of startup.
(14) If you are using a CEMS measuring mercury emissions to meet
requirements of this subpart you must install, certify, operate, and
maintain the mercury CEMS as specified in paragraphs (a)(14)(i) and (ii)
of this section.
(i) Operate the mercury CEMS in accordance with performance
specification 12A of 40 CFR part 60, appendix B or operate a sorbent
trap based integrated monitor in accordance with performance
specification 12B of 40 CFR part 60, appendix B. The duration of the
performance test must be 30 operating days if you specified a 30
operating day basis in Sec.63.7545(e)(2)(iii) for mercury CEMS or it
must be 720 hours if you specified a 720 hour basis in Sec.
63.7545(e)(2)(iii) for mercury CEMS. For each day in which the unit
operates, you must obtain hourly mercury concentration data, and stack
gas volumetric flow rate data.
(ii) If you are using a mercury CEMS, you must install, operate,
calibrate, and maintain an instrument for continuously measuring and
recording the mercury mass emissions rate to the atmosphere according to
the requirements of performance specifications 6 and 12A of 40 CFR part
60, appendix B, and quality assurance procedure 6 of 40 CFR part 60,
appendix F.
(15) If you are using a CEMS to measure HCl emissions to meet
requirements of this subpart, you must install, certify, operate, and
maintain the HCl CEMS as specified in paragraphs (a)(15)(i) and (ii) of
this section. This option for an affected unit takes effect on the date
a final performance specification for an HCl CEMS is published in the
Federal Register or the date of approval of a site-specific monitoring
plan.
(i) Operate the continuous emissions monitoring system in accordance
with the applicable performance specification in 40 CFR part 60,
appendix B. The duration of the performance test must be 30 operating
days if you specified a 30 operating day basis in Sec.
63.7545(e)(2)(iii) for HCl CEMS or it must be 720 hours if you specified
a 720 hour basis in Sec.63.7545(e)(2)(iii) for HCl CEMS. For each day
in which the unit operates, you must obtain hourly HCl concentration
data, and stack gas volumetric flow rate data.
(ii) If you are using a HCl CEMS, you must install, operate,
calibrate, and maintain an instrument for continuously measuring and
recording the HCl mass emissions rate to the atmosphere according to the
requirements of the applicable performance specification of 40 CFR part
60, appendix B, and the quality assurance procedures of 40 CFR part 60,
appendix F.
(16) If you demonstrate compliance with an applicable TSM emission
limit through performance testing, and you plan to burn a new type of
fuel or a new mixture of fuels, you must recalculate the maximum TSM
input using Equation 9 of Sec.63.7530. If the results of recalculating
the maximum TSM input using Equation 9 of Sec.63.7530 are higher than
the maximum total selected input level established during the previous
performance test, then you must conduct a new performance test within 60
days of burning the new fuel type or

[[Page 168]]

fuel mixture according to the procedures in Sec.63.7520 to demonstrate
that the TSM emissions do not exceed the emission limit. You must also
establish new operating limits based on this performance test according
to the procedures in Sec.63.7530(b). You are not required to conduct
fuel analyses for the fuels described in Sec.63.7510(a)(2)(i) through
(iii). You may exclude the fuels described in Sec.63.7510(a)(2)(i)
through (iii) when recalculating the TSM emission rate.
(17) If you demonstrate compliance with an applicable TSM emission
limit through fuel analysis for solid or liquid fuels, and you plan to
burn a new type of fuel, you must recalculate the TSM emission rate
using Equation 18 of Sec.63.7530 according to the procedures specified
in paragraphs (a)(5)(i) through (iii) of this section. You are not
required to conduct fuel analyses for the fuels described in Sec.
63.7510(a)(2)(i) through (iii). You may exclude the fuels described in
Sec.63.7510(a)(2)(i) through (iii) when recalculating the TSM emission
rate.
(i) You must determine the TSM concentration for any new fuel type
in units of pounds per million Btu, based on supplier data or your own
fuel analysis, according to the provisions in your site-specific fuel
analysis plan developed according to Sec.63.7521(b).
(ii) You must determine the new mixture of fuels that will have the
highest content of TSM.
(iii) Recalculate the TSM emission rate from your boiler or process
heater under these new conditions using Equation 18 of Sec.63.7530.
The recalculated TSM emission rate must be less than the applicable
emission limit.
(18) If you demonstrate continuous PM emissions compliance with a PM
CPMS you will use a PM CPMS to establish a site-specific operating limit
corresponding to the results of the performance test demonstrating
compliance with the PM limit. You will conduct your performance test
using the test method criteria in Table 5 of this subpart. You will use
the PM CPMS to demonstrate continuous compliance with this operating
limit. You must repeat the performance test annually and reassess and
adjust the site-specific operating limit in accordance with the results
of the performance test.
(i) To determine continuous compliance, you must record the PM CPMS
output data for all periods when the process is operating and the PM
CPMS is not out-of-control. You must demonstrate continuous compliance
by using all quality-assured hourly average data collected by the PM
CPMS for all operating hours to calculate the arithmetic average
operating parameter in units of the operating limit (milliamps) on a 30-
day rolling average basis.
(ii) For any deviation of the 30-day rolling PM CPMS average value
from the established operating parameter limit, you must:
(A) Within 48 hours of the deviation, visually inspect the air
pollution control device (APCD);
(B) If inspection of the APCD identifies the cause of the deviation,
take corrective action as soon as possible and return the PM CPMS
measurement to within the established value; and
(C) Within 30 days of the deviation or at the time of the annual
compliance test, whichever comes first, conduct a PM emissions
compliance test to determine compliance with the PM emissions limit and
to verify or re-establish the CPMS operating limit. You are not required
to conduct additional testing for any deviations that occur between the
time of the original deviation and the PM emissions compliance test
required under this paragraph.
(iii) PM CPMS deviations from the operating limit leading to more
than four required performance tests in a 12-month operating period
constitute a separate violation of this subpart.
(19) If you choose to comply with the PM filterable emissions limit
by using PM CEMS you must install, certify, operate, and maintain a PM
CEMS and record the output of the PM CEMS as specified in paragraphs
(a)(19)(i) through (vii) of this section. The compliance limit will be
expressed as a 30-day rolling average of the numerical emissions limit
value applicable for your unit in Tables 1 or 2 or 11 through 13 of this
subpart.

[[Page 169]]

(i) Install and certify your PM CEMS according to the procedures and
requirements in Performance Specification 11--Specifications and Test
Procedures for Particulate Matter Continuous Emission Monitoring Systems
at Stationary Sources in Appendix B to part 60 of this chapter, using
test criteria outlined in Table V of this rule. The reportable
measurement output from the PM CEMS must be expressed in units of the
applicable emissions limit (e.g., lb/MMBtu, lb/MWh).
(ii) Operate and maintain your PM CEMS according to the procedures
and requirements in Procedure 2-- Quality Assurance Requirements for
Particulate Matter Continuous Emission Monitoring Systems at Stationary
Sources in Appendix F to part 60 of this chapter.
(A) You must conduct the relative response audit (RRA) for your PM
CEMS at least once annually.
(B) You must conduct the relative correlation audit (RCA) for your
PM CEMS at least once every 3 years.
(iii) Collect PM CEMS hourly average output data for all boiler
operating hours except as indicated in paragraph (v) of this section.
(iv) Calculate the arithmetic 30-day rolling average of all of the
hourly average PM CEMS output data collected during all nonexempt boiler
or process heater operating hours.
(v) You must collect data using the PM CEMS at all times the unit is
operating and at the intervals specified this paragraph (a), except for
periods of monitoring system malfunctions, repairs associated with
monitoring system malfunctions, and required monitoring system quality
assurance or quality control activities.
(vi) You must use all the data collected during all boiler or
process heater operating hours in assessing the compliance with your
operating limit except:
(A) Any data collected during monitoring system malfunctions,
repairs associated with monitoring system malfunctions, or required
monitoring system quality assurance or control activities conducted
during monitoring system malfunctions in calculations and report any
such periods in your annual deviation report;
(B) Any data collected during periods when the monitoring system is
out of control as specified in your site-specific monitoring plan,
repairs associated with periods when the monitoring system is out of
control, or required monitoring system quality assurance or control
activities conducted during out of control periods in calculations used
to report emissions or operating levels and report any such periods in
your annual deviation report;
(C) Any data recorded during periods of startup or shutdown.
(vii) You must record and make available upon request results of PM
CEMS system performance audits, dates and duration of periods when the
PM CEMS is out of control to completion of the corrective actions
necessary to return the PM CEMS to operation consistent with your site-
specific monitoring plan.
(b) You must report each instance in which you did not meet each
emission limit and operating limit in Tables 1 through 4 or 11 through
13 to this subpart that apply to you. These instances are deviations
from the emission limits or operating limits, respectively, in this
subpart. These deviations must be reported according to the requirements
in Sec.63.7550.
(c) If you elected to demonstrate that the unit meets the
specification for mercury for the unit designed to burn gas 1
subcategory, you must follow the sampling frequency specified in
paragraphs (c)(1) through (4) of this section and conduct this sampling
according to the procedures in Sec.63.7521(f) through (i).
(1) If the initial mercury constituents in the gaseous fuels are
measured to be equal to or less than half of the mercury specification
as defined in Sec.63.7575, you do not need to conduct further
sampling.
(2) If the initial mercury constituents are greater than half but
equal to or less than 75 percent of the mercury specification as defined
in Sec.63.7575, you will conduct semi-annual sampling. If 6
consecutive semi-annual fuel analyses demonstrate 50 percent or less of
the mercury specification, you do not need to conduct further sampling.
If any semi-annual sample exceeds 75 percent of the mercury
specification, you must

[[Page 170]]

return to monthly sampling for that fuel, until 12 months of fuel
analyses again are less than 75 percent of the compliance level.
(3) If the initial mercury constituents are greater than 75 percent
of the mercury specification as defined in Sec.63.7575, you will
conduct monthly sampling. If 12 consecutive monthly fuel analyses
demonstrate 75 percent or less of the mercury specification, you may
decrease the fuel analysis frequency to semi-annual for that fuel.
(4) If the initial sample exceeds the mercury specification as
defined in Sec.63.7575, each affected boiler or process heater
combusting this fuel is not part of the unit designed to burn gas 1
subcategory and must be in compliance with the emission and operating
limits for the appropriate subcategory. You may elect to conduct
additional monthly sampling while complying with these emissions and
operating limits to demonstrate that the fuel qualifies as another gas 1
fuel. If 12 consecutive monthly fuel analyses samples are at or below
the mercury specification as defined in Sec.63.7575, each affected
boiler or process heater combusting the fuel can elect to switch back
into the unit designed to burn gas 1 subcategory until the mercury
specification is exceeded.
(d) For startup and shutdown, you must meet the work practice
standards according to items 5 and 6 of Table 3 of this subpart.

[78 FR 7179, Jan. 31, 2013, as amended at 80 FR 72813, Nov. 20, 2015]

Sec.63.7541 How do I demonstrate continuous compliance under the
emissions averaging provision?

(a) Following the compliance date, the owner or operator must
demonstrate compliance with this subpart on a continuous basis by
meeting the requirements of paragraphs (a)(1) through (5) of this
section.
(1) For each calendar month, demonstrate compliance with the average
weighted emissions limit for the existing units participating in the
emissions averaging option as determined in Sec.63.7522(f) and (g).
(2) You must maintain the applicable opacity limit according to
paragraphs (a)(2)(i) and (ii) of this section.
(i) For each existing unit participating in the emissions averaging
option that is equipped with a dry control system and not vented to a
common stack, maintain opacity at or below the applicable limit.
(ii) For each group of units participating in the emissions
averaging option where each unit in the group is equipped with a dry
control system and vented to a common stack that does not receive
emissions from non-affected units, maintain opacity at or below the
applicable limit at the common stack.
(3) For each existing unit participating in the emissions averaging
option that is equipped with a wet scrubber, maintain the 30-day rolling
average parameter values at or above the operating limits established
during the most recent performance test.
(4) For each existing unit participating in the emissions averaging
option that has an approved alternative operating parameter, maintain
the 30-day rolling average parameter values consistent with the approved
monitoring plan.
(5) For each existing unit participating in the emissions averaging
option venting to a common stack configuration containing affected units
from other subcategories, maintain the appropriate operating limit for
each unit as specified in Table 4 to this subpart that applies.
(b) Any instance where the owner or operator fails to comply with
the continuous monitoring requirements in paragraphs (a)(1) through (5)
of this section is a deviation.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7182, Jan. 31, 2013]

Notification, Reports, and Records

Sec.63.7545 What notifications must I submit and when?

(a) You must submit to the Administrator all of the notifications in
Sec. Sec.63.7(b) and (c), 63.8(e), (f)(4) and (6), and 63.9(b) through
(h) that apply to you by the dates specified.
(b) As specified in Sec.63.9(b)(2), if you startup your affected
source before January 31, 2013, you must submit an Initial Notification
not later than 120 days after January 31, 2013.

[[Page 171]]

(c) As specified in Sec.63.9(b)(4) and (5), if you startup your
new or reconstructed affected source on or after January 31, 2013, you
must submit an Initial Notification not later than 15 days after the
actual date of startup of the affected source.
(d) If you are required to conduct a performance test you must
submit a Notification of Intent to conduct a performance test at least
60 days before the performance test is scheduled to begin.
(e) If you are required to conduct an initial compliance
demonstration as specified in Sec.63.7530, you must submit a
Notification of Compliance Status according to Sec.63.9(h)(2)(ii). For
the initial compliance demonstration for each boiler or process heater,
you must submit the Notification of Compliance Status, including all
performance test results and fuel analyses, before the close of business
on the 60th day following the completion of all performance test and/or
other initial compliance demonstrations for all boiler or process
heaters at the facility according to Sec.63.10(d)(2). The Notification
of Compliance Status report must contain all the information specified
in paragraphs (e)(1) through (8) of this section, as applicable. If you
are not required to conduct an initial compliance demonstration as
specified in Sec.63.7530(a), the Notification of Compliance Status
must only contain the information specified in paragraphs (e)(1) and (8)
of this section and must be submitted within 60 days of the compliance
date specified at Sec.63.7495(b).
(1) A description of the affected unit(s) including identification
of which subcategories the unit is in, the design heat input capacity of
the unit, a description of the add-on controls used on the unit to
comply with this subpart, description of the fuel(s) burned, including
whether the fuel(s) were a secondary material determined by you or the
EPA through a petition process to be a non-waste under Sec.241.3 of
this chapter, whether the fuel(s) were a secondary material processed
from discarded non-hazardous secondary materials within the meaning of
Sec.241.3 of this chapter, and justification for the selection of
fuel(s) burned during the compliance demonstration.
(2) Summary of the results of all performance tests and fuel
analyses, and calculations conducted to demonstrate initial compliance
including all established operating limits, and including:
(i) Identification of whether you are complying with the PM emission
limit or the alternative TSM emission limit.
(ii) Identification of whether you are complying with the output-
based emission limits or the heat input-based (i.e., lb/MMBtu or ppm)
emission limits,
(iii) Identification of whether you are complying the arithmetic
mean of all valid hours of data from the previous 30 operating days or
of the previous 720 hours. This identification shall be specified
separately for each operating parameter.
(3) A summary of the maximum CO emission levels recorded during the
performance test to show that you have met any applicable emission
standard in Tables 1, 2, or 11 through 13 to this subpart, if you are
not using a CO CEMS to demonstrate compliance.
(4) Identification of whether you plan to demonstrate compliance
with each applicable emission limit through performance testing, a CEMS,
or fuel analysis.
(5) Identification of whether you plan to demonstrate compliance by
emissions averaging and identification of whether you plan to
demonstrate compliance by using efficiency credits through energy
conservation:
(i) If you plan to demonstrate compliance by emission averaging,
report the emission level that was being achieved or the control
technology employed on January 31, 2013.
(ii) [Reserved]
(6) A signed certification that you have met all applicable emission
limits and work practice standards.
(7) If you had a deviation from any emission limit, work practice
standard, or operating limit, you must also submit a description of the
deviation, the duration of the deviation, and the corrective action
taken in the Notification of Compliance Status report.
(8) In addition to the information required in Sec.63.9(h)(2),
your notification of compliance status must include the

[[Page 172]]

following certification(s) of compliance, as applicable, and signed by a
responsible official:
(i) ``This facility completed the required initial tune-up for all
of the boilers and process heaters covered by 40 CFR part 63 subpart
DDDDD at this site according to the procedures in Sec.
63.7540(a)(10)(i) through (vi).''
(ii) ``This facility has had an energy assessment performed
according to Sec.63.7530(e).''
(iii) Except for units that burn only natural gas, refinery gas, or
other gas 1 fuel, or units that qualify for a statutory exemption as
provided in section 129(g)(1) of the Clean Air Act, include the
following: ``No secondary materials that are solid waste were combusted
in any affected unit.''
(f) If you operate a unit designed to burn natural gas, refinery
gas, or other gas 1 fuels that is subject to this subpart, and you
intend to use a fuel other than natural gas, refinery gas, gaseous fuel
subject to another subpart of this part, part 60, 61, or 65, or other
gas 1 fuel to fire the affected unit during a period of natural gas
curtailment or supply interruption, as defined in Sec.63.7575, you
must submit a notification of alternative fuel use within 48 hours of
the declaration of each period of natural gas curtailment or supply
interruption, as defined in Sec.63.7575. The notification must include
the information specified in paragraphs (f)(1) through (5) of this
section.
(1) Company name and address.
(2) Identification of the affected unit.
(3) Reason you are unable to use natural gas or equivalent fuel,
including the date when the natural gas curtailment was declared or the
natural gas supply interruption began.
(4) Type of alternative fuel that you intend to use.
(5) Dates when the alternative fuel use is expected to begin and
end.
(g) If you intend to commence or recommence combustion of solid
waste, you must provide 30 days prior notice of the date upon which you
will commence or recommence combustion of solid waste. The notification
must identify:
(1) The name of the owner or operator of the affected source, as
defined in Sec.63.7490, the location of the source, the boiler(s) or
process heater(s) that will commence burning solid waste, and the date
of the notice.
(2) The currently applicable subcategories under this subpart.
(3) The date on which you became subject to the currently applicable
emission limits.
(4) The date upon which you will commence combusting solid waste.
(h) If you have switched fuels or made a physical change to the
boiler or process heater and the fuel switch or physical change resulted
in the applicability of a different subcategory, you must provide notice
of the date upon which you switched fuels or made the physical change
within 30 days of the switch/change. The notification must identify:
(1) The name of the owner or operator of the affected source, as
defined in Sec.63.7490, the location of the source, the boiler(s) and
process heater(s) that have switched fuels, were physically changed, and
the date of the notice.
(2) The currently applicable subcategory under this subpart.
(3) The date upon which the fuel switch or physical change occurred.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7183, Jan. 31, 2013; 80
FR 72814, Nov. 20, 2015]

Sec.63.7550 What reports must I submit and when?

(a) You must submit each report in Table 9 to this subpart that
applies to you.
(b) Unless the EPA Administrator has approved a different schedule
for submission of reports under Sec.63.10(a), you must submit each
report, according to paragraph (h) of this section, by the date in Table
9 to this subpart and according to the requirements in paragraphs (b)(1)
through (4) of this section. For units that are subject only to a
requirement to conduct subsequent annual, biennial, or 5-year tune-up
according to Sec.63.7540(a)(10), (11), or (12), respectively, and not
subject to emission limits or Table 4 operating limits, you may submit
only an annual, biennial, or 5-year compliance report, as applicable, as
specified in paragraphs (b)(1) through (4) of this section, instead of a
semi-annual compliance report.

[[Page 173]]

(1) The first semi-annual compliance report must cover the period
beginning on the compliance date that is specified for each boiler or
process heater in Sec.63.7495 and ending on June 30 or December 31,
whichever date is the first date that occurs at least 180 days after the
compliance date that is specified for your source in Sec.63.7495. If
submitting an annual, biennial, or 5-year compliance report, the first
compliance report must cover the period beginning on the compliance date
that is specified for each boiler or process heater in Sec.63.7495 and
ending on December 31 within 1, 2, or 5 years, as applicable, after the
compliance date that is specified for your source in Sec.63.7495.
(2) The first semi-annual compliance report must be postmarked or
submitted no later than July 31 or January 31, whichever date is the
first date following the end of the first calendar half after the
compliance date that is specified for each boiler or process heater in
Sec.63.7495. The first annual, biennial, or 5-year compliance report
must be postmarked or submitted no later than January 31.
(3) Each subsequent semi-annual compliance report must cover the
semiannual reporting period from January 1 through June 30 or the
semiannual reporting period from July 1 through December 31. Annual,
biennial, and 5-year compliance reports must cover the applicable 1-, 2-
, or 5-year periods from January 1 to December 31.
(4) Each subsequent semi-annual compliance report must be postmarked
or submitted no later than July 31 or January 31, whichever date is the
first date following the end of the semiannual reporting period. Annual,
biennial, and 5-year compliance reports must be postmarked or submitted
no later than January 31.
(5) For each affected source that is subject to permitting
regulations pursuant to part 70 or part 71 of this chapter, and if the
permitting authority has established dates for submitting semiannual
reports pursuant to 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A), you may
submit the first and subsequent compliance reports according to the
dates the permitting authority has established in the permit instead of
according to the dates in paragraphs (b)(1) through (4) of this section.
(c) A compliance report must contain the following information
depending on how the facility chooses to comply with the limits set in
this rule.
(1) If the facility is subject to the requirements of a tune up you
must submit a compliance report with the information in paragraphs
(c)(5)(i) through (iii) of this section, (xiv) and (xvii) of this
section, and paragraph (c)(5)(iv) of this section for limited-use boiler
or process heater.
(2) If you are complying with the fuel analysis you must submit a
compliance report with the information in paragraphs (c)(5)(i) through
(iii), (vi), (x), (xi), (xiii), (xv), (xvii), (xviii) and paragraph (d)
of this section.
(3) If you are complying with the applicable emissions limit with
performance testing you must submit a compliance report with the
information in (c)(5)(i) through (iii), (vi), (vii), (viii), (ix), (xi),
(xiii), (xv), (xvii), (xviii) and paragraph (d) of this section.
(4) If you are complying with an emissions limit using a CMS the
compliance report must contain the information required in paragraphs
(c)(5)(i) through (iii), (v), (vi), (xi) through (xiii), (xv) through
(xviii), and paragraph (e) of this section.
(5)(i) Company and Facility name and address.
(ii) Process unit information, emissions limitations, and operating
parameter limitations.
(iii) Date of report and beginning and ending dates of the reporting
period.
(iv) The total operating time during the reporting period.
(v) If you use a CMS, including CEMS, COMS, or CPMS, you must
include the monitoring equipment manufacturer(s) and model numbers and
the date of the last CMS certification or audit.
(vi) The total fuel use by each individual boiler or process heater
subject to an emission limit within the reporting period, including, but
not limited to, a description of the fuel, whether the fuel has received
a non-waste determination by the EPA or your basis for concluding that
the fuel is not a waste, and the total fuel usage amount with units of
measure.

[[Page 174]]

(vii) If you are conducting performance tests once every 3 years
consistent with Sec.63.7515(b) or (c), the date of the last 2
performance tests and a statement as to whether there have been any
operational changes since the last performance test that could increase
emissions.
(viii) A statement indicating that you burned no new types of fuel
in an individual boiler or process heater subject to an emission limit.
Or, if you did burn a new type of fuel and are subject to a HCl emission
limit, you must submit the calculation of chlorine input, using Equation
7 of Sec.63.7530, that demonstrates that your source is still within
its maximum chlorine input level established during the previous
performance testing (for sources that demonstrate compliance through
performance testing) or you must submit the calculation of HCl emission
rate using Equation 16 of Sec.63.7530 that demonstrates that your
source is still meeting the emission limit for HCl emissions (for
boilers or process heaters that demonstrate compliance through fuel
analysis). If you burned a new type of fuel and are subject to a mercury
emission limit, you must submit the calculation of mercury input, using
Equation 8 of Sec.63.7530, that demonstrates that your source is still
within its maximum mercury input level established during the previous
performance testing (for sources that demonstrate compliance through
performance testing), or you must submit the calculation of mercury
emission rate using Equation 17 of Sec.63.7530 that demonstrates that
your source is still meeting the emission limit for mercury emissions
(for boilers or process heaters that demonstrate compliance through fuel
analysis). If you burned a new type of fuel and are subject to a TSM
emission limit, you must submit the calculation of TSM input, using
Equation 9 of Sec.63.7530, that demonstrates that your source is still
within its maximum TSM input level established during the previous
performance testing (for sources that demonstrate compliance through
performance testing), or you must submit the calculation of TSM emission
rate, using Equation 18 of Sec.63.7530, that demonstrates that your
source is still meeting the emission limit for TSM emissions (for
boilers or process heaters that demonstrate compliance through fuel
analysis).
(ix) If you wish to burn a new type of fuel in an individual boiler
or process heater subject to an emission limit and you cannot
demonstrate compliance with the maximum chlorine input operating limit
using Equation 7 of Sec.63.7530 or the maximum mercury input operating
limit using Equation 8 of Sec.63.7530, or the maximum TSM input
operating limit using Equation 9 of Sec.63.7530 you must include in
the compliance report a statement indicating the intent to conduct a new
performance test within 60 days of starting to burn the new fuel.
(x) A summary of any monthly fuel analyses conducted to demonstrate
compliance according to Sec. Sec.63.7521 and 63.7530 for individual
boilers or process heaters subject to emission limits, and any fuel
specification analyses conducted according to Sec. Sec.63.7521(f) and
63.7530(g).
(xi) If there are no deviations from any emission limits or
operating limits in this subpart that apply to you, a statement that
there were no deviations from the emission limits or operating limits
during the reporting period.
(xii) If there were no deviations from the monitoring requirements
including no periods during which the CMSs, including CEMS, COMS, and
CPMS, were out of control as specified in Sec.63.8(c)(7), a statement
that there were no deviations and no periods during which the CMS were
out of control during the reporting period.
(xiii) If a malfunction occurred during the reporting period, the
report must include the number, duration, and a brief description for
each type of malfunction which occurred during the reporting period and
which caused or may have caused any applicable emission limitation to be
exceeded. The report must also include a description of actions taken by
you during a malfunction of a boiler, process heater, or associated air
pollution control device or CMS to minimize emissions in accordance with
Sec.63.7500(a)(3), including actions taken to correct the malfunction.

[[Page 175]]

(xiv) Include the date of the most recent tune-up for each unit
subject to only the requirement to conduct an annual, biennial, or 5-
year tune-up according to Sec.63.7540(a)(10), (11), or (12)
respectively. Include the date of the most recent burner inspection if
it was not done annually, biennially, or on a 5-year period and was
delayed until the next scheduled or unscheduled unit shutdown.
(xv) If you plan to demonstrate compliance by emission averaging,
certify the emission level achieved or the control technology employed
is no less stringent than the level or control technology contained in
the notification of compliance status in Sec.63.7545(e)(5)(i).
(xvi) For each reporting period, the compliance reports must include
all of the calculated 30 day rolling average values for CEMS (CO, HCl,
SO2, and mercury), 10 day rolling average values for CO CEMS
when the limit is expressed as a 10 day instead of 30 day rolling
average, and the PM CPMS data.
(xvii) Statement by a responsible official with that official's
name, title, and signature, certifying the truth, accuracy, and
completeness of the content of the report.
(xviii) For each instance of startup or shutdown include the
information required to be monitored, collected, or recorded according
to the requirements of Sec.63.7555(d).
(d) For each deviation from an emission limit or operating limit in
this subpart that occurs at an individual boiler or process heater where
you are not using a CMS to comply with that emission limit or operating
limit, or from the work practice standards for periods if startup and
shutdown, the compliance report must additionally contain the
information required in paragraphs (d)(1) through (3) of this section.
(1) A description of the deviation and which emission limit,
operating limit, or work practice standard from which you deviated.
(2) Information on the number, duration, and cause of deviations
(including unknown cause), as applicable, and the corrective action
taken.
(3) If the deviation occurred during an annual performance test,
provide the date the annual performance test was completed.
(e) For each deviation from an emission limit, operating limit, and
monitoring requirement in this subpart occurring at an individual boiler
or process heater where you are using a CMS to comply with that emission
limit or operating limit, the compliance report must additionally
contain the information required in paragraphs (e)(1) through (9) of
this section. This includes any deviations from your site-specific
monitoring plan as required in Sec.63.7505(d).
(1) The date and time that each deviation started and stopped and
description of the nature of the deviation (i.e., what you deviated
from).
(2) The date and time that each CMS was inoperative, except for zero
(low-level) and high-level checks.
(3) The date, time, and duration that each CMS was out of control,
including the information in Sec.63.8(c)(8).
(4) The date and time that each deviation started and stopped.
(5) A summary of the total duration of the deviation during the
reporting period and the total duration as a percent of the total source
operating time during that reporting period.
(6) A characterization of the total duration of the deviations
during the reporting period into those that are due to control equipment
problems, process problems, other known causes, and other unknown
causes.
(7) A summary of the total duration of CMS's downtime during the
reporting period and the total duration of CMS downtime as a percent of
the total source operating time during that reporting period.
(8) A brief description of the source for which there was a
deviation.
(9) A description of any changes in CMSs, processes, or controls
since the last reporting period for the source for which there was a
deviation.
(f)-(g) [Reserved]
(h) You must submit the reports according to the procedures
specified in paragraphs (h)(1) through (3) of this section.
(1) Within 60 days after the date of completing each performance
test (as

[[Page 176]]

defined in Sec.63.2) required by this subpart, you must submit the
results of the performance tests, including any fuel analyses, following
the procedure specified in either paragraph (h)(1)(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), 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) (https://cdx.epa.gov/).)
Performance test data must be submitted in a file format generated
through use of the EPA's ERT or an electronic file format consistent
with the extensible markup language (XML) schema listed on the EPA's ERT
Web site. 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.
(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 at the time of the
test, you must submit the results of the performance test to the
Administrator at the appropriate address listed in Sec.63.13.
(2) Within 60 days after the date of completing each CEMS
performance evaluation (as defined in 63.2), you must submit the results
of the performance evaluation following the procedure specified in
either paragraph (h)(2)(i) or (ii) of this section.
(i) 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, 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 or an alternate file
format consistent with the XML schema listed on the EPA's ERT Web site.
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 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.
(ii) For any performance evaluations of continuous monitoring
systems measuring RATA pollutants that are not supported by the EPA's
ERT as listed on the ERT Web site at the time of the evaluation, you
must submit the results of the performance evaluation to the
Administrator at the appropriate address listed in Sec.63.13.
(3) You must submit all reports required by Table 9 of this subpart
electronically to the EPA via the CEDRI. (CEDRI can be accessed through
the EPA's CDX.) You must use the appropriate electronic report in CEDRI
for this subpart. Instead of using the electronic report in CEDRI for
this subpart, you may submit an alternate electronic file consistent
with the XML schema listed on the CEDRI Web site (http://www.epa.gov/
ttn/chief/cedri/index.html), once the XML schema is available. If the
reporting form specific

[[Page 177]]

to this subpart is not available in CEDRI at the time that the report is
due, you must submit the report to the Administrator at the appropriate
address listed in Sec.63.13. You must begin submitting reports via
CEDRI no later than 90 days after the form becomes available in CEDRI.

[78 FR 7183, Jan. 31, 2013, as amended at 80 FR 72814, Nov. 20, 2015]

Sec.63.7555 What records must I keep?

(a) You must keep records according to paragraphs (a)(1) and (2) of
this section.
(1) A copy of each notification and report that you submitted to
comply with this subpart, including all documentation supporting any
Initial Notification or Notification of Compliance Status or semiannual
compliance report that you submitted, according to the requirements in
Sec.63.10(b)(2)(xiv).
(2) Records of performance tests, fuel analyses, or other compliance
demonstrations and performance evaluations as required in Sec.
63.10(b)(2)(viii).
(3) For units in the limited use subcategory, you must keep a copy
of the federally enforceable permit that limits the annual capacity
factor to less than or equal to 10 percent and fuel use records for the
days the boiler or process heater was operating.
(b) For each CEMS, COMS, and continuous monitoring system you must
keep records according to paragraphs (b)(1) through (5) of this section.
(1) Records described in Sec.63.10(b)(2)(vii) through (xi).
(2) Monitoring data for continuous opacity monitoring system during
a performance evaluation as required in Sec.63.6(h)(7)(i) and (ii).
(3) Previous (i.e., superseded) versions of the performance
evaluation plan as required in Sec.63.8(d)(3).
(4) Request for alternatives to relative accuracy test for CEMS as
required in Sec.63.8(f)(6)(i).
(5) Records of the date and time that each deviation started and
stopped.
(c) You must keep the records required in Table 8 to this subpart
including records of all monitoring data and calculated averages for
applicable operating limits, such as opacity, pressure drop, pH, and
operating load, to show continuous compliance with each emission limit
and operating limit that applies to you.
(d) For each boiler or process heater subject to an emission limit
in Tables 1, 2, or 11 through 13 to this subpart, you must also keep the
applicable records in paragraphs (d)(1) through (11) of this section.
(1) You must keep records of monthly fuel use by each boiler or
process heater, including the type(s) of fuel and amount(s) used.
(2) If you combust non-hazardous secondary materials that have been
determined not to be solid waste pursuant to Sec.241.3(b)(1) and (2)
of this chapter, you must keep a record that documents how the secondary
material meets each of the legitimacy criteria under Sec.241.3(d)(1)
of this chapter. If you combust a fuel that has been processed from a
discarded non-hazardous secondary material pursuant to Sec.241.3(b)(4)
of this chapter, you must keep records as to how the operations that
produced the fuel satisfy the definition of processing in Sec.241.2 of
this chapter. If the fuel received a non-waste determination pursuant to
the petition process submitted under Sec.241.3(c) of this chapter, you
must keep a record that documents how the fuel satisfies the
requirements of the petition process. For operating units that combust
non-hazardous secondary materials as fuel per Sec.241.4 of this
chapter, you must keep records documenting that the material is listed
as a non-waste under Sec.241.4(a) of this chapter. Units exempt from
the incinerator standards under section 129(g)(1) of the Clean Air Act
because they are qualifying facilities burning a homogeneous waste
stream do not need to maintain the records described in this paragraph
(d)(2).
(3) A copy of all calculations and supporting documentation of
maximum chlorine fuel input, using Equation 7 of Sec.63.7530, that
were done to demonstrate continuous compliance with the HCl emission
limit, for sources that demonstrate compliance through performance
testing. For sources that demonstrate compliance through fuel analysis,
a copy of all calculations and supporting documentation of HCl emission
rates, using Equation 16 of Sec.63.7530,

[[Page 178]]

that were done to demonstrate compliance with the HCl emission limit.
Supporting documentation should include results of any fuel analyses and
basis for the estimates of maximum chlorine fuel input or HCl emission
rates. You can use the results from one fuel analysis for multiple
boilers and process heaters provided they are all burning the same fuel
type. However, you must calculate chlorine fuel input, or HCl emission
rate, for each boiler and process heater.
(4) A copy of all calculations and supporting documentation of
maximum mercury fuel input, using Equation 8 of Sec.63.7530, that were
done to demonstrate continuous compliance with the mercury emission
limit for sources that demonstrate compliance through performance
testing. For sources that demonstrate compliance through fuel analysis,
a copy of all calculations and supporting documentation of mercury
emission rates, using Equation 17 of Sec.63.7530, that were done to
demonstrate compliance with the mercury emission limit. Supporting
documentation should include results of any fuel analyses and basis for
the estimates of maximum mercury fuel input or mercury emission rates.
You can use the results from one fuel analysis for multiple boilers and
process heaters provided they are all burning the same fuel type.
However, you must calculate mercury fuel input, or mercury emission
rates, for each boiler and process heater.
(5) If, consistent with Sec.63.7515(b), you choose to stack test
less frequently than annually, you must keep a record that documents
that your emissions in the previous stack test(s) were less than 75
percent of the applicable emission limit (or, in specific instances
noted in Tables 1 and 2 or 11 through 13 to this subpart, less than the
applicable emission limit), and document that there was no change in
source operations including fuel composition and operation of air
pollution control equipment that would cause emissions of the relevant
pollutant to increase within the past year.
(6) Records of the occurrence and duration of each malfunction of
the boiler or process heater, or of the associated air pollution control
and monitoring equipment.
(7) Records of actions taken during periods of malfunction to
minimize emissions in accordance with the general duty to minimize
emissions in Sec.63.7500(a)(3), including corrective actions to
restore the malfunctioning boiler or process heater, air pollution
control, or monitoring equipment to its normal or usual manner of
operation.
(8) A copy of all calculations and supporting documentation of
maximum TSM fuel input, using Equation 9 of Sec.63.7530, that were
done to demonstrate continuous compliance with the TSM emission limit
for sources that demonstrate compliance through performance testing. For
sources that demonstrate compliance through fuel analysis, a copy of all
calculations and supporting documentation of TSM emission rates, using
Equation 18 of Sec.63.7530, that were done to demonstrate compliance
with the TSM emission limit. Supporting documentation should include
results of any fuel analyses and basis for the estimates of maximum TSM
fuel input or TSM emission rates. You can use the results from one fuel
analysis for multiple boilers and process heaters provided they are all
burning the same fuel type. However, you must calculate TSM fuel input,
or TSM emission rates, for each boiler and process heater.
(9) You must maintain records of the calendar date, time, occurrence
and duration of each startup and shutdown.
(10) You must maintain records of the type(s) and amount(s) of fuels
used during each startup and shutdown.
(11) For each startup period, for units selecting paragraph (2) of
the definition of ``startup'' in Sec.63.7575 you must maintain records
of the time that clean fuel combustion begins; the time when you start
feeding fuels that are not clean fuels; the time when useful thermal
energy is first supplied; and the time when the PM controls are engaged.
(12) If you choose to rely on paragraph (2) of the definition of
``startup'' in Sec.63.7575, for each startup period, you must maintain
records of the hourly steam temperature, hourly steam pressure, hourly
steam flow, hourly flue

[[Page 179]]

gas temperature, and all hourly average CMS data (e.g., CEMS, PM CPMS,
COMS, ESP total secondary electric power input, scrubber pressure drop,
scrubber liquid flow rate) collected during each startup period to
confirm that the control devices are engaged. In addition, if compliance
with the PM emission limit is demonstrated using a PM control device,
you must maintain records as specified in paragraphs (d)(12)(i) through
(iii) of this section.
(i) For a boiler or process heater with an electrostatic
precipitator, record the number of fields in service, as well as each
field's secondary voltage and secondary current during each hour of
startup.
(ii) For a boiler or process heater with a fabric filter, record the
number of compartments in service, as well as the differential pressure
across the baghouse during each hour of startup.
(iii) For a boiler or process heater with a wet scrubber needed for
filterable PM control, record the scrubber's liquid flow rate and the
pressure drop during each hour of startup.
(13) If you choose to use paragraph (2) of the definition of
``startup'' in Sec.63.7575 and you find that you are unable to safely
engage and operate your PM control(s) within 1 hour of first firing of
non-clean fuels, you may choose to rely on paragraph (1) of definition
of ``startup'' in Sec.63.7575 or you may submit to the delegated
permitting authority a request for a variance with the PM controls
requirement, as described below.
(i) The request shall provide evidence of a documented manufacturer-
identified safety issue.
(ii) The request shall provide information to document that the PM
control device is adequately designed and sized to meet the applicable
PM emission limit.
(iii) In addition, the request shall contain documentation that:
(A) The unit is using clean fuels to the maximum extent possible to
bring the unit and PM control device up to the temperature necessary to
alleviate or prevent the identified safety issues prior to the
combustion of primary fuel;
(B) The unit has explicitly followed the manufacturer's procedures
to alleviate or prevent the identified safety issue; and
(C) Identifies with specificity the details of the manufacturer's
statement of concern.
(iv) You must comply with all other work practice requirements,
including but not limited to data collection, recordkeeping, and
reporting requirements.
(e) If you elect to average emissions consistent with Sec.63.7522,
you must additionally keep a copy of the emission averaging
implementation plan required in Sec.63.7522(g), all calculations
required under Sec.63.7522, including monthly records of heat input or
steam generation, as applicable, and monitoring records consistent with
Sec.63.7541.
(f) If you elect to use efficiency credits from energy conservation
measures to demonstrate compliance according to Sec.63.7533, you must
keep a copy of the Implementation Plan required in Sec.63.7533(d) and
copies of all data and calculations used to establish credits according
to Sec.63.7533(b), (c), and (f).
(g) If you elected to demonstrate that the unit meets the
specification for mercury for the unit designed to burn gas 1
subcategory, you must maintain monthly records (or at the frequency
required by Sec.63.7540(c)) of the calculations and results of the
fuel specification for mercury in Table 6.
(h) If you operate a unit in the unit designed to burn gas 1
subcategory that is subject to this subpart, and you use an alternative
fuel other than natural gas, refinery gas, gaseous fuel subject to
another subpart under this part, other gas 1 fuel, or gaseous fuel
subject to another subpart of this part or part 60, 61, or 65, you must
keep records of the total hours per calendar year that alternative fuel
is burned and the total hours per calendar year that the unit operated
during periods of gas curtailment or gas supply emergencies.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7185, Jan. 31, 2013; 80
FR 72816, Nov. 20, 2015]

Sec.63.7560 In what form and how long must I keep my records?

(a) Your records must be in a form suitable and readily available
for expeditious review, according to Sec.63.10(b)(1).

[[Page 180]]

(b) As specified in Sec.63.10(b)(1), you must keep each record for
5 years following the date of each occurrence, measurement, maintenance,
corrective action, report, or record.
(c) You must keep each record on site, or they must be accessible
from on site (for example, through a computer network), for at least 2
years after the date of each occurrence, measurement, maintenance,
corrective action, report, or record, according to Sec.63.10(b)(1).
You can keep the records off site for the remaining 3 years.

Other Requirements and Information

Sec.63.7565 What parts of the General Provisions apply to me?

Table 10 to this subpart shows which parts of the General Provisions
in Sec. Sec.63.1 through 63.15 apply to you.

Sec.63.7570 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the EPA, or an
Administrator such as your state, local, or tribal agency. If the EPA
Administrator has delegated authority to your state, local, or tribal
agency, then that agency (as well as the EPA) has the authority to
implement and enforce this subpart. You should contact your EPA Regional
Office to find out if this subpart is delegated to your state, local, or
tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a state, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities listed in paragraphs (b)(1) through (4) of
this section are retained by the EPA Administrator and are not
transferred to the state, local, or tribal agency, however, the EPA
retains oversight of this subpart and can take enforcement actions, as
appropriate.
(1) Approval of alternatives to the emission limits and work
practice standards in Sec.63.7500(a) and (b) under Sec.63.6(g),
except as specified in Sec.63.7555(d)(13).
(2) Approval of major change to test methods in Table 5 to this
subpart under Sec.63.7(e)(2)(ii) and (f) and as defined in Sec.
63.90, and alternative analytical methods requested under Sec.
63.7521(b)(2).
(3) Approval of major change to monitoring under Sec.63.8(f) and
as defined in Sec.63.90, and approval of alternative operating
parameters under Sec. Sec.63.7500(a)(2) and 63.7522(g)(2).
(4) Approval of major change to recordkeeping and reporting under
Sec.63.10(e) and as defined in Sec.63.90.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7186, Jan. 31, 2013; 80
FR 72817, Nov. 20, 2015]

Sec.63.7575 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in
Sec.63.2 (the General Provisions), and in this section as follows:
10-day rolling average means the arithmetic mean of the previous 240
hours of valid operating data. Valid data excludes hours during startup
and shutdown, data collected during periods when the monitoring system
is out of control as specified in your site-specific monitoring plan,
while conducting repairs associated with periods when the monitoring
system is out of control, or while conducting required monitoring system
quality assurance or quality control activities, and periods when this
unit is not operating. The 240 hours should be consecutive, but not
necessarily continuous if operations were intermittent.
30-day rolling average means the arithmetic mean of the previous 720
hours of valid CO CEMS data. The 720 hours should be consecutive, but
not necessarily continuous if operations were intermittent. For
parameters other than CO, 30-day rolling average means either the
arithmetic mean of all valid hours of data from 30 successive operating
days or the arithmetic mean of the previous 720 hours of valid operating
data. Valid data excludes hours during startup and shutdown, data
collected during periods when the monitoring system is out of control as
specified in your site-specific monitoring plan, while conducting
repairs associated with periods when the monitoring system is out of
control, or while conducting required monitoring system quality
assurance or quality control activities, and periods when this unit is
not operating.

[[Page 181]]

Annual capacity factor means the ratio between the actual heat input
to a boiler or process heater from the fuels burned during a calendar
year and the potential heat input to the boiler or process heater had it
been operated for 8,760 hours during a year at the maximum steady state
design heat input capacity.
Annual heat input means the heat input for the 12 months preceding
the compliance demonstration.
Average annual heat input rate means total heat input divided by the
hours of operation for the 12 months preceding the compliance
demonstration.
Bag leak detection system means a group of instruments that are
capable of monitoring particulate matter loadings in the exhaust of a
fabric filter (i.e., baghouse) in order to detect bag failures. A bag
leak detection system includes, but is not limited to, an instrument
that operates on electrodynamic, triboelectric, light scattering, light
transmittance, or other principle to monitor relative particulate matter
loadings.
Benchmark means the fuel heat input for a boiler or process heater
for the one-year period before the date that an energy demand reduction
occurs, unless it can be demonstrated that a different time period is
more representative of historical operations.
Biodiesel means a mono-alkyl ester derived from biomass and
conforming to ASTM D6751-11b, Standard Specification for Biodiesel Fuel
Blend Stock (B100) for Middle Distillate Fuels (incorporated by
reference, see Sec.63.14).
Biomass or bio-based solid fuel means any biomass-based solid fuel
that is not a solid waste. This includes, but is not limited to, wood
residue; wood products (e.g., trees, tree stumps, tree limbs, bark,
lumber, sawdust, sander dust, chips, scraps, slabs, millings, and
shavings); animal manure, including litter and other bedding materials;
vegetative agricultural and silvicultural materials, such as logging
residues (slash), nut and grain hulls and chaff (e.g., almond, walnut,
peanut, rice, and wheat), bagasse, orchard prunings, corn stalks, coffee
bean hulls and grounds. This definition of biomass is not intended to
suggest that these materials are or are not solid waste.
Blast furnace gas fuel-fired boiler or process heater means an
industrial/commercial/institutional boiler or process heater that
receives 90 percent or more of its total annual gas volume from blast
furnace gas.
Boiler means an enclosed device using controlled flame combustion
and having the primary purpose of recovering thermal energy in the form
of steam or hot water. Controlled flame combustion refers to a steady-
state, or near steady-state, process wherein fuel and/or oxidizer feed
rates are controlled. A device combusting solid waste, as defined in
Sec.241.3 of this chapter, is not a boiler unless the device is exempt
from the definition of a solid waste incineration unit as provided in
section 129(g)(1) of the Clean Air Act. Waste heat boilers are excluded
from this definition.
Boiler system means the boiler and associated components, such as,
the feed water system, the combustion air system, the fuel system
(including burners), blowdown system, combustion control systems, steam
systems, and condensate return systems.
Calendar year means the period between January 1 and December 31,
inclusive, for a given year.
Clean dry biomass means any biomass-based solid fuel that have not
been painted, pigment-stained, or pressure treated, does not contain
contaminants at concentrations not normally associated with virgin
biomass materials and has a moisture content of less than 20 percent and
is not a solid waste.
Coal means all solid fuels classifiable as anthracite, bituminous,
sub-bituminous, or lignite by ASTM D388 (incorporated by reference, see
Sec.63.14), coal refuse, and petroleum coke. For the purposes of this
subpart, this definition of ``coal'' includes synthetic fuels derived
from coal, including but not limited to, solvent-refined coal, coal-oil
mixtures, and coal-water mixtures. Coal derived gases are excluded from
this definition.
Coal refuse means any by-product of coal mining or coal cleaning
operations with an ash content greater than 50 percent (by weight) and a
heating value less than 13,900 kilojoules per kilogram (6,000 Btu per
pound) on a dry basis.

[[Page 182]]

Commercial/institutional boiler means a boiler used in commercial
establishments or institutional establishments such as medical centers,
nursing homes, research centers, institutions of higher education,
elementary and secondary schools, libraries, religious establishments,
governmental buildings, hotels, restaurants, and laundries to provide
electricity, steam, and/or hot water.
Common stack means the exhaust of emissions from two or more
affected units through a single flue. Affected units with a common stack
may each have separate air pollution control systems located before the
common stack, or may have a single air pollution control system located
after the exhausts come together in a single flue.
Cost-effective energy conservation measure means a measure that is
implemented to improve the energy efficiency of the boiler or facility
that has a payback (return of investment) period of 2 years or less.
Daily block average means the arithmetic mean of all valid emission
concentrations or parameter levels recorded when a unit is operating
measured over the 24-hour period from 12 a.m. (midnight) to 12 a.m.
(midnight), except for periods of startup and shutdown or downtime.
Deviation. (1) Deviation means any instance in which an affected
source subject to this subpart, or an owner or operator of such a
source:
(i) Fails to meet any applicable requirement or obligation
established by this subpart including, but not limited to, any emission
limit, operating limit, or work practice standard; or
(ii) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is included
in the operating permit for any affected source required to obtain such
a permit.
(2) A deviation is not always a violation.
Dioxins/furans means tetra- through octa-chlorinated dibenzo-p-
dioxins and dibenzofurans.
Distillate oil means fuel oils that contain 0.05 weight percent
nitrogen or less and comply with the specifications for fuel oil numbers
1 and 2, as defined by the American Society of Testing and Materials in
ASTM D396 (incorporated by reference, see Sec.63.14) or diesel fuel
oil numbers 1 and 2, as defined by the American Society for Testing and
Materials in ASTM D975 (incorporated by reference, see Sec.63.14),
kerosene, and biodiesel as defined by the American Society of Testing
and Materials in ASTM D6751-11b (incorporated by reference, see Sec.
60.14).
Dry scrubber means an add-on air pollution control system that
injects dry alkaline sorbent (dry injection) or sprays an alkaline
sorbent (spray dryer) to react with and neutralize acid gas in the
exhaust stream forming a dry powder material. Sorbent injection systems
used as control devices in fluidized bed boilers and process heaters are
included in this definition. A dry scrubber is a dry control system.
Dutch oven means a unit having a refractory-walled cell connected to
a conventional boiler setting. Fuel materials are introduced through an
opening in the roof of the dutch oven and burn in a pile on its floor.
Fluidized bed boilers are not part of the dutch oven design category.
Efficiency credit means emission reductions above those required by
this subpart. Efficiency credits generated may be used to comply with
the emissions limits. Credits may come from pollution prevention
projects that result in reduced fuel use by affected units. Boilers that
are shut down cannot be used to generate credits unless the facility
provides documentation linking the permanent shutdown to implementation
of the energy conservation measures identified in the energy assessment.
Electric utility steam generating unit (EGU) means a fossil fuel-
fired combustion unit of more than 25 megawatts electric (MWe) that
serves a generator that produces electricity for sale. A fossil fuel-
fired unit that cogenerates steam and electricity and supplies more than
one-third of its potential electric output capacity and more than 25 MWe
output to any utility power distribution system for sale is considered
an electric utility steam generating unit. To be ``capable of
combusting'' fossil fuels, an EGU would need to have these fuels allowed
in their operating permits and have the

[[Page 183]]

appropriate fuel handling facilities on-site or otherwise available
(e.g., coal handling equipment, including coal storage area, belts and
conveyers, pulverizers, etc.; oil storage facilities). In addition,
fossil fuel-fired EGU means any EGU that fired fossil fuel for more than
10.0 percent of the average annual heat input in any 3 consecutive
calendar years or for more than 15.0 percent of the annual heat input
during any one calendar year after April 16, 2012.
Electrostatic precipitator (ESP) means an add-on air pollution
control device used to capture particulate matter by charging the
particles using an electrostatic field, collecting the particles using a
grounded collecting surface, and transporting the particles into a
hopper. An electrostatic precipitator is usually a dry control system.
Energy assessment means the following for the emission units covered
by this subpart:
(1) The energy assessment for facilities with affected boilers and
process heaters with a combined heat input capacity of less than 0.3
trillion Btu (TBtu) per year will be 8 on-site technical labor hours in
length maximum, but may be longer at the discretion of the owner or
operator of the affected source. The boiler system(s), process
heater(s), and any on-site energy use system(s) accounting for at least
50 percent of the affected boiler(s) energy (e.g., steam, hot water,
process heat, or electricity) production, as applicable, will be
evaluated to identify energy savings opportunities, within the limit of
performing an 8-hour on-site energy assessment.
(2) The energy assessment for facilities with affected boilers and
process heaters with a combined heat input capacity of 0.3 to 1.0 TBtu/
year will be 24 on-site technical labor hours in length maximum, but may
be longer at the discretion of the owner or operator of the affected
source. The boiler system(s), process heater(s), and any on-site energy
use system(s) accounting for at least 33 percent of the energy (e.g.,
steam, hot water, process heat, or electricity) production, as
applicable, will be evaluated to identify energy savings opportunities,
within the limit of performing a 24-hour on-site energy assessment.
(3) The energy assessment for facilities with affected boilers and
process heaters with a combined heat input capacity greater than 1.0
TBtu/year will be up to 24 on-site technical labor hours in length for
the first TBtu/yr plus 8 on-site technical labor hours for every
additional 1.0 TBtu/yr not to exceed 160 on-site technical hours, but
may be longer at the discretion of the owner or operator of the affected
source. The boiler system(s), process heater(s), and any on-site energy
use system(s) accounting for at least 20 percent of the energy (e.g.,
steam, process heat, hot water, or electricity) production, as
applicable, will be evaluated to identify energy savings opportunities.
(4) The on-site energy use systems serving as the basis for the
percent of affected boiler(s) and process heater(s) energy production in
paragraphs (1), (2), and (3) of this definition may be segmented by
production area or energy use area as most logical and applicable to the
specific facility being assessed (e.g., product X manufacturing area;
product Y drying area; Building Z).
Energy management practices means the set of practices and
procedures designed to manage energy use that are demonstrated by the
facility's energy policies, a facility energy manager and other staffing
responsibilities, energy performance measurement and tracking methods,
an energy saving goal, action plans, operating procedures, internal
reporting requirements, and periodic review intervals used at the
facility.
Energy management program means a program that includes a set of
practices and procedures designed to manage energy use that are
demonstrated by the facility's energy policies, a facility energy
manager and other staffing responsibilities, energy performance
measurement and tracking methods, an energy saving goal, action plans,
operating procedures, internal reporting requirements, and periodic
review intervals used at the facility. Facilities may establish their
program through energy management systems compatible with ISO 50001.

[[Page 184]]

Energy use system includes the following systems located on-site
that use energy (steam, hot water, or electricity) provided by the
affected boiler or process heater: process heating; compressed air
systems; machine drive (motors, pumps, fans); process cooling; facility
heating, ventilation, and air-conditioning systems; hot water systems;
building envelop; and lighting; or other systems that use steam, hot
water, process heat, or electricity provided by the affected boiler or
process heater. Energy use systems are only those systems using energy
clearly produced by affected boilers and process heaters.
Equivalent means the following only as this term is used in Table 6
to this subpart:
(1) An equivalent sample collection procedure means a published
voluntary consensus standard or practice (VCS) or EPA method that
includes collection of a minimum of three composite fuel samples, with
each composite consisting of a minimum of three increments collected at
approximately equal intervals over the test period.
(2) An equivalent sample compositing procedure means a published VCS
or EPA method to systematically mix and obtain a representative
subsample (part) of the composite sample.
(3) An equivalent sample preparation procedure means a published VCS
or EPA method that: Clearly states that the standard, practice or method
is appropriate for the pollutant and the fuel matrix; or is cited as an
appropriate sample preparation standard, practice or method for the
pollutant in the chosen VCS or EPA determinative or analytical method.
(4) An equivalent procedure for determining heat content means a
published VCS or EPA method to obtain gross calorific (or higher
heating) value.
(5) An equivalent procedure for determining fuel moisture content
means a published VCS or EPA method to obtain moisture content. If the
sample analysis plan calls for determining metals (especially the
mercury, selenium, or arsenic) using an aliquot of the dried sample,
then the drying temperature must be modified to prevent vaporizing these
metals. On the other hand, if metals analysis is done on an ``as
received'' basis, a separate aliquot can be dried to determine moisture
content and the metals concentration mathematically adjusted to a dry
basis.
(6) An equivalent pollutant (mercury, HCl) determinative or
analytical procedure means a published VCS or EPA method that clearly
states that the standard, practice, or method is appropriate for the
pollutant and the fuel matrix and has a published detection limit equal
or lower than the methods listed in Table 6 to this subpart for the same
purpose.
Fabric filter means an add-on air pollution control device used to
capture particulate matter by filtering gas streams through filter
media, also known as a baghouse. A fabric filter is a dry control
system.
Federally enforceable means all limitations and conditions that are
enforceable by the EPA Administrator, including, but not limited to, the
requirements of 40 CFR parts 60, 61, 63, and 65, requirements within any
applicable state implementation plan, and any permit requirements
established under 40 CFR 52.21 or under 40 CFR 51.18 and 40 CFR 51.24.
Fluidized bed boiler means a boiler utilizing a fluidized bed
combustion process that is not a pulverized coal boiler.
Fluidized bed boiler with an integrated fluidized bed heat exchanger
means a boiler utilizing a fluidized bed combustion where the entire
tube surface area is located outside of the furnace section at the exit
of the cyclone section and exposed to the flue gas stream for conductive
heat transfer. This design applies only to boilers in the unit designed
to burn coal/solid fossil fuel subcategory that fire coal refuse.
Fluidized bed combustion means a process where a fuel is burned in a
bed of granulated particles, which are maintained in a mobile suspension
by the forward flow of air and combustion products.
Fossil fuel means natural gas, oil, coal, and any form of solid,
liquid, or gaseous fuel derived from such material.
Fuel cell means a boiler type in which the fuel is dropped onto
suspended fixed grates and is fired in a pile. The

[[Page 185]]

refractory-lined fuel cell uses combustion air preheating and
positioning of secondary and tertiary air injection ports to improve
boiler efficiency. Fluidized bed, dutch oven, pile burner, hybrid
suspension grate, and suspension burners are not part of the fuel cell
subcategory.
Fuel type means each category of fuels that share a common name or
classification. Examples include, but are not limited to, bituminous
coal, sub-bituminous coal, lignite, anthracite, biomass, distillate oil,
residual oil. Individual fuel types received from different suppliers
are not considered new fuel types.
Gaseous fuel includes, but is not limited to, natural gas, process
gas, landfill gas, coal derived gas, refinery gas, and biogas. Blast
furnace gas and process gases that are regulated under another subpart
of this part, or part 60, part 61, or part 65 of this chapter, are
exempted from this definition.
Heat input means heat derived from combustion of fuel in a boiler or
process heater and does not include the heat input from preheated
combustion air, recirculated flue gases, returned condensate, or exhaust
gases from other sources such as gas turbines, internal combustion
engines, kilns, etc.
Heavy liquid includes residual oil and any other liquid fuel not
classified as a light liquid.
Hourly average means the arithmetic average of at least four CMS
data values representing the four 15-minute periods in an hour, or at
least two 15-minute data values during an hour when CMS calibration,
quality assurance, or maintenance activities are being performed.
Hot water heater means a closed vessel with a capacity of no more
than 120 U.S. gallons in which water is heated by combustion of gaseous,
liquid, or biomass/bio-based solid fuel and is withdrawn for use
external to the vessel. Hot water boilers (i.e., not generating steam)
combusting gaseous, liquid, or biomass fuel with a heat input capacity
of less than 1.6 million Btu per hour are included in this definition.
The 120 U.S. gallon capacity threshold to be considered a hot water
heater is independent of the 1.6 MMBtu/hr heat input capacity threshold
for hot water boilers. Hot water heater also means a tankless unit that
provides on demand hot water.
Hybrid suspension grate boiler means a boiler designed with air
distributors to spread the fuel material over the entire width and depth
of the boiler combustion zone. The biomass fuel combusted in these units
exceeds a moisture content of 40 percent on an as-fired annual heat
input basis as demonstrated by monthly fuel analysis. The drying and
much of the combustion of the fuel takes place in suspension, and the
combustion is completed on the grate or floor of the boiler. Fluidized
bed, dutch oven, and pile burner designs are not part of the hybrid
suspension grate boiler design category.
Industrial boiler means a boiler used in manufacturing, processing,
mining, and refining or any other industry to provide steam, hot water,
and/or electricity.
Light liquid includes distillate oil, biodiesel, or vegetable oil.
Limited-use boiler or process heater means any boiler or process
heater that burns any amount of solid, liquid, or gaseous fuels and has
a federally enforceable annual capacity factor of no more than 10
percent.
Liquid fuel includes, but is not limited to, light liquid, heavy
liquid, any form of liquid fuel derived from petroleum, used oil, liquid
biofuels, biodiesel, and vegetable oil.
Load fraction means the actual heat input of a boiler or process
heater divided by heat input during the performance test that
established the minimum sorbent injection rate or minimum activated
carbon injection rate, expressed as a fraction (e.g., for 50 percent
load the load fraction is 0.5). For boilers and process heaters that co-
fire natural gas or refinery gas with a solid or liquid fuel, the load
fraction is determined by the actual heat input of the solid or liquid
fuel divided by heat input of the solid or liquid fuel fired during the
performance test (e.g., if the performance test was conducted at 100
percent solid fuel firing, for 100 percent load firing 50 percent solid
fuel and 50 percent natural gas the load fraction is 0.5).

[[Page 186]]

Major source for oil and natural gas production facilities, as used
in this subpart, shall have the same meaning as in Sec.63.2, except
that:
(1) Emissions from any oil or gas exploration or production well
(with its associated equipment, as defined in this section), and
emissions from any pipeline compressor station or pump station shall not
be aggregated with emissions from other similar units to determine
whether such emission points or stations are major sources, even when
emission points are in a contiguous area or under common control;
(2) Emissions from processes, operations, or equipment that are not
part of the same facility, as defined in this section, shall not be
aggregated; and
(3) For facilities that are production field facilities, only HAP
emissions from glycol dehydration units and storage vessels with the
potential for flash emissions shall be aggregated for a major source
determination. For facilities that are not production field facilities,
HAP emissions from all HAP emission units shall be aggregated for a
major source determination.
Metal process furnaces are a subcategory of process heaters, as
defined in this subpart, which include natural gas-fired annealing
furnaces, preheat furnaces, reheat furnaces, aging furnaces, heat treat
furnaces, and homogenizing furnaces.
Million Btu (MMBtu) means one million British thermal units.
Minimum activated carbon injection rate means load fraction
multiplied by the lowest hourly average activated carbon injection rate
measured according to Table 7 to this subpart during the most recent
performance test demonstrating compliance with the applicable emission
limit.
Minimum oxygen level means the lowest hourly average oxygen level
measured according to Table 7 to this subpart during the most recent
performance test demonstrating compliance with the applicable emission
limit.
Minimum pressure drop means the lowest hourly average pressure drop
measured according to Table 7 to this subpart during the most recent
performance test demonstrating compliance with the applicable emission
limit.
Minimum scrubber effluent pH means the lowest hourly average sorbent
liquid pH measured at the inlet to the wet scrubber according to Table 7
to this subpart during the most recent performance test demonstrating
compliance with the applicable hydrogen chloride emission limit.
Minimum scrubber liquid flow rate means the lowest hourly average
liquid flow rate (e.g., to the PM scrubber or to the acid gas scrubber)
measured according to Table 7 to this subpart during the most recent
performance stack test demonstrating compliance with the applicable
emission limit.
Minimum scrubber pressure drop means the lowest hourly average
scrubber pressure drop measured according to Table 7 to this subpart
during the most recent performance test demonstrating compliance with
the applicable emission limit.
Minimum sorbent injection rate means:
(1) The load fraction multiplied by the lowest hourly average
sorbent injection rate for each sorbent measured according to Table 7 to
this subpart during the most recent performance test demonstrating
compliance with the applicable emission limits; or
(2) For fluidized bed combustion not using an acid gas wet scrubber
or dry sorbent injection control technology to comply with the HCl
emission limit, the lowest average ratio of sorbent to sulfur measured
during the most recent performance test.
Minimum total secondary electric power means the lowest hourly
average total secondary electric power determined from the values of
secondary voltage and secondary current to the electrostatic
precipitator measured according to Table 7 to this subpart during the
most recent performance test demonstrating compliance with the
applicable emission limits.
Natural gas means:
(1) A naturally occurring mixture of hydrocarbon and nonhydrocarbon
gases found in geologic formations beneath the earth's surface, of which
the principal constituent is methane; or
(2) Liquefied petroleum gas, as defined in ASTM D1835 (incorporated
by reference, see Sec.63.14); or

[[Page 187]]

(3) A mixture of hydrocarbons that maintains a gaseous state at ISO
conditions. Additionally, natural gas must either be composed of at
least 70 percent methane by volume or have a gross calorific value
between 35 and 41 megajoules (MJ) per dry standard cubic meter (950 and
1,100 Btu per dry standard cubic foot); or
(4) Propane or propane derived synthetic natural gas. Propane means
a colorless gas derived from petroleum and natural gas, with the
molecular structure C3H8.
Opacity means the degree to which emissions reduce the transmission
of light and obscure the view of an object in the background.
Operating day means a 24-hour period between 12 midnight and the
following midnight during which any fuel is combusted at any time in the
boiler or process heater unit. It is not necessary for fuel to be
combusted for the entire 24-hour period. For calculating rolling average
emissions, an operating day does not include the hours of operation
during startup or shutdown.
Other combustor means a unit designed to burn solid fuel that is not
classified as a dutch oven, fluidized bed, fuel cell, hybrid suspension
grate boiler, pulverized coal boiler, stoker, sloped grate, or
suspension boiler as defined in this subpart.
Other gas 1 fuel means a gaseous fuel that is not natural gas or
refinery gas and does not exceed a maximum concentration of 40
micrograms/cubic meters of mercury.
Oxygen analyzer system means all equipment required to determine the
oxygen content of a gas stream and used to monitor oxygen in the boiler
or process heater flue gas, boiler or process heater, firebox, or other
appropriate location. This definition includes oxygen trim systems. The
source owner or operator must install, calibrate, maintain, and operate
the oxygen analyzer system in accordance with the manufacturer's
recommendations.
Oxygen trim system means a system of monitors that is used to
maintain excess air at the desired level in a combustion device over its
operating load range. A typical system consists of a flue gas oxygen
and/or CO monitor that automatically provides a feedback signal to the
combustion air controller or draft controller.
Particulate matter (PM) means any finely divided solid or liquid
material, other than uncombined water, as measured by the test methods
specified under this subpart, or an approved alternative method.
Period of gas curtailment or supply interruption means a period of
time during which the supply of gaseous fuel to an affected boiler or
process heater is restricted or halted for reasons beyond the control of
the facility. The act of entering into a contractual agreement with a
supplier of natural gas established for curtailment purposes does not
constitute a reason that is under the control of a facility for the
purposes of this definition. An increase in the cost or unit price of
natural gas due to normal market fluctuations not during periods of
supplier delivery restriction does not constitute a period of natural
gas curtailment or supply interruption. On-site gaseous fuel system
emergencies or equipment failures qualify as periods of supply
interruption when the emergency or failure is beyond the control of the
facility.
Pile burner means a boiler design incorporating a design where the
anticipated biomass fuel has a high relative moisture content. Grates
serve to support the fuel, and underfire air flowing up through the
grates provides oxygen for combustion, cools the grates, promotes
turbulence in the fuel bed, and fires the fuel. The most common form of
pile burning is the dutch oven.
Process heater means an enclosed device using controlled flame, and
the unit's primary purpose is to transfer heat indirectly to a process
material (liquid, gas, or solid) or to a heat transfer material (e.g.,
glycol or a mixture of glycol and water) for use in a process unit,
instead of generating steam. Process heaters are devices in which the
combustion gases do not come into direct contact with process materials.
A device combusting solid waste, as defined in Sec.241.3 of this
chapter, is not a process heater unless the device is exempt from the
definition of a solid waste incineration unit as provided in section
129(g)(1) of the Clean Air Act. Process heaters do not include units

[[Page 188]]

used for comfort heat or space heat, food preparation for on-site
consumption, or autoclaves. Waste heat process heaters are excluded from
this definition.
Pulverized coal boiler means a boiler in which pulverized coal or
other solid fossil fuel is introduced into an air stream that carries
the coal to the combustion chamber of the boiler where it is fired in
suspension.
Qualified energy assessor means:
(1) Someone who has demonstrated capabilities to evaluate energy
savings opportunities for steam generation and major energy using
systems, including, but not limited to:
(i) Boiler combustion management.
(ii) Boiler thermal energy recovery, including
(A) Conventional feed water economizer,
(B) Conventional combustion air preheater, and
(C) Condensing economizer.
(iii) Boiler blowdown thermal energy recovery.
(iv) Primary energy resource selection, including
(A) Fuel (primary energy source) switching, and
(B) Applied steam energy versus direct-fired energy versus
electricity.
(v) Insulation issues.
(vi) Steam trap and steam leak management.
(vi) Condensate recovery.
(viii) Steam end-use management.
(2) Capabilities and knowledge includes, but is not limited to:
(i) Background, experience, and recognized abilities to perform the
assessment activities, data analysis, and report preparation.
(ii) Familiarity with operating and maintenance practices for steam
or process heating systems.
(iii) Additional potential steam system improvement opportunities
including improving steam turbine operations and reducing steam demand.
(iv) Additional process heating system opportunities including
effective utilization of waste heat and use of proper process heating
methods.
(v) Boiler-steam turbine cogeneration systems.
(vi) Industry specific steam end-use systems.
Refinery gas means any gas that is generated at a petroleum refinery
and is combusted. Refinery gas includes natural gas when the natural gas
is combined and combusted in any proportion with a gas generated at a
refinery. Refinery gas includes gases generated from other facilities
when that gas is combined and combusted in any proportion with gas
generated at a refinery.
Regulated gas stream means an offgas stream that is routed to a
boiler or process heater for the purpose of achieving compliance with a
standard under another subpart of this part or part 60, part 61, or part
65 of this chapter.
Residential boiler means a boiler used to provide heat and/or hot
water and/or as part of a residential combined heat and power system.
This definition includes boilers located at an institutional facility
(e.g., university campus, military base, church grounds) or commercial/
industrial facility (e.g., farm) used primarily to provide heat and/or
hot water for:
(1) A dwelling containing four or fewer families; or
(2) A single unit residence dwelling that has since been converted
or subdivided into condominiums or apartments.
Residual oil means crude oil, fuel oil that does not comply with the
specifications under the definition of distillate oil, and all fuel oil
numbers 4, 5, and 6, as defined by the American Society of Testing and
Materials in ASTM D396-10 (incorporated by reference, see Sec.
63.14(b)).
Responsible official means responsible official as defined in Sec.
70.2.
Rolling average means the average of all data collected during the
applicable averaging period. For demonstration of compliance with a CO
CEMS-based emission limit based on CO concentration a 30-day (10-day)
rolling average is comprised of the average of all the hourly average
concentrations over the previous 720 (240) operating hours calculated
each operating day. To demonstrate compliance on a 30-day rolling
average basis for parameters other than CO, you must indicate the basis
of the 30-day rolling average period you are using for compliance, as
discussed

[[Page 189]]

in Sec.63.7545(e)(2)(iii). If you indicate the 30 operating day basis,
you must calculate a new average value each operating day and shall
include the measured hourly values for the preceding 30 operating days.
If you select the 720 operating hours basis, you must average of all the
hourly average concentrations over the previous 720 operating hours
calculated each operating day.
Secondary material means the material as defined in Sec.241.2 of
this chapter.
Shutdown means the period in which cessation of operation of a
boiler or process heater is initiated for any purpose. Shutdown begins
when the boiler or process heater no longer supplies useful thermal
energy (such as heat or steam) for heating, cooling, or process purposes
and/or generates electricity or when no fuel is being fed to the boiler
or process heater, whichever is earlier. Shutdown ends when the boiler
or process heater no longer supplies useful thermal energy (such as
steam or heat) for heating, cooling, or process purposes and/or
generates electricity, and no fuel is being combusted in the boiler or
process heater.
Sloped grate means a unit where the solid fuel is fed to the top of
the grate from where it slides downwards; while sliding the fuel first
dries and then ignites and burns. The ash is deposited at the bottom of
the grate. Fluidized bed, dutch oven, pile burner, hybrid suspension
grate, suspension burners, and fuel cells are not considered to be a
sloped grate design.
Solid fossil fuel includes, but is not limited to, coal, coke,
petroleum coke, and tire derived fuel.
Solid fuel means any solid fossil fuel or biomass or bio-based solid
fuel.
Startup means:
(1) Either the first-ever firing of fuel in a boiler or process
heater for the purpose of supplying useful thermal energy for heating
and/or producing electricity, or for any other purpose, or the firing of
fuel in a boiler after a shutdown event for any purpose. Startup ends
when any of the useful thermal energy from the boiler or process heater
is supplied for heating, and/or producing electricity, or for any other
purpose, or
(2) The period in which operation of a boiler or process heater is
initiated for any purpose. Startup begins with either the first-ever
firing of fuel in a boiler or process heater for the purpose of
supplying useful thermal energy (such as steam or heat) for heating,
cooling or process purposes, or producing electricity, or the firing of
fuel in a boiler or process heater for any purpose after a shutdown
event. Startup ends four hours after when the boiler or process heater
supplies useful thermal energy (such as heat or steam) for heating,
cooling, or process purposes, or generates electricity, whichever is
earlier.
Steam output means:
(1) For a boiler that produces steam for process or heating only (no
power generation), the energy content in terms of MMBtu of the boiler
steam output,
(2) For a boiler that cogenerates process steam and electricity
(also known as combined heat and power), the total energy output, which
is the sum of the energy content of the steam exiting the turbine and
sent to process in MMBtu and the energy of the electricity generated
converted to MMBtu at a rate of 10,000 Btu per kilowatt-hour generated
(10 MMBtu per megawatt-hour), and
(3) For a boiler that generates only electricity, the alternate
output-based emission limits would be the appropriate emission limit
from Table 1 or 2 of this subpart in units of pounds per million Btu
heat input (lb per MWh).
(4) For a boiler that performs multiple functions and produces steam
to be used for any combination of paragraphs (1), (2), and (3) of this
definition that includes electricity generation of paragraph (3) of this
definition, the total energy output, in terms of MMBtu of steam output,
is the sum of the energy content of steam sent directly to the process
and/or used for heating (S1), the energy content of turbine
steam sent to process plus energy in electricity according to paragraph
(2) of this definition (S2), and the energy content of
electricity generated by a electricity only turbine as paragraph (3) of
this definition (MW(3)) and would be calculated using
Equation 21 of this section. In the case of boilers supplying steam to
one or more common heaters, S1, S2, and
MW(3) for each

[[Page 190]]

boiler would be calculated based on the its (steam energy) contribution
(fraction of total steam energy) to the common heater.
[GRAPHIC] [TIFF OMITTED] TR20NO15.000

Where:

SOM = Total steam output for multi-function boiler, MMBtu
S1 = Energy content of steam sent directly to the process
and/or used for heating, MMBtu
S2 = Energy content of turbine steam sent to the process plus
energy in electricity according to (2) above, MMBtu
MW(3) = Electricity generated according to paragraph (3) of
this definition, MWh
CFn = Conversion factor for the appropriate subcategory for converting
electricity generated according to paragraph (3) of this
definition to equivalent steam energy, MMBtu/MWh
CFn for emission limits for boilers in the unit designed to burn solid
fuel subcategory = 10.8
CFn PM and CO emission limits for boilers in one of the subcategories of
units designed to burn coal = 11.7
CFn PM and CO emission limits for boilers in one of the subcategories of
units designed to burn biomass = 12.1
CFn for emission limits for boilers in one of the subcategories of units
designed to burn liquid fuel = 11.2
CFn for emission limits for boilers in the unit designed to burn gas 2
(other) subcategory = 6.2
Stoker means a unit consisting of a mechanically operated fuel
feeding mechanism, a stationary or moving grate to support the burning
of fuel and admit under-grate air to the fuel, an overfire air system to
complete combustion, and an ash discharge system. This definition of
stoker includes air swept stokers. There are two general types of
stokers: Underfeed and overfeed. Overfeed stokers include mass feed and
spreader stokers. Fluidized bed, dutch oven, pile burner, hybrid
suspension grate, suspension burners, and fuel cells are not considered
to be a stoker design.
Stoker/sloped grate/other unit designed to burn kiln dried biomass
means the unit is in the units designed to burn biomass/bio-based solid
subcategory that is either a stoker, sloped grate, or other combustor
design and is not in the stoker/sloped grate/other units designed to
burn wet biomass subcategory.
Stoker/sloped grate/other unit designed to burn wet biomass means
the unit is in the units designed to burn biomass/bio-based solid
subcategory that is either a stoker, sloped grate, or other combustor
design and any of the biomass/bio-based solid fuel combusted in the unit
exceeds 20 percent moisture on an annual heat input basis.
Suspension burner means a unit designed to fire dry biomass/biobased
solid particles in suspension that are conveyed in an airstream to the
furnace like pulverized coal. The combustion of the fuel material is
completed on a grate or floor below. The biomass/biobased fuel combusted
in the unit shall not exceed 20 percent moisture on an annual heat input
basis. Fluidized bed, dutch oven, pile burner, and hybrid suspension
grate units are not part of the suspension burner subcategory.
Temporary boiler means any gaseous or liquid fuel boiler or process
heater that is designed to, and is capable of, being carried or moved
from one location to another by means of, for example, wheels, skids,
carrying handles, dollies, trailers, or platforms. A boiler or process
heater is not a temporary boiler or process heater if any one of the
following conditions exists:
(1) The equipment is attached to a foundation.
(2) The boiler or process heater or a replacement remains at a
location within the facility and performs the same or similar function
for more than 12 consecutive months, unless the regulatory agency
approves an extension. An extension may be granted by the regulating
agency upon petition by the owner or operator of a unit specifying the
basis for such a request. Any temporary boiler or process heater that
replaces a temporary boiler or process heater at a location and performs
the

[[Page 191]]

same or similar function will be included in calculating the consecutive
time period.
(3) The equipment is located at a seasonal facility and operates
during the full annual operating period of the seasonal facility,
remains at the facility for at least 2 years, and operates at that
facility for at least 3 months each year.
(4) The equipment is moved from one location to another within the
facility but continues to perform the same or similar function and serve
the same electricity, process heat, steam, and/or hot water system in an
attempt to circumvent the residence time requirements of this
definition.
Total selected metals (TSM) means the sum of the following metallic
hazardous air pollutants: arsenic, beryllium, cadmium, chromium, lead,
manganese, nickel and selenium.
Traditional fuel means the fuel as defined in Sec.241.2 of this
chapter.
Tune-up means adjustments made to a boiler or process heater in
accordance with the procedures outlined in Sec.63.7540(a)(10).
Ultra low sulfur liquid fuel means a distillate oil that has less
than or equal to 15 ppm sulfur.
Unit designed to burn biomass/bio-based solid subcategory includes
any boiler or process heater that burns at least 10 percent biomass or
bio-based solids on an annual heat input basis in combination with solid
fossil fuels, liquid fuels, or gaseous fuels.
Unit designed to burn coal/solid fossil fuel subcategory includes
any boiler or process heater that burns any coal or other solid fossil
fuel alone or at least 10 percent coal or other solid fossil fuel on an
annual heat input basis in combination with liquid fuels, gaseous fuels,
or less than 10 percent biomass and bio-based solids on an annual heat
input basis.
Unit designed to burn gas 1 subcategory includes any boiler or
process heater that burns only natural gas, refinery gas, and/or other
gas 1 fuels. Gaseous fuel boilers and process heaters that burn liquid
fuel for periodic testing of liquid fuel, maintenance, or operator
training, not to exceed a combined total of 48 hours during any calendar
year, are included in this definition. Gaseous fuel boilers and process
heaters that burn liquid fuel during periods of gas curtailment or gas
supply interruptions of any duration are also included in this
definition.
Unit designed to burn gas 2 (other) subcategory includes any boiler
or process heater that is not in the unit designed to burn gas 1
subcategory and burns any gaseous fuels either alone or in combination
with less than 10 percent coal/solid fossil fuel, and less than 10
percent biomass/bio-based solid fuel on an annual heat input basis, and
no liquid fuels. Gaseous fuel boilers and process heaters that are not
in the unit designed to burn gas 1 subcategory and that burn liquid fuel
for periodic testing of liquid fuel, maintenance, or operator training,
not to exceed a combined total of 48 hours during any calendar year, are
included in this definition. Gaseous fuel boilers and process heaters
that are not in the unit designed to burn gas 1 subcategory and that
burn liquid fuel during periods of gas curtailment or gas supply
interruption of any duration are also included in this definition.
Unit designed to burn heavy liquid subcategory means a unit in the
unit designed to burn liquid subcategory where at least 10 percent of
the heat input from liquid fuels on an annual heat input basis comes
from heavy liquids.
Unit designed to burn light liquid subcategory means a unit in the
unit designed to burn liquid subcategory that is not part of the unit
designed to burn heavy liquid subcategory.
Unit designed to burn liquid subcategory includes any boiler or
process heater that burns any liquid fuel, but less than 10 percent
coal/solid fossil fuel and less than 10 percent biomass/bio-based solid
fuel on an annual heat input basis, either alone or in combination with
gaseous fuels. Units in the unit design to burn gas 1 or unit designed
to burn gas 2 (other) subcategories that burn liquid fuel for periodic
testing of liquid fuel, maintenance, or operator training, not to exceed
a combined total of 48 hours during any calendar year are not included
in this definition. Units in the unit design to burn gas 1 or unit
designed to burn gas 2 (other) subcategories during

[[Page 192]]

periods of gas curtailment or gas supply interruption of any duration
are also not included in this definition.
Unit designed to burn liquid fuel that is a non-continental unit
means an industrial, commercial, or institutional boiler or process
heater meeting the definition of the unit designed to burn liquid
subcategory located in the State of Hawaii, the Virgin Islands, Guam,
American Samoa, the Commonwealth of Puerto Rico, or the Northern Mariana
Islands.
Unit designed to burn solid fuel subcategory means any boiler or
process heater that burns only solid fuels or at least 10 percent solid
fuel on an annual heat input basis in combination with liquid fuels or
gaseous fuels.
Useful thermal energy means energy (i.e., steam, hot water, or
process heat) that meets the minimum operating temperature, flow, and/or
pressure required by any energy use system that uses energy provided by
the affected boiler or process heater.
Vegetable oil means oils extracted from vegetation.
Voluntary Consensus Standards or VCS mean technical standards (e.g.,
materials specifications, test methods, sampling procedures, business
practices) developed or adopted by one or more voluntary consensus
bodies. EPA/Office of Air Quality Planning and Standards, by precedent,
has only used VCS that are written in English. Examples of VCS bodies
are: American Society of Testing and Materials (ASTM 100 Barr Harbor
Drive, P.O. Box CB700, West Conshohocken, Pennsylvania 19428-B2959,
(800) 262-1373, http://www.astm.org), American Society of Mechanical
Engineers (ASME ASME, Three Park Avenue, New York, NY 10016-5990, (800)
843-2763, http://www.asme.org), International Standards Organization
(ISO 1, ch. de la Voie-Creuse, Case postale 56, CH-1211 Geneva 20,
Switzerland, + 41 22 749 01 11, http://www.iso.org/iso/home.htm),
Standards Australia (AS Level 10, The Exchange Centre, 20 Bridge Street,
Sydney, GPO Box 476, Sydney NSW 2001, + 61 2 9237 6171 http://
www.stadards.org.au), British Standards Institution (BSI, 389 Chiswick
High Road, London, W4 4AL, United Kingdom, + 44 (0)20 8996 9001, http://
www.bsigroup.com), Canadian Standards Association (CSA 5060 Spectrum
Way, Suite 100, Mississauga, Ontario L4W 5N6, Canada, 800-463-6727,
http://www.csa.ca), European Committee for Standardization (CEN CENELEC
Management Centre Avenue Marnix 17 B-1000 Brussels, Belgium + 32 2 550
08 11, http://www.cen.eu/cen), and German Engineering Standards (VDI VDI
Guidelines Department, P.O. Box 10 11 39 40002, Duesseldorf, Germany, +
49 211 6214-230, http://www.vdi.eu). The types of standards that are not
considered VCS are standards developed by: The United States, e.g.,
California (CARB) and Texas (TCEQ); industry groups, such as American
Petroleum Institute (API), Gas Processors Association (GPA), and Gas
Research Institute (GRI); and other branches of the U.S. government,
e.g., Department of Defense (DOD) and Department of Transportation
(DOT). This does not preclude EPA from using standards developed by
groups that are not VCS bodies within their rule. When this occurs, EPA
has done searches and reviews for VCS equivalent to these non-EPA
methods.
Waste heat boiler means a device that recovers normally unused
energy (i.e., hot exhaust gas) and converts it to usable heat. Waste
heat boilers are also referred to as heat recovery steam generators.
Waste heat boilers are heat exchangers generating steam from incoming
hot exhaust gas from an industrial (e.g., thermal oxidizer, kiln,
furnace) or power (e.g., combustion turbine, engine) equipment. Duct
burners are sometimes used to increase the temperature of the incoming
hot exhaust gas.
Waste heat process heater means an enclosed device that recovers
normally unused energy (i.e., hot exhaust gas) and converts it to usable
heat. Waste heat process heaters are also referred to as recuperative
process heaters. This definition includes both fired and unfired waste
heat process heaters.
Wet scrubber means any add-on air pollution control device that
mixes an aqueous stream or slurry with the exhaust gases from a boiler
or process heater to control emissions of particulate matter or to
absorb and neutralize acid gases, such as hydrogen chloride.

[[Page 193]]

A wet scrubber creates an aqueous stream or slurry as a byproduct of the
emissions control process.
Work practice standard means any design, equipment, work practice,
or operational standard, or combination thereof, that is promulgated
pursuant to section 112(h) of the Clean Air Act.

[78 FR 15664, Mar. 21, 2011, as amended at 78 FR 7163, Jan. 31, 2013; 80
FR 72817, Nov. 20, 2015]

Sec. Table 1 to Subpart DDDDD of Part 63--Emission Limits for New or
Reconstructed Boilers and Process Heaters

As stated in Sec.63.7500, you must comply with the following
applicable emission limits:

[Units with heat input capacity of 10 million Btu per hour or greater]
----------------------------------------------------------------------------------------------------------------
Or the emissions
The emissions must must not exceed
not exceed the the following Using this
If your boiler or process heater For the following following emission alternative output- specified sampling
is in this subcategory . . . pollutants . . . limits, except based limits, volume or test run
during startup and except during duration . . .
shutdown . . . startup and
shutdown . . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories a. HCl............ 2.2E-02 lb per 2.5E-02 lb per For M26A, collect
designed to burn solid fuel. MMBtu of heat MMBtu of steam a minimum of 1
input. output or 0.28 lb dscm per run; for
per MWh. M26 collect a
minimum of 120
liters per run.
b. Mercury........ 8.0E-07 \a\ lb per 8.7E-07 \a\ lb per For M29, collect a
MMBtu of heat MMBtu of steam minimum of 4 dscm
input. output or 1.1E-05 per run; for M30A
\a\ lb per MWh. or M30B, collect
a minimum sample
as specified in
the method; for
ASTM D6784 \b\
collect a minimum
of 4 dscm.
2. Units designed to burn coal/ a. Filterable PM 1.1E-03 lb per 1.1E-03 lb per Collect a minimum
solid fossil fuel. (or TSM). MMBtu of heat MMBtu of steam of 3 dscm per
input; or (2.3E- output or 1.4E-02 run.
05 lb per MMBtu lb per MWh; or
of heat input). (2.7E-05 lb per
MMBtu of steam
output or 2.9E-04
lb per MWh).
3. Pulverized coal boilers a. Carbon monoxide 130 ppm by volume 0.11 lb per MMBtu 1 hr minimum
designed to burn coal/solid (CO) (or CEMS). on a dry basis of steam output sampling time.
fossil fuel. corrected to 3 or 1.4 lb per
percent oxygen, 3- MWh; 3-run
run average; or average.
(320 ppm by
volume on a dry
basis corrected
to 3 percent
oxygen,\d\ 30-day
rolling average).
4. Stokers/others designed to a. CO (or CEMS)... 130 ppm by volume 0.12 lb per MMBtu 1 hr minimum
burn coal/solid fossil fuel. on a dry basis of steam output sampling time.
corrected to 3 or 1.4 lb per
percent oxygen, 3- MWh; 3-run
run average; or average.
(340 ppm by
volume on a dry
basis corrected
to 3 percent
oxygen,\d\ 30-day
rolling average).
5. Fluidized bed units designed a. CO (or CEMS)... 130 ppm by volume 0.11 lb per MMBtu 1 hr minimum
to burn coal/solid fossil fuel. on a dry basis of steam output sampling time.
corrected to 3 or 1.4 lb per
percent oxygen, 3- MWh; 3-run
run average; or average.
(230 ppm by
volume on a dry
basis corrected
to 3 percent
oxygen,\d\ 30-day
rolling average).

[[Page 194]]

6. Fluidized bed units with an a. CO (or CEMS)... 140 ppm by volume 1.2E-01 lb per 1 hr minimum
integrated heat exchanger on a dry basis MMBtu of steam sampling time.
designed to burn coal/solid corrected to 3 output or 1.5 lb
fossil fuel. percent oxygen, 3- per MWh; 3-run
run average; or average.
(150 ppm by
volume on a dry
basis corrected
to 3 percent
oxygen,\d\ 30-day
rolling average).
7. Stokers/sloped grate/others a. CO (or CEMS)... 620 ppm by volume 5.8E-01 lb per 1 hr minimum
designed to burn wet biomass on a dry basis MMBtu of steam sampling time.
fuel. corrected to 3 output or 6.8 lb
percent oxygen, 3- per MWh; 3-run
run average; or average.
(390 ppm by
volume on a dry
basis corrected
to 3 percent
oxygen,\d\ 30-day
rolling average).
b. Filterable PM 3.0E-02 lb per 3.5E-02 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 2 dscm per
input; or (2.6E- output or 4.2E-01 run.
05 lb per MMBtu lb per MWh; or
of heat input). (2.7E-05 lb per
MMBtu of steam
output or 3.7E-04
lb per MWh).
8. Stokers/sloped grate/others a. CO............. 460 ppm by volume 4.2E-01 lb per 1 hr minimum
designed to burn kiln-dried on a dry basis MMBtu of steam sampling time.
biomass fuel. corrected to 3 output or 5.1 lb
percent oxygen. per MWh.
b. Filterable PM 3.0E-02 lb per 3.5E-02 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 2 dscm per
input; or (4.0E- output or 4.2E-01 run.
03 lb per MMBtu lb per MWh; or
of heat input). (4.2E-03 lb per
MMBtu of steam
output or 5.6E-02
lb per MWh).
9. Fluidized bed units designed a. CO (or CEMS)... 230 ppm by volume 2.2E-01 lb per 1 hr minimum
to burn biomass/bio-based on a dry basis MMBtu of steam sampling time.
solids. corrected to 3 output or 2.6 lb
percent oxygen, 3- per MWh; 3-run
run average; or average.
(310 ppm by
volume on a dry
basis corrected
to 3 percent
oxygen,\d\ 30-day
rolling average).
b. Filterable PM 9.8E-03 lb per 1.2E-02 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 3 dscm per
input; or (8.3E- output or 0.14 lb run.
05 \a\ lb per per MWh; or (1.1E-
MMBtu of heat 04 \a\ lb per
input). MMBtu of steam
output or 1.2E-03
\a\ lb per MWh).
10. Suspension burners designed a. CO (or CEMS)... 2,400 ppm by 1.9 lb per MMBtu 1 hr minimum
to burn biomass/bio-based volume on a dry of steam output sampling time.
solids. basis corrected or 27 lb per MWh;
to 3 percent 3-run average.
oxygen, 3-run
average; or
(2,000 ppm by
volume on a dry
basis corrected
to 3 percent
oxygen,\d\ 10-day
rolling average).

[[Page 195]]

b. Filterable PM 3.0E-02 lb per 3.1E-02 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 2 dscm per
input; or (6.5E- output or 4.2E-01 run.
03 lb per MMBtu lb per MWh; or
of heat input). (6.6E-03 lb per
MMBtu of steam
output or 9.1E-02
lb per MWh).
11. Dutch Ovens/Pile burners a. CO (or CEMS)... 330 ppm by volume 3.5E-01 lb per 1 hr minimum
designed to burn biomass/bio- on a dry basis MMBtu of steam sampling time.
based solids. corrected to 3 output or 3.6 lb
percent oxygen, 3- per MWh; 3-run
run average; or average.
(520 ppm by
volume on a dry
basis corrected
to 3 percent
oxygen,\d\ 10-day
rolling average).
b. Filterable PM 3.2E-03 lb per 4.3E-03 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 3 dscm per
input; or (3.9E- output or 4.5E-02 run.
05 lb per MMBtu lb per MWh; or
of heat input). (5.2E-05 lb per
MMBtu of steam
output or 5.5E-04
lb per MWh).
12. Fuel cell units designed to a. CO............. 910 ppm by volume 1.1 lb per MMBtu 1 hr minimum
burn biomass/bio-based solids. on a dry basis of steam output sampling time.
corrected to 3 or 1.0E + 01 lb
percent oxygen. per MWh.
b. Filterable PM 2.0E-02 lb per 3.0E-02 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 2 dscm per
input; or (2.9E- output or 2.8E-01 run.
05 \a\ lb per lb per MWh; or
MMBtu of heat (5.1E-05 lb per
input). MMBtu of steam
output or 4.1E-04
lb per MWh).
13. Hybrid suspension grate a. CO (or CEMS)... 1,100 ppm by 1.4 lb per MMBtu 1 hr minimum
boiler designed to burn biomass/ volume on a dry of steam output sampling time.
bio-based solids. basis corrected or 12 lb per MWh;
to 3 percent 3-run average.
oxygen, 3-run
average; or (900
ppm by volume on
a dry basis
corrected to 3
percent
oxygen,\d\ 30-day
rolling average).
b. Filterable PM 2.6E-02 lb per 3.3E-02 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 3 dscm per
input; or (4.4E- output or 3.7E-01 run.
04 lb per MMBtu lb per MWh; or
of heat input). (5.5E-04 lb per
MMBtu of steam
output or 6.2E-03
lb per MWh).
14. Units designed to burn a. HCl............ 4.4E-04 lb per 4.8E-04 lb per For M26A: Collect
liquid fuel. MMBtu of heat MMBtu of steam a minimum of 2
input. output or 6.1E-03 dscm per run; for
lb per MWh. M26, collect a
minimum of 240
liters per run.
b. Mercury........ 4.8E-07 \a\ lb per 5.3E-07 \a\ lb per For M29, collect a
MMBtu of heat MMBtu of steam minimum of 4 dscm
input. output or 6.7E-06 per run; for M30A
\a\ lb per MWh. or M30B, collect
a minimum sample
as specified in
the method; for
ASTM D6784 \b\
collect a minimum
of 4 dscm.

[[Page 196]]

15. Units designed to burn heavy a. CO............. 130 ppm by volume 0.13 lb per MMBtu 1 hr minimum
liquid fuel. on a dry basis of steam output sampling time.
corrected to 3 or 1.4 lb per
percent oxygen, 3- MWh; 3-run
run average. average.
b. Filterable PM 1.3E-02 lb per 1.5E-02 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 3 dscm per
input; or (7.5E- output or 1.8E-01 run.
05 lb per MMBtu lb per MWh; or
of heat input). (8.2E-05 lb per
MMBtu of steam
output or 1.1E-03
lb per MWh).
16. Units designed to burn light a. CO............. 130 ppm by volume 0.13 lb per MMBtu 1 hr minimum
liquid fuel. on a dry basis of steam output sampling time.
corrected to 3 or 1.4 lb per MWh.
percent oxygen.
b. Filterable PM 1.1E-03 \a\ lb per 1.2E-03 \a\ lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 3 dscm per
input; or (2.9E- output or 1.6E-02 run.
05 lb per MMBtu \a\ lb per MWh;
of heat input). or (3.2E-05 lb
per MMBtu of
steam output or
4.0E-04 lb per
MWh).
17. Units designed to burn a. CO............. 130 ppm by volume 0.13 lb per MMBtu 1 hr minimum
liquid fuel that are non- on a dry basis of steam output sampling time.
continental units. corrected to 3 or 1.4 lb per
percent oxygen, 3- MWh; 3-run
run average based average.
on stack test.
b. Filterable PM 2.3E-02 lb per 2.5E-02 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 4 dscm per
input; or (8.6E- output or 3.2E-01 run.
04 lb per MMBtu lb per MWh; or
of heat input). (9.4E-04 lb per
MMBtu of steam
output or 1.2E-02
lb per MWh).
18. Units designed to burn gas 2 a. CO............. 130 ppm by volume 0.16 lb per MMBtu 1 hr minimum
(other) gases. on a dry basis of steam output sampling time.
corrected to 3 or 1.0 lb per MWh.
percent oxygen.
b. HCl............ 1.7E-03 lb per 2.9E-03 lb per For M26A, Collect
MMBtu of heat MMBtu of steam a minimum of 2
input. output or 1.8E-02 dscm per run; for
lb per MWh. M26, collect a
minimum of 240
liters per run.
c. Mercury........ 7.9E-06 lb per 1.4E-05 lb per For M29, collect a
MMBtu of heat MMBtu of steam minimum of 3 dscm
input. output or 8.3E-05 per run; for M30A
lb per MWh. or M30B, collect
a minimum sample
as specified in
the method; for
ASTM D6784 \b\
collect a minimum
of 3 dscm.
d. Filterable PM 6.7E-03 lb per 1.2E-02 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 3 dscm per
input; or (2.1E- output or 7.0E-02 run.
04 lb per MMBtu lb per MWh; or
of heat input). (3.5E-04 lb per
MMBtu of steam
output or 2.2E-03
lb per MWh).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
according to Sec. 63.7515 if all of the other provisions of Sec. 63.7515 are met. For all other pollutants
that do not contain a footnote ``a'', your performance tests for this pollutant for at least 2 consecutive
years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
testing.
\b\ Incorporated by reference, see Sec. 63.14.
\c\ If your affected source is a new or reconstructed affected source that commenced construction or
reconstruction after June 4, 2010, and before April 1, 2013, you may comply with the emission limits in Tables
11, 12 or 13 to this subpart until January 31, 2016. On and after January 31, 2016, you must comply with the
emission limits in Table 1 to this subpart.

[[Page 197]]

\d\ An owner or operator may request an alternative test method under Sec. 63.7 of this chapter, in order that
compliance with the carbon monoxide emissions limit be determined using carbon dioxide as a diluent correction
in place of oxygen at 3%. EPA Method 19 F-factors and EPA Method 19 equations must be used to generate the
appropriate CO2 correction percentage for the fuel type burned in the unit, and must also take into account
that the 3% oxygen correction is to be done on a dry basis. The alternative test method request must account
for any CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection,
scrubber media, etc.

[78 FR 7193, Jan. 31, 2013, as amended at 80 FR 72819, Nov. 20, 2015]

Sec. Table 2 to Subpart DDDDD of Part 63--Emission Limits for Existing
Boilers and Process Heaters

As stated in Sec.63.7500, you must comply with the following
applicable emission limits:

[Units with heat input capacity of 10 million Btu per hour or greater]
----------------------------------------------------------------------------------------------------------------
The emissions must
The emissions must not exceed the
not exceed the following Using this
If your boiler or process heater For the following following emission alternative output- specified sampling
is in this subcategory . . . pollutants . . . limits, except based limits, volume or test run
during startup and except during duration . . .
shutdown . . . startup and
shutdown . . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories a. HCl............ 2.2E-02 lb per 2.5E-02 lb per For M26A, Collect
designed to burn solid fuel. MMBtu of heat MMBtu of steam a minimum of 1
input. output or 0.27 lb dscm per run; for
per MWh. M26, collect a
minimum of 120
liters per run.
b. Mercury........ 5.7E-06 lb per 6.4E-06 lb per For M29, collect a
MMBtu of heat MMBtu of steam minimum of 3 dscm
input. output or 7.3E-05 per run; for M30A
lb per MWh. or M30B, collect
a minimum sample
as specified in
the method; for
ASTM D6784 \b\
collect a minimum
of 3 dscm.
2. Units design to burn coal/ a. Filterable PM 4.0E-02 lb per 4.2E-02 lb per Collect a minimum
solid fossil fuel. (or TSM). MMBtu of heat MMBtu of steam of 2 dscm per
input; or (5.3E- output or 4.9E-01 run.
05 lb per MMBtu lb per MWh; or
of heat input). (5.6E-05 lb per
MMBtu of steam
output or 6.5E-04
lb per MWh).
3. Pulverized coal boilers a. CO (or CEMS)... 130 ppm by volume 0.11 lb per MMBtu 1 hr minimum
designed to burn coal/solid on a dry basis of steam output sampling time.
fossil fuel. corrected to 3 or 1.4 lb per
percent oxygen, 3- MWh; 3-run
run average; or average.
(320 ppm by
volume on a dry
basis corrected
to 3 percent
oxygen,\c\ 30-day
rolling average).
4. Stokers/others designed to a. CO (or CEMS)... 160 ppm by volume 0.14 lb per MMBtu 1 hr minimum
burn coal/solid fossil fuel. on a dry basis of steam output sampling time.
corrected to 3 or 1.7 lb per
percent oxygen, 3- MWh; 3-run
run average; or average.
(340 ppm by
volume on a dry
basis corrected
to 3 percent
oxygen,\c\ 30-day
rolling average).
5. Fluidized bed units designed a. CO (or CEMS)... 130 ppm by volume 0.12 lb per MMBtu 1 hr minimum
to burn coal/solid fossil fuel. on a dry basis of steam output sampling time.
corrected to 3 or 1.4 lb per
percent oxygen, 3- MWh; 3-run
run average; or average.
(230 ppm by
volume on a dry
basis corrected
to 3 percent
oxygen,\c\ 30-day
rolling average).

[[Page 198]]

6. Fluidized bed units with an a. CO (or CEMS)... 140 ppm by volume 1.3E-01 lb per 1 hr minimum
integrated heat exchanger on a dry basis MMBtu of steam sampling time.
designed to burn coal/solid corrected to 3 output or 1.5 lb
fossil fuel. percent oxygen, 3- per MWh; 3-run
run average; or average.
(150 ppm by
volume on a dry
basis corrected
to 3 percent
oxygen,\c\ 30-day
rolling average).
7. Stokers/sloped grate/others a. CO (or CEMS)... 1,500 ppm by 1.4 lb per MMBtu 1 hr minimum
designed to burn wet biomass volume on a dry of steam output sampling time.
fuel. basis corrected or 17 lb per MWh;
to 3 percent 3-run average.
oxygen, 3-run
average; or (720
ppm by volume on
a dry basis
corrected to 3
percent
oxygen,\c\ 30-day
rolling average).
b. Filterable PM 3.7E-02 lb per 4.3E-02 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 2 dscm per
input; or (2.4E- output or 5.2E-01 run.
04 lb per MMBtu lb per MWh; or
of heat input). (2.8E-04 lb per
MMBtu of steam
output or 3.4E-04
lb per MWh).
8. Stokers/sloped grate/others a. CO............. 460 ppm by volume 4.2E-01 lb per 1 hr minimum
designed to burn kiln-dried on a dry basis MMBtu of steam sampling time.
biomass fuel. corrected to 3 output or 5.1 lb
percent oxygen. per MWh.
b. Filterable PM 3.2E-01 lb per 3.7E-01 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 1 dscm per
input; or (4.0E- output or 4.5 lb run.
03 lb per MMBtu per MWh; or (4.6E-
of heat input). 03 lb per MMBtu
of steam output
or 5.6E-02 lb per
MWh).
9. Fluidized bed units designed a. CO (or CEMS)... 470 ppm by volume 4.6E-01 lb per 1 hr minimum
to burn biomass/bio-based solid. on a dry basis MMBtu of steam sampling time.
corrected to 3 output or 5.2 lb
percent oxygen, 3- per MWh; 3-run
run average; or average.
(310 ppm by
volume on a dry
basis corrected
to 3 percent
oxygen,\c\ 30-day
rolling average).
b. Filterable PM 1.1E-01 lb per 1.4E-01 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 1 dscm per
input; or (1.2E- output or 1.6 lb run.
03 lb per MMBtu per MWh; or (1.5E-
of heat input). 03 lb per MMBtu
of steam output
or 1.7E-02 lb per
MWh).
10. Suspension burners designed a. CO (or CEMS)... 2,400 ppm by 1.9 lb per MMBtu 1 hr minimum
to burn biomass/bio-based solid. volume on a dry of steam output sampling time.
basis corrected or 27 lb per MWh;
to 3 percent 3-run average.
oxygen, 3-run
average; or
(2,000 ppm by
volume on a dry
basis corrected
to 3 percent
oxygen,\c\ 10-day
rolling average).

[[Page 199]]

b. Filterable PM 5.1E-02 lb per 5.2E-02 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 2 dscm per
input; or (6.5E- output or 7.1E-01 run.
03 lb per MMBtu lb per MWh; or
of heat input). (6.6E-03 lb per
MMBtu of steam
output or 9.1E-02
lb per MWh).
11. Dutch Ovens/Pile burners a. CO (or CEMS)... 770 ppm by volume 8.4E-01 lb per 1 hr minimum
designed to burn biomass/bio- on a dry basis MMBtu of steam sampling time.
based solid. corrected to 3 output or 8.4 lb
percent oxygen, 3- per MWh; 3-run
run average; or average.
(520 ppm by
volume on a dry
basis corrected
to 3 percent
oxygen,\c\ 10-day
rolling average).
b. Filterable PM 2.8E-01 lb per 3.9E-01 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 1 dscm per
input; or (2.0E- output or 3.9 lb run.
03 lb per MMBtu per MWh; or (2.8E-
of heat input). 03 lb per MMBtu
of steam output
or 2.8E-02 lb per
MWh).
12. Fuel cell units designed to a. CO............. 1,100 ppm by 2.4 lb per MMBtu 1 hr minimum
burn biomass/bio-based solid. volume on a dry of steam output sampling time.
basis corrected or 12 lb per MWh.
to 3 percent
oxygen.
b. Filterable PM 2.0E-02 lb per 5.5E-02 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 2 dscm per
input; or (5.8E- output or 2.8E-01 run.
03 lb per MMBtu lb per MWh; or
of heat input). (1.6E-02 lb per
MMBtu of steam
output or 8.1E-02
lb per MWh).
13. Hybrid suspension grate a. CO (or CEMS)... 3,500 ppm by 3.5 lb per MMBtu 1 hr minimum
units designed to burn biomass/ volume on a dry of steam output sampling time.
bio-based solid. basis corrected or 39 lb per MWh;
to 3 percent 3-run average.
oxygen, 3-run
average; or (900
ppm by volume on
a dry basis
corrected to 3
percent
oxygen,\c\ 30-day
rolling average).
b. Filterable PM 4.4E-01 lb per 5.5E-01 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 1 dscm per
input; or (4.5E- output or 6.2 lb run.
04 lb per MMBtu per MWh; or (5.7E-
of heat input). 04 lb per MMBtu
of steam output
or 6.3E-03 lb per
MWh).
14. Units designed to burn a. HCl............ 1.1E-03 lb per 1.4E-03 lb per For M26A, collect
liquid fuel. MMBtu of heat MMBtu of steam a minimum of 2
input. output or 1.6E-02 dscm per run; for
lb per MWh. M26, collect a
minimum of 240
liters per run.
b. Mercury........ 2.0E-06 \a\ lb per 2.5E-06 \a\ lb per For M29, collect a
MMBtu of heat MMBtu of steam minimum of 3 dscm
input. output or 2.8E-05 per run; for M30A
lb per MWh. or M30B collect a
minimum sample as
specified in the
method, for ASTM
D6784,\b\ collect
a minimum of 2
dscm.

[[Page 200]]

15. Units designed to burn heavy a. CO............. 130 ppm by volume 0.13 lb per MMBtu 1 hr minimum
liquid fuel. on a dry basis of steam output sampling time.
corrected to 3 or 1.4 lb per
percent oxygen, 3- MWh; 3-run
run average. average.
b. Filterable PM 6.2E-02 lb per 7.5E-02 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 1 dscm per
input; or (2.0E- output or 8.6E-01 run.
04 lb per MMBtu lb per MWh; or
of heat input). (2.5E-04 lb per
MMBtu of steam
output or 2.8E-03
lb per MWh).
16. Units designed to burn light a. CO............. 130 ppm by volume 0.13 lb per MMBtu 1 hr minimum
liquid fuel. on a dry basis of steam output sampling time.
corrected to 3 or 1.4 lb per MWh.
percent oxygen.
b. Filterable PM 7.9E-03 \a\ lb per 9.6E-03 \a\ lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 3 dscm per
input; or (6.2E- output or 1.1E-01 run.
05 lb per MMBtu \a\ lb per MWh;
of heat input). or (7.5E-05 lb
per MMBtu of
steam output or
8.6E-04 lb per
MWh).
17. Units designed to burn a. CO............. 130 ppm by volume 0.13 lb per MMBtu 1 hr minimum
liquid fuel that are non- on a dry basis of steam output sampling time.
continental units. corrected to 3 or 1.4 lb per
percent oxygen, 3- MWh; 3-run
run average based average.
on stack test.
b. Filterable PM 2.7E-01 lb per 3.3E-01 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 2 dscm per
input; or (8.6E- output or 3.8 lb run.
04 lb per MMBtu per MWh; or (1.1E-
of heat input). 03 lb per MMBtu
of steam output
or 1.2E-02 lb per
MWh).
18. Units designed to burn gas 2 a. CO............. 130 ppm by volume 0.16 lb per MMBtu 1 hr minimum
(other) gases. on a dry basis of steam output sampling time.
corrected to 3 or 1.0 lb per MWh.
percent oxygen.
b. HCl............ 1.7E-03 lb per 2.9E-03 lb per For M26A, collect
MMBtu of heat MMBtu of steam a minimum of 2
input. output or 1.8E-02 dscm per run; for
lb per MWh. M26, collect a
minimum of 240
liters per run.
c. Mercury........ 7.9E-06 lb per 1.4E-05 lb per For M29, collect a
MMBtu of heat MMBtu of steam minimum of 3 dscm
input. output or 8.3E-05 per run; for M30A
lb per MWh. or M30B, collect
a minimum sample
as specified in
the method; for
ASTM D6784 \b\
collect a minimum
of 2 dscm.
d. Filterable PM 6.7E-03 lb per 1.2E-02 lb per Collect a minimum
(or TSM). MMBtu of heat MMBtu of steam of 3 dscm per
input or (2.1E-04 output or 7.0E-02 run.
lb per MMBtu of lb per MWh; or
heat input). (3.5E-04 lb per
MMBtu of steam
output or 2.2E-03
lb per MWh).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
according to Sec. 63.7515 if all of the other provisions of Sec. 63.7515 are met. For all other pollutants
that do not contain a footnote a, your performance tests for this pollutant for at least 2 consecutive years
must show that your emissions are at or below 75 percent of this limit in order to qualify for skip testing.
\b\ Incorporated by reference, see Sec. 63.14.

[[Page 201]]

\c\ An owner or operator may request an alternative test method under Sec. 63.7 of this chapter, in order that
compliance with the carbon monoxide emissions limit be determined using carbon dioxide as a diluent correction
in place of oxygen at 3%. EPA Method 19 F-factors and EPA Method 19 equations must be used to generate the
appropriate CO2 correction percentage for the fuel type burned in the unit, and must also take into account
that the 3% oxygen correction is to be done on a dry basis. The alternative test method request must account
for any CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection,
scrubber media, etc.

[78 FR 7195, Jan. 31, 2013, as amended at 80 FR 72821, Nov. 20, 2015]

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

As stated in Sec.63.7500, you must comply with the following
applicable work practice standards:

------------------------------------------------------------------------
You must meet the following . .
If your unit is . . . .
------------------------------------------------------------------------
1. A new or existing boiler or process Conduct a tune-up of the boiler
heater with a continuous oxygen trim or process heater every 5
system that maintains an optimum air years as specified in Sec.
to fuel ratio, or a heat input 63.7540.
capacity of less than or equal to 5
million Btu per hour in any of the
following subcategories: unit designed
to burn gas 1; unit designed to burn
gas 2 (other); or unit designed to
burn light liquid, or a limited use
boiler or process heater.
2. A new or existing boiler or process Conduct a tune-up of the boiler
heater without a continuous oxygen or process heater biennially
trim system and with heat input as specified in Sec.
capacity of less than 10 million Btu 63.7540.
per hour in the unit designed to burn
heavy liquid or unit designed to burn
solid fuel subcategories; or a new or
existing boiler or process heater with
heat input capacity of less than 10
million Btu per hour, but greater than
5 million Btu per hour, in any of the
following subcategories: unit designed
to burn gas 1; unit designed to burn
gas 2 (other); or unit designed to
burn light liquid.
3. A new or existing boiler or process Conduct a tune-up of the boiler
heater without a continuous oxygen or process heater annually as
trim system and with heat input specified in Sec. 63.7540.
capacity of 10 million Btu per hour or Units in either the Gas 1 or
greater. Metal Process Furnace
subcategories will conduct
this tune-up as a work
practice for all regulated
emissions under this subpart.
Units in all other
subcategories will conduct
this tune-up as a work
practice for dioxins/furans.
4. An existing boiler or process heater Must have a one-time energy
located at a major source facility, assessment performed by a
not including limited use units. qualified energy assessor. An
energy assessment completed on
or after January 1, 2008, that
meets or is amended to meet
the energy assessment
requirements in this table,
satisfies the energy
assessment requirement. A
facility that operated under
an energy management program
developed according to the
ENERGY STAR guidelines for
energy management or
compatible with ISO 50001 for
at least one year between
January 1, 2008 and the
compliance date specified in
Sec. 63.7495 that includes
the affected units also
satisfies the energy
assessment requirement. The
energy assessment must include
the following with extent of
the evaluation for items a. to
e. appropriate for the on-site
technical hours listed in Sec.
63.7575:
a. A visual inspection of the
boiler or process heater
system.
b. An evaluation of operating
characteristics of the boiler
or process heater systems,
specifications of energy using
systems, operating and
maintenance procedures, and
unusual operating constraints.
c. An inventory of major energy
use systems consuming energy
from affected boilers and
process heaters and which are
under the control of the
boiler/process heater owner/
operator.
d. A review of available
architectural and engineering
plans, facility operation and
maintenance procedures and
logs, and fuel usage.
e. A review of the facility's
energy management program and
provide recommendations for
improvements consistent with
the definition of energy
management program, if
identified.
f. A list of cost-effective
energy conservation measures
that are within the facility's
control.
g. A list of the energy savings
potential of the energy
conservation measures
identified.
h. A comprehensive report
detailing the ways to improve
efficiency, the cost of
specific improvements,
benefits, and the time frame
for recouping those
investments.

[[Page 202]]

5. An existing or new boiler or process a. You must operate all CMS
heater subject to emission limits in during startup.
Table 1 or 2 or 11 through 13 to this b. For startup of a boiler or
subpart during startup. process heater, you must use
one or a combination of the
following clean fuels: Natural
gas, synthetic natural gas,
propane, other Gas 1 fuels,
distillate oil, syngas, ultra-
low sulfur diesel, fuel oil-
soaked rags, kerosene,
hydrogen, paper, cardboard,
refinery gas, liquefied
petroleum gas, clean dry
biomass, and any fuels meeting
the appropriate HCl, mercury
and TSM emission standards by
fuel analysis.
c. You have the option of
complying using either of the
following work practice
standards.
(1) If you choose to comply
using definition (1) of
``startup'' in Sec. 63.7575,
once you start firing fuels
that are not clean fuels, you
must vent emissions to the
main stack(s) and engage all
of the applicable control
devices except limestone
injection in fluidized bed
combustion (FBC) boilers, dry
scrubber, fabric filter, and
selective catalytic reduction
(SCR). You must start your
limestone injection in FBC
boilers, dry scrubber, fabric
filter, and SCR systems as
expeditiously as possible.
Startup ends when steam or
heat is supplied for any
purpose, OR
(2) If you choose to comply
using definition (2) of
``startup'' in Sec. 63.7575,
once you start to feed fuels
that are not clean fuels, you
must vent emissions to the
main stack(s) and engage all
of the applicable control
devices so as to comply with
the emission limits within 4
hours of start of supplying
useful thermal energy. You
must engage and operate PM
control within one hour of
first feeding fuels that are
not clean fuels\a\. You must
start all applicable control
devices as expeditiously as
possible, but, in any case,
when necessary to comply with
other standards applicable to
the source by a permit limit
or a rule other than this
subpart that require operation
of the control devices. You
must develop and implement a
written startup and shutdown
plan, as specified in Sec.
63.7505(e).
d. You must comply with all
applicable emission limits at
all times except during
startup and shutdown periods
at which time you must meet
this work practice. You must
collect monitoring data during
periods of startup, as
specified in Sec.
63.7535(b). You must keep
records during periods of
startup. You must provide
reports concerning activities
and periods of startup, as
specified in Sec. 63.7555.
6. An existing or new boiler or process You must operate all CMS during
heater subject to emission limits in shutdown.
Tables 1 or 2 or 11 through 13 to this While firing fuels that are not
subpart during shutdown. clean fuels during shutdown,
you must vent emissions to the
main stack(s) and operate all
applicable control devices,
except limestone injection in
FBC boilers, dry scrubber,
fabric filter, and SCR but, in
any case, when necessary to
comply with other standards
applicable to the source that
require operation of the
control device.
If, in addition to the fuel
used prior to initiation of
shutdown, another fuel must be
used to support the shutdown
process, that additional fuel
must be one or a combination
of the following clean fuels:
Natural gas, synthetic natural
gas, propane, other Gas 1
fuels, distillate oil, syngas,
ultra-low sulfur diesel,
refinery gas, and liquefied
petroleum gas.
You must comply with all
applicable emissions limits at
all times except for startup
or shutdown periods conforming
with this work practice. You
must collect monitoring data
during periods of shutdown, as
specified in Sec.
63.7535(b). You must keep
records during periods of
shutdown. You must provide
reports concerning activities
and periods of shutdown, as
specified in Sec. 63.7555.
------------------------------------------------------------------------
\a\ As specified in Sec. 63.7555(d)(13), the source may request an
alternative timeframe with the PM controls requirement to the
permitting authority (state, local, or tribal agency) that has been
delegated authority for this subpart by EPA. The source must provide
evidence that (1) it is unable to safely engage and operate the PM
control(s) to meet the ``fuel firing + 1 hour'' requirement and (2)
the PM control device is appropriately designed and sized to meet the
filterable PM emission limit. It is acknowledged that there may be
another control device that has been installed other than ESP that
provides additional PM control (e.g., scrubber).

[78 FR 7198, Jan. 31, 2013, as amended at 80 FR 72823, Nov. 20, 2015]

[[Page 203]]

Sec. Table 4 to Subpart DDDDD of Part 63--Operating Limits for Boilers
and Process Heaters

As stated in Sec.63.7500, you must comply with the applicable
operating limits:

Table 4 to Subpart DDDDD of Part 63--Operating Limits for Boilers and
Process Heaters
------------------------------------------------------------------------
When complying with a Table 1, 2,
11, 12, or 13 numerical emission You must meet these operating limits
limit using . . . . . .
------------------------------------------------------------------------
1. Wet PM scrubber control on a Maintain the 30-day rolling average
boiler or process heater not pressure drop and the 30-day
using a PM CPMS. rolling average liquid flow rate at
or above the lowest one-hour
average pressure drop and the
lowest one-hour average liquid flow
rate, respectively, measured during
the performance test demonstrating
compliance with the PM emission
limitation according to Sec.
63.7530(b) and Table 7 to this
subpart.
2. Wet acid gas (HCl) scrubber \a\ Maintain the 30-day rolling average
control on a boiler or process effluent pH at or above the lowest
heater not using a HCl CEMS. one-hour average pH and the 30-day
rolling average liquid flow rate at
or above the lowest one-hour
average liquid flow rate measured
during the performance test
demonstrating compliance with the
HCl emission limitation according
to Sec. 63.7530(b) and Table 7 to
this subpart.
3. Fabric filter control on a a. Maintain opacity to less than or
boiler or process heater not equal to 10 percent opacity or the
using a PM CPMS. highest hourly average opacity
reading measured during the
performance test run demonstrating
compliance with the PM (or TSM)
emission limitation (daily block
average); or
b. Install and operate a bag leak
detection system according to Sec.
63.7525 and operate the fabric
filter such that the bag leak
detection system alert is not
activated more than 5 percent of
the operating time during each 6-
month period.
4. Electrostatic precipitator a. This option is for boilers and
control on a boiler or process process heaters that operate dry
heater not using a PM CPMS. control systems (i.e., an ESP
without a wet scrubber). Existing
and new boilers and process heaters
must maintain opacity to less than
or equal to 10 percent opacity or
the highest hourly average opacity
reading measured during the
performance test run demonstrating
compliance with the PM (or TSM)
emission limitation (daily block
average).
b. This option is only for boilers
and process heaters not subject to
PM CPMS or continuous compliance
with an opacity limit (i.e., dry
ESP). Maintain the 30-day rolling
average total secondary electric
power input of the electrostatic
precipitator at or above the
operating limits established during
the performance test according to
Sec. 63.7530(b) and Table 7 to
this subpart.
5. Dry scrubber or carbon Maintain the minimum sorbent or
injection control on a boiler or carbon injection rate as defined in
process heater not using a Sec. 63.7575 of this subpart.
mercury CEMS.
6. Any other add-on air pollution This option is for boilers and
control type on a boiler or process heaters that operate dry
process heater not using a PM control systems. Existing and new
CPMS. boilers and process heaters must
maintain opacity to less than or
equal to 10 percent opacity or the
highest hourly average opacity
reading measured during the
performance test run demonstrating
compliance with the PM (or TSM)
emission limitation (daily block
average).
7. Performance testing............ For boilers and process heaters that
demonstrate compliance with a
performance test, maintain the 30-
day rolling average operating load
of each unit such that it does not
exceed 110 percent of the highest
hourly average operating load
recorded during the performance
test.
8. Oxygen analyzer system......... For boilers and process heaters
subject to a CO emission limit that
demonstrate compliance with an O2
analyzer system as specified in
Sec. 63.7525(a), maintain the 30-
day rolling average oxygen content
at or above the lowest hourly
average oxygen concentration
measured during the CO performance
test, as specified in Table 8. This
requirement does not apply to units
that install an oxygen trim system
since these units will set the trim
system to the level specified in
Sec. 63.7525(a).
9. SO2 CEMS....................... For boilers or process heaters
subject to an HCl emission limit
that demonstrate compliance with an
SO2 CEMS, maintain the 30-day
rolling average SO2 emission rate
at or below the highest hourly
average SO2 concentration measured
during the HCl performance test, as
specified in Table 8.
------------------------------------------------------------------------
\a\ A wet acid gas scrubber is a control device that removes acid gases
by contacting the combustion gas with an alkaline slurry or solution.
Alkaline reagents include, but not limited to, lime, limestone and
sodium.

[80 FR 72874, Nov. 20, 2015]

[[Page 204]]

Sec. Table 5 to Subpart DDDDD of Part 63--Performance Testing
Requirements

As stated in Sec.63.7520, you must comply with the following
requirements for performance testing for existing, new or reconstructed
affected sources:

------------------------------------------------------------------------
Using, as
To conduct a performance test for You must. . . appropriate . .
the following pollutant . . . .
------------------------------------------------------------------------
1. Filterable PM................... a. Select Method 1 at 40
sampling ports CFR part 60,
location and the appendix A-1 of
number of this chapter.
traverse points.
b. Determine Method 2, 2F, or
velocity and 2G at 40 CFR
volumetric flow- part 60,
rate of the appendix A-1 or
stack gas. A-2 to part 60
of this
chapter.
c. Determine Method 3A or 3B
oxygen or carbon at 40 CFR part
dioxide 60, appendix A-
concentration of 2 to part 60 of
the stack gas. this chapter,
or ANSI/ASME
PTC 19.10-
1981.\a\
d. Measure the Method 4 at 40
moisture content CFR part 60,
of the stack gas. appendix A-3 of
this chapter.
e. Measure the PM Method 5 or 17
emission (positive
concentration. pressure fabric
filters must
use Method 5D)
at 40 CFR part
60, appendix A-
3 or A-6 of
this chapter.
f. Convert Method 19 F-
emissions factor
concentration to methodology at
lb per MMBtu 40 CFR part 60,
emission rates. appendix A-7 of
this chapter.
2. TSM............................. a. Select Method 1 at 40
sampling ports CFR part 60,
location and the appendix A-1 of
number of this chapter.
traverse points.
b. Determine Method 2, 2F, or
velocity and 2G at 40 CFR
volumetric flow- part 60,
rate of the appendix A-1 or
stack gas. A-2 of this
chapter.
c. Determine Method 3A or 3B
oxygen or carbon at 40 CFR part
dioxide 60, appendix A-
concentration of 1 of this
the stack gas. chapter, or
ANSI/ASME PTC
19.10-1981.\a\
d. Measure the Method 4 at 40
moisture content CFR part 60,
of the stack gas. appendix A-3 of
this chapter.
e. Measure the Method 29 at 40
TSM emission CFR part 60,
concentration. appendix A-8 of
this chapter
f. Convert Method 19 F-
emissions factor
concentration to methodology at
lb per MMBtu 40 CFR part 60,
emission rates. appendix A-7 of
this chapter.
3. Hydrogen chloride............... a. Select Method 1 at 40
sampling ports CFR part 60,
location and the appendix A-1 of
number of this chapter.
traverse points.
b. Determine Method 2, 2F, or
velocity and 2G at 40 CFR
volumetric flow- part 60,
rate of the appendix A-2 of
stack gas. this chapter.
c. Determine Method 3A or 3B
oxygen or carbon at 40 CFR part
dioxide 60, appendix A-
concentration of 2 of this
the stack gas. chapter, or
ANSI/ASME PTC
19.10-1981.\a\
d. Measure the Method 4 at 40
moisture content CFR part 60,
of the stack gas. appendix A-3 of
this chapter.
e. Measure the Method 26 or 26A
hydrogen (M26 or M26A)
chloride at 40 CFR part
emission 60, appendix A-
concentration. 8 of this
chapter.
f. Convert Method 19 F-
emissions factor
concentration to methodology at
lb per MMBtu 40 CFR part 60,
emission rates. appendix A-7 of
this chapter.
4. Mercury......................... a. Select Method 1 at 40
sampling ports CFR part 60,
location and the appendix A-1 of
number of this chapter.
traverse points.
b. Determine Method 2, 2F, or
velocity and 2G at 40 CFR
volumetric flow- part 60,
rate of the appendix A-1 or
stack gas. A-2 of this
chapter.
c. Determine Method 3A or 3B
oxygen or carbon at 40 CFR part
dioxide 60, appendix A-
concentration of 1 of this
the stack gas. chapter, or
ANSI/ASME PTC
19.10-1981.\a\
d. Measure the Method 4 at 40
moisture content CFR part 60,
of the stack gas. appendix A-3 of
this chapter.
e. Measure the Method 29, 30A,
mercury emission or 30B (M29,
concentration. M30A, or M30B)
at 40 CFR part
60, appendix A-
8 of this
chapter or
Method 101A at
40 CFR part 61,
appendix B of
this chapter,
or ASTM Method
D6784.\a\
f. Convert Method 19 F-
emissions factor
concentration to methodology at
lb per MMBtu 40 CFR part 60,
emission rates. appendix A-7 of
this chapter.
5. CO.............................. a. Select the Method 1 at 40
sampling ports CFR part 60,
location and the appendix A-1 of
number of this chapter.
traverse points.

[[Page 205]]

b. Determine Method 3A or 3B
oxygen at 40 CFR part
concentration of 60, appendix A-
the stack gas. 3 of this
chapter, or
ASTM D6522-00
(Reapproved
2005), or ANSI/
ASME PTC 19.10-
1981.\a\
c. Measure the Method 4 at 40
moisture content CFR part 60,
of the stack gas. appendix A-3 of
this chapter.
d. Measure the CO Method 10 at 40
emission CFR part 60,
concentration. appendix A-4 of
this chapter.
Use a
measurement
span value of 2
times the
concentration
of the
applicable
emission limit.
------------------------------------------------------------------------
\a\ Incorporated by reference, see Sec. 63.14.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7200, Jan. 31, 2013; 80
FR 72825, Nov. 20, 2015]

Sec. Table 6 to Subpart DDDDD of Part 63--Fuel Analysis Requirements

As stated in Sec.63.7521, you must comply with the following
requirements for fuel analysis testing for existing, new or
reconstructed affected sources. However, equivalent methods (as defined
in Sec.63.7575) may be used in lieu of the prescribed methods at the
discretion of the source owner or operator:

------------------------------------------------------------------------
To conduct a fuel analysis for
the following pollutant . . . You must . . . Using . . .

------------------------------------------------------------------------
1. Mercury.................... a. Collect fuel Procedure in Sec.
samples. 63.7521(c) or ASTM
D5192\a\, or ASTM
D7430\a\, or ASTM
D6883\a\, or ASTM
D2234/D2234M\a\ (for
coal) or EPA 1631 or
EPA 1631E or ASTM
D6323\a\ (for
solid), or EPA 821-R-
01-013 (for liquid
or solid), or ASTM
D4177\a\ (for
liquid), or ASTM
D4057\a\ (for
liquid), or
equivalent.
b. Composite fuel Procedure in Sec.
samples. 63.7521(d) or
equivalent.
c. Prepare EPA SW-846-3050B\a\
composited fuel (for solid samples),
samples. ASTM D2013/D2013M\a\
(for coal), ASTM
D5198\a\ (for
biomass), or EPA
3050\a\ (for solid
fuel), or EPA 821-R-
01-013\a\ (for
liquid or solid), or
equivalent.
d. Determine heat ASTM D5865\a\ (for
content of the coal) or ASTM
fuel type. E711\a\ (for
biomass), or ASTM
D5864\a\ for liquids
and other solids, or
ASTM D240\a\ or
equivalent.
e. Determine ASTM D3173\a\, ASTM
moisture content E871\a\, or ASTM
of the fuel type. D5864\a\, or ASTM
D240\a\, or ASTM
D95\a\ (for liquid
fuels), or ASTM
D4006\a\ (for liquid
fuels), or
equivalent.
f. Measure ASTM D6722\a\ (for
mercury coal), EPA SW-846-
concentration in 7471B\a\ or EPA 1631
fuel sample. or EPA 1631E\a\ (for
solid samples), or
EPA SW-846-7470A\a\
or EPA SW-846-
7471B\a\ (for liquid
samples), or EPA 821-
R-01-013\a\ (for
liquid or solid), or
equivalent.
g. Convert For fuel mixtures use
concentration Equation 8 in Sec.
into units of 63.7530.
pounds of
mercury per
MMBtu of heat
content.
2. HCl........................ a. Collect fuel Procedure in Sec.
samples. 63.7521(c) or ASTM
D5192\a\, or ASTM
D7430\a\, or ASTM
D6883\a\, or ASTM
D2234/D2234M\a\ (for
coal) or ASTM
D6323\a\ (for coal
or biomass), ASTM
D4177\a\ (for liquid
fuels) or ASTM
D4057\a\ (for liquid
fuels), or
equivalent.
b. Composite fuel Procedure in Sec.
samples. 63.7521(d) or
equivalent.
c. Prepare EPA SW-846-3050B\a\
composited fuel (for solid samples),
samples. ASTM D2013/D2013M\a\
(for coal), or ASTM
D5198\a\ (for
biomass), or EPA
3050\a\ or
equivalent.
d. Determine heat ASTM D5865\a\ (for
content of the coal) or ASTM
fuel type. E711\a\ (for
biomass), ASTM
D5864\a\, ASTM
D240\a\ or
equivalent.
e. Determine ASTM D3173\a\ or ASTM
moisture content E871\a\, or
of the fuel type. D5864\a\, or ASTM
D240\a\, or ASTM
D95\a\ (for liquid
fuels), or ASTM
D4006\a\ (for liquid
fuels), or
equivalent.
f. Measure EPA SW-846-9250\a\,
chlorine ASTM D6721\a\, ASTM
concentration in D4208\a\ (for coal),
fuel sample. or EPA SW-846-
5050\a\ or ASTM
E776\a\ (for solid
fuel), or EPA SW-846-
9056\a\ or SW-846-
9076\a\ (for solids
or liquids) or
equivalent.
g. Convert For fuel mixtures use
concentrations Equation 7 in Sec.
into units of 63.7530 and convert
pounds of HCl from chlorine to HCl
per MMBtu of by multiplying by
heat content. 1.028.

[[Page 206]]

3. Mercury Fuel Specification a. Measure Method 30B (M30B) at
for other gas 1 fuels. mercury 40 CFR part 60,
concentration in appendix A-8 of this
the fuel sample chapter or ASTM
and convert to D5954\a\, ASTM
units of D6350\a\, ISO 6978-
micrograms per 1:2003(E)\a\, or ISO
cubic meter, or. 6978-2:2003(E)\a\,
or EPA-1631\a\ or
equivalent.
b. Measure Method 29, 30A, or
mercury 30B (M29, M30A, or
concentration in M30B) at 40 CFR part
the exhaust gas 60, appendix A-8 of
when firing only this chapter or
the other gas 1 Method 101A or
fuel is fired in Method 102 at 40 CFR
the boiler or part 61, appendix B
process heater. of this chapter, or
ASTM Method D6784\a\
or equivalent.
4. TSM........................ a. Collect fuel Procedure in Sec.
samples. 63.7521(c) or ASTM
D5192\a\, or ASTM
D7430\a\, or ASTM
D6883\a\, or ASTM
D2234/D2234M\a\ (for
coal) or ASTM
D6323\a\ (for coal
or biomass), or ASTM
D4177\a\, (for
liquid fuels), or
ASTM D4057\a\ (for
liquid fuels), or
equivalent.
b. Composite fuel Procedure in Sec.
samples. 63.7521(d) or
equivalent.
c. Prepare EPA SW-846-3050B\a\
composited fuel (for solid samples),
samples. ASTM D2013/D2013M\a\
(for coal), ASTM
D5198\a\ or TAPPI
T266\a\ (for
biomass), or EPA
3050\a\ or
equivalent.
d. Determine heat ASTM D5865\a\ (for
content of the coal) or ASTM
fuel type. E711\a\ (for
biomass), or ASTM
D5864\a\ for liquids
and other solids, or
ASTM D240\a\ or
equivalent.
e. Determine ASTM D3173\a\ or ASTM
moisture content E871\a\, or
of the fuel type. D5864\a\, or ASTM
D240\a\, or ASTM
D95\a\ (for liquid
fuels), or ASTM
D4006\a\ (for liquid
fuels), or ASTM
D4177\a\ (for liquid
fuels) or ASTM
D4057\a\ (for liquid
fuels), or
equivalent.
f. Measure TSM ASTM D3683\a\, or
concentration in ASTM D4606\a\, or
fuel sample. ASTM D6357\a\ or EPA
200.8\a\ or EPA SW-
846-6020\a\, or EPA
SW-846-6020A\a\, or
EPA SW-846-6010C\a\,
EPA 7060\a\ or EPA
7060A\a\ (for
arsenic only), or
EPA SW-846-7740\a\
(for selenium only).
g. Convert For fuel mixtures use
concentrations Equation 9 in Sec.
into units of 63.7530.
pounds of TSM
per MMBtu of
heat content.
------------------------------------------------------------------------
\a\ Incorporated by reference, see Sec. 63.14.

[83 FR 56725, Nov. 14, 2018]

Sec. Table 7 to Subpart DDDDD of Part 63--Establishing Operating Limits
\a b\

As stated in Sec.63.7520, you must comply with the following
requirements for establishing operating limits:

Table 7 to Subpart DDDDD of Part 63--Establishing Operating Limits \a b\
----------------------------------------------------------------------------------------------------------------
And your operating According to the
If you have an applicable limits are based You must . . . Using . . . following
emission limit for . . . on . . . requirements
----------------------------------------------------------------------------------------------------------------
1. PM, TSM, or mercury.......... a. Wet scrubber i. Establish a (1) Data from the (a) You must
operating site-specific scrubber pressure collect scrubber
parameters. minimum scrubber drop and liquid pressure drop and
pressure drop and flow rate liquid flow rate
minimum flow rate monitors and the data every 15
operating limit PM, TSM, or minutes during
according to Sec. mercury the entire period
63.7530(b). performance test. of the
performance
tests.
(b) Determine the
lowest hourly
average scrubber
pressure drop and
liquid flow rate
by computing the
hourly averages
using all of the
15-minute
readings taken
during each
performance test.

[[Page 207]]

b. Electrostatic i. Establish a (1) Data from the (a) You must
precipitator site-specific voltage and collect secondary
operating minimum total secondary voltage and
parameters secondary amperage monitors secondary
(option only for electric power during the PM or amperage for each
units that input according mercury ESP cell and
operate wet to Sec. performance test. calculate total
scrubbers). 63.7530(b). secondary
electric power
input data every
15 minutes during
the entire period
of the
performance
tests.
(b) Determine the
average total
secondary
electric power
input by
computing the
hourly averages
using all of the
15-minute
readings taken
during each
performance test.
c. Opacity........ i. Establish a (1) Data from the (a) You must
site-specific opacity collect opacity
maximum opacity monitoring system readings every 15
level. during the PM minutes during
performance test. the entire period
of the
performance
tests.
(b) Determine the
average hourly
opacity reading
for each
performance test
run by computing
the hourly
averages using
all of the 15-
minute readings
taken during each
performance test
run.
(c) Determine the
highest hourly
average opacity
reading measured
during the test
run demonstrating
compliance with
the PM (or TSM)
emission
limitation.
2. HCl.......................... a. Wet scrubber i. Establish site- (1) Data from the (a) You must
operating specific minimum pH and liquid collect pH and
parameters. effluent pH and flow-rate liquid flow-rate
flow rate monitors and the data every 15
operating limits HCl performance minutes during
according to Sec. test. the entire period
63.7530(b). of the
performance
tests.
(b) Determine the
hourly average pH
and liquid flow
rate by computing
the hourly
averages using
all of the 15-
minute readings
taken during each
performance test.

[[Page 208]]

b. Dry scrubber i. Establish a (1) Data from the (a) You must
operating site-specific sorbent injection collect sorbent
parameters. minimum sorbent rate monitors and injection rate
injection rate HCl or mercury data every 15
operating limit performance test. minutes during
according to Sec. the entire period
63.7530(b). If of the
different acid performance
gas sorbents are tests.
used during the (b) Determine the
HCl performance hourly average
test, the average sorbent injection
value for each rate by computing
sorbent becomes the hourly
the site-specific averages using
operating limit all of the 15-
for that sorbent. minute readings
taken during each
performance test.
(c) Determine the
lowest hourly
average of the
three test run
averages
established
during the
performance test
as your operating
limit. When your
unit operates at
lower loads,
multiply your
sorbent injection
rate by the load
fraction, as
defined in Sec.
63.7575, to
determine the
required
injection rate.
c. Alternative i. Establish a (1) Data from SO2 (a) You must
Maximum site-specific CEMS and the HCl collect the SO2
SO2emission rate. maximum performance test. emissions data
SO2emission rate according to Sec.
operating limit 63.7525(m)
according to Sec. during the most
63.7530(b). recent HCl
performance
tests.
(b) The maximum
SO2emission rate
is equal to the
highest hourly
average
SO2emission rate
measured during
the most recent
HCl performance
tests.

[[Page 209]]

3. Mercury...................... a. Activated i. Establish a (1) Data from the (a) You must
carbon injection. site-specific activated carbon collect activated
minimum activated rate monitors and carbon injection
carbon injection mercury rate data every
rate operating performance test. 15 minutes during
limit according the entire period
to Sec. of the
63.7530(b). performance
tests.
(b) Determine the
hourly average
activated carbon
injection rate by
computing the
hourly averages
using all of the
15-minute
readings taken
during each
performance test.
(c) Determine the
lowest hourly
average
established
during the
performance test
as your operating
limit. When your
unit operates at
lower loads,
multiply your
activated carbon
injection rate by
the load
fraction, as
defined in Sec.
63.7575, to
determine the
required
injection rate.
4. Carbon monoxide for which a. Oxygen......... i. Establish a (1) Data from the (a) You must
compliance is demonstrated by a unit-specific oxygen analyzer collect oxygen
performance test. limit for minimum system specified data every 15
oxygen level in Sec. minutes during
according to Sec. 63.7525(a). the entire period
63.7530(b). of the
performance
tests.
(b) Determine the
hourly average
oxygen
concentration by
computing the
hourly averages
using all of the
15-minute
readings taken
during each
performance test.
(c) Determine the
lowest hourly
average
established
during the
performance test
as your minimum
operating limit.

[[Page 210]]

5. Any pollutant for which a. Boiler or i. Establish a (1) Data from the (a) You must
compliance is demonstrated by a process heater unit specific operating load collect operating
performance test. operating load. limit for maximum monitors or from load or steam
operating load steam generation generation data
according to Sec. monitors. every 15 minutes
63.7520(c). during the entire
period of the
performance test.
(b) Determine the
average operating
load by computing
the hourly
averages using
all of the 15-
minute readings
taken during each
performance test.
(c) Determine the
highest hourly
average of the
three test run
averages during
the performance
test, and
multiply this by
1.1 (110 percent)
as your operating
limit.
----------------------------------------------------------------------------------------------------------------
\a\ Operating limits must be confirmed or reestablished during performance tests.
\b\ If you conduct multiple performance tests, you must set the minimum liquid flow rate and pressure drop
operating limits at the higher of the minimum values established during the performance tests. For a minimum
oxygen level, if you conduct multiple performance tests, you must set the minimum oxygen level at the lower of
the minimum values established during the performance tests.

[80 FR 72827, Nov. 20, 2015]

Sec. Table 8 to Subpart DDDDD of Part 63--Demonstrating Continuous
Compliance

As stated in Sec.63.7540, you must show continuous compliance with
the emission limitations for each boiler or process heater according to
the following:

------------------------------------------------------------------------
If you must meet the
following operating limits or You must demonstrate continuous
work practice standards . . . compliance by . . .
------------------------------------------------------------------------
1. Opacity................... a. Collecting the opacity monitoring
system data according to Sec.
63.7525(c) and Sec. 63.7535; and
b. Reducing the opacity monitoring data
to 6-minute averages; and
c. Maintaining daily block average
opacity to less than or equal to 10
percent or the highest hourly average
opacity reading measured during the
performance test run demonstrating
compliance with the PM (or TSM) emission
limitation.
2. PM CPMS................... a. Collecting the PM CPMS output data
according to Sec. 63.7525;
b. Reducing the data to 30-day rolling
averages; and
c. Maintaining the 30-day rolling average
PM CPMS output data to less than the
operating limit established during the
performance test according to Sec.
63.7530(b)(4).
3. Fabric Filter Bag Leak Installing and operating a bag leak
Detection Operation. detection system according to Sec.
63.7525 and operating the fabric filter
such that the requirements in Sec.
63.7540(a)(7) are met.
4. Wet Scrubber Pressure Drop a. Collecting the pressure drop and
and Liquid Flow-rate. liquid flow rate monitoring system data
according to Sec.Sec. 63.7525 and
63.7535; and
b. Reducing the data to 30-day rolling
averages; and
c. Maintaining the 30-day rolling average
pressure drop and liquid flow-rate at or
above the operating limits established
during the performance test according to
Sec. 63.7530(b).
5. Wet Scrubber pH........... a. Collecting the pH monitoring system
data according to Sec.Sec. 63.7525
and 63.7535; and
b. Reducing the data to 30-day rolling
averages; and
c. Maintaining the 30-day rolling average
pH at or above the operating limit
established during the performance test
according to Sec. 63.7530(b).
6. Dry Scrubber Sorbent or a. Collecting the sorbent or carbon
Carbon Injection Rate. injection rate monitoring system data
for the dry scrubber according to Sec.
Sec. 63.7525 and 63.7535; and
b. Reducing the data to 30-day rolling
averages; and
c. Maintaining the 30-day rolling average
sorbent or carbon injection rate at or
above the minimum sorbent or carbon
injection rate as defined in Sec.
63.7575.

[[Page 211]]

7. Electrostatic Precipitator a. Collecting the total secondary
Total Secondary Electric electric power input monitoring system
Power Input. data for the electrostatic precipitator
according to Sec.Sec. 63.7525 and
63.7535; and
b. Reducing the data to 30-day rolling
averages; and
c. Maintaining the 30-day rolling average
total secondary electric power input at
or above the operating limits
established during the performance test
according to Sec. 63.7530(b).
8. Emission limits using fuel a. Conduct monthly fuel analysis for HCl
analysis. or mercury or TSM according to Table 6
to this subpart; and
b. Reduce the data to 12-month rolling
averages; and
c. Maintain the 12-month rolling average
at or below the applicable emission
limit for HCl or mercury or TSM in
Tables 1 and 2 or 11 through 13 to this
subpart.
d. Calculate the HCI, mercury, and/or TSM
emission rate from the boiler or process
heater in units of lb/MMBtu using
Equation 15 and Equations 17, 18, and/or
19 in Sec. 63.7530.
9. Oxygen content............ a. Continuously monitor the oxygen
content using an oxygen analyzer system
according to Sec. 63.7525(a). This
requirement does not apply to units that
install an oxygen trim system since
these units will set the trim system to
the level specified in Sec.
63.7525(a)(7).
b. Reducing the data to 30-day rolling
averages; and
c. Maintain the 30-day rolling average
oxygen content at or above the lowest
hourly average oxygen level measured
during the CO performance test.
10. Boiler or process heater a. Collecting operating load data or
operating load. steam generation data every 15 minutes.
b. Reducing the data to 30-day rolling
averages; and
c. Maintaining the 30-day rolling average
operating load such that it does not
exceed 110 percent of the highest hourly
average operating load recorded during
the performance test according to Sec.
63.7520(c).
11. SO2 emissions using SO2 a. Collecting the SO2 CEMS output data
CEMS. according to Sec. 63.7525;
b. Reducing the data to 30-day rolling
averages; and
c. Maintaining the 30-day rolling average
SO2 CEMS emission rate to a level at or
below the highest hourly SO2 rate
measured during the HCl performance test
according to Sec. 63.7530.
------------------------------------------------------------------------

[78 FR 7204, Jan. 31, 2013, as amended at 80 FR 72829, Nov. 20, 2015]

Sec. Table 9 to Subpart DDDDD of Part 63--Reporting Requirements

As stated in Sec.63.7550, you must comply with the following
requirements for reports:

----------------------------------------------------------------------------------------------------------------
You must submit the report
You must submit a(n) The report must contain . . . . . .
----------------------------------------------------------------------------------------------------------------
1. Compliance report.................... a. Information required in Sec. Semiannually, annually,
63.7550(c)(1) through (5); and biennially, or every 5
years according to the
requirements in Sec.
63.7550(b).
b. If there are no deviations from any
emission limitation (emission limit and
operating limit) that applies to you and
there are no deviations from the
requirements for work practice standards
for periods of startup and shutdown in
Table 3 to this subpart that apply to
you, a statement that there were no
deviations from the emission limitations
and work practice standards during the
reporting period. If there were no
periods during which the CMSs, including
continuous emissions monitoring system,
continuous opacity monitoring system, and
operating parameter monitoring systems,
were out-of-control as specified in Sec.
63.8(c)(7), a statement that there were
no periods during which the CMSs were out-
of-control during the reporting period;
and
c. If you have a deviation from any
emission limitation (emission limit and
operating limit) where you are not using
a CMS to comply with that emission limit
or operating limit, or a deviation from a
work practice standard for periods of
startup and shutdown, during the
reporting period, the report must contain
the information in Sec. 63.7550(d); and
d. If there were periods during which the
CMSs, including continuous emissions
monitoring system, continuous opacity
monitoring system, and operating
parameter monitoring systems, were out-of-
control as specified in Sec.
63.8(c)(7), or otherwise not operating,
the report must contain the information
in Sec. 63.7550(e).
----------------------------------------------------------------------------------------------------------------

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7205, Jan. 31, 2013; 80
FR 72830, Nov. 20, 2015]

[[Page 212]]

Sec. Table 10 to Subpart DDDDD of Part 63--Applicability of General
Provisions to Subpart DDDDD

As stated in Sec.63.7565, you must comply with the applicable
General Provisions according to the following:

------------------------------------------------------------------------
Applies to
Citation Subject subpart DDDDD
------------------------------------------------------------------------
Sec. 63.1................... Applicability......... Yes.
Sec. 63.2................... Definitions........... Yes. Additional
terms defined
in Sec.
63.7575
Sec. 63.3................... Units and Yes.
Abbreviations.
Sec. 63.4................... Prohibited Activities Yes.
and Circumvention.
Sec. 63.5................... Preconstruction Review Yes.
and Notification
Requirements.
Sec. 63.6(a), (b)(1)-(b)(5), Compliance with Yes.
(b)(7), (c). Standards and
Maintenance
Requirements.
Sec. 63.6(e)(1)(i).......... General duty to No. See Sec.
minimize emissions.. 63.7500(a)(3)
for the general
duty
requirement.
Sec. 63.6(e)(1)(ii)......... Requirement to correct No.
malfunctions as soon
as practicable..
Sec. 63.6(e)(3)............. Startup, shutdown, and No.
malfunction plan
requirements..
Sec. 63.6(f)(1)............. Startup, shutdown, and No.
malfunction
exemptions for
compliance with non-
opacity emission
standards..
Sec. 63.6(f)(2) and (3)..... Compliance with non- Yes.
opacity emission
standards..
Sec. 63.6(g)................ Use of alternative Yes, except Sec.
standards.
63.7555(d)(13)
specifies the
procedure for
application and
approval of an
alternative
timeframe with
the PM controls
requirement in
the startup
work practice
(2).
Sec. 63.6(h)(1)............. Startup, shutdown, and No. See Sec.
malfunction 63.7500(a).
exemptions to opacity
standards..
Sec. 63.6(h)(2) to (h)(9)... Determining compliance No. Subpart
with opacity emission DDDDD specifies
standards. opacity as an
operating limit
not an emission
standard.
Sec. 63.6(i)................ Extension of Yes. Note:
compliance. Facilities may
also request
extensions of
compliance for
the
installation of
combined heat
and power,
waste heat
recovery, or
gas pipeline or
fuel feeding
infrastructure
as a means of
complying with
this subpart.
Sec. 63.6(j)................ Presidential Yes.
exemption..
Sec. 63.7(a), (b), (c), and Performance Testing Yes.
(d). Requirements.
Sec. 63.7(e)(1)............. Conditions for No. Subpart
conducting DDDDD specifies
performance tests. conditions for
conducting
performance
tests at Sec.
63.7520(a) to
(c).
Sec. 63.7(e)(2)-(e)(9), (f), Performance Testing Yes.
(g), and (h). Requirements.
Sec. 63.8(a) and (b)........ Applicability and Yes.
Conduct of Monitoring.
Sec. 63.8(c)(1)............. Operation and Yes.
maintenance of CMS.
Sec. 63.8(c)(1)(i).......... General duty to No. See Sec.
minimize emissions 63.7500(a)(3).
and CMS operation.
Sec. 63.8(c)(1)(ii)......... Operation and Yes.
maintenance of CMS.
Sec. 63.8(c)(1)(iii)........ Startup, shutdown, and No.
malfunction plans for
CMS.
Sec. 63.8(c)(2) to (c)(9)... Operation and Yes.
maintenance of CMS.
Sec. 63.8(d)(1) and (2)..... Monitoring Yes.
Requirements, Quality
Control Program.
Sec. 63.8(d)(3)............. Written procedures for Yes, except for
CMS. the last
sentence, which
refers to a
startup,
shutdown, and
malfunction
plan. Startup,
shutdown, and
malfunction
plans are not
required.
Sec. 63.8(e)................ Performance evaluation Yes.
of a CMS.
Sec. 63.8(f)................ Use of an alternative Yes.
monitoring method..
Sec. 63.8(g)................ Reduction of Yes.
monitoring data.
Sec. 63.9................... Notification Yes.
Requirements.
Sec. 63.10(a), (b)(1)....... Recordkeeping and Yes.
Reporting
Requirements.
Sec. 63.10(b)(2)(i)......... Recordkeeping of Yes.
occurrence and
duration of startups
or shutdowns.

[[Page 213]]

Sec. 63.10(b)(2)(ii)........ Recordkeeping of No. See Sec.
malfunctions. 63.7555(d)(7)
for
recordkeeping
of occurrence
and duration
and Sec.
63.7555(d)(8)
for actions
taken during
malfunctions.
Sec. 63.10(b)(2)(iii)....... Maintenance records... Yes.
Sec. 63.10(b)(2)(iv) and (v) Actions taken to No.
minimize emissions
during startup,
shutdown, or
malfunction.
Sec. 63.10(b)(2)(vi)........ Recordkeeping for CMS Yes.
malfunctions.
Sec. 63.10(b)(2)(vii) to Other CMS requirements Yes.
(xiv).
Sec. 63.10(b)(3)............ Recordkeeping No.
requirements for
applicability
determinations.
Sec. 63.10(c)(1) to (9)..... Recordkeeping for Yes.
sources with CMS.
Sec. 63.10(c)(10) and (11).. Recording nature and No. See Sec.
cause of 63.7555(d)(7)
malfunctions, and for
corrective actions. recordkeeping
of occurrence
and duration
and Sec.
63.7555(d)(8)
for actions
taken during
malfunctions.
Sec. 63.10(c)(12) and (13).. Recordkeeping for Yes.
sources with CMS.
Sec. 63.10(c)(15)........... Use of startup, No.
shutdown, and
malfunction plan.
Sec. 63.10(d)(1) and (2).... General reporting Yes.
requirements.
Sec. 63.10(d)(3)............ Reporting opacity or No.
visible emission
observation results.
Sec. 63.10(d)(4)............ Progress reports under Yes.
an extension of
compliance.
Sec. 63.10(d)(5)............ Startup, shutdown, and No. See Sec.
malfunction reports. 63.7550(c)(11)
for malfunction
reporting
requirements.
Sec. 63.10(e)............... Additional reporting Yes.
requirements for
sources with CMS.
Sec. 63.10(f)............... Waiver of Yes.
recordkeeping or
reporting
requirements.
Sec. 63.11.................. Control Device No.
Requirements.
Sec. 63.12.................. State Authority and Yes.
Delegation.
Sec. 63.13-63.16............ Addresses, Yes.
Incorporation by
Reference,
Availability of
Information,
Performance Track
Provisions.
Sec. 63.1(a)(5),(a)(7)- Reserved.............. No.
(a)(9), (b)(2), (c)(3)-(4),
(d), 63.6(b)(6), (c)(3),
(c)(4), (d), (e)(2),
(e)(3)(ii), (h)(3),
(h)(5)(iv), 63.8(a)(3),
63.9(b)(3), (h)(4),
63.10(c)(2)-(4), (c)(9)..
------------------------------------------------------------------------

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7205, Jan. 31, 2013; 80
FR 72830, Nov. 20, 2015]

Sec. Table 11 to Subpart DDDDD of Part 63--Alternative Emission Limits
for New or Reconstructed Boilers and Process Heaters That Commenced
Construction or Reconstruction After June 4, 2010, and Before May 20,
2011

----------------------------------------------------------------------------------------------------------------
The emissions must not
exceed the following
If your boiler or process heater is For the following emission limits, Using this specified
in this subcategory . . . pollutants . . . except during periods sampling volume or test run
of startup and duration . . .
shutdown . . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories a. HCl................ 0.022 lb per MMBtu of For M26A, collect a minimum
designed to burn solid fuel. heat input. of 1 dscm per run; for M26
collect a minimum of 120
liters per run.
2. Units in all subcategories a. Mercury............ 8.0E-07 \a\ lb per For M29, collect a minimum
designed to burn solid fuel that MMBtu of heat input. of 4 dscm per run; for
combust at least 10 percent M30A or M30B, collect a
biomass/bio-based solids on an minimum sample as
annual heat input basis and less specified in the method;
than 10 percent coal/solid fossil for ASTM D6784 \b\ collect
fuels on an annual heat input a minimum of 4 dscm.
basis.

[[Page 214]]

3. Units in all subcategories a. Mercury............ 2.0E-06 lb per MMBtu For M29, collect a minimum
designed to burn solid fuel that of heat input. of 4 dscm per run; for
combust at least 10 percent coal/ M30A or M30B, collect a
solid fossil fuels on an annual minimum sample as
heat input basis and less than 10 specified in the method;
percent biomass/bio-based solids for ASTM D6784 \b\ collect
on an annual heat input basis. a minimum of 4 dscm.
4. Units design to burn coal/solid a. Filterable PM (or 1.1E-03 lb per MMBtu Collect a minimum of 3 dscm
fossil fuel. TSM). of heat input; or per run.
(2.3E-05 lb per MMBtu
of heat input).
5. Pulverized coal boilers designed a. Carbon monoxide 130 ppm by volume on a 1 hr minimum sampling time.
to burn coal/solid fossil fuel. (CO) (or CEMS). dry basis corrected
to 3 percent oxygen,
3-run average; or
(320 ppm by volume on
a dry basis corrected
to 3 percent
oxygen,\c\ 30-day
rolling average).
6. Stokers designed to burn coal/ a. CO (or CEMS)....... 130 ppm by volume on a 1 hr minimum sampling time.
solid fossil fuel. dry basis corrected
to 3 percent oxygen,
3-run average; or
(340 ppm by volume on
a dry basis corrected
to 3 percent
oxygen,\c\ 10-day
rolling average).
7. Fluidized bed units designed to a. CO (or CEMS)....... 130 ppm by volume on a 1 hr minimum sampling time.
burn coal/solid fossil fuel. dry basis corrected
to 3 percent oxygen,
3-run average; or
(230 ppm by volume on
a dry basis corrected
to 3 percent
oxygen,\c\ 30-day
rolling average).
8. Fluidized bed units with an a. CO (or CEMS)....... 140 ppm by volume on a 1 hr minimum sampling time.
integrated heat exchanger designed dry basis corrected
to burn coal/solid fossil fuel. to 3 percent oxygen,
3-run average; or
(150 ppm by volume on
a dry basis corrected
to 3 percent
oxygen,\c\ 30-day
rolling average).
9. Stokers/sloped grate/others a. CO (or CEMS)....... 620 ppm by volume on a 1 hr minimum sampling time.
designed to burn wet biomass fuel. dry basis corrected
to 3 percent oxygen,
3-run average; or
(390 ppm by volume on
a dry basis corrected
to 3 percent
oxygen,\c\ 30-day
rolling average).
b. Filterable PM (or 3.0E-02 lb per MMBtu Collect a minimum of 2 dscm
TSM). of heat input; or per run.
(2.6E-05 lb per MMBtu
of heat input).
10. Stokers/sloped grate/others a. CO................. 560 ppm by volume on a 1 hr minimum sampling time.
designed to burn kiln-dried dry basis corrected
biomass fuel. to 3 percent oxygen,
3-run average.

[[Page 215]]

b. Filterable PM (or 3.0E-02 lb per MMBtu Collect a minimum of 2 dscm
TSM). of heat input; or per run.
(4.0E-03 lb per MMBtu
of heat input).
11. Fluidized bed units designed to a. CO (or CEMS)....... 230 ppm by volume on a 1 hr minimum sampling time.
burn biomass/bio-based solids. dry basis corrected
to 3 percent oxygen,
3-run average; or
(310 ppm by volume on
a dry basis corrected
to 3 percent
oxygen,\c\ 30-day
rolling average).
b. Filterable PM (or 9.8E-03 lb per MMBtu Collect a minimum of 3 dscm
TSM). of heat input; or per run.
(8.3E-05 \a\ lb per
MMBtu of heat input).
12. Suspension burners designed to a. CO (or CEMS)....... 2,400 ppm by volume on 1 hr minimum sampling time.
burn biomass/bio-based solids. a dry basis corrected
to 3 percent oxygen,
3-run average; or
(2,000 ppm by volume
on a dry basis
corrected to 3
percent oxygen,\c\ 10-
day rolling average).
b. Filterable PM (or 3.0E-02 lb per MMBtu Collect a minimum of 2 dscm
TSM). of heat input; or per run.
(6.5E-03 lb per MMBtu
of heat input).
13. Dutch Ovens/Pile burners a. CO (or CEMS)....... 1,010 ppm by volume on 1 hr minimum sampling time.
designed to burn biomass/bio-based a dry basis corrected
solids. to 3 percent oxygen,
3-run average; or
(520 ppm by volume on
a dry basis corrected
to 3 percent
oxygen,\c\ 10-day
rolling average).
b. Filterable PM (or 8.0E-03 lb per MMBtu Collect a minimum of 3 dscm
TSM). of heat input; or per run.
(3.9E-05 lb per MMBtu
of heat input).
14. Fuel cell units designed to a. CO................. 910 ppm by volume on a 1 hr minimum sampling time.
burn biomass/bio-based solids. dry basis corrected
to 3 percent oxygen,
3-run average.
b. Filterable PM (or 2.0E-02 lb per MMBtu Collect a minimum of 2 dscm
TSM). of heat input; or per run.
(2.9E-05 lb per MMBtu
of heat input).
15. Hybrid suspension grate boiler a. CO (or CEMS)....... 1,100 ppm by volume on 1 hr minimum sampling time.
designed to burn biomass/bio-based a dry basis corrected
solids. to 3 percent oxygen,
3-run average; or
(900 ppm by volume on
a dry basis corrected
to 3 percent
oxygen,\c\ 30-day
rolling average).
b. Filterable PM (or 2.6E-02 lb per MMBtu Collect a minimum of 3 dscm
TSM). of heat input; or per run.
(4.4E-04 lb per MMBtu
of heat input).
16. Units designed to burn liquid a. HCl................ 4.4E-04 lb per MMBtu For M26A: Collect a minimum
fuel. of heat input. of 2 dscm per run; for
M26, collect a minimum of
240 liters per run.

[[Page 216]]

b. Mercury............ 4.8E-07 \a\ lb per For M29, collect a minimum
MMBtu of heat input. of 4 dscm per run; for
M30A or M30B, collect a
minimum sample as
specified in the method;
for ASTM D6784 \b\ collect
a minimum of 4 dscm.
17. Units designed to burn heavy a. CO................. 130 ppm by volume on a 1 hr minimum sampling time.
liquid fuel. dry basis corrected
to 3 percent oxygen,
3-run average.
b. Filterable PM (or 1.3E-02 lb per MMBtu Collect a minimum of 3 dscm
TSM). of heat input; or per run.
(7.5E-05 lb per MMBtu
of heat input).
18. Units designed to burn light a. CO................. 130 ppm by volume on a 1 hr minimum sampling time.
liquid fuel. dry basis corrected
to 3 percent oxygen,
3-run average.
b. Filterable PM (or 2.0E-03 \a\ lb per Collect a minimum of 3 dscm
TSM). MMBtu of heat input; per run.
or (2.9E-05 lb per
MMBtu of heat input).
19. Units designed to burn liquid a. CO................. 130 ppm by volume on a 1 hr minimum sampling time.
fuel that are non-continental dry basis corrected
units. to 3 percent oxygen,
3-run average based
on stack test.
b. Filterable PM (or 2.3E-02 lb per MMBtu Collect a minimum of 4 dscm
TSM). of heat input; or per run.
(8.6E-04 lb per MMBtu
of heat input).
20. Units designed to burn gas 2 a. CO................. 130 ppm by volume on a 1 hr minimum sampling time.
(other) gases. dry basis corrected
to 3 percent oxygen,
3-run average.
b. HCl................ 1.7E-03 lb per MMBtu For M26A, Collect a minimum
of heat input. of 2 dscm per run; for
M26, collect a minimum of
240 liters per run.
c. Mercury............ 7.9E-06 lb per MMBtu For M29, collect a minimum
of heat input. of 3 dscm per run; for
M30A or M30B, collect a
minimum sample as
specified in the method;
for ASTM D6784 \b\ collect
a minimum of 3 dscm.
d. Filterable PM (or 6.7E-03 lb per MMBtu Collect a minimum of 3 dscm
TSM). of heat input; or per run.
(2.1E-04 lb per MMBtu
of heat input).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
according to Sec. 63.7515 if all of the other provision of Sec. 63.7515 are met. For all other pollutants
that do not contain a footnote ``a'', your performance tests for this pollutant for at least 2 consecutive
years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
testing.
\b\ Incorporated by reference, see Sec. 63.14.
\c\ An owner or operator may request an alternative test method under Sec. 63.7 of this chapter, in order that
compliance with the carbon monoxide emissions limit be determined using carbon dioxide as a diluent correction
in place of oxygen at 3%. EPA Method 19 F-factors and EPA Method 19 equations must be used to generate the
appropriate CO2 correction percentage for the fuel type burned in the unit, and must also take into account
that the 3% oxygen correction is to be done on a dry basis. The alternative test method request must account
for any CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection,
scrubber media, etc.

[80 FR 72831, Nov. 20, 2015]

[[Page 217]]

Sec. Table 12 to Subpart DDDDD of Part 63--Alternative Emission Limits
for New or Reconstructed Boilers and Process Heaters That Commenced
Construction or Reconstruction After May 20, 2011, and Before December
23, 2011

----------------------------------------------------------------------------------------------------------------
The emissions must not
exceed the following Using this specified
If your boiler or process heater For the following emission limits, except sampling volume or test
is in this subcategory . . . pollutants . . . during periods of startup run duration . . .
and shutdown . . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories a. HCl............... 0.022 lb per MMBtu of heat For M26A, collect a
designed to burn solid fuel. input. minimum of 1 dscm per
run; for M26 collect a
minimum of 120 liters
per run.
b. Mercury........... 3.5E-06 \a\ lb per MMBtu For M29, collect a
of heat input. minimum of 3 dscm per
run; for M30A or M30B,
collect a minimum sample
as specified in the
method; for ASTM D6784
\b\ collect a minimum of
3 dscm.
2. Units design to burn coal/solid a. Filterable PM (or 1.1E-03 lb per MMBtu of Collect a minimum of 3
fossil fuel. TSM). heat input; or (2.3E-05 dscm per run.
lb per MMBtu of heat
input).
3. Pulverized coal boilers a. Carbon monoxide 130 ppm by volume on a dry 1 hr minimum sampling
designed to burn coal/solid (CO) (or CEMS). basis corrected to 3 time.
fossil fuel. percent oxygen, 3-run
average; or (320 ppm by
volume on a dry basis
corrected to 3 percent
oxygen,\c\ 30-day rolling
average).
4. Stokers designed to burn coal/ a. CO (or CEMS)...... 130 ppm by volume on a dry 1 hr minimum sampling
solid fossil fuel. basis corrected to 3 time.
percent oxygen, 3-run
average; or (340 ppm by
volume on a dry basis
corrected to 3 percent
oxygen,\c\ 10-day rolling
average).
5. Fluidized bed units designed to a. CO (or CEMS)...... 130 ppm by volume on a dry 1 hr minimum sampling
burn coal/solid fossil fuel. basis corrected to 3 time.
percent oxygen, 3-run
average; or (230 ppm by
volume on a dry basis
corrected to 3 percent
oxygen,\c\ 30-day rolling
average).
6. Fluidized bed units with an a. CO (or CEMS)...... 140 ppm by volume on a dry 1 hr minimum sampling
integrated heat exchanger basis corrected to 3 time.
designed to burn coal/solid percent oxygen, 3-run
fossil fuel. average; or (150 ppm by
volume on a dry basis
corrected to 3 percent
oxygen,\c\ 30-day rolling
average).
7. Stokers/sloped grate/others a. CO (or CEMS)...... 620 ppm by volume on a dry 1 hr minimum sampling
designed to burn wet biomass fuel. basis corrected to 3 time.
percent oxygen, 3-run
average; or (390 ppm by
volume on a dry basis
corrected to 3 percent
oxygen,\c\ 30-day rolling
average).
b. Filterable PM (or 3.0E-02 lb per MMBtu of Collect a minimum of 2
TSM). heat input; or (2.6E-05 dscm per run.
lb per MMBtu of heat
input).
8. Stokers/sloped grate/others a. CO................ 460 ppm by volume on a dry 1 hr minimum sampling
designed to burn kiln-dried b. Filterable PM (or basis corrected to 3 time.
biomass fuel. TSM). percent oxygen, 3-run Collect a minimum of 2
average. dscm per run.
3.0E-02 lb per MMBtu of
heat input; or (4.0E-03
lb per MMBtu of heat
input).
9. Fluidized bed units designed to a. CO (or CEMS)...... 260 ppm by volume on a dry 1 hr minimum sampling
burn biomass/bio-based solids. basis corrected to 3 time.
percent oxygen, 3-run
average; or (310 ppm by
volume on a dry basis
corrected to 3 percent
oxygen,\c\ 30-day rolling
average).
b. Filterable PM (or 9.8E-03 lb per MMBtu of Collect a minimum of 3
TSM). heat input; or (8.3E-05 dscm per run.
\a\ lb per MMBtu of heat
input).
10. Suspension burners designed to a. CO (or CEMS)...... 2,400 ppm by volume on a 1 hr minimum sampling
burn biomass/bio-based solids. dry basis corrected to 3 time.
percent oxygen, 3-run
average; or (2,000 ppm by
volume on a dry basis
corrected to 3 percent
oxygen,\c\ 10-day rolling
average).
b. Filterable PM (or 3.0E-02 lb per MMBtu of Collect a minimum of 2
TSM). heat input; or (6.5E-03 dscm per run.
lb per MMBtu of heat
input).
11. Dutch Ovens/Pile burners a. CO (or CEMS)...... 470 ppm by volume on a dry 1 hr minimum sampling
designed to burn biomass/bio- basis corrected to 3 time.
based solids. percent oxygen, 3-run
average; or (520 ppm by
volume on a dry basis
corrected to 3 percent
oxygen,\c\ 10-day rolling
average).
b. Filterable PM (or 3.2E-03 lb per MMBtu of Collect a minimum of 3
TSM). heat input; or (3.9E-05 dscm per run.
lb per MMBtu of heat
input).

[[Page 218]]

12. Fuel cell units designed to a. CO................ 910 ppm by volume on a dry 1 hr minimum sampling
burn biomass/bio-based solids. b. Filterable PM (or basis corrected to 3 time.
TSM). percent oxygen, 3-run Collect a minimum of 2
average. dscm per run.
2.0E-02 lb per MMBtu of
heat input; or (2.9E-05
lb per MMBtu of heat
input).
13. Hybrid suspension grate boiler a. CO (or CEMS)...... 1,500 ppm by volume on a 1 hr minimum sampling
designed to burn biomass/bio- dry basis corrected to 3 time.
based solids. percent oxygen, 3-run
average; or (900 ppm by
volume on a dry basis
corrected to 3 percent
oxygen,\c\ 30-day rolling
average).
b. Filterable PM (or 2.6E-02 lb per MMBtu of Collect a minimum of 3
TSM). heat input; or (4.4E-04 dscm per run.
lb per MMBtu of heat
input).
14. Units designed to burn liquid a. HCl............... 4.4E-04 lb per MMBtu of For M26A: Collect a
fuel. heat input. minimum of 2 dscm per
run; for M26, collect a
minimum of 240 liters
per run.
b. Mercury........... 4.8E-07 \a\ lb per MMBtu For M29, collect a
of heat input. minimum of 4 dscm per
run; for M30A or M30B,
collect a minimum sample
as specified in the
method; for ASTM D6784
\b\ collect a minimum of
4 dscm.
15. Units designed to burn heavy a. CO................ 130 ppm by volume on a dry 1 hr minimum sampling
liquid fuel. basis corrected to 3 time.
percent oxygen, 3-run
average.
b. Filterable PM (or 1.3E-02 lb per MMBtu of Collect a minimum of 2
TSM). heat input; or (7.5E-05 dscm per run.
lb per MMBtu of heat
input).
16. Units designed to burn light a. CO................ 130 ppm by volume on a dry 1 hr minimum sampling
liquid fuel. basis corrected to 3 time.
percent oxygen, 3-run
average.
b. Filterable PM (or 1.3E-03 \a\ lb per MMBtu Collect a minimum of 3
TSM). of heat input; or (2.9E- dscm per run.
05 lb per MMBtu of heat
input).
17. Units designed to burn liquid a. CO................ 130 ppm by volume on a dry 1 hr minimum sampling
fuel that are non-continental basis corrected to 3 time.
units. percent oxygen, 3-run
average based on stack
test.
b. Filterable PM (or 2.3E-02 lb per MMBtu of Collect a minimum of 4
TSM). heat input; or (8.6E-04 dscm per run.
lb per MMBtu of heat
input).
18. Units designed to burn gas 2 a. CO................ 130 ppm by volume on a dry 1 hr minimum sampling
(other) gases. basis corrected to 3 time.
percent oxygen, 3-run
average.
b. HCl............... 1.7E-03 lb per MMBtu of For M26A, Collect a
heat input. minimum of 2 dscm per
run; for M26, collect a
minimum of 240 liters
per run.
c. Mercury........... 7.9E-06 lb per MMBtu of For M29, collect a
heat input. minimum of 3 dscm per
run; for M30A or M30B,
collect a minimum sample
as specified in the
method; for ASTM D6784
\b\ collect a minimum of
3 dscm.
d. Filterable PM (or 6.7E-03 lb per MMBtu of Collect a minimum of 3
TSM). heat input; or (2.1E-04 dscm per run.
lb per MMBtu of heat
input).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
according to Sec. 63.7515 if all of the other provision of Sec. 63.7515 are met. For all other pollutants
that do not contain a footnote ``a'', your performance tests for this pollutant for at least 2 consecutive
years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
testing.
\b\ Incorporated by reference, see Sec. 63.14.
\c\ An owner or operator may request an alternative test method under Sec. 63.7 of this chapter, in order that
compliance with the carbon monoxide emissions limit be determined using carbon dioxide as a diluent correction
in place of oxygen at 3%. EPA Method 19 F-factors and EPA Method 19 equations must be used to generate the
appropriate CO2 correction percentage for the fuel type burned in the unit, and must also take into account
that the 3% oxygen correction is to be done on a dry basis. The alternative test method request must account
for any CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection,
scrubber media, etc.

[80 FR 72834, Nov. 20, 2015]

[[Page 219]]

Sec. Table 13 to Subpart DDDDD of Part 63--Alternative Emission Limits
for New or Reconstructed Boilers and Process Heaters That Commenced
Construction or Reconstruction After December 23, 2011, and Before April
1, 2013

----------------------------------------------------------------------------------------------------------------
The emissions must
not exceed the
following emission Using this specified
If your boiler or process heater For the following pollutants . . limits, except sampling volume or
is in this subcategory . . . . during periods of test run duration .
startup and shutdown . .
. . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories a. HCl.......................... 0.022 lb per MMBtu For M26A, collect a
designed to burn solid fuel. of heat input. minimum of 1 dscm
per run; for M26
collect a minimum
of 120 liters per
run.
b. Mercury...................... 8.6E-07 \a\ lb per For M29, collect a
MMBtu of heat input. minimum of 4 dscm
per run; for M30A
or M30B, collect a
minimum sample as
specified in the
method; for ASTM
D6784 \b\ collect a
minimum of 4 dscm.
2. Pulverized coal boilers a. Carbon monoxide (CO) (or 130 ppm by volume on 1 hr minimum
designed to burn coal/solid CEMS). a dry basis sampling time.
fossil fuel. corrected to 3
percent oxygen, 3-
run average; or
(320 ppm by volume
on a dry basis
corrected to 3
percent oxygen,\c\
30-day rolling
average).
b. Filterable PM (or TSM)....... 1.1E-03 lb per MMBtu Collect a minimum of
of heat input; or 3 dscm per run.
(2.8E-05 lb per
MMBtu of heat
input).
3. Stokers designed to burn coal/ a. CO (or CEMS)................. 130 ppm by volume on 1 hr minimum
solid fossil fuel. a dry basis sampling time.
corrected to 3
percent oxygen, 3-
run average; or
(340 ppm by volume
on a dry basis
corrected to 3
percent oxygen,\c\
10-day rolling
average).
b. Filterable PM (or TSM)....... 2.8E-02 lb per MMBtu Collect a minimum of
of heat input; or 2 dscm per run.
(2.3E-05 lb per
MMBtu of heat
input).
4. Fluidized bed units designed to a. CO (or CEMS)................. 130 ppm by volume on 1 hr minimum
burn coal/solid fossil fuel. a dry basis sampling time.
corrected to 3
percent oxygen, 3-
run average; or
(230 ppm by volume
on a dry basis
corrected to 3
percent oxygen,\c\
30-day rolling
average).
b. Filterable PM (or TSM)....... 1.1E-03 lb per MMBtu Collect a minimum of
of heat input; or 3 dscm per run.
(2.3E-05 lb per
MMBtu of heat
input).
5. Fluidized bed units with an a. CO (or CEMS)................. 140 ppm by volume on 1 hr minimum
integrated heat exchanger a dry basis sampling time.
designed to burn coal/solid corrected to 3
fossil fuel. percent oxygen, 3-
run average; or
(150 ppm by volume
on a dry basis
corrected to 3
percent oxygen,\c\
30-day rolling
average).
b. Filterable PM (or TSM)....... 1.1E-03 lb per MMBtu Collect a minimum of
of heat input; or 3 dscm per run.
(2.3E-05 lb per
MMBtu of heat
input).
6. Stokers/sloped grate/others a. CO (or CEMS)................. 620 ppm by volume on 1 hr minimum
designed to burn wet biomass fuel. a dry basis sampling time.
corrected to 3
percent oxygen, 3-
run average; or
(410 ppm by volume
on a dry basis
corrected to 3
percent oxygen,\c\
10-day rolling
average).
b. Filterable PM (or TSM)....... 3.0E-02 lb per MMBtu Collect a minimum of
of heat input; or 2 dscm per run.
(2.6E-05 lb per
MMBtu of heat
input).
7. Stokers/sloped grate/others a. CO........................... 460 ppm by volume on 1 hr minimum
designed to burn kiln-dried a dry basis sampling time.
biomass fuel. corrected to 3
percent oxygen.

[[Page 220]]

b. Filterable PM (or TSM)....... 3.2E-01 lb per MMBtu Collect a minimum of
of heat input; or 2 dscm per run.
(4.0E-03 lb per
MMBtu of heat
input).
8. Fluidized bed units designed to a. CO (or CEMS)................. 230 ppm by volume on 1 hr minimum
burn biomass/bio-based solids. a dry basis sampling time.
corrected to 3
percent oxygen, 3-
run average; or
(310 ppm by volume
on a dry basis
corrected to 3
percent oxygen,\c\
30-day rolling
average).
b. Filterable PM (or TSM)....... 9.8E-03 lb per MMBtu Collect a minimum of
of heat input; or 3 dscm per run.
(8.3E-05 \a\ lb per
MMBtu of heat
input).
9. Suspension burners designed to a. CO (or CEMS)................. 2,400 ppm by volume 1 hr minimum
burn biomass/bio-based solids. on a dry basis sampling time.
corrected to 3
percent oxygen, 3-
run average; or
(2,000 ppm by
volume on a dry
basis corrected to
3 percent
oxygen,\c\ 10-day
rolling average).
b. Filterable PM (or TSM)....... 5.1E-02 lb per MMBtu Collect a minimum of
of heat input; or 2 dscm per run.
(6.5E-03 lb per
MMBtu of heat
input).
10. Dutch Ovens/Pile burners a. CO (or CEMS)................. 810 ppm by volume on 1 hr minimum
designed to burn biomass/bio- a dry basis sampling time.
based solids. corrected to 3
percent oxygen, 3-
run average; or
(520 ppm by volume
on a dry basis
corrected to 3
percent oxygen,\c\
10-day rolling
average).
b. Filterable PM (or TSM)....... 3.6E-02 lb per MMBtu Collect a minimum of
of heat input; or 2 dscm per run.
(3.9E-05 lb per
MMBtu of heat
input).
11. Fuel cell units designed to a. CO........................... 910 ppm by volume on 1 hr minimum
burn biomass/bio-based solids. a dry basis sampling time.
corrected to 3
percent oxygen.
b. Filterable PM (or TSM)....... 2.0E-02 lb per MMBtu Collect a minimum of
of heat input; or 2 dscm per run.
(2.9E-05 lb per
MMBtu of heat
input).
12. Hybrid suspension grate boiler a. CO (or CEMS)................. 1,500 ppm by volume 1 hr minimum
designed to burn biomass/bio- on a dry basis sampling time.
based solids. corrected to 3
percent oxygen, 3-
run average; or
(900 ppm by volume
on a dry basis
corrected to 3
percent oxygen,\c\
30-day rolling
average).
b. Filterable PM (or TSM)....... 2.6E-02 lb per MMBtu Collect a minimum of
of heat input; or 3 dscm per run.
(4.4E-04 lb per
MMBtu of heat
input).
13. Units designed to burn liquid a. HCl.......................... 1.2E-03 lb per MMBtu For M26A: Collect a
fuel. of heat input. minimum of 2 dscm
per run; for M26,
collect a minimum
of 240 liters per
run.
b. Mercury...................... 4.9E-07 \a\ lb per For M29, collect a
MMBtu of heat input. minimum of 4 dscm
per run; for M30A
or M30B, collect a
minimum sample as
specified in the
method; for ASTM
D6784 \b\ collect a
minimum of 4 dscm.
14. Units designed to burn heavy a. CO (or CEMS)................. 130 ppm by volume on 1 hr minimum
liquid fuel. a dry basis sampling time.
corrected to 3
percent oxygen, 3-
run average; or (18
ppm by volume on a
dry basis corrected
to 3 percent
oxygen,\c\ 10-day
rolling average).

[[Page 221]]

15. Units designed to burn light a. CO (or CEMS)................. 130 \a\ ppm by 1 hr minimum
liquid fuel. volume on a dry sampling time.
basis corrected to
3 percent oxygen;
or (60 ppm by
volume on a dry
basis corrected to
3 percent
oxygen,\c\ 1-day
block average).
b. Filterable PM (or TSM)....... 1.1E-03 \a\ lb per Collect a minimum of
MMBtu of heat 3 dscm per run.
input; or (2.9E-05
lb per MMBtu of
heat input).
16. Units designed to burn liquid a. CO........................... 130 ppm by volume on 1 hr minimum
fuel that are non-continental a dry basis sampling time.
units. corrected to 3
percent oxygen, 3-
run average based
on stack test; or
(91 ppm by volume
on a dry basis
corrected to 3
percent oxygen, 3-
hour rolling
average).
b. Filterable PM (or TSM)....... 2.3E-02 lb per MMBtu Collect a minimum of
of heat input; or 2 dscm per run.
(8.6E-04 lb per
MMBtu of heat
input).
17. Units designed to burn gas 2 a. CO........................... 130 ppm by volume on 1 hr minimum
(other) gases. a dry basis sampling time.
corrected to 3
percent oxygen.
b. HCl.......................... 1.7E-03 lb per MMBtu For M26A, Collect a
of heat input. minimum of 2 dscm
per run; for M26,
collect a minimum
of 240 liters per
run.
c. Mercury...................... 7.9E-06 lb per MMBtu For M29, collect a
of heat input. minimum of 3 dscm
per run; for M30A
or M30B, collect a
minimum sample as
specified in the
method; for ASTM
D6784 \b\ collect a
minimum of 3 dscm.
d. Filterable PM (or TSM)....... 6.7E-03 lb per MMBtu Collect a minimum of
of heat input; or 3 dscm per run.
(2.1E-04 lb per
MMBtu of heat
input).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
for at least 2 consecutive years show that your emissions are at or below this limit and you are not required
to conduct testing for CEMS or CPMS monitor certification, you can skip testing according to Sec. 63.7515 if
all of the other provision of Sec. 63.7515 are met. For all other pollutants that do not contain a footnote
``a'', your performance tests for this pollutant for at least 2 consecutive years must show that your
emissions are at or below 75 percent of this limit in order to qualify for skip testing.
\b\ Incorporated by reference, see Sec. 63.14.
\c\ An owner or operator may request an alternative test method under Sec. 63.7 of this chapter, in order that
compliance with the carbon monoxide emissions limit be determined using carbon dioxide as a diluent correction
in place of oxygen at 3%. EPA Method 19 F-factors and EPA Method 19 equations must be used to generate the
appropriate CO2 correction percentage for the fuel type burned in the unit, and must also take into account
that the 3% oxygen correction is to be done on a dry basis. The alternative test method request must account
for any CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection,
scrubber media, etc.

[78 FR 7210, Jan. 31, 2013, as amended at 80 FR 72836, Nov. 20, 2015]

Subpart EEEEE_National Emission Standards for Hazardous Air Pollutants
for Iron and Steel Foundries

Source: 69 FR 21923, Apr. 22, 2004, unless otherwise noted.

What this Subpart Covers

Sec.63.7680 What is the purpose of this subpart?

This subpart establishes national emission standards for hazardous
air pollutants (NESHAP) for iron and steel foundries. This subpart also
establishes requirements to demonstrate initial and continuous
compliance with the emissions limitations, work practice standards, and
operation and maintenance requirements in this subpart.

[[Page 222]]

Sec.63.7681 Am I subject to this subpart?

You are subject to this subpart if you own or operate an iron and
steel foundry that is (or is part of) a major source of hazardous air
pollutant (HAP) emissions. Your iron and steel foundry is a major source
of HAP for purposes of this subpart if it emits or has the potential to
emit any single HAP at a rate of 10 tons or more per year or any
combination of HAP at a rate of 25 tons or more per year or if it is
located at a facility that emits or has the potential to emit any single
HAP at a rate of 10 tons or more per year or any combination of HAP at a
rate of 25 tons or more per year as defined in Sec.63.2.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7218, Feb. 7, 2008]

Sec.63.7682 What parts of my foundry does this subpart cover?

(a) The affected source is each new or existing iron and steel
foundry.
(b) This subpart covers emissions from metal melting furnaces, scrap
preheaters, pouring areas, pouring stations, automated conveyor and
pallet cooling lines, automated shakeout lines, and mold and core making
lines. This subpart also covers fugitive emissions from foundry
operations.
(c) An affected source is existing if you commenced construction or
reconstruction of the affected source before December 23, 2002.
(d) An affected source is new if you commenced construction or
reconstruction of the affected source on or after December 23, 2002. An
affected source is reconstructed if it meets the definition of
``reconstruction'' in Sec.63.2.

Sec.63.7683 When do I have to comply with this subpart?

(a) Except as specified in paragraph (b) of this section, if you
have an existing affected source, you must comply with each emissions
limitation, work practice standard, and operation and maintenance
requirement in this subpart that applies to you no later than April 23,
2007. Major source status for existing affected sources must be
determined no later than April 23, 2007.
(b) If you have an existing affected source, you must comply with
the work practice standards in Sec.63.7700(b) or (c), as applicable,
no later than April 22, 2005.
(c) If you have a new affected source for which the initial startup
date is on or before April 22, 2004, you must comply with each emissions
limitation, work practice standard, and operation and maintenance
requirement in this subpart that applies to you by April 22, 2004.
(d) If you have a new affected source for which the initial startup
date is after April 22, 2004, you must comply with each emissions
limitation, work practice standard, and operation and maintenance
requirement in this subpart that applies to you upon initial startup.
(e) If your iron and steel foundry is an area source that becomes a
major source of HAP, you must meet the requirements of Sec.63.6(c)(5).
(f) You must meet the notification and schedule requirements in
Sec.63.7750. Note that several of these notifications must be
submitted before the compliance date for your affected source.

Emissions Limitations

Sec.63.7690 What emissions limitations must I meet?

(a) You must meet the emissions limits or standards in paragraphs
(a)(1) through (11) of this section that apply to you. When alternative
emissions limitations are provided for a given emissions source, you are
not restricted in the selection of which applicable alternative
emissions limitation is used to demonstrate compliance.
(1) For each electric arc metal melting furnace, electric induction
metal melting furnace, or scrap preheater at an existing iron and steel
foundry, you must not discharge emissions through a conveyance to the
atmosphere that exceed either the limit for particulate matter (PM) in
paragraph (a)(1)(i) of this section or, alternatively the limit for
total metal HAP in paragraph (a)(1)(ii) of this section:
(i) 0.005 grains of PM per dry standard cubic foot (gr/dscf), or
(ii) 0.0004 gr/dscf of total metal HAP.
(2) For each cupola metal melting furnace at an existing iron and
steel

[[Page 223]]

foundry, you must not discharge emissions through a conveyance to the
atmosphere that exceed either the limit for PM in paragraph (a)(2)(i) or
(ii) of this section or, alternatively the limit for total metal HAP in
paragraph (a)(2)(iii) or (iv) of this section:
(i) 0.006 gr/dscf of PM; or
(ii) 0.10 pound of PM per ton (lb/ton) of metal charged, or
(iii) 0.0005 gr/dscf of total metal HAP; or
(iv) 0.008 pound of total metal HAP per ton (lb/ton) of metal
charged.
(3) For each cupola metal melting furnace or electric arc metal
melting furnace at a new iron and steel foundry, you must not discharge
emissions through a conveyance to the atmosphere that exceed either the
limit for PM in paragraph (a)(3)(i) of this section or, alternatively
the limit for total metal HAP in paragraph (a)(3)(ii) of this section:
(i) 0.002 gr/dscf of PM, or
(ii) 0.0002 gr/dscf of total metal HAP.
(4) For each electric induction metal melting furnace or scrap
preheater at a new iron and steel foundry, you must not discharge
emissions through a conveyance to the atmosphere that exceed either the
limit for PM in paragraph (a)(4)(i) of this section or, alternatively
the limit for total metal HAP in paragraph (a)(4)(ii) of this section:
(i) 0.001 gr/dscf of PM, or
(ii) 0.00008 gr/dscf of total metal HAP.
(5) For each pouring station at an existing iron and steel foundry,
you must not discharge emissions through a conveyance to the atmosphere
that exceed either the limit for PM in paragraph (a)(5)(i) of this
section or, alternatively the limit for total metal HAP in paragraph
(a)(5)(ii) of this section:
(i) 0.010 gr/dscf of PM, or
(ii) 0.0008 gr/dscf of total metal HAP.
(6) For each pouring area or pouring station at a new iron and steel
foundry, you must not discharge emissions through a conveyance to the
atmosphere that exceed either the limit for PM in paragraph (a)(6)(i) of
this section or, alternatively the limit for total metal HAP in
paragraph (a)(6)(ii) of this section:
(i) 0.002 gr/dscf of PM, or
(ii) 0.0002 gr/dscf of total metal HAP.
(7) For each building or structure housing any iron and steel
foundry emissions source at the iron and steel foundry, you must not
discharge any fugitive emissions to the atmosphere from foundry
operations that exhibit opacity greater than 20 percent (6-minute
average), except for one 6-minute average per hour that does not exceed
27 percent opacity.
(8) For each cupola metal melting furnace at a new or existing iron
and steel foundry, you must not discharge emissions of volatile organic
hazardous air pollutants (VOHAP) through a conveyance to the atmosphere
that exceed 20 parts per million by volume (ppmv) corrected to 10
percent oxygen.
(9) As an alternative to the work practice standard in Sec.
63.7700(e) for a scrap preheater at an existing iron and steel foundry
or in Sec.63.7700(f) for a scrap preheater at a new iron and steel
foundry, you must not discharge emissions of VOHAP through a conveyance
to the atmosphere that exceed 20 ppmv.
(10) For one or more automated conveyor and pallet cooling lines
that use a sand mold system or automated shakeout lines that use a sand
mold system at a new iron and steel foundry, you must not discharge
emissions of VOHAP through a conveyance to the atmosphere that exceed a
flow-weighted average of 20 ppmv.
(11) For each triethylamine (TEA) cold box mold or core making line
at a new or existing iron and steel foundry, you must meet either the
emissions limit in paragraph (a)(11)(i) of this section or,
alternatively the emissions standard in paragraph (a)(11)(ii) of this
section:
(i) You must not discharge emissions of TEA through a conveyance to
the atmosphere that exceed 1 ppmv, as determined according to the
performance test procedures in Sec.63.7732(g); or
(ii) You must reduce emissions of TEA from each TEA cold box mold or
core making line by at least 99 percent, as determined according to the
performance test procedures in Sec.63.7732(g).
(b) You must meet each operating limit in paragraphs (b)(1) through
(5) of this section that applies to you.
(1) You must install, operate, and maintain a capture and collection
system for all emissions sources subject to

[[Page 224]]

an emissions limit for VOHAP or TEA in paragraphs (a)(8) through (11) of
this section.
(i) Each capture and collection system must meet accepted
engineering standards, such as those published by the American
Conference of Governmental Industrial Hygienists.
(ii) You must operate each capture system at or above the lowest
value or settings established as operating limits in your operation and
maintenance plan.
(2) You must operate each wet scrubber applied to emissions from a
metal melting furnace, scrap preheater, pouring area, or pouring station
subject to an emissions limit for PM or total metal HAP in paragraphs
(a)(1) through (6) of this section such that the 3-hour average pressure
drop and scrubber water flow rate does not fall below the minimum levels
established during the initial or subsequent performance test.
(3) You must operate each combustion device applied to emissions
from a cupola metal melting furnace subject to the emissions limit for
VOHAP in paragraph (a)(8) of this section, such that the 15-minute
average combustion zone temperature does not fall below 1,300 degrees
Fahrenheit ([deg]F). Periods when the cupola is off blast and for 15
minutes after going on blast from an off blast condition are not
included in the 15-minute average.
(4) You must operate each combustion device applied to emissions
from a scrap preheater subject to the emissions limit for VOHAP in
paragraph (a)(9) of this section or from a TEA cold box mold or core
making line subject to the emissions limit for TEA in paragraph (a)(11)
of this section, such that the 3-hour average combustion zone
temperature does not fall below the minimum level established during the
initial or subsequent performance test.
(5) You must operate each wet acid scrubber applied to emissions
from a TEA cold box mold or core making line subject to the emissions
limit for TEA in paragraph (a)(11) of this section such that:
(i) The 3-hour average scrubbing liquid flow rate does not fall
below the minimum level established during the initial or subsequent
performance test; and
(ii) The 3-hour average pH of the scrubber blowdown, as measured by
a continuous parameter monitoring system (CPMS), does not exceed 4.5 or
the pH of the scrubber blowdown, as measured once every 8 hours during
process operations, does not exceed 4.5.
(c) If you use a control device other than a baghouse, wet scrubber,
wet acid scrubber, or combustion device, you must prepare and submit a
monitoring plan containing the information listed in paragraphs (c)(1)
through (5) of this section. The monitoring plan is subject to approval
by the Administrator.
(1) A description of the device;
(2) Test results collected in accordance with Sec.63.7732
verifying the performance of the device for reducing emissions of PM,
total metal HAP, VOHAP, or TEA to the levels required by this subpart;
(3) A copy of the operation and maintenance plan required by Sec.
63.7710(b);
(4) A list of appropriate operating parameters that will be
monitored to maintain continuous compliance with the applicable
emissions limitation(s); and
(5) Operating parameter limits based on monitoring data collected
during the performance test.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7218, Feb. 7, 2008]

Work Practice Standards

Sec.63.7700 What work practice standards must I meet?

(a) For each segregated scrap storage area, bin or pile, you must
either comply with the certification requirements in paragraph (b) of
this section, or prepare and implement a plan for the selection and
inspection of scrap according to the requirements in paragraph (c) of
this section. You may have certain scrap subject to paragraph (b) of
this section and other scrap subject to paragraph (c) of this section at
your facility provided the scrap remains segregated until charge make-
up.
(b) You must prepare and operate at all times according to a written
certification that the foundry purchases and

[[Page 225]]

uses only metal ingots, pig iron, slitter, or other materials that do
not include post-consumer automotive body scrap, post-consumer engine
blocks, post-consumer oil filters, oily turnings, lead components,
mercury switches, plastics, or free organic liquids. For the purpose of
this paragraph (b), ``free organic liquids'' is defined as material that
fails the paint filter test by EPA Method 9095A, ``Paint Filter Liquids
Test'' (Revision 1, December 1996), as published in EPA Publication SW-
846 ``Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods'' (incorporated by reference--see Sec.63.14). Any post-
consumer engine blocks, post-consumer oil filters, or oily turnings that
are processed and/or cleaned to the extent practicable such that the
materials do not include lead components, mercury switches, chlorinated
plastics, or free organic liquids can be included in this certification.
(c) You must prepare and operate at all times according to a written
plan for the selection and inspection of iron and steel scrap to
minimize, to the extent practicable, the amount of organics and HAP
metals in the charge materials used by the iron and steel foundry. This
scrap selection and inspection plan is subject to approval by the
Administrator. You must keep a copy of the plan onsite and readily
available to all plant personnel with materials acquisition or
inspection duties. You must provide a copy of the material
specifications to each of your scrap vendors. Each plan must include the
information specified in paragraphs (c)(1) through (3) of this section.
(1) A materials acquisition program to limit organic contaminants
according to the requirements in paragraph (c)(1)(i) or (ii) of this
section, as applicable.
(i) For scrap charged to a scrap preheater, electric arc metal
melting furnace, or electric induction metal melting furnace,
specifications for scrap materials to be depleted (to the extent
practicable) of the presence of used oil filters, chlorinated plastic
parts, organic liquids, and a program to ensure the scrap materials are
drained of free liquids; or
(ii) For scrap charged to a cupola metal melting furnace,
specifications for scrap materials to be depleted (to the extent
practicable) of the presence of chlorinated plastic, and a program to
ensure the scrap materials are drained of free liquids.
(2) A materials acquisition program specifying that the scrap
supplier remove accessible mercury switches from the trunks and hoods of
any automotive bodies contained in the scrap and remove accessible lead
components such as batteries and wheel weights. You must either obtain
and maintain onsite a copy of the procedures used by the scrap supplier
for either removing accessible mercury switches or for purchasing
automobile bodies that have had mercury switches removed, as applicable,
or document your attempts to obtain a copy of these procedures from the
scrap suppliers servicing your area.
(3) Procedures for visual inspection of a representative portion,
but not less than 10 percent, of all incoming scrap shipments to ensure
the materials meet the specifications.
(i) The inspection procedures must identify the location(s) where
inspections are to be performed for each type of shipment. Inspections
may be performed at the scrap supplier's facility. The selected
location(s) must provide a reasonable vantage point, considering worker
safety, for visual inspection.
(ii) The inspection procedures must include recordkeeping
requirements that document each visual inspection and the results.
(iii) The inspection procedures must include provisions for
rejecting or returning entire or partial scrap shipments that do not
meet specifications and limiting purchases from vendors whose shipments
fail to meet specifications for more than three inspections in one
calendar year.
(iv) If the inspections are performed at the scrap supplier's
facility, the inspection procedures must include an explanation of how
the periodic inspections ensure that not less than 10 percent of scrap
purchased from each supplier is subject to inspection.
(d) For each furan warm box mold or core making line in a new or
existing iron and steel foundry, you must use a binder chemical
formulation that does

[[Page 226]]

not contain methanol as a specific ingredient of the catalyst
formulation as determined by the Material Safety Data Sheet. This
requirement does not apply to the resin portion of the binder system.
(e) For each scrap preheater at an existing iron and steel foundry,
you must meet either the requirement in paragraph (e)(1) or (2) of this
section. As an alternative to the requirement in paragraph (e)(1) or (2)
of this section, you must meet the VOHAP emissions limit in Sec.
63.7690(a)(9).
(1) You must operate and maintain a gas-fired preheater where the
flame directly contacts the scrap charged; or
(2) You must charge only material that is subject to and in
compliance with the scrap certification requirement in paragraph (b) of
this section.
(f) For each scrap preheater at a new iron and steel foundry, you
must charge only material that is subject to and in compliance with the
scrap certification requirement in paragraph (b) of this section. As an
alternative to this requirement, you must meet the VOHAP emissions limit
in Sec.63.7690(a)(9).

[69 FR 21923, Apr. 22, 2004, as amended at 70 FR 29404, May 20, 2005; 73
FR 7218, Feb. 7, 2008]

Operation and Maintenance Requirements

Sec.63.7710 What are my operation and maintenance requirements?

(a) As required by Sec.63.6(e)(1)(i), you must always operate and
maintain your iron and steel foundry, including air pollution control
and monitoring equipment, in a manner consistent with good air pollution
control practices for minimizing emissions at least to the levels
required by this subpart.
(b) You must prepare and operate at all times according to a written
operation and maintenance plan for each capture and collection system
and control device for an emissions source subject to a PM, metal HAP,
TEA, or VOHAP emissions limit in Sec.63.7690(a). Your operation and
maintenance plan also must include procedures for igniting gases from
mold vents in pouring areas and pouring stations that use a sand mold
system. This operation and maintenance plan is subject to approval by
the Administrator. Each plan must contain the elements described in
paragraphs (b)(1) through (6) of this section.
(1) Monthly inspections of the equipment that is important to the
performance of the total capture system (i.e., pressure sensors,
dampers, and damper switches). This inspection must include observations
of the physical appearance of the equipment (e.g., presence of holes in
the ductwork or hoods, flow constrictions caused by dents or accumulated
dust in the ductwork, and fan erosion). The operation and maintenance
plan must also include requirements to repair the defect or deficiency
as soon as practicable.
(2) Operating limits for each capture system for an emissions source
subject to an emissions limit or standard for VOHAP or TEA in Sec.
63.7690(a)(8) through (11). You must establish the operating according
to the requirements in paragraphs (b)(2)(i) through (iii) of this
section.
(i) Select operating limit parameters appropriate for the capture
system design that are representative and reliable indicators of the
performance of the capture system. At a minimum, you must use
appropriate operating limit parameters that indicate the level of the
ventilation draft and damper position settings for the capture system
when operating to collect emissions, including revised settings for
seasonal variations. Appropriate operating limit parameters for
ventilation draft include, but are not limited to: volumetric flow rate
through each separately ducted hood, total volumetric flow rate at the
inlet to the control device to which the capture system is vented, fan
motor amperage, or static pressure. Any parameter for damper position
setting may be used that indicates the duct damper position related to
the fully open setting.
(ii) For each operating limit parameter selected in paragraph
(b)(2)(i) of this section, designate the value or setting for the
parameter at which the capture system operates during the process
operation. If your operation allows for more than one process to be
operating simultaneously, designate the value or setting for the
parameter

[[Page 227]]

at which the capture system operates during each possible configuration
that you may operate (i.e., the operating limits with one furnace
melting, two melting, as applicable to your plant).
(iii) Include documentation in your plan to support your selection
of the operating limits established for your capture system. This
documentation must include a description of the capture system design, a
description of the capture system operating during production, a
description of each selected operating limit parameter, a rationale for
why you chose the parameter, a description of the method used to monitor
the parameter according to the requirements of Sec.63.7740(a), and the
data used to set the value or setting for the parameter for each of your
process configurations.
(3) Preventative maintenance plan for each control device, including
a preventative maintenance schedule that is consistent with the
manufacturer's instructions for routine and long-term maintenance.
(4) A site-specific monitoring plan for each bag leak detection
system. For each bag leak detection system that operates on the
triboelectric effect, the monitoring plan must be consistent with the
recommendations contained in the U.S. Environmental Protection Agency
guidance document ``Fabric Filter Bag Leak Detection Guidance'' (EPA-
454/R-98-015). This baghouse monitoring plan is subject to approval by
the Administrator. The owner or operator shall operate and maintain the
bag leak detection system according to the site-specific monitoring plan
at all times. The plan must address all of the items identified in
paragraphs (b)(4)(i) through (v) of this section.
(i) Installation of the bag leak detection system.
(ii) Initial and periodic adjustment of the bag leak detection
system including how the alarm set-point will be established.
(iii) Operation of the bag leak detection system including quality
assurance procedures.
(iv) How the bag leak detection system will be maintained including
a routine maintenance schedule and spare parts inventory list.
(v) How the bag leak detection system output will be recorded and
stored.
(5) Corrective action plan for each baghouse. The plan must include
the requirement that, in the event a bag leak detection system alarm is
triggered, you must initiate corrective action to determine the cause of
the alarm within 1 hour of the alarm, initiate corrective action to
correct the cause of the problem within 24 hours of the alarm, and
complete the corrective action as soon as practicable. Corrective
actions taken may include, but are not limited to:
(i) Inspecting the baghouse for air leaks, torn or broken bags or
filter media, or any other condition that may cause an increase in
emissions.
(ii) Sealing off defective bags or filter media.
(iii) Replacing defective bags or filter media or otherwise
repairing the control device.
(iv) Sealing off a defective baghouse compartment.
(v) Cleaning the bag leak detection system probe or otherwise
repairing the bag leak detection system.
(vi) Making process changes.
(vii) Shutting down the process producing the PM emissions.
(6) Procedures for providing an ignition source to mold vents of
sand mold systems in each pouring area and pouring station unless you
determine the mold vent gases either are not ignitable, ignite
automatically, or cannot be ignited due to accessibility or safety
issues. You must document and maintain records of this determination.
The determination of ignitability, accessibility, and safety may
encompass multiple casting patterns provided the castings utilize
similar sand-to-metal ratios, binder formulations, and coating
materials. The determination of ignitability must be based on
observations of the mold vents within 5 minutes of pouring, and the
flame must be present for at least 15 seconds for the mold vent to be
considered ignited. For the purpose of this determination:
(i) Mold vents that ignite more than 75 percent of the time without
the presence of an auxiliary ignition source are considered to ignite
automatically; and
(ii) Mold vents that do not ignite automatically and cannot be
ignited in

[[Page 228]]

the presence of an auxiliary ignition source more than 25 percent of the
time are considered to be not ignitable.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7218, Feb. 7, 2008]

General Compliance Requirements

Sec.63.7720 What are my general requirements for complying with this
subpart?

(a) You must be in compliance with the emissions limitations, work
practice standards, and operation and maintenance requirements in this
subpart at all times, except during periods of startup, shutdown, or
malfunction.
(b) During the period between the compliance date specified for your
iron and steel foundry in Sec.63.7683 and the date when applicable
operating limits have been established during the initial performance
test, you must maintain a log detailing the operation and maintenance of
the process and emissions control equipment.
(c) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec.63.6(e)(3). The startup,
shutdown, and malfunction plan also must specify what constitutes a
shutdown of a cupola and how to determine that operating conditions are
normal following startup of a cupola.

[69 FR 21923, Apr. 22, 2004, as amended at 71 FR 20468, Apr. 20, 2006]

Initial Compliance Requirements

Sec.63.7730 By what date must I conduct performance tests or other
initial compliance demonstrations?

(a) As required by Sec.63.7(a)(2), you must conduct a performance
test no later than 180 calendar days after the compliance date that is
specified in Sec.63.7683 for your iron and steel foundry to
demonstrate initial compliance with each emissions limitation in Sec.
63.7690 that applies to you.
(b) For each work practice standard in Sec.63.7700 and each
operation and maintenance requirement in Sec.63.7710 that applies to
you where initial compliance is not demonstrated using a performance
test, you must demonstrate initial compliance no later than 30 calendar
days after the compliance date that is specified for your iron and steel
foundry in Sec.63.7683.
(c) If you commenced construction or reconstruction between December
23, 2002 and April 22, 2004, you must demonstrate initial compliance
with either the proposed emissions limit or the promulgated emissions
limit no later than October 19, 2004 or no later than 180 calendar days
after startup of the source, whichever is later, according to Sec.
63.7(a)(2)(ix).
(d) If you commenced construction or reconstruction between December
23, 2002 and April 22, 2004, and you chose to comply with the proposed
emissions limit when demonstrating initial compliance, you must conduct
a second performance test to demonstrate compliance with the promulgated
emissions limit by October 19, 2007 or after startup of the source,
whichever is later, according to Sec.63.7(a)(2)(ix).

Sec.63.7731 When must I conduct subsequent performance tests?

(a) You must conduct subsequent performance tests to demonstrate
compliance with all applicable PM or total metal HAP, VOHAP, and TEA
emissions limitations in Sec.63.7690 for your iron and steel foundry
no less frequently than every 5 years and each time you elect to change
an operating limit or to comply with a different alternative emissions
limit, if applicable. The requirement to conduct performance tests every
5 years does not apply to an emissions source for which a continuous
emissions monitoring system (CEMS) is used to demonstrate continuous
compliance.
(b) You must conduct subsequent performance tests to demonstrate
compliance with the opacity limit in Sec.63.7690(a)(7) for your iron
and steel foundry no less frequently than once every 6 months.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7219, Feb. 7, 2008]

Sec.63.7732 What test methods and other procedures must I use to
demonstrate initial compliance with the emissions limitations?

(a) You must conduct each performance test that applies to your iron
and steel foundry based on your selected compliance alternative, if
applicable,

[[Page 229]]

according to the requirements in Sec.63.7(e)(1) and the conditions
specified in paragraphs (b) through (i) of this section.
(b) To determine compliance with the applicable emissions limit for
PM in Sec.63.7690(a)(1) through (6) for a metal melting furnace, scrap
preheater, pouring station, or pouring area, follow the test methods and
procedures in paragraphs (b)(1) through (6) of this section.
(1) Determine the concentration of PM according to the test methods
in 40 CFR part 60, appendix A that are specified in paragraphs (b)(1)(i)
through (v) of this section.
(i) Method 1 or 1A to select sampling port locations and the number
of traverse points in each stack or duct. Sampling sites must be located
at the outlet of the control device (or at the outlet of the emissions
source if no control device is present) prior to any releases to the
atmosphere.
(ii) Method 2, 2A, 2C, 2D, 2F, or 2G to determine the volumetric
flow rate of the stack gas.
(iii) Method 3, 3A, or 3B to determine the dry molecular weight of
the stack gas.
(iv) Method 4 to determine the moisture content of the stack gas.
(v) Method 5, 5B, 5D, 5F, or 5I, as applicable, to determine the PM
concentration. The PM concentration is determined using only the front-
half (probe rinse and filter) of the PM catch.
(2) Collect a minimum sample volume of 60 dscf of gas during each PM
sampling run. A minimum of three valid test runs are needed to comprise
a performance test.
(3) For cupola metal melting furnaces, sample only during times when
the cupola is on blast.
(4) For electric arc and electric induction metal melting furnaces,
sample only during normal production conditions, which may include, but
are not limited to the following cycles: Charging, melting, alloying,
refining, slagging, and tapping.
(5) For scrap preheaters, sample only during normal production
conditions, which may include, but are not limited to the following
cycles: Charging, heating, and discharging.
(6) Determine the total mass of metal charged to the furnace or
scrap preheater. For a cupola metal melting furnace at an existing iron
and steel foundry that is subject to the PM emissions limit in Sec.
63.7690(a)(ii), calculate the PM emissions rate in pounds of PM per ton
(lb/ton) of metal charged using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR07FE08.000

Where:

EFPM = Mass emissions rate of PM, pounds of PM per ton (lb/
ton) of metal charged;
CPM = Concentration of PM measured during performance test
run, gr/dscf;
Q = Volumetric flow rate of exhaust gas, dry standard cubic feet per
minute (dscfm);
Mcharge = Mass of metal charged during performance test run,
tons;
ttest = Duration of performance test run, minutes; and
7,000 = Unit conversion factor, grains per pound (gr/lb).

(c) To determine compliance with the applicable emissions limit for
total metal HAP in Sec.63.7690(a)(1) through (6) for a metal melting
furnace, scrap preheater, pouring station, or pouring area, follow the
test methods and procedures in paragraphs (c)(1) through (6) of this
section.
(1) Determine the concentration of total metal HAP according to the
test methods in 40 CFR part 60, appendix A that are specified in
paragraphs (c)(1)(i) through (v) of this section.
(i) Method 1 or 1A to select sampling port locations and the number
of traverse points in each stack or duct. Sampling sites must be located
at the outlet of the control device (or at the outlet of the emissions
source if no control device is present) prior to any releases to the
atmosphere.

[[Page 230]]

(ii) Method 2, 2A, 2C, 2D, 2F, or 2G to determine the volumetric
flow rate of the stack gas.
(iii) Method 3, 3A, or 3B to determine the dry molecular weight of
the stack gas.
(iv) Method 4 to determine the moisture content of the stack gas.
(v) Method 29 to determine the total metal HAP concentration.
(2) A minimum of three valid test runs are needed to comprise a
performance test.
(3) For cupola metal melting furnaces, sample only during times when
the cupola is on blast.
(4) For electric arc and electric induction metal melting furnaces,
sample only during normal production conditions, which may include, but
are not limited to the following cycles: Charging, melting, alloying,
refining, slagging, and tapping.
(5) For scrap preheaters, sample only during normal production
conditions, which may include, but are not limited to the following
cycles: Charging, heating, and discharging.
(6) Determine the total mass of metal charged to the furnace or
scrap preheater during each performance test run and calculate the total
metal HAP emissions rate (pounds of total metal HAP per ton (lb/ton) of
metal charged) using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR07FE08.001

Where:

EFTMHAP = Emissions rate of total metal HAP, pounds of total
metal HAP per ton (lb/ton) of metal charged;
CTMHAP = Concentration of total metal HAP measured during
performance test run, gr/dscf;
Q = Volumetric flow rate of exhaust gas, dscfm;
Mcharge = Mass of metal charged during performance test run,
tons;
ttest = Duration of performance test run, minutes; and
7,000 = Unit conversion factor, gr/lb.

(d) To determine compliance with the opacity limit in Sec.
63.7690(a)(7) for fugitive emissions from buildings or structures
housing any iron and steel foundry emissions source at the iron and
steel foundry, follow the procedures in paragraphs (d)(1) and (2) of
this section.
(1) Using a certified observer, conduct each opacity test according
to the requirements in EPA Method 9 (40 CFR part 60, appendix A) and
Sec.63.6(h)(5). The certified observer may identify a limited number
of openings or vents that appear to have the highest opacities and
perform opacity observations on the identified openings or vents in lieu
of performing observations for each opening or vent from the building or
structure. Alternatively, a single opacity observation for the entire
building or structure may be performed, if the fugitive release points
afford such an observation.
(2) During testing intervals when PM performance tests, if
applicable, are being conducted, conduct the opacity test such the
opacity observations are recorded during the PM performance tests.
(e) To determine compliance with the applicable VOHAP emissions
limit in Sec.63.7690(a)(8) for a cupola metal melting furnace or in
Sec.63.7690(a)(9) for a scrap preheater, follow the test methods and
procedures in paragraphs (e)(1) through (4) of this section.
(1) Determine the VOHAP concentration for each test run according to
the test methods in 40 CFR part 60, appendix A that are specified in
paragraphs (b)(1)(i) through (v) of this section.
(i) Method 1 or 1A to select sampling port locations and the number
of traverse points in each stack or duct. Sampling sites must be located
at the outlet of the control device (or at the outlet of the emissions
source if no control device is present) prior to any releases to the
atmosphere.
(ii) Method 2, 2A, 2C, 2D, 2F, or 2G to determine the volumetric
flow rate of the stack gas.

[[Page 231]]

(iii) Method 3, 3A, or 3B to determine the dry molecular weight of
the stack gas.
(iv) Method 4 to determine the moisture content of the stack gas.
(v) Method 18 to determine the VOHAP concentration. Alternatively,
you may use Method 25 to determine the concentration of total gaseous
nonmethane organics (TGNMO) or Method 25A to determine the concentration
of total organic compounds (TOC), using hexane as the calibration gas.
(2) Determine the average VOHAP, TGNMO, or TOC concentration using a
minimum of three valid test runs. Each test run must include a minimum
of 60 continuous operating minutes.
(3) For a cupola metal melting furnace, correct the measured
concentration of VOHAP, TGNMO, or TOC for oxygen content in the gas
stream using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR07FE08.002

Where:

CVOHAP = Concentration of VOHAP in ppmv as measured by Method
18 in 40 CFR part 60, appendix A or the concentration of TGNMO
or TOC in ppmv as hexane as measured by Method 25 or 25A in 40
CFR part 60, appendix A; and
%O2 = Oxygen concentration in gas stream, percent by volume
(dry basis).

(4) For a cupola metal melting furnace, measure the combustion zone
temperature of the combustion device with the CPMS required in Sec.
63.7740(d) during each sampling run in 15-minute intervals. Determine
and record the 15-minute average of the three runs.
(f) Follow the applicable procedures in paragraphs (f)(1) through
(3) of this section to determine compliance with the VOHAP emissions
limit in Sec.63.7690(a)(10) for automated pallet cooling lines or
automated shakeout lines.
(1) Follow these procedures to demonstrate compliance by direct
measurement of total hydrocarbons (a surrogate for VOHAP) using a
volatile organic compound (VOC) CEMS.
(i) Using the VOC CEMS required in Sec.63.7740(g), measure and
record the concentration of total hydrocarbons (as hexane) for 180
continuous operating minutes. You must measure emissions at the outlet
of the control device (or at the outlet of the emissions source if no
control device is present) prior to any releases to the atmosphere.
(ii) Reduce the monitoring data to hourly averages as specified in
Sec.63.8(g)(2).
(iii) Compute and record the 3-hour average of the monitoring data.
(2) As an alternative to the procedures in paragraph (f)(1) of this
section, you may demonstrate compliance with the VOHAP emissions limit
in Sec.63.7690(a)(10) by establishing a site-specific TOC emissions
limit that is correlated to the VOHAP emissions limit according to the
procedures in paragraph (f)(2)(i) through (ix) of this section.
(i) Determine the VOHAP concentration for each test run according to
the test methods in 40 CFR part 60, appendix A that are specified in
paragraph (f)(2)(ii) through (vi) of this section.
(ii) Method 1 or 1A to select sampling port locations and the number
of traverse points in each stack or duct. Sampling sites must be located
at the outlet of the control device (or at the outlet of the emissions
source if no control device is present) prior to any releases to the
atmosphere.
(iii) Method 2, 2A, 2C, 2D, 2F, or 2G to determine the volumetric
flow rate of the stack gas.
(iv) Method 3, 3A, or 3B to determine the dry molecular weight of
the stack gas.
(v) Method 4 to determine the moisture content of the stack gas.
(vi) Method 18 to determine the VOHAP concentration. Alternatively,
you may use Method 25 to determine

[[Page 232]]

the concentration of TGNMO using hexane as the calibration gas.
(vii) Using the CEMS required in Sec.63.7740(g), measure and
record the concentration of total hydrocarbons (as hexane) during each
of the Method 18 (or Method 25) sampling runs. You must measure
emissions at the outlet of the control device (or at the outlet of the
emissions source if no control device is present) prior to any releases
to the atmosphere.
(viii) Calculate the average VOHAP (or TGNMO) concentration for the
source test as the arithmetic average of the concentrations measured for
the individual test runs, and determine the average concentration of
total hydrocarbon (as hexane) as measured by the CEMS during all test
runs.
(ix) Calculate the site-specific VOC emissions limit using Equation
4 of this section:
[GRAPHIC] [TIFF OMITTED] TR07FE08.003

Where:

CVOHAP,avg = Average concentration of VOHAP for the source
test in ppmv as measured by Method 18 in 40 CFR part 60,
appendix A or the average concentration of TGNMO for the
source test in ppmv as hexane as measured by Method 25 in 40
CFR part 60, appendix A; and
CCEM = Average concentration of total hydrocarbons in ppmv as
hexane as measured using the CEMS during the source test.

(3) For two or more exhaust streams from one or more automated
conveyor and pallet cooling lines or automated shakeout lines, compute
the flow-weighted average concentration of VOHAP emissions for each
combination of exhaust streams using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR07FE08.004

Where:

Cw = Flow-weighted concentration of VOHAP or VOC, ppmv (as
hexane);
Ci = Concentration of VOHAP or VOC from exhaust stream ``i'',
ppmv (as hexane);
n = Number of exhaust streams sampled; and
Qi = Volumetric flow rate of effluent gas from exhaust stream
``i,'', dscfm.

(g) To determine compliance with the emissions limit or standard in
Sec.63.7690(a)(11) for a TEA cold box mold or core making line, follow
the test methods in 40 CFR part 60, appendix A, specified in paragraphs
(g)(1) through (4) of this section.
(1) Determine the TEA concentration for each test run according to
the test methods in 40 CFR part 60, appendix A that are specified in
paragraphs (g)(1)(i) through (v) of this section.
(i) Method 1 or 1A to select sampling port locations and the number
of traverse points in each stack or duct. If you elect to meet the 99
percent reduction standard, sampling sites must be located both at the
inlet to the control device and at the outlet of the control device
prior to any releases to the atmosphere. If you elect to meet the
concentration limit, the sampling site must be located at the outlet of
the control device (or at the outlet of the emissions source if no
control device is present) prior to any releases to the atmosphere.
(ii) Method 2, 2A, 2C, 2D, 2F, or 2G to determine the volumetric
flow rate of the stack gas.
(iii) Method 3, 3A, or 3B to determine the dry molecular weight of
the stack gas.
(iv) Method 4 to determine the moisture content of the stack gas.
(v) Method 18 to determine the TEA concentration. Alternatively, you
may use NIOSH Method 2010 (incorporated by reference--see Sec.63.14)
to determine the TEA concentration provided the performance requirements
outlined in section 13.1 of EPA Method 18 are satisfied. The sampling
option and time must be sufficiently long such that either the TEA
concentration in the field sample is at least 5 times the limit of
detection for the analytical method or the test results calculated using
the laboratory's reported analytical detection limit for the specific
field samples are less than \1/5\ of the applicable emissions limit.
When using Method 18, the adsorbent tube approach, as described in
section 8.2.4 of Method 18, may be required to achieve the necessary
analytical detection limits. The sampling

[[Page 233]]

time must be at least 1 hour in all cases.
(2) If you use a wet acid scrubber, conduct the test as soon as
practicable after adding fresh acid solution and the system has reached
normal operating conditions.
(3) If you use a wet acid scrubber that is subject to the operating
limit in Sec.63.7690(b)(5)(ii) for pH level, determine the pH of the
scrubber blowdown using the procedures in paragraph (g)(3)(i) or (ii) of
this section.
(i) Measure the pH of the scrubber blowdown with the CPMS required
in Sec.63.7740(f)(2) during each TEA sampling run in intervals of no
more than 15 minutes. Determine and record the 3-hour average; or
(ii) Measure and record the pH level using the probe and meter
required in Sec.63.7740(f)(2) once each sampling run. Determine and
record the average pH level for the three runs.
(4) If you are subject to the 99 percent reduction standard,
calculate the mass emissions reduction using Equation 6 of this section:

[GRAPHIC] [TIFF OMITTED] TR07FE08.005

Where:

Ei = Mass emissions rate of TEA at control device inlet,
kilograms per hour (kg/hr); and
Eo = Mass emissions rate of TEA at control device outlet, kg/
hr.

(h) To determine compliance with the PM or total metal HAP emissions
limits in Sec.63.7690(a)(1) through (6) when one or more regulated
emissions sources are combined with either another regulated emissions
source subject to a different emissions limit or other non-regulated
emissions sources, you may demonstrate compliance using one of the
procedures in paragraphs (h)(1) through (3) of this section.
(1) Meet the most stringent applicable emissions limit for the
regulated emissions sources included in the combined emissions stream
for the combined emissions stream.
(2) Use the procedures in paragraphs (h)(2)(i) through (iii) of this
section.
(i) Determine the volumetric flow rate of the individual regulated
streams for which emissions limits apply.
(ii) Calculate the flow-weighted average emissions limit,
considering only the regulated streams, using Equation 5 of this
section, except Cw is the flow-weighted average emissions
limit for PM or total metal HAP in the exhaust stream, gr/dscf; and
Ci is the concentration of PM or total metal HAP in exhaust
stream ``i'', gr/dscf.
(iii) Meet the calculated flow-weighted average emissions limit for
the regulated emissions sources included in the combined emissions
stream for the combined emissions stream.
(3) Use the procedures in paragraphs (h)(3)(i) through (iii) of this
section.
(i) Determine the PM or total metal HAP concentration of each of the
regulated streams prior to the combination with other exhaust streams or
control device.
(ii) Measure the flow rate and PM or total metal HAP concentration
of the combined exhaust stream both before and after the control device
and calculate the mass removal efficiency of the control device using
Equation 6 of this section, except Ei is the mass emissions
rate of PM or total metal HAP at the control device inlet, lb/hr and
Eo is the mass emissions rate of PM or total metal HAP at the
control device outlet, lb/hr.
(iii) Meet the applicable emissions limit based on the calculated PM
or total metal HAP concentration for the regulated emissions sources
using Equation 7 of this section:

[GRAPHIC] [TIFF OMITTED] TR07FE08.006

[[Page 234]]

Where:

Creleased = Calculated concentration of PM (or total metal
HAP) predicted to be released to the atmosphere from the
regulated emissions source, gr/dscf; and
Ci = Concentration of PM (or total metal HAP) in the
uncontrolled regulated exhaust stream, gr/dscf.

(i) To determine compliance with an emissions limit for situations
when multiple sources are controlled by a single control device, but
only one source operates at a time, or other situations that are not
expressly considered in paragraphs (b) through (h) of this section, a
site-specific test plan should be submitted to the Administrator for
approval according to the requirements in Sec.63.7(c)(2) and (3).

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7219, Feb. 7, 2008]

Sec.63.7733 What procedures must I use to establish operating limits?

(a) For each capture system subject to operating limits in Sec.
63.7690(b)(1)(ii), you must establish site-specific operating limits in
your operation and maintenance plan according to the procedures in
paragraphs (a)(1) through (3) of this section.
(1) Concurrent with applicable emissions and opacity tests, measure
and record values for each of the operating limit parameters in your
capture system operation and maintenance plan according to the
monitoring requirements in Sec.63.7740(a).
(2) For any dampers that are manually set and remain at the same
position at all times the capture system is operating, the damper
position must be visually checked and recorded at the beginning and end
of each run.
(3) Review and record the monitoring data. Identify and explain any
times the capture system operated outside the applicable operating
limits.
(b) For each wet scrubber subject to the operating limits in Sec.
63.7690(b)(2) for pressure drop and scrubber water flow rate, you must
establish site-specific operating limits according to the procedures
specified in paragraphs (b)(1) and (2) of this section.
(1) Using the CPMS required in Sec.63.7740(c), measure and record
the pressure drop and scrubber water flow rate in intervals of no more
than 15 minutes during each PM test run.
(2) Compute and record the average pressure drop and average
scrubber water flow rate for each valid sampling run in which the
applicable emissions limit is met.
(c) For each combustion device applied to emissions from a scrap
preheater or TEA cold box mold or core making line subject to the
operating limit in Sec.63.7690(b)(4) for combustion zone temperature,
you must establish a site-specific operating limit according to the
procedures specified in paragraphs (c)(1) and (2) of this section.
(1) Using the CPMS required in Sec.63.7740(e), measure and record
the combustion zone temperature during each sampling run in intervals of
no more than 15 minutes.
(2) Compute and record the average combustion zone temperature for
each valid sampling run in which the applicable emissions limit is met.
(d) For each acid wet scrubber subject to the operating limit in
Sec.63.7690(b)(5), you must establish a site-specific operating limit
for scrubbing liquid flow rate according to the procedures specified in
paragraphs (d)(1) and (2) of this section.
(1) Using the CPMS required in Sec.63.7740(f), measure and record
the scrubbing liquid flow rate during each TEA sampling run in intervals
of no more than 15 minutes.
(2) Compute and record the average scrubbing liquid flow rate for
each valid sampling run in which the applicable emissions limit is met.
(e) You may change the operating limits for a capture system, wet
scrubber, acid wet scrubber, or combustion device if you meet the
requirements in paragraphs (e)(1) through (3) of this section.
(1) Submit a written notification to the Administrator of your
request to conduct a new performance test to revise the operating limit.
(2) Conduct a performance test to demonstrate compliance with the
applicable emissions limitation in Sec.63.7690.
(3) Establish revised operating limits according to the applicable
procedures in paragraphs (a) through (d) of this section.

[[Page 235]]

(f) You may use a previous performance test (conducted since
December 22, 2002) to establish an operating limit provided the test
meets the requirements of this subpart.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7221, Feb. 7, 2008]

Sec.63.7734 How do I demonstrate initial compliance with the
emissions limitations that apply to me?

(a) You have demonstrated initial compliance with the emissions
limits in Sec.63.7690(a) by meeting the applicable conditions in
paragraphs (a)(1) through (11) of this section. When alternative
emissions limitations are provided for a given emissions source, you are
not restricted in the selection of which applicable alternative
emissions limitation is used to demonstrate compliance.
(1) For each electric arc metal melting furnace, electric induction
metal melting furnace, or scrap preheater at an existing iron and steel
foundry,
(i) The average PM concentration in the exhaust stream, determined
according to the performance test procedures in Sec.63.7732(b), did
not exceed 0.005 gr/dscf; or
(ii) The average total metal HAP concentration in the exhaust
stream, determined according to the performance test procedures in Sec.
63.7732(c), did not exceed 0.0004 gr/dscf.
(2) For each cupola metal melting furnace at an existing iron and
steel foundry,
(i) The average PM concentration in the exhaust stream, determined
according to the performance test procedures in Sec.63.7732(b), did
not exceed 0.006 gr/dscf; or
(ii) The average total metal HAP concentration in the exhaust
stream, determined according to the performance test procedures in Sec.
63.7732(c), did not exceed 0.0005 gr/dscf; or
(iii) The average PM mass emissions rate, determined according to
the performance test procedures in Sec.63.7732(b), did not exceed 0.10
pound of PM per ton (lb/ton) of metal charged; or
(iv) The average total metal HAP mass emissions rate, determined
according to the performance test procedures in Sec.63.7732(c), did
not exceed 0.008 pound of total metal HAP per ton (lb/ton) of metal
charged.
(3) For each cupola metal melting furnace or electric arc metal
melting furnace at a new iron and steel foundry,
(i) The average PM concentration in the exhaust stream, determined
according to the performance test procedures in Sec.63.7732(b), did
not exceed 0.002 gr/dscf; or
(ii) The average total metal HAP concentration in the exhaust
stream, determined according to the performance test procedures in Sec.
63.7732(c), did not exceed 0.0002 gr/dscf.
(4) For each electric induction metal melting furnace or scrap
preheater at a new iron and steel foundry,
(i) The average PM concentration in the exhaust stream, determined
according to the performance test procedures in Sec.63.7732(b), did
not exceed 0.001 gr/dscf; or
(ii) The average total metal HAP concentration in the exhaust
stream, determined according to the performance test procedures in Sec.
63.7732(c), did not exceed 0.00008 gr/dscf.
(5) For each pouring station at an existing iron and steel foundry,
(i) The average PM concentration in the exhaust stream, measured
according to the performance test procedures in Sec.63.7732(b), did
not exceed 0.010 gr/dscf; or
(ii) The average total metal HAP concentration in the exhaust
stream, determined according to the performance test procedures in Sec.
63.7732(c), did not exceed 0.0008 gr/dscf.
(6) For each pouring area or pouring station at a new iron and steel
foundry,
(i) The average PM concentration in the exhaust stream, measured
according to the performance test procedures in Sec.63.7732(b), did
not exceed 0.002 gr/dscf; or
(ii) The average total metal HAP concentration in the exhaust
stream, determined according to the performance test procedures in Sec.
63.7732(c), did not exceed 0.0002 gr/dscf.
(7) For each building or structure housing any iron and steel
foundry emissions source at the iron and steel foundry, the opacity of
fugitive emissions from foundry operations discharged to the atmosphere,
determined

[[Page 236]]

according to the performance test procedures in Sec.63.7732(d), did
not exceed 20 percent (6-minute average), except for one 6-minute
average per hour that did not exceed 27 percent opacity.
(8) For each cupola metal melting furnace at a new or existing iron
and steel foundry, the average VOHAP concentration, determined according
to the performance test procedures in Sec.63.7732(e), did not exceed
20 ppmv corrected to 10 percent oxygen.
(9) For each scrap preheater at an existing iron and steel foundry
that does not meet the work practice standards in Sec.63.7700(e)(1) or
(2) and for each scrap preheater at a new iron and steel foundry that
does not meet the work practice standard in Sec.63.7700(f), the
average VOHAP concentration determined according to the performance test
procedures in Sec.63.7732(e), did not exceed 20 ppmv.
(10) For one or more automated conveyor and pallet cooling lines
that use a sand mold system or automated shakeout lines that use a sand
mold system at a new foundry,
(i) You have reduced the data from the CEMS to 3-hour averages
according to the performance test procedures in Sec.63.7732(f)(1) or
(2); and
(ii) The 3-hour flow-weighted average VOHAP concentration, measured
according to the performance test procedures in Sec.63.7332(f)(1) or
(2), did not exceed 20 ppmv.
(11) For each TEA cold box mold or core making line in a new or
existing iron and steel foundry, the average TEA concentration,
determined according to the performance test procedures in Sec.
63.7732(g), did not exceed 1 ppmv or was reduced by 99 percent.
(b) You have demonstrated initial compliance with the operating
limits in Sec.63.7690(b) if:
(1) For each capture system subject to the operating limit in Sec.
63.7690(b)(1)(ii),
(i) You have established appropriate site-specific operating limits
in your operation and maintenance plan according to the requirements in
Sec.63.7710(b); and
(ii) You have a record of the operating parameter data measured
during the performance test in accordance with Sec.63.7733(a); and
(2) For each wet scrubber subject to the operating limits in Sec.
63.7690(b)(2) for pressure drop and scrubber water flow rate, you have
established appropriate site-specific operating limits and have a record
of the pressure drop and scrubber water flow rate measured during the
performance test in accordance with Sec.63.7733(b).
(3) For each combustion device subject to the operating limit in
Sec.63.7690(b)(3) for combustion zone temperature, you have a record
of the combustion zone temperature measured during the performance test
in accordance with Sec.63.7732(e)(4).
(4) For each combustion device subject to the operating limit in
Sec.63.7690(b)(4) for combustion zone temperature, you have
established appropriate site-specific operating limits and have a record
of the combustion zone temperature measured during the performance test
in accordance with Sec.63.7733(c).
(5) For each acid wet scrubber subject to the operating limits in
Sec.63.7690(b)(5) for scrubbing liquid flow rate and scrubber blowdown
pH,
(i) You have established appropriate site-specific operating limits
for the scrubbing liquid flow rate and have a record of the scrubbing
liquid flow rate measured during the performance test in accordance with
Sec.63.7733(d); and
(ii) You have a record of the pH of the scrubbing liquid blowdown
measured during the performance test in accordance with Sec.
63.7732(g)(3).

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7221, Feb. 7, 2008]

Sec.63.7735 How do I demonstrate initial compliance with the work
practice standards that apply to me?

(a) For each iron and steel foundry subject to the certification
requirement in Sec.63.7700(b), you have demonstrated initial
compliance if you have certified in your notification of compliance
status that: ``At all times, your foundry will purchase and use only
metal ingots, pig iron, slitter, or other materials that do not include
post-consumer automotive body scrap, post-consumer engine blocks, post-
consumer oil filters, oily turnings, lead components, mercury switches,
plastics, or free organic liquids.''

[[Page 237]]

(b) For each iron and steel foundry subject to the requirements in
Sec.63.7700(c) for a scrap inspection and selection plan, you have
demonstrated initial compliance if you have certified in your
notification of compliance status that:
(1) You have submitted a written plan to the Administrator for
approval according to the requirements in Sec.63.7700(c); and
(2) You will operate at all times according to the plan
requirements.
(c) For each furan warm box mold or core making line in a new or
existing foundry subject to the work practice standard in Sec.
63.7700(d), you have demonstrated initial compliance if you have
certified in your notification of compliance status that:
(1) You will meet the no methanol requirement for the catalyst
portion of each binder chemical formulation; and
(2) You have records documenting your certification of compliance,
such as a material safety data sheet (provided that it contains
appropriate information), a certified product data sheet, or a
manufacturer's hazardous air pollutant data sheet, onsite and available
for inspection.
(d) For each scrap preheater at an existing iron and steel foundry
subject to the work practice standard in Sec.63.7700(e)(1) or (2), you
have demonstrated initial compliance if you have certified in your
notification of compliance status that:
(1) You have installed a gas-fired preheater where the flame
directly contacts the scrap charged, you will operate and maintain each
gas-fired scrap preheater such that the flame directly contacts the
scrap charged, and you have records documenting your certification of
compliance that are onsite and available for inspection; or
(2) You will charge only material that is subject to and in
compliance with the scrap certification requirements in Sec.63.7700(b)
and you have records documenting your certification of compliance that
are onsite and available for inspection.
(e) For each scrap preheater at a new iron and steel foundry subject
to the work practice standard in Sec.63.7700(f), you have demonstrated
initial compliance if you have certified in your notification of
compliance status that you will charge only material that is subject to
and in compliance with the scrap certification requirements in Sec.
63.7700(b) and you have records documenting your certification of
compliance that are onsite and available for inspection.

[69 FR 21923, Apr. 22, 2004, as amended at 70 FR 29404, May 20, 2005]

Sec.63.7736 How do I demonstrate initial compliance with the
operation and maintenance requirements that apply to me?

(a) For each capture system subject to an operating limit in Sec.
63.7690(b), you have demonstrated initial compliance if you have met the
conditions in paragraphs (a)(1) and (2) of this section.
(1) You have certified in your notification of compliance status
that:
(i) You have submitted the capture system operation and maintenance
plan to the Administrator for approval according to the requirements of
Sec.63.7710(b); and
(ii) You will inspect, operate, and maintain each capture system
according to the procedures in the plan.
(2) You have certified in your performance test report that the
system operated during the test at the operating limits established in
your operation and maintenance plan.
(b) For each control device subject to an operating limit in Sec.
63.7690(b), you have demonstrated initial compliance if you have
certified in your notification of compliance status that:
(1) You have submitted the control device operation and maintenance
plan to the Administrator for approval according to the requirements of
Sec.63.7710(b); and
(2) You will inspect, operate, and maintain each control device
according to the procedures in the plan.
(c) For each bag leak detection system, you have demonstrated
initial compliance if you have certified in your notification of
compliance status that:
(1) You have submitted the bag leak detection system monitoring
information to the Administrator within the written O&M plan for
approval according to the requirements of Sec.63.7710(b);

[[Page 238]]

(2) You will inspect, operate, and maintain each bag leak detection
system according to the procedures in the plan; and
(3) You will follow the corrective action procedures for bag leak
detection system alarms according to the requirements in the plan.
(d) For each pouring area and pouring station in a new or existing
foundry, you have demonstrated initial compliance if you have certified
in your notification of compliance status report that:
(1) You have submitted the mold vent ignition plan to the
Administrator for approval according to the requirements in Sec.
63.7710(b); and
(2) You will follow the procedures for igniting mold vent gases
according to the requirements in the plan.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7221, Feb. 7, 2008]

Continuous Compliance Requirements

Sec.63.7740 What are my monitoring requirements?

(a) For each capture system subject to an operating limit in Sec.
63.7690(b)(1), you must install, operate, and maintain a CPMS according
to the requirements in Sec.63.7741(a) and the requirements in
paragraphs (a)(1) and (2) of this section.
(1) If you use a flow measurement device to monitor the operating
limit parameter, you must at all times monitor the hourly average rate
(e.g., the hourly average actual volumetric flow rate through each
separately ducted hood or the average hourly total volumetric flow rate
at the inlet to the control device).
(2) Dampers that are manually set and remain in the same position
are exempt from the requirement to install and operate a CPMS. If
dampers are not manually set and remain in the same position, you must
make a visual check at least once every 24 hours to verify that each
damper for the capture system is in the same position as during the
initial performance test.
(b) For each negative pressure baghouse or positive pressure
baghouse equipped with a stack that is applied to meet any PM or total
metal HAP emissions limitation in this subpart, you must at all times
monitor the relative change in PM loadings using a bag leak detection
system according to the requirements in Sec.63.7741(b).
(c) For each baghouse, regardless of type, that is applied to meet
any PM or total metal HAP emissions limitation in this subpart, you must
conduct inspections at their specified frequencies according to the
requirements specified in paragraphs (c)(1) through (8) of this section.
(1) Monitor the pressure drop across each baghouse cell each day to
ensure pressure drop is within the normal operating range identified in
the manual.
(2) Confirm that dust is being removed from hoppers through weekly
visual inspections or other means of ensuring the proper functioning of
removal mechanisms.
(3) Check the compressed air supply for pulse-jet baghouses each
day.
(4) Monitor cleaning cycles to ensure proper operation using an
appropriate methodology.
(5) Check bag cleaning mechanisms for proper functioning through
monthly visual inspections or equivalent means.
(6) Make monthly visual checks of bag tension on reverse air and
shaker-type baghouses to ensure that bags are not kinked (kneed or bent)
or lying on their sides. You do not have to make this check for shaker-
type baghouses using self-tensioning (spring-loaded) devices.
(7) Confirm the physical integrity of the baghouse through quarterly
visual inspections of the baghouse interior for air leaks.
(8) Inspect fans for wear, material buildup, and corrosion through
quarterly visual inspections, vibration detectors, or equivalent means.
(d) For each wet scrubber subject to the operating limits in Sec.
63.7690(b)(2), you must at all times monitor the 3-hour average pressure
drop and scrubber water flow rate using CPMS according to the
requirements in Sec.63.7741(c).
(e) For each combustion device subject to the operating limit in
Sec.63.7690(b)(3), you must at all times monitor the 15-minute average
combustion zone temperature using a CPMS

[[Page 239]]

according to the requirements of Sec.63.7741(d).
(f) For each combustion device subject to the operating limit in
Sec.63.7690(b)(4), you must at all times monitor the 3-hour average
combustion zone temperature using CPMS according to the requirements in
Sec.63.7741(d).
(g) For each wet acid scrubber subject to the operating limits in
Sec.63.7690(b)(5),
(1) You must at all times monitor the 3-hour average scrubbing
liquid flow rate using CPMS according to the requirements of Sec.
63.7741(e)(1); and
(2) You must at all times monitor the 3-hour average pH of the
scrubber blowdown using CPMS according to the requirements in Sec.
63.7741(e)(2) or measure and record the pH of the scrubber blowdown once
per production cycle using a pH probe and meter according to the
requirements in Sec.63.7741(e)(3).
(h) For one or more automated conveyor and pallet cooling lines and
automated shakeout lines at a new iron and steel foundry subject to the
VOHAP emissions limit in Sec.63.7690(a)(10), you must at all times
monitor the 3-hour average VOHAP concentration using a CEMS according to
the requirements of Sec.63.7741(g).

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7221, Feb. 7, 2008]

Sec.63.7741 What are the installation, operation, and maintenance
requirements for my monitors?

(a) For each capture system subject to an operating limit in Sec.
63.7690(b)(1), you must install, operate, and maintain each CPMS
according to the requirements in paragraphs (a)(1) through (3) of this
section.
(1) If you use a flow measurement device to monitor an operating
limit parameter for a capture system, you must meet the requirements in
paragraphs (a)(1)(i) through (iv) of this section.
(i) Locate the flow sensor and other necessary equipment such as
straightening vanes in a position that provides a representative flow
and that reduces swirling flow or abnormal velocity distributions due to
upstream and downstream disturbances.
(ii) Use a flow sensor with a minimum measurement sensitivity of 2
percent of the flow rate.
(iii) Conduct a flow sensor calibration check at least semiannually.
(iv) At least monthly, visually inspect all components, including
all electrical and mechanical connections, for proper functioning.
(2) If you use a pressure measurement device to monitor the
operating limit parameter for a capture system, you must meet the
requirements in paragraphs (a)(2)(i) through (vi) of this section.
(i) Locate the pressure sensor(s) in or as close as possible to a
position that provides a representative measurement of the pressure and
that minimizes or eliminates pulsating pressure, vibration, and internal
and external corrosion.
(ii) Use a gauge with a minimum measurement sensitivity of 0.5 inch
of water or a transducer with a minimum measurement sensitivity of 1
percent of the pressure range.
(iii) Check the pressure tap for pluggage daily. If a ``non-
clogging'' pressure tap is used, check for pluggage monthly.
(iv) Using a manometer or equivalent device such as a magnahelic or
other pressure indicating transmitter, check gauge and transducer
calibration quarterly.
(v) Conduct calibration checks any time the sensor exceeds the
manufacturer's specified maximum operating pressure range, or install a
new pressure sensor.
(vi) At least monthly, visually inspect all components, including
all electrical and mechanical connections, for proper functioning.
(3) Record the results of each inspection, calibration, and
validation check.
(b) For each negative pressure baghouse or positive pressure
baghouse equipped with a stack that is applied to meet any PM or total
metal HAP emissions limitation in this subpart, you must install,
operate, and maintain a bag leak detection system according to the
requirements in paragraphs (b)(1) through (7) of this section.
(1) The system must be certified by the manufacturer to be capable
of detecting emissions of particulate matter

[[Page 240]]

at concentrations of 10 milligrams per actual cubic meter (0.0044 grains
per actual cubic foot) or less.
(2) The bag leak detection system sensor must provide output of
relative particulate matter loadings and the owner or operator shall
continuously record the output from the bag leak detection system using
electronic or other means (e.g., using a strip chart recorder or a data
logger).
(3) The system must be equipped with an alarm that will sound when
an increase in relative particulate loadings is detected over the alarm
set point established in the operation and maintenance plan, and the
alarm must be located such that it can be heard by the appropriate plant
personnel.
(4) The initial adjustment of the system must, at minimum, consist
of establishing the baseline output by adjusting the sensitivity (range)
and the averaging period of the device, and establishing the alarm set
points and the alarm delay time (if applicable).
(5) Following the initial adjustment, do not adjust the sensitivity
or range, averaging period, alarm set point, or alarm delay time without
approval from the Administrator. Except, once per quarter, you may
adjust the sensitivity of the bag leak detection system to account for
seasonable effects including temperature and humidity according to the
procedures in the operation and maintenance plan required by Sec.
63.7710(b).
(6) For negative pressure, induced air baghouses, and positive
pressure baghouses that are discharged to the atmosphere through a
stack, the bag leak detector sensor must be installed downstream of the
baghouse and upstream of any wet scrubber.
(7) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
(c) For each wet scrubber subject to the operating limits in Sec.
63.7690(b)(2), you must install and maintain CPMS to measure and record
the pressure drop and scrubber water flow rate according to the
requirements in paragraphs (c)(1) and (2) of this section.
(1) For each CPMS for pressure drop you must:
(i) Locate the pressure sensor in or as close as possible to a
position that provides a representative measurement of the pressure drop
and that minimizes or eliminates pulsating pressure, vibration, and
internal and external corrosion.
(ii) Use a gauge with a minimum measurement sensitivity of 0.5 inch
of water or a transducer with a minimum measurement sensitivity of 1
percent of the pressure range.
(iii) Check the pressure tap for pluggage daily. If a ``non-
clogging'' pressure tap is used, check for pluggage monthly.
(iv) Using a manometer or equivalent device such as a magnahelic or
other pressure indicating transmitter, check gauge and transducer
calibration quarterly.
(v) Conduct calibration checks any time the sensor exceeds the
manufacturer's specified maximum operating pressure range, or install a
new pressure sensor.
(vi) At least monthly, visually inspect all components, including
all electrical and mechanical connections, for proper functioning.
(2) For each CPMS for scrubber liquid flow rate, you must:
(i) Locate the flow sensor and other necessary equipment in a
position that provides a representative flow and that reduces swirling
flow or abnormal velocity distributions due to upstream and downstream
disturbances.
(ii) Use a flow sensor with a minimum measurement sensitivity of 2
percent of the flow rate.
(iii) Conduct a flow sensor calibration check at least semiannually
according to the manufacturer's instructions.
(iv) At least monthly, visually inspect all components, including
all electrical and mechanical connections, for proper functioning.
(d) For each combustion device subject to the operating limit in
Sec.63.7690(b)(3) or (4), you must install and maintain a CPMS to
measure and record the combustion zone temperature according to the
requirements in paragraphs (d)(1) through (8) of this section.

[[Page 241]]

(1) Locate the temperature sensor in a position that provides a
representative temperature.
(2) For a noncryogenic temperature range, use a temperature sensor
with a minimum tolerance of 2.2 [deg]C or 0.75 percent of the
temperature value, whichever is larger.
(3) For a cryogenic temperature range, use a temperature sensor with
a minimum tolerance of 2.2 [deg]C or 2 percent of the temperature value,
whichever is larger.
(4) Shield the temperature sensor system from electromagnetic
interference and chemical contaminants.
(5) If you use a chart recorder, it must have a sensitivity in the
minor division of at least 20 [deg]F.
(6) Perform an electronic calibration at least semiannually
according to the procedures in the manufacturer's owners manual.
Following the electronic calibration, conduct a temperature sensor
validation check, in which a second or redundant temperature sensor
placed nearby the process temperature sensor must yield a reading within
16.7 [deg]C of the process temperature sensor's reading.
(7) Conduct calibration and validation checks any time the sensor
exceeds the manufacturer's specified maximum operating temperature
range, or install a new temperature sensor.
(8) At least monthly, visually inspect all components, including all
electrical and mechanical connections, for proper functioning.
(e) For each wet acid scrubber subject to the operating limits in
Sec.63.7690(b)(5), you must:
(1) Install and maintain CPMS to measure and record the scrubbing
liquid flow rate according to the requirements in paragraph (c)(2) of
this section; and
(2) Install and maintain CPMS to measure and record the pH of the
scrubber blowdown according to the requirements in paragraph (e)(2)(i)
through (iv) of this section.
(i) Locate the pH sensor in a position that provides a
representative measurement of the pH and that minimizes or eliminates
internal and external corrosion.
(ii) Use a gauge with a minimum measurement sensitivity of 0.1 pH or
a transducer with a minimum measurement sensitivity of 5 percent of the
pH range.
(iii) Check gauge calibration quarterly and transducer calibration
monthly using a manual pH gauge.
(iv) At least monthly, visually inspect all components, including
all electrical and mechanical connections, for proper functioning.
(3) As an alternative to the CPMS required in paragraph (e)(2) of
this section, you may use a pH probe to extract a sample for analysis by
a pH meter that meets the requirements in paragraphs (e)(3)(i) through
(iii) of this section.
(i) The pH meter must have a range of at least 1 to 5 or more;
(ii) The pH meter must have an accuracy of 0.1; and
(iii) The pH meter must have a resolution of at least 0.1 pH.
(f) You must operate each CPMS used to meet the requirements of this
subpart according to the requirements specified in paragraphs (f)(1)
through (3) of this section.
(1) Each CPMS must complete a minimum of one cycle of operation for
each successive 15-minute period. You must have a minimum of three of
the required four data points to constitute a valid hour of data.
(2) Each CPMS must have valid hourly data for 100 percent of every
averaging period.
(3) Each CPMS must determine and record the hourly average of all
recorded readings and the 3-hour average of all recorded readings.
(g) For each automated conveyor and pallet cooling line and
automated shakeout line at a new iron and steel foundry subject to the
VOHAP emissions limit in Sec.63.7690(a)(10), you must install,
operate, and maintain a CEMS to measure and record the concentration of
VOHAP emissions according to the requirements in paragraphs (g)(1)
through (3) of this section.
(1) You must install, operate, and maintain each CEMS according to
Performance Specification 8 in 40 CFR part 60, appendix B.
(2) You must conduct a performance evaluation of each CEMS according
to

[[Page 242]]

the requirements of Sec.63.8 and Performance Specification 8 in 40 CFR
part 60, appendix B.
(3) You must operate each CEMS according to the requirements
specified in paragraph (g)(3)(i) through (iv) of this section.
(i) As specified in Sec.63.8(c)(4)(ii), each CEMS must complete a
minimum of one cycle of operation (sampling, analyzing, and data
recording) for each successive 15-minute period.
(ii) You must reduce CEMS data as specified in Sec.63.8(g)(2).
(iii) Each CEMS must determine and record the 3-hour average
emissions using all the hourly averages collected for periods during
which the CEMS is not out-of-control.
(iv) Record the results of each inspection, calibration, and
validation check.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7221, Feb. 7, 2008]

Sec.63.7742 How do I monitor and collect data to demonstrate
continuous compliance?

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

Sec.63.7743 How do I demonstrate continuous compliance with the emissions limitations that apply to me?

(a) You must demonstrate continuous compliance by meeting the
applicable conditions in paragraphs (a)(1) through (12) of this section.
When alternative emissions limitations are provided for a given
emissions source, you must comply with the alternative emissions
limitation most recently selected as your compliance alternative.
(1) For each electric arc metal melting furnace, electric induction
metal melting furnace, or scrap preheater at an existing iron and steel
foundry,
(i) Maintaining the average PM concentration in the exhaust stream
at or below 0.005 gr/dscf; or
(ii) Maintaining the average total metal HAP concentration in the
exhaust stream at or below 0.0004 gr/dscf.
(2) For each cupola metal melting furnace at an existing iron and
steel foundry,
(i) Maintaining the average PM concentration in the exhaust stream
at or below 0.006 gr/dscf; or
(ii) Maintaining the average total metal HAP concentration in the
exhaust stream at or below 0.0005 gr/dscf; or
(iii) Maintaining the average PM mass emissions rate at or below
0.10 pound of PM per ton (lb/ton) of metal charged; or
(iv) Maintaining the average total metal HAP mass emissions rate at
or below 0.008 pound of total metal HAP per ton (lb/ton) of metal
charged.
(3) For each cupola metal melting furnace or electric arc metal
melting furnace at new iron and steel foundry, (i) Maintaining the
average PM concentration in the exhaust stream at or below 0.002 gr/
dscf; or
(ii) Maintaining the average total metal HAP concentration in the
exhaust stream at or below 0.0002 gr/dscf.
(4) For each electric induction metal melting furnace or scrap
preheater at a new iron and steel foundry,
(i) Maintaining the average PM concentration in the exhaust stream
at or below 0.001 gr/dscf; or
(ii) Maintaining the average total metal HAP concentration in the
exhaust stream at or below 0.00008 gr/dscf.
(5) For each pouring station at an existing iron and steel foundry,
(i) Maintaining the average PM concentration in the exhaust stream
at or below 0.010 gr/dscf; or

[[Page 243]]

(ii) Maintaining the average total metal HAP concentration in the
exhaust stream at or below 0.0008 gr/dscf.
(6) For each pouring area or pouring station at a new iron and steel
foundry,
(i) Maintaining the average PM concentration in the exhaust stream
at or below 0.002 gr/dscf; or
(ii) Maintaining the average total metal HAP concentration in the
exhaust stream at or below 0.0002 gr/dscf.
(7) For each building or structure housing any iron and steel
foundry emissions source at the iron and steel foundry, maintaining the
opacity of any fugitive emissions from foundry operations discharged to
the atmosphere at or below 20 percent opacity (6-minute average), except
for one 6-minute average per hour that does not exceed 27 percent
opacity.
(8) For each cupola metal melting furnace at a new or existing iron
and steel foundry, maintaining the average VOHAP concentration in the
exhaust stream at or below 20 ppmv corrected to 10 percent oxygen.
(9) For each scrap preheater at an existing new iron and steel
foundry that does not comply with the work practice standard in Sec.
63.7700(e)(1) or (2) and for each scrap preheater at a new iron and
steel foundry that does not comply with the work practice standard in
Sec.63.7700(f), maintaining the average VOHAP concentration in the
exhaust stream at or below 20 ppmv.
(10) For one or more automated conveyor and pallet cooling lines or
automated shakeout lines that use a sand mold system at a new iron and
steel foundry,
(i) Maintaining the 3-hour flow-weighted average VOHAP concentration
in the exhaust stream at or below 20 ppmv;
(ii) Inspecting and maintaining each CEMS according to the
requirements of Sec.63.7741(g) and recording all information needed to
document conformance with these requirements; and
(iii) Collecting and reducing monitoring data for according to the
requirements of Sec.63.7741(g) and recording all information needed to
document conformance with these requirements.
(11) For each TEA cold box mold or core making line at a new or
existing iron and steel foundry, maintaining a 99 percent reduction in
the VOHAP concentration in the exhaust stream or maintaining the average
VOHAP concentration in the exhaust stream at or below 1 ppmv.
(12) Conducting subsequent performance tests at least every 5 years
for each emissions source subject to an emissions limit for PM, total
metal HAP, VOHAP, or TEA in Sec.63.7690(a) and subsequent performance
tests at least every 6 months for each building or structure subject to
the opacity limit in Sec.63.7690(a)(7).
(b) You must demonstrate continuous compliance for each capture
system subject to an operating limit in Sec.63.7690(b)(1) by meeting
the requirements in paragraphs (b)(1) and (2) of this section.
(1) Operating the capture system at or above the lowest values or
settings established for the operating limits in your operation and
maintenance plan; and
(2) Monitoring the capture system according to the requirements in
Sec.63.7740(a) and collecting, reducing, and recording the monitoring
data for each of the operating limit parameters according to the
applicable requirements in this subpart.
(c) For each baghouse,
(1) Inspecting and maintaining each baghouse according to the
requirements of Sec.63.7740(c)(1) through (8) and recording all
information needed to document conformance with these requirements; and
(2) If the baghouse is equipped with a bag leak detection system,
maintaining records of the times the bag leak detection system sounded,
and for each valid alarm, the time you initiated corrective action, the
corrective action taken, and the date on which corrective action was
completed.
(d) For each wet scrubber that is subject to the operating limits in
Sec.63.7690(b)(2), you must demonstrate continuous compliance by:
(1) Maintaining the 3-hour average pressure drop and 3-hour average
scrubber water flow rate at levels no lower than those established
during the initial or subsequent performance test;
(2) Inspecting and maintaining each CPMS according to the
requirements of

[[Page 244]]

Sec.63.7741(c) and recording all information needed to document
conformance with these requirements; and
(3) Collecting and reducing monitoring data for pressure drop and
scrubber water flow rate according to the requirements of Sec.
63.7741(f) and recording all information needed to document conformance
with these requirements.
(e) For each combustion device that is subject to the operating
limit in Sec.63.7690(b)(3), you must demonstrate continuous compliance
by:
(1) Maintaining the 15-minute average combustion zone temperature at
a level no lower than 1,300 [deg]F;
(2) Inspecting and maintaining each CPMS according to the
requirements of Sec.63.7741(d) and recording all information needed to
document conformance with these requirements; and
(3) Collecting and reducing monitoring data for combustion zone
temperature according to the requirements of Sec.63.7741(f) and
recording all information needed to document conformance with these
requirements.
(f) For each combustion device that is subject to the operating
limit in Sec.63.7690(b)(4), you must demonstrate continuous compliance
by:
(1) Maintaining the 3-hour average combustion zone temperature at a
level no lower that established during the initial or subsequent
performance test;
(2) Inspecting and maintaining each CPMS according to the
requirements of Sec.63.7741(d) and recording all information needed to
document conformance with these requirements; and
(3) Collecting and reducing monitoring data for combustion zone
temperature according to the requirements of Sec.63.7741(f) and
recording all information needed to document conformance with these
requirements.
(g) For each acid wet scrubber subject to the operating limits in
Sec.63.7690(b)(5), you must demonstrate continuous compliance by:
(1) Maintaining the 3-hour average scrubbing liquid flow rate at a
level no lower than the level established during the initial or
subsequent performance test;
(2) Maintaining the 3-hour average pH of the scrubber blowdown at a
level no higher than 4.5 (if measured by a CPMS) or maintaining the pH
level of the scrubber blowdown during each production shift no higher
than 4.5;
(3) Inspecting and maintaining each CPMS according to the
requirements of Sec.63.7741(e) and recording all information needed to
document conformance with these requirements; and
(4) Collecting and reducing monitoring data for scrubbing liquid
flow rate and scrubber blowdown pH according to the requirements of
Sec.63.7741(f) and recording all information needed to document
conformance with these requirements. If the pH level of the scrubber
blowdown is measured by a probe and meter, you must demonstrate
continuous compliance by maintaining records that document the date,
time, and results of each sample taken for each production shift.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7222, Feb. 7, 2008]

Sec.63.7744 How do I demonstrate continuous compliance with the
work practice standards that apply to me?

(a) You must maintain records that document continuous compliance
with the certification requirements in Sec.63.7700(b) or with the
procedures in your scrap selection and inspection plan required in Sec.
63.7700(c). Your records documenting compliance with the scrap selection
and inspection plan must include a copy (kept onsite) of the procedures
used by the scrap supplier for either removing accessible mercury
switches or for purchasing automobile bodies that have had mercury
switches removed, as applicable.
(b) You must keep records of the chemical composition of all
catalyst binder formulations applied in each furan warm box mold or core
making line at a new or existing iron and steel foundry to demonstrate
continuous compliance with the requirements in Sec.63.7700(d).
(c) For a scrap preheater at an existing iron and steel foundry, you
must operate and maintain each gas-fired preheater such that the flame
directly contacts the scrap charged to demonstrate continuous compliance
with the requirement Sec.63.7700(e)(1). If you choose to meet the work
practice standard in Sec.63.7700(e)(2), you must

[[Page 245]]

keep records to document that the scrap preheater charges only material
that is subject to and in compliance with the scrap certification
requirements in Sec.63.7700(b).
(d) For a scrap preheater at a new iron and steel foundry, you must
keep records to document that each scrap preheater charges only material
that is subject to and in compliance with the scrap certification
requirements in Sec.63.7700(b) to demonstrate continuous compliance
with the requirement in Sec.63.7700(f).

Sec.63.7745 How do I demonstrate continuous compliance with the
operation and maintenance requirements that apply to me?

(a) For each capture system and control device for an emissions
source subject to an emissions limit in Sec.63.7690(a), you must
demonstrate continuous compliance with the operation and maintenance
requirements of Sec.63.7710 by:
(1) Making monthly inspections of capture systems and initiating
corrective action according to Sec.63.7710(b)(1) and recording all
information needed to document conformance with these requirements;
(2) Performing preventative maintenance for each control device
according to the preventive maintenance plan required by Sec.
63.7710(b)(3) and recording all information needed to document
conformance with these requirements;
(3) Operating and maintaining each bag leak detection system
according to the site-specific monitoring plan required by Sec.
63.7710(b)(4) and recording all information needed to demonstrate
conformance with these requirements;
(4) Initiating and completing corrective action for a bag leak
detection system alarm according to the corrective action plan required
by Sec.63.7710(b)(5) and recording all information needed to document
conformance with these requirements; and
(5) Igniting gases from mold vents according to the procedures in
the plan required by Sec.63.7710(b)(6). (Any instance where you fail
to follow the procedures is a deviation that must be included in your
semiannual compliance report.)
(b) You must maintain a current copy of the operation and
maintenance plans required by Sec.63.7710(b) onsite and available for
inspection upon request. You must keep the plans for the life of the
iron and steel foundry or until the iron and steel foundry is no longer
subject to the requirements of this subpart.

Sec.63.7746 What other requirements must I meet to demonstrate
continuous compliance?

(a) Deviations. You must report each instance in which you did not
meet each emissions limitation in Sec.63.7690 (including each
operating limit) that applies to you. This requirement includes periods
of startup, shutdown, and malfunction. You also must report each
instance in which you did not meet each work practice standard in Sec.
63.7700 and each operation and maintenance requirement of Sec.63.7710
that applies to you. These instances are deviations from the emissions
limitations, work practice standards, and operation and maintenance
requirements in this subpart. These deviations must be reported
according to the requirements of Sec.63.7751.
(b) Startups, shutdowns, and malfunctions. (1) Consistent with the
requirements of Sec. Sec.63.6(e) and 63.7(e)(1), deviations that occur
during a period of startup, shutdown, or malfunction are not violations
if you demonstrate to the Administrator's satisfaction that you were
operating in accordance with Sec.63.6(e)(1).
(2) The Administrator will determine whether deviations that occur
during a period of startup, shutdown, or malfunction are violations
according to the provisions in Sec.63.6(e).

[69 FR 21923, Apr. 22, 2004, as amended at 71 FR 20468, Apr. 20, 2006]

Sec.63.7747 How do I apply for alternative monitoring requirements
for a continuous emissions monitoring system?

(a) You may request an alternative monitoring method to demonstrate
compliance with the VOHAP emissions limits in Sec.63.7690(a)(10) for
automated pallet cooling lines or automated shakeout lines at a new iron
and steel

[[Page 246]]

foundry according to the procedures in this section.
(b) You can request approval to use an alternative monitoring method
in the notification of construction or reconstruction for new sources,
or at any time.
(c) You must submit a monitoring plan that includes a description of
the control technique or pollution prevention technique, a description
of the continuous monitoring system or method including appropriate
operating parameters that will be monitored, test results demonstrating
compliance with the emissions limit, operating limit(s) (if applicable)
determined according to the test results, and the frequency of measuring
and recording to establish continuous compliance. If applicable, you
must also include operation and maintenance requirements for the
monitors.
(d) The monitoring plan is subject to approval by the Administrator.
Use of the alternative monitoring method must not begin until approval
is granted by the Administrator.

Notifications, Reports, and Records

Sec.63.7750 What notifications must I submit and when?

(a) You must submit all of the notifications required by Sec. Sec.
63.6(h)(4) and (5), 63.7(b) and (c); 63.8(e); 63.8(f)(4) and (6);
63.9(b) through (h) that apply to you by the specified dates.
(b) As specified in Sec.63.9(b)(2), if you start up your iron and
steel foundry before April 22, 2004, you must submit your initial
notification no later than August 20, 2004.
(c) If you start up your new iron and steel foundry on or after
April 22, 2004, you must submit your initial notification no later than
120 calendar days after you become subject to this subpart.
(d) If you are required to conduct a performance test, you must
submit a notification of intent to conduct a performance test at least
60 calendar days before the performance test is scheduled to begin as
required by Sec.63.7(b)(1).
(e) If you are required to conduct a performance test or other
initial compliance demonstration, you must submit a notification of
compliance status according to the requirements of Sec.63.9(h)(2)(ii).
For opacity performance tests, the notification of compliance status may
be submitted with the semiannual compliance report in Sec.63.7751(a)
and (b) or the semiannual part 70 monitoring report in Sec.63.7551(d).
(1) For each initial compliance demonstration that does not include
a performance test, you must submit the notification of compliance
status before the close of business on the 30th calendar day following
completion of the initial compliance demonstration.
(2) For each initial compliance demonstration that does include a
performance test, you must submit the notification of compliance status,
including the performance test results, before the close of business on
the 60th calendar day following the completion of the performance test
according to the requirement specified in Sec.63.10(d)(2).

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7222, Feb. 7, 2008]

Sec.63.7751 What reports must I submit and when?

[[Page 247]]

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

[[Page 248]]

monitoring system downtime as a percent of the total source operating
time during the reporting period.
(viii) A brief description of the process units.
(ix) A brief description of the continuous monitoring system.
(x) The date of the latest continuous monitoring system
certification or audit.
(xi) A description of any changes in continuous monitoring systems,
processes, or controls since the last reporting period.
(c) Immediate startup, shutdown, and malfunction report. If you had
a startup, shutdown, or malfunction during the semiannual reporting
period that was not consistent with your startup, shutdown, and
malfunction plan and the source exceeds any applicable emissions
limitation in Sec.63.7690, you must submit an immediate startup,
shutdown, and malfunction report according to the requirements of Sec.
63.10(d)(5)(ii).
(d) Part 70 monitoring report. If you have obtained a title V
operating permit for an iron and steel foundry pursuant to 40 CFR part
70 or 40 CFR part 71, you must report all deviations as defined in this
subpart in the semiannual monitoring report required by 40 CFR
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a
compliance report for an iron and steel foundry along with, or as part
of, the semiannual monitoring report required by 40 CFR
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance
report includes all the required information concerning deviations from
any emissions limitation or operation and maintenance requirement in
this subpart, submission of the compliance report satisfies any
obligation to report the same deviations in the semiannual monitoring
report. However, submission of a compliance report does not otherwise
affect any obligation you may have to report deviations from permit
requirements for an iron and steel foundry to your permitting authority.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7222, Feb. 7, 2008]

Sec.63.7752 What records must I keep?

(a) You must keep the records specified in paragraphs (a)(1) through
(4) of this section:
(1) A copy of each notification and report that you submitted to
comply with this subpart, including all documentation supporting any
initial notification or notification of compliance status that you
submitted, according to the requirements of Sec.63.10(b)(2)(xiv).
(2) The records specified in Sec.63.6(e)(3)(iii) through (v)
related to startup, shutdown, and malfunction.
(3) Records of performance tests and performance evaluations as
required by Sec.63.10(b)(2)(viii).
(4) Records of the annual quantity of each chemical binder or
coating material used to coat or make molds and cores, the Material Data
Safety Sheet or other documentation that provides the chemical
composition of each component, and the annual quantity of HAP used in
these chemical binder or coating materials at the foundry as calculated
from the recorded quantities and chemical compositions (from Material
Data Safety Sheets or other documentation).
(b) You must keep the following records for each CEMS.
(1) Records described in Sec.63.10(b)(2)(vi) through (xi).
(2) Previous (i.e., superseded) versions of the performance
evaluation plan as required in Sec.63.8(d)(3).
(3) Request for alternatives to relative accuracy tests for CEMS as
required in Sec.63.8(f)(6)(i).
(4) Records of the date and time that each deviation started and
stopped, and whether the deviation occurred during a period of startup,
shutdown, or malfunction or during another period.
(c) You must keep the records required by Sec. Sec.63.7743,
63.7744, and 63.7745 to show continuous compliance with each emissions
limitation, work practice standard, and operation and maintenance
requirement that applies to you.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7222, Feb. 7, 2008]

Sec.63.7753 In what form and for how long must I keep my records?

(a) You must keep your records in a form suitable and readily
available for

[[Page 249]]

expeditious review, according to the requirements of Sec.63.10(b)(1).
(b) As specified in Sec.63.10(b)(1), you must keep each record for
5 years following the date of each occurrence, measurement, maintenance,
corrective action, report, or record.
(c) You must keep each record onsite for at least 2 years after the
date of each occurrence, measurement, maintenance, corrective action,
report, or record according to the requirements in Sec.63.10(b)(1).
You can keep the records for the previous 3 years offsite.

Other Requirements and Information

Sec.63.7760 What parts of the General Provisions apply to me?

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

Sec.63.7761 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by us, the U.S.
Environmental Protection Agency (EPA), or a delegated authority such as
your State, local, or tribal agency. If the U.S. EPA Administrator has
delegated authority to your State, local, or tribal agency, then that
agency, in addition to the U.S. EPA, has the authority to implement and
enforce this subpart. You should contact your U.S. EPA Regional Office
to find out if implementation and enforcement of this subpart is
delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraph (c) of this section
are retained by the Administrator of the U.S. EPA and are not
transferred to the State, local, or tribal agency.
(c) The authorities that cannot be delegated to State, local, or
tribal agencies are specified in paragraphs (c)(1) through (4) of this
section.
(1) Approval of alternatives to non-opacity emissions limitations in
Sec.63.7690 and work practice standards in Sec.63.7700 under Sec.
63.6(g).
(2) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec.63.90.
(3) Approval of major alternatives to monitoring under Sec.63.8(f)
and as defined in Sec.63.90.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec.63.10(f) and as defined in Sec.63.90.

Definitions

Sec.63.7765 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act (CAA),
in Sec.63.2, and in this section.
Automated conveyor and pallet cooling line means any dedicated
conveyor line or area used for cooling molds received from pouring
stations.
Automated shakeout line means any mechanical process unit designed
for and dedicated to separating a casting from a mold. These mechanical
processes include, but are not limited to, shaker decks, rotary
separators, and high-frequency vibration units. Automated shakeout lines
do not include manual processes for separating a casting from a mold,
such as personnel using a hammer, chisel, pick ax, sledge hammer, or
jackhammer.
Bag leak detection system means a system that is capable of
continuously monitoring relative particulate matter (dust) loadings in
the exhaust of a baghouse to detect bag leaks and other upset
conditions. A bag leak detection system includes, but is not limited to,
an instrument that operates on triboelectric, electrodynamic, light
scattering, light transmittance, or other effect to continuously monitor
relative particulate matter loadings.
Binder chemical means a component of a system of chemicals used to
bind sand together into molds, mold sections, and cores through chemical
reaction as opposed to pressure.
Capture system means the collection of components used to capture
gases and fumes released from one or more emissions points and then
convey the captured gas stream to a control device or to the atmosphere.
A capture system may include, but is not limited to, the following
components as applicable to a given capture system design: duct

[[Page 250]]

intake devices, hoods, enclosures, ductwork, dampers, manifolds,
plenums, and fans.
Cold box mold or core making line means a mold or core making line
in which the formed aggregate is hardened by catalysis with a gas.
Combustion device means an afterburner, thermal incinerator, or
scrap preheater.
Conveyance means the system of equipment that is designed to capture
pollutants at the source, convey them through ductwork, and exhaust them
using forced ventilation. A conveyance may, but does not necessarily
include, control equipment designed to reduce emissions of the
pollutants. Emissions that are released through windows, vents, or other
general building ventilation or exhaust systems are not considered to be
discharged through a conveyance.
Cooling means the process of molten metal solidification within the
mold and subsequent temperature reduction prior to shakeout.
Cupola means a vertical cylindrical shaft furnace that uses coke and
forms of iron and steel such as scrap and foundry returns as the primary
charge components and melts the iron and steel through combustion of the
coke by a forced upward flow of heated air.
Deviation means any instance in which an affected source or an owner
or operator of such an affected source:
(1) Fails to meet any requirement or obligation established by this
subpart including, but not limited to, any emissions limitation
(including operating limits), work practice standard, or operation and
maintenance requirement;
(2) Fails to meet any term or condition that is adopted to implement
an applicable requirement in this subpart and that is included in the
operating permit for any iron and steel foundry required to obtain such
a permit; or
(3) Fails to meet any emissions limitation (including operating
limits) or work practice standard in this subpart during startup,
shutdown, or malfunction, regardless of whether or not such failure is
permitted by this subpart.
A deviation is not always a violation. The determination of whether
a deviation constitutes a violation of the standard is up to the
discretion of the entity responsible for enforcement of the standards.
Electric arc furnace means a vessel in which forms of iron and steel
such as scrap and foundry returns are melted through resistance heating
by an electric current flowing through the arcs formed between the
electrodes and the surface of the metal and also flowing through the
metal between the arc paths.
Electric induction furnace means a vessel in which forms of iron and
steel such as scrap and foundry returns are melted though resistance
heating by an electric current that is induced in the metal by passing
an alternating current through a coil surrounding the metal charge or
surrounding a pool of molten metal at the bottom of the vessel.
Emissions limitation means any emissions limit or operating limit.
Exhaust stream means gases emitted from a process through a
conveyance as defined in this subpart.
Free organic liquids means material that fails the paint filter test
by EPA Method 9095A (incorporated by reference--see Sec.63.14). That
is, if any portion of the material passes through and drops from the
filter within the 5-minute test period, the material contains free
liquids.
Fresh acid solution means a sulfuric acid solution used for the
control of triethylamine emissions that has a pH of 2.0 or less.
Fugitive emissions means any pollutant released to the atmosphere
that is not discharged through a conveyance as defined in this subpart.
Furan warm box mold or core making line means a mold or core making
line in which the binder chemical system used is that system commonly
designated as a furan warm box system by the foundry industry.
Hazardous air pollutant means any substance on the list originally
established in 112(b)(1) of the CAA and subsequently amended as
published in the Code of Federal Regulations.
Iron and steel foundry means a facility or portion of a facility
that melts scrap, ingot, and/or other forms of iron and/or steel and
pours the resulting molten metal into molds to produce final or near
final shape products for

[[Page 251]]

introduction into commerce. Research and development facilities and
operations that only produce non-commercial castings are not included in
this definition.
Metal melting furnace means a cupola, electric arc furnace, or
electric induction furnace that converts scrap, foundry returns, and/or
other solid forms of iron and/or steel to a liquid state. This
definition does not include a holding furnace, an argon oxygen
decarburization vessel, or ladle that receives molten metal from a metal
melting furnace, to which metal ingots or other material may be added to
adjust the metal chemistry.
Mold or core making line means the collection of equipment that is
used to mix an aggregate of sand and binder chemicals, form the
aggregate into final shape, and harden the formed aggregate. This
definition does not include a line for making green sand molds or cores.
Mold vent means an intentional opening in a mold through which gases
containing pyrolysis products of organic mold and core constituents
produced by contact with or proximity to molten metal normally escape
the mold during and after metal pouring.
Off blast means those periods of cupola operation when the cupola is
not actively being used to produce molten metal. Off blast conditions
include cupola startup when air is introduced to the cupola to preheat
the sand bed and other cupola startup procedures as defined in the
startup, shutdown, and malfunction plan. Off blast conditions also
include idling conditions when the blast air is turned off or down to
the point that the cupola does not produce additional molten metal.
On blast means those periods of cupola operation when combustion
(blast) air is introduced to the cupola furnace and the furnace is
capable of producing molten metal. On blast conditions are characterized
by both blast air introduction and molten metal production.
Pouring area means an area, generally associated with floor and pit
molding operations, in which molten metal is brought to each individual
mold. Pouring areas include all pouring operations that do not meet the
definition of a pouring station.
Pouring station means the fixed location to which molds are brought
in a continuous or semicontinuous manner to receive molten metal, after
which the molds are moved to a cooling area.
Responsible official means responsible official as defined in Sec.
63.2.
Scrap preheater means a vessel or other piece of equipment in which
metal scrap that is to be used as melting furnace feed is heated to a
temperature high enough to eliminate volatile impurities or other tramp
materials by direct flame heating or similar means of heating. Scrap
dryers, which solely remove moisture from metal scrap, are not
considered to be scrap preheaters for purposes of this subpart.
Scrubber blowdown means liquor or slurry discharged from a wet
scrubber that is either removed as a waste stream or processed to remove
impurities or adjust its composition or pH before being returned to the
scrubber.
Total metal HAP means, for the purposes of this subpart, the sum of
the concentrations of antimony, arsenic, beryllium, cadmium, chromium,
cobalt, lead, manganese, mercury, nickel, and selenium as measured by
EPA Method 29 (40 CFR part 60, appendix A). Only the measured
concentration of the listed analytes that are present at concentrations
exceeding one-half the quantitation limit of the analytical method are
to be used in the sum. If any of the analytes are not detected or are
detected at concentrations less than one-half the quantitation limit of
the analytical method, the concentration of those analytes will be
assumed to be zero for the purposes of calculating the total metal HAP
for this subpart.
Work practice standard means any design, equipment, work practice,
or operational standard, or combination thereof, that is promulgated
pursuant to section 112(h) of the CAA.

[69 FR 21923, Apr. 22, 2004, as amended at 70 FR 29404, May 20, 2005; 73
FR 7222, Feb. 7, 2008]

[[Page 252]]

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

[As stated in Sec. 63.7760, you must meet each requirement in the following table that applies to you.]
----------------------------------------------------------------------------------------------------------------
Applies to Subpart
Citation Subject EEEEE? Explanation
----------------------------------------------------------------------------------------------------------------
63.1................................. Applicability.......... Yes....................
63.2................................. Definitions............ Yes....................
63.3................................. Units and abbreviations Yes....................
63.4................................. Prohibited activities.. Yes....................
63.5................................. Construction/ Yes....................
reconstruction.
63.6(a)-(g).......................... Compliance with Yes....................
standards and
maintenance
requirements.
63.6(h).............................. Opacity and visible Yes....................
emissions standards.
63.6(i)-(j).......................... Compliance extension Yes....................
and Presidential
compliance exemption.
63.7(a)(1)-(a)(2).................... Applicability and No..................... Subpart EEEEE specifies
performance test dates. applicability and
performance test
dates.
63.7(a)(3), (b)-(h).................. Performance testing Yes....................
requirements.
63.8(a)(1)-(a)(3), (b), (c)(1)- Monitoring requirements Yes.................... Subpart EEEEE specifies
(c)(3), (c)(6)-(c)(8), (d), (e), requirements for
(f)(1)-(f)(6), (g)(1)-(g)(4). alternative monitoring
systems.
63.8(a)(4)........................... Additional monitoring No..................... Subpart EEEEE does not
requirements for require flares.
control devices in
Sec. 63.11.
63.8(c)(4)........................... Continuous monitoring No..................... Subpart EEEEE specifies
system (CMS) requirements for
requirements. operation of CMS and
CEMS.
63.8(c)(5)........................... Continuous opacity No..................... Subpart EEEEE does not
monitoring system require COMS.
(COMS) Minimum
Procedures.
63.8(g)(5)........................... Data reduction......... No..................... Subpart EEEEE specifies
data reduction
requirements.
63.9................................. Notification Yes.................... Except: for opacity
requirements. performance tests,
Subpart EEEEE allows
the notification of
compliance status to
be submitted with the
semiannual compliance
report or the
semiannual part 70
monitoring report.
63.10(a)-(b), (c)(1)-(6), (c)(9)- Recordkeeping and Yes.................... Additional records for
(15), (d)(1)-(2), (e)(1)-(2), (f). reporting requirements. CMS in Sec.
63.10(c)(1)-(6), (9)-
(15) apply only to
CEMS.
63.10(c)(7)-(8)...................... Records of excess No..................... Subpart EEEEE specifies
emissions and records requirements.
parameter monitoring
exceedances for CMS.
63.10(d)(3).......................... Reporting opacity or Yes....................
visible emissions
observations.
63.10(e)(3).......................... Excess emissions No..................... Subpart EEEEE specifies
reports. reporting
requirements.
63.10(e)(4).......................... Reporting COMS data.... No..................... Subpart EEEEE data does
not require COMS.
63.11................................ Control device No..................... Subpart EEEEE does not
requirements. require flares.
63.12................................ State authority and Yes....................
delegations.
63.13-63.15.......................... Addresses of State air Yes....................
pollution control
agencies and EPA
regional offices.
Incorporation by
reference.
Availability of
information and
confidentiality.
----------------------------------------------------------------------------------------------------------------

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7223, Feb. 7, 2008]

[[Page 253]]

Subpart FFFFF_National Emission Standards for Hazardous Air Pollutants
for Integrated Iron and Steel Manufacturing Facilities

Source: 68 FR 27663, May 20, 2003, unless otherwise noted.

What This Subpart Covers

Sec.63.7780 What is the purpose of this subpart?

This subpart establishes national emission standards for hazardous
air pollutants (NESHAP) for integrated iron and steel manufacturing
facilities. This subpart also establishes requirements to demonstrate
initial and continuous compliance with all applicable emission
limitations and operation and maintenance requirements in this subpart.

Sec.63.7781 Am I subject to this subpart?

You are subject to this subpart if you own or operate an integrated
iron and steel manufacturing facility that is (or is part of) a major
source of hazardous air pollutants (HAP) emissions. Your integrated iron
and steel manufacturing facility is a major source of HAP if it emits or
has the potential to emit any single HAP at a rate of 10 tons or more
per year or any combination of HAP at a rate of 25 tons or more per
year.

Sec.63.7782 What parts of my plant does this subpart cover?

(a) This subpart applies to each new and existing affected source at
your integrated iron and steel manufacturing facility.
(b) The affected sources are each new or existing sinter plant,
blast furnace, and basic oxygen process furnace (BOPF) shop at your
integrated iron and steel manufacturing facility.
(c) This subpart covers emissions from the sinter plant windbox
exhaust, discharge end, and sinter cooler; the blast furnace casthouse;
and the BOPF shop including each individual BOPF and shop ancillary
operations (hot metal transfer, hot metal desulfurization, slag
skimming, and ladle metallurgy).
(d) A sinter plant, blast furnace, or BOPF shop at your integrated
iron and steel manufacturing facility is existing if you commenced
construction or reconstruction of the affected source before July 13,
2001.
(e) A sinter plant, blast furnace, or BOPF shop at your integrated
iron and steel manufacturing facility is new if you commence
construction or reconstruction of the affected source on or after July
13, 2001. An affected source is reconstructed if it meets the definition
of reconstruction in Sec.63.2.

Sec.63.7783 When do I have to comply with this subpart?

(a) If you have an existing affected source, you must comply with
each emission limitation and operation and maintenance requirement in
this subpart that applies to you by the dates specified in paragraphs
(a)(1) and (2) of this section.
(1) No later than May 22, 2006 for all emissions sources at an
existing affected source except for a sinter cooler at an existing
sinter plant.
(2) No later than January 13, 2007 for a sinter cooler at an
existing sinter plant.
(b) If you have a new affected source and its initial startup date
is on or before May 20, 2003, then you must comply with each emission
limitation and operation and maintenance requirement in this subpart
that applies to you by May 20, 2003.
(c) If you have a new affected source and its initial startup date
is after May 20, 2003, you must comply with each emission limitation and
operation and maintenance requirement in this subpart that applies to
you upon initial startup.
(d) If your integrated iron and steel manufacturing facility is not
a major source and becomes a major source of HAP, the following
compliance dates apply to you.
(1) Any portion of the existing integrated iron and steel
manufacturing facility that becomes a new affected source or a new
reconstructed source must be in compliance with this subpart upon
startup.
(2) All other parts of the integrated iron and steel manufacturing
facility

[[Page 254]]

must be in compliance with this subpart no later than 2 years after it
becomes a major source.
(e) You must meet the notification and schedule requirements in
Sec.63.7840. Several of these notifications must be submitted before
the compliance date for your affected source.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39585, July 13, 2006]

Emission Limitations

Sec.63.7790 What emission limitations must I meet?

(a) You must meet each emission limit and opacity limit in Table 1
to this subpart that applies to you.
(b) You must meet each operating limit for capture systems and
control devices in paragraphs (b)(1) through (3) of this section that
applies to you.
(1) You must operate each capture system applied to emissions from a
sinter plant discharge end or blast furnace casthouse or to secondary
emissions from a BOPF at or above the lowest value or settings
established for the operating limits in your operation and maintenance
plan;
(2) For each venturi scrubber applied to meet any particulate
emission limit in Table 1 to this subpart, you must maintain the hourly
average pressure drop and scrubber water flow rate at or above the
minimum levels established during the initial performance test.
(3) For each electrostatic precipitator applied to emissions from a
BOPF, you must maintain the hourly average opacity of emissions exiting
the control device at or below 10 percent.
(c) An owner or operator who uses an air pollution control device
other than a baghouse, venturi scrubber, or electrostatic precipitator
must submit a description of the device; test results collected in
accordance with Sec.63.7822 verifying the performance of the device
for reducing emissions of particulate matter to the atmosphere to the
levels required by this subpart; a copy of the operation and maintenance
plan required in Sec.63.7800(b); and appropriate operating parameters
that will be monitored to maintain continuous compliance with the
applicable emission limitation(s). The monitoring plan identifying the
operating parameters to be monitored is subject to approval by the
Administrator.
(d) For each sinter plant, you must either:
(1) Maintain the 30-day rolling average oil content of the feedstock
at or below 0.02 percent; or
(2) Maintain the 30-day rolling average of volatile organic compound
emissions from the windbox exhaust stream at or below 0.2 lb/ton of
sinter.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39585, July 13, 2006]

Operation and Maintenance Requirements

Sec.63.7800 What are my operation and maintenance requirements?

[[Page 255]]

(3) Operating limits for each capture system applied to emissions
from a sinter plant discharge end or blast furnace casthouse, or to
secondary emissions from a BOPF. You must establish the operating limits
according to the requirements in paragraphs (b)(3)(i) through (iii) of
this section.
(i) Select operating limit parameters appropriate for the capture
system design that are representative and reliable indicators of the
performance of the capture system. At a minimum, you must use
appropriate operating limit parameters that indicate the level of the
ventilation draft and the damper position settings for the capture
system when operating to collect emissions, including revised settings
for seasonal variations. Appropriate operating limit parameters for
ventilation draft include, but are not limited to, volumetric flow rate
through each separately ducted hood, total volumetric flow rate at the
inlet to the control device to which the capture system is vented, fan
motor amperage, or static pressure.
(ii) For each operating limit parameter selected in paragraph
(b)(3)(i) of this section, designate the value or setting for the
parameter at which the capture system operates during the process
operation. If your operation allows for more than one process to be
operating simultaneously, designate the value or setting for the
parameter at which the capture system operates during each possible
configuration that you may operate.
(iii) Include documentation in your plan to support your selection
of the operating limits established for the capture system. This
documentation must include a description of the capture system design, a
description of the capture system operating during production, a
description of each selected operating limit parameter, a rationale for
why you chose the parameter, a description of the method used to monitor
the parameter according to the requirements of Sec.63.7830(a), and the
data used to set the value or setting for the parameter for each of your
process configurations.
(4) Corrective action procedures for baghouses equipped with bag
leak detection systems or continuous opacity monitoring systems (COMS).
In the event a bag leak detection system alarm is triggered or emissions
from a baghouse equipped with a COMS exceed an hourly average opacity of
5 percent, you must initiate corrective action to determine the cause of
the alarm within 1 hour of the alarm, initiate corrective action to
correct the cause of the problem within 24 hours of the alarm, and
complete the corrective action as soon as practicable. Corrective
actions may include, but are not limited to:
(i) Inspecting the baghouse for air leaks, torn or broken bags or
filter media, or any other condition that may cause an increase in
emissions.
(ii) Sealing off defective bags or filter media.
(iii) Replacing defective bags or filter media or otherwise
repairing the control device.
(iv) Sealing off a defective baghouse compartment.
(v) Cleaning the bag leak detection system probe, or otherwise
repair the bag leak detection system.
(vi) Shutting down the process producing the particulate emissions.
(5) Corrective action procedures for venturi scrubbers equipped with
continuous parameter monitoring systems (CPMS). In the event a venturi
scrubber exceeds the operating limit in Sec.63.7790(b)(2), you must
take corrective actions consistent with your site-specific monitoring
plan in accordance with Sec.63.7831(a).
(6) Corrective action procedures for electrostatic precipitators
equipped with COMS. In the event an electrostatic precipitator exceeds
the operating limit in Sec.63.7790(b)(3), you must take corrective
actions consistent with your site-specific monitoring plan in accordance
with Sec.63.7831(a).
(7) Procedures for determining and recording the daily sinter plant
production rate in tons per hour.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39585, July 13, 2006]

General Compliance Requirements

Sec.63.7810 What are my general requirements for complying with
this subpart?

(a) You must be in compliance with the emission limitations and
operation

[[Page 256]]

and maintenance requirements in this subpart at all times, except during
periods of startup, shutdown, and malfunction as defined in Sec.63.2.
(b) During the period between the compliance date specified for your
affected source in Sec.63.7783 and the date upon which continuous
monitoring systems have been installed and certified and any applicable
operating limits have been set, you must maintain a log detailing the
operation and maintenance of the process and emissions control
equipment.
(c) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec.63.6(e)(3).

[68 FR 27663, May 20, 2003, as amended at 71 FR 20468, Apr. 20, 2006]

Initial Compliance Requirements

Sec.63.7820 By what date must I conduct performance tests or other
initial compliance demonstrations?

(a) You must conduct a performance test to demonstrate initial
compliance with each emission and opacity limit in Table 1 to this
subpart that applies to you. You must also conduct a performance test to
demonstrate initial compliance with the 30-day rolling average operating
limit for the oil content of the sinter plant feedstock in Sec.
63.7790(d)(1) or alternative limit for volatile organic compound
emissions from the sinter plant windbox exhaust stream in Sec.
63.7790(d)(2). You must conduct the performance tests within 180
calendar days after the compliance date that is specified in Sec.
63.7783 for your affected source and report the results in your
notification of compliance status.
(b) For each operation and maintenance requirement that applies to
you where initial compliance is not demonstrated using a performance
test or opacity observation, you must demonstrate initial compliance
within 30 calendar days after the compliance date that is specified for
your affected source in Sec.63.7783.
(c) If you commenced construction or reconstruction between July 13,
2001 and May 20, 2003, you must demonstrate initial compliance with
either the proposed emission limit or the promulgated emission limit no
later than November 17, 2003 or no later than 180 days after startup of
the source, whichever is later, according to Sec.63.7(a)(2)(ix).
(d) If you commenced construction or reconstruction between July 13,
2001 and May 20, 2003, and you chose to comply with the proposed
emission limit when demonstrating initial compliance, you must conduct a
second performance test to demonstrate compliance with the promulgated
emission limit by November 17, 2006, or no later than 180 days after
startup of the source, whichever is later, according to Sec.
63.7(a)(2)(ix).

Sec.63.7821 When must I conduct subsequent performance tests?

(a) You must conduct subsequent performance tests to demonstrate
compliance with all applicable PM and opacity limits in Table 1 to this
subpart at the frequencies specified in paragraphs (b) through (d) of
this section.
(b) For each sinter cooler at an existing sinter plant and each
emissions unit equipped with a control device other than a baghouse, you
must conduct subsequent performance tests no less frequently than twice
(at mid-term and renewal) during each term of your title V operating
permit.
(c) For each emissions unit equipped with a baghouse, you must
conduct subsequent performance tests no less frequently than once during
each term of your title V operating permit.
(d) For sources without a title V operating permit, you must conduct
subsequent performance tests every 2.5 years.

[ 71 FR 39586, July 13, 2006]

Sec.63.7822 What test methods and other procedures must I use to demonstrate initial compliance with the emission limits for particulate matter?

(a) You must conduct each performance test that applies to your
affected source according to the requirements in Sec.63.7(e)(1) and
the conditions detailed in paragraphs (b) through (i) of this section.
(b) To determine compliance with the applicable emission limit for
particulate matter in Table 1 to this subpart, follow the test methods
and procedures

[[Page 257]]

in paragraphs (b)(1) and (2) of this section.
(1) Determine the concentration of particulate matter according to
the following test methods in appendix A to part 60 of this chapter:
(i) Method 1 to select sampling port locations and the number of
traverse points. Sampling ports must be located at the outlet of the
control device and prior to any releases to the atmosphere.
(ii) Method 2, 2F, or 2G to determine the volumetric flow rate of
the stack gas.
(iii) Method 3, 3A, or 3B to determine the dry molecular weight of
the stack gas.
(iv) Method 4 to determine the moisture content of the stack gas.
(v) Method 5, 5D, or 17, as applicable, to determine the
concentration of particulate matter (front half filterable catch only).
(2) Collect a minimum sample volume of 60 dry standard cubic feet
(dscf) of gas during each particulate matter test run. Three valid test
runs are needed to comprise a performance test.
(c) For each sinter plant windbox exhaust stream, you must complete
the requirements of paragraphs (c)(1) and (2) of this section:
(1) Follow the procedures in your operation and maintenance plan for
measuring and recording the sinter production rate for each test run in
tons per hour; and
(2) Compute the process-weighted mass emissions (Ep) for
each test run using Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR20MY03.000

Where:

Ep = Process-weighted mass emissions of particulate matter,
lb/ton;
C = Concentration of particulate matter, grains per dry standard cubic
foot (gr/dscf);
Q = Volumetric flow rate of stack gas, dry standard cubic foot per hour
(dscf/hr);
P = Production rate of sinter during the test run, tons/hr; and
K = Conversion factor, 7,000 grains per pound (gr/lb).

(d) If you apply two or more control devices in parallel to
emissions from a sinter plant discharge end or a BOPF, compute the
average flow-weighted concentration for each test run using Equation 2
of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR20MY03.001

Where:

Cw = Flow-weighted concentration, gr/dscf;
Ci = Concentration of particulate matter from exhaust stream
``i'', gr/dscf; and
Qi = Volumetric flow rate of effluent gas from exhaust stream
``i'', dry standard cubic foot per minute (dscfm).

(e) For a control device applied to emissions from a blast furnace
casthouse, sample for an integral number of furnace tapping operations
sufficient to obtain at least 1 hour of sampling for each test run.
(f) For a primary emission control device applied to emissions from
a BOPF with a closed hood system, sample only during the primary oxygen
blow and do not sample during any subsequent reblows. Continue sampling
for each run for an integral number of primary oxygen blows.
(g) For a primary emission control system applied to emissions from
a BOPF with an open hood system and for a control device applied solely
to secondary emissions from a BOPF, you must complete the requirements
of paragraphs (g)(1) and (2) of this section:
(1) Sample only during the steel production cycle. Conduct sampling
under conditions that are representative of normal operation. Record the
start and end time of each steel production cycle and each period of
abnormal operation; and
(2) Sample for an integral number of steel production cycles. The
steel production cycle begins when the scrap is charged to the furnace
and ends 3 minutes after the slag is emptied from the vessel into the
slag pot.
(h) For a control device applied to emissions from BOPF shop
ancillary operations (hot metal transfer, skimming, desulfurization, or
ladle metallurgy), sample only when the operation(s) is being conducted.

[[Page 258]]

(i) Subject to approval by the permitting authority, you may conduct
representative sampling of stacks when there are more than three stacks
associated with a process.

Sec.63.7823 What test methods and other procedures must I use to
demonstrate initial compliance with the opacity limits?

(a) You must conduct each performance test that applies to your
affected source according to the requirements in Sec.63.7(h)(5) and
the conditions detailed in paragraphs (b) through (d) of this section.
(b) You must conduct each visible emissions performance test such
that the opacity observations overlap with the performance test for
particulate matter.
(c) To determine compliance with the applicable opacity limit in
Table 1 to this subpart for a sinter plant discharge end or a blast
furnace casthouse:
(1) Using a certified observer, determine the opacity of emissions
according to Method 9 in appendix A to part 60 of this chapter.
(2) Obtain a minimum of 30 6-minute block averages. For a blast
furnace casthouse, make observations during tapping of the furnace.
Tapping begins when the furnace is opened, usually by creating a hole
near the bottom of the furnace, and ends when the hole is plugged.
(d) To determine compliance with the applicable opacity limit in
Table 1 to this subpart for BOPF shops:
(1) For an existing BOPF shop:
(i) Using a certified observer, determine the opacity of emissions
according to Method 9 in appendix A to part 60 of this chapter except as
specified in paragraphs (d)(1)(ii) and (iii) of this section.
(ii) Instead of procedures in section 2.4 of Method 9 in appendix A
to part 60 of this chapter, record observations to the nearest 5 percent
at 15-second intervals for at least three steel production cycles.
(iii) Instead of procedures in section 2.5 of Method 9 in appendix A
to part 60 of this chapter, determine the 3-minute block average opacity
from the average of 12 consecutive observations recorded at 15-second
intervals.
(2) For a new BOPF shop housing a bottom-blown BOPF:
(i) Using a certified observer, determine the opacity of emissions
according to Method 9 in appendix A to part 60 of this chapter.
(ii) Determine the highest and second highest sets of 6-minute block
average opacities for each steel production cycle.
(3) For a new BOPF shop housing a top-blown BOPF:
(i) Determine the opacity of emissions according to the requirements
for an existing BOPF shop in paragraphs (d)(1)(i) through (iii) of this
section.
(ii) Determine the highest and second highest sets of 3-minute block
average opacities for each steel production cycle.
(4) Opacity observations must cover the entire steel production
cycle and must be made for at least three cycles. The steel production
cycle begins when the scrap is charged to the furnace and ends 3 minutes
after the slag is emptied from the vessel into the slag pot.
(5) Determine and record the starting and stopping times of the
steel production cycle.
(e) To determine compliance with the applicable opacity limit in
Table 1 to this subpart for a sinter cooler at an existing sinter plant:
(1) Using a certified observer, determine the opacity of emissions
according to Method 9 in appendix A to part 60 of this chapter.
(2) Obtain a minimum of 30 6-minute block averages.
(3) Make visible emission observations of uncovered portions of
sinter plant coolers with the observer's line of sight generally in the
direction of the center of the cooler.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39586, July 13, 2006]

Sec.63.7824 What test methods and other procedures must I use to
establish and demonstrate initial compliance with operating limits?

(a) For each capture system subject to an operating limit in Sec.
63.7790(b)(1), you must certify that the system operated during the
performance test at the

[[Page 259]]

site-specific operating limits established in your operation and
maintenance plan using the procedures in paragraphs (a)(1) through (4)
of this section.
(1) Concurrent with all opacity observations, measure and record
values for each of the operating limit parameters in your capture system
operation and maintenance plan according to the monitoring requirements
specified in Sec.63.7830(a).
(2) For any dampers that are manually set and remain at the same
position at all times the capture system is operating, the damper
position must be visually checked and recorded at the beginning and end
of each opacity observation period segment.
(3) Review and record the monitoring data. Identify and explain any
times the capture system operated outside the applicable operating
limits.
(4) Certify in your performance test report that during all
observation period segments, the capture system was operating at the
values or settings established in your capture system operation and
maintenance plan.
(b) For a venturi scrubber subject to operating limits for pressure
drop and scrubber water flow rate in Sec.63.7790(b)(2), you must
establish site-specific operating limits according to the procedures in
paragraphs (b)(1) and (2) of this section. You may establish the
parametric monitoring limit during the initial performance test or
during any other performance test run that meets the emission limit.
(1) Using the CPMS required in Sec.63.7830(c), measure and record
the pressure drop and scrubber water flow rate during each run of the
particulate matter performance test.
(2) Compute and record the hourly average pressure drop and scrubber
water flow rate for each individual test run. Your operating limits are
the lowest average pressure drop and scrubber water flow rate value in
any of the three runs that meet the applicable emission limit.
(c) You may change the operating limits for a capture system or
venturi scrubber if you meet the requirements in paragraphs (c)(1)
through (3) of this section.
(1) Submit a written notification to the Administrator of your
request to conduct a new performance test to revise the operating limit.
(2) Conduct a performance test to demonstrate compliance with the
applicable emission limitation in Table 1 to this subpart.
(3) Establish revised operating limits according to the applicable
procedures in paragraphs (a) and (b) of this section for a control
device or capture system.
(d) For each sinter plant subject to the operating limit for the oil
content of the sinter plant feedstock in Sec.63.7790(d)(1), you must
demonstrate initial compliance according to the procedures in paragraphs
(d)(1) through (3) of this section.
(1) Sample the feedstock at least three times a day (once every 8
hours), composite the three samples each day, and analyze the composited
samples using Method 9071B, ``n-Hexane Extractable Material(HEM) for
Sludge, Sediment, and Solid Samples,'' (Revision 2, April 1998). Method
9071B is incorporated by reference (see Sec.63.14) and is published in
EPA Publication SW-846 ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods.'' Record the sampling date and time, oil
content values, and sinter produced (tons/day).
(2) Continue the sampling and analysis procedure for 30 consecutive
days.
(3) Each day, compute and record the 30-day rolling average using
that day's value and the 29 previous daily values.
(e) To demonstrate initial compliance with the alternative operating
limit for volatile organic compound emissions from the sinter plant
windbox exhaust stream in Sec.63.7790(d)(2), follow the test methods
and procedures in paragraphs (e)(1) through (5) of this section.
(1) Determine the volatile organic compound emissions according to
the following test methods in appendix A to part 60 of this chapter:
(i) Method 1 to select sampling port locations and the number of
traverse points. Sampling ports must be located at the outlet of the
control device and prior to any releases to the atmosphere.

[[Page 260]]

(ii) Method 2, 2F, or 2G to determine the volumetric flow rate of
the stack gas.
(iii) Method 3, 3A, or 3B to determine the dry molecular weight of
the stack gas.
(iv) Method 4 to determine the moisture content of the stack gas.
(v) Method 25 to determine the mass concentration of volatile
organic compound emissions (total gaseous nonmethane organics as carbon)
from the sinter plant windbox exhaust stream stack.
(2) Determine volatile organic compound (VOC) emissions every 24
hours (from at least three samples taken at 8-hour intervals) using
Method 25 in 40 CFR part 60, appendix A. Record the sampling date and
time, sampling results, and sinter produced (tons/day).
(3) Compute the process-weighted mass emissions (Ev) each
day using Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR20MY03.002

Where:

Ev = Process-weighted mass emissions of volatile organic
compounds, lb/ton;
Mc = Average concentration of total gaseous nonmethane
organics as carbon by Method 25 (40 CFR part 60, appendix A),
milligrams per dry standard cubic meters (mg/dscm) for each
day;
Q = Volumetric flow rate of stack gas, dscf/hr;
35.31 = Conversion factor (dscf/dscm);
454,000 = Conversion factor (mg/lb); and
K = Daily production rate of sinter, tons/hr.

(4) Continue the sampling and analysis procedures in paragraphs
(e)(1) through (3) of this section for 30 consecutive days.
(5) Compute and record the 30-day rolling average of VOC emissions
for each operating day.
(f) You may use an alternative test method to determine the oil
content of the sinter plant feedstock or the volatile organic compound
emissions from the sinter plant windbox exhaust stack if you have
already demonstrated the equivalency of the alternative method for a
specific plant and have received previous approval from the applicable
permitting authority.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39586, July 13, 2006]

Sec.63.7825 How do I demonstrate initial compliance with the emission
limitations that apply to me?

(a) For each affected source subject to an emission or opacity limit
in Table 1 to this subpart, you have demonstrated initial compliance if:
(1) You meet the conditions in Table 2 to this subpart; and
(2) For each capture system subject to the operating limit in Sec.
63.7790(b)(1), you have established appropriate site-specific operating
limit(s) and have a record of the operating parameter data measured
during the performance test in accordance with Sec.63.7824(a)(1); and
(3) For each venturi scrubber subject to the operating limits for
pressure drop and scrubber water flow rate in Sec.63.7790(b)(2), you
have established appropriate site-specific operating limits and have a
record of the pressure drop and scrubber water flow rate measured during
the performance test in accordance with Sec.63.7824(b).
(b) For each existing or new sinter plant subject to the operating
limit in Sec.63.7790(d)(1), you have demonstrated initial compliance
if the 30-day rolling average of the oil content of the feedstock,
measured during the initial performance test in accordance with Sec.
63.7824(d) is no more than 0.02 percent. For each existing or new sinter
plant subject to the alternative operating limit in Sec.63.7790(d)(2),
you have demonstrated initial compliance if the 30-day rolling average
of the volatile organic compound emissions from the sinter plant windbox
exhaust stream, measured during the initial performance test in
accordance with Sec.63.7824(e) is no more than 0.2 lb/ton of sinter
produced.
(c) For each emission limitation that applies to you, you must
submit a notification of compliance status according to Sec.
63.7840(e).

[68 FR 27663, May 20, 2003, as amended at 71 FR 39586, July 13, 2006]

Sec.63.7826 How do I demonstrate initial compliance with the
operation and maintenance requirements that apply to me?

(a) For a capture system applied to emissions from a sinter plant
discharge end or blast furnace casthouse or to secondary emissions from
a BOPF, you

[[Page 261]]

have demonstrated initial compliance if you meet all of the conditions
in paragraphs (a)(1) through (4) of this section.
(1) Prepared the capture system operation and maintenance plan
according to the requirements of Sec.63.7800(b), including monthly
inspection procedures and detailed descriptions of the operating
parameter(s) selected to monitor the capture system;
(2) Certified in your performance test report that the system
operated during the test at the operating limits established in your
operation and maintenance plan;
(3) Submitted a notification of compliance status according to the
requirements in Sec.63.7840(e), including a copy of the capture system
operation and maintenance plan and your certification that you will
operate the capture system at the values or settings established for the
operating limits in that plan; and
(4) Prepared a site-specific monitoring plan according to the
requirements in Sec.63.7831(a).
(b) For each control device subject to operating limits in Sec.
63.7790(b)(2) or (3), you have demonstrated initial compliance if you
meet all the conditions in paragraphs (b)(1) through (3) of this
section.
(1) Prepared the control device operation and maintenance plan
according to the requirements of Sec.63.7800(b), including a
preventative maintenance schedule and, as applicable, detailed
descriptions of the corrective action procedures for baghouses and other
control devices;
(2) Submitted a notification of compliance status according to the
requirements in Sec.63.7840(e), including a copy of the operation and
maintenance plan; and
(3) Prepared a site-specific monitoring plan according to the
requirements in Sec.63.7831(a).

[68 FR 27663, May 20, 2003, as amended at 71 FR 39586, July 13, 2006]

Continuous Compliance Requirements

Sec.63.7830 What are my monitoring requirements?

(a) For each capture system subject to an operating limit in Sec.
63.7790(b)(1) established in your capture system operation and
maintenance plan, you must install, operate, and maintain a CPMS
according to the requirements in Sec.63.7831(e) and the requirements
in paragraphs (a)(1) through (3) of this section.
(1) Dampers that are manually set and remain in the same position
are exempt from the requirement to install and operate a CPMS. If
dampers are not manually set and remain in the same position, you must
make a visual check at least once every 24 hours to verify that each
damper for the capture system is in the same position as during the
initial performance test.
(2) If you use a flow measurement device to monitor the operating
limit parameter for a sinter plant discharge end or blast furnace
casthouse, you must monitor the hourly average rate (e.g., the hourly
average actual volumetric flow rate through each separately ducted hood,
the average hourly total volumetric flow rate at the inlet to the
control device) according to the requirements in Sec.63.7832.
(3) If you use a flow measurement device to monitor the operating
limit parameter for a capture system applied to secondary emissions from
a BOPF, you must monitor the average rate for each steel production
cycle (e.g., the average actual volumetric flow rate through each
separately ducted hood for each steel production cycle, the average
total volumetric flow rate at the inlet to the control device for each
steel production cycle) according to the requirements in Sec.63.7832.
(b) Except as provided in paragraph (b)(3) of this section, you must
meet the requirements in paragraph (b)(1) or (2) of this section for
each baghouse applied to meet any particulate emission limit in Table 1
to this subpart. You must conduct inspections of each baghouse according
to the requirements in paragraph (b)(4) of this section.
(1) Install, operate, and maintain a bag leak detection system
according to Sec.63.7831(f) and monitor the relative change in
particulate matter loadings according to the requirements in Sec.
63.7832; or
(2) If you do not install and operate a bag leak detection system,
you must

[[Page 262]]

install, operate, and maintain a COMS according to the requirements in
Sec.63.7831(h) and monitor the hourly average opacity of emissions
exiting each control device stack according to the requirements in Sec.
63.7832.
(3) A bag leak detection system and COMS are not required for a
baghouse that meets the requirements in paragraphs (b)(3)(i) and (ii) of
this section.
(i) The baghouse is a positive pressure baghouse and is not equipped
with exhaust gas stacks; and
(ii) The baghouse was installed before August 30, 2005.
(4) You must conduct inspections of each baghouse at the specified
frequencies according to the requirements in paragraphs (b)(4)(i)
through (viii) of this section.
(i) Monitor the pressure drop across each baghouse cell each day to
ensure pressure drop is within the normal operating range identified in
the manual.
(ii) Confirm that dust is being removed from hoppers through weekly
visual inspections or other means of ensuring the proper functioning of
removal mechanisms.
(iii) Check the compressed air supply for pulse-jet baghouses each
day.
(iv) Monitor cleaning cycles to ensure proper operation using an
appropriate methodology.
(v) Check bag cleaning mechanisms for proper functioning through
monthly visual inspection or equivalent means.
(vi) Make monthly visual checks of bag tension on reverse air and
shaker-type baghouses to ensure that bags are not kinked (kneed or bent)
or laying on their sides. You do not have to make this check for shaker-
type baghouses using self-tensioning (spring-loaded) devices.
(vii) Confirm the physical integrity of the baghouse through
quarterly visual inspections of the baghouse interior for air leaks.
(viii) Inspect fans for wear, material buildup, and corrosion
through quarterly visual inspections, vibration detectors, or equivalent
means.
(c) For each venturi scrubber subject to the operating limits for
pressure drop and scrubber water flow rate in Sec.63.7790(b)(2), you
must install, operate, and maintain CPMS according to the requirements
in Sec.63.7831(g) and monitor the hourly average pressure drop and
water flow rate according to the requirements in Sec.63.7832.
(d) For each electrostatic precipitator subject to the opacity
operating limit in Sec.63.7790(b)(3), you must install, operate, and
maintain a COMS according to the requirements in Sec.63.7831(h) and
monitor the hourly average opacity of emissions exiting each control
device stack according to the requirements in Sec.63.7832.
(e) For each sinter plant subject to the operating limit in Sec.
63.7790(d), you must either:
(1) Compute and record the 30-day rolling average of the oil content
of the feedstock for each operating day using the procedures in Sec.
63.7824(d); or
(2) Compute and record the 30-day rolling average of the volatile
organic compound emissions (lbs/ton of sinter) for each operating day
using the procedures in Sec.63.7824(e).

[68 FR 27663, May 20, 2003, as amended at 71 FR 39586, July 13, 2006]

Sec.63.7831 What are the installation, operation, and maintenance
requirements for my monitors?

(a) For each CPMS required in Sec.63.7830, you must develop and
make available for inspection upon request by the permitting authority a
site-specific monitoring plan that addresses the requirements in
paragraphs (a)(1) through (8) of this section.
(1) Installation of the CPMS sampling probe or other interface at a
measurement location relative to each affected process unit such that
the measurement is representative of control of the exhaust emissions
(e.g., on or downstream of the last control device);
(2) Performance and equipment specifications for the sample
interface, the parametric signal analyzer, and the data collection and
reduction system;
(3) Performance evaluation procedures and acceptance criteria (e.g.,
calibrations);
(4) Ongoing operation and maintenance procedures in accordance with
the general requirements of Sec. Sec.63.8(c)(1), (c)(3), (c)(4)(ii),
(c)(7), and (c)(8);

[[Page 263]]

(5) Ongoing data quality assurance procedures in accordance with the
general requirements of Sec.63.8(d);
(6) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec. Sec.63.10(c), (e)(1), and
(e)(2)(i);
(7) Corrective action procedures you will follow in the event a
venturi scrubber exceeds the operating limit in Sec.63.7790(b)(2); and
(8) Corrective action procedures you will follow in the event an
electrostatic precipitator exceeds the operating limit in Sec.
63.7790(b)(3).
(b) Unless otherwise specified, each CPMS must:
(1) Complete a minimum of one cycle of operation for each successive
15-minute period and collect a minimum of three of the required four
data points to constitute a valid hour of data;
(2) Provide valid hourly data for at least 95 percent of every
averaging period; and
(3) Determine and record the hourly average of all recorded
readings.
(c) You must conduct a performance evaluation of each CPMS in
accordance with your site-specific monitoring plan.
(d) You must operate and maintain the CPMS in continuous operation
according to the site-specific monitoring plan.
(e) For each capture system subject to an operating limit in Sec.
63.7790(b)(1), you must install, operate, and maintain each CPMS
according to the requirements in paragraphs (a) through (d) of this
section.
(f) For each baghouse equipped with a bag leak detection system
according to Sec.63.7830(b)(1), you must install, operate, and
maintain the bag leak detection system according to the requirements in
paragraphs (f)(1) through (7) of this section.
(1) The system must be certified by the manufacturer to be capable
of detecting emissions of particulate matter at concentrations of 10
milligrams per actual cubic meter (0.0044 grains per actual cubic foot)
or less.
(2) The system must provide output of relative changes in
particulate matter loadings.
(3) The system must be equipped with an alarm that will sound when
an increase in relative particulate loadings is detected over a preset
level. The alarm must be located such that it can be heard by the
appropriate plant personnel.
(4) Each system that works based on the triboelectric effect must be
installed, operated, and maintained in a manner consistent with the
guidance document, ``Fabric Filter Bag Leak Detection Guidance,'' EPA-
454/R-98-015, September 1997. You may install, operate, and maintain
other types of bag leak detection systems in a manner consistent with
the manufacturer's written specifications and recommendations.
(5) To make the initial adjustment of the system, establish the
baseline output by adjusting the sensitivity (range) and the averaging
period of the device. Then, establish the alarm set points and the alarm
delay time.
(6) Following the initial adjustment, do not adjust the sensitivity
or range, averaging period, alarm set points, or alarm delay time,
except as detailed in your operation and maintenance plan. Do not
increase the sensitivity by more than 100 percent or decrease the
sensitivity by more than 50 percent over a 365-day period unless a
responsible official certifies, in writing, that the baghouse has been
inspected and found to be in good operating condition.
(7) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
(g) For each venturi scrubber subject to operating limits in Sec.
63.7790(b)(2) for pressure drop and scrubber water flow rate, you must
install, operate, and maintain each CPMS according to the requirements
in paragraphs (a) through (d) of this section.
(h) For each electrostatic precipitator subject to the opacity
operating limit in Sec.63.7790(b)(3) and each baghouse equipped with a
COMS according to Sec.63.7830(b)(2), you must install, operate, and
maintain each COMS according to the requirements in paragraphs (h)(1)
through (4) of this section.

[[Page 264]]

(1) You must install, operate, and maintain each COMS according to
Performance Specification 1 in 40 CFR part 60, appendix B.
(2) You must conduct a performance evaluation of each COMS according
to Sec.63.8 and Performance Specification 1 in appendix B to 40 CFR
part 60.
(3) Each COMS must complete a minimum of one cycle of sampling and
analyzing for each successive 10-second period and one cycle of data
recording for each successive 6-minute period.
(4) COMS data must be reduced to 6-minute averages as specified in
Sec.63.8(g)(2) and to hourly averages where required by this subpart.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39587, July 13, 2006]

Sec.63.7832 How do I monitor and collect data to demonstrate
continuous compliance?

(a) Except for monitoring malfunctions, out-of-control periods as
specified in Sec.63.8(c)(7), associated repairs, and required quality
assurance or control activities (including as applicable, calibration
checks and required zero and span adjustments), you must monitor
continuously (or collect data at all required intervals) at all times an
affected source is operating.
(b) You may not use data recorded during monitoring malfunctions,
associated repairs, and required quality assurance or control activities
in data averages and calculations used to report emission or operating
levels or to fulfill a minimum data availability requirement, if
applicable. You must use all the data collected during all other periods
in assessing compliance.
(c) A monitoring malfunction is any sudden, infrequent, not
reasonably preventable failure of the monitoring to provide valid data.
Monitoring failures that are caused in part by poor maintenance or
careless operation are not malfunctions.

Sec.63.7833 How do I demonstrate continuous compliance with the emission limitations that apply to me?

(a) You must demonstrate continuous compliance for each affected
source subject to an emission or opacity limit in Sec.63.7790(a) by
meeting the requirements in Table 3 to this subpart.
(b) You must demonstrate continuous compliance for each capture
system subject to an operating limit in Sec.63.7790(b)(1) by meeting
the requirements in paragraphs (b)(1) and (2) of this section.
(1) Operate the capture system at or above the lowest values or
settings established for the operating limits in your operation and
maintenance plan; and
(2) Monitor the capture system according to the requirements in
Sec.63.7830(a) and collect, reduce, and record the monitoring data for
each of the operating limit parameters according to the applicable
requirements of this subpart;
(c) For each baghouse applied to meet any particulate emission limit
in Table 1 to this subpart, you must demonstrate continuous compliance
by meeting the requirements in paragraph (c)(1) or (2) of this section
as applicable, and paragraphs (c)(3) and (4) of this section:
(1) For a baghouse equipped with a bag leak detection system,
operating and maintaining each bag leak detection system according to
Sec.63.7831(f) and recording all information needed to document
conformance with these requirements. If you increase or decrease the
sensitivity of the bag leak detection system beyond the limits specified
in Sec.63.7831(f)(6), you must include a copy of the required written
certification by a responsible official in the next semiannual
compliance report.
(2) For a baghouse equipped with a COMS, operating and maintaining
each COMS and reducing the COMS data according to Sec.63.7831(h).
(3) Inspecting each baghouse according to the requirements in Sec.
63.7830(b)(4) and maintaining all records needed to document conformance
with these requirements.
(4) Maintaining records of the time you initiated corrective action
in the event of a bag leak detection system alarm or when the hourly
average opacity exceeded 5 percent, the corrective action(s) taken, and
the date on which corrective action was completed.
(d) For each venturi scrubber subject to the operating limits for
pressure

[[Page 265]]

drop and scrubber water flow rate in Sec.63.7790(b)(2), you must
demonstrate continuous compliance by meeting the requirements of
paragraphs (d)(1) through (4) of this section:
(1) Maintaining the hourly average pressure drop and scrubber water
flow rate at levels no lower than those established during the initial
or subsequent performance test;
(2) Operating and maintaining each venturi scrubber CPMS according
to Sec.63.7831(g) and recording all information needed to document
conformance with these requirements; and
(3) Collecting and reducing monitoring data for pressure drop and
scrubber water flow rate according to Sec.63.7831(b) and recording all
information needed to document conformance with these requirements.
(4) If the hourly average pressure drop or scrubber water flow rate
is below the operating limits, you must follow the corrective action
procedures in paragraph (g) of this section.
(e) For each electrostatic precipitator subject to the opacity
operating limit in Sec.63.7790(b)(3), you must demonstrate continuous
compliance by meeting the requirements of paragraphs (e)(1) through (3)
of this section:
(1) Maintaining the hourly average opacity of emissions no higher
than 10 percent; and
(2) Operating and maintaining each COMS and reducing the COMS data
according to Sec.63.7831(h).
(3) If the hourly average opacity of emissions exceeds 10 percent,
you must follow the corrective action procedures in paragraph (g) of
this section.
(f) For each new or existing sinter plant subject to the operating
limit in Sec.63.7790(d), you must demonstrate continuous compliance by
either:
(1) For the sinter plant feedstock oil content operating limit in
Sec.63.7790(d)(1),
(i) Computing and recording the 30-day rolling average of the
percent oil content for each operating day according to the performance
test procedures in Sec.63.7824(d);
(ii) Recording the sampling date and time, oil content values, and
sinter produced (tons/day); and
(iii) Maintaining the 30-day rolling average oil content of the
feedstock no higher than 0.02 percent.
(2) For the volatile organic compound operating limit in Sec.
63.7790(d)(2),
(i) Computing and recording the 30-day rolling average of the
volatile organic compound emissions for each operating day according to
the performance test procedures in Sec.63.7824(e);
(ii) Recording the sampling date and time, sampling values, and
sinter produced (tons/day); and
(iii) Maintaining the 30-day rolling average of volatile organic
compound emissions no higher than 0.2 lb/ton of sinter produced.
(g) If the hourly average pressure drop or water flow rate for a
venturi scrubber or hourly average opacity for an electrostatic
precipitator exceeds the operating limit, you must follow the procedures
in paragraphs (g)(1) through (4) of this section.
(1) You must initiate corrective action to determine the cause of
the exceedance within 1 hour. During any period of corrective action,
you must continue to monitor and record all required operating
parameters for equipment that remains in operation. Within 24 hours of
the exceedance, you must measure and record the hourly average operating
parameter value for the emission unit on which corrective action was
taken. If the hourly average parameter value meets the applicable
operating limit, then the corrective action was successful and the
emission unit is in compliance with the applicable operating limit.
(2) If the initial corrective action required in paragraph (g)(1) of
this section was not successful, you must complete additional corrective
action within the next 24 hours (48 hours from the time of the
exceedance). During any period of corrective action, you must continue
to monitor and record all required operating parameters for equipment
that remains in operation. After this second 24-hour period, you must
again measure and record the hourly average operating parameter value
for the emission unit on which corrective action was taken. If the
hourly average parameter value meets the applicable operating limit,
then the corrective action was successful and the emission

[[Page 266]]

unit is in compliance with the applicable operating limit.
(3) For purposes of paragraphs (g)(1) and (2) of this section, in
the case of an exceedance of the hourly average opacity operating limit
for an electrostatic precipitator, measurements of the hourly average
opacity based on visible emission observations in accordance with Method
9 (40 CFR part 60, appendix A) may be taken to evaluate the
effectiveness of corrective action.
(4) If the second attempt at corrective action required in paragraph
(g)(2) of this section was not successful, you must report the
exceedance as a deviation in your next semiannual compliance report
according to Sec.63.7841(b).

[68 FR 27663, May 20, 2003, as amended at 71 FR 39587, July 13, 2006]

Sec.63.7834 How do I demonstrate continuous compliance with the
operation and maintenance requirements that apply to me?

(a) For each capture system and control device subject to an
operating limit in Sec.63.7790(b), you must demonstrate continuous
compliance with the operation and maintenance requirements in Sec.
63.7800(b) by meeting the requirements of paragraphs (a)(1) through (4)
of this section:
(1) Making monthly inspections of capture systems and initiating
corrective action according to Sec.63.7800(b)(1) and recording all
information needed to document conformance with these requirements;
(2) Performing preventative maintenance according to Sec.
63.7800(b)(2) and recording all information needed to document
conformance with these requirements;
(3) Initiating and completing corrective action for a baghouse
equipped with a bag leak detection system or COMS according to Sec.
63.7800(b)(4) and recording all information needed to document
conformance with these requirements, including the time you initiated
corrective action, the corrective action(s) taken, and date on which
corrective action was completed.
(4) Initiating and completing corrective action for a venturi
scrubber equipped with a CPMS or an electrostatic precipitator equipped
with a COMS according to Sec.63.7833(g) and recording all information
needed to document conformance with these requirements, including the
time you initiated corrective action, the corrective action(s) taken
within the first 24 hours according to Sec.63.7833(g)(1) and whether
they were successful, the corrective action(s) taken within the second
24 hours according to Sec.63.7833(g)(2) and whether they were
successful, and the date on which corrective action was completed.
(b) You must maintain a current copy of the operation and
maintenance plan required in Sec.63.7800(b) onsite and available for
inspection upon request. You must keep the plans for the life of the
affected source or until the affected source is no longer subject to the
requirements of this subpart.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39588, July 13, 2006]

Sec.63.7835 What other requirements must I meet to demonstrate
continuous compliance?

(a) Deviations. Except as provided in Sec.63.7833(g), you must
report each instance in which you did not meet each emission limitation
in Sec.63.7790 that applies to you. This includes periods of startup,
shutdown, and malfunction. You also must report each instance in which
you did not meet each operation and maintenance requirement in Sec.
63.7800 that applies to you. These instances are deviations from the
emission limitations and operation and maintenance requirements in this
subpart. These deviations must be reported according to the requirements
in Sec.63.7841.
(b) Startups, shutdowns, and malfunctions. (1) Consistent with
Sec. Sec.63.6(e) and 63.7(e)(1), deviations that occur during a period
of startup, shutdown, or malfunction are not violations if you
demonstrate to the Administrator's satisfaction that you were operating
in accordance with Sec.63.6(e)(1).
(2) The Administrator will determine whether deviations that occur
during a period of startup, shutdown, or malfunction are violations,
according to the provisions in Sec.63.6(e).

[68 FR 27663, May 20, 2003, as amended at 71 FR 20468, Apr. 20, 2006; 71
FR 39588, July 13, 2006]

[[Page 267]]

Notifications, Reports, and Records

Sec.63.7840 What notifications must I submit and when?

(a) You must submit all of the notifications in Sec. Sec.
63.6(h)(4) and (5), 63.7(b) and (c), 63.8(e) and (f)(4), and 63.9(b)
through (h) that apply to you by the specified dates.
(b) As specified in Sec.63.9(b)(2), if you startup your affected
source before May 20, 2003, you must submit your initial notification no
later than September 17, 2003.
(c) As specified in Sec.63.9(b)(3), if you start your new affected
source on or after May 20, 2003, you must submit your initial
notification no later than 120 calendar days after you become subject to
this subpart.
(d) If you are required to conduct a performance test, you must
submit a notification of intent to conduct a performance test at least
60 calendar days before the performance test is scheduled to begin as
required in Sec.63.7(b)(1).
(e) If you are required to conduct a performance test, opacity
observation, or other initial compliance demonstration, you must submit
a notification of compliance status according to Sec.63.9(h)(2)(ii).
(1) For each initial compliance demonstration that does not include
a performance test, you must submit the notification of compliance
status before the close of business on the 30th calendar day following
completion of the initial compliance demonstration.
(2) For each initial compliance demonstration that does include a
performance test, you must submit the notification of compliance status,
including the performance test results, before the close of business on
the 60th calendar day following the completion of the performance test
according to Sec.63.10(d)(2).

Sec.63.7841 What reports must I submit and when?

[[Page 268]]

(5) If there were no deviations from the continuous compliance
requirements in Sec. Sec.63.7833 and 63.7834 that apply to you, a
statement that there were no deviations from the emission limitations or
operation and maintenance requirements during the reporting period.
(6) If there were no periods during which a continuous monitoring
system (including a CPMS, COMS, or continuous emission monitoring system
(CEMS) was out-of-control as specified in Sec.63.8(c)(7), a statement
that there were no periods during which the CPMS was out-of-control
during the reporting period.
(7) For each deviation from an emission limitation in Sec.63.7790
that occurs at an affected source where you are not using a continuous
monitoring system (including a CPMS, COMS, or CEMS) to comply with an
emission limitation in this subpart, the compliance report must contain
the information in paragraphs (b)(1) through (4) of this section and the
information in paragraphs (b)(7)(i) and (ii) of this section. This
includes periods of startup, shutdown, and malfunction.
(i) The total operating time of each affected source during the
reporting period.
(ii) Information on the number, duration, and cause of deviations
(including unknown cause, if applicable) as applicable and the
corrective action taken.
(8) For each deviation from an emission limitation occurring at an
affected source where you are using a continuous monitoring system
(including a CPMS or COMS) to comply with the emission limitation in
this subpart, you must include the information in paragraphs (b)(1)
through (4) of this section and the information in paragraphs (b)(8)(i)
through (xi) of this section. This includes periods of startup,
shutdown, and malfunction.
(i) The date and time that each malfunction started and stopped.
(ii) The date and time that each continuous monitoring was
inoperative, except for zero (low-level) and high-level checks.
(iii) The date, time, and duration that each continuous monitoring
system was out-of-control as specified in Sec.63.8(c)(7), including
the information in Sec.63.8(c)(8).
(iv) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of startup, shutdown, or
malfunction or during another period.
(v) A summary of the total duration of the deviation during the
reporting period and the total duration as a percent of the total source
operating time during that reporting period.
(vi) A breakdown of the total duration of the deviations during the
reporting period including those that are due to startup, shutdown,
control equipment problems, process problems, other known causes, and
other unknown causes.
(vii) A summary of the total duration of continuous monitoring
system downtime during the reporting period and the total duration of
continuous monitoring system downtime as a percent of the total source
operating time during the reporting period.
(viii) A brief description of the process units.
(ix) A brief description of the continuous monitoring system.
(x) The date of the latest continuous monitoring system
certification or audit.
(xi) A description of any changes in continuous monitoring systems,
processes, or controls since the last reporting period.
(c) Immediate startup, shutdown, and malfunction report. If you had
a startup, shutdown, or malfunction during the semiannual reporting
period that was not consistent with your startup, shutdown, and
malfunction plan, you must submit an immediate startup, shutdown, and
malfunction report according to the requirements in Sec.
63.10(d)(5)(ii).
(d) Part 70 monitoring report. If you have obtained a title V
operating permit for an affected source pursuant to 40 CFR part 70 or
71, you must report all deviations as defined in this subpart in the
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40
CFR 71.6(a)(3)(iii)(A). If you submit a compliance report for an
affected source along with, or as part of, the semiannual monitoring
report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR

[[Page 269]]

71.6(a)(3)(iii)(A), and the compliance report includes all the required
information concerning deviations from any emission limitation or
operation and maintenance requirement in this subpart, submission of the
compliance report satisfies any obligation to report the same deviations
in the semiannual monitoring report. However, submission of a compliance
report does not otherwise affect any obligation you may have to report
deviations from permit requirements for an affected source to your
permitting authority.

Sec.63.7842 What records must I keep?

(a) You must keep the following records:
(1) A copy of each notification and report that you submitted to
comply with this subpart, including all documentation supporting any
initial notification or notification of compliance status that you
submitted, according to the requirements in Sec.63.10(b)(2)(xiv).
(2) The records in Sec.63.6(e)(3)(iii) through (v) related to
startup, shutdown, and malfunction.
(3) Records of performance tests, performance evaluations, and
opacity observations as required in Sec.63.10(b)(2)(viii).
(b) For each COMS, you must keep the records specified in paragraphs
(b)(1) through (4) of this section.
(1) Records described in Sec.63.10(b)(2)(vi) through (xi).
(2) Monitoring data for a performance evaluation as required in
Sec.63.6(h)(7)(i) and (ii).
(3) Previous (that is, superceded) versions of the performance
evaluation plan as required in Sec.63.8(d)(3).
(4) Records of the date and time that each deviation started and
stopped, and whether the deviation occurred during a period of startup,
shutdown, or malfunction or during another period.
(c) You must keep the records required in Sec.63.6(h)(6) for
visual observations.
(d) You must keep the records required in Sec. Sec.63.7833 and
63.7834 to show continuous compliance with each emission limitation and
operation and maintenance requirement that applies to you.

Sec.63.7843 In what form and how long must I keep my records?

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

Other Requirements and Information

Sec.63.7850 What parts of the General Provisions apply to me?

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

Sec.63.7851 Who implements and enforces this subpart?

[[Page 270]]

(2) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec.63.90, except for
approval of an alternative method for the oil content of the sinter
plant feedstock or volatile organic compound measurements for the sinter
plant windbox exhaust stream stack as provided in Sec.63.7824(f).
(3) Approval of major alternatives to monitoring under Sec.63.8(f)
and as defined in Sec.63.90.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec.63.10(f) and as defined in Sec.63.90.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39588, July 13, 2006]

Sec.63.7852 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in
Sec.63.2, and in this section as follows.
Bag leak detection system means a system that is capable of
continuously monitoring relative particulate matter (dust) loadings in
the exhaust of a baghouse to detect bag leaks and other upset
conditions. A bag leak detection system includes, but is not limited to,
an instrument that operates on tribroelectric, light scattering, light
transmittance, or other effect to continuously monitor relative
particulate matter loadings.
Basic oxygen process furnace means any refractory-lined vessel in
which high-purity oxygen is blown under pressure through a bath of
molten iron, scrap metal, and fluxes to produce steel. This definition
includes both top and bottom blown furnaces, but does not include argon
oxygen decarburization furnaces.
Basic oxygen process furnace shop means the place where steelmaking
operations that begin with the transfer of molten iron (hot metal) from
the torpedo car and end prior to casting the molten steel, including hot
metal transfer, desulfurization, slag skimming, refining in a basic
oxygen process furnace, and ladle metallurgy occur.
Basic oxygen process furnace shop ancillary operations means the
processes where hot metal transfer, hot metal desulfurization, slag
skimming, and ladle metallurgy occur.
Blast furnace means a furnace used for the production of molten iron
from iron ore and other iron bearing materials.
Bottom-blown furnace means any basic oxygen process furnace in which
oxygen and other combustion gases are introduced into the bath of molten
iron through tuyeres in the bottom of the vessel or through tuyeres in
the bottom and sides of the vessel.
Casthouse means the building or structure that encloses the bottom
portion of a blast furnace where the hot metal and slag are tapped from
the furnace.
Certified observer means a visible emission observer certified to
perform EPA Method 9 opacity observations.
Desulfurization means the process in which reagents such as
magnesium, soda ash, and lime are injected into the hot metal, usually
with dry air or nitrogen, to remove sulfur.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limitation (including
operating limits) or operation and maintenance requirement;
(2) Fails to meet any term or condition that is adopted to implement
an applicable requirement in this subpart and that is included in the
operating permit for any affected source required to obtain such a
permit; or
(3) Fails to meet any emission limitation in this subpart during
startup, shutdown, or malfunction, regardless of whether or not such
failure is permitted by this subpart.
Discharge end means the place where those operations conducted
within the sinter plant starting at the discharge of the sintering
machine's traveling grate including (but not limited to) hot sinter
crushing, screening, and transfer operations occur.
Emission limitation means any emission limit, opacity limit, or
operating limit.
Hot metal transfer station means the location in a basic oxygen
process furnace shop where molten iron (hot metal) is transferred from a
torpedo

[[Page 271]]

car or hot metal car used to transport hot metal from the blast furnace
casthouse to a holding vessel or ladle in the basic oxygen process
furnace shop. This location also is known as the reladling station or
ladle transfer station.
Integrated iron and steel manufacturing facility means an
establishment engaged in the production of steel from iron ore.
Ladle metallurgy means a secondary steelmaking process that is
performed typically in a ladle after initial refining in a basic oxygen
process furnace to adjust or amend the chemical and/or mechanical
properties of steel. This definition does not include vacuum degassing.
Primary emissions means particulate matter emissions from the basic
oxygen process furnace generated during the steel production cycle which
are captured and treated in the furnace's primary emission control
system.
Primary emission control system means the combination of equipment
used for the capture and collection of primary emissions (e.g., an open
hood capture system used in conjunction with an electrostatic
precipitator or a closed hood system used in conjunction with a
scrubber).
Primary oxygen blow means the period in the steel production cycle
of a basic oxygen process furnace during which oxygen is blown through
the molten iron bath by means of a lance inserted from the top of the
vessel (top-blown) or through tuyeres in the bottom and/or sides of the
vessel (bottom-blown).
Responsible official means responsible official as defined in Sec.
63.2.
Secondary emissions means particulate matter emissions that are not
controlled by a primary emission control system, including emissions
that escape from open and closed hoods, lance hole openings, and gaps or
tears in ductwork to the primary emission control system.
Secondary emission control system means the combination of equipment
used for the capture and collection of secondary emissions from a basic
oxygen process furnace.
Sinter cooler means the apparatus used to cool the hot sinter
product that is transferred from the discharge end through contact with
large volumes of induced or forced draft air.
Sinter plant means the machine used to produce a fused clinker-like
aggregate or sinter of fine iron-bearing materials suited for use in a
blast furnace. The machine is composed of a continuous traveling grate
that conveys a bed of ore fines and other finely divided iron-bearing
material and fuel (typically coke breeze), a burner at the feed end of
the grate for ignition, and a series of downdraft windboxes along the
length of the strand to support downdraft combustion and heat sufficient
to produce a fused sinter product.
Skimming station means the locations inside a basic oxygen process
furnace shop where slag is removed from the top of the molten metal
bath.
Steel production cycle means the operations conducted within the
basic oxygen process furnace shop that are required to produce each
batch of steel. The following operations are included: scrap charging,
preheating (when done), hot metal charging, primary oxygen blowing,
sampling, (vessel turndown and turnup), additional oxygen blowing (when
done), tapping, and deslagging. The steel production cycle begins when
the scrap is charged to the furnace and ends after the slag is emptied
from the vessel into the slag pot.
Top-blown furnace means any basic oxygen process furnace in which
oxygen is introduced into the bath of molten iron by means of an oxygen
lance inserted from the top of the vessel.
Windboxes means the compartments that provide for a controlled
distribution of downdraft combustion air as it is drawn through the
sinter bed of a sinter plant to make the fused sinter product.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39588, July 13, 2006]

Sec. Table 1 to Subpart FFFFF of Part 63--Emission and Opacity Limits

As required in Sec.63.7790(a), you must comply with each
applicable emission and opacity limit in the following table:

[[Page 272]]

----------------------------------------------------------------------------------------------------------------
You must comply with each of the
For . . . following . . .
----------------------------------------------------------------------------------------------------------------
1. Each windbox exhaust stream at an existing sinter plant................. You must not cause to be discharged
to the atmosphere any gases that
contain particulate matter in
excess of 0.4 lb/ton of product
sinter.
2. Each windbox exhaust stream at a new sinter plant....................... You must not cause to be discharged
to the atmosphere any gases that
contain particulate matter in
excess of 0.3 lb/ton of product
sinter.
3. Each discharge end at an existing sinter plant.......................... a. You must not cause to be
discharged to the atmosphere any
gases that exit from one or more
control devices that contain, on a
flow-weighted basis, particulate
matter in excess of 0.02 gr/dscf
\1\ \2\; and
b. You must not cause to be
discharged to the atmosphere any
secondary emissions that exit any
opening in the building or
structure housing the discharge
end that exhibit opacity greater
than 20 percent (6-minute
average).
4. Each discharge end at a new sinter plant................................ a. You must not cause to be
discharged to the atmosphere any
gases that exit from one or more
control devices that contain, on a
flow weighted basis, particulate
matter in excess of 0.01 gr/dscf;
and
b. You must not cause to be
discharged to the atmosphere any
secondary emissions that exit any
opening in the building or
structure housing the discharge
end that exhibit opacity greater
than 10 percent (6-minute
average).
5. Each sinter cooler at an existing sinter plant.......................... You must not cause to be discharged
to the atmosphere any emissions
that exhibit opacity greater than
10 percent (6-minute average).
6. Each sinter cooler at a new sinter plant................................ You must not cause to be discharged
to the atmosphere any gases that
contain particulate matter in
excess of 0.01 gr/dscf.
7. Each casthouse at an existing blast furnace............................. a. You must not cause to be
discharged to the atmosphere any
gases that exit from a control
device that contain particulate
matter in excess of 0.01 gr/dscf
\2\; and
b. You must not cause to be
discharged to the atmosphere any
secondary emissions that exit any
opening in the casthouse or
structure housing the blast
furnace that exhibit opacity
greater than 20 percent (6-minute
average).
8. Each casthouse at a new blast furnace................................... a. You must not cause to be
discharged to the atmosphere any
gases that exit from a control
device that contain particulate
matter in excess of 0.003 gr/dscf;
and
b. You must not cause to be
discharged to the atmosphere any
secondary emissions that exit any
opening in the casthouse or
structure housing the blast
furnace that exhibit opacity
greater than 15 percent (6-minute
average).
9. Each BOPF at a new or existing shop..................................... a. You must not cause to be
discharged to the atmosphere any
gases that exit from a primary
emission control system for a BOPF
with a closed hood system at a new
or existing BOPF shop that
contain, on a flow-weighted basis,
particulate matter in excess of
0.03 gr/dscf during the primary
oxygen blow \2\ \3\; and
b. You must not cause to be
discharged to the atmosphere any
gases that exit from a primary
emission control system for a BOPF
with an open hood system that
contain, on a flow-weighted basis,
particulate matter in excess of
0.02 gr/dscf during the steel
production cycle for an existing
BOPF shop \2\ \3\ or 0.01 gr/dscf
during the steel production cycle
for a new BOPF shop \3\; and
c. You must not cause to be
discharged to the atmosphere any
gases that exit from a control
device used solely for the
collection of secondary emissions
from the BOPF that contain
particulate matter in excess of
0.01 gr/dscf for an existing BOPF
shop \2\ or 0.0052 gr/dscf for a
new BOPF shop.
10. Each hot metal transfer, skimming, and desulfurization operation at a You must not cause to be discharged
new or existing BOPF shop. to the atmosphere any gases that
exit from a control device that
contain particulate matter in
excess of 0.01 gr/dscf for an
existing BOPF shop \2\ or 0.003 gr/
dscf for a new BOPF shop.
11. Each ladle metallurgy operation at a new or existing BOPF shop......... You must not cause to be discharged
to the atmosphere any gases that
exit from a control device that
contain particulate matter in
excess of 0.01 gr/dscf for an
existing BOPF shop \2\ or 0.004 gr/
dscf for a new BOPF shop.
12. Each roof monitoring at an existing BOPF shop.......................... You must not cause to be discharged
to the atmosphere any secondary
emissions that exit any opening in
the BOPF shop or any other
building housing the BOPF or BOPF
shop operation that exhibit
opacity greater than 20 percent (3-
minute average).

[[Page 273]]

13. Each roof monitor at a new BOPF shop................................... a. You must not cause to be
discharged to the atmosphere any
secondary emissions that exit any
opening in the BOPF shop or other
building housing a bottom-blown
BOPF or BOPF shop operations that
exhibit opacity (for any set of 6-
minute averages) greater than 10
percent, except that one 6-minute
period not to exceed 20 percent
may occur once per steel
production cycle; or
b. You must not cause to be
discharged to the atmosphere any
secondary emissions that exit any
opening in the BOPF shop or other
building housing a top-blown BOPF
or BOPF shop operations that
exhibit opacity (for any set of 3-
minute averages) greater than 10
percent, except that one 3-minute
period greater than 10 percent but
less than 20 percent may occur
once per steel production cycle.
----------------------------------------------------------------------------------------------------------------
\1\ This limit applies if the cooler is vented to the same control device as the discharge end.
\2\ This concentration limit (gr/dscf) for a control device does not apply to discharges inside a building or
structure housing the discharge end at an existing sinter plant, inside a casthouse at an existing blast
furnace, or inside an existing BOPF shop if the control device was installed before August 30, 2005.
\3\ This limit applies to control devices operated in parallel for a single BOPF during the oxygen blow.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39588, July 13, 2006]

Sec. Table 2 to Subpart FFFFF of Part 63--Initial Compliance With
Emission and Opacity Limits

As required in Sec.63.7825(a)(1), you must demonstrate initial
compliance with the emission and opacity limits according to the
following table:

----------------------------------------------------------------------------------------------------------------
You have demonstrated initial
For . . . compliance if . . .
----------------------------------------------------------------------------------------------------------------
1. Each windbox exhaust stream at an existing sinter plant................. The process-weighted mass rate of
particulate matter from a windbox
exhaust stream, measured according
to the performance test procedures
in Sec. 63.7822(c), did not
exceed 0.4 lb/ton of product
sinter.
2. Each windbox exhaust stream at a new sinter plant....................... The process-weighted mass rate of
particulate matter from a windbox
exhaust stream, measured according
to the performance test procedures
in Sec. 63.7822(c), did not
exceed 0.3 lb/ton of product
sinter.
3. Each discharge end at an existing sinter plant.......................... a. The flow-weighted average
concentration of particulate
matter from one or more control
devices applied to emissions from
a discharge end, measured
according to the performance test
procedures in Sec. 63.7822(d),
did not exceed 0.02 gr/dscf; and
b. The opacity of secondary
emissions from each discharge end,
determined according to the
performance test procedures in
Sec. 63.7823(c), did not exceed
20 percent (6-minute average).
4. Each discharge end at a new sinter plant................................ a. The flow-weighted average
concentration of particulate
matter from one or more control
devices applied to emissions from
a discharge end, measured
according to the performance test
procedures in Sec. 63.7822(d),
did not exceed 0.01 gr/dscf; and
b. The opacity of secondary
emissions from each discharge end,
determined according to the
performance test procedures in
Sec. 63.7823(c), did not exceed
10 percent (6-minute average).
5. Each sinter cooler at an existing sinter plant.......................... The opacity of emissions,
determined according to the
performance test procedures in
Sec. 63.7823(e), did not exceed
10 percent (6-minute average).
6. Each sinter cooler at a new sinter plant................................ The average concentration of
particulate matter, measured
according to the performance test
procedures in Sec. 63.7822(b),
did not exceed 0.01 gr/dscf.
7. Each casthouse at an existing blast furnace............................. a. The average concentration of
particulate matter from a control
device applied to emissions from a
casthouse, measured according to
the performance test procedures in
Sec. 63.7822(e), did not exceed
0.01 gr/dscf; and
b. The opacity of secondary
emissions from each casthouse,
determined according to the
performance test procedures in
Sec. 63.7823(c), did not exceed
20 percent (6-minute average).

[[Page 274]]

8. Each casthouse at a new blast furnace................................... a. The average concentration of
particulate matter from a control
device applied to emissions from a
casthouse, measured according to
the performance test procedures in
Sec. 63.7822(e), did not exceed
0.003 gr/dscf; and
b. The opacity of secondary
emissions from each casthouse,
determined according to the
performance test procedures in
Sec. 63.7823(c), did not exceed
15 percent (6-minute average).
9. Each BOPF at a new or existing BOPF shop................................ a. The average concentration of
particulate matter from a primary
emission control system applied to
emissions from a BOPF with a
closed hood system, measured
according to the performance test
procedures in Sec. 63.7822(f),
did not exceed 0.03 gr/dscf for a
new or existing BOPF shop;
b. The average concentration of
particulate matter from a primary
emission control system applied to
emissions from a BOPF with an open
hood system, measured according to
the performance test procedures in
Sec. 63.7822(g), did not exceed
0.02 gr/dscf for an existing BOPF
shop or 0.01 gr/dscf for a new
BOPF shop; and
c. The average concentration of
particulate matter from a control
device applied solely to secondary
emissions from a BOPF, measured
according to the performance test
procedures in Sec. 63.7822(g),
did not exceed 0.01 gr/dscf for an
existing BOPF shop or 0.0052 gr/
dscf for a new BOPF shop.
10. Each hot metal transfer skimming, and desulfurization at a new or The average concentration of
existing BOPF shop. particulate matter from a control
device applied to emissions from
hot metal transfer, skimming, or
desulfurization, measured
according to the performance test
procedures in Sec. 63.7822(h),
did not exceed 0.01 gr/dscf for an
existing BOPF shop or 0.003 gr/
dscf for a new BOPF shop.
11. Each ladle metallurgy operation at a new or existing BOPF shop......... The average concentration of
particulate matter from a control
device applied to emissions from a
ladle metallurgy operation,
measured according to the
performance test procedures in
Sec. 63.7822(h), did not exceed
0.01 gr/dscf for an existing BOPF
shop or 0.004 gr/dscf for a new
BOPF shop.
12. Each roof monitor at an existing BOPF shop............................. The opacity of secondary emissions
from each BOPF shop, determined
according to the performance test
procedures in Sec. 63.7823(d),
did not exceed 20 percent (3-
minute average).
13. Each roof monitor at a new BOPF shop................................... a. The opacity of the highest set
of 6-minute averages from each
BOPF shop housing a bottom-blown
BOPF, determined according to the
performance test procedures in
Sec. 63.7823(d), did not exceed
20 percent and the second highest
set of 6-minute averages did not
exceed 10 percent; or
b. The opacity of the highest set
of 3-minute averages from each
BOPF shop housing a top-blown
BOPF, determined according to the
performance test procedures in
Sec. 63.7823(d), did not exceed
20 percent and the second highest
set of 3-minute averages did not
exceed 10 percent.
----------------------------------------------------------------------------------------------------------------

[68 FR 27663, May 20, 2003, as amended at 71 FR 39589, July 13, 2006]

Sec. Table 3 to Subpart FFFFF of Part 63--Continuous Compliance With
Emission and Opacity Limits

As required in Sec.63.7833(a), you must demonstrate continuous
compliance with the emission and opacity limits according to the
following table:

------------------------------------------------------------------------
You must demonstrate continuous
For . . . compliance by . . .
------------------------------------------------------------------------
1. Each windbox exhaust stream at an a. Maintaining emissions of
existing sinter plant. particulate matter at or below
0.4 lb/ton of product sinter;
and
b. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
2. Each windbox exhaust stream at a new a. Maintaining emissions of
sinter plant. particulate matter at or below
0.3 lb/ton of product sinter;
and

[[Page 275]]

b. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
3. Each discharge end at an existing a. Maintaining emissions of
sinter plant. particulate matter from one or
more control devices at or
below 0.02 gr/dscf; and
b. Maintaining the opacity of
secondary emissions that exit
any opening in the building or
structure housing the
discharge end at or below 20
percent (6-minute average);
and
c. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
4. Each discharge end at a new sinter a. Maintaining emissions of
plant. particulate matter from one or
more control devices at or
below 0.01 gr/dscf; and
b. Maintaining the opacity of
secondary emissions that exit
any opening in the building or
structure housing the
discharge end at or below 10
percent (6-minute average);
and
c. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
5. Each sinter cooler at an existing a. Maintaining the opacity of
sinter plant. emissions that exit any sinter
cooler at or below 10 percent
(6-minute average); and
b. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
6. Each sinter cooler at a new sinter a. Maintaining emissions of
plant. particulate matter at or below
0.1 gr/dscf; and
b. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
7. Each casthouse at an existing blast a. Maintaining emissions of
furnace. particulate matter from a
control device at or below
0.01 gr/dscf; and
b. Maintaining the opacity of
secondary emissions that exit
any opening in the casthouse
or structure housing the
casthouse at or below 20
percent (6-minute average);
and
c. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
8. Each casthouse at a new blast a. Maintaining emissions of
furnace. particulate matter from a
control device at or below
0.003 gr/dscf; and
b. Maintaining the opacity of
secondary emissions that exit
any opening in the casthouse
or structure housing the
casthouse at or below 15
percent (6-minute average);
and
c. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
9. Each BOPF at a new or existing BOPF a. Maintaining emissions of
shop. particulate matter from the
primary control system for a
BOPF with a closed hood system
at or below 0.03 gr/dscf; and
b. Maintaining emissions of
particulate matter from the
primary control system for a
BOPF with an open hood system
at or below 0.02 gr/dscf for
an existing BOPF shop or 0.01
gr/dscf for a new BOPF shop;
and
c. Maintaining emissions of
particulate matter from a
control device applied solely
to secondary emissions from a
BOPF at or below 0.01 gr/dscf
for an existing BOPF shop or
0.0052 gr/dscf for a new BOPF
shop; and
d. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
10. Each hot metal transfer, skimming, a. Maintaining emissions of
and desulfurization operation at a new particulate matter from a
or existing BOPF shop. control device at or below
0.01 gr/dscf at an existing
BOPF or 0.003 gr/dscf for a
new BOPF; and
b. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
11. Each ladle metallurgy operation at a. Maintaining emissions of
a new or existing BOPF shop. particulate matter from a
control device at or below
0.01 gr/dscf at an existing
BOPF shop or 0.004 gr/dscf for
a new BOPF shop; and
b. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
12. Each roof monitor at an existing a. Maintaining the opacity of
BOPF shop. secondary emissions that exit
any opening in the BOPF shop
or other building housing the
BOPF shop or shop operation at
or below 20 percent (3-minute
average); and
b. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
13. Each roof monitor at a new BOPF a. Maintaining the opacity (for
shop. any set of 6-minute averages)
of secondary emissions that
exit any opening in the BOPF
shop or other building housing
a bottom-blown BOPF or shop
operation at or below 10
percent, except that one 6-
minute period greater than 10
percent but no more than 20
percent may occur once per
steel production cycle; and

[[Page 276]]

b. Maintaining the opacity (for
any set of 3-minute averages)
of secondary emissions that
exit any opening in the BOPF
shop or other building housing
a top-blown BOPF or shop
operation at or below 10
percent, except that one 3-
minute period greater than 10
percent but less than 20
percent may occur once per
steel production cycle; and
c. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
------------------------------------------------------------------------

[71 FR 39590, July 13, 2006]

Sec. Table 4 to Subpart FFFFF of Part 63--Applicability of General
Provisions to Subpart FFFFF

As required in Sec.63.7850, you must comply with the requirements
of the NESHAP General Provisions (40 CFR part 63, subpart A) shown in
the following table:

----------------------------------------------------------------------------------------------------------------
Citation Subject Applies to Subpart FFFFF Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1......................... Applicability.......... Yes.
Sec. 63.2......................... Definitions............ Yes.
Sec. 63.3......................... Units and Abbreviations Yes.
Sec. 63.4......................... Prohibited Activities.. Yes.
Sec. 63.5......................... Construction/ Yes.
Reconstruction.
Sec. 63.6(a), (b), (c), (d), (e), Compliance with Yes.
(f), (g), (h)(2)(ii)-(h)(9). Standards and
Maintenance
Requirements.
Sec. 63.6(h)(2)(i)................ Determining Compliance No...................... Subpart FFFFF specifies
with Opacity and VE methods and procedures
Standards. for determining
compliance with
opacity emission and
operating limits.
Sec. 63.6(i)...................... Extension of Compliance Yes.....................
with Emission
Standards.
Sec. 63.6(j)...................... Exemption from Yes.....................
Compliance with
Emission Standards.
Sec. 63.7(a)(1)-(2)............... Applicability and No...................... Subpart FFFFF and
Performance Test Dates. specifies performance
test applicability and
dates.
Sec. 63.7(a)(3), (b), (c)-(h)..... Performance Testing Yes.....................
Requirements.
Sec. 63.8(a)(1)-(3), (b), (c)(1)- Monitoring Requirements Yes..................... CMS requirements in
(3), (c)(4)(i)-(ii), (c)(5)-(6), Sec.Sec.
(c)(7)-(8), (f)(1)-(5), (g)(1)-(4). 63.8(c)(4)(i)-(ii),
(c)(5)-(6), (d), and
(e) apply only to
COMS.
Sec. 63.8(a)(4)................... Additional Monitoring No...................... Subpart FFFFF does not
Requirements for require flares.
Control Devices in
Sec. 63.11.
Sec. 63.8(c)(4)................... Continuous Monitoring No...................... Subpart FFFFF specifies
System Requirements. requirements for
operation of CMS.
Sec. 63.8(f)(6)................... RATA Alternative....... No......................
Sec. 63.8(g)(5)................... Data Reduction......... No...................... Subpart FFFFF specifies
data reduction
requirements.
Sec. 63.9......................... Notification Yes..................... Additional
Requirements. notifications for CMS
in Sec. 63.9(g)
apply only to COMS.
Sec. 63.10(a), (b)(1), (b)(2)(i)- Recordkeeping and Yes..................... Additional records for
(xii), (b)(2)(xiv), (b)(3), (c)(1)- Reporting Requirements. CMS in Sec.
(6), (c)(9)-(15), (d), (e)(1)-(2), 63.10(c)(1)-(6), (9)-
(e)(4), (f). (15), and reports in
Sec. 63.10(d)(1)-(2)
apply only to COMS.
Sec. 63.10(b)(2) (xiii)........... CMS Records for RATA No......................
Alternative.
Sec. 63.10(c)(7)-(8).............. Records of Excess No...................... Subpart FFFFF specifies
Emissions and record requirements.
Parameter Monitoring
Exceedances for CMS.
Sec. 63.10(e)(3).................. Excess Emission Reports No...................... Subpart FFFFF specifies
reporting requirements
Sec. 63.11........................ Control Device No...................... Subpart FFFFF does not
Requirements. require flares.
Sec. 63.12........................ State Authority and Yes.
Delegations.
Sec. 63.13-Sec. 63.15........... Addresses, Yes.
Incorporation by
Reference,
Availability of
Information.
----------------------------------------------------------------------------------------------------------------

[[Page 277]]

[68 FR 27663, May 20, 2003, as amended at 71 FR 39591, July 13, 2006]

Subpart GGGGG_National Emission Standards for Hazardous Air Pollutants:
Site Remediation

Source: 68 FR 58190, Oct. 8, 2003, unless otherwise noted.

What This Subpart Covers

Sec.63.7880 What is the purpose of this subpart?

This subpart establishes national emissions limitations and work
practice standards for hazardous air pollutants (HAP) emitted from site
remediation activities. This subpart also establishes requirements to
demonstrate initial and continuous compliance with the emissions
limitations and work practice standards.

Sec.63.7881 Am I subject to this subpart?

(a) This subpart applies to you if you own or operate a facility at
which you conduct a site remediation, as defined in Sec.63.7957; and
this site remediation, unless exempted under paragraph (b) or (c) of
this section, meets all three of the following conditions specified in
paragraphs (a)(1) through (3) of this section.
(1) Your site remediation cleans up a remediation material, as
defined in Sec.63.7957.
(2) Your site remediation is co-located at your facility with one or
more other stationary sources that emit HAP and meet an affected source
definition specified for a source category that is regulated by another
subpart under 40 CFR part 63. This condition applies regardless whether
or not the affected stationary source(s) at your facility is subject to
the standards under the applicable subpart(s).
(3) Your facility is a major source of HAP as defined in Sec.63.2,
except as specified in paragraph (a)(3)(i) or (ii) of this section. A
major source emits or has the potential to emit any single HAP at the
rate of 10 tons (9.07 megagrams) or more per year or any combination of
HAP at a rate of 25 tons (22.68 megagrams) or more per year.
(i) For production field facilities, as defined in Sec.63.761,
only the HAP emissions from the glycol dehydration units and storage
vessels with the potential for flash emissions (both as defined in Sec.
63.761) shall be aggregated with the HAP emissions from the site
remediation activities at the facility for a major source determination.
(ii) For natural gas transmission and storage facilities, HAP
emissions shall be aggregated in accordance with the definition of major
source in Sec.63.1271 for a major source determination.
(b) You are not subject to this subpart if your site remediation
qualifies for any of one of the exemptions listed in paragraphs (b)(1)
through (6) of this section.
(1) Your site remediation is not subject to this subpart if the site
remediation only cleans up material that does not contain any of the HAP
listed in Table 1 of this subpart.
(2) Your site remediation is not subject to this subpart if the site
remediation will be performed under the authority of the Comprehensive
Environmental Response and Compensation Liability Act (CERCLA) as a
remedial action or a non time-critical removal action.
(3) Your site remediation is not subject to this subpart if the site
remediation will be performed under a Resource Conservation and Recovery
Act (RCRA) corrective action conducted at a treatment, storage and
disposal facility (TSDF) that is either required by your permit issued
by either the U.S. Environmental Protection Agency (EPA) or a State
program authorized by the EPA under RCRA section 3006; required by
orders authorized under RCRA; or required by orders authorized under
RCRA section 7003.
(4) Your site remediation is not subject to this subpart if the site
remediation is conducted at a gasoline service station to clean up
remediation material from a leaking underground storage tank.
(5) Your site remediation is not subject to this subpart if the site
remediation is conducted at a farm or residential site.

[[Page 278]]

(6) Your site remediation is not subject to this subpart if the site
remediation is conducted at a research and development facility that
meets the requirements under Clean Air Act (CAA) section 112(c)(7).
(c) Your site remediation activities are not subject to the
requirements of this subpart, except for the recordkeeping requirements
in this paragraph, provided that you meet the requirements specified in
paragraphs (c)(1) through (c)(3) of this section.
(1) You determine that the total quantity of the HAP listed in Table
1 to this subpart that is contained in the remediation material
excavated, extracted, pumped, or otherwise removed during all of the
site remediations conducted at your facility is less than 1 megagram
(Mg) annually. This exemption applies the 1 Mg limit on a facility-wide,
annual basis, and there is no restriction to the number of site
remediations that can be conducted during this period.
(2) You must prepare and maintain at your facility written
documentation to support your determination that the total HAP quantity
in your remediation materials for the year is less than 1 Mg. The
documentation must include a description of your methodology and data
used for determining the total HAP content of the remediation material.
(3) Your Title V permit does not have to be reopened or revised
solely to include the recordkeeping requirement specified in paragraph
(c)(2) of this section. However, the requirement must be included in
your permit the next time the permit is renewed, reopened, or revised
for another reason.
(d) Your site remediation is not subject to the requirements of this
subpart if all remediation activities at your facility subject to this
subpart are completed and you have notified the Administrator in writing
that all remediation activities subject to this subpart are completed.
You must maintain records of compliance, in accordance with Sec.
63.7953, for each remediation activity that was subject to this subpart.
All future remediation activity meeting the applicability criteria in
this section must comply with the requirements of this subpart.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69016, Nov. 29, 2006]

Sec.63.7882 What site remediation sources at my facility does this
subpart affect?

(a) This subpart applies to each new, reconstructed, or existing
affected source for your site remediation as designated by paragraphs
(a)(1) through (3) of this section.
(1) Process vents. The affected source is the entire group of
process vents associated with the in-situ and ex-situ remediation
processes used at your site to remove, destroy, degrade, transform, or
immobilize hazardous substances in the remediation material subject to
remediation. Examples of such in-situ remediation processes include, but
are not limited to, soil vapor extraction and bioremediation processes.
Examples of such ex-situ remediation processes include but are not
limited to, thermal desorption, bioremediation, and air stripping
processes.
(2) Remediation material management units. Remediation material
management unit means a tank, surface impoundment, container, oil-water
separator, organic-water separator, or transfer system, as defined in
Sec.63.7957, and is used at your site to manage remediation material.
The affected source is the entire group of remediation material
management units used for the site remediations at your site. For the
purpose of this subpart, a tank or container that is also equipped with
a vent that serves as a process vent, as defined in Sec.63.7957, is
not a remediation material management unit, but instead this unit is
considered to be a process vent affected source under paragraph (a)(1)
of this section.
(3) Equipment leaks. The affected source is the entire group of
equipment components (pumps, valves, etc.) used to manage remediation
materials and meeting both of the conditions specified in paragraphs
(a)(3)(i) and (ii) of this section. If either of these conditions do not
apply to an equipment component, then that component is not part of the
affected source for equipment leaks.

[[Page 279]]

(i) The equipment component contains or contacts remediation
material having a concentration of total HAP listed in Table 1 of this
subpart equal to or greater than 10 percent by weight.
(ii) The equipment component is intended to operate for 300 hours or
more during a calendar year in remediation material service, as defined
in Sec.63.7957.
(b) Each affected source for your site is existing if you commenced
construction or reconstruction of the affected source before July 30,
2002.
(c) Each affected source for your site is new if you commenced
construction or reconstruction of the affected source on or after July
30, 2002. An affected source is reconstructed if it meets the definition
of reconstruction in Sec.63.2.

Sec.63.7883 When do I have to comply with this subpart?

(a) If you have an existing affected source, you must comply with
each emission limitation, work practice standard, and operation and
maintenance requirement in this subpart that applies to you no later
than October 9, 2006.
(b) If you have a new affected source that manages remediation
material other than a radioactive mixed waste as defined in Sec.
63.7957, then you must meet the compliance date specified in paragraph
(b)(1) or (2) of this section, as applicable to your affected source.
(1) If the affected source's initial startup date is on or before
October 8, 2003, you must comply with each emission limitation, work
practice standard, and operation and maintenance requirement in this
subpart that applies to you by October 8, 2003.
(2) If the affected source's initial startup date is after October
8, 2003, you must comply with each emission limitation, work practice
standard, and operation and maintenance requirement in this subpart that
applies to you upon initial startup.
(c) If you have a new affected source that manages remediation
material that is a radioactive mixed waste as defined in Sec.63.7957,
then you must meet the compliance date specified in paragraph (c)(1) or
(2) of this section, as applicable to your affected source.
(1) If the affected source's initial startup date is on or before
October 8, 2003, you must comply with each emission limitation, work
practice standard, and operation and maintenance requirement in this
subpart that applies to you no later than October 9, 2006.
(2) If the affected source's initial startup date is after October
8, 2003, you must comply with each emission limitation, work practice
standard, and operation and maintenance requirement in this subpart that
applies to you upon initial startup.
(d) If your facility is an area source that increases its emissions
or its potential to emit such that it becomes a major source of HAP as
defined in Sec.63.2, then you must meet the compliance dates specified
in paragraphs (d)(1) and (2) of this section.
(1) For each source at your facility that is a new affected source
subject to this subpart, you must comply with each emission limitation,
work practice standard, and operation and maintenance requirement in
this subpart that applies to you upon initial startup.
(2) For all other affected sources subject to this subpart, you must
comply with each emission limitation, work practice standard, and
operation and maintenance requirement in this subpart that applies to
you no later than 3 years after your facility becomes a major source.
(e) You must meet the notification requirements, according to the
schedule applicable to your facility, as specified in Sec.63.7950 and
in 40 CFR part 63, subpart A. Some of the notifications must be
submitted before you are required to comply with the emissions
limitations and work practice standards in this subpart.

General Standards

Sec.63.7884 What are the general standards I must meet for each
site remediation with affected sources?

(a) For each site remediation with an affected source designated
under Sec.63.7882, you must meet the standards specified in Sec. Sec.
63.7885 through 63.7955, as applicable to your affected source, unless
your site remediation meets the requirements for an exemption under
paragraph (b) of this section.
(b) A site remediation that is completed within 30 consecutive
calendar

[[Page 280]]

days according to the conditions in paragraphs (b)(1) through (3) of
this section is not subject to the standards under paragraph (a) of this
section. This exemption cannot be used for a site remediation involving
the staged or intermittent cleanup of remediation material whereby the
remediation activities at the site are started, stopped, and then re-
started in a series of intervals, with durations less than 30-days per
interval, when the time period from the beginning of the first interval
to the end of the last interval exceeds 30 days.
(1) The 30 consecutive calendar day period for a site remediation
that qualifies for this exemption is determined according to actions
taken by you as defined in paragraphs (b)(1)(i) through (iii) of this
section.
(i) The first day of the 30-day period is defined as the day on
which you initiate any action that removes, destroys, degrades,
transforms, immobilizes, or otherwise manages the remediation materials.
The following activities, when completed before beginning this initial
action, are not counted as part of the 30-day period: Activities to
characterize the type and extent of the contamination by collecting and
analyzing samples; activities to obtain permits from Federal, State, or
local authorities to conduct the site remediation; activities to
schedule workers and necessary equipment; and activities to arrange for
contractor or third party assistance in performing the site remediation.
(ii) The last day of the 30-day period is defined as the day on
which treatment or disposal of all of the remediation materials
generated by the cleanup is completed such that the organic constituents
in these materials no longer have a reasonable potential for
volatilizing and being released to the atmosphere.
(iii) If treatment or disposal of the remediation materials is
conducted at an off-site facility where the final treatment or disposal
of the material cannot, or may not, be completed within the 30-day
exemption period, then the shipment of all of the remediation material
generated from your cleanup that is transferred to another party, or
shipped to another facility, within the 30-day period, must be performed
according to the applicable requirements specified in Sec.63.7936.
(2) For the purpose of complying with paragraph (b)(1) of this
section, if you ship or otherwise transfer the remediation material off-
site you must include in the applicable shipping documentation, in
addition to any notifications and certifications required under Sec.
63.7936, a statement that the shipped material was generated by a site
remediation activity subject to the conditions of this exemption. The
statement must include the date on which you initiated the site
remediation activity generating the shipped remediation materials, as
specified in paragraph (b)(1)(i) of this section, and the date 30
calendar days following your initiation date.
(3) You must prepare and maintain at your facility written
documentation describing the exempted site remediation, and listing the
initiation and completion dates for the site remediation.

[71 FR 69016, Nov. 29, 2006]

Sec.63.7885 What are the general standards I must meet for my
affected process vents?

(a) For the process vents that comprise the affected source
designated under Sec.63.7882, you must select and meet the
requirements under one of the options specified in paragraph (b) of this
section.
(b) For each affected process vent, except as exempted under
paragraph (c) of this section, you must meet one of the options in
paragraphs (b)(1) through (3) of this section.
(1) You control HAP emissions from the affected process vents
according to the standards specified in Sec. Sec.63.7890 through
63.7893.
(2) You determine for the remediation material treated or managed by
the process vented through the affected process vents that the average
total volatile organic hazardous air pollutant (VOHAP) concentration, as
defined in Sec.63.7957, of this material is less than 10 parts per
million by weight (ppmw). Determination of the VOHAP concentration is
made using the procedures specified in Sec.63.7943.

[[Page 281]]

(3) If the process vent is also subject to another subpart under 40
CFR part 61 or 40 CFR part 63, you control emissions of the HAP listed
in Table 1 of this subpart from the affected process vent in compliance
with the standards specified in the applicable subpart. This means you
are complying with all applicable emissions limitations and work
practice standards under the other subpart (e.g., you install and
operate the required air pollution controls or have implemented the
required work practice to reduce HAP emissions to levels specified by
the applicable subpart). This provision does not apply to any exemption
of the affected source from the emissions limitations and work practice
standards allowed by the other applicable subpart.
(c) A process vent that meets the exemption requirements in
paragraphs (c)(1) and (2) of this section is exempted from the
requirements in paragraph (b) of this section.
(1) The process vent stream exiting the process vent meets the
conditions in either paragraph (c)(1)(i) or (ii) of this section.
(i) 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); or
(ii) 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
concentration of HAP listed in Table 1 of this subpart is less than 20
parts per million by volume (ppmv).
(2) You must demonstrate that the process vent stream meets the
applicable exemption conditions in paragraph (c)(1) of this section
using the procedures specified in Sec.63.694(m). You must prepare and
maintain documentation at your facility to support your 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 and
total HAP concentration, as applicable to the exemption conditions for
your process vent. You must perform a new determination of the process
vent stream flow rate and total HAP concentration, as applicable to the
exemption conditions for your process vent, whenever changes to
operation of the unit on which the process vent is used could cause the
process vent stream conditions to exceed the maximum limits of the
exemption.

Sec.63.7886 What are the general standards I must meet for my
affected remediation material management units?

(a) For each remediation material management unit that is part of an
affected source designated by Sec.63.7882, you must select and meet
the requirements under one of the options specified in paragraph (b) of
this section except for those remediation material management units
exempted under paragraph (c) or (d) of this section.
(b) For each affected remediation material management unit, you must
meet one of the options in paragraphs (b)(1) through (4) of this
section.
(1) You control HAP emissions from the affected remediation material
management unit according to the standards specified in paragraphs
(b)(1)(i) through (v) of this section, as applicable to the unit.
(i) If the remediation material management unit is a tank, then you
control HAP emissions according to the standards specified in Sec. Sec.
63.7895 through 63.7898.
(ii) If the remediation material management unit is a container,
then you control HAP emissions according to the standards specified in
Sec. Sec.63.7900 through 63.7903.
(iii) If the remediation material management unit is a surface
impoundment, then you control HAP emissions according to the standards
specified in Sec. Sec.63.7905 through 63.7908.
(iv) If the remediation material management unit is an oil-water or
organic-water separator, then you control HAP emissions according to the
standards specified in Sec. Sec.63.7910 through 63.7913.
(v) If the remediation material management unit is a transfer
system, then you control HAP emissions according to the standards
specified in Sec. Sec.63.7915 through 63.7918.
(2) You determine that the average total VOHAP concentration, as
defined in Sec.63.7957, of the remediation material managed in the
remediation material

[[Page 282]]

management unit material is less than 500 ppmw. You must follow the
requirements in Sec.63.7943 to demonstrate that the VOHAP
concentration of the remediation material is less than 500 ppmw. Once
the VOHAP concentration for a remediation material has been determined
to be less than 500 ppmw, all remediation material management units
downstream from the point of determination managing this material meet
the requirements of this paragraph unless a remediation process is used
that concentrates all, or part of, the remediation material being
managed in the unit such that the VOHAP concentration of the material
could increase. Any free product returned to the manufacturing process
(e.g., recovered oil returned to a storage tank at a refinery) is no
longer subject to this subpart.
(3) If the remediation material management unit is also subject to
another subpart under 40 CFR part 61 or 40 CFR part 63, you control
emissions of the HAP listed in Table 1 of this subpart from the affected
remediation material management unit in compliance with the standards
specified in the applicable subpart. This means you are complying with
all applicable emissions limitations and work practice standards under
the other subpart (e.g., you install and operate the required air
pollution controls or have implemented the required work practice to
reduce HAP emissions to levels specified by the applicable subpart).
This provision does not apply to any exemption of the affected source
from the emissions limitations and work practice standards allowed by
the other applicable subpart.
(4) If the remediation material management unit is an open tank or
surface impoundment used for a biological treatment process, you meet
the requirements as specified in paragraphs (b)(4)(i) and (ii) of this
section.
(i) You demonstrate that the biological treatment process conducted
in the open tank or surface impoundment meets the performance levels
specified in either Sec.63.684(b)(4)(i) or (ii).
(ii) You monitor the biological treatment process conducted in the
open tank or surface impoundment according to the requirements in Sec.
63.684(e)(4).
(c) A remediation material management unit is exempted from the
requirements in paragraph (b) of this section if this unit is used for
cleanup of radioactive mixed waste, as defined in Sec.63.7957, that is
subject to applicable regulations, directives, and other requirements
under the Atomic Energy Act, the Nuclear Waste Policy Act, or the Waste
Isolation Pilot Plant Land Withdrawal Act.
(d) One or a combination of remediation material management units
may be exempted at your discretion from the requirements in paragraph
(b) of this section provided that the total annual quantity of HAP
listed in Table 1 of this subpart contained in the remediation material
placed in all of the remediation material management units exempted
under this paragraph is less than 1 Mg/yr. For each remediation material
management unit you select to be exempted under this provision, you must
meet the requirements in paragraphs (d)(1) and (2) of this section.
(1) You must designate each of the remediation material management
units you are selecting to be exempted under this paragraph by either
submitting to the Administrator a written notification identifying the
exempt units or permanently marking the exempt units at the faculty
site. If you choose 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 you
choose 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 remediation material management units located at the
site.
(2) You must prepare an initial determination of the total annual
HAP quantity in the remediation material placed in the units exempted
under this paragraph. 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 remediation material is placed in each exempted unit. You must
perform a new determination whenever the extent of changes to the
quantity or composition of the remediation material placed in the
exempted units could cause the

[[Page 283]]

total annual HAP content in the remediation material to exceed 1 Mg/yr.
You 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 organic HAP content of the
remediation material.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]

Sec.63.7887 What are the general standards I must meet for my
affected equipment leak sources?

(a) You must control HAP emissions from equipment leaks from each
equipment component that is part of the affected source by implementing
leak detection and control measures according to the standards specified
in Sec. Sec.63.7920 through 63.7922 unless you elect to meet the
requirements in paragraph (b) of this section.
(b) If the affected equipment leak source is also subject to another
subpart in 40 CFR part 61 or 40 CFR part 63, you may control emissions
of the HAP listed in Table 1 to this subpart from the affected equipment
leak source in compliance with the standards specified in the other
applicable subpart. This means you are complying with all applicable
emissions limitations and work practice standards under the other
subpart (e.g., you implement leak detection and control measures to
reduce HAP emissions as specified by the applicable subpart). This
provision does not apply to any exemption of the affected source from
the emissions limitations and work practice standards allowed by the
other applicable subpart.

[71 FR 69017, Nov. 29, 2006]

Sec.63.7888 How do I implement this rule at my facility using
the cross-referenced requirements in other subparts?

(a) For the purposes of this subpart, when you read the term ``HAP
listed in Table 1 of this subpart'' in a cross-referenced section under
40 CFR part 63, subpart DD--National Emission Standards for Hazardous
Air Pollutants from Off-Site Waste and Recovery Operations, you should
refer to Table 1 of this subpart.
(b) For the purposes of this subpart, when you read the term off-
site material in a cross-referenced section under 40 CFR part 63,
subpart DD--National Emission Standards for Hazardous Air Pollutants
from Off-Site Waste and Recovery Operations you should substitute the
term remediation material, as defined in Sec.63.7957.
(c) For the purposes of this subpart, when you read the term
regulated material in a cross-referenced section under 40 CFR part 63,
subparts OO, PP, QQ, RR, TT, UU, WW, and VV you should substitute the
term remediation material, as defined in Sec.63.7957.

Process Vents

Sec.63.7890 What emissions limitations and work practice standards must I meet for process vents?

(a) You must control HAP emissions from each new and existing
process vent subject to Sec.63.7885(b)(1) according to emissions
limitations and work practice standards in this section that apply to
your affected process vents.
(b) For your affected process vents, you must meet one of the
facility-wide emission limit options specified in paragraphs (b)(1)
through (4) of this section. If you have multiple affected process vent
streams, you may comply with this paragraph using a combination of
controlled and uncontrolled process vent streams that achieve the
facility-wide emission limit that applies to you.
(1) Reduce from all affected process vents the total emissions of
the HAP listed in Table 1 of this subpart to a level less than 1.4
kilograms per hour (kg/hr) and 2.8 Mg/yr (3.0 pounds per hour (lb/hr)
and 3.1 tpy); or
(2) Reduce from all affected process vents the emissions of total
organic compounds (TOC) (minus methane and ethane) to a level below 1.4
kg/hr and 2.8 Mg/yr (3.0 lb/hr and 3.1 tpy); or
(3) Reduce from all affected process vents the total emissions of
the HAP listed in Table 1 of this subpart by 95 percent by weight or
more; or
(4) Reduce from all affected process vents the emissions of TOC
(minus methane and ethane) by 95 percent by weight or more.
(c) For each closed vent system and control device you use to comply
with

[[Page 284]]

paragraph (b) of this section, you must meet the operating limit
requirements and work practice standards in Sec.63.7925(c) through (j)
that apply to your closed vent system and control device.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]

Sec.63.7891 How do I demonstrate initial compliance with the
emissions limitations and work practice standards for process vents?

(a) You must demonstrate initial compliance with the emissions
limitations and work practice standards in Sec.63.7890(b) applicable
to your affected process vents by meeting the requirements in paragraphs
(b) through (d) of this section.
(b) You have measured or determined using the procedures for
performance tests and design evaluations in Sec.63.7941 that emission
levels from all of your affected process vents meet the facility-wide
emission limits in Sec.63.7890(b) that apply to you, as follows in
paragraphs (b)(1) through (4) of this section.
(1) If you elect to meet Sec.63.7890(b)(1), you demonstrate that
the total emissions of the HAP listed in Table 1 of this subpart from
all affected process vents at your facility are less than 1.4 kg/hr and
2.8 Mg/yr (3.0 lb/hr and 3.1 tpy).
(2) If you elect to meet Sec.63.7890(b)(2), you demonstrate that
emissions of TOC (minus methane and ethane) from all affected process
vents at your facility are less than 1.4 kg/hr and 2.8 Mg/yr (3.0 lb/hr
and 3.1 tpy).
(3) If you elect to meet Sec.63.7890(b)(3), you demonstrate that
the total emissions of the HAP listed in Table 1 of this subpart from
all affected process vents are reduced by 95 percent by weight or more.
(4) If you elect to meet Sec.63.7890(b)(4), you demonstrate that
the emissions of TOC (minus methane and ethane) from all affected
process vents are reduced by 95 percent by weight or more.
(c) For each closed vent system and control device you use to comply
with Sec.63.7890(b), you have met each requirement for demonstrating
initial compliance with the emission limitations and work practice
standards for a closed vent system and control device in Sec.63.7926.
(d) You have submitted a notification of compliance status according
to the requirements in Sec.63.7950.

Sec.63.7892 What are my inspection and monitoring requirements for
process vents?

For each closed vent system and control device you use to comply
with Sec.63.7890(b), you must monitor and inspect the closed vent
system and control device according to the requirements in Sec.63.7927
that apply to you.

Sec.63.7893 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for process vents?

(a) You must demonstrate continuous compliance with the emissions
limitations and work practice standards in Sec.63.7890 applicable to
your affected process vents by meeting the requirements in paragraphs
(b) through (d) of this section.
(b) You must maintain emission levels from all of your affected
process vents to meet the facilitywide emission limits in Sec.
63.7890(b) that apply to you, as specified in paragraphs (b)(1) through
(4) of this section.
(1) If you elect to meet Sec.63.7890(b)(1), you maintain the total
emissions of the HAP listed in Table 1 of this subpart from all affected
process vents at your facility are less than 1.4 kg/hr and 2.8 Mg/yr
(3.0 lb/hr and 3.1 tpy).
(2) If you elect to meet Sec.63.7890(b)(2), you maintain emissions
of TOC (minus methane and ethane) from all affected process vents at
your facility are less than 1.4 kg/hr and 2.8 Mg/yr (3.0 lb/hr and 3.1
tpy).
(3) If you elect to meet Sec.63.7890(b)(3), you maintain the total
emissions of the HAP listed in Table 1 of this subpart from all affected
process vents are reduced by 95 percent by weight or more.
(4) If you elect to meet Sec.63.7890(b)(4), you maintain that the
emissions of TOC (minus methane and ethane) from all affected process
vents are reduced by 95 percent by weight or more.
(c) For each closed vent system and control device you use to comply
with Sec.63.7890(b), you have met each requirement for demonstrating
continuous

[[Page 285]]

compliance with the emission limitations and work practice standards for
a closed vent system and control device in Sec.63.7928.
(d) Keeping records to document continuous compliance with the
requirements of this subpart according to the requirements in Sec.
63.7952.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]

Tanks

Sec.63.7895 What emissions limitations and work practice standards
must I meet for tanks?

(a) You must control HAP emissions from each new and existing tank
subject to Sec.63.7886(b)(1)(i) according to emissions limitations and
work practice standards in this section that apply to your affected
tanks.
(b) For each affected tank, you must install and operate air
pollution controls that meet the requirements in paragraphs (b)(1)
through (4) of this section that apply to your tank.
(1) Unless your tank is used for a waste stabilization process, as
defined in Sec.63.7957, you must determine the maximum HAP vapor
pressure (expressed in kilopascals (kPa)) of the remediation material
placed in your tank using the procedures specified in Sec.63.7944.
(2) If the maximum HAP vapor pressure of the remediation material
you place in your tank is less than 76.6 kPa, then you must determine
which tank level controls (i.e., Tank Level 1 or Tank Level 2) apply to
your tank as shown in Table 2 of this subpart, and based on your tank's
design capacity (expressed in cubic meters (m\3\)) and the maximum HAP
vapor pressure of the remediation material you place in this tank. If
your tank is required by Table 2 of this subpart to use Tank Level 1
controls, then you must meet the requirements in paragraph (c) of this
section. If your tank is required by Table 2 of this subpart to use Tank
Level 2 controls, then you must meet the requirements in paragraph (d)
of this section
(3) If maximum HAP vapor pressure of the remediation material you
place in your tank is 76.6 kPa or greater, then the tank must use one of
the Tank Level 2 controls specified in paragraphs (d)(3) through (5) of
this section. Use of floating roofs under paragraph (d)(1) or (2) of
this section is not allowed for tanks managing these remediation
materials.
(4) A tank used for a waste stabilization process, as defined in
Sec.63.7957, must use one of Tank Level 2 controls, as specified in
paragraph (d) of this section, that is appropriate for your waste
stabilization process.
(c) If you use Tank Level 1 controls, you must install and operate a
fixed roof according to the requirements in Sec.63.902. As an
alternative to using this fixed roof, you may choose to use one of Tank
Level 2 controls in paragraph (d) of this section.
(d) If you use Tank Level 2 controls, you must meet the requirements
of one of the options in paragraphs (d)(1) through (5) of this section.
(1) Install and operate a fixed roof with an internal floating roof
according to the requirements in Sec.63.1063(a)(1)(i), (a)(2), and
(b); or
(2) Install and operate an external floating roof according to the
requirements in Sec.63.1063(a)(1)(ii), (a)(2), and (b); or
(3) Install and operate a fixed roof vented through a closed vent
system to a control device according to the requirements in Sec.
63.685(g). You must meet the emissions limitations and work practice
standards in Sec.63.7925 that apply to your closed vent system and
control device; or
(4) Install and operate a pressure tank according to the
requirements in Sec.63.685(h); or
(5) Locate the tank inside a permanent total enclosure and vent
emissions from the enclosure through a closed vent system to a control
device that is an enclosed combustion device according to the
requirements in Sec.63.685(i). You must meet the emissions limitations
and work practice standards in Sec.63.7925 that apply to your closed
vent system and control device.
(e) As provided in Sec.63.6(g), you may request approval from the
EPA to use an alternative to the work practice standards in this section
that apply to your tanks. If you request for permission to use an
alternative to the work

[[Page 286]]

practice standards, you must submit the information described in Sec.
63.6(g)(2).

Sec.63.7896 How do I demonstrate initial compliance with the emissions
limitations and work practice standards for tanks?

(a) You must demonstrate initial compliance with the emissions
limitations and work practice standards in Sec.63.7895 that apply to
your affected tanks by meeting the requirements in paragraphs (b)
through (h) of this section, as applicable to your containers.
(b) You have submitted as part of your notification of compliance
status, specified in Sec.63.7950, a signed statement that you have met
the requirements in paragraphs (b)(1) and (2) of this section.
(1) You have determined the applicable tank control levels specified
in Sec.63.7895(b) for the tanks to be used for your site remediation.
(2) You have determined, according to the procedures in Sec.
63.7944, and recorded the maximum HAP vapor pressure of the remediation
material placed in each affected tank subject to Sec.63.7886(b)(1)(i)
that does not use Tank Level 2 controls.
(c) You must demonstrate initial compliance of each tank determined
under paragraph (b) of this section to require Tank Level 1 controls if
you have submitted as part of your notification of compliance status,
specified in Sec.63.7950, a signed statement that you have met the
requirements in paragraphs (c)(1) through (3) of this section.
(1) Each tank using Tank Level 1 controls is equipped with a fixed
roof and closure devices according to the requirements in Sec.
63.902(b) and (c) and you have records documenting the design.
(2) You have performed an initial visual inspection of the fixed
roof and closure devices for defects according to the requirements in
Sec.63.906(a) and you have records documenting the inspection results.
(3) You will operate the fixed roof and closure devices according to
the requirements in Sec.63.902.
(d) You must demonstrate initial compliance of each tank determined
under paragraph (b) of this section to require Tank Level 2 controls and
using a fixed roof with an internal floating roof according to Sec.
63.7895(d)(1) if you have submitted as part of your notification of
compliance status, specified in Sec.63.7950, a signed statement that
you have met the requirements in paragraphs (d)(1) through (3) of this
section.
(1) Each tank is equipped with an internal floating roof that meets
the requirements in Sec.63.1063(a) and you have records documenting
the design.
(2) You will operate the internal floating roof according to the
requirements in Sec.63.1063(b).
(3) You have performed an initial visual inspection according to the
requirements in Sec.63.1063(d)(1) and you have a record of the
inspection results.
(e) You must demonstrate initial compliance of each tank determined
under paragraph (b) of this section to require Tank Level 2 controls and
using an external floating roof according to Sec.63.7895(d)(2) if you
have submitted as part of your notification of compliance status,
specified in Sec.63.7950, a signed statement that you have met the
requirements in paragraphs (e)(1) through (3) of this section.
(1) Each tank is equipped with an external floating roof that meets
the requirements in Sec.63.1063(a) and you have records documenting
the design.
(2) You will operate the external floating roof according to the
requirements in Sec.63.1063(b).
(3) You have performed an initial seal gap measurement inspection
according to the requirements in Sec.63.1063(d)(3) and you have
records of the measurement results.
(f) You must demonstrate initial compliance of each tank determined
under paragraph (b) of this section to require Tank Level 2 controls and
using a fixed roof vented to a control device according to Sec.
63.7895(d)(3) if you have submitted as part of your notification of
compliance status, specified in Sec.63.7950, a signed statement that
you have met the requirements in paragraphs (f)(1) through (4) of this
section.
(1) Each tank is equipped with a fixed roof and closure devices
according to the requirements in Sec.63.902(b) and (c) and you have
records documenting the design.
(2) You have performed an initial visual inspection of fixed roof
and closure

[[Page 287]]

devices for defects according to the requirements in Sec.63.695(b)(3)
and you have records documenting the inspection results.
(3) You will operate the fixed roof and closure devices according to
the requirements in Sec.63.685(g).
(4) You have met each applicable requirement for demonstrating
initial compliance with the emission limitations and work practice
standards for a closed vent system and control device in Sec.63.7926.
(g) You must demonstrate initial compliance of each tank determined
under paragraph (b) of this section to require Tank Level 2 controls and
operates as a pressure tank according to Sec.63.7895(d)(4) if you have
submitted as part of your notification of compliance status, specified
in Sec.63.7950, a signed statement that you have met the requirements
in paragraphs (g)(1) and (2) of this section.
(1) Each tank is designed to operate as a pressure tank according to
the requirements in Sec.63.685(h), and you have records documenting
the design.
(2) You will operate the pressure tank and according to the
requirements in Sec.63.685(h).
(h) You must demonstrate initial compliance of each tank determined
under paragraph (b) of this section to require Tank Level 2 controls and
using a permanent total enclosure vented to an enclosed combustion
device according to Sec.63.7895(d)(5) if you have submitted as part of
your notification of compliance status, specified in Sec.63.7950, a
signed statement that you have met the requirements in paragraphs (h)(1)
and (2) of this section.
(1) You have submitted as part of your notification of compliance
status a signed statement that you have performed the verification
procedure according to the requirements in Sec.63.685(i), and you have
records of the supporting calculations and measurements.
(2) You have met each applicable requirement for demonstrating
initial compliance with the emission limitations and work practice
standards for a closed vent system and control device in Sec.63.7926.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]

Sec.63.7897 What are my inspection and monitoring requirements for
tanks?

(a) You must visually inspect each of your tanks using Tank Level 1
controls for defects at least annually according to the requirements in
Sec.63.906(a).
(b) You must inspect and monitor each of your tanks using Tank Level
2 controls according to the requirements in paragraphs (b)(1) through
(5), as applicable to your tanks.
(1) If you use a fixed roof with an internal floating roof according
to Sec.63.7895(d)(1), you must visually inspect the fixed roof and
internal floating roof according to the requirements in Sec.
63.1063(d)(1) and (2).
(2) If you use an external floating roof according to Sec.
63.7895(d)(2), you must visually inspect the external floating roof
according to the requirements in Sec.63.1063(d)(1) and inspect the
seals according to the requirements in Sec.63.1063(d)(2) and (3).
(3) If you use a fixed roof vented to a control device according to
Sec.63.7895(d)(3), you must meet requirements in paragraphs (b)(3)(i)
and (ii) of this section.
(i) You must visually inspect the fixed roof and closure devices for
defects according to the requirements in Sec.63.695(b)(3).
(ii) You must monitor and inspect the closed vent system and control
device according to the requirements in Sec.63.7927 that apply to you.
(4) If you use a pressure tank according to Sec.63.7895(d)(4), you
must visually inspect the tank and its closure devices for defects at
least annually to ensure they are operating according to the design
requirements in Sec.63.685(h).
(5) If you use a permanent total enclosure vented to an enclosed
combustion device according to Sec.63.7895(d)(5), you must meet
requirements in paragraphs (b)(5)(i) and (ii) of this section.
(i) You must perform the verification procedure for the permanent
total enclosure at least annually according to the requirements in Sec.
63.685(i).
(ii) You must monitor and inspect the closed vent system and control
device according to the requirements in Sec.63.7927 that apply to you.

[[Page 288]]

Sec.63.7898 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for tanks?

(a) You must demonstrate continuous compliance with the emissions
limitations and work practice standards in Sec.63.7895 applicable to
your affected tanks by meeting the requirements in paragraphs (b)
through (d) of this section.
(b) You must demonstrate continuous compliance with the requirement
to determine the applicable tank control level specified in Sec.
63.7895(b) for each affected tank by meeting the requirements in
paragraphs (b)(1) through (3) of this section.
(1) Keeping records of the tank design capacity according to the
requirements in Sec.63.1065(a).
(2) For tanks subject to Sec.63.7886(b)(1)(ii) and not using Tank
Level 2 controls, meeting the requirements in paragraphs (b)(2)(i) and
(ii) of this section.
(i) Keeping records of the maximum HAP vapor pressure determined
according to the procedures in Sec.63.7944 for the remediation
material placed in each affected tank.
(ii) Performing a new determination of the maximum HAP vapor
pressure whenever changes to the remediation 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 for the tank design capacity specified in Table 2. You must
keep records of each determination.
(3) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec.63.7952.
(c) You must demonstrate continuous compliance for each tank
determined to require Tank Level 1 controls by meeting the requirements
in paragraphs (c)(1) through (5) of this section.
(1) Operating and maintaining the fixed roof and closure devices
according to the requirements in Sec.63.902(c).
(2) Visually inspecting the fixed roof and closure devices for
defects at least annually according to the requirements in Sec.
63.906(a).
(3) Repairing defects according to the requirements in Sec.
63.63.906(b).
(4) Recording the information specified in Sec.63.907(a)(3) and
(b).
(5) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec.63.7952.
(d) You must demonstrate continuous compliance for each tank
determined to require Tank Level 2 controls and using a fixed roof with
an internal floating roof according to Sec.63.7895(d)(1) by meeting
the requirements in paragraphs (d)(1) through (5) of this section.
(1) Operating and maintaining the internal floating roof according
to the requirements in Sec.63.1063(b).
(2) Visually inspecting the internal floating roof according to the
requirements in Sec.63.1063(d)(1) and (2).
(3) Repairing defects according to the requirements in Sec.
63.1063(e).
(4) Recording the information specified in Sec.63.1065(b) through
(d).
(5) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec.63.7952.
(e) You must demonstrate continuous compliance for each tank
determined to require Tank Level 2 controls and using an external
floating roof according to Sec.63.7895(d)(2) by meeting the
requirements in paragraphs (e)(1) through (5) of this section.
(1) Operating and maintaining the external floating roof according
to the requirements in Sec.63.1063(b).
(2) Visually inspecting the external floating roof according to the
requirements in Sec.63.1063(d)(1) and inspecting the seals according
to the requirements in Sec.63.1063(d)(2) and (3).
(3) Repairing defects according to the requirements in Sec.
63.1063(e).
(4) Recording the information specified in Sec.63.1065(b) through
(d).
(5) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec.63.7952.
(f) You must demonstrate continuous compliance for each tank
determined to require Tank Level 2 controls and using a fixed roof
vented to a control device according to Sec.63.7895(d)(3) by meeting
the requirements in paragraphs (f)(1) through (6) of this section.

[[Page 289]]

(1) Operating and maintaining the fixed roof and closure devices
according to the requirements in Sec.63.685(g).
(2) Visually inspecting the fixed roof and closure devices for
defects at least annually according to the requirements in Sec.
63.695(b)(3)(i).
(3) Repairing defects according to the requirements in Sec.
63.695(b)(4).
(4) Recording the information specified in Sec.63.696(e).
(5) Meeting each applicable requirement for demonstrating continuous
compliance with the emission limitations and work practice standards for
a closed vent system and control device in Sec.63.7928.
(6) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec.63.7952.
(g) You must demonstrate continuous compliance for each tank
determined to require Tank Level 2 controls and operated as a pressure
tank according to Sec.63.7895(d)(4) by meeting the requirements in
paragraphs (g)(1) through (3) of this section.
(1) Operating and maintaining the pressure tank and closure devices
according to the requirements in Sec.63.685(h).
(2) Visually inspecting each pressurized tank and closure devices
for defects at least annually to ensure they are operating according to
the design requirements in Sec.63.685(h), and recording the results of
each inspection.
(3) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec.63.7952.
(h) You must demonstrate continuous compliance for each tank
determined to require Tank Level 2 controls and using a permanent total
enclosure vented to an enclosed combustion device according to Sec.
63.7895(d)(5) by meeting the requirements in paragraphs (h)(1) through
(4) of this section.
(1) Performing the verification procedure for the enclosure annually
according to the requirements in Sec.63.685(i).
(2) Recording the information specified in Sec.63.696(f).
(3) Meeting each applicable requirement for demonstrating continuous
compliance with the emissions limitations and work practice standards
for a closed vent system and control device in Sec.63.7928.
(4) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec.63.7952.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]

Containers

Sec.63.7900 What emissions limitations and work practice standards
must I meet for containers?

(a) You must control HAP emissions from each new and existing
container subject to Sec.63.7886(b)(1)(ii) according to emissions
limitations and work practice standards in this section that apply to
your affected containers.
(b) For each container having a design capacity greater than 0.1
m\3\ you must meet the requirements in paragraph (b)(1) or (2) of this
section that apply to your container except at the times the container
is used for treatment of remediation material by a waste stabilization
process, as defined in Sec.63.7957. As an alternative for any
container subject to this paragraph, you may choose to meet the
requirements in paragraph (d) of this section.
(1) If the design capacity of your container is less than or equal
to 0.46 m\3\, then you must use controls according to the standards for
Container Level 1 controls as specified in Sec.63.922. As an
alternative, you may choose to use controls according to either of the
standards for Container Level 2 controls as specified in Sec.63.923.
(2) If the design capacity of your container is greater than 0.46
m\3\, then you must use controls according to the standards for
Container Level 2 controls as specified in Sec.63.923 except as
provided for in paragraph (b)(3) of this section.
(3) As an alternative to meeting the standards in paragraph (b)(2)
of this section for containers with a capacity greater than 0.46 m\3\,
if you determine that either of the conditions in paragraphs (b)(3)(i)
or (ii) apply to the remediation material placed in your container, then
you may use controls according to the standards for Container Level 1
controls as specified in Sec.63.922.

[[Page 290]]

(i) Vapor pressure of every organic constituent in the remediation
material placed in your container is less than 0.3 kPa at 20 [deg]C; or
(ii) Total concentration of the pure organic constituents having a
vapor pressure greater than 0.3 kPa at 20 [deg]C in the remediation
material placed in your container is less than 20 percent by weight.
(c) At times when a container having a design capacity greater than
0.1 m\3\ is used for treatment of a remediation material by a waste
stabilization process as defined in Sec.63.7957, you must control air
emissions from the container during the process whenever the remediation
material in the container is exposed to the atmosphere according to the
standards for Container Level 3 controls as specified in Sec.63.924.
You must meet the emissions limitations and work practice standards in
Sec.63.7925 that apply to your closed vent system and control device.
(d) As an alternative to meeting the requirements in paragraph (b)
of this section, you may choose to use controls on your container
according to the standards for Container Level 3 controls as specified
in Sec.63.924. You must meet the emissions limitations and work
practice standards in Sec.63.7925 that apply to your closed vent
system and control device.
(e) As provided in Sec.63.6(g), you may request approval from the
EPA to use an alternative to the work practice standards in this section
that apply to your containers. If you request for permission to use an
alternative to the work practice standards, you must submit the
information described in Sec.63.6(g)(2).

Sec.63.7901 How do I demonstrate initial compliance with the
emissions limitations and work practice standards for containers?

(a) You must demonstrate initial compliance with the emissions
limitations and work practice standards in Sec.63.7990 that apply to
your affected containers by meeting the requirements in paragraphs (b)
through (e) of this section, as applicable to your containers.
(b) You have submitted as part of your notification of compliance
status, specified in Sec.63.7950, a signed statement that you have met
the requirements in paragraphs (b)(1) and (2) of this section.
(1) You have determined the applicable container control levels
specified in Sec.63.7990 for the containers to be used for your site
remediation.
(2) You have determined and recorded the maximum vapor pressure or
total organic concentration for the remediation material placed in
containers with a design capacity greater than 0.46 m\3\, and do not use
Container Level 2 or Level 3 controls.
(c) You must demonstrate initial compliance of each container
determined under paragraph (b) of this section to require Container
Level 1 controls if you have submitted as part of your notification of
compliance status, specified in Sec.63.7950, a signed statement that
you have met the requirements in paragraphs (c)(1) and (2) of this
section.
(1) Each container using Container Level 1 controls will be one of
the containers specified in Sec.63.922(b).
(2) You will operate each container cover and closure device
according to the requirements in Sec.63.922(d).
(d) You must demonstrate initial compliance of each container
determined under paragraph (b) of this section to require Container
Level 2 controls if you have submitted as part of your notification of
compliance status, specified in Sec.63.7950, a signed statement that
you have met the requirements in paragraphs (d)(1) through (4) of this
section.
(1) Each container using Container Level 2 controls will be one of
the containers specified in Sec.63.923(b).
(2) You will transfer remediation materials into and out of each
container according to the procedures in Sec.63.923(d).
(3) You will operate and maintain the container covers and closure
devices according to the requirements in Sec.63.923(d).
(4) You have records that the container meets the applicable U.S.
Department of Transportation regulations, or you have conducted an
initial test of each container for no detectable organic emissions using
the procedures in Sec.63.925(a), and have records documenting the test
results, or you have demonstrated within the last 12

[[Page 291]]

months that each container is vapor-tight according to the procedures in
Sec.63.925(a) and have records documenting the test results.
(e) You must demonstrate initial compliance of each container
determined under paragraph (b) of this section to require Container
Level 3 controls if you have submitted as part of your notification of
compliance status, specified in Sec.63.7950, a signed statement that
you have met the requirements in paragraphs (e)(1) and (2) of this
section.
(1) For each permanent total enclosure you use to comply with Sec.
63.7900, you have performed the verification procedure according to the
requirements in Sec.63.924(c)(1), and prepare records of the
supporting calculations and measurements.
(2) You have met each applicable requirement for demonstrating
initial compliance with the emission limitations and work practice
standards for a closed vent system and control device in Sec.63.7926.

Sec.63.7902 What are my inspection and monitoring requirements
for containers?

(a) You must inspect each container using Container Level 1 or
Container Level 2 controls according to the requirements in Sec.
63.926(a).
(b) If you use Container Level 3 controls, you must meet
requirements in paragraphs (b)(1) and (2) of this section, as applicable
to your site remediation.
(1) You must perform the verification procedure for each permanent
total enclosure annually according to the requirements in Sec.
63.924(c)(1).
(2) You must monitor and inspect each closed vent system and control
device according to the requirements in Sec.63.7927 that apply to you.

Sec.63.7903 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for containers?

(a) You must demonstrate continuous compliance with the emissions
limitations and work practice standards in Sec.63.7990 applicable to
your affected containers by meeting the requirements in paragraphs (b)
through (e) of this section.
(b) You must demonstrate continuous compliance with the requirement
to determine the applicable container control level specified in Sec.
63.7990(b) for each affected tank by meeting the requirements in
paragraphs (b)(1) through (3) of this section.
(1) Keeping records of the quantity and design capacity for each
type of container used for your site remediation and subject to Sec.
63.7886(b)(1)(ii).
(2) For containers subject to Sec.63.7886(b)(1)(ii) with a design
capacity greater than 0.46 m\3\ and not using Container Level 2 or
Container Level 3 controls, meeting the requirements in paragraphs
(b)(2)(i) and (ii) of this section.
(i) Keeping records of the maximum vapor pressure or total organic
concentration for the remediation material placed in the containers, as
applicable to the conditions in Sec.63.7900(b)(3)(i) or (ii) for which
your containers qualify to use Container Level 1 controls.
(ii) Performing a new determination whenever changes to the
remediation material placed in the containers could potentially cause
the maximum vapor pressure or total organic concentration to increase to
a level that is equal to or greater than the conditions specified in
Sec.63.7900(b)(3)(i) or (ii), as applicable to your containers. You
must keep records of each determination.
(3) Keeping records to document compliance with the requirements
according to the requirements in Sec.63.7952.
(c) You must demonstrate continuous compliance for each container
determined to require Container Level 1 controls by meeting the
requirements in paragraphs (c)(1) through (5) of this section.
(1) Operating and maintaining covers for each container according to
the requirements in Sec.63.922(d) .
(2) Inspecting each container annually according to the requirements
in Sec.63.926(a)(2).
(3) Emptying or repairing each container according to the
requirements in Sec.63.926(a)(3).
(4) Keeping records of an inspection that includes the information
in paragraphs (a)(4)(i) and (ii) of this section.
(i) Date of each inspection; and
(ii) If a defect is detected during an inspection, the location of
the defect, a description of the defect, the date of

[[Page 292]]

detection, the corrective action taken to repair the defect, and if
repair is delayed, the reason for any delay and the date completion of
the repair is expected.
(5) Keeping records to document compliance with the requirements
according to the requirements in Sec.63.7952.
(d) You must demonstrate continuous compliance for each container
determined to require Container Level 2 controls by meeting the
requirements in paragraphs (d)(1) through (6) of this section.
(1) Transferring remediation material in and out of the container
according to the requirements in Sec.63.923(c).
(2) Operating and maintaining container covers according to the
requirements in Sec.63.923(d).
(3) Inspecting each container annually according to the requirements
in Sec.63.926(a)(2).
(4) Emptying or repairing containers according to the requirements
in Sec.63.926(a)(3).
(5) Keeping records of each inspection that include the information
in paragraphs (d)(5)(i) and (ii) of this section.
(i) Date of each inspection; and
(ii) If a defect is detected during an inspection, the location of
the defect, a description of the defect, the date of detection, the
corrective action taken to repair the defect, and if repair is delayed,
the reason for any delay and the date completion of the repair is
expected.
(6) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec.63.7952.
(e) You must demonstrate continuous compliance for each container
determined to require Container Level 3 controls by meeting the
requirements in paragraphs (e)(1) through (4) of this section.
(1) Performing the verification procedure for the enclosure annually
according to the requirements in Sec.63.685(i).
(2) Recording the information specified in Sec.63.696(f).
(3) Meeting each applicable requirement for demonstrating continuous
compliance with the emissions limitations and work practice standards
for a closed vent system and control device in Sec.63.7928.
(4) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec.63.7952.

Surface Impoundments

Sec.63.7905 What emissions limitations or work practice standards
must I meet for surface impoundments?

(a) You must control HAP emissions from each new and existing
surface impoundment subject to Sec.63.7886(b)(1)(iii) according to
emissions limitations and work practice standards in this section that
apply to your affected surface impoundments.
(b) For each affected surface impoundment, you must install and
operate air pollution controls that meet either of the options in
paragraphs (b)(1) or (2) of this section.
(1) Install and operate a floating membrane cover according to the
requirements in Sec.63.942; or
(2) Install and operate a cover vented through a closed vent system
to a control device according to the requirements in Sec.63.943. You
must meet the emissions limitations and work practice standards in Sec.
63.7925 that apply to your closed vent system and control device.
(c) As provided in Sec.63.6(g), you may request approval from the
EPA to use an alternative to the work practice standards in this section
that apply to your surface impoundments. If you request for permission
to use an alternative to the work practice standards, you must submit
the information described in Sec.63.6(g)(2).

Sec.63.7906 How do I demonstrate initial compliance with the
emissions limitations or work practice standards for surface
impoundments?

(a) You must demonstrate initial compliance with the emissions
limitations and work practice standards in Sec.63.7905 that apply to
your affected surface impoundments by meeting the requirements in
paragraphs (b) and (c) of this section, as applicable to your surface
impoundments.
(b) You must demonstrate initial compliance of each surface
impoundment using a floating membrane cover according to Sec.
63.7905(b)(1) if you have submitted as part of your notification

[[Page 293]]

of compliance status, specified in Sec.63.7950, a signed statement
that you have met the requirements in paragraphs (b)(1) through (3) of
this section.
(1) You have installed a floating membrane cover and closure devices
that meet the requirements in Sec.63.942(b), and you have records
documenting the design and installation.
(2) You will operate the cover and closure devices according to the
requirements in Sec.63.942(c).
(3) You have performed an initial visual inspection of each surface
impoundment and closure devices according to the requirements in Sec.
63.946(a), and you have records documenting the inspection results.
(c) You must demonstrate initial compliance of each surface
impoundment using a cover vented to a control device according to Sec.
63.7905(b)(2) if you have submitted as part of your notification of
compliance status, specified in Sec.63.7950, a signed statement that
you have met the requirements in paragraphs (c)(1) through (4) of this
section.
(1) You have installed a cover and closure devices that meet the
requirements in Sec.63.943(b), and have records documenting the design
and installation.
(2) You will operate the cover and closure devices according to the
requirements in Sec.63.943(c).
(3) You have performed an initial visual inspection of each cover
and closure devices according to the requirements in Sec.63.946(b),
and have records documenting the inspection results.
(4) You have met each applicable requirement for demonstrating
initial compliance with the emission limitations and work practice
standards for a closed vent system and control device in Sec.63.7926.

Sec.63.7907 What are my inspection and monitoring requirements for
surface impoundments?

(a) If you use a floating membrane cover according to Sec.
63.7905(b)(1), you must visually inspect the floating membrane cover and
its closure devices at least annually according to the requirements in
Sec.63.946(a).
(b) If you use a cover vented to a control device according to Sec.
63.7905(b)(2), you must meet requirements in paragraphs (b)(1) and (2)
of this section.
(1) You must visually inspect the cover and its closure devices for
defects according to the requirements in Sec.63.946(b).
(2) You must monitor and inspect the closed vent system and control
device according to the requirements in Sec.63.7927 that apply to you.

Sec.63.7908 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for surface
impoundments?

(a) You must demonstrate continuous compliance with the emissions
limitations and work practice standards in Sec.63.7905 applicable to
your affected surface impoundments by meeting the requirements in
paragraphs (b) and (c) of this section as applicable to your surface
impoundments.
(b) You must demonstrate continuous compliance for each surface
impoundment using a floating membrane cover according to Sec.
63.7905(b)(1) by meeting the requirements in paragraphs (b)(1) through
(5) of this section.
(1) Operating and maintaining the floating membrane cover and
closure devices according to the requirements in Sec.63.942(c).
(2) Visually inspecting the floating membrane cover and closure
devices for defects at least annually according to the requirements in
Sec.63.946(a).
(3) Repairing defects according to the requirements in Sec.
63.946(c).
(4) Recording the information specified in Sec.63.947(a)(2) and
(a)(3).
(5) Keeping records to document compliance with the requirements
according to the requirements in Sec.63.7952.
(c) You must demonstrate continuous compliance for each surface
impoundment using a cover vented to a control device according to Sec.
63.7905(b)(2) by meeting the requirements in paragraphs (c)(1) through
(6) of this section.
(1) Operating and maintaining the cover and its closure devices
according to the requirements in Sec.63.943(c).
(2) Visually inspecting the cover and its closure devices for
defects at least annually according to the requirements in Sec.
63.946(b).
(3) Repairing defects according to the requirements in Sec.
63.946(c).

[[Page 294]]

(4) Recording the information specified in Sec.63.947(a)(2) and
(a)(3).
(5) Meeting each applicable requirement for demonstrating continuous
compliance with the emission limitations and work practice standards for
a closed vent system and control device in Sec.63.7928.
(6) Keeping records to document compliance with the requirements
according to the requirements in Sec.63.7952.

Separators

Sec.63.7910 What emissions limitations and work practice standards
must I meet for separators?

(a) You must control HAP emissions from each new and existing oil-
water separator and organic-water separator subject to Sec.
63.7886(b)(1)(iv) according to emissions limitations and work practice
standards in this section that apply to your affected separators.
(b) For each affected separator, you must install and operate air
pollution controls that meet one of the options in paragraphs (b)(1)
through (3) of this section.
(1) Install and operate a floating roof according to the
requirements in Sec.63.1043. For portions of the separator where it is
infeasible to install and operate a floating roof, such as over a weir
mechanism, you must comply with the requirements specified in paragraph
(b)(2) of this section.
(2) Install and operate a fixed roof vented through a closed vent
system to a control device according to the requirements in Sec.
63.1044. You must meet the emissions limitations and work practice
standards in Sec.63.7925 that apply to your closed vent system and
control device.
(3) Install and operate a pressurized separator according to the
requirements in Sec.63.1045.
(c) As provided in Sec.63.6(g), you may request approval from the
EPA to use an alternative to the work practice standards in this section
that apply to your separators. If you request for permission to use an
alternative to the work practice standards, you must submit the
information described in Sec.63.6(g)(2).

Sec.63.7911 How do I demonstrate initial compliance with the
emissions limitations and work practice standards for separators?

(a) You must demonstrate initial compliance with the emissions
limitations and work practice standards in Sec.63.7910 that apply to
your affected separators by meeting the requirements in paragraphs (b)
through (d) of this section, as applicable to your separators.
(b) You must demonstrate initial compliance of each separator using
a floating roof according to Sec.63.7910(b)(1) if you have submitted
as part of your notification of compliance status, specified in Sec.
63.7950, a signed statement that you have met the requirements in
paragraphs (b)(1) through (4) of this section.
(1) You have installed a floating roof and closure devices that meet
the requirements in Sec.63.1043(b), and you have records documenting
the design and installation.
(2) You will operate the floating roof and closure devices according
to the requirements in Sec.63.1043(c).
(3) You have performed an initial seal gap measurement inspection
using the procedures in Sec.63.1046(b), and you have records
documenting the measurement results.
(4) You have performed an initial visual inspection of the floating
roof and closure devices for defects according to the requirements in
Sec.63.1047(b)(2), and you have records documenting the inspection
results.
(5) For any portions of the separator using a fixed roof vented to a
control device according to Sec.63.7910(b)(1), you have met the
requirements in paragraphs (c)(1) through (4) of this section.
(c) You must demonstrate initial compliance of each separator using
a fixed roof vented to a control device according to Sec.63.7910(b)(2)
if you have submitted as part of your notification of compliance status,
specified in Sec.63.7950, a signed statement that you have met the
requirements in paragraphs (c)(1) through (4) of this section.
(1) You have installed a fixed roof and closure devices that meet
the requirements in Sec.63.1042(b), and you have records documenting
the design and installation.

[[Page 295]]

(2) You will operate the fixed roof and its closure devices
according to the requirements in Sec.63.1042(c).
(3) You have performed an initial visual inspection of the fixed
roof and closure devices for defects according to the requirements in
Sec.63.1047(a).
(4) You have met each applicable requirement for demonstrating
initial compliance with the emission limitations and work practice
standards for a closed vent system and control device in Sec.63.7926.
(d) You must demonstrate initial compliance of each pressurized
separator that operates as a closed system according to Sec.
63.7910(b)(3) if you have submitted as part of your notification of
compliance status, specified in Sec.63.7950, a signed statement that
you have met the requirements in paragraphs (d)(1) and (2) of this
section.
(1) You have installed a pressurized separator that operates as a
closed system according to the requirements in Sec.63.1045(b)(1) and
(b)(2), and you have records of the design and installation.
(2) You will operate the pressurized separator as a closed system
according to the requirements in Sec.63.1045(b)(3).

Sec.63.7912 What are my inspection and monitoring requirements
for separators?

(a) If you use a floating roof according to Sec.63.7910(b)(1), you
must meet requirements in paragraphs (a)(1) and (2) of this section.
(1) Measure the seal gaps at least annually according to the
requirements in Sec.63.1047(b)(1).
(2) Visually inspect the floating roof at least annually according
to the requirements in Sec.63.1047(b)(2).
(b) If you use a cover vented to a control device according to Sec.
63.7910(b)(1) or (2), you must meet requirements in paragraphs (b)(1)
and (2) of this section.
(1) You must visually inspect the cover and its closure devices for
defects according to the requirements in Sec.63.1047(c).
(2) You must monitor and inspect the closed vent system and control
device according to the requirements in Sec.63.7927 that apply to you.
(c) If you use a pressurized separator that operates as a closed
system according to Sec.63.7910(b)(3), you must visually inspect each
pressurized separator and closure devices for defects at least annually
to ensure they are operating according to the design requirements in
Sec.63.1045(b).

Sec.63.7913 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for separators?

(a) You must demonstrate continuous compliance with the emissions
limitations and work practice standards in Sec.63.7910 applicable to
your affected separators by meeting the requirements in paragraphs (b)
through (d) of this section as applicable to your surface impoundments.
(b) You must demonstrate continuous compliance for each separator
using a floating roof according to Sec.63.7910(b)(1) by meeting the
requirements in paragraphs (b)(1) through (6) of this section.
(1) Operating and maintaining the floating roof according to the
requirements in Sec.63.1043(b).
(2) Performing seal gap measurement inspections at least annually
according to the requirements in Sec.63.1047(b)(1).
(3) Visually inspecting the floating roof at least annually
according to the requirements in Sec.63.1047(b)(2).
(4) Repairing defects according to the requirements in Sec.
63.1047(d).
(5) Recording the information specified in Sec.63.1048(a) and (b).
(6) Keeping records to document compliance with the requirements
according to the requirements in Sec.63.7952.
(c) You must demonstrate continuous compliance for each separator
using a fixed roof vented through a closed vent system to a control
device according to Sec.63.7910(b)(2) by meeting the requirements in
paragraphs (c)(1) through (6) of this section.
(1) Operating and maintaining the fixed roof and its closure devices
according to the requirements in Sec.63.1042.
(2) Performing visual inspections of the fixed roof and its closure
devices for defects at least annually according to the requirements in
Sec.63.1047(a).
(3) Repairing defects according to the requirements in Sec.
63.1047(d).
(4) Recording the information specified in Sec.63.1048(a).
(5) Meeting each applicable requirement for demonstrating continuous

[[Page 296]]

compliance with the emission limitations and work practice standards for
a closed vent system and control device in Sec.63.7928.
(6) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec.63.7952.
(d) You must demonstrate continuous compliance for each pressurized
separator operated as a closed system according to Sec.63.7910(b)(3)
by meeting the requirements in paragraphs (d)(1) and (2) of this
section.
(1) Operating the pressurized separator at all times according to
the requirements in Sec.63.1045.
(2) Visually inspecting each pressurized tank and closure devices
for defects at least annually to ensure they are operating according to
the design requirements in Sec.63.1045(b), and recording the results
of each inspection.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]

Transfer Systems

Sec.63.7915 What emissions limitations and work practice standards
must I meet for transfer systems?

(a) You must control HAP emissions from each new and existing
transfer system subject to Sec.63.7886(b)(1)(v) according to emissions
limitations and work practice standards in this section that apply to
your affected transfer systems.
(b) For each affected transfer system that is an individual drain
system as defined in Sec.63.7957, you must install and operate
controls according to the requirements in Sec.63.962.
(c) For each affected transfer system that is not an individual
drain system as defined in Sec.63.7957, you must use one of the
transfer systems specified in paragraphs (c)(1) through (3) of this
section.
(1) A transfer system that uses covers according to the requirements
in Sec.63.689(d).
(2) A transfer system that consists of continuous hard piping. All
joints or seams between the pipe sections must 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 according to the requirements specified
in paragraphs (c)(3)(i) and (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 to meet the emissions limitations and work practice standards
in Sec.63.7925 that apply to your closed vent system and control
device.
(d) As provided in Sec.63.6(g), you may request approval from the
EPA to use an alternative to the work practice standards in this section
that apply to your transfer systems. If you request for permission to
use an alternative to the work practice standards, you must submit the
information described in Sec.63.6(g)(2).

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]

Sec.63.7916 How do I demonstrate initial compliance with the
emissions limitations and work practice standards for transfer
systems?

(a) You must demonstrate initial compliance with the emissions
limitations and work practice standards in Sec.63.7915 that apply to
your affected transfer systems by meeting the requirements in paragraphs
(b) through (e) of this section, as applicable to your transfer systems.
(b) You must demonstrate initial compliance of each individual drain
system using controls according to Sec.63.7915(b) if you have
submitted as part of your notification of compliance status, specified
in Sec.63.7950, a signed statement that you have met the requirements
in paragraphs (b)(1) through (3) of this section.
(1) You have installed air emission controls for each individual
drain system and junction box according to the requirements in Sec.
63.962(a) and (b), and you have records documenting the installation and
design.
(2) You will operate the air emission controls according to the
requirements in Sec.63.962(b)(5).

[[Page 297]]

(3) You have performed an initial visual inspection of each
individual drain system according to the requirements in Sec.
63.964(a), and you have records documenting the inspection results.
(c) You must demonstrate initial compliance of each transfer system
using covers according to Sec.63.7915(c)(1) if you have submitted as
part of your notification of compliance status, specified in Sec.
63.7950, a signed statement that you have met the requirements in
paragraphs (c)(1) through (3) of this section.
(1) Each transfer system is equipped with covers and closure devices
according to the requirements in Sec.63.689(d)(1) through (4), and you
have records documenting the design and installation.
(2) You have performed an initial inspection of each cover and its
closure devices for defects according to the requirements in Sec.
63.695(d)(1) through (5), and you have records documenting the
inspection results.
(3) You will operate each cover and its closure devices according to
the requirements in Sec.63.689(5).
(d) You must demonstrate initial compliance of each transfer system
that consists of hard piping according to Sec.63.7915(c)(2) if you
have submitted as part of your notification of compliance status,
specified in Sec.63.7950, a signed statement that you have met the
requirements in paragraphs (d)(1) and (2) of this section.
(1) You have installed a transfer system that consists entirely of
hard piping and meets the requirements in Sec.63.7915(c)(2), and you
have records documenting the design and installation.
(2) You have performed an initial inspection of the entire transfer
system to verify that all joints or seams between the pipe sections are
permanently or semi-permanently sealed (e.g., a welded joint between two
sections of metal pipe or a bolted and gasketed flange), and you have
records documenting the inspection results.
(e) You must demonstrate initial compliance of each transfer system
that is enclosed and vented to a control device according to Sec.
63.7915(e)(3) if you have submitted as part of your notification of
compliance status, specified in Sec.63.7950, a signed statement that
you have met the requirements in paragraphs (e)(1) and (2) of this
section.
(1) You have installed a transfer system that 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 you have records documenting the
design and installation.
(2) You have met each applicable requirement for demonstrating
initial compliance with the emission limitations and work practice
standards for a closed vent system and control device in Sec.63.7926.

Sec.63.7917 What are my inspection and monitoring requirements
for transfer systems?

(a) If you operate an individual drain system as a transfer system
according to Sec.63.7915(b), you must visually inspect each individual
drain system at least annually according to the requirements in Sec.
63.964(a).
(b) If you operate a transfer system using covers according to Sec.
63.7915(c)(1), you must inspect each cover and its closure devices for
defects according to the requirements in Sec.63.695(d)(1) through (5).
(c) If you operate a transfer system consisting of hard piping
according to Sec.63.7915(c)(2), you must annually inspect the unburied
portion of pipeline and all joints for leaks and other defects. In the
event that a defect is detected, you must repair the leak or defect
according to the requirements of paragraph (e) of this section.
(d) If you operate a transfer system that is enclosed and vented to
a control device according to Sec.63.7915(c)(3), you must meet
requirements in paragraphs (d)(1) and (2) of this section.
(1) You must annually inspect all enclosure components (e.g.,
enclosure sections, closure devices, fans) for defects that would
prevent an internal pressure in the vapor headspace in the enclosure
from continuously being maintained at a level less than atmospheric
pressure when the control device is operating. In the event that a
defect is detected, you must repair the defect according to the
requirements of paragraph (e) of this section.

[[Page 298]]

(2) You must monitor and inspect the closed vent system and control
device according to the requirements in Sec.63.7927 that apply to you.
(e) If you are subject to paragraph (c) or (d) of this section, you
must repair all detected defects as specified in paragraphs (e)(1)
through (3) of this section.
(1) You must 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 (e)(2) of this section.
(2) Repair of a defect may be delayed beyond 45 calendar days if you
determine 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, you must 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.
(3) You must maintain a record of the defect repair according to the
requirements specified in Sec.63.7952.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]

Sec.63.7918 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for transfer
systems?

(a) You must demonstrate continuous compliance with the emissions
limitations and work practice standards in Sec.63.7915 applicable to
your affected transfer system by meeting the requirements in paragraphs
(b) through (e) of this section as applicable to your transfer systems.
(b) You must demonstrate continuous compliance for each individual
drain system using controls according to Sec.63.7915(b) by meeting the
requirements in paragraphs (b)(1) through (5) of this section.
(1) Operating and maintaining the air emission controls for
individual drain systems according to the requirements in Sec.63.962.
(2) Visually inspecting each individual drain system at least
annually according to the requirements in Sec.63.964(a).
(3) Repairing defects according to the requirements in Sec.
63.964(b).
(4) Recording the information specified in Sec.63.965(a).
(5) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec.63.7952.
(c) You must demonstrate continuous compliance for each transfer
system using covers according to Sec.63.7915(c)(1) by meeting the
requirements in paragraphs (c)(1) through (4) of this section.
(1) Operating and maintaining each cover and its closure devices
according to the requirements in Sec.63.689(d)(1) through (5).
(2) Performing inspections of each cover and its closure devices for
defects at least annually according to the requirements in Sec.
63.695(d)(1) through (5).
(3) Repairing defects according to the requirements in Sec.
63.695(5)
(4) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec.63.7952.
(d) You must demonstrate continuous compliance for each transfer
system that consists of hard piping according to Sec.63.7915(c)(2) by
meeting the requirements in paragraphs (d)(1) through (4) of this
section.
(1) Operating and maintaining the pipeline to ensure that all joints
or seams between the pipe sections remain permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal
pipe or a bolted and gasketed flange).
(2) Inspecting the pipeline for defects at least annually according
to the requirements in Sec.63.7917(c).
(3) Repairing defects according to the requirements in Sec.
63.7917(e).
(4) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec.63.7952.
(e) You must demonstrate continuous compliance for each transfer
system that is enclosed and vented to a control device according to
Sec.63.7915(c)(3) by meeting the requirements in paragraphs (e)(1)
through (5) of this section.

[[Page 299]]

(1) Operating and maintaining the enclosure to ensure that the
internal pressure in the vapor headspace in the enclosure is maintained
continuously at a level less than atmospheric pressure when the control
device is operating.
(2) Inspecting the enclosure and its closure devices for defects at
least annually according to the requirements in Sec.63.7918(d).
(3) Repairing defects according to the requirements in Sec.
63.7918(e).
(4) Meeting each applicable requirement for demonstrating continuous
compliance with the emission limitations and work practice standards for
a closed vent system and control device in Sec.63.7928.
(5) Keeping records to document compliance with the requirements
according to the requirements in Sec.63.7952.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]

Equipment Leaks

Sec.63.7920 What emissions limitations and work practice standards
must I meet for equipment leaks?

(a) You must control HAP emissions from each new and existing
equipment subject to Sec.63.7887 according to emissions limitations
and work practice standards in this section that apply to your affected
equipment.
(b) For your affected equipment, you must meet the requirements in
either paragraph (b)(1) or (2) of this section.
(1) Control equipment leaks according to all applicable requirements
under 40 CFR part 63, subpart TT--National Emission Standards for
Equipment Leaks--Control Level 1; or
(2) Control equipment leaks according to all applicable requirements
under 40 CFR part 63, subpart UU--National Emission Standards for
Equipment Leaks--Control Level 2.
(c) If you use a closed vent system and control device to comply
with this section, as an alternative to meeting the standards in Sec.
63.1015 or Sec.63.1034 for closed vent systems and control devices,
you may elect to meet the requirements in Sec. Sec.63.7925 through
63.7928 that apply to your closed vent system and control device.
(d) As provided in Sec.63.6(g), you may request approval from the
EPA to use an alternative to the work practice standards in this section
that apply to your equipment. If you request for permission to use an
alternative to the work practice standards, you must submit the
information described in Sec.63.6(g)(2).

Sec.63.7921 How do I demonstrate initial compliance with the
emissions limitations and work practice standards for equipment
leaks?

(a) You must demonstrate initial compliance with the emissions
limitations and work practice standards in Sec.63.7920 that apply to
your affected equipment by meeting the requirements in paragraphs (b)
and (c) of this section, as applicable to your affected sources.
(b) If you control equipment leaks according to the requirements
under Sec.63.7920(b)(1), you must demonstrate initial compliance if
you have met the requirements in paragraphs (b)(1) and (2) of this
section.
(1) You include the information required in Sec.63.1018(a)(1) in
your notification of compliance status report.
(2) You have submitted as part of your notification of compliance
status a signed statement that:
(i) You will meet the requirements in Sec. Sec.63.1002 through
63.1016 that apply to your affected equipment.
(ii) You have identified the equipment subject to control according
to the requirements in Sec.63.1003, including equipment designated as
unsafe to monitor, and have records supporting the determinations with a
written plan for monitoring the equipment according to the requirements
in Sec.63.1003(c)(4).
(c) If you control equipment leaks according to the requirements
under Sec.63.7920(b)(2), you must demonstrate initial compliance if
you have met the requirements in paragraphs (c)(1) and (2) of this
section.
(1) You have included the information required in Sec.63.1039(a)
in your notification of compliance status report.
(2) You have submitted as part of your notification of compliance
status a signed statement that:

[[Page 300]]

(i) You will meet the requirements in Sec. Sec.63.1021 through
63.1037 that apply to your affected equipment.
(ii) You have identified the equipment subject to control according
to the requirements in Sec.63.1022, including equipment designated as
unsafe to monitor, and have records supporting the determinations with a
written plan for monitoring the equipment according to the requirements
in Sec.63.1022(c)(4).

Sec.63.7922 How do I demonstrate continuous compliance with the
work practice standards for equipment leaks?

(a) You must demonstrate continuous compliance with the emissions
limitations and work practice standards in Sec.63.7920 applicable to
your affected equipment by meeting the requirements in paragraphs (b)
through (d) of this section that apply to you.
(b) If you control equipment leaks according to the requirements
under Sec.63.7920(b)(1), you must demonstrate continuous compliance by
inspecting, monitoring, repairing, and maintaining records according to
the requirements in Sec. Sec.63.1002 through 63.1018 that apply to
your affected equipment.
(c) If you control equipment leaks according to the requirements
under Sec.63.7920(b)(2), you must demonstrate continuous compliance by
inspecting, monitoring, repairing, and maintaining records according to
the requirements in Sec. Sec.63.1021 through 63.1039 that apply to
your affected equipment.
(d) You must keep records to demonstrate compliance with the
requirements according to the requirements in Sec.63.7952.

Closed Vent Systems and Control Devices

Sec.63.7925 What emissions limitations and work practice standards
must I meet for closed vent systems and control devices?

(a) For each closed-vent system and control device you use to comply
with requirements in Sec. Sec.63.7890 through 63.7922, as applicable
to your affected sources, you must meet the emissions limitations and
work practice standards in this section.
(b) Whenever gases or vapors containing HAP are vented through the
closed-vent system to the control device, the control device must be
operating except at those times listed in either paragraph (b)(1) or (2)
of this section.
(1) The control device may 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 the emission point vented to the control device is
shutdown. On an annual basis, the total time that the closed-vent system
or control device is bypassed to perform routine maintenance must not
exceed 240 hours per each calendar year.
(2) The control device may be bypassed for the purpose of correcting
a malfunction of the closed-vent system or control device. You must
perform the adjustments or repairs necessary to correct the malfunction
as soon as practicable after the malfunction is detected.
(c) For each closed vent system, you must meet the work practice
standards in Sec.63.693(c).
(d) For each control device other than a flare or a control device
used to comply with the facility-wide process vent emission limits in
Sec.63.7890(b), you must control HAP emissions to meet either of the
emissions limits in paragraphs (d)(1) or (2) of this section except as
provided for in paragraph (f) of this section.
(1) Reduce emissions of total HAP listed in Table 1 of this subpart
or TOC (minus methane and ethane) from each control device by 95 percent
by weight; or
(2) Limit the concentration of total HAP listed in Table 1 of this
subpart or TOC (minus methane and ethane) from each combustion control
device (a thermal incinerator, catalytic incinerator, boiler, or process
heater) to 20 ppmv or less on a dry basis corrected to 3 percent oxygen.
(e) If you use a flare for your control device, then you must meet
the requirements for flares in Sec.63.11(b).
(f) If you use a process heater or boiler for your control device,
then as alternative to meeting the emissions

[[Page 301]]

limits in paragraph (d) of this section you may choose to comply with
one of the work practice standards in paragraphs (f)(1) through (3) of
this section.
(1) 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; or
(2) 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
(3) Introduce the vent stream to a boiler or process heater for
which you either have been issued a final permit under 40 CFR part 270
and complies with the requirements of 40 CFR part 266, subpart H--
Hazardous Waste Burned in Boilers and Industrial Furnaces; or has
certified compliance with the interim status requirements of 40 CFR part
266, subpart H.
(g) For each control device other than a flare, you must meet each
operating limit in paragraphs (g)(1) through (6) of this section that
applies to your control device.
(1) If you use a regenerable carbon adsorption system, you must:
(i) Maintain the hourly average total regeneration stream mass flow
during the adsorption bed regeneration cycle greater than or equal to
the stream mass flow established in the design evaluation or performance
test.
(ii) Maintain the hourly average temperature of the adsorption bed
during regeneration (except during the cooling cycle) greater than or
equal to the temperature established during the design evaluation or
performance test.
(iii) Maintain the hourly average temperature of the adsorption bed
after regeneration (and within 15 minutes after completing any cooling
cycle) less than or equal to the temperature established during the
design evaluation.
(iv) Maintain the frequency of regeneration greater than or equal to
the frequency established during the design evaluation.
(2) If you use a nonregenerable carbon adsorption system, you must
maintain the hourly average temperature of the adsorption bed less than
or equal to the temperature established during the design evaluation or
performance test.
(3) If you use a condenser, you must maintain the daily average
condenser exit temperature less than or equal to the temperature
established during the design evaluation or performance test.
(4) If you use a thermal incinerator, you must maintain the daily
average firebox temperature greater than or equal to the temperature
established in the design evaluation or during the performance test.
(5) If you use a catalytic incinerator, you must maintain the daily
average temperature difference across the catalyst bed greater than or
equal to the minimum temperature difference established during the
performance test or design evaluation.
(6) If you use a boiler or process heater to comply with an emission
limit in paragraph (d) of this section, you must maintain the daily
average firebox temperature within the operating level established
during the design evaluation or performance test.
(h) If you use a carbon adsorption system as your control, you must
meet each work practice standard in paragraphs (h)(1) through (3) of
this section that applies to your control device.
(1) If you use a regenerable carbon adsorption system, you must:
(i) Replace the existing adsorbent in each segment of the bed with
an adsorbent that meets the replacement specifications established
during the design evaluation before the age of the adsorbent exceeds the
maximum allowable age established during the design evaluation.
(ii) Follow the disposal requirements for spent carbon in Sec.
63.693(d)(4).
(2) If you use a nonregenerable carbon adsorption system, you must:
(i) Replace the existing adsorbent in each segment of the bed with
an adsorbent that meets the replacement specifications established
during the design evaluation before the age of the adsorbent exceeds the
maximum allowable age established during the design evaluation.
(ii) Meet the disposal requirements for spent carbon in Sec.
63.693(d)(4)(ii).
(3) If you use a nonregenerative carbon adsorption system, you may

[[Page 302]]

choose to comply with the requirements in paragraphs (h)(3)(i) and (ii)
of this section as an alternative to the requirements in paragraph
(h)(2) of this section. You must:
(i) Immediately replace the carbon canister or carbon in the control
device when the monitoring device indicates breakthrough has occurred
according to the requirements in Sec.63.693(d)(4)(iii)(A), or replace
the carbon canister or carbon in the control device at regular intervals
according to the requirements in Sec.63.693(d)(4)(iii)(B).
(ii) Follow the disposal requirements for spent carbon in Sec.
63.693(d)(4)(ii).
(i) If you use a catalytic incinerator, you must replace the
existing catalyst bed with a bed that meets the replacement
specifications before the age of the bed exceeds the maximum allowable
age established in the design evaluation or during the performance test.
(j) As provided in Sec.63.6(g), you may request approval from the
EPA to use an alternative to the work practice standards in this section
that apply to your closed vent systems and control devices. If you
request for permission to use an alternative to the work practice
standards, you must submit the information described in Sec.
63.6(g)(2).

Sec.63.7926 How do I demonstrate initial compliance with the emission
limitations and work practice standards for closed vent systems
and control devices?

(a) You must demonstrate initial compliance with the emissions
limitations and work practice standards in this subpart applicable to
your closed vent system and control device by meeting the requirements
in paragraphs (b) through (h) of this section that apply to your closed
vent system and control device.
(b) You must demonstrate initial compliance with the closed vent
system work practice standards in Sec.63.7925(c) if you have submitted
as part of your notification of compliance status, specified in Sec.
63.7950, a signed statement that you have met the requirements in
paragraphs (b)(1) and (2) of this section.
(1) You have installed a closed vent system that meets the
requirements in Sec.63.695(c)(1) and (2), and you have records
documenting the equipment design and installation.
(2) You have performed the initial inspection of the closed vent
system according to the requirements in Sec.63.695(c)(1)(i) or (ii),
and you have records documenting the inspection results.
(c) You must demonstrate initial compliance of each control device
subject to the emissions limits in Sec.63.7925(d) with the applicable
emissions limit in Sec.63.7925(d) if you have submitted as part of
your notification of compliance status, specified in Sec.63.7950, a
signed statement that you have met the requirements in paragraphs (c)(1)
and (2) of this section that apply to you.
(1) For the emissions limit in Sec.63.7925(d)(1), the emissions of
total HAP listed in Table 1 of this subpart or TOC (minus methane and
ethane) from the control device, measured or determined according to the
procedures for performance tests and design evaluations in Sec.
63.7941, are reduced by at least 95 percent by weight.
(2) For the emissions limit in Sec.63.7925(d)(2), the
concentration of total HAP listed in Table 1 of this subpart or TOC
(minus methane and ethane) from the combustion control device, measured
by a performance test or determined by a design evaluation according to
the procedures in Sec.63.7941, do not exceed 20 ppmv on a dry basis
corrected to 3 percent oxygen.
(d) You must demonstrate initial compliance of each control device
subject to operating limits in Sec.63.7925(g) with the applicable
limits if you have submitted as part of your notification of compliance
status, specified in Sec.63.7950, a signed statement that you have met
the requirements in paragraphs (d)(1) and (2) of this section.
(1) You have established an appropriate operating limit(s) for each
of the operating parameter applicable to your control device as
specified in Sec.63.7925(g)(1) through (6).
(2) You have a record of the applicable operating parameter data
during the performance test or design evaluation during which the
emissions met the applicable limit.

[[Page 303]]

(e) You must demonstrate initial compliance with the spent carbon
replacement and disposal work practice standards for carbon adsorption
systems in Sec.63.7925(h) if you have submitted as part of your
notification of compliance status, specified in Sec.63.7950, a signed
statement that you will comply with each work practice standard that
applies to your carbon adsorption system.
(f) You must demonstrate initial compliance with the catalyst
replacement work practice standards for catalytic incinerators in Sec.
63.7925(i) if you have submitted as part of your notification of
compliance status, specified in Sec.63.7950, a signed statement that
you will comply with the specified work practice standard.
(g) You must demonstrate initial compliance of each flare with the
work practice standards in Sec.63.7925(e) if you have submitted as
part of your notification of compliance status, specified in Sec.
63.7950, a signed statement that you have met the requirements in
paragraphs (g)(1) through (3) of this section.
(1) Each flare meets the requirements in Sec.63.11(b).
(2) You have performed a visible emissions test, determined the net
heating value of gas being combusted, and determined the flare exit
velocity as required in Sec.63.693(h)(2).
(3) You will operate each flare according to the requirements in
Sec.63.11(b).
(h) You must demonstrate initial compliance of each boiler or
process heater with the work practice standards in Sec.63.7925(f) if
you have submitted as part of your notification of compliance status,
specified in Sec.63.7950, a signed statement that you have met the
requirements in paragraphs (h)(1) through (3) of this section.
(1) For the work practice standards in Sec.63.7925(f)(1), you have
records documenting that the boiler or process heater is designed to
operate at a residence time of 0.5 seconds or greater and maintain the
combustion zone temperature at 760 [deg]C or greater.
(2) For the work practice standard in Sec.63.7925(f)(2), you have
records documenting that the vent stream is introduced with the fuel
according to the requirements in Sec.63.693(g)(1)(iv), or that the
vent stream is introduced to a boiler or process heater that meets the
requirements in Sec.63.693(g)(1)(v).
(3) For the work practice standard in Sec.63.7925(f)(3), you have
records documenting you either have been issued a final permit under 40
CFR part 270 and your boiler or process heater complies with the
requirements of 40 CFR part 266, subpart H--Hazardous Waste Burned in
Boilers and Industrial Furnaces; or has been certified in compliance
with the interim status requirements of 40 CFR part 266, subpart H.

Sec.63.7927 What are my inspection and monitoring requirements
for closed vent systems and control devices?

(a) You must comply with the requirements in paragraphs (a)(1) and
(2) of this section for each closed vent system.
(1) You must monitor and inspect each closed vent system according
to the requirements in either paragraph (a)(1)(i) or (ii) of this
section.
(i) You must monitor, inspect, and repair defects according to the
requirements in Sec.63.695(c)(1)(ii) through (c)(3); or
(ii) You must monitor and inspect the closed vent system according
to the requirements in Sec.63.172(f) through (j) and record the
information in Sec.63.181.
(2) If your closed vent system includes a bypass device, you must
meet the requirements in either paragraph (a)(2)(i) or (ii) of this
section.
(i) Use a flow indicator to determine if the presence of flow
according to the requirements in Sec.63.693(c)(2)(i); or
(ii) Use a seal or locking device and make monthly inspections as
required by Sec.63.693(c)(2)(ii).
(b) If you use a regenerable carbon adsorption system, you must meet
the requirements in paragraphs (b)(1) through (3) of this section.
(1) Use a continuous parameter monitoring system (CPMS) to measure
and record the hourly average total regeneration stream mass flow during
each carbon adsorption cycle.
(2) Use a CPMS to measure and record the hourly average temperature
of the adsorption bed during regeneration (except during the cooling
cycle).

[[Page 304]]

(3) Use a CPMS to measure and record the hourly average temperature
of the adsorption bed after regeneration (and within 15 minutes after
completing any cooling cycle).
(c) If you use a nonregenerable carbon adsorption system, you must
use a CPMS to measure and record the hourly average temperature of the
adsorption bed or you must monitor the concentration of organic
compounds in the exhaust vent stream according to the requirements in
Sec.63.693(d)(4)(iii)(A).
(d) If you use a condenser, you must use a CPMS to measure and
record the hourly average condenser exit temperature and determine and
record the daily average condenser exit temperature.
(e) If you use a thermal incinerator, you must use a CPMS to measure
and record the hourly average firebox temperature and determine and
record the daily average firebox temperature.
(f) If you use a catalytic incinerator, you must use a CPMS with two
temperature sensors to measure and record the hourly average temperature
at the inlet of the catalyst bed, the hourly average temperature at the
outlet of the catalyst bed, the hourly average temperature difference
across the catalyst bed, and to determine and record the daily average
temperature difference across the catalyst bed.
(g) If you use a boiler or process heater to meet an emission
limitation, you must use a CPMS to measure and record the hourly average
firebox temperature and determine and record the daily average firebox
temperature.
(h) If you use a flare, you must monitor the operation of the flare
using a heat sensing monitoring device according to the requirements in
Sec.63.693(h)(3).
(i) If you introduce the vent stream into the flame zone of a boiler
or process heater according to the requirements in Sec.63.7925(f)(1),
you must use a CPMS to measure and record the combustion zone
temperature.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]

Sec.63.7928 How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for closed vent
systems and control devices?

(a) You must demonstrate continuous compliance with the emissions
limitations and work practice standards in this subpart applicable to
your closed vent system and control device by meeting the requirements
in paragraphs (b) through (j) of this section as applicable to your
closed vent system and control device.
(b) You must demonstrate continuous compliance with the closed vent
system work practice standards in Sec.63.7925(c) by meeting the
requirements in paragraphs (b)(1) through (7) of this section.
(1) For a closed vent system designed to operate with no detectable
organic emissions, visually inspecting the closed vent system at least
annually, monitoring after a repair or replacement using the procedures
in Sec.63.694(k), and monitoring at least annually according to the
requirements in Sec.63.695(c)(1)(ii).
(2) For a closed vent system designed to operate below atmospheric
pressure, visually inspecting the closed vent system at least annually
according to the requirements in Sec.63.695(c)(2)(ii).
(3) Repairing defects according to the requirements in Sec.
63.695(c)(3).
(4) Keeping records of each inspection that include the information
in paragraphs (b)(4)(i) through (iii) of this section:
(i) A closed vent system identification number (or other unique
identification description you select).
(ii) Date of each inspection.
(iii) If a defect is detected during an inspection, the location of
the defect, a description of the defect, the date of detection, the
corrective action taken to repair the defect, and if repair is delayed,
the reason for any delay and the date completion of the repair is
expected.
(5) If you elect to monitor the closed vent system according to the
requirements in Sec.63.172(f) through (j), recording the information
in Sec.63.181.
(6) If the closed vent system is equipped with a flow indicator,
recording the information in Sec.63.693(c)(2)(i).

[[Page 305]]

(7) If the closed vent system is equipped with a seal or locking
device, visually inspecting the seal or closure mechanism at least
monthly according to the requirements in Sec.63.693(c)(2)(ii), and
recording the results of each inspection.
(c) You must demonstrate continuous compliance of each control
device subject to the emissions limits in Sec.63.7925(d) with the
applicable emissions limit in Sec.63.7925(d) by meeting the
requirements in paragraph (c)(1) or (2) of this section.
(1) For the emission limit in Sec.63.7925(d)(1), maintaining the
reduction in emissions of total HAP listed in Table 1 of this subpart or
TOC (minus methane and ethane) from the control device at 95 percent by
weight or greater.
(2) For the emission limit in Sec.63.7925(d)(2), maintaining the
concentration of total HAP listed in Table 1 of this subpart or TOC
(minus methane and ethane) from the control device at 20 ppmv or less.
(d) You must demonstrate continuous compliance of each control
device subject to operating limits in Sec.63.7925(g) with the
applicable limits by meeting the requirements in paragraphs (d)(1)
through (4) of this section.
(1) Maintaining each operating limit according to the requirements
in Sec.63.7925(g) as applicable to the control device.
(2) Monitoring and inspecting each control device according to the
requirements in Sec.63.7927(b) through (i) as applicable to the
control device.
(3) Operating and maintaining each continuous monitoring system
according to the requirements in Sec.63.7945, and collecting and
reducing data according to the requirements in Sec.63.7946.
(4) Keeping records to document compliance with the requirements of
this subpart according to the requirements in Sec.63.7952.
(e) You must demonstrate continuous compliance with the spent carbon
replacement and disposal work practice standards for regenerable carbon
adsorption systems in Sec.63.7925(h)(1) by meeting the requirements in
paragraphs (e)(1) through (3) of this section.
(1) Replacing the adsorbent as required by Sec.63.7925(h)(1)(i).
(2) Following the disposal requirements for spent carbon in Sec.
63.693(d)(4)(ii).
(3) Keeping records to document compliance with the requirements of
the work practice standards.
(f) You must demonstrate continuous compliance with the spent carbon
replacement and disposal work practice standards for nonregenerable
carbon adsorption systems in Sec.63.7925(h)(2) by meeting the
requirements in paragraphs (f)(1) through (3) of this section.
(1) Replacing the adsorbent as required by the work practice
standard in Sec.63.7925(h)(2)(i).
(2) Following the disposal requirements for spent carbon in Sec.
63.693(d)(4)(ii).
(3) Keeping records to document compliance with the requirements of
the work practice standards.
(g) You must demonstrate continuous compliance with the spent carbon
replacement and disposal work practice standards for nonregenerable
carbon adsorption systems in Sec.63.7925(h)(3) by meeting the
requirements in paragraphs (g)(1) through (3) of this section.
(1) Monitoring the concentration level of the organic compounds in
the exhaust vent for the carbon adsorption system as required in Sec.
63.7927(c), immediately replacing the carbon canister or carbon in the
control device when breakthrough is indicated by the monitoring device,
and recording the date of breakthrough and carbon replacement. Or, you
must replace the carbon canister or carbon in the control device at
regular intervals and record the date of carbon replacement.
(2) Following the disposal requirements for spent carbon in Sec.
63.693(d)(4)(ii).
(3) Keeping records to document compliance with the requirements of
the work practice standards.
(h) You must demonstrate continuous compliance with the catalyst
replacement work practice standards for catalytic incinerators in Sec.
63.7925(i) by meeting the requirements in paragraphs (h)(1) and (2) of
this section.
(1) Replacing the existing catalyst bed as required in Sec.
63.7925(i).
(2) Keeping records to document compliance with the requirements of
the work practice standards.

[[Page 306]]

(i) You must demonstrate continuous compliance of each flare with
the work practice standards in Sec.63.7925(e) by meeting the
requirements in paragraphs (i)(1) through (5) of this section.
(1) Operating the flare with no visible emissions except for up to 5
minutes in any 2 consecutive hours according to the requirements in
Sec.63.11(b)(4).
(2) Monitoring the presence of a pilot flare according to the
requirements in Sec.63.7927(h) and maintaining a pilot flame and flare
flame at all times that emissions are not vented to the flare according
to the requirements in Sec.63.11(b)(5).
(3) Operating the flare with an exit velocity according to the
requirements in Sec.63.11(b)(6) through (8).
(4) Operating the flare with a net heating value of the gas being
combusted according to the requirements in Sec.63.11(b)(6)(ii).
(5) Keeping records to document compliance with the requirements of
the work practice standards.
(j) You must demonstrate continuous compliance of each boiler or
process heater with the work practice standards in Sec.63.7925(f) by
meeting the requirements in paragraphs (j)(1) through (3) of this
section.
(1) For the work practice standards in Sec.63.7925(f)(1), you must
demonstrate continuous compliance by meeting the requirements in
paragraphs (j)(1)(i) through (iv).
(i) Maintaining conditions in the combustion chamber at a residence
time of 0.5 seconds or longer and at a combustion zone temperature at
760 [deg]C or greater whenever the vent stream is introduced to the
flame zone of the boiler or process heater.
(ii) Monitoring each boiler or process heater according to the
requirements in Sec.63.7927(i).
(iii) Operating and maintaining each continuous monitoring system
according to the requirements in Sec.63.7945, and collecting and
reducing data according to the requirements in Sec.63.7946.
(iv) Keeping records to document compliance with residence time
design requirement.
(2) For the work practice standards in Sec.63.7925(f)(2), you
maintain the boiler or process heater operations such that the vent
stream is introduced with the fuel according to the requirements in
Sec.63.693(g)(1)(iv), or that the vent stream is introduced to a
boiler or process heater that meets the requirements in Sec.
63.693(g)(1)(v).
(3) For the work practice standard in Sec.63.7925(f)(3), you
remain in compliance with all terms and conditions of the final permit
under 40 CFR part 270 and your boiler or process heater complies with
the requirements of 40 CFR part 266, subpart H--Hazardous Waste Burned
in Boilers and Industrial Furnaces; or in compliance with the interim
status requirements of 40 CFR part 266, subpart H, as applicable to your
boiler or process heater.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]

General Compliance Requirements

Sec.63.7935 What are my general requirements for complying with
this subpart?

(a) You must be in compliance with the emissions limitations
(including operating limits) and the work practice standards in this
subpart at all times, except during periods of startup, shutdown, and
malfunction.
(b) You must always operate and maintain your affected source,
including air pollution control and monitoring equipment, according to
the provisions in Sec.63.6(e)(1)(i).
(c) You must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec.63.6(e)(3).
(d) [Reserved]
(e) You must report each instance in which you did not meet each
emissions limitation and each operating limit that applies to you. This
includes periods of startup, shutdown, and malfunction. You must also
report each instance in which you did not meet the requirements for work
practice standards that apply to you. These instances are deviations
from the emissions limitations and work practice standards in this
subpart. These deviations must be reported according to the requirements
in Sec.63.7951.
(f) Consistent with Sec. Sec.63.6(e) and 63.7(e)(1), deviations
that occur during

[[Page 307]]

a period of startup, shutdown, or malfunction are not violations if you
demonstrate to the Administrator's satisfaction that you were operating
in accordance with Sec.63.6(e)(1). We will determine whether
deviations that occur during a period of startup, shutdown, or
malfunction are violations, according to the provisions in Sec.
63.6(e).
(g) For each monitoring system required in this section, you must
develop and make available for inspection by the permitting authority,
upon request, a site-specific monitoring plan that addresses the
following:
(1) Installation of the continuous monitoring system sampling probe
or other interface at a measurement location relative to each affected
process unit such that the measurement is representative of control of
the exhaust emissions (e.g., on or downstream of the last control
device).
(2) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer,
and the data collection and reduction system.
(3) Performance evaluation procedures and acceptance criteria (e.g.,
calibrations).
(h) In your site-specific monitoring plan, you must also address the
following:
(1) Ongoing operation and maintenance procedures according to the
general requirements of Sec.63.8(c)(1), (3), (4)(ii), (7), and (8).
(2) Ongoing data quality assurance procedures according to the
general requirements of Sec.63.8(d).
(3) Ongoing recordkeeping and reporting procedures according to the
general requirements of Sec.63.10(c), (e)(1), and (e)(2)(i).
(i) You must operate and maintain the continuous monitoring system
according to the site-specific monitoring plan.
(j) You must conduct a performance evaluation of each continuous
monitoring according to your site-specific monitoring plan.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 20468, Apr. 20, 2006; 71
FR 69018, Nov. 29, 2006]

Sec.63.7936 What requirements must I meet if I transfer remediation
material off-site to another facility?

(a) If you transfer to another facility a remediation material
generated by your remediation activities and having an average total
VOHAP concentration equal to or greater than 10 ppmw (as determined
using the procedures specified in Sec.63.7943), then you must transfer
the remediation material to a facility that meets the requirements in
paragraph (b) of this section. You must record the name, street address,
and telephone number of the facility where you send this remediation
material.
(b) You may elect to transfer the remediation material to one of the
following facilities:
(1) A facility where your remediation material will be directly
disposed in a landfill or other land disposal unit according to all
applicable Federal and State requirements.
(2) A facility subject to 40 CFR part 63, subpart DD where the
exemption under Sec.63.680(b)(2)(iii) is waived and air emissions from
the management of your remediation material at the facility are
controlled according to all applicable requirements in the subpart for
an off-site material. Prior to sending your remediation material, you
must obtain a written statement from the owner or operator of the
facility to which you send your remediation material acknowledging that
the exemption under Sec.63.680(b)(2)(iii) will be waived for all
remediation material received at the facility from you and your material
will be managed as an off-site material at the facility according to all
applicable requirements. This statement must be signed by the
responsible official of the receiving facility, provide the name and
address of the receiving facility, and a copy sent to the appropriate
EPA Regional Office at the addresses listed in 40 CFR 63.13.
(3) A facility where your remediation material will be managed
according to all applicable requirements under this Subpart.
(i) You must prepare and include a notice with each shipment or
transport of remediation material from your site. This notice must state
that the remediation material contains organic HAP that are to be
treated according to the

[[Page 308]]

provisions of this subpart. When the transport is continuous or ongoing
(for example, discharge to a publicly owned treatment works), the notice
must be submitted to the receiving facility owner or operator initially
and whenever there is a change in the required treatment.
(ii) You may not transfer the remediation material unless the owner
or operator of the facility receiving your remediation material has
submitted to the EPA a written certification that he or she will manage
remediation material received from you according to the requirements of
Sec. Sec.63.7885 through 63.7957. The receiving facility owner or
operator may revoke the written certification by sending a written
statement to the EPA and to you providing at least 90 days notice that
they rescind acceptance of responsibility for compliance with the
regulatory provisions listed in this section. Upon expiration of the
notice period, you may not transfer your remediation material to the
facility.
(iii) By providing the written certification to the EPA, the
receiving facility owner or operator accepts responsibility for
compliance with the regulatory provisions listed in paragraph (b)(3) of
this section with respect to any shipment of remediation material
covered by the written certification. Failure to abide by any of those
provisions with respect to such shipments may result in enforcement
action by the EPA against the certifying entity according to the
enforcement provisions applicable to violations of these provisions by
owners or operators of sources.
(iv) Written certifications and revocation statements to the EPA
from the receiving facility owner or operator must be signed by the
responsible official of the receiving facility, provide the name and
address of the receiving facility, and a copy sent to the appropriate
EPA Regional Office at the addresses listed in 40 CFR 63.13. Such
written certifications are not transferable.
(c) Acceptance by a facility owner or operator of remediation
material from a site remediation subject to this Subpart does not, by
itself, require the facility owner or operator to obtain a title V
permit under 40 CFR 70.3 or 40 CFR 71.3.

Sec.63.7937 How do I demonstrate initial compliance with the general
standards?

(a) You must demonstrate initial compliance with the general
standards in Sec. Sec.63.7884 through 63.7887 that apply to your
affected sources by meeting the requirements in paragraphs (b) through
(d) of this section, as applicable to you.
(b) You must demonstrate initial compliance with the general
standards in Sec.63.7885 that apply to your affected process vents by
meeting the requirements in paragraphs (b)(1) through (4) of this
section, as applicable to your process vents.
(1) If HAP emissions are controlled from the affected process vents
according to the emission limitations and work practice standards
specified in Sec.63.7885(b)(1), you have met the initial compliance
requirements in Sec.63.7891.
(2) If the remediation material treated or managed by the process
vented through the affected process vents has an average total VOHAP
less than 10 ppmw according to Sec.63.7885(b)(2), you have submitted
as part of your notification of compliance status, specified in Sec.
63.7950, a signed statement that you have determined, according to the
procedures Sec.63.7943, and recorded the average VOHAP concentration
of the remediation material placed in the affected remediation material
management unit.
(3) If HAP emissions are controlled from the affected process vents
to meet standards in another subpart under 40 CFR part 61 or 40 CFR part
63 according to Sec.63.7885(b)(3), you have submitted as part of your
notification of compliance status, specified in Sec.63.7950, a signed
statement that you have met the requirements in paragraphs (b)(3)(i) and
(ii) of this section.
(i) You include in your statement the citations for the specific
emission limitations and work practice standards that apply to the
process vents under the subpart in 40 CFR part 61 or 40 CFR part 63 that
the vents are also subject.
(ii) You are complying with all applicable emissions limitations and
work practice standards specified by the applicable subpart.

[[Page 309]]

(4) For each process vent exempted according to Sec.63.7885(c),
you have submitted as part of your notification of compliance status,
specified in Sec.63.7950, a signed statement that you have met the
requirements in paragraphs (b)(4)(i) and (ii) of this section.
(i) You identify in your statement each process vent that qualifies
for an exemption and the exemption conditions in Sec.63.7885(c)(1)(i)
or (ii) that apply to each exempted process vent.
(ii) You have performed the measurements and prepared the
documentation required in Sec.63.7885(c)(2) that demonstrates that
each exempted process vent stream meets the applicable exemption
conditions in Sec.63.7885(c)(1).
(c) You must demonstrate initial compliance with the general
standards in Sec.63.7886 that apply to your affected remediation
material management units by meeting the requirements in paragraphs
(c)(1) through (6) of this section, as applicable to your remediation
material management units.
(1) If the remediation material management unit uses air pollution
controls according to the standards specified in Sec.63.7886(b)(1),
you have met the initial compliance requirements applicable to the
remediation material management unit in Sec. Sec.63.7896, 63.7901,
63.7906, 63.7911, or 63.7816.
(2) If the remediation material managed in the affected remediation
material management unit has an average total VOHAP concentration less
than 500 ppmw according to Sec.63.7886(b)(2), you have submitted as
part of your notification of compliance status, specified in Sec.
63.7950, a signed statement that you have determined, according to the
procedures in Sec.63.7943, and recorded the average VOHAP
concentration of the remediation material placed in the affected
remediation material management unit.
(3) If HAP emissions are controlled from the affected remediation
material management units to meet standards in another subpart under 40
CFR part 61 or 40 CFR part 63 according to Sec.63.7886(b)(3), you have
submitted as part of your notification of compliance status, specified
in Sec.63.7950, a signed statement that you have met the requirements
in paragraphs (c)(3)(i) and (ii) of this section.
(i) You include in your statement the citations for the specific
emission limitations and work practice standards that apply to the
remediation material management units under the subpart in 40 CFR part
61 or 40 CFR part 63 that the units are also subject.
(ii) You are complying with all applicable emissions limitations and
work practice standards specified by the applicable subpart.
(4) If HAP emissions are controlled from the affected remediation
material management unit that is an open tank or surface impoundment
used for a biological treatment process according to Sec.
63.7886(b)(4), you have submitted as part of your notification of
compliance status, specified in Sec.63.7950, a signed statement that
you have met the requirements in paragraphs (c)(4)(i) and (ii) of this
section.
(i) You have performed the measurements and prepared the
documentation required in Sec.63.7886(b)(4)(i) that demonstrates that
each unit meets the applicable performance levels.
(ii) You will monitor the biological treatment process conducted in
each unit according to the requirements in Sec.63.684(e)(4).
(5) For each remediation material management unit used for cleanup
of radioactive mixed waste and exempted according to Sec.63.7886(c),
you have submitted as part of your notification of compliance status,
specified in Sec.63.7950, a signed statement that you have met the
requirements in paragraphs (c)(5)(i) and (ii) of this section.
(i) You include in your statement the citations for the specific
requirements that apply to the remediation material management units
under regulations, directives, and other requirements under the Atomic
Energy Act, the Nuclear Waste Policy Act, or the Waste Isolation Pilot
Plant Land Withdrawal Act.
(ii) You are complying with all requirements that apply to the
remediation material management units under the applicable regulations
or directives.
(6) For each remediation material management unit exempted according
to Sec.63.7886(d), you have submitted as part of your notification of
compliance status, specified in Sec.63.7950, a signed

[[Page 310]]

statement that you have met the requirements in paragraphs (c)(6)(i) and
(ii) of this section.
(i) You have designated according to the requirements in Sec.
63.7886(d)(1) each of the remediation material management units you are
selecting to be exempted.
(ii) You have performed an initial determination and prepared the
documentation required in Sec.63.7886(d)(2) that demonstrates that the
total annual HAP quantity (based on the HAP listed in Table 1 of this
subpart) in the remediation material placed in all of the designated
exempted remediation material management units will be less than 1 Mg/
yr.
(d) You must demonstrate initial compliance with the general
standards in Sec.63.7887 that apply to your affected equipment leak
sources by meeting the requirements in Sec.63.7921.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]

Sec.63.7938 How do I demonstrate continuous compliance with the
general standards?

(a) You must demonstrate continuous compliance with the general
standards in Sec. Sec.63.7884 through 63.7887 that apply to your
affected sources by meeting the requirements in paragraphs (b) through
(d) of this section, as applicable to you.
(b) You have demonstrated continuous compliance with the general
standards in Sec.63.7885 that apply to your affected process vents by
meeting the requirements in paragraphs (b)(1) through (4) of this
section, as applicable to your process vents.
(1) If HAP emissions are controlled from the affected process vents
according to the emission limitations and work practice standards
specified in Sec.63.7885(b)(1), you must demonstrate continuous
compliance by meeting the requirements in Sec.63.7893.
(2) If the remediation material treated or managed by the process
vented through the affected process vents has an average total VOHAP
less than 10 ppmw according to Sec.63.7885(c)(1), you must demonstrate
continuous compliance by performing a new determination and preparing
new documentation as required in Sec.63.7885(c)(2) to show that the
total VOHAP concentration of the remediation material remains less than
10 ppmw.
(3) If HAP emissions are controlled from the affected process vents
to meet standards in another subpart under 40 CFR part 61 or 40 CFR part
63 according to Sec.63.7885(b)(3), you must demonstrate continuous
compliance by complying with all applicable emissions limitations and
work practice standards specified by the applicable subpart.
(4) For each process vent exempted according to Sec.63.7885(c),
you must demonstrate continuous compliance by performing new
measurements and preparing new documentation as required in Sec.
63.7885(c)(2) that demonstrates that each exempted process vent stream
meets the applicable exemption conditions in Sec.63.7885(c)(1).
(c) You must demonstrate continuous compliance with the general
standards in Sec.63.7886 that apply to your affected remediation
material management units by meeting the requirements in paragraphs
(c)(1) through (6) of this section, as applicable to your remediation
material management units.
(1) If the remediation material management unit uses air pollution
controls according to the standards specified in Sec.63.7886(b)(1),
you must demonstrate continuous compliance by meeting the requirements
applicable to the remediation material management unit in Sec. Sec.
63.7898, 63.7903, 63.7908, 63.7913, or 63.7818.
(2) If the remediation material managed in the affected remediation
material managements has an average total VOHAP concentration less than
500 ppmw according to Sec.63.7886(b)(2), you must demonstrate
continuous compliance by performing a new determination and preparing
new documentation as required in Sec.63.7886(c)(2) to show that the
total VOHAP concentration of the remediation material remains less than
500 ppmw.
(3) If HAP emissions are controlled from the affected remediation
material management units to meet standards in another subpart under 40
CFR part 61 or 40 CFR part 63 according to Sec.63.7886(b)(3), you must
demonstrate continuous compliance by meeting all applicable emissions
limitations and

[[Page 311]]

work practice standards specified by the applicable subpart.
(4) If HAP emissions are controlled from the affected remediation
material management unit that is an open tank or surface impoundment
used for a biological treatment process according to Sec.
63.7886(b)(4), you must demonstrate continuous compliance by meeting the
requirements in paragraphs (c)(4)(i) and (ii) of this section.
(i) Performing new measurements and preparing new documentation as
required in Sec.63.7886(4)(i) that demonstrates that each unit meets
the applicable performance levels.
(ii) Monitoring the biological treatment process conducted in each
unit according to the requirements in Sec.63.7886(4)(i).
(5) For each remediation material management unit used for cleanup
of radioactive mixed waste and exempted according to Sec.63.7886(c),
you must demonstrate continuous compliance by meeting all requirements
that apply to the remediation material management units under the
applicable regulations or directives.
(6) For each remediation material management unit exempted according
to Sec.63.7886(d), you must demonstrate continuous compliance by
performing new measurements and preparing new documentation as required
in Sec.63.7886(d)(2) to show that the total annual HAP quantity (based
on the HAP listed in Table 1 of this subpart) in the remediation
material placed in all of the designated exempted remediation material
management units remains less than 1 Mg/yr.
(d) You have demonstrated continuous compliance with the general
standards in Sec.63.7887 that apply to your affected equipment leak
sources by meeting the requirements in Sec.63.7923.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]

Performance Tests

Sec.63.7940 By what date must I conduct performance tests or other
initial compliance demonstrations?

(a) You must conduct a performance test or design evaluation for
each existing affected source within 180 calendar days after the
compliance date that is specified in Sec.63.7883.
(b) For each work practice standard that applies to you where
initial compliance is not demonstrated using a performance test or
design evaluation, you must demonstrate initial compliance within 30
calendar days after the compliance date that is specified in Sec.
63.7883 for your affected source.
(c) For new sources, you must conduct initial performance tests and
other initial compliance demonstrations according to the provisions in
Sec.63.7(a)(2).

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69019, Nov. 29, 2006]

Sec.63.7941 How do I conduct a performance test, design evaluation,
or other type of initial compliance demonstration?

(a) You must conduct a performance test or design evaluation to
demonstrate initial compliance for each new or existing affected source
that is subject to an emission limit in this subpart. You must report
the results of the performance test or design evaluation according to
the requirements in Sec.63.7950(e)(1).
(b) If you choose to conduct a performance test to demonstrate
initial compliance, you must conduct the test according to the
requirements in Sec.63.7(e)(1) and paragraphs (b) (1) through (5) of
this section.
(1) You must conduct three separate test runs for each performance
test required in this section, as specified in Sec.63.7(e)(3). Each
test run must last at least 1 hour.
(2) You may not conduct performance tests during periods of startup,
shutdown, or malfunction, as specified in Sec.63.7(e)(1).
(3) You must conduct each performance test using the test methods
and procedures in Sec.63.694(l).
(4) Follow the procedures in paragraphs (b)(4)(i) through (iii) of
this section to determine compliance with the facility-wide total
organic mass emissions rate in Sec.63.7890(a)(1)(i).
(i) Determine compliance with the total organic mass flow rate using
Equation 1 of this section as follows:

[[Page 312]]

[GRAPHIC] [TIFF OMITTED] TR08OC03.000

Where:

Eh = Total organic mass flow rate, kg/h;
Qsd = Volumetric flow rate of gases entering or exiting
control device (or exiting the process vent if no control
device is used), as determined by Method 2 of 40 CFR part 60,
appendix A, dscm/h;
n = Number of organic compounds in the vent gas;
Ci = Organic concentration in ppm, dry basis, of compound i
in the vent gas, as determined by Method 18 of 40 CFR part 60,
appendix A;
MWi = Molecular weight of organic compound i in the vent
gas,kg/kg-mol;

(ii) Determine compliance with the annual total organic emissions
rate using Equation 2 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR08OC03.001

Where:

EA = Total organic mass emissions rate, kilograms per year;
Eh = Total organic mass flow rate for the process vent, kg/h;
H = Total annual hours of operation for the affected unit, h.

(iii) Determine compliance with the total organic emissions limit
from all affected process vents at the facility by summing the total
hourly organic mass emissions rates (Eh as determined in
Equation 1 of this section) and summing the total annual organic mass
emissions rates (EA, as determined in Equation 2 of this
section) for all affected process vents at the facility.
(5) Determine compliance with the 95 percent reduction limit in
Sec.63.7890(a)(2)(i) for the combination of all affected process vents
at the facility using Equations 3 and 4 of this section to calculate
control device inlet and outlet concentrations and Equation 5 of this
section to calculate control device emission reductions for process
vents as follows:
[GRAPHIC] [TIFF OMITTED] TR08OC03.002

[GRAPHIC] [TIFF OMITTED] TR08OC03.003

Where:

Cij, Coj = Concentration of sample component j of
the gas stream at the inlet and outlet of the control device,
dry basis, parts per million by volume. For uncontrolled
vents, Cij = Coj and equal the
concentration exiting the vent;
Ei, Eo = Mass rate of total organic compounds
(TOC) (minus methane and ethane) or total HAP, from Table 1 of
this subpart, at the inlet and outlet of the control device,
respectively, dry basis, kilogram per hour. For uncontrolled
vents, Ei = Eo and equal the
concentration exiting the vent;
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. For uncontrolled vents,
Mij = Moj and equal the gas stream
molecular weight exiting the vent;
Qi, Qo = Flowrate of gas stream at the inlet and
outlet of the control device, respectively, dry standard cubic
meters per minute (dscm/min). For uncontrolled vents,
Qi = Qo and equals the flowrate exiting
the vent;
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);
n = the number of components in the sample.
[GRAPHIC] [TIFF OMITTED] TR08OC03.004

Where:

Rv = Overall emissions reduction for all affected process
vents, percent
Ei = Mass rate of TOC (minus methane and ethane) or total
HAP, from Table 1 of this subpart, at the inlet to the control
device, or exiting the vent for uncontrolled vents, as
calculated in this section, kilograms TOC per hour or
kilograms HAP per hour;
Eo = Mass rate of TOC (minus methane and ethane) or total
HAP, from Table 1 of

[[Page 313]]

this subpart, at the outlet to the control device, or exiting
the vent for uncontrolled vents, as calculated in this
section, kilograms TOC per hour or kilograms HAP per hour. For
vents without a control device, Eo = Ei;
n = number of affected source process vents.

(c) If you use a carbon adsorption system, condenser, vapor
incinerator, boiler, or process heater to meet an emission limit in this
subpart, you may choose to perform a design evaluation to demonstrate
initial compliance instead of a performance test. You must perform a
design evaluation according to the general requirements in Sec.
63.693(b)(8) and the specific requirements in Sec.63.693(d)(2)(ii) for
a carbon adsorption system (including establishing carbon replacement
schedules and associated requirements), Sec.63.693(e)(2)(ii) for a
condenser, Sec.63.693(f)(2)(ii) for a vapor incinerator, or Sec.
63.693(g)(2)(i)(B) for a boiler or process heater.
(d) During the performance test or design evaluation, you must
collect the appropriate operating parameter monitoring system data,
average the operating parameter data over each test run, and set
operating limits, whether a minimum or maximum value, based on the
average of values for each of the three test runs. If you use 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.
(e) If you control air emissions from an affected source by
introducing the vent stream into the flame zone of a boiler or process
heater according to the requirements in Sec.63.693(g)(1)(iii), you
must conduct a performance test or design evaluation to demonstrate that
the boiler or process heater meets the applicable emission limit while
operating at a residence time of 0.5 seconds or greater and at a
combustion zone temperature of 760 [deg]C or higher.
(f) You must conduct a performance evaluation for each continuous
monitoring system according to the requirements in Sec.63.8(e).
(g) If you are required to conduct a visual inspection of an
affected source, you must conduct the inspection according to the
procedures in Sec.63.906(a)(1) for Tank Level 1 controls, Sec.
63.1063(d) for Tank Level 2 controls, Sec.63.926(a) for Container
Level 1 controls, Sec.63.946(a) for a surface impoundment equipped
with a floating membrane cover, Sec.63.946(b) for a surface
impoundment equipped with a cover and vented to a control device, Sec.
63.1047(a) for a separator with a fixed roof, Sec.63.1047(c) for a
separator equipped with a fixed roof and vented to a control device,
Sec.63.695(c)(1)(i) or (c)(2)(i) for a closed vent system, and Sec.
63.964(a) for individual drain systems.
(h) [Reserved]
(i) If you use Container Level 2 controls, you must conduct a test
to demonstrate that the container operates with no detectable organic
emissions or that the container is vapor-tight. You must conduct the
test using Method 21 (40 CFR part 60, appendix A) and the procedures in
Sec.63.925(a) to demonstrate that the container operates with no
detectable organic emissions or Method 27 (40 CFR part 60, appendix A)
and the procedures in Sec.63.925(b) to demonstrate that the container
is vapor-tight.
(j) If you locate an affected source inside a permanent total
enclosure that is vented to a control device, you must demonstrate that
the enclosure meets the verification criteria in section 5 of Procedure
T in 40 CFR 52.741, appendix B.
(k) If you use a fixed roof or a floating roof to control air
emissions from a separator, you must conduct a test to demonstrate that
the roof operates with no detectable organic emissions using Method 21
(40 CFR part 60, appendix A) and the procedures in Sec.63.1046(a). If
you use a floating roof, you also must measure the seal gaps according
to the procedures in Sec.63.1046(b).
(l) If you use a flare to control air emissions, you must conduct a
visible emissions test using Method 22 in 40 CFR part 60, appendix A,
and the procedures in Sec.63.11(b)(4).
(m) For each initial compliance demonstration that requires a
performance test or design evaluation, you must report the results in
your notification of

[[Page 314]]

compliance status according to the requirements in Sec.63.7950(e)(1).
For each initial compliance demonstration that does not require a
performance test or design evaluation, you must submit a notification of
compliance status according to the requirements in Sec.63.7950(e)(2).

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69019, Nov. 29, 2006]

Sec.63.7942 When must I conduct subsequent performance tests?

For non-flare control devices, you must conduct performance tests at
any time the EPA requires you to according to Sec.63.7(3).

Sec.63.7943 How do I determine the average VOHAP concentration of my
remediation material?

(a) General requirements. You must determine the average total VOHAP
concentration of a remediation material using either direct measurement
as specified in paragraph (b) of this section or by knowledge as
specified in paragraph (c) of this section. These methods may be used to
determine the average VOHAP concentration of any material listed in
(a)(1) through (3) of this section.
(1) A single remediation material stream; or
(2) Two or more remediation material streams that are combined prior
to, or within, a remediation material management unit or treatment
process; or
(3) Remediation material that is combined with one or more non-
remediation material streams prior to, or within, a remediation material
management unit or treatment process.
(b) Direct measurement. To determine the average total VOHAP
concentration of a remediation material using direct measurement, you
must use the procedures in paragraphs (b)(1) through (3) of this
section.
(1) Sampling. Samples of each material stream must be collected from
the container, pipeline, or other device used to deliver each material
stream prior to entering the remediation material management unit or
treatment process 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
total VOHAP concentration for the material stream on a mass-weighted
average basis must be designated and recorded. The averaging period can
represent any time interval that you determine is appropriate for the
material stream but must not exceed 1 year. For streams that are
combined, an averaging period representative for all streams must be
selected.
(ii) No less than four samples must be collected to represent the
complete range of HAP compositions and HAP quantities that occur in each
material stream during the entire averaging period due to normal
variations in the material stream(s). Examples of such normal variations
are variation of the HAP concentration within a contamination area.
(iii) All samples must be collected and handled according to written
procedures you prepare and document in a site sampling plan. This plan
must describe the procedure by which representative samples of the
material stream(s) 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 must be maintained on site in the facility operating records. An
example of an acceptable sampling plan includes a plan incorporating
sample collection and handling procedures according to the guidance
found 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
according to either one of the methods listed in Sec.63.694(b)(2)(ii),
or any current EPA Contracts Lab Program method (or future revisions)
capable of identifying all the HAP in Table 1 of this subpart.
(3) Calculations. The average total VOHAP concentration (C) on a
mass-weighted basis must be calculated by using the results for all
samples analyzed according to paragraph (b)(2) of

[[Page 315]]

this section and Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR29NO06.007

Where:

C = Average VOHAP concentration of the material on a mass-weighted
basis, ppmw.
i = Individual sample ``i'' of the material.
n = Total number of samples of the material collected (at least 4 per
stream) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of material stream represented by
Ci, kilograms per hour (kg/hr).
QT = Total mass quantity of all material during the averaging
period, kg/hr.
Ci = Measured VOHAP concentration of sample ``i'' as
determined according to the requirements of paragraph (b)(2)
of this section, ppmw.

(c) Knowledge of the material. To determine the average total VOHAP
concentration of a remediation material using knowledge, you must use
the procedures in paragraphs (c)(1) through (3) of this section.
(1) Documentation must be prepared that presents the information
used as the basis for your knowledge of the material stream's average
VOHAP concentration. Examples of information that may be used as the
basis for knowledge include: material balances for the source(s)
generating each material stream; species-specific chemical test data for
the material stream from previous testing that are still applicable to
the current material stream; test data for material from the
contamination area(s) being remediated.
(2) If test data are used as the basis for knowledge, then you must
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, you may
use HAP concentration test data for the material stream that are
validated according to Method 301 in 40 CFR part 63, appendix A as the
basis for knowledge of the material. This information must be provided
for each material stream where streams are combined.
(3) If you use species-specific chemical concentration test data as
the basis for knowledge of the material, you may adjust the test data to
the corresponding average VOHAP concentration value which would be
obtained had the material samples been analyzed using Method 305. To
adjust these data, the measured concentration for each individual HAP
chemical species contained in the material is multiplied by the
appropriate species-specific adjustment factor (fm305) listed
in Table 1 of this subpart.
(d) In the event that you and us disagree on a determination using
knowledge of the average total VOHAP concentration for a remediation
material, then the results from a determination of VOHAP concentration
using direct measurement by Method 305 in 40 CFR part 60 appendix A, as
specified in paragraph (b) of this section, will be used to determine
compliance with the applicable requirements of this subpart. We may
perform or request that you perform this determination using direct
measurement.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69019, Nov. 29, 2006]

Sec.63.7944 How do I determine the maximum HAP vapor pressure of
my remediation material?

(a) You must determine the maximum HAP vapor pressure of your
remediation material using either direct measurement as specified in
paragraph (b) of this section or by knowledge as specified in paragraph
(c) of this section.
(b) Direct measurement to determine the maximum HAP vapor pressure.
(1) Sampling. A sufficient number of samples must be collected to be
representative of the remediation material contained in the tank. All
samples must be collected and handled according to written procedures
prepared by you and documented in a site sampling plan. This plan must
describe the procedure by which representative samples of the
remediation material 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 must be maintained on site in the facility site operating records.
An example

[[Page 316]]

of an acceptable sampling plan includes a plan incorporating sample
collection and handling procedures according to the guidance found 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. Any one of the following methods may be used to
analyze the samples and compute the maximum HAP vapor pressure of the
remediation material:
(i) Method 25E in 40 CFR part 60 appendix A;
(ii) Methods described in American Petroleum Institute Bulletin
2517, ``Evaporation Loss from External Floating Roof Tanks,'';
(iii) Methods obtained from standard reference texts;
(iv) ASTM Method 2879-83; or
(v) Any other method approved by the Administrator.
(c) Use of knowledge to determine the maximum HAP vapor pressure.
Documentation must be prepared and recorded that presents the
information used as the basis for your knowledge that the maximum HAP
vapor pressure of the remediation material is less than the maximum
vapor pressure limit listed in Table 2 of this subpart for the
applicable tank design capacity category.
(d) In the event that you and us disagree on a determination using
knowledge of the maximum HAP vapor pressure of the remediation material,
then the results from a determination of maximum HAP vapor pressure
using direct measurement by Method 25E in 40 CFR part 60 appendix A, as
specified in paragraph (b) of this section, will be used to determine
compliance with the applicable requirements of this subpart. We may
perform or request that you perform this determination using direct
measurement.

Continuous Monitoring Systems

Sec.63.7945 What are my monitoring installation, operation,
and maintenance requirements?

(a) Each CPMS must meet the requirements in paragraphs (a)(1)
through (4) of this section.
(1) Complete a minimum of one cycle of operation for each successive
15-minute period.
(2) To calculate a valid hourly value, you must have at least three
of four equally spaced data values (or at least two, if that condition
is included to allow for periodic calibration checks) for that hour from
a CPMS that is not out of control according to the monitoring plan
referenced in Sec.63.7935.
(3) To calculate the average emissions for each averaging period,
you must have at least 75 percent of the hourly averages for that period
using only block hourly average values that are based on valid data
(i.e., not from out-of-control periods).
(4) Unless otherwise specified, each CPMS must determine the hourly
average of all recorded readings and daily average, if required.
(b) You must record the results of each inspection, calibration, and
validation check.
(c) You must conduct a performance evaluation for each CPMS
according to the requirements in Sec.63.8(e) and your site-specific
monitoring plan.

Sec.63.7946 How do I monitor and collect data to demonstrate
continuous compliance?

(a) You must monitor and collect data according to this section and
your site-specific monitoring plan required in Sec.63.7935.
(b) Except for monitor malfunctions, associated repairs, and
required quality assurance or control activities (including, as
applicable, calibration checks and required zero and span adjustments),
you must monitor continuously (or collect data at all required
intervals) at all times that the affected source is operating.
(c) You may not use data recorded during monitoring malfunctions,
associated repairs, out of control periods and required quality
assurance or control activities in data averages and calculations used
to report emissions or operating levels, nor may such data be used in
fulfilling a minimum data availability requirement, if applicable. You
must use all the data collected during all other periods in assessing
the operation of the control device and associated control system.

[[Page 317]]

Sec.63.7947 What are my monitoring alternatives?

(a) As an alternative to the parametric monitoring required in this
subpart, you may install, calibrate, and operate a continuous emission
monitoring system (CEMS) to measure the control device outlet total
organic emissions or organic HAP emissions concentration.
(1) The CEMS used on combustion control devices must include a
diluent gas monitoring system (for O2 or CO2) with
the pollutant monitoring system in order to correct for dilution (e.g.,
to 0 percent excess air).
(2) Each CEMS must complete a minimum of one cycle of operation
(sampling, analyzing, and data recording) for each successive 15-minute
period. Data must be reduced as specified in Sec.63.8(g)(2).
(3) You must conduct a performance evaluation of the CEMS according
to the requirements in Sec.63.8 and Performance Specification 8 (for a
total organic emissions CEMS) or Performance Specification 9 (for a HAP
emissions CEMS) and Performance Specification 3 (for an O2 or
CO2 CEMS) of 40 CFR part 60, appendix B. The relative
accuracy provision of Performance Specification 8, sections 2.4 and 3
need not be conducted.
(4) You must prepare a site-specific monitoring plan for operating,
calibrating, and verifying the operation of your CEMS according to the
requirements in Sec. Sec.63.8(c), (d), and (e).
(5) You must establish the emissions concentration operating limit
according to paragraphs (a)(5)(i) and (ii) of this section.
(i) During the performance test, you must monitor and record the
total organic or HAP emissions concentration at least once every 15
minutes during each of the three test runs.
(ii) Use the data collected during the performance test to calculate
and record the average total organic or HAP emissions concentration
maintained during the performance test. The average total organic or HAP
emissions concentration, corrected for dilution as appropriate, is the
maximum operating limit for your control device.
(b) You must maintain the daily (24-hour) average total organic or
HAP emissions concentration in the exhaust vent stream of the control
device outlet less than or equal to the site-specific operating limit
established during the performance test.

Notification, Reports, and Records

Sec.63.7950 What notifications must I submit and when?

(a) You must submit all of the notifications in Sec. Sec.63.7(b)
and (c), 63.8(e), 63.8(f)(4) and (6), and 63.9(b) through (h) that apply
to you.
(b) As specified in Sec.63.9(b)(2), if you start up your affected
source before October 8, 2003, you must submit an Initial Notification
not later than 120 calendar days after October 8, 2003.
(c) As specified in Sec.63.9(b)(3), if you start up your new or
reconstructed affected source on or after the effective date, you must
submit an Initial Notification no later than 120 calendar days after
initial startup.
(d) If you are required to conduct a performance test, you must
submit a notification of intent to conduct a performance test at least
60 calendar days before the performance test is scheduled to begin as
required in Sec.63.7(b)(1).
(e) If you are required to conduct a performance test, design
evaluation, or other initial compliance demonstration, you must submit a
Notification of Compliance Status according to Sec.63.9(h)(2)(ii).
(1) For each initial compliance demonstration that includes a
performance test or design evaluation, you must submit the Notification
of Compliance Status, including the performance test results, before the
close of business on the 60th calendar day following the completion of
the performance test according to Sec.63.10(d)(2). You must submit the
complete design evaluation and supporting documentation.
(2) For each initial compliance demonstration that does not include
a performance test, you must submit the Notification of Compliance
Status before the close of business on the 30th calendar day following
the completion of the initial compliance demonstration.

[[Page 318]]

(f) You must provide written notification to the Administrator of
the alternative standard selected under Sec.63.1006(b)(5) or (6)
before implementing either of the provisions.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69019, Nov. 29, 2006]

Sec.63.7951 What reports must I submit and when?

(a) Compliance report due dates. Unless the Administrator has
approved a different schedule, you must submit a semiannual compliance
report to your permitting authority according to the requirements
specified in paragraphs (a)(1) through (5) of this section.
(1) The first compliance report must cover the period beginning on
the compliance date that is specified for your affected source in Sec.
63.7883 and ending on June 30 or December 31, whichever date comes first
after the compliance date that is specified for your affected source.
(2) The first compliance report must be postmarked or delivered no
later than July 31 or January 31, whichever date comes first after your
first compliance report is due.
(3) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
(4) Each subsequent compliance report must be postmarked or
delivered no later than July 31 or January 31, whichever date comes
first after the end of the semiannual reporting period.
(5) For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the
permitting authority has established dates for submitting semiannual
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance
reports according to the dates the permitting authority has established
instead of the dates specified in paragraphs (a)(1) through (4) of this
section.
(b) Compliance report contents. Each compliance report must include
the information specified in paragraphs (b)(1) through (3) of this
section and, as applicable, paragraphs (b)(4) through (9) of this
section.
(1) Company name and address.
(2) Statement by a responsible official, with that official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
(3) Date of report and beginning and ending dates of the reporting
period.
(4) If you had a startup, shutdown, or malfunction during the
reporting period and you took action consistent with your startup,
shutdown, and malfunction plan, the compliance report must include the
information in Sec.63.10(d)(5)(i).
(5) If there were no deviations from any emissions limitations
(including operating limit), work practice standards, or operation and
maintenance requirements, a statement that there were no deviations from
the emissions limitations, work practice standards, or operation and
maintenance requirements during the reporting period.
(6) If there were no periods during which a continuous monitoring
system (including a CPMS or CEMS) was out-of-control as specified by
Sec.63.8(c)(7), a statement that there were no periods during which
the CPMS was out-of-control during the reporting period.
(7) For each deviation from an emissions limitation (including an
operating limit) that occurs at an affected source for which you are not
using a continuous monitoring system (including a CPMS or CEMS) to
comply with an emissions limitation or work practice standard required
in this subpart, the compliance report must contain the information
specified in paragraphs (b)(1) through (4) and (b)(7)(i) and (ii) of
this section. This requirement includes periods of startup, shutdown,
and malfunction.
(i) The total operating time of each affected source during the
reporting period.
(ii) Information on the number, duration, and cause of deviations
(including unknown cause) as applicable and the corrective action taken.
(8) For each deviation from an emissions limitation (including an
operating limit) or work practice standard occurring at an affected
source where you are using a continuous monitoring

[[Page 319]]

system (including a CPMS or CEMS) to comply with the emissions
limitations or work practice standard in this subpart, you must include
the information specified in paragraphs (b)(1) through (4) and (b)(8)(i)
through (xi) of this section. This requirement includes periods of
startup, shutdown, and malfunction.
(i) The date and time that each malfunction started and stopped.
(ii) The date and time that each continuous monitoring system was
inoperative, except for zero (low-level) and high-level checks.
(iii) The date, time, and duration that each continuous monitoring
system was out-of-control, including the information in Sec.
63.8(c)(8).
(iv) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of startup, shutdown, or
malfunction or during another period.
(v) A summary of the total duration of the deviations during the
reporting period and the total duration as a percent of the total source
operating time during that reporting period.
(vi) A breakdown of the total duration of the deviations during the
reporting period into those that are due to startup, shutdown, control
equipment problems, process problems, other known causes, and unknown
causes.
(vii) A summary of the total duration of continuous monitoring
system downtime during the reporting period and the total duration of
continuous monitoring system downtime as a percent of the total source
operating time during the reporting period.
(viii) A brief description of the process units.
(ix) A brief description of the continuous monitoring system.
(x) The date of the latest continuous monitoring system
certification or audit.
(xi) A description of any changes in continuous monitoring systems,
processes, or controls since the last reporting period.
(9) You must include the information on equipment leaks required in
periodic reports by Sec.63.1018(a) or Sec.63.1039(b).
(c) Immediate startup, shutdown, and malfunction report. If you had
a startup, shutdown, or malfunction during the semiannual reporting
period that was not consistent with your startup, shutdown, and
malfunction plan, you must submit an immediate startup, shutdown, and
malfunction report according to the requirements of Sec.
63.10(d)(5)(ii) .
(d) Part 70 monitoring report. If you have obtained a title V
operating permit for an affected source pursuant to 40 CFR part 70 or 40
CFR part 71, you must report all deviations as defined in this subpart
in the semiannual monitoring report required by 40 CFR
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a
compliance report for an affected source along with, or as part of, the
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40
CFR 71.6(a)(3)(iii)(A), and the compliance report includes all the
required information concerning deviations from any emissions limitation
or operation and maintenance requirement in this subpart, submission of
the compliance report satisfies any obligation to report the same
deviations in the semiannual monitoring report. However, submission of a
compliance report does not otherwise affect any obligation you may have
to report deviations from permit requirements for an affected source to
your permitting authority.

Sec.63.7952 What records must I keep?

(a) You must keep the records specified in paragraphs (a)(1) through
(4) of this section.
(1) A copy of each notification and report that you submitted to
comply with this subpart, including all documentation supporting any
Initial Notification or Notification of Compliance Status that you
submitted, according to the requirements in Sec.63.10(b)(1) and
(b)(2)(xiv).
(2) The records in Sec.63.6(e)(3)(iii) through (v) related to
startups, shutdowns, and malfunctions.
(3) Results of performance tests and performance evaluations as
required by Sec.63.10(b)(2)(viii).
(4) The records of initial and ongoing determinations for affected
sources that are exempt from control requirements under this subpart.

[[Page 320]]

(b) For each continuous monitoring system, you must keep the records
as described in paragraphs (b)(1) and (2) of this section.
(1) Records described in Sec.63.10(b)(2)(vi) through (xi) that
apply to your continuous monitoring system.
(2) Performance evaluation plans, including previous (i.e.,
superseded) versions of the plan as required in Sec.63.8(d)(3).
(c) You must keep the records required by this subpart to show
continuous compliance with each emissions limitation, work practice
standard, and operation and maintenance requirement that applies to you.
(d) You must record, on a semiannual basis, the information in Sec.
63.696(g) for planned routine maintenance of a control device for
emissions from process vents.

Sec.63.7953 In what form and how long must I keep my records?

(a) Your records must be in a form suitable and readily available
for expeditious review, according to Sec.63.10(b)(1).
(b) As specified in Sec.63.10(b)(1), you must keep your files of
all information (including all reports and notifications) for 5 years
following the date of each occurrence, measurement, maintenance, action
taken to correct the cause of a deviation, report, or record.
(c) You must keep each record on site for at least 2 years after the
date of each occurrence, measurement, maintenance, corrective action,
report, or record, according to Sec.63.10(b)(1). You can keep the
records off-site for the remaining 3 years.
(d) If, after the remediation activity is completed, there is no
other remediation activity at the facility, and you are no longer the
owner of the facility, you may keep all records for the completed
remediation activity at an off-site location provided you notify the
Administrator in writing of the name, address and contact person for the
off-site location.

Other Requirements and Information

Sec.63.7955 What parts of the General Provisions apply to me?

Table 3 of this subpart shows which parts of the General Provisions
in Sec. Sec.63.1 through 63.15 apply to you.

Sec.63.7956 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by us, the EPA, or
a delegated authority such as your State, local, or tribal agency. If
the EPA Administrator has delegated authority to your State, local, or
tribal agency, then that agency, in addition to the EPA, has the
authority to implement and enforce this subpart. You should contact your
EPA Regional Office (see list in Sec.63.13) to find out if this
subpart is delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under section 40 CFR part
63, subpart E, the authorities contained in paragraph (c) of this
section are retained by the Administrator of EPA and are not transferred
to the State, local, or tribal agency.
(c) The authorities that cannot be delegated to State, local, or
tribal agencies are listed in paragraphs (c)(1) through (4) of this
section.
(1) Approval of alternatives to the non-opacity emissions
limitations and work practice standards in this subpart under Sec.
63.6(g).
(2) Approval of major changes to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec.63.90.
(3) Approval of major changes to monitoring under Sec.63.8(f) and
as defined in Sec.63.90.
(4) Approval of major changes to recordkeeping and reporting under
Sec.63.10(f) and as defined in Sec.63.90.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69019, Nov. 29, 2006]

Sec.63.7957 What definitions apply to this subpart?

Terms used in this subpart are defined in the CAA, in Sec.63.2,
and in this section. If a term is defined both in this section and in
another subpart cross-referenced by this subpart, then

[[Page 321]]

the term will have the meaning given in this section for purposes of
this subpart.
Boiler means an enclosed combustion device that extracts useful
energy in the form of steam and is not an incinerator or a process
heater.
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 device that conveys gas
or vapor from an emissions 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, dump trucks, and rail cars. For the purpose of this
subpart, a front-end loader, excavator, backhoe, or other type of self-
propelled excavation equipment is not a container.
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.
Control device means equipment used 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 that prevents or reduces air pollutant
emissions to the atmosphere by forming a continuous barrier over the
remediation material managed in a unit. A cover may have openings (such
as access hatches, sampling ports, gauge wells) that are necessary for
operation, inspection, maintenance, and repair of the unit on which the
cover is used. A cover may be a separate piece of equipment which can be
detached and removed from the unit (such as a tarp) or a cover may be
formed by structural features permanently integrated into the design of
the unit.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emissions limitation
(including any operating limit), or work practice standard;
(2) Fails to meet any term or condition that is adopted to implement
an applicable requirement in this subpart and that is included in the
operating permit for any affected source required to obtain such a
permit; or
(3) Fails to meet any emissions limitation, (including any operating
limit), or work practice standard in this subpart during startup,
shutdown, or malfunction, regardless of whether or not such failure is
permitted by this subpart.
Emissions limitation means any emissions limit, opacity limit,
operating limit, or visible emissions limit.
Emissions point means an individual tank, surface impoundment,
container, oil-water, organic-water separator, transfer system, 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.
Equipment means each pump, pressure relief device, sampling
connection system, valve, and connector used in remediation material
service at a facility.
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.
Facility means all contiguous or adjoining property that is under
common control including properties that are

[[Page 322]]

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 located at the facility but
is owned by a different company) is a different facility.
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 according to relevant standards and good engineering
practices.
Individual drain system means a stationary system used to convey
wastewater streams or residuals to a remediation material 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., 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).
Maximum HAP vapor pressure means the sum of the individual HAP
equilibrium partial pressure exerted by remediation material at the
temperature equal to either: the monthly average temperature as reported
by the National Weather Service when the remediation material is stored
or treated at ambient temperature; or the highest calendar-month average
temperature of the remediation material when the remediation material is
stored at temperatures above the ambient temperature or when the
remediation 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.63.7944.
No detectable organic emissions means no escape of organics to the
atmosphere as determined using the procedure specified in Sec.
63.694(k).
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 emissions limitation or standard.
Organic-water separator means a separator as defined for this
subpart that is used to separate organics from water.
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 any open-ended pipe, stack, duct, or other
opening intended to allow the passage of gases, vapors, or fumes to the
atmosphere and this passage is caused by mechanical means (such as
compressors, vacuum-producing systems or fans) or by process-related
means (such as volatilization produced by heating). For the purposes of
this subpart, a process vent is neither a safety device (as defined in
this section) nor a stack, duct or other opening used to exhaust
combustion products from a boiler, furnace, heater,

[[Page 323]]

incinerator, or other combustion device.
Radioactive mixed waste means a material that contains both
hazardous waste subject to RCRA and source, special nuclear, or by-
product material subject to the Atomic Energy Act of 1954.
Remediation material means a material that contains one or more of
the HAP listed in Table 1 of this subpart, and this material is one of
the following:
(1) A material found in naturally occurring media such as soil,
groundwater, surface water, sediments, or a mixture of such materials
with liquids, sludges, or solids which is inseparable by simple
mechanical removal processes and is made up primarily of media. This
material does not include debris as defined in 40 CFR 268.2.
(2) A material found in intact or substantially intact containers,
tanks, storage piles, or other storage units that requires clean up
because this material poses a reasonable potential threat to
contaminating media. Examples of these materials include, but are not
limited to, solvents, oils, paints, and other volatile or semi-volatile
organic liquids found in buried drums, cans, or other containers;
gasoline, fuel oil, or other fuels in leaking underground storage tanks;
and solid materials containing volatile or semi-volatile organics in
unused or abandoned piles. Remediation material is not a waste or
residue generated by routine equipment maintenance activities performed
at a facility such as, but not limited to, tank bottoms and sludges
removed during tank cleanouts; sludges and sediments removed from active
wastewater treatment tanks, surface impoundments, or lagoons; spent
catalyst removed from process equipment; residues removed from air
pollution control equipment; and debris removed during heat exchanger
and pipeline cleanouts.
Remediation material management unit means a tank, container,
surface impoundment, oil-water separator, organic-water separator, or
transfer system used to remove, destroy, degrade, transform, immobilize,
or otherwise manage remediation material.
Remediation 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 remediation material.
Responsible official means responsible official as defined in 40 CFR
70.2.
Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions to prevent physical damage or permanent deformation to
equipment by venting gases or vapors during unsafe conditions resulting
from an unplanned, accidental, or emergency event. For the purpose of
this Subpart, a safety device is not used for routine venting of gases
or vapors from the vapor headspace underneath a cover such as during
filling of the unit or to adjust the pressure in this vapor headspace in
response to normal daily diurnal ambient temperature fluctuations. A
safety device is designed to remain in a closed position during normal
operations and open only when the internal pressure, or another relevant
parameter, exceeds the device threshold setting applicable to the
equipment as determined by the owner or operator based on manufacturer
recommendations, applicable regulations, fire protection and prevention
codes, standard engineering codes and practices, or other requirements
for the safe handling of flammable, combustible, explosive, reactive, or
hazardous materials.
Separator means a remediation material 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.

[[Page 324]]

Site remediation means one or more activities or processes used to
remove, destroy, degrade, transform, immobilize, or otherwise manage
remediation material. The monitoring or measuring of contamination
levels in environmental media using wells or by sampling is not
considered to be a site remediation.
Sludge means sludge as defined in Sec.260.10 of this chapter.
Soil means unconsolidated earth material composing the superficial
geologic strata (material overlying bedrock), consisting of clay, silt,
sand, or gravel size particles (sizes as classified by the U.S. Soil
Conservation Service), or a mixture of such materials with liquids,
sludges, or solids which is inseparable by simple mechanical removal
processes and is made up primarily of soil.
Stabilization process means any physical or chemical process used to
either reduce the mobility of contaminants in media or eliminate free
liquids as determined by Test 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, you may use any more
recent, updated version of Method 9095 approved by the EPA). A
stabilization process includes mixing remediation material with binders
or other materials, and curing the resulting remediation material and
binder mixture. Other synonymous terms used to refer to this process are
fixation or solidification. A stabilization process does not include the
adding of absorbent materials to the surface of remediation material,
without mixing, agitation, or subsequent curing, to absorb free liquid.
Surface impoundment means a unit that is a natural topographical
depression, man-made excavation, or diked 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.
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.
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).
Treatment process means a process in which remediation material is
physically, chemically, thermally, or biologically treated to destroy,
degrade, or remove hazardous air pollutants contained in the 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 remediation material
streams at the same time.
Volatile organic hazardous air pollutant (VOHAP) concentration means
the fraction by weight of the HAP listed in Table 1 of this subpart that
are contained in the remediation material as measured using Method 305,
40 CFR part 63, appendix A and expressed in terms of parts per million
(ppm). As an alternative to using Method 305, 40 CFR part 63, appendix
A, you may determine the HAP concentration of the remediation material
using any one of the other test methods specified in Sec.
63.694(b)(2)(ii). When a test method specified in Sec.63.694(b)(2)(ii)
other than Method 305 in 40 CFR part 63, appendix

[[Page 325]]

A is used to determine the speciated HAP concentration of the
contaminated material, the individual compound concentration may be
adjusted by the corresponding fm305 listed in Table 1 of this
subpart to determine a VOHAP concentration.
Work practice standard means any design, equipment, work practice,
or operational standard, or combination thereof, that is promulgated
pursuant to section 112(h) of the CAA.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69019, Nov. 29, 2006]

Sec. Table 1 to Subpart GGGGG of Part 63--List of Hazardous Air
Pollutants

------------------------------------------------------------------------
CAS No.\a\ Compound name Fm 305
------------------------------------------------------------------------
75070........................... Acetaldehyde............ 1.000
75058........................... Acetonitrile............ 0.989
98862........................... Acetophenone............ 0.314
98862........................... Acetophenone............ 0.314
107028.......................... Acrolein................ 1.000
107131.......................... Acrylonitrile........... 0.999
107051.......................... Allyl chloride.......... 1.000
71432........................... Benzene (includes 1.000
benzene in gasoline).
98077........................... Benzotrichloride 0.958
(isomers and mixture).
100447.......................... Benzyl chloride......... 1.000
92524........................... Biphenyl................ 0.864
542881.......................... Bis(chloromethyl)ether 0.999
\b\.
75252........................... Bromoform............... 0.998
106990.......................... 1,3-Butadiene........... 1.000
75150........................... Carbon disulfide........ 1.000
56235........................... Carbon Tetrachloride.... 1.000
43581........................... Carbonyl sulfide........ 1.000
133904.......................... Chloramben.............. 0.633
108907.......................... Chlorobenzene........... 1.000
67663........................... Chloroform.............. 1.000
107302.......................... Chloromethyl methyl 1.000
ether \b\.
126998.......................... Chloroprene............. 1.000
98828........................... Cumene.................. 1.000
94757........................... 2,4-D, salts and esters. 0.167
334883.......................... Diazomethane \c\........ 0.999
132649.......................... Dibenzofurans........... 0.967
96128........................... B1,2-Dibromo-3- 1.000
chloropropane.
106467.......................... 1,4-Dichlorobenzene(p).. 1.000
107062.......................... Dichloroethane (Ethylene 1.000
dichloride).
111444.......................... Dichloroethyl ether 0.757
(Bis(2-
chloroethylether).
542756.......................... 1,3-Dichloropropene..... 1.000
64675........................... Diethyl sulfate......... 0.0025
79447........................... Dimethyl carbamoyl 0.150
chloride \c\.
77781........................... Dimethyl sulfate........ 0.086
121697.......................... N,N-Dimethylaniline..... 0.0008
51285........................... 2,4-Dinitrophenol....... 0.0077
121142.......................... 2,4-Dinitrotoluene...... 0.0848
123911.......................... 1,4-Dioxane (1,4- 0.869
Diethyleneoxide).
106898.......................... Epichlorohydrin (1- 0.939
Chloro-2,3-
epoxypropane).
106887.......................... 1,2-Epoxybutane......... 1.000
140885.......................... Ethyl acrylate.......... 1.000
100414.......................... Ethyl benzene........... 1.000
75003........................... Ethyl chloride 1.000
(Chloroethane).
106934.......................... Ethylene dibromide 0.999
(Dibromoethane).
107062.......................... Ethylene dichloride (1,2- 1.000
Dichloroethane).
151564.......................... Ethylene imine 0.867
(Aziridine).
75218........................... Ethylene oxide.......... 1.000
75343........................... Ethylidene dichloride 1.000
(1,1-Dichloroethane). [\e\]
Glycol ethers \d\ that
have a Henry's Law
Constant value equal to
or greater than 0.01 Y/
X(1.8 x 10-6 atm/gm-
mole/m\3\) at 25 [deg]C.
118741.......................... Hexachlorobenzene....... 0.97
87683........................... Hexachlorobutadiene..... 0.88
67721........................... Hexachloroethane........ 0.499
110543.......................... Hexane.................. 1.000
78591........................... Isophorone.............. 0.506
58899........................... Lindane (all isomers)... 1.000
67561........................... Methanol................ 0.855
74839........................... Methyl bromide 1.000
(Bromomethane).
74873........................... Methyl chloride 1.000
(Choromethane).

[[Page 326]]

71556........................... Methyl chloroform (1,1,1- 1.000
Trichloroethane).
74884........................... Methyl iodide 1.000
(Iodomethane).
108101.......................... Methyl isobutyl ketone 0.979
(Hexone).
624839.......................... Methyl isocyanate....... 1.000
80626........................... Methyl methacrylate..... 0.999
1634044......................... Methyl tert butyl ether. 1.000
75092........................... Methylene chloride 1.000
(Dichloromethane).
91203........................... Naphthalene............. 0.994
98953........................... Nitrobenzene............ 0.394
79469........................... 2-Nitropropane.......... 0.989
82688........................... Pentachloronitrobenzene 0.839
(Quintobenzene).
87865........................... Pentachlorophenol....... 0.0898
75445........................... Phosgene \c\............ 1.000
123386.......................... Propionaldehyde......... 0.999
78875........................... Propylene dichloride 1.000
(1,2-Dichloropropane).
75569........................... Propylene oxide......... 1.000
75558........................... 1,2-Propylenimine (2- 0.945
Methyl aziridine).
100425.......................... Styrene................. 1.000
96093........................... Styrene oxide........... 0.830
79345........................... 1,1,2,2- 0.999
Tetrachloroethane.
127184.......................... Tetrachloroethylene 1.000
(Perchloroethylene).
108883.......................... Toluene................. 1.000
95534........................... o-Toluidine............. 0.152
120821.......................... 1,2,4-Trichlorobenzene.. 1.000
71556........................... 1,1,1-Trichloroethane 1.000
(Methyl chlorform).
79005........................... 1,1,2-Trichloroethane 1.000
(Vinyltrichloride).
79016........................... Trichloroethylene....... 1.000
95954........................... 2,4,5-Trichlorophenol... 0.0108
88062........................... 2,4,6-Trichlorophenol... 0.0132
121448.......................... Triethylamine........... 1.000
540841.......................... 2,2,4-Trimethylpentane.. 1.000
108054.......................... Vinyl acetate........... 1.000
593602.......................... Vinyl bromide........... 1.000
75014........................... Vinyl chloride.......... 1.000
75354........................... Vinylidene chloride (1,1- 1.000
Dichloroethylene).
1330207......................... Xylenes (isomers and 1.000
mixture).
95476........................... o-Xylenes............... 1.000
108383.......................... m-Xylenes............... 1.000
106423.......................... p-Xylenes............... 1.000
------------------------------------------------------------------------
Notes:
Fm 305 Fraction measure factor in Method 305, 40 CFR 305 part 63,
appendix A.
\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.
\d\ Denotes a HAP that hydrolyzes slowly in water.
\e\ The Fm 305 factors for some of the more common glycol 305 ethers can
be obtained by contacting the Waste and Chemical Processes Group,
Office of Air Quality Planning and Standards, Research Triangle Park,
NC 27711.

[71 FR 69020, Nov. 29, 2006]

Sec. Table 2 to Subpart GGGGG of Part 63--Control Levels as Required by
Sec.63.7895(a) for Tanks Managing Remediation Material With a Maximum
HAP Vapor Pressure Less Than 76.6 kPa

------------------------------------------------------------------------
And the maximum HAP
vapor pressure of
If your tank design capacity the remediation Then your tank must
is . . . material placed in use . . .
your tank is . . .
------------------------------------------------------------------------
1. Less than 38 m\3\........ Less than 76.6 kPa.. Tank Level 1
controls under Sec.
63.7895(b).
2. At least 38 m\3\ but less Less than 13.1 kPa.. Tank Level 1
than 151 m\3\. controls under Sec.
63.7895(b).
3. 151 m\3\ or greater...... Less than 0.7 kPa... Tank Level 1
controls under Sec.
63.7895(b).
4. at least 38 m\3\ but less 13.1 kPa or greater. Tank Level 2
than 151 m\3\. controls under Sec.
63.7895(c).
5. 151 m\3\ or greater...... 0.7 kPa or greater.. Tank Level 2
controls under Sec.
63.7895(c)
------------------------------------------------------------------------

[[Page 327]]

Sec. Table 3 to Subpart GGGGG of Part 63--Applicability of General
Provisions to Subpart GGGGG

As stated in Sec.63.7940, you must comply with the applicable
General Provisions requirements according to the following table:

----------------------------------------------------------------------------------------------------------------
Applies to subpart
Citation Subject Brief description GGGGG
----------------------------------------------------------------------------------------------------------------
Sec. 63.1......................... Applicability........... Initial Applicability Yes.
Determination;
Applicability After
Standard Established;
Permit Requirements;
Extensions,
Notifications.
Sec. 63.2......................... Definitions............. Definitions for part 63 Yes.
standards.
Sec. 63.3......................... Units and Abbreviations. Units and abbreviations Yes.
for part 63 standards.
Sec. 63.4......................... Prohibited Activities... Prohibited Activities; Yes.
Compliance date;
Circumvention,
Severability.
Sec. 63.5......................... Construction/ Applicability; Yes.
Reconstruction. applications; approvals.
Sec. 63.6(a)...................... Applicability........... General Provisions (GP) Yes.
apply unless compliance
extension GP apply to
area sources that
become major.
Sec. 63.6(b)(1)-(4)............... Compliance Dates for New Standards apply at Yes.
and Reconstructed effective date; 3 years
sources. after effective date;
upon startup; 10 years
after construction or
reconstruction
commences for 112(f).
Sec. 63.6(b)(5)................... Notification............ Must notify if commenced Yes.
construction or
reconstruction after
proposal.
Sec. 63.6(b)(6)................... [Reserved].............. ........................ ......................
Sec. 63.6(b)(7)................... Compliance Dates for New Area sources that become Yes.
and Reconstructed Area major must comply with
Sources That Become major source standards
Major. immediately upon
becoming major,
regardless of whether
required to comply when
they were an area
source.
Sec. 63.6(c)(1)-(2)............... Compliance Dates for Comply according to date Yes.
Existing Sources. in subpart, which must
be no later than 3
years after effective
date. For 112(f)
standards, comply
within 90 days of
effective date unless
compliance extension.
Sec. 63.6(c)(3)-(4)............... [Reserved].............. ........................ ......................
Sec. 63.6(c)(5)................... Compliance Dates for Area sources that become Yes.
Existing Area Sources major must comply with
That Become Major. major source standards
by date indicated in
subpart or by
equivalent time period
(for example, 3 years).
Sec. 63.6(d)...................... [Reserved].............. ........................ ......................
Sec. 63.6(e)(1)-(2)............... Operation & Maintenance. Operate to minimize Yes.
emissions at all times.
Correct malfunctions as
soon as practicable.
Operation and
maintenance
requirements
independently
enforceable;
information
Administrator will use
to determine if
operation and
maintenance
requirements were met.
Sec. 63.6(e)(3)................... Startup, Shutdown, and Requirement for startup, Yes with the exception
Malfunction Plan (SSMP). shutdown and of containers using
malfunction (SSM) and either Level 1 or
SSMP. Content of SSMP. Level 2 controls.
Sec. 63.6(f)(1)................... Compliance Except During You must comply with Yes.
SSM. emissions standards at
all times except during
SSM.
Sec. 63.6(f)(2)-(3)............... Methods for Determining Compliance based on Yes.
Compliance. performance test,
operation and
maintenance plans,
records, inspection.
Sec. 63.6(g)(1)-(3)............... Alternative Standard.... Procedures for getting Yes.
an alternative standard.
Sec. 63.6(h)...................... Opacity/Visible Requirements for opacity No. No opacity
Emissions (VE) and visible emissions standards.
Standards. limits.
Sec. 63.6(i)(1)-(14).............. Compliance Extension.... Procedures and criteria Yes.
for Administrator to
grant compliance
extension.
Sec. 63.6(j)...................... Presidential Compliance President may exempt Yes.
Exemption. source category from
requirement to comply
with final rule.

[[Page 328]]

Sec. 63.7(a)(1)-(2)............... Performance Test Dates.. Dates for Conducting Yes.
Initial Performance
Testing and Other
Compliance
Demonstrations. Must
conduct 180 days after
first subject to final
rule.
Sec. 63.7(a)(3)................... CAA Section 114 Administrator may Yes.
Authority. require a performance
test under CAA section
114 at any time.
Sec. 63.7(b)(1)................... Notification of Must notify Yes.
Performance Test. Administrator 60 days
before the test.
Sec. 63.7(b)(2)................... Notification of If rescheduling a Yes.
Rescheduling. performance test is
necessary, must notify
Administrator 5 days
before scheduled date
of rescheduled date.
Sec. 63.7(c)...................... Quality Assurance/Test Requirement to submit Yes.
Plan. site-specific test plan
60 days before the test
or on date
Administrator agrees
with: Test plan
approval procedures;
performance audit
requirements; internal
and external QA
procedures for testing.
Sec. 63.7(d)...................... Testing Facilities...... Requirements for testing Yes.
facilities.
Sec. 63.7(e)(1)................... Conditions for Performance tests must Yes.
Conducting Performance be conducted under
Tests. representative
conditions. Cannot
conduct performance
tests during SSM. Not a
violation to exceed
standard during SSM.
Sec. 63.7(e)(2)................... Conditions for Must conduct according Yes.
Conducting Performance to rule and EPA test
Tests. methods unless
Administrator approves
alternative.
Sec. 63.7(e)(3)................... Test Run Duration....... Must have three test Yes.
runs of at least one
hour each. Compliance
is based on arithmetic
mean of three runs.
Conditions when data
from an additional test
run can be used.
Sec. 63.7(f)...................... Alternative Test Method. Procedures by which Yes.
Administrator can grant
approval to use an
alternative test method.
Sec. 63.7(g)...................... Performance Test Data Must include raw data in Yes.
Analysis. performance test
report. Must submit
performance test data
60 days after end of
test with the
Notification of
Compliance Status. Keep
data for 5 years.
Sec. 63.7(h)...................... Waiver of Tests......... Procedures for Yes.
Administrator to waive
performance test.
Sec. 63.8(a)(1)................... Applicability of Subject to all Yes.
Monitoring Requirements. monitoring requirements
in standard.
Sec. 63.8(a)(2)................... Performance Performance Yes.
Specifications. Specifications in
appendix B of part 60
apply.
Sec. 63.8(a)(3)................... [Reserved]..............
Sec. 63.8(a)(4)................... Monitoring with Flares.. Unless your rule says Yes.
otherwise, the
requirements for flares
in 63.11 apply.
Sec. 63.8(b)(1)................... Monitoring.............. Must conduct monitoring Yes.
according to standard
unless Administrator
approves alternative.
Sec. 63.8(b)(2)-(3)............... Multiple Effluents and Specific requirements Yes.
Multiple Monitoring for installing
Systems. monitoring systems.
Must install on each
effluent before it is
combined and before it
is released to the
atmosphere unless
Administrator approves
otherwise. If more than
one monitoring system
on an emissions point,
must report all
monitoring system
results, unless one
monitoring system is a
backup.
Sec. 63.8(c)(1)................... Monitoring System Maintain monitoring Yes.
Operation and system in a manner
Maintenance. consistent with good
air pollution control
practices.
Sec. 63.8(c)(1)(i)................ Routine and Predictable Keep parts for routine Yes.
SSM. repairs available;
reporting requirements
for SSM when action is
described in SSM plan.
Sec. 63.8(c)(1)(ii)............... SSM not in SSMP......... Reporting requirements Yes.
for SSM when action is
not described in SSM
plan.

[[Page 329]]

Sec. 63.8(c)(1)(iii).............. Compliance with How Administrator Yes.
Operation and determines if source
Maintenance (O&M) complying with
Requirements. operation and
maintenance
requirements. Review of
source O&M procedures,
records, Manufacturer's
instructions,
recommendations, and
inspection of
monitoring system.
Sec. 63.8(c)(2)-(3)............... Monitoring System Must install to get Yes.
Installation. representative
emissions and parameter
measurements. Must
verify operational
status before or at
performance test.
Sec. 63.8(c)(4)................... Continuous Monitoring CMS must be operating No.
System (CMS) except during
Requirements. breakdown, out-of-
control, repair,
maintenance, and high-
level calibration
drifts.
Sec. 63.8(c)(4)(i)-(ii)........... Continuous Monitoring COMS must have a minimum Yes. However, COMS are
System (CMS) of one cycle of not applicable.
Requirements. sampling and analysis Requirements for CPMS
for each successive 10- are listed in Sec.
second period and one Sec. 63.7900 and
cycle of data recording 63.7913.
for each successive 6-
minute period. CEMS
must have a minimum of
one cycle of operation
for each successive 15-
minute period.
Sec. 63.8(c)(5)................... COMS Minimum Procedures. COMS minimum procedures. No.
Sec. 63.8(c)(6)................... CMS Requirements........ Zero and High level Yes.
calibration check However requirements
requirements. for CPMS are
addressed in Sec.
63.7927.
Sec. 63.8(c)(7)-(8)............... CMS Requirements........ Out-of-control periods, Yes.
including reporting.
Sec. 63.8(d)...................... CMS Quality Control..... Requirements for CMS Yes.
quality control,
including calibration,
etc. Must keep quality
control plan on record
for 5 years. Keep old
versions for 5 years
after revisions.
Sec. 63.8(e)...................... CMS Performance Notification, Yes.
Evaluation. performance evaluation
test plan, reports.
Sec. 63.8(f)(1)-(5)............... Alternative Monitoring Procedures for Yes.
Method. Administrator to
approve alternative
monitoring.
Sec. 63.8(f)(6)................... Alternative to Relative Procedures for No.
Accuracy Test. Administrator to
approve alternative
relative accuracy tests
for CEMS.
Sec. 63.8(g)(1)-(4)............... Data Reduction.......... COMS 6-minute averages Yes. However, COMS are
calculated over at not applicable.
least 36 evenly spaced Requirements for CPMS
data points. CEMS 1- are addressed in Sec.
hour averages computed Sec. 63.7900 and
over at least four 63.7913.
equally spaced data
points.
Sec. 63.8(g)(5)................... Data Reduction.......... Data that cannot be used No.
in computing averages
for CEMS and COMS.
Sec. 63.9(a)...................... Notification Applicability and State Yes.
Requirements. Delegation.
Sec. 63.9(b)(1)-(5)............... Initial Notifications... Submit notification 120 Yes.
days after effective
date. Notification of
intent to construct/
reconstruct;
Notification of
commencement of
construct/reconstruct;
Notification of
startup. Contents of
each.
Sec. 63.9(c)...................... Request for Compliance Can request if cannot Yes.
Extension. comply by date or if
installed BACT/LAER.
Sec. 63.9(d)...................... Notification of Special For sources that Yes.
Compliance Requirements commence construction
for New Source. between proposal and
promulgation and want
to comply 3 years after
effective date.
Sec. 63.9(e)...................... Notification of Notify Administrator 60 Yes.
Performance Test. days prior.
Sec. 63.9(f)...................... Notification of VE/ Notify Administrator 30 No.
Opacity Test. days prior.
Sec. 63.9(g)...................... Additional Notifications Notification of Yes. However, there
When Using CMS. performance evaluation. are no opacity
Notification using COMS standards.
data. Notification that
exceeded criterion for
relative accuracy.

[[Page 330]]

Sec. 63.9(h)(1)-(6)............... Notification of Contents. Due 60 days Yes.
Compliance Status. after end of
performance test or
other compliance
demonstration, except
for opacity/VE, which
are due 30 days after.
When to submit to
Federal vs. State
authority.
Sec. 63.9(i)...................... Adjustment of Submittal Procedures for Yes.
Deadlines. Administrator to
approve change in when
notifications must be
submitted.
Sec. 63.9(j)...................... Change in Previous Must submit within 15 Yes.
Information. days after the change.
Sec. 63.10(a)..................... Recordkeeping/Reporting. Applies to all, unless Yes.
compliance extension.
When to submit to
Federal vs. State
authority. Procedures
for owners of more than
1 source.
Sec. 63.10(b)(1).................. Recordkeeping/Reporting. General Requirements. Yes.
Keep all records
readily available. Keep
for 5 years.
Sec. 63.10(b)(2)(i)-(iv).......... Records related to SSM.. Occurrence of each of Yes.
operation (process
equipment). Occurrence
of each malfunction of
air pollution
equipment. Maintenance
on air pollution
control equipment.
Actions during startup,
shutdown, and
malfunction.
Sec. 63.10(b)(2)(vi) and (x-xi)... CMS Records............. Malfunctions, Yes.
inoperative, out-of-
control. Calibration
checks. Adjustments,
maintenance.
Sec. 63.10(b)(2)(vii)-(ix)........ Records................. Measurements to Yes.
demonstrate compliance
with emissions
limitations.
Performance test,
performance evaluation,
and visible emissions
observation results.
Measurements to
determine conditions of
performance tests and
performance evaluations.
Sec. 63.10(b)(2)(xii)............. Records................. Records when under Yes.
waiver.
Sec. 63.10(b)(2)(xiii)............ Records................. Records when using No.
alternative to relative
accuracy test.
Sec. 63.10(b)(2)(xiv)............. Records................. All documentation Yes.
supporting Initial
Notification and
Notification of
Compliance Status.
Sec. 63.10(b)(3).................. Records................. Applicability Yes.
Determinations.
Sec. 63.10(c)..................... Records................. Additional Records for No.
CMS.
Sec. 63.10(d)(1).................. General Reporting Requirement to report... Yes.
Requirements.
Sec. 63.10(d)(2).................. Report of Performance When to submit to Yes.
Test Results. Federal or State
authority.
Sec. 63.10(d)(3).................. Reporting Opacity or VE What to report and when. No.
Observations.
Sec. 63.10(d)(4).................. Progress Reports........ Must submit progress Yes.
reports on schedule if
under compliance
extension.
Sec. 63.10(d)(5).................. Startup, Shutdown, and Contents and submission. Yes.
Malfunction Reports.
Sec. 63.10(e)(1)-(2).............. Additional CMS Reports.. Must report results for Yes. However, COMS are
each CEM on a unit not applicable.
Written copy of
performance evaluation
Three copies of COMS
performance evaluation.
Sec. 63.10(e)(3).................. Reports................. Excess Emissions Reports No.
Sec. 63.10(e)(3)(i-iii)........... Reports................. Schedule for reporting No.
excess emissions and
parameter monitor
exceedance (now defined
as deviations).
Sec. 63.10(e)(3)(iv-v)............ Excess Emissions Reports Requirement to revert to No.
quarterly submission if
there is an excess
emissions and parameter
monitor exceedance (now
defined as deviations).
Provision to request
semiannual reporting
after compliance for
one year. Submit report
by 30th day following
end of quarter or
calendar half. If there
has not been an
exceedance or excess
emissions (now defined
as deviations), report
contents is a statement
that there have been no
deviations.
Sec. 63.10(e)(3)(iv-v)............ Excess Emissions Reports Must submit report No.
containing all of the
information in Sec.
Sec. 63.10(c)(5-13)
and 63.8(c)(7-8).

[[Page 331]]

Sec. 63.10(e)(3)(vi-viii)......... Excess Emissions Report Requirements for No.
and Summary Report. reporting excess
emissions for CMSs (now
called deviations).
Requires all of the
information in Sec.
Sec. 63.10(c)(5-13)
and 63.8(c)(7-8).
Sec. 63.10(e)(4).................. Reporting COMS data..... Must submit COMS data No.
with performance test
data.
Sec. 63.10(f)..................... Waiver for Recordkeeping/ Procedures for Yes.
Reporting. Administrator to waive.
Sec. 63.11........................ Control and work Requirements for flares Yes.
practice requirements. and alternative work
practice for equipment
leaks.
Sec. 63.12........................ Delegation.............. State authority to Yes.
enforce standards.
Sec. 63.13........................ Addresses............... Addresses where reports, Yes.
notifications, and
requests are sent.
Sec. 63.14........................ Incorporation by Test methods Yes.
Reference. incorporated by
reference.
Sec. 63.15........................ Availability of Public and confidential Yes
Information. information.
----------------------------------------------------------------------------------------------------------------

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 20468, Apr. 20, 2006; 71
FR 69021, Nov. 29, 2006; 73 FR 78216, Dec. 22, 2008]

Subpart HHHHH_National Emission Standards for Hazardous Air Pollutants:
Miscellaneous Coating Manufacturing

Source: 68 FR 69185, Dec. 11, 2003, unless otherwise noted.

What This Subpart Covers

Sec.63.7980 What is the purpose of this subpart?

This subpart establishes national emission standards for hazardous
air pollutants (NESHAP) for miscellaneous coating manufacturing. This
subpart also establishes requirements to demonstrate initial and
continuous compliance with the emission limits, operating limits, and
work practice standards.

Sec.63.7985 Am I subject to the requirements in this subpart?

(a) You are subject to the requirements in this subpart if you own
or operate miscellaneous coating manufacturing operations, as defined in
paragraph (b) of this section, that meet the conditions specified in
paragraphs (a)(1) through (4) of this section.
(1) Are located at or are part of a major source of hazardous air
pollutants (HAP) emissions, as defined in section 112(a) of the Clean
Air Act (CAA).
(2) Manufacture coatings as defined in Sec.63.8105.
(3) Process, use, or produce HAP.
(4) Are not part of an affected source under another subpart of this
part 63.
(b) Miscellaneous coating manufacturing operations include the
facilitywide collection of equipment described in paragraphs (b)(1)
through (4) of this section that is used to manufacture coatings as
defined in Sec.63.8105. Miscellaneous coating manufacturing operations
also include cleaning operations.
(1) Process vessels.
(2) Storage tanks for feedstocks and products.
(3) Components such as pumps, compressors, agitators, pressure
relief devices, sampling connection systems, open-ended valves or lines,
valves, connectors, and instrumentation systems.
(4) Wastewater tanks and transfer racks.
(c) If the predominant use of a transfer rack loading arm or storage
tank (including storage tanks in series) is associated with
miscellaneous coating manufacturing, and the loading arm or storage tank
is not part of an affected source under a subpart of this part 63, then
you must assign the loading arm or storage tank to the miscellaneous
coating manufacturing operations. If the predominant use cannot be
determined, and the loading arm or storage tank is not part of an
affected source under a subpart of this part 63, then you must assign
the loading arm or storage tank to the miscellaneous coating
manufacturing operations. If the use varies from year to year, then you
must base the determination on the utilization that occurred during the
year preceding December 11, 2003 or, if the loading arm or storage tank

[[Page 332]]

was not in operation during that year, you must base the use on the
expected use for the first 5-year period after startup. You must include
the determination in the notification of compliance status report
specified in Sec.63.8075(d). You must redetermine the predominant use
at least once every 5 years after the compliance date.
(d) The requirements for miscellaneous coating manufacturing sources
in this subpart do not apply to operations described in paragraphs
(d)(1) through (5) of this section.
(1) Research and development facilities, as defined in section
112(c)(7) of the CAA.
(2) The affiliated operations located at an affected source under
subparts GG (National Emission Standards for Aerospace Manufacturing and
Rework Facilities), KK (National Emission Standards for the Printing and
Publishing Industry), JJJJ (NESHAP: Paper and Other Web Coating), future
MMMM (National Emission Standards for Miscellaneous Metal Parts and
Products Surface Coating Operations) and SSSS (NESHAP: Surface Coating
of Metal Coil) of 40 CFR part 63. Affiliated operations include, but are
not limited to, mixing or dissolving of coating ingredients; coating
mixing for viscosity adjustment, color tint or additive blending, or pH
adjustment; cleaning of coating lines and coating line parts; handling
and storage of coatings and solvent; and conveyance and treatment of
wastewater.
(3) Ancillary equipment such as boilers and incinerators (only those
not used to comply with the emission limits in Tables 1 through 5 to
this subpart), chillers and refrigeration systems, and other equipment
that is not directly involved in the manufacturing of a coating (i.e.,
it operates as a closed system, and materials are not combined with
materials used to manufacture the coating).
(4) Quality assurance/quality control laboratories.
(5) Modifying a purchased coating in preparation for application at
the purchasing facility.

[68 FR 69185, Dec. 11, 2003, as amended at 71 FR 58503, Oct. 4, 2006]

Sec.63.7990 What parts of my plant does this subpart cover?

(a) This subpart applies to each miscellaneous coating manufacturing
affected source as defined in Sec.63.7985(a).
(b) The miscellaneous coating manufacturing affected source is the
miscellaneous coating manufacturing operations as defined in Sec.
63.7985(b).
(c) An affected source is a new affected source if you commenced
construction or reconstruction after April 4, 2002, and you met the
applicability criteria at the time you commenced construction or
reconstruction.

Compliance Dates

Sec.63.7995 When do I have to comply with this subpart?

Except as specified in Sec.63.8090, you must comply with this
subpart according to the requirements of this section.
(a) If you have a new affected source, you must comply with this
subpart according to the requirements in paragraphs (a)(1) and (2) of
this section.
(1) If you start up your new affected source before December 11,
2003, then you must comply with the requirements for new sources in this
subpart no later than December 11, 2003.
(2) If you start up your new affected source after December 11,
2003, then you must comply with the requirements for new sources in this
subpart upon startup of your affected source.
(b) If you have an existing affected source on December 11, 2003,
then you must comply with the requirements for existing sources in this
subpart no later than December 11, 2006.
(c) [Reserved]
(d) You must meet the notification requirements in Sec.63.8070
according to the schedule in Sec.63.8070 and in 40 CFR part 63,
subpart A. Some of the notifications must be submitted before you are
required to comply with the emission limits, operating limits, and work
practice standards in this subpart.

[68 FR 69185, Dec. 11, 2003; 68 FR 75033, Dec. 29, 2003, as amended at
70 FR 25681, May 13, 2005; 71 FR 58503, Oct. 4, 2006]

[[Page 333]]

Emission Limits, Work Practice Standards, and Compliance Requirements

Sec.63.8000 What are my general requirements for complying with
this subpart?

(a) You must be in compliance with the emission limits and work
practice standards in Tables 1 through 5 to this subpart at all times,
except during periods of startup, shutdown, and malfunction. You must
meet the requirements specified in paragraphs (b) and (c) of this
section. You must meet the requirements specified in Sec. Sec.63.8005
through 63.8025 (or the alternative means of compliance in Sec.
63.8050), except as specified in paragraph (d) of this section. You must
meet the notification, reporting, and recordkeeping requirements
specified in Sec. Sec.63.8070, 63.8075, and 63.8080.
(b) General requirements. (1) If an emission stream contains halogen
atoms, and you use a combustion-based control device (excluding a flare)
to meet an organic HAP emission limit, you must determine whether the
emission stream meets the definition of a halogenated stream by
calculating the concentration of each organic compound that contains
halogen atoms using the procedures specified in Sec.63.115(d)(2)(v),
multiplying each concentration by the number of halogen atoms in the
organic compound, and summing the resulting halogen atom concentrations
for all of the organic compounds in the emission stream. Alternatively,
you may elect to designate the emission stream as halogenated.
(2) Opening of a safety device, as defined in Sec.63.8105, is
allowed at any time conditions require it to avoid unsafe conditions.
(c) Compliance requirements for closed vent systems and control
devices. If you use a control device to comply with an emission limit in
Table 1, 2, or 5 to this subpart, you must comply with the requirements
in subpart SS of 40 CFR part 63 as specified in paragraphs (c)(1)
through (3) of this section, except as specified in paragraph (d) of
this section.
(1) If you reduce organic HAP emissions by venting emissions through
a closed-vent system to any combination of control devices (except a
flare), you must meet the requirements of Sec.63.982(c) and the
requirements referenced therein.
(2) If you reduce organic HAP emissions by venting emissions through
a closed-vent system to a flare, you must meet the requirements of Sec.
63.982(b) and the requirements referenced therein. You may not use a
flare to control halogenated vent streams or hydrogen halide and halogen
HAP emissions.
(3) If you use a halogen reduction device to reduce hydrogen halide
and halogen HAP emissions that are generated by combusting halogenated
vent streams, you must meet the requirements of Sec.63.994 and the
requirements referenced therein. If you use a halogen reduction device
before a combustion device, you must determine the halogen atom emission
rate prior to the combustion device according to the procedures in Sec.
63.115(d)(2)(v).
(d) Exceptions to the requirements specified in other subparts of
this part 63--(1) Requirements for performance tests. The requirements
specified in paragraphs (d)(1)(i) through (v) of this section apply
instead of or in addition to the requirements for performance testing of
control devices as specified in subpart SS of 40 CFR part 63.
(i) Conduct gas molecular weight analysis using Method 3, 3A, or 3B
in appendix A to 40 CFR part 60.
(ii) Measure moisture content of the stack gas using Method 4 in
appendix A to 40 CFR part 60.
(iii) As an alternative to using Method 18, Method 25/25A, or Method
26/26A of 40 CFR part 60, appendix A, to comply with any of the emission
limits specified in Tables 1 through 6 to this subpart, you may use
Method 320 of 40 CFR part 60, appendix A. When using Method 320, you
must follow the analyte spiking procedures of section 13 of Method 320,
unless you demonstrate that the complete spiking procedure has been
conducted at a similar source.
(iv) Section 63.997(c)(1) does not apply. For the purposes of this
subpart, results of all initial compliance demonstrations must be
included in the notification of compliance status report, which is due
150 days after the compliance date, as specified in Sec.63.8075(d)(1).

[[Page 334]]

(v) If you do not have a closed-vent system as defined in Sec.
63.981, you must determine capture efficiency using Method 204 of
appendix M to 40 CFR part 51 for all stationary process vessels subject
to requirements of Table 1 to this subpart.
(2) Design evaluation. To determine the percent reduction of a small
control device, you may elect to conduct a design evaluation as
specified in Sec.63.1257(a)(1) instead of a performance test as
specified in subpart SS of 40 CFR part 63. You must establish the
value(s) and basis for the operating limits as part of the design
evaluation.
(3) Periodic verification. For a control device with total inlet HAP
emissions less than 1 ton per year (tpy), you must establish an
operating limit(s) for a parameter(s) that you will measure and record
at least once per averaging period (i.e., daily or block) to verify that
the control device is operating properly. You may elect to measure the
same parameter(s) that is required for control devices that control
inlet HAP emissions equal to or greater than 1 tpy. If the parameter
will not be measured continuously, you must request approval of your
proposed procedure in the precompliance report. You must identify the
operating limit(s) and the measurement frequency, and you must provide
rationale to support how these measurements demonstrate the control
device is operating properly.
(4) Continuous emissions monitoring systems. Each continuous
emissions monitoring system (CEMS) must be installed, operated, and
maintained according to the requirements in Sec.63.8 and paragraphs
(d)(4)(i) through (iv) of this section.
(i) Each CEMS must be installed, operated, and maintained according
to the applicable Performance Specification of 40 CFR part 60, appendix
B, and according to paragraph (d)(4)(ii) of this section, except as
specified in paragraph (d)(4)(i)(A) of this section. For any CEMS
meeting Performance Specification 8, you must also comply with appendix
F, procedure 1 of 40 CFR part 60.
(A) If you wish to use a CEMS other than a Fourier Transform
Infrared Spectroscopy (FTIR) meeting the requirements of Performance
Specification 15 to measure hydrogen halide and halogen HAP before we
promulgate a Performance Specification for such CEMS, you must prepare a
monitoring plan and submit it for approval in accordance with the
procedures specified in Sec.63.8.
(B) [Reserved]
(ii) You must determine the calibration gases and reporting units
for TOC CEMS in accordance with paragraph (d)(4)(ii)(A), (B), or (C) of
this section.
(A) For CEMS meeting Performance Specification 9 or 15 requirements,
determine the target analyte(s) for calibration using either process
knowledge of the control device inlet stream or the screening procedures
of Method 18 on the control device inlet stream.
(B) For CEMS meeting Performance Specification 8 used to monitor
performance of a combustion device, calibrate the instrument on the
predominant organic HAP and report the results as carbon
(C1), and use Method 25A or any approved alternative as the
reference method for the relative accuracy tests.
(C) For CEMS meeting Performance Specification 8 used to monitor
performance of a noncombustion device, determine the predominant organic
HAP using either process knowledge or the screening procedures of Method
18 on the control device inlet stream, calibrate the monitor on the
predominant organic HAP, and report the results as C1. Use
Method 18, ASTM D6420-99, or any approved alternative as the reference
method for the relative accuracy tests, and report the results as
C1.
(iii) You must conduct a performance evaluation of each CEMS
according to the requirements in 40 CFR 63.8 and according to the
applicable Performance Specification of 40 CFR part 60, appendix B,
except that the schedule in Sec.63.8(e)(4) does not apply, and the
results of the performance evaluation must be included in the
notification of compliance status report.
(iv) The CEMS data must be reduced to operating day or operating
block averages computed using valid data consistent with the data
availability requirements specified in Sec.63.999(c)(6)(i)(B) through
(D), except monitoring data also are sufficient to

[[Page 335]]

constitute a valid hour of data if measured values are available for at
least two of the 15-minute periods during an hour when calibration,
quality assurance, or maintenance activities are being performed. An
operating block is a period of time from the beginning to end of batch
operations in the manufacturing of a coating. Operating block averages
may be used only for process vessel data.
(5) Continuous parameter monitoring. The provisions in paragraphs
(d)(5)(i) through (iii) of this section apply in addition to the
requirements for continuous parameter monitoring system (CPMS) in
subpart SS of 40 CFR part 63.
(i) You must record the results of each calibration check and all
maintenance performed on the CPMS as specified in Sec.
63.998(c)(1)(ii)(A).
(ii) When subpart SS of 40 CFR part 63 uses the term a range or
operating range of a monitored parameter, it means an operating limit
for a monitored parameter for the purposes of this subpart.
(iii) As an alternative to measuring pH as specified in Sec.
63.994(c)(1)(i), you may elect to continuously monitor the caustic
strength of the scrubber effluent.
(6) Startup, shutdown, and malfunction. Sections 63.998(b)(2)(iii)
and (b)(6)(i)(A), which apply to the exclusion of monitoring data
collected during periods of startup, shutdown, and malfunction (SSM)
from daily averages, do not apply for the purposes of this subpart.
(7) Reporting. (i) When Sec. Sec.63.8005 through 63.8025 reference
other subparts in this part 63 that use the term periodic report, it
means compliance report for the purposes of this subpart.
(ii) When there are conflicts between this subpart and referenced
subparts for the due dates of reports required by this subpart, reports
must be submitted according to the due dates presented in this subpart.
(iii) Excused excursions, as defined in subpart SS of 40 CFR part
63, are not allowed.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25681, May 13, 2005]

Sec.63.8005 What requirements apply to my process vessels?

(a) General. (1) You must meet each emission limit and work practice
standard in Table 1 to this subpart that applies to you, and you must
meet each applicable requirement specified in Sec.63.8000(b), except
as specified in paragraphs (a)(1)(i) and (ii) of this section.
(i) You are not required to meet the emission limits and work
practice standards in Table 1 to this subpart if you comply with Sec.
63.8050 or Sec.63.8055.
(ii) You must meet the emission limits and work practice standards
in Table 1 to this subpart for emissions from automatic cleaning
operations. You are not required to meet the emission limits and work
practice standards in Table 1 to this subpart for emissions from
cleaning operations that are conducted manually.
(2) For each control device used to comply with Table 1 to this
subpart, you must comply with subpart SS of this part 63 as specified in
Sec.63.8000(c), except as specified in Sec.63.8000(d) and paragraphs
(b) through (g) of this section.
(b) When subpart SS of this part 63 refers to process vents, it
means process vessel vents for the purposes of this section.
(c) Process condensers, as defined in Sec.63.1251, are not
considered to be control devices for process vessels.
(d) Initial compliance. (1) To demonstrate initial compliance with a
percent reduction emission limit in Table 1 to this subpart, you must
conduct the performance test or design evaluation under conditions as
specified in Sec.63.7(e)(1), except that the performance test or
design evaluation must be conducted under worst-case conditions. Also,
the performance test for a control device used to control emissions from
process vessels must be conducted according to Sec.63.1257(b)(8),
including the submittal of a site-specific test plan for approval prior
to testing. The requirements in Sec.63.997(e)(1)(i) and (iii) also do
not apply for performance tests conducted to determine compliance with
the emission limits for process vessels.
(2) For the initial compliance demonstration for condensers, you
must determine uncontrolled emissions

[[Page 336]]

using the procedures specified in Sec.63.1257(d)(2), and you must
determine controlled emissions using the procedures specified in Sec.
63.1257(d)(3)(i)(B) and (iii).
(3) You must demonstrate that each process condenser is properly
operated according to the procedures specified in Sec.
63.1257(d)(2)(i)(C)(4)(ii) and (d)(3)(iii)(B). The reference in Sec.
63.1257(d)(3)(iii)(B) to the alternative standard in Sec.63.1254(c)
does not apply for the purposes of this subpart. As an alternative to
measuring the exhaust gas temperature, as required by Sec.
63.1257(d)(3)(iii)(B), you may elect to measure the liquid temperature
in the receiver.
(4) You must conduct a performance test or compliance demonstration
equivalent to an initial compliance demonstration within 360 hours of a
change in operating conditions that are not considered to be within the
previously established worst-case conditions.
(e) Establishing operating limits. You must establish operating
limits under the conditions required for your initial compliance
demonstration, except you may elect to establish operating limit(s) for
conditions other than those under which a performance test was conducted
as specified in paragraph (e)(1) of this section and, if applicable,
paragraph (e)(2) of this section.
(1) The operating limits may be based on the results of the
performance test and supplementary information such as engineering
assessments and manufacturer's recommendations. These limits may be
established for conditions as unique as individual emission episodes.
You must provide rationale in the precompliance report for the specific
level for each operating limit, including any data and calculations used
to develop the limit and a description of why the limit indicates proper
operation of the control device. The procedures provided in this
paragraph (e)(1) have not been approved by the Administrator and
determination of the operating limit using these procedures is subject
to review and approval by the Administrator.
(2) If you elect to establish separate operating limits for
different emission episodes, you must maintain records as specified in
Sec.63.8085(g) of each point at which you change from one operating
limit to another, even if the duration of the monitoring for an
operating limit is less than 15 minutes.
(f) Averaging periods. If you elect to establish separate operating
limits for different emission episodes, you may elect to determine
operating block averages instead of the daily averages specified in
Sec.63.998(b)(3). An operating block is a period of time that is equal
to the time from the beginning to end of an emission episode or sequence
of emission episodes.
(g) Flow indicators. If flow to a control device could be
intermittent, you must install, calibrate, and operate a flow indicator
at the inlet or outlet of the control device to identify periods of no
flow. Periods of no flow may not be used in daily or block averages, and
it may not be used in fulfilling a minimum data availability
requirement.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25681, May 13, 2005]

Sec.63.8010 What requirements apply to my storage tanks?

(a) You must meet each emission limit in Table 2 to this subpart
that applies to your storage tanks, and you must meet each applicable
requirement specified in Sec.63.8000(b). For each control device used
to comply with Table 2 to this subpart, you must comply with subpart SS
of this part 63 as specified in Sec.63.8000(c), except as specified in
Sec.63.8000(d) and paragraphs (b) through (d) of this section.
(b) Exceptions to subparts SS and WW of this part 63. (1) If you
conduct a performance test or design evaluation for a control device
used to control emissions only from storage tanks, you must establish
operating limits, conduct monitoring, and keep records using the same
procedures as required in subpart SS of this part 63 for control devices
used to reduce emissions from process vents instead of the procedures
specified in Sec. Sec.63.985(c), 63.998(d)(2)(i), and 63.999(b)(2).
(2) When the term storage vessel is used in subparts SS and WW of
this part 63, the term storage tank, as defined in Sec.63.8105 applies
for the purposes of this subpart.

[[Page 337]]

(c) Planned routine maintenance. The emission limits in Table 2 to
this subpart for control devices used to control emissions from storage
tanks do not apply during periods of planned routine maintenance.
Periods of planned routine maintenance of each control device, during
which the control device does not meet the emission limit specified in
Table 2 to this subpart, must not exceed 240 hours per year (hr/yr). You
may submit an application to the Administrator requesting an extension
of this time limit to a total of 360 hr/yr. The application must explain
why the extension is needed, it must indicate that no material will be
added to the storage tank between the time the 240 hr/yr limit is
exceeded and the control device is again operational, and it must be
submitted at least 60 days before the 240 hr/yr limit will be exceeded.
(d) Vapor balancing alternative. As an alternative to the emission
limits specified in Table 2 to this subpart, you may elect to implement
vapor balancing in accordance with Sec.63.1253(f), except as specified
in paragraphs (d)(1) and (2) of this section.
(1) To comply with Sec.63.1253(f)(6)(i), the owner or operator of
an offsite cleaning and reloading facility must comply with Sec. Sec.
63.7995 through 63.8105 instead of complying with Sec.
63.1253(f)(7)(ii).
(2) You may elect to set a pressure relief device to a value less
than the 2.5 psig required in Sec.63.1253(f)(5) if you provide
rationale in your notification of compliance status report explaining
why the alternative value is sufficient to prevent breathing losses at
all times.

Sec.63.8015 What requirements apply to my equipment leaks?

(a) You must meet each requirement in Table 3 to this subpart that
applies to your equipment leaks, except as specified in paragraphs (b)
through (d) of this section.
(b) Exceptions to requirements in Sec.63.424(a). (1) When Sec.
63.424(a) refers to ``a bulk gasoline terminal or pipeline breakout
station subject to the provisions of this subpart,'' the phrase ``a
miscellaneous coating manufacturing affected source subject to 40 CFR
part 63, subpart HHHHH'' shall apply for the purposes of this subpart.
(2) When Sec.63.424(a) refers to ``equipment in gasoline
service,'' the phrase ``equipment in organic HAP service'' shall apply
for the purposes of this subpart.
(3) When Sec.63.424(a) specifies that ``each piece of equipment
shall be inspected during loading of a gasoline cargo tank,'' the phrase
``each piece of equipment must be inspected when it is operating in
organic HAP service'' shall apply for the purposes of this subpart.
(4) Equipment in service less than 300 hours per year, equipment in
vacuum service, or equipment contacting non-process fluids is excluded
from this section.
(c) When Sec.63.1036 refers to batch processes, any part of the
miscellaneous coating manufacturing operations applies for the purposes
of this subpart.
(d) For the purposes of this subpart, pressure testing for leaks in
accordance with Sec.63.1036(b) is not required after reconfiguration
of an equipment train if flexible hose connections are the only
disturbed equipment.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25681, May 13, 2005]

Sec.63.8020 What requirements apply to my wastewater streams?

(a) You must meet each requirement in Table 4 to this subpart that
applies to your wastewater streams, and you must meet each applicable
requirement specified in Sec.63.8000 and paragraphs (b) through (d) of
this section.
(b) For each wastewater stream that you generate, you must either
designate the wastewater stream as a Group 1 wastewater stream according
to the procedures in paragraph (b)(1) of this section, or you must
determine whether the wastewater stream is a Group 1 wastewater stream
according to the procedures in paragraph (b)(2) of this section.
(1) You may designate any wastewater stream as a Group 1 wastewater
stream. You do not have to determine the concentration for any
designated Group 1 wastewater stream.
(2) For wastewater streams that you do not designate as Group 1
wastewater streams, you must use the procedures

[[Page 338]]

specified in Sec.63.144(b) to establish the concentrations, except as
specified in paragraphs (b)(2)(i) and (ii) of this section.
(i) References to Table 8 compounds in Sec.63.144 do not apply for
the purposes of this subpart.
(ii) Alternative test methods. (A) As an alternative to the test
methods specified in Sec.63.144(b)(5)(i), you may use Method 8260 or
8270 as specified in Sec.63.1257(b)(10)(iii).
(B) As an alternative to using the methods specified in Sec.
63.144(b)(5)(i), you may conduct wastewater analyses using Method 1666
or 1671 of 40 CFR part 136, appendix A, and comply with the sampling
protocol requirements specified in Sec.63.144(b)(5)(ii). The
validation requirements specified in Sec.63.144(b)(5)(iii) do not
apply if you use Method 1666 or 1671 of 40 CFR part 136, appendix A.
(c) For each enhanced biological treatment unit used to comply with
the requirements in Table 4 to this subpart, you must monitor total
suspended solids (TSS), biological oxygen demand (BOD), and the biomass
concentration. In the precompliance report you must identify and provide
rationale for proposed operating limits for these parameters, methods
for monitoring, the frequency of monitoring, and recordkeeping and
reporting procedures that will demonstrate proper operation of the
enhanced biological treatment unit. Alternatively, you may use the
precompliance report to request to monitor other parameters, and you
must include a description of planned reporting and recordkeeping
procedures and the basis for the selected monitoring frequencies and the
methods that will be used.
(d) If you transfer the wastewater offsite for enhanced biological
treatment, you must obtain written certification from the offsite
facility stating that the offsite facility will comply with the
requirements of this subpart. The certifying entity may revoke the
certification by providing 90 days notice. Upon expiration of the notice
period, you may not transfer wastewater to that treatment facility.

Sec.63.8025 What requirements apply to my transfer operations?

(a) You must comply with each emission limit and work practice
standard in Table 5 to this subpart that applies to your transfer
operations, and you must meet all applicable requirements specified in
Sec.63.8000(b). For each control device used to comply with Table 5 to
this subpart, you must comply with subpart SS of this part 63 as
specified in Sec.63.8000(c), except as specified in Sec.63.8000(d)
and paragraph (b) of this section.
(b) If you have Group 1 transfer operations, as defined in Sec.
63.8105, then all transfer racks used for bulk loading coatings must
meet the requirements for high throughput transfer racks in subpart SS
of this part.

Sec.63.8030 What requirements apply to my heat exchange systems?

(a) You must comply with the requirements specified in Table 6 to
this subpart that apply to your heat exchange systems, except as
specified in paragraphs (b) through (e) of this section.
(b) The phrase a chemical manufacturing process unit meeting the
conditions of Sec.63.100(b)(1) through (b)(3) of this section in Sec.
63.104(a) means the miscellaneous coating manufacturing operations
defined in Sec.63.7985(b) for the purposes of this subpart.
(c) The reference to Sec.63.100(c) in Sec.63.104(a) does not
apply for the purposes of this subpart.
(d) The reference to Sec.63.103(c)(1) in Sec.63.104(f)(1) does
not apply. For the purposes of this subpart, records must be retained as
specified in Sec.63.10(b)(1).
(e) The reference to the periodic report required by Sec.63.152(c)
of subpart G of this part means the compliance report required by Sec.
63.8075(e) for the purposes of this subpart.

Alternative Means of Compliance

Sec.63.8050 How do I comply with emissions averaging for stationary
process vessels at existing sources?

(a) As an alternative to complying with the requirements in Table 1
to this subpart for each individual stationary process vessel, you may
elect to comply with emissions averaging for

[[Page 339]]

stationary process vessels greater than or equal to 250 gallons (gal) at
your existing affected source as specified in paragraphs (b) through (e)
of this section.
(b) General requirements. (1) A State may prohibit averaging of HAP
emissions and require the owner or operator of an existing affected
source to comply with the emission limits and work practice standards in
Table 1 to this subpart.
(2) All stationary process vessels in an emissions averaging group
must be equipped with a tightly-fitting vented cover.
(c) Initial compliance. To demonstrate initial compliance with the
emissions averaging alternative, you must comply with the provisions in
paragraphs (c)(1) through (4) of this section.
(1) Estimate uncontrolled emissions from each affected stationary
process vessel in pounds per batch using the procedures specified in
Sec.63.1257(d)(2), except as specified in paragraphs (c)(1)(i) and
(ii) of this section. For the purposes of this section, uncontrolled
emissions means the emissions from the vessel if it were equipped only
with a tightly-fitting vented cover. You must identify the range of
typical operating parameters and perform the calculation using the
values that result in the highest emissions, and you must document the
operating parameters and resulting emissions calculations in the
precompliance report.
(i) When you are required to calculate uncontrolled emissions from
heating, you may not calculate emissions using Equation 13 of subpart
GGG of this part 63.
(ii) The statement in Sec.63.1257(d)(2)(i)(B) that ``the partial
pressure of HAP shall be assumed to be 25 percent of the saturated value
if the purge flow rate is greater than 100 scfm'' does not apply. For
the purposes of this subpart, multiply the HAP partial pressure in
Equation 12 of 40 CFR part 63, subpart GGG by a HAP-specific saturation
factor determined in accordance with Equations 1 through 3 of this
section. Solve equation 1 of this section iteratively beginning with
saturation factors (in the right-hand side of the equation) of 1.0 for
each condensable compound. Stop iterating when the calculated saturation
factors for all compounds are the same to two significant figures for
subsequent iterations. Note that for multi-component emission streams,
saturation factors must be calculated for all condensable compounds, not
just the HAP.
[GRAPHIC] [TIFF OMITTED] TR11DE03.001

[GRAPHIC] [TIFF OMITTED] TR11DE03.002

[GRAPHIC] [TIFF OMITTED] TR11DE03.003

where:

S1 = saturation factor for individual condensable compounds
in the emission stream
Pi = partial pressure of individual condensable compounds in
the emission stream calculated using Raoult's Law or other
appropriate methods
PT = pressure of the vessel vapor space
A = surface area of liquid
V = purge flow rate as used in Equation 12 of 40 CFR part 63, subpart
GGG
Vi\sat\ = volumetric flowrate of condensable compounds in the
emission stream
Ki = mass transfer coefficient of individual condensable
compounds in the emission stream
Ko = mass transfer coefficient of a reference compound (e.g.,
0.83 cm/s for water)
Mo = molecular weight of reference compound (e.g., 18.02 for
water)
Mi = molecular weight of individual condensable compounds in
the emission stream
n = number of condensable compounds in the emission stream

(2) Estimate controlled emissions in pounds per batch for each
vessel as specified in paragraphs (c)(2)(i) through (iii) of this
section.
(i) Except as specified in paragraphs (c)(2)(ii) and (iii) of this
section, estimate controlled emissions as if the vessel were controlled
in compliance with entry 2.b.i. in Table 1 to this subpart.
(ii) Estimate the controlled emissions using the control level
achieved on November 15, 1990 if that value is greater than the
applicable control level required by entry 2.b.i in Table 1 to this
subpart.

[[Page 340]]

(iii) Estimate the controlled emissions using the control level
required to comply with a State or Federal rule other than this subpart
if that level is greater than the applicable control level required by
entry 2.b.i in Table 1 to this subpart and the other rule was in effect
before the date when you request approval to comply with emissions
averaging.
(3) Determine actual emissions in pounds per batch for each vessel
in accordance with paragraph (c)(3)(i), (ii), or (iii) of this section,
as applicable.
(4) Provide rationale in the precompliance report for why the sum of
the actual emissions will be less than the sum of emissions from the
vessels if they had been controlled in accordance with Table 1 to this
subpart. The approved actual emissions calculated according to paragraph
(c)(3) of this section are emission limits that must be incorporated
into your operating permit.
(d) Continuous compliance. (1) Maintain a monthly log of the number
of batches produced that can be correlated with the emissions estimates
per batch developed in accordance with paragraph (c) of this section.
(2) Sum the actual emissions for all of the process vessels in the
emissions averaging group every three months, with the first 3-month
period beginning on the compliance date, and compare the resulting total
with the total emissions for the vessels calculated in accordance with
paragraph (c)(2) of this section. Compliance is demonstrated if the sum
of the actual emissions is less than the emissions estimated in
accordance with paragraph (c)(2) of this section.
(3) For control devices, establish operating limits and monitor as
specified in Sec.63.8000.
(e) Recordkeeping and reporting. Comply with Sec. Sec.63.8070,
63.8075, and 63.8080.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25682, May 13, 2005]

Sec.63.8055 How do I comply with a weight percent HAP limit
in coating products?

(a) As an alternative to complying with the requirements in Table 1
to this subpart for each individual stationary process vessel at an
existing source, you may elect to comply with a 5 weight percent HAP
limit for process vessels at your affected source that are used to
manufacture coatings with a HAP content of less than 0.05 kg per kg
product as specified in paragraph (b) of this section.
(b) You may only comply with the alternative during the production
of coatings that contain less than 5 weight percent HAP, as determined
using any of the procedures specified in paragraphs (b)(1) through (4)
of this section.
(1) Method 311 (appendix A to 40 CFR part 63).
(2) Method 24 (appendix A to 40 CFR part 60). You may use Method 24
to determine the mass fraction of volatile matter and use that value as
a substitute for the mass fraction of HAP.
(3) You may use an alternative test method for determining mass
fraction of HAP if you obtain prior approval by the Administrator. You
must follow the procedure in Sec.63.7(f) to submit an alternative test
method for approval.
(4) You may rely on formulation data from raw material suppliers if
it represents each organic HAP that is present at 0.1 percent by mass or
more for OSHA-defined carcinogens, as specified in 29 CFR
1910.1200(d)(4), and at 1.0 percent by mass or more for other compounds.
If the HAP weight percent estimated based on formulation data conflicts
with the results of a test conducted according to paragraphs (b)(1)
through (3) of this section, then there is a rebuttal presumption that
the test results are accurate unless, after consultation, you
demonstrate to the satisfaction of the permitting authority that the
test results are not accurate and that the formulation data are more
appropriate.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25682, May 13, 2005; 70
FR 75927, Dec. 21, 2005]

Notification, Reports, and Records

Sec.63.8070 What notifications must I submit and when?

(a) You must submit all of the notifications in Sec. Sec.
63.6(h)(4) and (5), 63.7(b) and (c), 63.8(e), (f)(4) and (6), 63.9(b)
through (h) that apply to you by the dates specified.

[[Page 341]]

(b) Initial notification. (1) As specified in Sec.63.9(b)(2), if
you have an existing affected source on December 11, 2003, you must
submit an initial notification not later than 120 calendar days after
December 11, 2003.
(2) As specified in Sec.63.9(b)(3), if you start up your new
affected source on or after December 11, 2003, you must submit an
initial notification not later than 120 calendar days after you become
subject to this subpart.
(c) Notification of performance test. If you are required to conduct
a performance test, you must submit a notification of intent to conduct
a performance test at least 60 calendar days before the performance test
is scheduled to begin as required in Sec.63.7(b)(1). For any
performance test required as part of the initial compliance procedures
for process vessels in Table 1 to this subpart, you must also submit the
test plan required by Sec.63.7(c) and the emission profile with the
notification of the performance test.

Sec.63.8075 What reports must I submit and when?

(a) You must submit each report in Table 9 to this subpart that
applies to you.
(b) Unless the Administrator has approved a different schedule for
submission of reports under Sec.63.10(a), you must submit each report
as specified in Table 9 to this subpart and paragraphs (b)(1) and (2) of
this section.
(1) The compliance reports must be submitted semiannually. The first
report must be submitted no later than 240 days after the applicable
compliance date and shall cover the 6-month period beginning on the
compliance date. Each subsequent compliance report must cover the 6-
month period following the preceding period.
(2) For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the
permitting authority has established dates for submitting semiannual
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance
reports according to the dates the permitting authority has established
instead of according to the dates in Table 9.
(c) Precompliance report. You must submit a precompliance report to
request approval of any of the information in paragraphs (c)(1) through
(4) of this section. We will either approve or disapprove the report
within 90 days after we receive it. If we disapprove the report, you
must still be in compliance with the emission limitations and work
practice standards in this subpart by the compliance date.
(1) Requests for approval to set operating limits for parameters
other than those specified in Sec. Sec.63.8005 through 63.8025,
including parameters for enhanced biological treatment units.
Alternatively, you may make these requests according to Sec.63.8(f).
(2) Descriptions of daily or per batch demonstrations to verify that
control devices subject to Sec.63.8000(d)(3) are operating as
designed.
(3) A description of the test conditions, data, calculations, and
other information used to establish operating limits according to Sec.
63.8005(e)(1).
(4) If you comply with emissions averaging in Sec.63.8050, the
data and results of emission calculations as specified in Sec.
63.8050(c)(1) through (3), and rationale for why the sum of actual
emissions will be less than the sum of emissions if the process vessels
were controlled in accordance with Table 1 to this subpart as specified
in Sec.63.8050(c)(4).
(d) Notification of compliance status report. You must submit a
notification of compliance status report according to the schedule in
paragraph (d)(2) of this section, and the notification of compliance
status report must include the information specified in paragraph (d)(2)
of this section.
(1) You must submit the notification of compliance status report no
later than 150 days after the applicable compliance date specified in
Sec.63.7995.
(2) The notification of compliance status report must include the
information in paragraphs (d)(3)(i) through (vi) of this section.
(i) The results of any applicability determinations (e.g., HAP
content of coating products; halogenated vent

[[Page 342]]

stream determinations; group determinations for storage tanks,
wastewater, and transfer operations; and equipment that is in organic
HAP service).
(ii) The results of performance tests, engineering analyses, design
evaluations, flare compliance assessments, inspections and repairs, and
calculations used to demonstrate initial compliance according to
Sec. Sec.63.8005 through 63.8025 and 63.8055. For performance tests,
results must include descriptions of sampling and analysis procedures
and quality assurance procedures.
(iii) Descriptions of monitoring devices, monitoring frequencies,
and the operating limits established during the initial compliance
demonstrations, including data and calculations to support the levels
you establish.
(iv) Identification of parts of the affected source that are subject
to overlapping requirements described in Sec.63.8090 and the authority
under which you will comply.
(v) Identify storage tanks for which you are complying with the
vapor balancing alternative in Sec.63.8010(e).
(vi) If you transfer Group 1 wastewater stream to an offsite
facility for treatment, include the name and location of the transferee
and a description of the Group 1 wastewater stream that is sent to the
treatment facility. If the offsite facility provides enhanced biological
treatment, also include the certification required by Sec.63.8020(d)
that the offsite facility will comply with the requirements of this
subpart.
(e) Compliance report. The compliance report must contain the
information specified in paragraphs (e)(1) through (8) of this section.
(1) Company name and address.
(2) Statement by a responsible official with that official's name,
title, and signature, certifying the accuracy of the content of the
report.
(3) Date of report and beginning and ending dates of the reporting
period.
(4) Applicable records and information for periodic reports as
specified in referenced subparts F, SS, TT, UU, and WW of this part 63.
(5) For each SSM during which excess emissions occur, the compliance
report must include the information specified in paragraphs (e)(5)(i)
and (ii) of this section.
(i) Records that the procedures specified in your startup, shutdown,
and malfunction plan (SSMP) were followed or documentation of actions
taken that are not consistent with the SSMP.
(ii) A description of each malfunction.
(6) The compliance report must contain the information on
deviations, as defined in Sec.63.8105, according to paragraphs
(e)(6)(i), (ii), and (iii) of this section.
(i) If there are no deviations from any emission limit, operating
limit, or work practice standard specified in this subpart, include a
statement that there were no deviations from the emission limits,
operating limits, or work practice standards during the reporting
period.
(ii) For each deviation from an emission limit, operating limit, and
work practice standard that occurs at an affected source where you are
not using a continuous monitoring system (CMS) to comply with the
emission limit or work practice standards in this subpart, you must
include the information in paragraphs (e)(6)(ii)(A) through (C) of this
section.
(A) The total operating time of each affected source during the
reporting period.
(B) Information on the number, duration, and cause of deviations
(including unknown cause, if applicable), as applicable, and the
corrective action taken.
(C) Operating logs for the day(s) during which the deviation
occurred, except operating logs are not required for deviations of the
work practice standards for equipment leaks.
(iii) For each deviation from an emission limit or operating limit
occurring at an affected source where you are using a CMS to comply with
the emission limit in this subpart, you must include the information in
paragraphs (e)(6)(iii)(A) through (K) of this section. This includes
periods of SSM.
(A) The date and time that each CMS was inoperative, except for zero
(low-level) and high-level checks.
(B) The date, time, and duration that each CEMS was out-of-control,
including the information in Sec.63.8(c)(8).

[[Page 343]]

(C) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of startup, shutdown, or
malfunction or during another period.
(D) A summary of the total duration of the deviation during the
reporting period, and the total duration as a percent of the total
source operating time during that reporting period.
(E) A breakdown of the total duration of the deviations during the
reporting period into those that are due to startup, shutdown, control
equipment problems, process problems, other known causes, and other
unknown causes.
(F) A summary of the total duration of CMS downtime during the
reporting period, and the total duration of CMS downtime as a percent of
the total source operating time during that reporting period.
(G) An identification of each HAP that is known to be in the
emission stream or wastewater stream, as applicable.
(H) A description of the product being produced.
(I) Identification of the CMS.
(J) The date of the latest CMS certification or audit.
(K) The operating day or operating block average values of monitored
parameters for each day(s) during which the deviation occurred.
(7) If you use a CEMS, and there were no periods during which it was
out-of-control as specified in Sec.63.8(c)(7), include a statement
that there were no periods during which the CEMS was out-of-control
during the reporting period.
(8) Notification of process change. (i) Except as specified in
paragraph (e)(8)(ii) of this section, whenever you change any of the
information submitted in either the notification of compliance status
report or any previously reported change to the notification of
compliance status report, you must document the change in your
compliance report. The notification must include all of the information
in paragraphs (e)(8)(i)(A) and (B) of this section.
(A) Revisions to any of the information reported in the original
notification of compliance status report under paragraph (d) of this
section.
(B) Information required by the notification of compliance status
report under paragraph (d) of this section for changes involving the
addition of processes or equipment at the affected source.
(ii) You must submit a report 60 days before the scheduled
implementation date of any of the changes identified in paragraphs
(e)(8)(ii)(A), (B), or (C) of this section.
(A) Any change to the information contained in either the
precompliance report or any previously reported change to the
precompliance report.
(B) A change in the status of a control device from small to large.
(C) A change in compliance status.

Sec.63.8080 What records must I keep?

You must keep the records specified in paragraphs (a) through (g) of
this section.
(a) Each applicable record required by subpart A of this part 63 and
in referenced subparts SS, TT, UU, and WW of this part 63.
(b) If complying with emissions averaging, records of the monthly
number of batches for each process vessel, the quarterly actual
emissions for each process vessel, the quarterly estimated emissions for
each process vessel if it had been controlled as specified in Table 1 to
this subpart, and comparison of the sums of the quarterly actual and
estimated emissions as specified in Sec.63.8050(d).
(c) A record of each time a safety device is opened to avoid unsafe
conditions in accordance with Sec.63.8000(b)(2).
(d) Records of the results of each CPMS calibration check and the
maintenance performed, as specified in Sec.63.8000(d)(5).
(e) For each CEMS, you must keep the records of the date and time
that each deviation started and stopped, and whether the deviation
occurred during a period of startup, shutdown, or malfunction or during
another period.
(f) In the SSMP required by Sec.63.6(e)(3), you are not required
to include Group 2 or non-affected emission points. For equipment leaks
only, the

[[Page 344]]

SSMP requirement is limited to control devices and is optional for other
equipment.
(g) If you establish separate operating limits as allowed in Sec.
63.8005(e), you must maintain a log of operation or a daily schedule
indicating the time when you change from one operating limit to another.

Other Requirements and Information

Sec.63.8090 What compliance options do I have if part of my plant
is subject to both this subpart and another subpart?

(a) Compliance with 40 CFR parts 264 and 265, subparts AA, BB, and/
or CC. (1) After the compliance dates specified in Sec.63.7995, if a
control device that you use to comply with this subpart is also subject
to monitoring, recordkeeping, and reporting requirements in 40 CFR part
264, subpart AA, BB, or CC; or the monitoring and recordkeeping
requirements in 40 CFR part 265, subpart AA, BB, or CC; and you comply
with the periodic reporting requirements under 40 CFR part 264, subpart
AA, BB, or CC that would apply to the device if your facility had final-
permitted status, you may elect to comply either with the monitoring,
recordkeeping, and reporting requirements of this subpart; or with the
monitoring and recordkeeping requirements in 40 CFR part 264 or 265 and
the reporting requirements in 40 CFR part 264, as described in this
paragraph (a), which constitute compliance with the monitoring,
recordkeeping, and reporting requirements of this subpart. If you elect
to comply with the monitoring, recordkeeping, and reporting requirements
in 40 CFR parts 264 and/or 265, you must report the information required
for the compliance report in Sec.63.8075(e), and you must identify in
the notification of compliance status report required by Sec.
63.8075(d) the monitoring, recordkeeping, and reporting authority under
which you will comply.
(2) After the compliance dates specified in this section, if any
equipment at an affected source that is subject to this subpart is also
subject to 40 CFR part 264, subpart BB or to 40 CFR part 265, subpart
BB, then compliance with the recordkeeping and reporting requirements of
40 CFR part 264 and/or 265 may be used to comply with the recordkeeping
and reporting requirements of Sec.63.1255, to the extent that the
requirements of 40 CFR part 264 and/or 265 duplicate the requirements of
this subpart. You must identify in the notification of compliance status
report required by Sec.63.8075(d) if you will comply with the
recordkeeping and reporting authority under 40 CFR part 264 and/or 265.
(b) Compliance with 40 CFR part 60, subpart Kb. After the compliance
dates specified in Sec.63.7995, you are in compliance with this
subpart for any storage tank that is assigned to miscellaneous coating
manufacturing operations and that is both controlled with a floating
roof and in compliance with the provisions of 40 CFR part 60, subpart
Kb. You are in compliance with this subpart if you have a storage tank
with a fixed roof, closed-vent system, and control device in compliance
with 40 CFR part 60, subpart Kb, you must comply with the monitoring,
recordkeeping, and reporting requirements in this subpart. You must also
identify in your notification of compliance status report required by
Sec.63.8075(d) which storage tanks are in compliance with 40 CFR part
60, subpart Kb.
(c) Compliance with 40 CFR part 63, subpart FFFF. After the
compliance dates specified in Sec.63.7995, an affected source under
this subpart HHHHH that includes equipment that is also part of an
affected source under 40 CFR part 63, subpart FFFF is deemed in
compliance with this subpart HHHHH if all of the conditions specified in
paragraphs (c)(1) through (5) of this section are met.
(1) Equipment used for both miscellaneous coating manufacturing
operations and as part of a miscellaneous organic chemical manufacturing
process unit (MCPU), as defined in Sec.63.2435, must be part of a
process unit group developed in accordance with the provisions in Sec.
63.2535(l).
(2) For the purposes of complying with Sec.63.2535(l), a
miscellaneous coating manufacturing ``process unit'' consists of all
coating manufacturing equipment that is also part of an MCPU in the
process unit group. All miscellaneous coating manufacturing

[[Page 345]]

operations that are not part of a process unit group must comply with
the requirements of this subpart HHHHH.
(3) The primary product for a process unit group that includes
miscellaneous coating manufacturing equipment must be organic chemicals
as described in Sec.63.2435(b)(1).
(4) The process unit group must be in compliance with the
requirements in 40 CFR part 63, subpart FFFF as specified in Sec.
63.2535(l)(3)(i) no later than the applicable compliance dates specified
in Sec.63.2445.
(5) You must include in the notification of compliance status report
required in Sec.63.8070(d) the records as specified in Sec.
63.2535(l)(1) through (3).

[68 FR 69185, Dec. 11, 2003, as amended at 71 FR 58503, Oct. 4, 2006]

Sec.63.8095 What parts of the General Provisions apply to me?

Table 10 to this subpart shows which parts of the General Provisions
in Sec. Sec.63.1 through 63.15 apply to you.

Sec.63.8100 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by us, the U.S.
Environmental Protection Agency (U.S. EPA), or a delegated authority
such as your State, local, or tribal agency. If the U.S. EPA
Administrator has delegated authority to your State, local, or tribal
agency, then that agency also has the authority to implement and enforce
this subpart. You should contact your U.S. EPA Regional Office to find
out if this subpart is delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraphs (b)(1) through (4) of
this section are retained by the Administrator of U.S. EPA and are not
delegated to the State, local, or tribal agency.
(1) Approval of alternatives to the non-opacity emission limits and
work practice standards in Sec.63.8000(a) under Sec.63.6(g).
(2) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec.63.90.
(3) Approval of major alternatives to monitoring under Sec.63.8(f)
and as defined in Sec.63.90.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec.63.10(f) and as defined in Sec.63.90.

Sec.63.8105 What definitions apply to this subpart?

(a) For an affected source complying with the requirements in
subpart SS of this part 63, the terms used in this subpart and in
subpart SS of this part 63 have the meaning given them in Sec.63.981,
except as specified in Sec. Sec.63.8000(d)(5)(ii) and (7),
63.8010(c)(2), 63.8025(b), and paragraph (g) of this section.
(b) For an affected source complying with the requirements in
subpart TT of this part 63, the terms used in this subpart and in
subpart TT of this part 63 have the meaning given them in Sec.63.1001.
(c) For an affected source complying with the requirements in
subpart UU of this part 63, the terms used in this subpart and in
subpart UU of this part 63 have the meaning given them in Sec.63.1020.
(d) For an affected source complying with the requirements in
subpart WW of this part 63, the terms used in this subpart and subpart
WW of this part 63 have the meaning given them in Sec.63.1061, except
as specified in Sec. Sec.63.8000(d)(7), 63.8010(c)(2), and paragraph
(g) of this section.
(e) For an affected source complying with requirements in Sec. Sec.
63.1253, 63.1257, and 63.1258, the terms used in this subpart and in
Sec. Sec.63.1253, 63.1257, and 63.1258 have the meaning given them in
Sec.63.1251, except as specified in Sec.63.8000(d)(7) and paragraph
(g) of this section.
(f) For an affected source complying with the requirements of Sec.
63.104, the terms used in this subpart and in Sec.63.104 have the
meaning given them in Sec.63.101, except as specified in Sec.
63.8000(d)(7) and paragraph (g) of this section.
(g) All other terms used in this subpart are defined in the CAA, in
40 CFR 63.2, and in this paragraph (g). If a term is defined in Sec.
63.2, Sec.63.981, Sec.63.1001, Sec.63.1020, Sec.63.1061, or
Sec.63.1251 and in this paragraph (g), the definition in this

[[Page 346]]

paragraph (g) applies for the purposes of this subpart.
Bulk loading means the loading, into a tank truck or rail car, of
liquid coating products that contain one or more of the organic HAP, as
defined in section 112 of the CAA, from a loading rack. A loading rack
is the system used to fill tank trucks and railcars at a single
geographic site.
Coating means a material such as paint, ink, or adhesive that is
intended to be applied to a substrate and consists of a mixture of
resins, pigments, solvents, and/or other additives, where the material
is produced by a manufacturing operation where materials are blended,
mixed, diluted, or otherwise formulated. Coating does not include
materials made in processes where a formulation component is synthesized
by chemical reaction or separation activity and then transferred to
another vessel where it is formulated to produce a material used as a
coating, where the synthesized or separated component is not stored
prior to formulation. Typically, coatings include products described by
the following North American Industry Classification System (NAICS)
codes, code 325510, Paint and Coating Manufacturing, code 325520,
Adhesive and Sealant Manufacturing, and code 325910, Ink Manufacturing.
Construction means the onsite fabrication, erection, or installation
of an affected source. Addition of new equipment to an affected source
does not constitute construction, but it may constitute reconstruction
of the affected source if it satisfies the definition of reconstruction
in Sec.63.2.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart including, but not limited to, any emission limit, operating
limit, or work practice standard;
(2) Fails to meet any term or condition that is adopted to implement
an applicable requirement in this subpart and that is included in the
operating permit for any affected source required to obtain such a
permit; or
(3) Fails to meet any emission limit, operating limit, or work
practice standard in this subpart during startup, shutdown, or
malfunction, regardless of whether or not such failure is permitted by
this subpart.
Enhanced biological treatment system means an aerated, thoroughly
mixed treatment unit(s) that contains biomass suspended in water
followed by a clarifier that removes biomass from the treated water and
recycles recovered biomass to the aeration unit. The mixed liquor
volatile suspended solids (biomass) is greater than 1 kilogram per cubic
meter throughout each aeration unit. The biomass is suspended and
aerated in the water of the aeration unit(s) either by submerged air
flow or mechanical agitation. A thoroughly mixed treatment unit is a
unit that is designed and operated to approach or achieve uniform
biomass distribution and organic compound concentration throughout the
aeration unit by quickly dispersing the recycled biomass and the
wastewater entering the unit.
Excess emissions means emissions greater than those allowed by the
emission limit.
Group 1a storage tank means a storage tank at an existing source
with a capacity greater than or equal to 20,000 gal storing material
that has a maximum true vapor pressure of total organic HAP greater than
or equal to 1.9 pounds per square inch, absolute (psia). Group 1a
storage tank also means a storage tank at a new source with either a
capacity greater than or equal to 25,000 gal storing material that has a
maximum true vapor pressure of total HAP greater than or equal to 0.1
psia or a capacity greater than or equal to 20,000 gal and less than
25,000 gal storing material that has a maximum true vapor pressure of
total HAP greater than or equal to 1.5 psia.
Group 1b storage tank means a storage tank at a new source that has
a capacity greater than or equal to 10,000 gal, stores material that has
a maximum true vapor pressure of total organic HAP greater than or equal
to 0.02 psia, and is not a Group 1a storage tank.
Group 2 storage tank means a storage tank that does not meet the
definition of a Group 1a or Group 1b storage tank.

[[Page 347]]

Group 1 transfer operations means all bulk loading of coating
products if the coatings contain greater than or equal to 3.0 million
gallons per year (gal/yr) of HAP with a weighted average HAP partial
pressure greater than or equal to 1.5 psia.
Group 2 transfer operations means bulk loading of coating products
that does not meet the definition of Group 1 transfer operations, and
all loading of coating products from a loading rack to other types of
containers such as cans, drums, and totes.
Group 1 wastewater stream means a wastewater stream that contains
total partially soluble and soluble HAP at an annual average
concentration greater than or equal to 4,000 parts per million by weight
(ppmw) and load greater than or equal to 750 pounds per year (lb/yr) at
an existing source or greater than or equal to 1,600 ppmw and any
partially soluble and soluble HAP load at a new source.
Group 2 wastewater stream means a wastewater stream that does not
meet the definition of a Group 1 wastewater stream.
Halogenated vent stream means a vent stream determined to contain
halogen atoms in organic compounds at a concentration greater than or
equal to 20 ppmv as determined by the procedures specified in Sec.
63.8000(b).
Hydrogen halide and halogen HAP means hydrogen chloride, chlorine,
and hydrogen fluoride.
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). The provisions of Sec.63.180(d) also specify how
to determine that a piece of equipment is not in organic HAP service.
Large control device means a control device that controls total HAP
emissions of greater than or equal to 10 tpy, before control.
Maximum true vapor pressure means the equilibrium partial pressure
exerted by the total organic HAP in the stored or transferred liquid at
the temperature equal to the highest calendar-month average of the
liquid storage or transfer temperature for liquids stored or transferred
above or below the ambient temperature or at the local maximum monthly
average temperature as reported by the National Weather Service for
liquids stored or transferred at the ambient temperature, as determined:
(1) In accordance with methods described in American Petroleum
Institute Publication 2517, Evaporative Loss From External Floating-Roof
Tanks (incorporated by reference as specified in Sec.63.14 of subpart
A of this part 63); or
(2) As obtained from standard reference texts; or
(3) As determined by the American Society for Testing and Materials
Method D2879-83 (incorporated by reference as specified in Sec.63.14
of subpart A of this part); or
(4) Any other method approved by the Administrator.
Partially soluble HAP means HAP listed in Table 7 of this subpart.
Point of determination (POD) means each point where process
wastewater exits the miscellaneous coating operations.

Note to definition for point of determination: The regulation allows
determination of the characteristics of a wastewater stream at the point
of determination or downstream of the point of determination if
corrections are made for changes in flow rate and annual average
concentration of partially soluble and soluble HAP compounds as
determined in Sec.63.144. Such changes include losses by air
emissions; reduction of annual average concentration or changes in flow
rate by mixing with other water or wastewater streams; and reduction in
flow rate or annual average concentration by treating or otherwise
handling the wastewater stream to remove or destroy HAP.

Process vessel means any stationary or portable tank or other vessel
with a capacity greater than or equal to 250 gal and in which mixing,
blending, diluting, dissolving, temporary holding, and other processing
steps occur in the manufacturing of a coating.
Process vessel vent means a vent from a process vessel or vents from
multiple process vessels that are manifolded together into a common
header, through which a HAP-containing gas stream is, or has the
potential to be, released to the atmosphere. Emission streams that are
undiluted and uncontrolled containing less than 50 ppmv HAP, as
determined through process knowledge

[[Page 348]]

that no HAP are present in the emission stream or using an engineering
assessment as discussed in Sec.63.1257(d)(2)(ii), test data using
Method 18 of 40 CFR part 60, appendix A, or any other test method that
has been validated according to the procedures in Method 301 of appendix
A of this part, are not considered process vessel vents. Flexible
elephant trunk systems when used with closed vent systems and drawing
ambient air (i.e., the system is not ducted, piped, or otherwise
connected to the unit operations) away from operators when vessels are
opened are not process vessel vents. Process vessel vents do not include
vents on storage tanks, wastewater emission sources, or pieces of
equipment subject to the requirements in Table 3 of this subpart. A gas
stream going to a fuel gas system is not a process vessel vent. A gas
stream routed to a process for a process purpose is not a process vessel
vent.
Recovery device, as used in the wastewater provisions, means an
individual unit of equipment used for the purpose of recovering
chemicals for fuel value (i.e., net positive heating value), use, reuse,
or for sale for fuel value, use, or reuse. Examples of equipment that
may be recovery devices include organic removal devices such as
decanters, strippers, or thin-film evaporation units. To be a recovery
device, a decanter and any other equipment based on the operating
principle of gravity separation must receive only multi-phase liquid
streams. A recovery device is considered part of the miscellaneous
coating manufacturing operations.
Responsible official means responsible official as defined in 40 CFR
70.2.
Safety device means a closure device such as a pressure relief
valve, frangible disc, fusible plug, or any other type of device which
functions exclusively to prevent physical damage or permanent
deformation to a unit or its air emission control equipment by venting
gases or vapors directly to the atmosphere during unsafe conditions
resulting from an unplanned, accidental, or emergency event. For the
purposes of this subpart, a safety device is not used for routine
venting of gases or vapors from the vapor headspace underneath a cover
such as during filling of the unit or to adjust the pressure in response
to normal daily diurnal ambient temperature fluctuations. A safety
device is designed to remain in a closed position during normal
operations and open only when the internal pressure, or another relevant
parameter, exceeds the device threshold setting applicable to the air
emission control equipment as determined by the owner or operator based
on manufacturer recommendations, applicable regulations, fire protection
and prevention codes and practices, or other requirements for the safe
handling of flammable, combustible, explosive, reactive, or hazardous
materials.
Shutdown means the cessation of operation of an affected source, any
process vessels within an affected source, or equipment required or used
to comply with this subpart if steps taken to cease operation differ
from those under routine procedures for removing the vessel or equipment
from service. Shutdown also applies to the emptying and degassing of
storage tanks.
Small control device means a control device that controls total HAP
emissions of less than 10 tpy, before control.
Soluble HAP means the HAP listed in Table 8 of this subpart.
Startup means the setting in operation of a new affected source. For
new equipment added to an affected source, including equipment required
or used to comply with this subpart, startup means the first time the
equipment is put into operation. Startup includes the setting in
operation of equipment any time the steps taken differ from routine
procedures for putting the equipment into operation.
Storage tank means a tank or other vessel that is used to store
organic liquids that contain one or more HAP as raw material feedstocks
or products. The following are not considered storage tanks for the
purposes of this subpart:
(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 storing organic liquids that contain HAP only as
impurities;

[[Page 349]]

(4) Wastewater storage tanks; and
(5) Process vessels.
Total organic compounds or (TOC) means the total gaseous organic
compounds (minus methane and ethane) in a vent stream.
Wastewater storage tank means a stationary structure that is
designed to contain an accumulation of wastewater and is constructed
primarily of nonearthen materials (e.g., wood, concrete, steel, plastic)
which provide structural support.
Wastewater stream means water that is discarded from miscellaneous
coating manufacturing operations through a POD, and that contains an
annual average concentration of total partially soluble and soluble HAP
compounds of at least 1,600 ppmw at any flow rate. For the purposes of
this subpart, noncontact cooling water is not considered a wastewater
stream.
Work practice standard means any design, equipment, work practice,
or operational standard, or combination thereof, that is promulgated
pursuant to section 112(h) of the Clean Air Act.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25682, May 13, 2005; 71
FR 58503, Oct. 4, 2006]

Sec. Table 1 to Subpart HHHHH of Part 63--Emission Limits and Work
Practice Standards for Process Vessels

As required in Sec.63.8005, you must meet each emission limit and
work practice standard in the following table that applies to your
process vessels.

------------------------------------------------------------------------
And you must . . .
For each . . . You must . . .
------------------------------------------------------------------------
1. Portable process vessel at an a. Equip the Nonapplicable.
existing source. vessel with a
cover or lid that
must be in place
at all times when
the vessel
contains a HAP,
except for
material
additions and
sampling.
------------------------------------------------------------------------
2. Stationary process vessel at a. Equip the i. Considering
an existing source. vessel with a both capture and
cover or lid that any combination
must be in place of control
at all times when (except a flare),
the vessel reduce emissions
contains a HAP, of organic HAP
except for with a vapor
material existing pressure
additions and =0.6
sampling; or kPa by =75 percent by
weight, and
reduce emissions
of organic HAP
with a vapor
pressure <0.6 kPa
by =60
percent by
weight.
b. Equip the i. Reduce
vessel with a emissions of
tightly fitting organic HAP with
vented cover or a vapor pressure
lid that must be =0.6
closed at all kPa by =75 percent by
vessel contains weight, and
HAP, except for reduce emissions
material of organic HAP
additions and with a vapor
sampling. pressure <0.6 kPa
by =60
percent by
weight, by
venting emissions
through a closed-
vent system to
any combination
of control
devices (except a
flare); or
ii. Reduce
emissions of
total organic HAP
by venting
emissions from a
non-halogenated
vent stream
through a closed-
vent system to a
flare; or
iii. Reduce
emissions of
total organic HAP
by venting
emissions through
a closed-vent
system to a
condenser that
reduces the
outlet gas
temperature to:
------------------------------------------------------------------------
<10 [deg]C if the
process vessel
contains HAP with
a partial
pressure <0.6
kPa, or
<2 [deg]C if the
process vessel
contains HAP with
a partial
pressure =0.6 kPa and
<17.2 kPa, or
<-5 [deg]C if the
process vessel
contains HAP with
a partial
pressure =17.2 kPa.

[[Page 350]]

3. Portable and stationary a. Equip the i. Reduce
process vessel at a new source. vessel with a emissions of
tightly fitting total organic HAP
vented cover or by =95
lid that must be percent by weight
closed at all by venting
times when the emissions through
vessel contains a closed-vent
HAP, except for system to any
material combination of
additions and control devices
sampling. (except a flare);
or
ii. Reduce
emissions of
total organic HAP
by venting
emissions from a
non-halogenated
vent stream
through a closed-
vent system to a
flare; or
iii. Reduce
emissions of
total organic HAP
by venting
emissions through
a closed-vent
system to a
condenser that
reduces the
outlet gas
temperature to:
<-4 [deg]C if the
process vessel
contains HAP with
a partial
pressure <0.7
kPa, or
------------------------------------------------------------------------
<-20 [deg]C if the
process vessel
contains HAP with
a partial
pressure =0.7 kPa and
<17.2 kPa, or
<-30 [deg]C if the
process vessel
contains HAP with
a partial
pressure =17.2 kPa.
4. Halogenated vent steam from a a. Use a halogen i. Reduce overall
process vessel subject to the reduction device emissions of
requirements of item 2 or 3 of after the hydrogen halide
this table for which you use a combustion and halogen HAP
combustion control device to control device; by =95
control organic HAP emissions. or percent; or
ii. Reduce overall
emissions of
hydrogen halide
and halogen HAP
to <=0.45
kilogram per hour
(kg/hr).
b. Use a halogen Reduce the halogen
reduction device atom mass
before the emission rate to
combustion <=0.45 kg/hr.
control device.
------------------------------------------------------------------------

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25682, May 13, 2005]

Sec. Table 2 to Subpart HHHHH of Part 63--Emission Limits for Storage
Tanks

As required in Sec.63.8010, you must meet each emission limit in
the following table that applies to your storage tanks.

------------------------------------------------------------------------
For each . . . Then you must . . .
------------------------------------------------------------------------
1. Group 1a storage tank..... a. Comply with the requirements of
subpart WW of this part, except as
specified in Sec. 63.8010(b); or
b. Reduce total organic HAP emissions
from the storage tank by =90
percent by weight by venting emissions
through a closed-vent system to any
combination of control devices
(excluding a flare); or
c. Reduce total organic HAP emissions
from the storage tank by venting
emissions from a non-halogenated vent
stream through a closed-vent system to a
flare.
------------------------------------------------------------------------
2. Group 1b storage tank..... a. Comply with the requirements of
subpart WW of this part, except as
specified in Sec. 63.8010(b); or
b. Reduce total organic HAP emissions
from the storage tank by =80
percent by weight by venting emissions
through a closed-vent system to any
combination of control devices
(excluding a flare); or
c. Reduce total organic HAP emissions
from the storage tank by venting
emissions from a non-halogenated vent
stream through a closed-vent system to a
flare.
------------------------------------------------------------------------

Sec. Table 3 to Subpart HHHHH of Part 63--Requirements for Equipment
Leaks

As required in Sec.63.8015, you must meet each requirement in the
following table that applies to your equipment leaks.

------------------------------------------------------------------------
For all . . . You must . . .
------------------------------------------------------------------------
1. Equipment that is in a. Comply with the requirements in Sec.
organic HAP service at an Sec. 63.424(a) through (d) and
existing source. 63.428(e), (f), and (h)(4), except as
specified in Sec. 63.8015(b); or
b. Comply with the requirements of
subpart TT of this part; or
c. Comply with the requirements of
subpart UU of this part, except as
specified in Sec. 63.8015(c) and (d).
------------------------------------------------------------------------
2. Equipment that is in a. Comply with the requirements of
organic HAP service at a new subpart TT of this part; or
source. b. Comply with the requirements of
subpart UU of this part, except as
specified in Sec. 63.8015(c) and (d).
------------------------------------------------------------------------

[[Page 351]]

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69021, Nov. 29, 2006]

Sec. Table 4 to Subpart HHHHH of Part 63--Emission Limits and Work
Practice Standards for Wastewater Streams

As required in Sec.63.8020, you must meet each emission limit and
work practice standard in the following table that applies to your
wastewater streams.

------------------------------------------------------------------------
For each . . . You must . . .
------------------------------------------------------------------------
1. Wastewater tank used to Maintain a fixed roof, which may have
store a Group 1 wastewater openings necessary for proper venting of
stream. the tank, such as pressure/vacuum vent
or j-pipe vent.
------------------------------------------------------------------------
2. Group 1 wastewater stream. a. Convey using hard-piping and treat the
wastewater as a hazardous waste in
accordance with 40 CFR part 264, 265, or
266 either onsite or offsite; or
b. If the wastewater contains <50 ppmw of
partially soluble HAP, you may elect to
treat the wastewater in an enhanced
biological treatment system that is
located either onsite or offsite.
------------------------------------------------------------------------

Sec. Table 5 to Subpart HHHHH of Part 63--Emission Limits and Work
Practice Standards for Transfer Operations

As required in Sec.63.8025, you must meet each emission limit and
work practice standard in the following table that applies to your
transfer operations.

------------------------------------------------------------------------
For each . . . You must. . . .
------------------------------------------------------------------------
1. Group 1 transfer operation a. Reduce emissions of total organic HAP
vent stream. by =75 percent by weight by
venting emissions through a closed-vent
system to any combination of control
devices (except a flare); or
b. Reduce emissions of total organic HAP
by venting emissions from a non-
halogenated vent stream through a closed-
vent system to a flare; or
c. Use a vapor balancing system designed
and operated to collect organic HAP
vapors displaced from tank trucks and
railcars during loading and route the
collected HAP vapors to the storage tank
from which the liquid being loaded
originated or to another storage tank
connected by a common header.
------------------------------------------------------------------------
2. Halogenated Group 1 a. Use a halogen reduction device after
transfer operation vent the combustion device to reduce
stream for which you use a emissions of hydrogen halide and halogen
combustion device to control HAP by =95 percent by weight
organic HAP emissions. or to <=0.45 kg/hr; or
b. Use a halogen reduction device before
the combustion device to reduce the
halogen atom mass emission rate to
<=0.45 kg/hr.
------------------------------------------------------------------------

Sec. Table 6 to Subpart HHHHH of Part 63--Requirements for Heat Exchange
Systems

As required in Sec.63.8030, you must meet each requirement in the
following table that applies to your heat exchange systems.

------------------------------------------------------------------------
For each . . . You must . . .
------------------------------------------------------------------------
Heat exchange system, as Comply with the requirements in Sec.
defined in Sec. 63.101. 63.104, except as specified in Sec.
63.8030.
------------------------------------------------------------------------

Sec. Table 7 to Subpart HHHHH of Part 63--Partially Soluble Hazardous
Air Pollutants

As specified in Sec.63.8020, the partially soluble HAP in
wastewater that are subject to management and treatment requirements in
this subpart are listed in the following table:

------------------------------------------------------------------------
Chemical name . . . CAS No.
------------------------------------------------------------------------
1. 1,1,1-Trichloroethane (methyl chloroform)............... 71556
2. 1,1,2,2-Tetrachloroethane............................... 79345
3. 1,1,2-Trichloroethane................................... 79005
4. 1,1-Dichloroethylene (vinylidene chloride).............. 75354
5. 1,2-Dibromoethane....................................... 106934
6. 1,2-Dichloroethane (ethylene dichloride)................ 107062
7. 1,2-Dichloropropane..................................... 78875
8. 1,3-Dichloropropene..................................... 542756
9. 2,4,5-Trichlorophenol................................... 95954
10. 2-Butanone (MEK)....................................... 78933

[[Page 352]]

11. 1,4-Dichlorobenzene.................................... 106467
12. 2-Nitropropane......................................... 79469
13. 4-Methyl-2-pentanone (MIBK)............................ 108101
14. Acetaldehyde........................................... 75070
15. Acrolein............................................... 107028
16. Acrylonitrile.......................................... 107131
17. Allyl chloride......................................... 107051
18. Benzene................................................ 71432
19. Benzyl chloride........................................ 100447
20. Biphenyl............................................... 92524
21. Bromoform (tribromomethane)............................ 75252
22. Bromomethane........................................... 74839
23. Butadiene.............................................. 106990
24. Carbon disulfide....................................... 75150
25. Chlorobenzene.......................................... 108907
26. Chloroethane (ethyl chloride).......................... 75003
27. Chloroform............................................. 67663
28. Chloromethane.......................................... 74873
29. Chloroprene............................................ 126998
30. Cumene................................................. 98828
31. Dichloroethyl ether.................................... 111444
32. Dinitrophenol.......................................... 51285
33. Epichlorohydrin........................................ 106898
34. Ethyl acrylate......................................... 140885
35. Ethylbenzene........................................... 100414
36. Ethylene oxide......................................... 75218
37. Ethylidene dichloride.................................. 75343
38. Hexachlorobenzene...................................... 118741
39. Hexachlorobutadiene.................................... 87683
40. Hexachloroethane....................................... 67721
41. Methyl methacrylate.................................... 80626
42. Methyl-t-butyl ether................................... 1634044
43. Methylene chloride..................................... 75092
44. N-hexane............................................... 110543
45. N,N-dimethylaniline.................................... 121697
46. Naphthalene............................................ 91203
47. Phosgene............................................... 75445
48. Propionaldehyde........................................ 123386
49. Propylene oxide........................................ 75569
50. Styrene................................................ 100425
51. Tetrachloroethylene (perchloroethylene)................ 127184
52. Tetrachloromethane (carbon tetrachloride).............. 56235
53. Toluene................................................ 108883
54. Trichlorobenzene (1,2,4-).............................. 120821
55. Trichloroethylene...................................... 79016
56. Trimethylpentane....................................... 540841
57. Vinyl acetate.......................................... 108054
58. Vinyl chloride......................................... 75014
59. Xylene (m)............................................. 108383
60. Xylene (o)............................................. 95476
61. Xylene (p)............................................. 106423
------------------------------------------------------------------------

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25683, May 13, 2005]

Sec. Table 8 to Subpart FFFF of Part 63--Soluble Hazardous Air
Pollutants

As specified in Sec.63.8020, the soluble HAP in wastewater that
are subject to management and treatment requirements of this subpart are
listed in the following table:

------------------------------------------------------------------------
Chemical name . . . CAS No.
------------------------------------------------------------------------
1. Acetonitrile............................................ 75058
2. Acetophenone............................................ 98862
3. Diethyl sulfate......................................... 64675
4. Dimethyl hydrazine (1,1)................................ 57147
5. Dimethyl sulfate........................................ 77781
6. Dinitrotoluene (2,4).................................... 121142
7. Dioxane (1,4)........................................... 123911
8. Ethylene glycol dimethyl ether.......................... 110714
9. Ethylene glycol monobutyl ether acetate................. 112072
10. Ethylene glycol monomethyl ether acetate............... 110496
11. Isophorone............................................. 78591
12. Methanol............................................... 67561

[[Page 353]]

13. Nitrobenzene........................................... 98953
14. Toluidine (o-)......................................... 95534
15. Triethylamine.......................................... 121448
------------------------------------------------------------------------

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25683, May 13, 2005]

Sec. Table 9 to Subpart HHHHH of Part 63--Requirements for Reports

As required in Sec.63.8075(a) and (b), you must submit each report
that applies to you on the schedule shown in the following table:

------------------------------------------------------------------------
The report must You must submit
You must submit a . . . contain . . . the report . . .
------------------------------------------------------------------------
1. Precompliance report......... The information At least 6 months
specified in Sec. prior to the
63.8075(c). compliance date;
or for new
sources, with the
application for
approval of
construction or
reconstruction.
------------------------------------------------------------------------
2. Notification of compliance The information No later than 150
status report. specified in Sec. days after the
63.8075(d). compliance date
specified in Sec.
63.7995.
------------------------------------------------------------------------
3. Compliance report............ The information Semiannually
specified in Sec. according to the
63.8075(e). requirements in
Sec.
63.8075(b).
------------------------------------------------------------------------

Sec. Table 10 to Subpart HHHHH of Part 63--Applicability of General
Provisions to Subpart HHHHH

As specified in Sec.63.8095, the parts of the General Provisions
that apply to you are shown in the following table:

----------------------------------------------------------------------------------------------------------------
Citation Subject Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1............................. Applicability.............. Yes.
Sec. 63.2............................. Definitions................ Yes.
Sec. 63.3............................. Units and Abbreviations.... Yes.
Sec. 63.4............................. Prohibited Activities...... Yes.
Sec. 63.5............................. Construction/Reconstruction Yes.
Sec. 63.6(a).......................... Applicability.............. Yes.
Sec. 63.6(b)(1)-(4)................... Compliance Dates for New Yes.
and Reconstructed sources.
Sec. 63.6(b)(5)....................... Notification............... Yes.
Sec. 63.6(b)(6)....................... [Reserved].................
Sec. 63.6(b)(7)....................... Compliance Dates for New Yes.
and Reconstructed Area
Sources That Become Major.
Sec. 63.6(c)(1)-(2)................... Compliance Dates for Yes.
Existing Sources.
Sec. 63.6(c)(3)-(4)................... [Reserved].................
Sec. 63.6(c)(5)....................... Compliance Dates for Yes.
Existing Area Sources That
Become Major.
Sec. 63.6(d).......................... [Reserved].................
Sec. 63.6(e)(1)-(2)................... Operation & Maintenance.... Yes.
Sec. 63.6(e)(3)(i), (ii), and (v) SSMP....................... Yes, except information regarding Group 2
through (viii). emission points and equipment leaks is
not required in the SSMP, as specified
in Sec. 63.8080(f).
Sec. 63.6(e)(3)(iii) and (iv)......... Recordkeeping and Reporting No, Sec.Sec. 63.998(d)(3) and
During Startup, Shutdown, 63.998(c)(1)(ii)(D) through (G) specify
and Malfunction (SSM). the recordkeeping requirement for SSM
events, and Sec. 63.8075(e)(5)
specifies reporting requirements.
Sec. 63.6(e)(3)(ix)................... Title V permit............. Yes.
Sec. 63.6(f)(1)....................... Compliance Except During Yes.
SSM.
Sec. 63.6(f)(2)-(3)................... Methods for Determining Yes.
Compliance.
Sec. 63.6(g)(1)-(3)................... Alternative Standard....... Yes.
Sec. 63.6(h).......................... Opacity/Visible Emission Only for flares for which Method 22
(VE) Standards. observations are required as part of a
flare compliance assessment.
Sec. 63.6(i)(1)-(14).................. Compliance Extension....... Yes.
Sec. 63.6(j).......................... Presidential Compliance Yes.
Exemption.
Sec. 63.7(a)(1)-(2)................... Performance Test Dates..... Yes, except substitute 150 days for 180
days.

[[Page 354]]

Sec. 63.7(a)(3)....................... CAA Section 114 Authority.. Yes, and this paragraph also applies to
flare compliance assessments as
specified under Sec. 63.997(b)(2).
Sec. 63.7(b)(1)....................... Notification of Performance Yes.
Test.
Sec. 63.7(b)(2)....................... Notification of Yes.
Rescheduling.
Sec. 63.7(c).......................... Quality Assurance/Test Plan Yes, except the test plan must be
submitted with the notification of the
performance test if the control device
controls process vessels.
Sec. 63.7(d).......................... Testing Facilities......... Yes.
Sec. 63.7(e)(1)....................... Conditions for Conducting Yes, except that performance tests for
Performance Tests. process vessels must be conducted under
worst-case conditions as specified in
Sec. 63.8005.
Sec. 63.7(e)(2)....................... Conditions for Conducting Yes.
Performance Tests.
Sec. 63.7(e)(3)....................... Test Run Duration.......... Yes.
Sec. 63.7(f).......................... Alternative Test Method.... Yes.
Sec. 63.7(g).......................... Performance Test Data Yes.
Analysis.
Sec. 63.7(h).......................... Waiver of Tests............ Yes.
Sec. 63.8(a)(1)....................... Applicability of Monitoring Yes.
Requirements.
Sec. 63.8(a)(2)....................... Performance Specifications. Yes.
Sec. 63.8(a)(3)....................... [Reserved].................
Sec. 63.8(a)(4)....................... Monitoring with Flares..... Yes.
Sec. 63.8(b)(1)....................... Monitoring................. Yes.
Sec. 63.8(b)(2)-(3)................... Multiple Effluents and Yes.
Multiple Monitoring
Systems.
Sec. 63.8(c)(1)....................... Monitoring System Operation Yes.
and Maintenance.
Sec. 63.8(c)(1)(i).................... Maintain and operate CMS... Yes.
Sec. 63.8(c)(1)(ii)................... Routine repairs............ Yes.
Sec. 63.8(c)(1)(iii).................. SSMP for CMS............... Yes.
Sec. 63.8(c)(2)-(3)................... Monitoring System Yes.
Installation.
Sec. 63.8(c)(4)....................... Requirements............... Only for CEMS; requirements for CPMS are
specified in referenced subpart SS of 40
CFR part 63. This subpart does not
contain requirements for continuous
opacity monitoring systems (COMS).
Sec. 63.8(c)(4)(i).................... CMS Requirements........... No. This subpart does not require COMS.
Sec. 63.8(c)(4)(ii)................... CMS requirements........... Yes.
Sec. 63.8(c)(5)....................... COMS Minimum Procedures.... No. This subpart does not contain opacity
or VE limits.
Sec. 63.8(c)(6)....................... CMS Requirements........... Only for CEMS; requirements for CPMS are
specified in referenced subpart SS of 40
CFR part 63.
Sec. 63.8(c)(7)-(8)................... CMS Requirements........... Only for CEMS. Requirements for CPMS are
specified in referenced subpart SS of 40
CFR part 63.
Sec. 63.8(d).......................... CMS Quality Control........ Only for CEMS; requirements for CPMS are
specified in referenced subpart SS of 40
CFR part 63.
Sec. 63.8(e).......................... CMS Performance Evaluation. Section 63.8(e)(6)(ii) does not apply
because this subpart does not require
COMS. Other sections apply only for
CEMS; requirements for CPMS are
specified in referenced subpart SS of 40
CFR part 63.
Sec. 63.8(f)(1)-(5)................... Alternative Monitoring Yes, except you may also request approval
Method. using the precompliance report.
Sec. 63.8(f)(6)....................... Alternative to Relative Only for CEMS.
Accuracy Test.
Sec. 63.8(g)(1)-(4)................... Data Reduction............. Only when using CEMS, except Sec.
63.8(g)(2) does not apply because data
reduction requirements for CEMS are
specified in Sec. 63.8000(d)(4)(iv).
The requirements for COMS do not apply
because this subpart has no opacity or
VE limits.
Sec. 63.8(g)(5)....................... Data Reduction............. No. Requirements for CEMS are specified
in Sec. 63.8000(d)(4).
Requirements for CPMS are specified in
referenced subpart SS of 40 CFR part 63.
Sec. 63.9(a).......................... Notification Requirements.. Yes.
Sec. 63.9(b)(1)-(5)................... Initial Notifications...... Yes.
Sec. 63.9(c).......................... Request for Compliance Yes.
Extension.
Sec. 63.9(d).......................... Notification of Special Yes.
Compliance Requirements
for New Source.
Sec. 63.9(e).......................... Notification of Performance Yes.
Test.
Sec. 63.9(f).......................... Notification of VE/Opacity No. This subpart does not contain opacity
Test. or VE limits.
Sec. 63.9(g).......................... Additional Notifications Only for CEMS; requirements for CPMS are
When Using CMS. specified in referenced subpart SS of 40
CFR part 63.

[[Page 355]]

Sec. 63.9(h)(1)-(6)................... Notification of Compliance Yes, except this subpart has no opacity
Status. or VE limits, and Sec. 63.9(h)(2) does
not apply because Sec. 63.8075(d)
specifies the required contents and due
date of the notification of compliance
status report.
Sec. 63.9(i).......................... Adjustment of Submittal Yes.
Deadlines.
Sec. 63.9(j).......................... Change in Previous No, Sec. 63.8075(e)(8) specifies
Information. reporting requirements for process
changes.
Sec. 63.10(a)......................... Recordkeeping/Reporting.... Yes.
Sec. 63.10(b)(1)...................... Recordkeeping/Reporting.... Yes.
Sec. 63.10(b)(2)(i)-(iv).............. Records related to SSM..... No, Sec.Sec. 63.998(d)(3) and
63.998(c)(1)(ii)(D) through (G) specify
recordkeeping requirements for periods
of SSM.
Sec. 63.10(b)(2)(iii)................. Records related to Yes.
maintenance of air
pollution control
equipment.
Sec. 63.10(b)(2)(vi), (x), and (xi)... CMS Records................ Only for CEMS; requirements for CPMS are
specified in referenced subpart SS of 40
CFR part 63.
Sec. 63.10(b)(2)(vii)-(ix)............ Records.................... Yes.
Sec. 63.10(b)(2)(xii)................. Records.................... Yes.
Sec. 63.10(b)(2)(xiii)................ Records.................... Yes.
Sec. 63.10(b)(2)(xiv)................. Records.................... Yes.
Sec. 63.10(b)(3)...................... Records.................... Yes.
Sec. 63.10(c)(1)-(6),(9)-(15)......... Records.................... Only for CEMS; requirements for CPMS are
specified in referenced subpart SS of 40
CFR part 63.
Sec. 63.10(c)(7)-(8).................. Records.................... No. Recordkeeping requirements are
specified in Sec. 63.8080.
Sec. 63.10(d)(1)...................... General Reporting Yes.
Requirements.
Sec. 63.10(d)(2)...................... Report of Performance Test Yes.
Results.
Sec. 63.10(d)(3)...................... Reporting Opacity or VE No. This subpart does not contain opacity
Observations. or VE limits.
Sec. 63.10(d)(4)...................... Progress Reports........... Yes.
Sec. 63.10(d)(5)(i)................... SSM Reports................ No, Sec. 63.8075(e)(5) and (6) specify
the SSM reporting requirements.
Sec. 63.10(d)(5)(ii).................. Immediate SSM reports...... No.
Sec. 63.10(e)(1)-(2).................. Additional CMS Reports..... Only for CEMS, but Sec. 63.10(e)(2)(ii)
does not apply because this subpart does
not require COMS.
Sec. 63.10(e)(3)...................... Reports.................... No. Reporting requirements are specified
in Sec. 63.8075.
Sec. 63.10(e)(3)(i)-(iii)............. Reports.................... No. Reporting requirements are specified
in Sec. 63.8075.
Sec. 63.10(e)(3)(iv)-(v).............. Excess Emissions Reports... No. Reporting requirements are specified
in Sec. 63.8075.
Sec. 63.10(e)(3)(vi-viii)............. Excess Emissions Report and No. Reporting requirements are specified
Summary Report. in Sec. 63.8075.
Sec. 63.10(e)(4)...................... Reporting COMS data........ No. This subpart does not contain opacity
or VE limits.
Sec. 63.10(f)......................... Waiver for Recordkeeping/ Yes.
Reporting.
Sec. 63.11............................ Control and work practice Yes
requirements.
Sec. 63.12............................ Delegation................. Yes.
Sec. 63.13............................ Addresses.................. Yes.
Sec. 63.14............................ Incorporation by Reference. Yes.
Sec. 63.15............................ Availability of Information Yes.
----------------------------------------------------------------------------------------------------------------

[68 FR 69185, Dec. 11, 2003, as amended at 71 FR 20468, Apr. 20, 2006;
73 FR 78216, Dec. 22, 2008]

Subpart IIIII_National Emission Standards for Hazardous Air Pollutants:
Mercury Emissions From Mercury Cell Chlor-Alkali Plants

Source: 68 FR 70928, Dec. 19, 2003, unless otherwise noted.

What This Subpart Covers

Sec.63.8180 What is the purpose of this subpart?

This subpart establishes national emission standards for hazardous
air pollutants (NESHAP) for affected sources of mercury emissions at
mercury cell chlor-alkali plants. This subpart also establishes
requirements to demonstrate initial and continuous compliance with all
applicable emission limitations and work practice standards in this
subpart.

[[Page 356]]

Sec.63.8182 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a mercury
cell chlor-alkali plant.
(b) You are required to obtain a title V permit, whether your
affected source is a part of a major source of hazardous air pollutant
(HAP) emissions or a part of an area source of HAP emissions. A major
source of HAP is a source that emits or has the potential to emit any
single HAP at a rate of 10 tons or more per year or any combination of
HAP at a rate of 25 tons or more per year. An area source of HAP is a
source that has the potential to emit HAP but is not a major source.
Nothing in this subpart revises how affected sources are aggregated for
purposes of determining whether an affected source is a part of an area,
nonmajor, or major source under any provisions of the Clean Air Act
(CAA) or EPA's regulations. For information on aggregating affected
sources to determine what is a source under title V, see the definition
of major source in 40 CFR 70.2, 71.2 and 63.2.
(c) Beginning on December 19, 2006, the provisions of subpart E of
40 CFR part 61 that apply to mercury chlor-alkali plants, which are
listed in paragraphs (c)(1) through (3) of this section, are no longer
applicable.
(1) Sec.61.52(a);
(2) Sec.61.53(b) and (c); and
(3) Sec.61.55(b), (c) and (d).

Sec.63.8184 What parts of my plant does this subpart cover?

(a) This subpart applies to each affected source at a plant site
where chlorine and caustic are produced in mercury cells. This subpart
applies to two types of affected sources: the mercury cell chlor-alkali
production facility, as defined in paragraph (a)(1) of this section; and
the mercury recovery facility, as defined in paragraph (a)(2) of this
section.
(1) The mercury cell chlor-alkali production facility designates an
affected source consisting of all cell rooms and ancillary operations
used in the manufacture of product chlorine, product caustic, and by-
product hydrogen at a plant site. This subpart covers mercury emissions
from by-product hydrogen streams, end box ventilation system vents, and
fugitive emission sources associated with cell rooms, hydrogen systems,
caustic systems, and storage areas for mercury-containing wastes.
(2) The mercury recovery facility designates an affected source
consisting of all processes and associated operations needed for mercury
recovery from wastes at a plant site. This subpart covers mercury
emissions from mercury thermal recovery unit vents and fugitive emission
sources associated with storage areas for mercury-containing wastes.
(b) An affected source at your mercury cell chlor-alkali plant is
existing if you commenced construction of the affected source before
July 3, 2002.
(c) A mercury recovery facility is a new affected source if you
commence construction or reconstruction of the affected source after
July 3, 2002. An affected source is reconstructed if it meets the
definition of ``reconstruction'' in Sec.63.2.

Sec.63.8186 When do I have to comply with this subpart?

(a) If you have an existing affected source, you must comply with
each emission limitation, work practice standard, and recordkeeping and
reporting requirement in this subpart that applies to you no later than
December 19, 2006.
(b) If you have a new or reconstructed mercury recovery facility and
its initial startup date is on or before December 19, 2003, you must
comply with each emission limitation, work practice standard, and
recordkeeping and reporting requirement in this subpart that applies to
you by December 19, 2003.
(c) If you have a new or reconstructed mercury recovery facility and
its initial startup date is after December 19, 2003, you must comply
with each emission limitation, work practice standard, and recordkeeping
and reporting requirement in this subpart that applies to you upon
initial startup.
(d) You must meet the notification and schedule requirements in
Sec.63.8252. Several of these notifications must be submitted before
the compliance date for your affected source(s).

[[Page 357]]

Emission Limitations and Work Practice Standards

Sec.63.8190 What emission limitations must I meet?

(a) Emission limits. You must meet each emission limit in paragraphs
(a)(1) through (3) of this section that applies to you.
(1) New or reconstructed mercury cell chlor-alkali production
facility. Emissions of mercury are prohibited from a new or
reconstructed mercury cell chlor-alkali production facility.
(2) Existing mercury cell chlor-alkali production facility. During
any consecutive 52-week period, you must not discharge to the atmosphere
total mercury emissions in excess of the applicable limit in paragraph
(a)(2)(i) or (ii) of this section calculated using the procedures in
Sec.63.8243(a).
(i) 0.076 grams of mercury per megagram of chlorine produced (1.5 x
10^-4 pounds of mercury per ton of chlorine produced) from all
by-product hydrogen streams and all end box ventilation system vents
when both types of emission points are present.
(ii) 0.033 grams of mercury per megagram of chlorine produced (6.59
x 10^-5 pounds of mercury per ton of chlorine produced) from
all by-product hydrogen streams when end box ventilation systems are not
present.
(3) New, reconstructed, or existing mercury recovery facility. You
must not discharge to the atmosphere mercury emissions in excess of the
applicable limit in paragraph (a)(3)(i) or (ii) of this section.
(i) 23 milligrams per dry standard cubic meter from each oven type
mercury thermal recovery unit vent.
(ii) 4 milligrams per dry standard cubic meter from each non-oven
type mercury thermal recovery unit vent.
(b) [Reserved]

Sec.63.8192 What work practice standards must I meet?

You must meet the work practice requirements specified in paragraphs
(a) through (f) of this section. As an alternative to the requirements
specified in paragraphs (a) through (d) of this section, you may choose
to comply with paragraph (g) of this section.
(a) You must meet the work practice standards in Tables 1 through 4
to this subpart, except as specified in paragraph (g) of this section.
(b) You must adhere to the response intervals specified in Tables 1
through 4 to this subpart at all times. Nonadherence to the intervals in
Tables 1 through 4 to this subpart constitutes a deviation and must be
documented and reported in the compliance report, as required by Sec.
63.8254(b), with the date and time of the deviation, cause of the
deviation, a description of the conditions, and time actual compliance
was achieved.
(c) As provided in Sec.63.6(g), you may request to use an
alternative to the work practice standards in Tables 1 through 4 to this
subpart.
(d) You must institute a floor-level mercury vapor measurement
program to limit the amount of mercury vapor in the cell room
environment through periodic measurement of mercury vapor levels and
actions to be taken when a floor-level mercury concentration action
level is exceeded. The program must meet the requirements listed in
paragraphs (d)(1) through (4) of this section. As specified in Sec.
63.8252(e)(1)(i) to implement this program, you must prepare and submit
to the Administrator a floor-level mercury vapor measurement plan which
must contain the elements listed in Table 5 to this subpart.
(1) You must utilize a mercury measurement device described in of
Table 6 to this subpart to measure the level of mercury vapor in the
cell room at floor-level.
(2) You must conduct at least one floor-level mercury vapor
measurement evaluation each half day. This evaluation must include three
measurements of the mercury concentration at locations representative of
the entire cell room floor area. The average of these measurements must
be recorded as specified in Sec.63.8156(c)(1). At a minimum, you must
measure the level of mercury vapor above mercury-containing cell room
equipment, as well as areas around the cells, decomposers, or other
mercury-containing equipment.
(3) You must establish a floor-level mercury concentration action
level

[[Page 358]]

that is no higher than 0.05 milligrams per cubic meter (mg/m\3\).
(4) If a mercury concentration greater than the action level is
measured during any floor-level mercury vapor measurement evaluation,
you must meet the requirements in either paragraph (d)(4)(i) or (ii) of
this section.
(i) If you determine that the cause of the elevated mercury
concentration is an open electrolyzer, decomposer, or other maintenance
activity, you must record the information specified in paragraphs
(d)(4)(i)(A) through (C) of this section.
(A) A description of the maintenance activity resulting in elevated
mercury concentration;
(B) The time the maintenance activity was initiated and completed;
and
(C) A detailed explanation how all the applicable requirements of
Table 1 to this subpart were met during the maintenance activity.
(ii) If you determine that the cause of the elevated mercury
concentration is not an open electrolyzer, decomposer, or other
maintenance activity, you must follow the procedures specified in
paragraphs (d)(4)(ii)(A) and (B) of this section until the floor-level
mercury concentration falls below the floor-level mercury concentration
action level. You must also keep all the associated records for these
procedures as specified in Table 9 to this subpart.
(A) Within 1 hour of the time the floor-level mercury concentration
action level was exceeded, you must conduct each inspection specified in
Table 2 to this subpart in the area where the concentration higher than
the floor-level mercury concentration action level was measured, with
the exception of the cell room floor and the pillars and beam
inspections. (B) You must also inspect all decomposers, hydrogen system
piping up to the hydrogen header, and other potential locations of
mercury vapor leaks in the area using a technique specified in Table 6
to this subpart. You must correct any problem identified during these
inspections according to the requirements in Tables 2 and 3 to this
subpart.
(e) You must prepare, submit, and operate according to a written
washdown plan designed to minimize fugitive mercury emissions through
routine washing of surfaces where liquid mercury could accumulate. The
written plan must address the elements contained in Table 7 to this
subpart.
(f) You must keep records of the mass of all virgin mercury added to
cells on an annual basis.
(g) As an alternative to the work practice standards in paragraphs
(a) through (d) of this section, you may institute a cell room
monitoring program to continuously monitor the mercury vapor
concentration in the upper portion of each cell room and to take
corrective actions as quickly as possible when elevated mercury vapor
levels are detected. As specified in Sec.63.8252(e)(1)(iv), if you
choose this option, you must prepare and submit to the Administrator, a
cell room monitoring plan containing the elements listed in Table 5 to
this subpart and meet the requirements in paragraphs (g)(1) through (4)
of this section.
(1) You must utilize mercury monitoring systems that meet the
requirements of Table 8 to this subpart.
(2) You must establish an action level according to the requirements
in paragraphs (g)(2)(i) through (iii) of this section.
(i) Beginning on the compliance date specified for your affected
source in Sec.63.8186, measure and record the mercury concentration
for at least 30 days using a system that meets the requirements of
paragraph (g)(1) of this section.
(ii) Using the monitoring data collected according to paragraph
(g)(1)(i) of this section, establish your action level at the 75th
percentile of the data set.
(iii) Submit your action level as part of your Notification of
Compliance Status report according to Sec.63.8252(e)(1).
(3) Beginning on the compliance date specified for your affected
source in Sec.63.8186, you must continuously monitor the mercury
concentration in the cell room. Failure to monitor and record the data
according to Sec.63.8256(c) (4)(ii) for 75 percent of the time in any
6-month period constitutes a deviation.
(4) If the average mercury concentration for any 1-hour period
exceeds the action level established according to paragraph (g)(2) of
this section, you

[[Page 359]]

must meet the requirements in either paragraph (g)(4)(i) or (ii) of this
section.
(i) If you determine that the cause of the elevated mercury
concentration is an open electrolyzer, decomposer, or other maintenance
activity, you must record the information specified in paragraphs
(g)(4)(i)(A) through (C) of this section.
(A) A description of the maintenance activity resulting in elevated
mercury concentration;
(B) The time the maintenance activity was initiated and completed;
and
(C) A detailed explanation how all the applicable requirements of
Table 1 to this subpart were met during the maintenance activity.
(ii) If you determine that the cause of the elevated mercury
concentration is not an open electrolyzer, decomposer, or other
maintenance activity, you must follow the procedures specified in
paragraphs (g)(4)(ii)(A) and (B) of this section until the mercury
concentration falls below the action level. You must also keep all the
associated records for these procedures as specified in Table 9 to this
subpart.
(A) Within 1 hour of the time the action level was exceeded, you
must conduct each inspection specified in Table 2 to this subpart, with
the exception of the cell room floor and the pillars and beam
inspections. You must correct any problem identified during these
inspections in accordance with the requirements in Table 2 and 3 to this
subpart.
(B) If the Table 2 inspections and subsequent corrective actions do
not reduce the mercury concentration below the action level, you must
inspect all decomposers, hydrogen system piping up to the hydrogen
header, and other potential locations of mercury vapor leaks using a
technique specified in Table 6 to this subpart. If a mercury vapor leak
is identified, you must take the appropriate action specified in Table 3
to this subpart.

Operation and Maintenance Requirements

Sec.63.8222 What are my operation and maintenance requirements?

As required by Sec.63.6(e)(1)(i), you must always operate and
maintain your affected source(s), including air pollution control and
monitoring equipment, in a manner consistent with safety and good air
pollution control practices for minimizing emissions.

General Compliance Requirements

Sec.63.8226 What are my general requirements for complying
with this subpart?

(a) You must be in compliance with the applicable emission
limitations for by-product hydrogen streams, end box ventilation system
vents, and mercury thermal recovery unit vents in Sec.63.8190 at all
times, except during periods of startup, shutdown, and malfunction. You
must be in compliance with the applicable work practice standards in
Sec.63.8192 at all times, except during periods of startup, shutdown,
and malfunction.
(b) You must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec.63.6(e)(3).

[68 FR 70928, Dec. 19, 2003, as amended at 71 FR 20469, Apr. 20, 2006]

Initial Compliance Requirements

Sec.63.8230 By what date must I conduct performance tests or other
initial compliance demonstrations?

(a) You must conduct a performance test no later than the compliance
date that is specified in Sec.63.8186 for your affected source to
demonstrate initial compliance with the applicable emission limit in
Sec.63.8190(a)(2) for by-product hydrogen streams and end box
ventilation system vents and the applicable emission limit in Sec.
63.8190(a)(3) for mercury thermal recovery unit vents.
(b) For the applicable work practice standards in Sec.63.8192, you
must demonstrate initial compliance within 30 calendar days after the
compliance date that is specified for your affected source in Sec.
63.8186.

[[Page 360]]

Sec.63.8232 What test methods and other procedures must I use to
demonstrate initial compliance with the emission limits?

You must conduct a performance test for each by-product hydrogen
stream, end box ventilation system vent, and mercury thermal recovery
unit vent according to the requirements in Sec.63.7(e)(1) and the
conditions detailed in paragraphs (a) through (d) of this section.
(a) You may not conduct performance tests during periods of startup,
shutdown, or malfunction, as specified in Sec.63.7(e)(1).
(b) For each performance test, you must develop a site-specific test
plan in accordance with Sec.63.7(c)(2).
(c) You must conduct at least three test runs to comprise a
performance test, as specified in Sec.63.7(e)(3) and in either
paragraph (c)(1) or (2) of this section.
(1) The sampling time and sampling volume for each run must be at
least 2 hours and 1.70 dry standard cubic meters (dscm). Mercury results
below the analytical laboratory's detection limit must be reported using
the reported analytical detection limit to calculate the sample
concentration value and, in turn, the emission rate in the units of the
standard; or
(2) The sampling time for each test run must be at least 2 hours and
the mercury concentration in each field sample analyzed must be at least
two times the reported analytical detection limit.
(d) You must use the test methods specified in paragraphs (d)(1)
through (4) of this section and the applicable test methods in
paragraphs (d)(5) through (7) of this section.
(1) Method 1 or 1A in appendix A of 40 CFR part 60 to determine the
sampling port locations and the location and required number of sampling
traverse points.
(2) Method 2, 2A, 2C, or 2D in appendix A of 40 CFR part 60 to
determine the stack gas velocity and volumetric flow rate.
(3) Method 3, 3A, or 3B in appendix A of 40 CFR part 60 to determine
the stack gas molecular weight.
(4) Method 4 in appendix A of 40 CFR part 60 to determine the stack
gas moisture content.
(5) For each by-product hydrogen stream, Method 102 in appendix A of
40 CFR part 61 to measure the mercury emission rate after the last
control device.
(6) For each end box ventilation system vent, Method 101 or 101A in
appendix A of 40 CFR part 61 to measure the mercury emission rate after
the last control device.
(7) For each mercury thermal recovery unit vent, Method 101 or 101A
in appendix A of 40 CFR part 61 to measure the mercury emission rate
after the last control device.
(e) During each test run for a by-product hydrogen stream and each
test run for an end box ventilation system vent, you must continuously
measure the electric current through the operating mercury cells and
record a measurement at least once every 15 minutes.
(f) If the final control device is not a nonregenerable carbon
adsorber and if you are demonstrating compliance using periodic
monitoring under Sec.63.8240(b), you must continuously monitor the
parameters listed in paragraph (f)(1) of this section and establish your
maximum or minimum monitoring value (as appropriate for your control
device) using the requirements in paragraph (f)(2) of this section.
(1) During the performance test specified in paragraphs (a) through
(d) of this section, you must continuously monitor the control device
parameters in paragraphs (f)(1)(i) through (vii) of this section and
record a measurement at least once every 15 minutes.
(i) The exit gas temperature from uncontrolled streams;
(ii) The outlet temperature of the gas stream for the final (i.e.,
the farthest downstream) cooling system when no control devices other
than coolers or demisters are used;
(iii) The outlet temperature of the gas stream from the final
cooling system when the cooling system is followed by a molecular sieve
or regenerative carbon adsorber;
(iv) Outlet concentration of available chlorine, pH, liquid flow
rate, and inlet

[[Page 361]]

gas temperature of chlorinated brine scrubbers and hypochlorite
scrubbers;
(v) The liquid flow rate and exit gas temperature for water
scrubbers;
(vi) The inlet gas temperature of regenerative carbon adsorption
systems; and
(vii) The temperature during the heating phase of the regeneration
cycle for carbon adsorbers or molecular sieves.
(2) To establish a maximum monitoring value or minimum monitoring
value, as appropriate for your final control device, you must average
the recorded parameters in paragraphs (f)(1)(i) through (vi) of this
section over the test period. If your final control device is a
regenerative carbon adsorber, you must use the highest temperature
reading measured in paragraph (f)(1)(vii) as the reference temperature
in Sec.63.8244(b)(2)(v).

Sec.63.8234 What equations and procedures must I use for the initial
compliance demonstration?

(a) By-product hydrogen streams and end box ventilation system
vents. You must determine the total grams of mercury per Megagram of
chlorine production (g Hg/Mg Cl2) of chlorine produced from
all by-product hydrogen streams and all end box ventilation system
vents, if applicable, at a mercury cell chlor-alkali production
facility, and you must follow the procedures in paragraphs (a)(1)
through (6) of this section.
(1) Determine the mercury emission rate for each test run in grams
per day for each by-product hydrogen stream and for each end box
ventilation system vent, if applicable, from Method 101, 101A, or 102
(40 CFR part 61, appendix A).
(2) Calculate the average measured electric current through the
operating mercury cells during each test run for each by-product
hydrogen stream and for each end box ventilation system vent, if
applicable, using Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.000

Where:

CLavg, run = Average measured cell line current load during
the test run, amperes;
CLi, run = Individual cell line current load measurement
(i.e., 15 minute reading) during the test run, amperes; and
n = Number of cell line current load measurements taken over the
duration of the test run.

(3) Calculate the amount of chlorine produced during each test run
for each by-product hydrogen stream and for each end box ventilation
system vent, if applicable, using Equation 2 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.001

Where:

PCl2,run = Amount of chlorine produced during the
test run, megagrams chlorine (Mg Cl2);
1.3 x 10 ^-6 = Theoretical chlorine production rate factor, Mg
Cl2 per hour per ampere per cell;
CLavg,run = Average measured cell line current load during
test run, amperes, calculated using Equation 1 of this
section;
ncell,run = Number of cells on-line during the test run; and
trun = Duration of test run, hours.

(4) Calculate the mercury emission rate in grams of mercury per
megagram of chlorine produced for each test run for each by-product
hydrogen stream and for each end box ventilation system vent, if
applicable, using Equation 3 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.002

Where:

EHg,run = Mercury emission rate for the test run, g Hg/Mg
Cl2;
Rrun = Measured mercury emission rate for the test run from
paragraph (a)(1) of this section, grams Hg per day;

[[Page 362]]

trun = Duration of test run, hours;
24 = Conversion factor, hours per day; and
PCl2,run = Amount of chlorine produced during the
test run, calculated using Equation 2 of this section, Mg
Cl2.

(5) Calculate the average mercury emission rate for each by-product
hydrogen stream and for each end box ventilation system vent, if
applicable, using Equation 4 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.003

Where:

EHg,avg = Average mercury emission rate for the by-product
hydrogen stream or the end box ventilation system vent, if
applicable, g Hg/Mg Cl2;
EHg,run = Mercury emission rate for each test run for the by-
product hydrogen stream or the end box ventilation system
vent, if applicable, g Hg/Mg Cl2, calculated using
Equation 3 of this section; and
n = Number of test runs conducted for the by-product hydrogen stream or
the end box ventilation system vent, if applicable.

(6) Calculate the total mercury emission rate from all by-product
hydrogen streams and all end box ventilation system vents, if
applicable, at the mercury cell chlor-alkali production facility using
Equation 5 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.004

Where:

EHg,H2EB = Total mercury emission rate from all
by-product hydrogen streams and all end box ventilation system
vents, if applicable, at the affected source, g Hg/Mg
Cl2;
EHg,avg = Average mercury emission rate for each by-product
hydrogen stream and each end box ventilation system vent, if
applicable, g Hg/Mg Cl2, determined using Equation
4 of this section; and
n = Total number of by-product hydrogen streams and end box ventilation
system vents at the affected source.

(b) Mercury thermal recovery vents. You must determine the
milligrams of mercury per dscm exhaust discharged from mercury thermal
recovery unit vents, using the procedures in paragraphs (b)(1) and (2)
of this section.
(1) Calculate the concentration of mercury in milligrams of mercury
per dscm of exhaust for each test run for each mercury thermal recovery
unit vent using Equation 6 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.005

Where:

CHg,run = Mercury concentration for the test run, milligrams
of mercury per dry standard cubic meter of exhaust;
mHg = Mass of mercury in test run sample, from Method 101,
101A, or 102, micrograms;
10-3 = Conversion factor, milligrams per microgram; and
Vm(std) = Dry gas sample volume at standard conditions, from
Method 101, 101A, or 102, dry standard cubic meters.

(2) Calculate the average concentration of mercury in each mercury
thermal recovery unit vent exhaust using Equation 7 of this section as
follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.006

Where:

CHg,avg = Average mercury concentration for the mercury
thermal recovery unit vent, milligrams of mercury per dry
standard cubic meter exhaust;
CHg,run = Mercury concentration for each test run, milligrams
of mercury per dry standard cubic meter of exhaust, calculated
using Equation 6 of this section; and
n = Number of test runs conducted for the mercury thermal recovery unit
vent.

Sec.63.8236 How do I demonstrate initial compliance with the emission
limitations and work practice standards?

(a) For each mercury cell chlor-alkali production facility, you have
demonstrated initial compliance with the applicable emission limit for
by-product hydrogen streams and end box ventilation system vents in
Sec.63.8190(a)(2) if you comply with paragraphs (a)(1) and (2) of this
section:

[[Page 363]]

(1) Total mercury emission rate from all by-product hydrogen streams
and all end box ventilation system vents, if applicable, at the affected
source, determined according to Sec. Sec.63.8232 and 63.8234(a), did
not exceed the applicable emission limit in Sec.63.8190(a)(2)(i) or
(ii); and
(2) If you have chosen the periodic monitoring option specified in
Sec.63.8240(b) and your final control device is not a nonregenerable
carbon adsorber, you have established a parameter value according to
Sec.63.8232(f)(2).
(b) For each mercury recovery facility, you have demonstrated
initial compliance with the applicable emission limit for mercury
thermal recovery unit vents in Sec.63.8190(a)(3) if you comply with
paragraphs (b)(1) and (2) of this section.
(1) Mercury concentration in each mercury thermal recovery unit vent
exhaust, determined according to Sec. Sec.63.8232 and 63.8234(b), did
not exceed the applicable emission limit in Sec.63.8190(a)(3)(i) or
(ii); and
(2) If you have chosen the periodic monitoring option in Sec.
63.8240(b) and have a final control device that is not a nonregenerable
carbon adsorber, you have established a maximum or minimum monitoring
value, as appropriate for your control device according to Sec.
63.8232(f)(2).
(c) For each affected source, you have demonstrated initial
compliance with the applicable work practice standards in Sec.63.8192
if you comply with paragraphs (c)(1) through (7) of this section.
(1) You certify in your Notification of Compliance Status that you
are operating according to the work practice standards in Sec.
63.8192(a) through (d).
(2) You choose the continuous cell room monitoring program option,
you certify in your Notification of Compliance Status that you are
operating according to the continuous cell room monitoring program under
Sec.63.8192(g) and you have established your action level according to
Sec.63.8192(g)(2).
(3) You certify in your Notification of Compliance Status that you
are operating according to your washdown plan.
(4) You have submitted your washdown plan as part of your
Notification of Compliance Status.
(5) You have submitted your continuous cell room monitoring plan, if
applicable, as part of your Notification of Compliance Status.
(6) You have submitted your floor-level cell room monitoring plan,
if applicable, as part of your Notification of Compliance Status.
(7) You have submitted records of the mass of virgin mercury added
to cells for the 5 years preceding the applicable compliance date for
your affected source as a part of the Notification of Compliance Status.
(d) You must submit the Notification of Compliance Status containing
the results of the initial compliance demonstration according to the
requirements in Sec.63.8252(e).

Continuous Compliance Requirements

Sec.63.8240 What are my monitoring requirements?

For each by-product hydrogen stream, each end box ventilation system
vent, and each mercury thermal recovery unit vent, you must monitor the
mercury emissions using the procedures in paragraph (a) or (b) of this
section.
(a) You must continuously monitor the mercury concentration using a
mercury continuous emissions monitor according to the requirements in
Sec. Sec.63.8242(a) and 63.8244(a); or
(b) You must periodically monitor the mercury emissions according to
the requirements in Sec. Sec.63.8242(b) and 63.8244(b).

Sec.63.8242 What are the installation, operation, and maintenance
requirements for my continuous monitoring systems?

(a) If you choose the continuous mercury monitoring option under
Sec.63.8240(a), you must install, operate, and maintain each mercury
continuous emissions monitor according to paragraphs (a)(1) through (5)
of this section.
(1) Each mercury continuous emissions monitor must sample, analyze,
and record the concentration of mercury at least once every 15 minutes.

[[Page 364]]

(2) Each mercury continuous emissions monitor analyzer must have a
detector with the capability to detect a mercury concentration at or
below 0.5 times the mercury concentration level measured during the
performance test conducted according to Sec.63.8232.
(3) In lieu of a promulgated performance specification as required
in Sec.63.8(a)(2), you must develop a site-specific monitoring plan
that addresses the elements in paragraphs (a)(3)(i) through (vi) of this
section.
(i) Installation and measurement location downstream of the final
control device for each by-product hydrogen stream, end box ventilation
system vent, and mercury thermal recovery unit vent.
(ii) Performance and equipment specifications for the sample
interface, the pollutant concentration analyzer, and the data collection
and reduction system.
(iii) Performance evaluation procedures and acceptance criteria
(i.e., calibrations).
(iv) Ongoing operation and maintenance procedures according to the
requirements of Sec.63.8(c)(1), (3), and (4)(ii).
(v) Ongoing data quality assurance procedures according to the
requirements of Sec.63.8(d).
(vi) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec.63.10(c), (e)(1), and (e)(2)(i).
(4) You must conduct a performance evaluation of each mercury
continuous emissions monitor according to your site-specific monitoring
plan.
(5) You must operate and maintain each mercury continuous emissions
monitor in continuous operation according to the site-specific
monitoring plan.
(b) If you choose the periodic monitoring option and your final
control device is not a nonregenerable carbon adsorber, you must
install, operate, and maintain a continuous parameter monitoring system
(CPMS) for each parameter specified in Sec.63.8232(f)(1), according to
Sec.63.8(c).

Sec.63.8243 What equations and procedures must I use to demonstrate
continuous compliance?

(a) By-product hydrogen streams and end box ventilation system
vents. For each consecutive 52-week period, you must determine the g Hg/
Mg Cl2 produced from all by-product hydrogen streams and all
end box ventilation system vents, if applicable, at a mercury cell
chlor-alkali production facility using the procedures in paragraphs
(a)(1) through (3) of this section. You must begin collecting data on
the compliance date that is specified in Sec.63.8186 for your affected
source and calculate your first 52-week average mercury emission rate at
the end of the 52nd week after the compliance date.
(1) Each week, you must determine the weekly mercury emission rate
in grams per week for each by-product hydrogen stream and for each end
box ventilation system vent, if applicable, using one of the monitoring
options in paragraph (a)(1)(i) or (ii) of this section.
(i) Continuous mercury monitoring according to Sec. Sec.63.8242
and 63.8244(a).
(ii) Periodic monitoring according to Sec.63.8244(b).
(2) Each week, you must determine the chlorine production and keep
records of the production rate as required under Sec.63.8256(b)(6).
(3) Beginning 52 weeks after the compliance date specified in Sec.
63.8186 for your affected source, you must calculate the 52-week average
mercury emission rate from all by-product hydrogen steam and all end box
ventilation system vents, if applicable, using Equation 1 of this
section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.007

Where:

EHg = 52-week average mercury emission rate for
weeki, g Hg/Mg Cl2;
Rweek, i = Mercury emission rate for weeki from
paragraph (a)(1) of this section, g Hg per week;
PCl2, weeki = Amount of chlorine produced during
weeki, from paragraph (a)(2) of this section, Mg
Cl2 per week.

(b) Mercury thermal recovery units. If you choose the continuous
monitoring

[[Page 365]]

option in Sec.63.8240(a), you must demonstrate continuous compliance
using paragraph (b)(1) of this section. If you choose the periodic
monitoring option in Sec.63.8240(b), you must demonstrate continuous
compliance using paragraph (b)(2) of this section.
(1) You must calculate the daily average mercury concentration using
Equation 2 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.008

Where:

CHg, dailyavg = Average mercury concentration for the
operating day, milligrams per dry standard cubic meter;
CHg,i = Concentration of mercury measured at the interval i
(i.e., 15 minute reading) using a mercury continuous emission
monitor, milligrams per dry standard cubic meter; and
n = Number of concentration measurements taken during the operating day.

(2) You must calculate the daily average mercury concentration using
the procedures in Sec.63.8234(b).

Sec.63.8244 How do I monitor and collect data to demonstrate
continuous compliance?

(a) Continuous monitoring option. You must monitor mercury
concentration according to Sec.63.8242(a) at all times that the
affected source is operating with the exception of paragraphs (a)(1) and
(2) of this section.
(1) Except for monitor malfunctions, associated repairs, and
required quality assurance or control activities (including, as
applicable, calibration checks and required zero and span adjustments),
you must monitor mercury emissions continuously (or collect data at all
required intervals) at all times that the affected source is operating.
A monitoring malfunction is any sudden, infrequent, not reasonably
preventable failure of the monitoring to provide valid data. Monitoring
failures that are caused in part by poor maintenance or careless
operation are not malfunctions.
(2) You may not use data recorded during monitoring malfunctions,
associated repairs, and required quality assurance or control activities
in data averages and calculations used to report emission or operating
levels or to fulfill a minimum data availability requirement, if
applicable. You must use all the data collected during all other periods
in assessing compliance.
(b) Periodic monitoring option. If you choose the periodic
monitoring option under Sec.63.8240(b), you must monitor according to
the procedures in paragraph (b)(1) or (2) of this section.
(1) If your final control device is a nonregenerable carbon
adsorber, then you must conduct at least three test runs per week
meeting the criteria specified in Sec.63.8232(c)(1) and (2) to measure
mercury emissions using the test methods specified in Sec.63.8232(d).
Alternatively, you may use any other method that has been validated
using the applicable procedures in Method 301, 40 CFR part 63, appendix
A.
(2) If your final control device is anything other than a
nonregenerable carbon adsorber, you must monitor according to the
requirements of paragraphs (b)(2)(i) through (v) of this section.
(i) You must conduct at least three test runs per week meeting the
criteria specified in Sec.63.8232(c)(1) and (2) to measure mercury
emissions using the test methods specified in Sec.63.8232(d).
Alternatively, you may use any other method that has been validated
using the applicable procedures in Method 301, 40 CFR part 63, appendix
A.
(ii) Except as specified in paragraph (b)(2)(iii) of this section,
you must continuously collect data at least once every 15 minutes using
a CPMS installed and operated according to Sec.63.8242(b) and record
each 1-hour average from all measured data values during each 1-hour
period for the applicable parameter identified in Sec.63.8232(f)(1)
using the methods specified in Sec.63.8244(a).
(iii) As appropriate, you must continuously monitor the temperature
specified in Sec.63.8232(f)(1)(vii) during each heating phase of the
regeneration cycle of your carbon adsorber.
(iv) If the hourly average monitoring value of any applicable
parameter recorded under paragraph (b)(2)(ii) of this section is below
the minimum monitoring value or above the maximum

[[Page 366]]

monitoring value of that same parameter established under Sec.
63.8232(f)(2) for 24 consecutive hours, your monitoring value is out of
range and you must take corrective action as soon as practicable. The
hourly average monitoring value must be above the minimum monitoring
value or below the maximum monitoring value as appropriate for that
parameter, within 48 hours of the period that the monitoring value is
out of range.
(v) If your final control device is a regenerative carbon adsorber,
when the maximum hourly value of the temperature measured according to
paragraph (b)(2)(iii) of this section is below the reference temperature
determined according to Sec.63.8232(f)(2) for three consecutive
regeneration cycles, your monitoring value is out of range and you must
take corrective action as soon as practicable. During the first
regeneration cycle following the period that your monitoring value is
out of range, the maximum hourly value must be above the reference
temperature recorded according to Sec.63.8232(f)(2).

Sec.63.8246 How do I demonstrate continuous compliance with the
emission limitations and work practice standards?

(a) By-product hydrogen streams and end box ventilation system
vents. (1) For all by-product hydrogen streams and all end box
ventilation system vents, if applicable, you must demonstrate continuous
compliance with the applicable mercury emission limit by reducing the
mercury emissions data to 52-week averages using Equation 1 of Sec.
63.8243 and maintaining the 52-week average mercury emissions no higher
than the applicable mercury emissions limit in Sec.63.8190(a)(2). To
obtain the data to calculate these 52-week averages, you must monitor in
accordance with paragraph (a)(1)(i) or (ii) of this section.
(i) Continuous monitoring option. You must collect mercury emissions
data according to Sec.63.8244(a), representing at least 75 percent of
the 15-minute periods in each operating day of the 52-week compliance
period (with data recorded during monitoring malfunctions, associated
repairs, and required quality assurance or control activities not
counting toward the 75 percent requirement);
(ii) Periodic monitoring option. You must conduct at least three
test runs per week to collect mercury emissions samples according to
Sec.63.8244(b)(1) and (2)(i) and, if your final control device is not
a nonregenerable carbon adsorber, you must collect data for monitoring
values according to Sec.63.8244(b)(2)(ii) through (v).
(2) You must maintain records of mercury emissions and 52-week
average values, as required in Sec.63.8256(b)(3) and (4). If your
final control device is not a nonregenerable carbon adsorber, you must
maintain records according to Sec.63.8256(d).
(b) Mercury thermal recovery unit vents. (1) For each mercury
thermal recovery unit vent, you must demonstrate continuous compliance
with the applicable emission limit specified in Sec.63.8190(a)(3) by
maintaining the outlet mercury hourly-average concentration no higher
than the applicable limit. To determine the outlet mercury
concentration, you must monitor according to paragraph (b)(1)(i) or (ii)
of this section.
(i) Continuous monitoring option. You must collect mercury
concentration data according to Sec.63.8244(a), representing at least
75 percent of the 15-minute periods in the operating day (with data
recorded during monitoring malfunctions, associated repairs, and
required quality assurance or control activities not counting toward the
75 percent requirement).
(ii) Periodic monitoring option. You must conduct at least three
test runs per week to collect mercury emissions samples according to
Sec.63.8244(b)(1) and (2)(i) and, if your final control device is not
a nonregenerable carbon adsorber, you must collect data for monitoring
values according to Sec.63.8244(b)(2)(ii) through (v).
(2) You must maintain records of mercury emissions and daily average
values as required in Sec.63.8256(b)(3). If your final control device
is not a nonregenerable carbon adsorber, you must maintain records
according to Sec.63.8256(d).
(c) You must demonstrate continuous compliance with the applicable
work

[[Page 367]]

practice standards in Sec.63.8192 by maintaining records in accordance
with Sec.63.8256(c).

Sec.63.8248 What other requirements must I meet?

(a) Deviations. The instances specified in paragraphs (a)(1) through
(4) of this section are deviations and must be reported according to the
requirements in Sec.63.8254.
(1) You must report each instance in which you did not meet each
emission limitation in Sec.63.8190 that applies to you. This includes
periods of startup, shutdown, and malfunction.
(2) You must report each instance in which you did not meet each
work practice standard in Sec.63.8192 that applies to you. This
includes periods of startup, shutdown, and malfunction.
(3) You must report each instance in which the corrective actions
taken according to Sec.63.8244(b)(2)(iv) did not result in average
monitoring values being within range within 48 hours of the period that
the monitoring value is out of range.
(4) You must report each instance in which the corrective action
taken according to Sec.63.8244(b)(2)(v) did not result in the maximum
hourly temperature being above the reference temperature during the
first regeneration cycle following the period that the monitoring value
was out of range.
(b) Startups, shutdowns, and malfunctions. (1) Consistent with
Sec. Sec.63.6(e) and 63.7(e)(1), deviations that occur during a period
of startup, shutdown, or malfunction are not violations if you
demonstrate to the Administrator's satisfaction that you were operating
in accordance with Sec.63.6(e)(1).
(2) The Administrator will determine whether deviations that occur
during a period of startup, shutdown, or malfunction are violations,
according to the provisions in Sec.63.6(e).
(3) By-passing the control device for maintenance activities is not
considered a startup, shutdown, or malfunction event.

[68 FR 70928, Dec. 19, 2003, as amended at 71 FR 20469, Apr. 20, 2006]

Notification, Reports, and Records

Sec.63.8252 What notifications must I submit and when?

(a) You must submit all of the notifications in Sec. Sec.63.7(b)
and (c), 63.8(e) and (f) and 63.9(b) through (h) that apply to you by
the dates specified.
(b) As specified in Sec.63.9(b)(2), if you start up your affected
source before December 19, 2003, you must submit your initial
notification not later than April 19, 2004.
(c) As specified in Sec.63.9(b)(3), if you start up your new or
reconstructed mercury recovery facility on or after December 19, 2003,
you must submit your initial notification not later than 120 days after
you become subject to this subpart.
(d) For each performance test that you are required to conduct for
by-product hydrogen streams and end box ventilation system vents and for
mercury thermal recovery unit vents, you must submit a notification of
intent to conduct a performance test at least 60 calendar days before
the performance test is scheduled to begin as required in Sec.7(b)(1).
(e) You must submit a Notification of Compliance Status according to
paragraphs (e)(1) and (2) of this section.
(1) For each initial compliance demonstration that does not include
a performance test, you must submit the Notification of Compliance
Status before the close of business on the 30th calendar day following
the completion of the initial compliance demonstration. The Notification
of Compliance Status must contain the items in paragraphs (e)(1)(i)
through (iv) of this section:
(i) If you choose not to implement a cell room monitoring program
according to Sec.63.8192(g), a certification that you are operating
according to the applicable work practice standards in Sec.63.8192(a)
through (d) and your floor-level mercury vapor measurement plan required
by Sec.63.8192(d).
(ii) The washdown plan, and you must certify that you are operating
according to the washdown plan specified in Sec.63.8192(f).
(iii) The mass of virgin mercury added to cells for the 5 years
preceding the compliance date.

[[Page 368]]

(iv) If you choose to implement a cell room monitoring program
according to Sec.63.8192(g), your cell room monitoring plan.
(2) For each initial compliance demonstration that does include a
performance test, you must submit the Notification of Compliance Status,
including the performance test results, before the close of business on
the 60th calendar day following the completion of the performance test
according to Sec.63.10(d)(2). The Notification of Compliance Status
must contain the information in Sec.63.9(h)(2)(ii)(A) through (G). The
site-specific monitoring plan required in Sec.63.8242(a)(3) must also
be submitted.

Sec.63.8254 What reports must I submit and when?

(a) Compliance report due dates. You must submit a semiannual
compliance report to your permitting authority according to the
requirements in paragraphs (a)(1) through (4) of this section.
(1) The first compliance report must cover the period beginning on
the compliance date that is specified for your affected source in Sec.
63.8186 and ending on June 30 or December 31, whichever date comes first
after the compliance date that is specified for your affected source in
Sec.63.8186.
(2) The first compliance report must be postmarked or delivered no
later than July 31 or January 31, whichever date comes first after your
first compliance reporting period.
(3) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
(4) Each subsequent compliance report must be postmarked or
delivered no later than July 31 or January 31, whichever date comes
first after the end of the semiannual reporting period.
(b) Compliance report contents. Each compliance report must contain
the information in paragraphs (b)(1) through (3) of this section, and as
applicable, paragraphs (b)(4) through (12) of this section.
(1) Company name and address.
(2) Statement by a responsible official, with that official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the report.
(3) Date of report and beginning and ending dates of the reporting
period.
(4) If you had a startup, shutdown or malfunction during the
reporting period and you took actions consistent with your startup,
shutdown, and malfunction plan, the compliance report must include the
information in Sec.63.10(d)(5)(i).
(5) If there were no deviations from the continuous compliance
requirements in Sec.63.8246 that apply to you, a statement that there
were no deviations from the emission limitations, work practice
standards, and operation and maintenance standards during the reporting
period.
(6) If there were no periods during which the mercury continuous
emission monitor or CPMS (if applicable) were out-of-control as
specified in Sec.63.8(c)(7), a statement that there were no periods
during the which the mercury continuous emissions monitor or CPMS (if
applicable) were out-of-control during the reporting period.
(7) For each deviation from the requirements for work practice
standards in Tables 1 through 4 to this subpart that occurs at an
affected source (including deviations where the response intervals were
not adhered to as described in Sec.63.8192(b)), the compliance report
must contain the information in paragraphs (b)(1) through (4) of this
section and the information in paragraphs (b)(7)(i) and (ii) of this
section. This includes periods of startup, shutdown, and malfunction.
(i) The total operating time of each affected source during the
reporting period.
(ii) Information on the number, duration, and cause of deviations
(including unknown cause, if applicable), as applicable, and the
corrective action taken.
(8) For each deviation from an emission limitation occurring at an
affected source where you are using a mercury continuous emission
monitor, according to the site-specific monitoring plan required in
Sec.63.8242(a)(3), to comply with the emission limitation in this
subpart, you must include the information in paragraphs (b)(1) through
(4) of this section and the information in paragraphs (b)(8)(i) through
(xii) of

[[Page 369]]

this section. This includes periods of startup, shutdown, and
malfunction.
(i) The date and time that each malfunction started and stopped.
(ii) The date and time of each instance in which a continuous
monitoring system was inoperative, except for zero (low-level) and high-
level checks.
(iii) The date, time, and duration of each instance in which a
continuous monitoring system was out-of-control, including the
information in Sec.63.8(c)(8).
(iv) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of startup, shutdown, or
malfunction or during another period.
(v) A summary of the total duration of the deviation during the
reporting period and the total duration as a percent of the total source
operating time during that reporting period.
(vi) A breakdown of the total duration of the deviations during the
reporting period including those that are due to startup, shutdown,
control equipment problems, process problems, other known causes, and
other unknown causes.
(vii) A summary of the total duration of continuous monitoring
system downtime during the reporting period and the total duration of
monitoring system downtime as a percent of the total source operating
time during the reporting period.
(viii) An identification of each hazardous air pollutant that was
monitored at the affected source.
(ix) A brief description of the process units.
(x) A brief description of the continuous monitoring system.
(xi) The date of the latest continuous monitoring system
certification or audit.
(xii) A description of any changes in monitoring system, processes,
or controls since the last reporting period.
(9) For each deviation from an operation and maintenance standard
occurring at an affected source where you are using the periodic
monitoring option specified in Sec.63.8240(b) and your final control
device is not a nonregenerable carbon adsorber, the compliance report
must include the information in paragraphs (b)(1) through (4) of this
section and the information in paragraphs (b)(9)(i) through (x) of this
section. This includes periods of startups, shutdowns and malfunctions.
(i) The total operating time of each affected source during the
reporting period.
(ii) Information on the number, duration, and cause of deviations
(including unknown cause, if applicable), as applicable, whether the
deviation occurred during a period of startup, shutdown, or malfunction,
or other period, and the corrective action taken.
(iii) The date and time of each instance in which a CPMS was
inoperative, except for zero (low-level) and high-level checks.
(iv) The date, time, and duration of each instance in which a CPMS
was out-of-control, including the information specified in Sec.
63.8(c)(8).
(v) A summary of the total duration of the deviation during the
reporting period and the total duration as a percent of the total source
operating time during that reporting period.
(vi) A breakdown of the total duration of the deviations during the
reporting period including those that are due to startup, shutdown,
control equipment problems, process problems, other known causes, and
other unknown causes.
(vii) A summary of the total duration of continuous monitoring
system downtime during the reporting period and the total duration of
monitoring system downtime as a percent of the total source operating
time during the reporting period.
(viii) A brief description of the CPMS.
(ix) The date of the latest CPMS certification or audit.
(x) A description of any changes in monitoring system, processes, or
controls since the last reporting period.
(10) The compliance report must contain the mass of virgin mercury
added to cells for the reporting period.
(11) The compliance report must contain each instance in which
corrective actions taken under Sec.63.8244(b)(2)(iv) did not result in
average monitoring values being within range within 48 hours of the
period that the monitoring value is out of range.

[[Page 370]]

(12) The compliance report must contain each instance in which
corrective action taken according to Sec.63.8244(b)(2)(v) did not
result in the maximum hourly temperature being above the reference
temperature during the first regeneration cycle following the period
that the monitoring value was out of range.
(c) Immediate startup, shutdown, and malfunction report. If you took
an action during a startup, shutdown, or malfunction during the
semiannual reporting period that was not consistent with your startup,
shutdown, and malfunction plan required in Sec.63.8226(b), and the
source exceeded any applicable emission limitation in this subpart, you
must submit an immediate startup, shutdown, and malfunction report
according to the requirements in Sec.63.10(d)(5)(ii).
(d) Title V monitoring report. After your affected source has been
issued a title V operating permit pursuant to 40 CFR part 70 or 40 CFR
part 71, you must report all deviations from permit requirements and
provide reports of any required monitoring in your semiannual monitoring
report as required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A). If you submit a semiannual compliance report for an
affected source as required by this subpart as part of the semiannual
monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A), and the semiannual compliance report includes all
information required by the 40 CFR part 70 or 40 CFR part 71 semiannual
monitoring report for the deviations that are reported in the semiannual
compliance report, submission of the semiannual compliance report
satisfies your obligation to report the same deviation information in
the semiannual monitoring report. However, in such situations, the
semiannual monitoring report must cross-reference the semiannual
compliance report, and submission of a semiannual compliance report does
not otherwise affect any obligation you may have to report deviations
from permit requirements for an affected source to your permitting
authority under 40 CFR part 70 or 40 CFR part 71.

Sec.63.8256 What records must I keep?

(a) General records. You must keep the records in paragraphs (a)(1)
and (2) of this section.
(1) A copy of each notification and report that you submitted to
comply with this subpart, including all documentation supporting any
initial notification or Notification of Compliance Status that you
submitted, according to the requirements in Sec.63.10(b)(2)(xiv).
(2) The records in Sec.63.6(e)(3)(iii) through (v) related to
startup, shutdown, and malfunction.
(b) Records associated with the by-product hydrogen stream and end
box ventilation system vent emission limitations and the mercury thermal
recovery unit vent emission limitations. You must keep the records in
paragraphs (b)(1) through (5) of this section related to the emission
limitations in Sec.63.8190(a)(2) through (3) and (b).
(1) Records of performance tests as required in Sec.
63.10(b)(2)(viii).
(2) Records of the mercury emissions monitoring conducted during the
performance tests.
(3) Records of the continuous or periodic mercury emissions
monitoring data.
(4) Records of the 52-week rolling average mercury emissions.
(5) Records associated with your site-specific monitoring plan
required in Sec.63.8242(a)(3) (i.e., results of inspections,
calibrations, and validation checks of each mercury concentration
continuous monitoring system (CMS)).
(6) Records of chlorine production on a weekly basis.
(c) Records associated with the work practice standards.
(1) If you choose not to institute a cell room monitoring program
according to Sec.63.8192(g) of this subpart, you must keep the records
specified in paragraphs (c)(1)(i) through (v) of this section.
(i) Records specified in Table 9 to this subpart related to the work
practice standards in Tables 1 through 4 of this subpart.
(ii) Your current floor-level mercury vapor measurement plan.
(iii) Records of the average value calculated from at least three
measurements taken according to your floor-

[[Page 371]]

level mercury vapor measurement plan.
(iv) Records indicated in Sec.63.8192(d)(4)(i) for maintenance
activities that cause the floor-level mercury concentration to exceed
the action level.
(v) Records of all inspections and corrective actions taken in
response to a non-maintenance related situation in which the mercury
vapor concentration exceeds the floor-level mercury concentration action
level.
(2) You must maintain a copy of your current washdown plan and
records of when each washdown occurs.
(3) You must maintain records of the mass of virgin mercury added to
cells for each reporting period.
(4) If you choose to institute a cell room monitoring program
according to Sec.63.8192(g) of this subpart, you must keep your
current cell room monitoring plan and the records specified in
paragraphs (c)(4)(i) through (v) of this section.
(i) Records of the monitoring conducted in accordance with Sec.
63.8192(g)(2)(i) to establish your action level, and records
demonstrating the development of this action level.
(ii) Records of the cell room mercury concentration monitoring data
collected.
(iii) Instances when the action level is exceeded.
(iv) Records specified in Sec.63.8192(g)(4)(i) for maintenance
activities that cause the mercury vapor concentration to exceed the
action level.
(v) Records of all inspections and corrective actions taken in
response to a non-maintenance related situation in which the mercury
vapor concentration exceeds the action level.
(d) Records associated with the periodic monitoring option if your
final control device is not a nonregenerable carbon adsorber. You must
keep the records in paragraph (d)(1) through (3) of this section.
(1) Records of the CPMS data collected during the performance test
as specified in Sec.63.8232(f)(1).
(2) Records documenting the development of the maximum monitoring
value or minimum monitoring value, as appropriate, according to Sec.
63.8232(f)(2).
(3) Records of hourly average values of applicable parameters
monitored as specified in Sec.63.8244(b)(2)(ii) or (iii).

Sec.63.8258 In what form and how long must I keep my records?

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

Other Requirements and Information

Sec.63.8262 What parts of the General Provisions apply to me?

Table 10 to this subpart shows which parts of the General Provisions
in Sec. Sec.63.1 through 63.13 apply to you.

Sec.63.8264 Who implements and enforces this subpart?

[[Page 372]]

(1) Approval of alternatives under Sec.63.6(g) to the non-opacity
emission limitations in Sec.63.8190 and work practice standards in
Sec.63.8192.
(2) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec.63.90.
(3) Approval of major alternatives to monitoring under Sec.63.8(f)
and as defined in Sec.63.90.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec.63.10(f) and as defined in Sec.63.90.

Sec.63.8266 What definitions apply to this subpart?

Terms used in this subpart are defined in the CAA, in Sec.63.2,
and in this section as follows:
Aqueous liquid means a liquid mixture in which water is the
predominant component.
Brine means an aqueous solution of alkali metal chloride, as sodium
chloride salt solution or potassium chloride salt solution, that is used
in the electrolyzer as a raw material.
By-product hydrogen stream means the hydrogen gas from each
decomposer that passes through the hydrogen system and is burned as
fuel, transferred to another process as raw material, or discharged
directly to the atmosphere.
Caustic means an aqueous solution of alkali metal hydroxide, as
sodium hydroxide or potassium hydroxide, that is produced in the
decomposer.
Caustic basket means a fixture adjacent to the decomposer that
contains a serrated funnel over which the caustic from the decomposer
passes, breaking into droplets such that electric current is
interrupted.
Caustic system means all vessels, piping, and equipment that convey
caustic and remove mercury from the caustic stream. The caustic system
begins at the decomposer and ends after the primary filters.
Cell room means a building or other structure in which one or more
mercury cells are located.
Continuous parameter monitoring system, or CPMS, means the total
equipment that may be required to meet the data acquisition and
availability requirements of this subpart, used to sample, condition (if
applicable), analyze, and provide a record of process of control system
parameters.
Control device means a piece of equipment (such as condensers,
coolers, chillers, heat exchangers, mist eliminators, absorption units,
and adsorption units) that removes mercury from gaseous streams.
Decomposer means the component of a mercury cell in which mercury
amalgam and water react in bed of graphite packing (within a cylindrical
vessel), producing caustic and hydrogen gas and returning mercury to its
elemental form for re-use in the process.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart including, but not limited to, any emission limitation
(including any operating limit) or work practice standard;
(2) Fails to meet any term or condition that is adopted to implement
an applicable requirement in this subpart and that is included in the
title V operating permit for any affected source required to obtain such
a permit;
(3) Fails to meet any emission limitation (including any operating
limit) or work practice standard in this subpart during startup,
shutdown, or malfunction, regardless of whether or not such failure is
allowed by this subpart; or
(4) Fails to take corrective actions within 48 hours that result in
parameter monitoring values being within range.
Electrolyzer means the main component of the mercury cell that
consists of an elongated, shallow steel trough that holds a layer of
mercury as a flowing cathode. The electrolyzer is enclosed by side
panels and a top that suspends metal anodes. In the electrolyzer, brine
is fed between a flowing mercury cathode and metal anodes in the
presence of electricity to produce chlorine gas and an alkali metal-
mercury amalgam (mercury amalgam).
Emission limitation means any emission limit or operating limit.
End box means a component of a mercury cell for transferring
materials between the electrolyzer and the

[[Page 373]]

decomposer. The inlet end box collects and combines raw materials at the
inlet end of the cell, and the outlet end box separates and directs
various materials either into the decomposer or out of the cell.
End box ventilation system means all vessels, piping, and equipment
that evacuate the head space of each mercury cell end box (and possibly
other vessels and equipment) to the atmosphere. The end box ventilation
system begins at the end box (and other vessel or equipment which is
being evacuated) and terminates at the end box ventilation system vent.
The end box ventilation system includes all control devices.
End box ventilation system vent means the discharge point of the end
box ventilation system to the atmosphere after all control devices.
Hydrogen leak means hydrogen gas (containing mercury vapor) that is
escaping from the decomposer or hydrogen system.
Hydrogen system means all vessels, piping, and equipment that convey
a by-product hydrogen stream. The hydrogen system begins at the
decomposer and ends at the point just downstream of the last control
device. The hydrogen system includes all control devices.
In liquid mercury service means containing or coming in contact with
liquid mercury.
Liquid mercury accumulation means one or more liquid mercury
droplets, or a pool of liquid mercury, present on the floor or other
surface exposed to the atmosphere.
Liquid mercury leak means the liquid mercury that is dripping or
otherwise escaping from process equipment.
Liquid mercury spill means a liquid mercury accumulation resulting
from a liquid mercury that leaked from process equipment or that dripped
during maintenance or handling.
Mercury cell means a device consisting of an electrolyzer and
decomposer, with one or more end boxes, a mercury pump, and other
components linking the electrolyzer and decomposer.
Mercury cell amalgam seal pot means a compartment through which
mercury amalgam passes from an outlet end box to a decomposer.
Mercury cell chlor-alkali plant means all contiguous or adjoining
property that is under common control, where mercury cells are used to
manufacture product chlorine, product caustic, and by-product hydrogen
and where mercury may be recovered from wastes.
Mercury cell chlor-alkali production facility means an affected
source consisting of all cell rooms and ancillary operations used in the
manufacture of product chlorine, product caustic, and by-product
hydrogen at a mercury cell chlor-alkali plant.
Mercury concentration CMS, or mercury concentration continuous
monitoring system, means a CMS, as defined in Sec.63.2, that
continuously measures the concentration of mercury.
Mercury-containing wastes means waste materials containing mercury,
which are typically classified under Resource Conservation and Recovery
Act (RCRA) solid waste designations. K071 wastes are sludges from the
brine system. K106 are wastewater treatment sludges. D009 wastes are
non-specific mercury-containing wastes, further classified as either
debris or nondebris (i.e., cell room sludges and carbon from
decomposes).
Mercury pump means a component of a mercury cell for conveying
elemental mercury re-created in the decomposer to the beginning of the
mercury cell. A mercury pump is typically found either as an in-line
mercury pump (near a mercury suction pot or mercury seal pot) or
submerged mercury pump (within a mercury pump tank or mercury pump
seal).
Mercury recovery facility means an affected source consisting of all
processes and associated operations needed for mercury recovery from
wastes at a mercury cell chlor-alkali plant.
Mercury thermal recovery unit means the retort(s) where mercury-
containing wastes are heated to volatilize mercury and the mercury
recovery/control system (control devices and other equipment) where the
retort off-gas is cooled, causing mercury to condense and liquid mercury
to be recovered.

[[Page 374]]

Mercury thermal recovery unit vent means the discharge point of the
mercury thermal recovery unit to the atmosphere after all recovery/
control devices. This term encompasses both oven type vents and non-oven
type vents.
Mercury vacuum cleaner means a cleanup device used to draw a liquid
mercury spill or accumulation (via suction pressure) into a closed
compartment.
Non-oven type mercury thermal recovery unit vent means the discharge
point to the atmosphere after all recovery/control devices of a mercury
thermal recovery unit in which the retort is either a rotary kiln or
single hearth retort.
Open-top container means any container that does not have a tight-
fitting cover that keeps its contents from being exposed to the
atmosphere.
Oven type mercury thermal recovery unit vent means the discharge
point to the atmosphere after all recovery/control devices of a mercury
thermal recovery unit in which each retort is a batch oven retort.
Responsible official means responsible official as defined in 40 CFR
70.2.
Retort means a furnace where mercury-containing wastes are heated to
drive mercury into the gas phase. The types of retorts used as part of
mercury thermal recovery units at mercury cell chlor-alkali plants
include batch oven retorts, rotary kilns, and single hearth retorts.
Spalling means fragmentation by chipping.
Sump means a large reservoir or pit for wastewaters (primarily
washdown waters).
Trench means a narrow channel or depression built into the length of
a cell room floor that leads washdown materials to a drain.
Vent hose means a connection for transporting gases from the mercury
cell.
Virgin mercury means mercury that has not been processed in an
onsite mercury thermal recovery unit or otherwise recovered from
mercury-containing wastes onsite.
Washdown means the act of rinsing a floor or surface with a stream
of aqueous liquid to cleanse it of a liquid mercury spill or
accumulation, generally by driving it into a trench.
Week means any consecutive seven-day period.
Work practice standard means any design, equipment, work practice,
or operational standard, or combination thereof, that is promulgated
pursuant to section 112(h) of the CAA.

Sec. Table 1 to Subpart IIIII of Part 63--Work Practice Standards--
Design, Operation, and Maintenance Requirements

As stated in Sec.63.8192, you must meet the work practice
standards in the following table:

------------------------------------------------------------------------
For . . . You must . . .
------------------------------------------------------------------------
1. Cell rooms..................... a. For new or modified cell rooms,
construct each cell room interior
using materials that are resistant
to absorption of mercury, resistant
to corrosion, facilitate the
detection of liquid mercury spills
or accumulations, and are easy to
clean.
b. Limit access around and beneath
mercury cells in each cell room to
prevent liquid mercury from being
tracked into other areas.
c. Provide adequate lighting in each
cell room to facilitate the
detection of liquid mercury spills
or accumulations.
d. Minimize the number of items
stored around and beneath cells in
each cell room.
2. Mercury cells and electrolyzers a. Operate and maintain each
electrolyzer, decomposer, end box,
and mercury pump to minimize
leakage of mercury.
b. Prior to opening an electrolyzer
for maintenance, do the following:
(1) Complete work that can be done
before opening the electrolyzer in
order to minimize the time required
to complete maintenance when the
electrolyzer is open; (2) fill the
electrolyzer with an aqueous
liquid, when possible; (3) allow
the electrolyzer to cool before
opening; and (4) schedule and staff
maintenance of the electrolyzer to
minimize the time the electrolyzer
is open.
c. When the electrolyzer top is
raised and before moving the top
and anodes, thoroughly flush all
visible mercury from the top and
the anodes with an aqueous liquid,
when possible.
d. While an electrolyzer is open,
keep the bottom covered with an
aqueous liquid or maintain a
continuous flow of aqueous liquid,
when possible.
e. During an electrolyzer side panel
change, take measures to ensure an
aqueous liquid covers or flows over
the bottom, when possible.
f. Each time an electrolyzer is
opened, inspect and replace
components, as appropriate.

[[Page 375]]

g. If you step into an electrolyzer
bottom, either remove all visible
mercury from your footwear or
replace them immediately after
stepping out of the electrolyzer.
h. If an electrolyzer is
disassembled for overhaul
maintenance or for any other
reason, chemically clean the bed
plate or thoroughly flush it with
an aqueous liquid.
i. Before transporting each
electrolyzer part to another work
area, remove all visible mercury
from the part or contain the part
to prevent mercury from dripping
during transport.
j. After completing maintenance on
an electrolyzer, check any mercury
piping flanges that were opened for
liquid mercury leaks.
k. If a liquid mercury spill occurs
during any maintenance activity on
an electrolyzer, clean it up in
accordance with the requirements in
Table 3 to this subpart.
3. Vessels in liquid mercury If you replace a vessel containing
service. mercury that is intended to trap
and collect mercury after December
19, 2003, replace it with a vessel
that has a cone shaped bottom with
a drain valve or other design that
readily facilitates mercury
collection.
4. Piping and process lines in a. To prevent mercury buildup after
liquid mercury service. December 19, 2003, equip each new
process line and piping system with
smooth interiors and adequate low
point drains or mercury knock-out
pots to avoid liquid mercury
buildup within the pipe and to
facilitate mercury collection and
recovery.
5. Cell room floors............... a. Maintain a coating on cell room
floors that is resistant to
absorption of mercury and that
facilitates the detection of liquid
mercury spills or accumulations.
b. Maintain cell room floors such
that they are smooth and free of
cracking and spalling.
c. Maintain the cell room floor to
prevent mercury accumulation in the
corners.
d. Maintain a layer of aqueous
liquid on liquid mercury contained
in trenches or drains and replenish
the aqueous layer at least once per
day.
e. Keep the cell room floor clean
and free of debris.
f. If you step into a liquid mercury
spill or accumulation, either
remove all visible mercury from
your footwear or replace your
footwear immediately.
6. End boxes...................... a. Either equip each end box with a
fixed cover that is leak tight, or
route the end box head space to an
end box ventilation system.
b. For each end box ventilation
system: maintain a flow of aqueous
liquid over the liquid mercury in
the end box and maintain the
temperature of the aqueous liquid
below its boiling point, maintain a
negative pressure in the end box
ventilation system, and maintain
the end box ventilation system in
good condition.
c. Maintain each end box cover in
good condition and keep the end box
closed when the cell is in service
and when liquid mercury is flowing
down the cell, except when
operation or maintenance activities
require short-term access.
d. Keep all bolts and C-clamps used
to hold the covers in place when
the cell is in service and when
liquid mercury is flowing down the
cell.
e. Maintain each access port stopper
in an end box cover in good sealing
condition and keep each end box
access port closed when the cell is
in service and when liquid mercury
is flowing down the cell.
7. Decomposers.................... a. Maintain each decomposer cover in
good condition and keep each
decomposer closed and sealed,
except when maintenance activities
require the cover to be removed.
b. Maintain connections between the
decomposer and the corresponding
cell components, hydrogen system
piping, and caustic system piping
in good condition and keep the
connections closed/tight, except
when maintenance activities require
opening/loosening these
connections.
c. Keep each mercury cell amalgam
seal pot closed and sealed, except
when operation or maintenance
activities require short-term
access.
d. Prior to opening a decomposer, do
the following: fill the decomposer
with an aqueous liquid or drain the
decomposer liquid mercury into a
container that meets requirements
in Table 1, Item 9 or 10, allow the
decomposer to cool before opening,
and complete work that can be done
before opening the decomposer.
e. Take precautions to avoid mercury
spills when changing graphite grids
or balls in horizontal decomposers
or graphite packing in vertical
decomposers. If a spill occurs, you
must clean it up in accordance with
the requirements in Table 3 to this
subpart.
f. After each maintenance activity,
use an appropriate technique (Table
6 to this subpart) to check for
hydrogen leaks.
g. Before transporting any internal
part from the decomposer (such as
the graphite basket) to another
work area, remove all visible
mercury from the part or contain
the part to prevent mercury from
dripping during transport.
h. Store carbon from decomposers in
accordance with the requirements in
40 CFR part 265, subparts I and CC,
until the carbon is treated or is
disposed.
8. Submerged mercury pumps........ a. Provide a vapor outlet connection
from each submerged pump to an end
box ventilation system. The
connection must be maintained under
negative pressure.
b. Keep each mercury pump tank
closed, except when maintenance or
operation activities require the
cover to be removed.
c. Maintain a flow of aqueous liquid
over the liquid mercury in each
mercury pump tank and maintain the
aqueous liquid at a temperature
below its boiling point.
9. Open-top containers holding Maintain a layer of aqueous liquid
liquid mercury. over liquid mercury in each open-
top container. Replenish the
aqueous layer at least once per day
and, when necessitated by operating
procedures or observation, collect
the liquid mercury from the
container in accordance with the
requirements in Table 4 to this
subpart.
10. Closed containers used to a. Store liquid mercury in
store liquid mercury. containers with tight fitting
covers.
b. Maintain the seals on the covers
in good condition.

[[Page 376]]

c. Keep each container securely
closed when mercury is not being
added to, or removed from, the
container.
11. Caustic systems............... a. Maintain the seal between each
caustic basket cover and caustic
basket by using gaskets and other
appropriate material.
b. Do not allow solids and liquids
collected from back-flushing
primary caustic filters to contact
floors or run into open trenches.
c. Collect solids and liquids from
back-flushing each primary caustic
filter and collect these mercury-
containing wastes in process
vessels or in accordance with the
requirements in 40 CFR part 265,
subparts I and CC.
d. Keep each caustic basket closed
and sealed, except when operation
or maintenance activities require
short term access.
12. Hydrogen systems.............. a. Collect drips from each hydrogen
seal pot and compressor seal in
containers meeting the requirements
in this table for open containers.
These drips should not be allowed
to run on the floor or in open
trenches.
b. Minimize purging of hydrogen from
a decomposer into the cell room by
either sweeping the decomposer with
an inert gas or by routing the
hydrogen to the hydrogen system.
c. Maintain hydrogen piping gaskets
in good condition.
d. After any maintenance activities,
use an appropriate technique (Table
6 to this subpart) to check all
hydrogen piping flanges that were
opened for hydrogen leaks.
------------------------------------------------------------------------

Sec. Table 2 to Subpart IIIII of Part 63--Work Practice Standards--
Required Inspections

As stated in Sec.63.8192, you must meet the work practice
standards in the following table:

----------------------------------------------------------------------------------------------------------------
At least once each . . .
You must inspect . . . And if you find . . . You must . . .
----------------------------------------------------------------------------------------------------------------
1. Each vent hose on each mercury Half day................ A leaking vent hose.... Take action immediately
cell. to correct the leak.
2. Each open-top container holding Half day................ Liquid mercury that is Take action immediately
liquid mercury. not covered by an to cover the liquid
aqueous liquid. mercury with an
aqueous liquid.
3. Each end box..................... Half day................ a. An end box cover not Take action immediately
securely in place. to put the end box
cover securely in
place.
b. An end box stopper Take action immediately
not securely in place. to put the end box
stopper securely in
place.
c. Liquid mercury in an Take action immediately
end box that is not to cover the liquid
covered by an aqueous mercury with an
liquid at a aqueous liquid.
temperature below
boiling.
4. Each mercury amalgam seal pot.... Half day................ A seal pot cover that Take action immediately
is not securely in to put the seal pot
place. cover securely in
place.
5. Each mercury seal pot............ Half day................ A mercury seal pot Take action immediately
stopper not securely to put the mercury
in place. seal pot stopper
securely in place.
6. Cell room floors................. Month................... Cracks, spalling, or Repair the crack,
other deficiencies spalling, or other
that could cause deficiency within 1
liquid mercury to month from the time
become trapped. you identify the
deficiency.
7. Pillars and beams................ 6 months................ Cracks, spalling, or Repair the crack,
other deficiencies spalling, or other
that could cause deficiency within 1
liquid mercury to month from the time
become trapped. you identify the
deficiency.
8. Each caustic basket.............. Half day................ A caustic basket cover Take action immediately
that is not securely to put the caustic
in place. basket cover securely
in place.
9. All equipment and piping in the Day..................... Equipment that is Initiate repair of the
caustic system. leaking caustic. leaking equipment
within 72 hours from
the time that you
identify the caustic
leak.
10. All floors and other surfaces Half day................ A liquid mercury spill Take the required
where liquid mercury could or accumulation. action specified in
accumulate in cell rooms and other Table 3 to this
production facilities and in subpart.
mercury recovery facilities.

[[Page 377]]

11. Each electrolyzer bottom, Day..................... Equipment that is Take the required
electrolyzer side panel, end box, leaking liquid mercury. action specified in
mercury amalgam seal pot, Table 3 to this
decomposer, mercury pump, and subpart.
hydrogen cooler, and all other
vessels, piping, and equipment in
liquid mercury service in the cell
room.
12. Each decomposer and all hydrogen Half day................ Equipment that is Take the required
piping up to the hydrogen header. leaking hydrogen and/ action specified in
or mercury vapor. Table 3 to this
subpart.
13. All equipment in the hydrogen 3 months................ Equipment that is Take the required
system from the start of the header leaking hydrogen and/ action specified in
to the last control device. or mercury vapor. Table 3 to this
subpart.
----------------------------------------------------------------------------------------------------------------

Sec. Table 3 to Subpart IIIII of Part 63--Work Practice Standards--
Required Actions for Liquid Mercury Spills and Accumulations and
Hydrogen and Mercury Vapor Leaks

As stated in Sec.63.8192, you must meet the work practice
standards in the following table:

------------------------------------------------------------------------
During a required inspection or at
any other time, If you find . . . You must . . .

------------------------------------------------------------------------
1. A liquid mercury spill or a. Initiate clean up of the liquid
accumulation. mercury spill or accumulation as
soon as possible, but no later than
1 hour from the time you detect it.
b. Clean up liquid mercury using a
mercury vacuum cleaner or by using
an alternative method. If you use
an alternative method to clean up
liquid mercury, you must submit a
description of the method to the
Administrator in your Notification
of Compliance Status report.
c. If you use a mercury vacuum
cleaner, the vacuum cleaner must be
designed to prevent generation of
airborne mercury; you must cap the
ends of hoses after each use; and
after vacuuming, you must wash down
the area.
d. Inspect all equipment in liquid
mercury service in the surrounding
area to identify the source of the
liquid mercury within 1 hour from
the time you detect the liquid
mercury spill or accumulation.
e. If you identify leaking equipment
as the source of the spill or
accumulation, contain the dripping
mercury, stop the leak, and repair
the leaking equipment as specified
below.
f. If you cannot identify the source
of the liquid mercury spill or
accumulation, re-inspect the area
within 6 hours of the time you
detected the liquid mercury spill
or accumulation, or within 6 hours
of the last inspection of the area.
2. Equipment that is leaking a. Contain the liquid mercury
liquid mercury. dripping from the leaking equipment
by placing a container under the
leak within 30 minutes from the
time you identify the liquid
mercury leak.
b. The container must meet the
requirement for open-top containers
in Table 1 to this subpart.
c. Make a first attempt at stopping
the leak within 1 hour from the
time you identify the liquid
mercury leak.
d. Stop the leak and repair the
leaking equipment within 4 hours
from the time you identify the
liquid mercury leak.
e. You can delay repair of equipment
leaking liquid mercury if you
either isolate the leaking
equipment from the process so that
it does not remain in mercury
service; or determine that you
cannot repair the leaking equipment
without taking the cell off line,
provided that you contain the
dripping mercury at all times as
described above, and take the cell
off line as soon as practicable,
but no later than 48 hours from the
time you identify the leaking
equipment. You cannot place the
cell back into service until the
leaking equipment is repaired.
3. A decomposer or hydrogen system a. Make a first attempt at stopping
piping up to the hydrogen header the leak within 1 hour from the
that is leaking hydrogen and/or time you identify the hydrogen and/
mercury vapor. or mercury vapor leak.
b. Stop the leak and repair the
leaking equipment within 4 hours
from the time you identify the
hydrogen and/or mercury vapor leak.
c. You can delay repair of an
equipment leaking hydrogen and/or
mercury vapor if you isolate the
leaking equipment or take the cell
off line until you repair the
leaking equipment.
4. Equipment in the hydrogen a. Make a first attempt at stopping
system, from the start of the the leak within 4 hours from the
hydrogen header to the last time you identify the hydrogen and/
control device, that is leaking or mercury vapor leak.
hydrogen and/or mercury vapor.
b. Stop the leak and repair the
header within 24 hours from the
time you identify the hydrogen and/
or mercury vapor leak.

[[Page 378]]

c. You can delay repair of equipment
leaking hydrogen and/or mercury
vapor if you isolate the leaking
equipment.
------------------------------------------------------------------------

Sec. Table 4 to Subpart IIIII of Part 63--Work Practice Standards--
Requirements for Mercury Liquid Collection

As stated in Sec.63.8192, you must meet the work practice
standards in the following table:

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

----------------------------------------------------------------------------------------------------------------
You must collect liquid mercury At the following When collecting the mercury, you must meet these
from . . . intervals requirements
----------------------------------------------------------------------------------------------------------------
1. Open-top containers.......... a. At least once i. If you spill ii. From the time iii. Within 4
each 72 hours. liquid mercury that you collect hours from the
during collection liquid mercury time you collect
or transport, you into a temporary the liquid
must take the container until mercury, you must
action specified the time that you transfer it from
in Table 3 to store the liquid each temporary
this subpart for mercury, you must container to a
liquid mercury keep it covered storage container
spills and by an aqueous that meets the
accumulations. liquid. specifications in
Table 1 to this
subpart.
2. Vessels, low point drains, a. At least once See 1.a.i through
mercury knock-out pots, and each week. iii above.
other closed mercury collection
points.
3. All other equipment.......... a. Whenever See 1.a.i. through
maintenance iii above.
activities
require the
opening of the
equipment.
----------------------------------------------------------------------------------------------------------------

Sec. Table 5 to Subpart IIIII of Part 63--Required Elements of Floor-
Level Mercury Vapor Measurement and Cell Room Monitoring Plans

Your Floor-Level Mercury Vapor Measurement Plan required by Sec.
63.8192(d) and Cell Room Monitoring Plan required by Sec.63.8192(g)
must contain the elements listed in the following table:

------------------------------------------------------------------------
You must specify in your plan . .
. Additional requirements
------------------------------------------------------------------------
Floor-Level Mercury Vapor Measurement Plan
------------------------------------------------------------------------
1. Locations in the cell room The locations must be representative
where you will measure the level of the entire cell room floor area.
of mercury vapor. At a minimum you must measure the
level of mercury vapor above
mercury-containing cell room
equipment, as well as areas around
the cells, decomposes, or other
mercury-containing equipment.
2. Equipment or sampling and If an instrument or other equipment
analytical methods that you will is used, the plan must include
use to measure the level of manufacturer specifications and
mercury vapor. calibration procedures. The plan
must also include a description of
how you will ensure that the
instrument will be calibrated and
maintained according to
manufacturer specifications.

[[Page 379]]

3. Measurement frequency.......... Measurements must take place at
least once each half day.
4. Number of measurements......... At least three readings must be
taken at each sample location and
the average of these readings must
be recorded.
5. A floor-level mercury The action level may not be higher
concentration action level. than 0.05 mg/m\3\.
------------------------------------------------------------------------
Cell Room Monitoring Plan
------------------------------------------------------------------------
1. Details of your mercury
monitoring system.
2. How representative sampling Include some pre-plan measurements
will be conducted. to demonstrate the profile of
mercury concentration in the cell
room and how the selected sampling
locations ensure conducted
representativeness.
3. Quality assurance/quality Include a description of how you
control procedures for your will keep records or other means to
mercury monitoring system. demonstrate that the system is
operating properly.
4. Your action level.............. Include the background data used to
establish your level.
------------------------------------------------------------------------

Sec. Table 6 to Subpart IIIII of Part 63--Examples of Techniques for
Equipment Problem Identification, Leak Detection and Mercury Vapor

As stated in Tables 1 and 2 of Subpart IIIII, examples of techniques
for equipment problem identification, leak detection and mercury vapor
measurements can be found in the following table:

------------------------------------------------------------------------
You could use . . Principle of
To detect . . . . detection . . .
------------------------------------------------------------------------
1. Leaking vent hoses; liquid Visual inspections
mercury that is not covered by
an aqueous liquid in open-top
containers or end boxes; end
box covers or stoppers, amalgam
seal pot stoppers, or caustic
basket covers not securely in
place; cracks or spalling in
cell room floors, pillars, or
beams; caustic leaks; liquid
mercury accumulations or
spills; and equipment that is
leaking liquid mercury.
2. Equipment that is leaking a. Auditory and
hydrogen and/or mercury vapor visual
during inspections required by inspections
Table 2 to this subpart.
b. Portable A sample of gas is
mercury vapor drawn through a
analyzer--ultravi detection cell
olet light where ultraviolet
absorption light at 253.7
detector. nanometers (nm)
is directed
perpendicularly
through the
sample toward a
photodetector.
Elemental mercury
absorbs the
incident light in
proportion to its
concentration in
the air stream.
c. Portable A sample of gas is
mercury vapor drawn through a
analyzer--gold detection cell
film amalgamation containing a gold
detector. film detector.
Elemental mercury
amalgamates with
the gold film,
changing the
resistance of the
detector in
proportion to the
mercury
concentration in
the air sample.
d. Portable short- Ultraviolet light
wave ultraviolet is directed
light, toward a
fluorescent fluorescent
background--visua background
l indication. positioned behind
a suspected
source of mercury
emissions.
Elemental mercury
vapor absorbs the
ultraviolet
light, projecting
a dark shadow
image on the
fluorescent
background.
e. Portable
combustible gas
meter.
3. Level of mercury vapor in the a. Portable See Item 2.b.
cell room and other areas. mercury vapor
analyzer--ultravi
olet light
absorption
detector.
b. Portable See Item 2.c.
mercury vapor
analyzer--gold
film amalgamation
detector.

[[Page 380]]

c. Permanganate A known volume of
impingement. gas sample is
absorbed in
potassium
permanganate
solution.
Elemental mercury
in the solution
is determined
using a cold
vapor adsorption
analyzer, and the
concentration of
mercury in the
gas sample is
calculated.
------------------------------------------------------------------------

Sec. Table 7 to Subpart IIIII of Part 63--Required Elements of Washdown
Plans

As stated in Sec.63.8192, your written washdown plan must address
the elements contained in the following table:

------------------------------------------------------------------------
You must establish the
For each of the following areas . . . following as part of your plan
. . .
------------------------------------------------------------------------
1. Center aisles of cell rooms......... A description of the manner of
washdown of the area, and the
washdown frequency for the
area.
2. Electrolyzers
3. End boxes and areas under end boxes
4. Decomposers and areas under
decomposers
5. Caustic baskets and areas around
caustic baskets
6. Hydrogen system piping
7. Basement floor of cell rooms
8. Tanks
9. Pillars and beams in cell rooms
10. Mercury cell repair areas
11. Maintenance shop areas
12. Work tables
13. Mercury thermal recovery units
14. Storage areas for mercury-
containing wastes
------------------------------------------------------------------------

Sec. Table 8 to Subpart IIIII of Part 63--Requirements for Cell Room
Monitoring Program

As stated in Sec.63.8192(g)(1), your mercury monitoring system
must meet the requirements contained in the following table:

------------------------------------------------------------------------
If you utilize an . . . Your . . . Must . . .
------------------------------------------------------------------------
1. Extractive cold vapor a. Mercury vapor Be capable of
spectroscopy system. analyzer. continuously
monitoring the
elemental mercury
concentration with a
detection level at
least two times
lower than the
baseline mercury
concentration in the
cell room.
b. Sampling Obtain measurements
system. at three or more
locations along the
center aisle of the
cell room at a
height sufficient to
ensure that sample
is representative of
the entire cell
room. One sampling
location must be
above the midpoint
of the center aisle,
and the other two an
equidistance between
the midpoint and the
end of the cells.
2. Open path differential a. Mercury vapor Be capable of
optical absorption analyzer. continuously
spectroscopy system. monitoring the
elemental mercury
concentration with a
detection level at
least two times
lower than the
baseline mercury
concentration in the
cell room.
b. Path.......... Be directed along the
center aisle at a
height sufficient to
ensure that the
sample is
representative of
the entire cell
room.
------------------------------------------------------------------------

Sec. Table 9 to Subpart IIIII of Part 63--Required Records for Work
Practice Standards

As stated in Sec.63.8256(c), you must keep the records (related to
the work practice standards) specified in the following table:

------------------------------------------------------------------------
You must record the following
For each . . . information . . .
------------------------------------------------------------------------
1. Inspection required by Table 2 to Date and time the inspection
this subpart. was conducted.

[[Page 381]]

2. Situation found during an inspection a. Description of the
required by Table 2 to this subpart: condition.
leaking vent hose; open-top container b. Location of the condition.
where liquid mercury is not covered by c. Date and time you identify
an aqueous liquid; end box cover that the condition.
is not securely in place; end box d. Description of the
stopper that is not securely in place; corrective action taken.
end box where liquid mercury is not e. Date and time you
covered by an aqueous liquid at a successfully complete the
temperature below boiling; seal pot corrective action.
cover that is not securely in place;
open or mercury seal pot stopper that
is not securely in place; crack,
spalling, or other deficiency in a
cell room floor, pillar, or beam that
could cause liquid mercury to become
trapped; or caustic basket that is not
securely in place.
3. Caustic leak during an inspection a. Location of the leak.
required by Table 2 to this subpart. b. Date and time you identify
the leak.
c. Date and time you
successfully stop the leak and
repair the leaking equipment.
4. Liquid mercury spill or accumulation a. Location of the liquid
identified during an inspection mercury spill or accumulation.
required by Table 2 to this subpart or b. Estimate of the weight of
at any other time. liquid mercury.
c. Date and time you detect the
liquid mercury spill or
accumulation.
d. Method you use to clean up
the liquid mercury spill or
accumulation.
e. Date and time when you clean
up the liquid mercury spill or
accumulation.
f. Source of the liquid mercury
spill or accumulation.
g. If the source of the liquid
mercury spill or accumulation
is not identified, the time
when you reinspect the area.
5. Liquid mercury leak or hydrogen leak a. Location of the leak.
identified during an inspection b. Date and time you identify
required by Table 2 to this subpart or the leak.
at any other time. c. If the leak is a liquid
mercury leak, the date and
time that you successfully
contain the dripping liquid
mercury.
d. Date and time you first
attempt to stop the leak.
e. Date and time you
successfully stop the leak and
repair the leaking equipment.
f. If you take a cell off line
or isolate the leaking
equipment, the date and time
you take the cell off line or
isolate the leaking equipment,
and the date and time you put
the cell or isolated equipment
back into service.
6. Occasion for which it is not a. Reason for not being able to
possible to perform the design, perform each procedure
operation and maintenance procedures determined to be not possible.
required by Item 2 of Table 1 to this b. Actions taken to reduce or
subpart. prevent mercury emissions, in
lieu of the requirements in
Table 1 to this subpart.
------------------------------------------------------------------------

Sec. Table 10 to Subpart IIIII of Part 63--Applicability of General
Provisions to Subpart IIIII

As stated in Sec.63.8262, you must comply with the applicable
General Provisions requirements according to the following table:

----------------------------------------------------------------------------------------------------------------
Applies to Subpart
Citation Subject IIIII Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1.......................... Applicability.......... Yes....................
Sec. 63.2.......................... Definitions............ Yes....................
Sec. 63.3.......................... Units and Abbreviations Yes....................
Sec. 63.4.......................... Prohibited Activities.. Yes....................
Sec. 63.5.......................... Construction/ Yes....................
Reconstruction.
Sec. 63.6(a)-(g), (i), (j)......... Compliance with Yes....................
Standards and
Maintenance
Requirements.
Sec. 63.6(h)....................... Compliance with Opacity No..................... Subpart IIIII does not
and Visible Emission have opacity and
Standards. visible emission
standards.
Sec. 63.7(a)(1), (b)-(h)........... Performance Testing Yes.................... Subpart IIIII specifies
Requirements. additional
requirements related
to site-specific test
plans and the conduct
of performance tests.
Sec. 63.7(a)(2).................... Applicability and No..................... Subpart IIIII requires
Performance Test Dates. the performance test
to be performed on the
compliance date.
Sec. 63.8(a)(1), (a)(3); (b); Monitoring Requirements Yes....................
(c)(1)-(4), (6)-(8); (d); (e); and
(f)(1)-(5).

[[Page 382]]

Sec. 63.8(a)(2).................... Continuous Monitoring No..................... Subpart IIIII requires
System (CMS) a site-specific
Requirements. monitoring plan in
lieu of a promulgated
performance
specification for a
mercury concentration
CMS.
Sec. 63.8(a)(4).................... Additional Monitoring No..................... Subpart IIIII does not
Requirements for require flares.
Control Devices in
Sec. 63.11.
Sec. 63.8(c)(5).................... COMS Minimum Procedures No..................... Subpart IIIII does not
have opacity and
visible emission
standards.
Sec. 63.8(f)(6).................... Alternative to Relative No..................... Subpart IIIII does not
Accuracy Test. require CEMS.
Sec. 63.8(g)....................... Data Reduction......... No..................... Subpart IIIII specifies
mercury concentration
CMS data reduction
requirements.
Sec. 63.9(a)-(e), (g)-(j).......... Notification Yes....................
Requirements.
Sec. 63.9(f)....................... Notification of VE/ No..................... Subpart IIIII does not
Opacity Test. have opacity and
visible emission
standards.
Sec. 63.10(a); (b)(1); (b)(2)(i)- Recordkeeping/Reporting Yes....................
(xii), (xiv); (b)(3); (c); (d)(1)-
(2), (4)-(5); (e); (f).
Sec. 63.10(b)(2)(xiii)............. CMS Records for RATA No..................... Subpart IIIII does not
Alternative. require CEMS.
Sec. 63.10(d)(3)................... Reporting Opacity or VE No..................... Subpart IIIII does not
Observations. have opacity and
visible emission
standards.
Sec. 63.11......................... Flares................. No..................... Subpart IIIII does not
require flares.
Sec. 63.12......................... Delegation............. Yes....................
Sec. 63.13......................... Addresses.............. Yes....................
Sec. 63.14......................... Incorporation by Yes....................
Reference.
Sec. 63.15......................... Availability of Yes....................
Information.
----------------------------------------------------------------------------------------------------------------

Subpart JJJJJ_National Emission Standards for Hazardous Air Pollutants
for Brick and Structural Clay Products Manufacturing

Source: 80 FR 65520, Oct. 26, 2015, unless otherwise noted.

What This Subpart Covers

Sec.63.8380 What is the purpose of this subpart?

This subpart establishes national emission limitations for hazardous
air pollutants (HAP) emitted from brick and structural clay products
(BSCP) manufacturing facilities. This subpart also establishes
requirements to demonstrate initial and continuous compliance with the
emission limitations.

Sec.63.8385 Am I subject to this subpart?

You are subject to this subpart if you own or operate a BSCP
manufacturing facility that is, is located at, or is part of, a major
source of HAP emissions according to the criteria in paragraphs (a) and
(b) of this section.
(a) A BSCP manufacturing facility is a plant site that manufactures
brick (including, but not limited to, face brick, structural brick, and
brick pavers); clay pipe; roof tile; extruded floor and wall tile; and/
or other extruded, dimensional clay products. Brick and structural clay
products manufacturing facilities typically process raw clay and shale,
form the processed materials into bricks or shapes, and dry and fire the
bricks or shapes. A plant site that manufactures refractory products, as
defined in Sec.63.9824, or clay ceramics, as defined in Sec.63.8665,
is not a BSCP manufacturing facility.
(b) A major source of HAP emissions is any stationary source or
group of stationary sources within a contiguous area under common
control that emits or has the potential to emit any single HAP at a rate
of 9.07 megagrams (10 tons) or more per year or any combination of HAP
at a rate of 22.68 megagrams (25 tons) or more per year.

[[Page 383]]

Sec.63.8390 What parts of my plant does this subpart cover?

(a) This subpart applies to each existing, new, or reconstructed
affected source at a BSCP manufacturing facility.
(b) For the purposes of this subpart, the affected sources are
described in paragraphs (b)(1) and (2) of this section.
(1) All tunnel kilns at a BSCP manufacturing facility are an
affected source. For the remainder of this subpart, a tunnel kiln with a
design capacity equal to or greater than 9.07 megagrams per hour (Mg/hr)
(10 tons per hour (tph)) of fired product will be called a large tunnel
kiln, and a tunnel kiln with a design capacity less than 9.07 Mg/hr (10
tph) of fired product will be called a small tunnel kiln.
(2) Each periodic kiln is an affected source.
(c) Process units not subject to the requirements of this subpart
are listed in paragraphs (c)(1) through (4) of this section.
(1) Kilns that are used exclusively for setting glazes on previously
fired products are not subject to the requirements of this subpart.
(2) Raw material processing and handling.
(3) Dryers.
(4) Sources covered by subparts KKKKK and SSSSS of this part.
(d) A source is a new affected source if construction of the
affected source began after December 18, 2014, and you met the
applicability criteria at the time you began construction.
(e) An affected source is reconstructed if you meet the criteria as
defined in Sec.63.2.
(f) An affected source is existing if it is not new or
reconstructed.

Sec.63.8395 When do I have to comply with this subpart?

(a) You must comply with this subpart no later than the compliance
dates in Table 7 to this subpart.
(b) You must meet the notification requirements in Sec.63.8480
according to the schedule in Sec.63.8480 and in subpart A of this
part. Some of the notifications must be submitted before you are
required to comply with the emission limitations in this subpart.

Emission Limitations and Work Practice Standards

Sec.63.8405 What emission limitations and work practice standards
must I meet?

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

Sec.63.8410 What are my options for meeting the emission limitations
and work practice standards?

(a) To meet the emission limitations in Tables 1 and 2 to this
subpart, you must use one or more of the options listed in paragraphs
(a)(1) and (2) of this section.
(1) Emissions control system. Use an emissions capture and
collection system and an air pollution control device (APCD) and
demonstrate that the resulting emissions meet the emission limits in
Table 1 to this subpart, and that the capture and collection system and
APCD meet the applicable operating limits in Table 2 to this subpart.
(2) Process changes. Use low-HAP raw materials or implement
manufacturing process changes and demonstrate that the resulting
emissions or emissions reductions meet the emission limits in Table 1 to
this subpart.
(b) To meet the work practice standards for affected periodic kilns,
you must comply with the requirements listed in Table 3 to this subpart.
(c) To meet the work practice standards for dioxins/furans for
affected tunnel kilns, you must comply with the requirements listed in
Table 3 to this subpart.
(d) To meet the work practice standards for affected tunnel kilns
during periods of startup and shutdown, you must comply with the
requirements listed in Table 3 to this subpart.

[[Page 384]]

General Compliance Requirements

Sec.63.8420 What are my general requirements for complying with
this subpart?

(a) You must be in compliance with the emission limitations
(including operating limits) in this subpart at all times, except during
periods that you are approved for and in compliance with the alternative
standard for routine control device maintenance as specified in
paragraph (d) of this section, and except during periods of start-up and
shutdown, at which time you must comply with the applicable work
practice standard specified in Table 3 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 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. During the period between the compliance date specified for your
affected source in Sec.63.8395 and the date upon which continuous
monitoring systems (CMS) (e.g., continuous parameter monitoring systems)
have been installed and verified and any applicable operating limits
have been set, you must maintain a log detailing the operation and
maintenance of the process and emissions control equipment.
(c) For each affected kiln that is subject to the emission limits
specified in Table 1 to this subpart, you must prepare and implement a
written operation, maintenance, and monitoring (OM&M) plan according to
the requirements in Sec.63.8425.
(d) If you own or operate an affected kiln that is subject to the
emission limits specified in Table 1 to this subpart and must perform
routine maintenance on the control device for that kiln, you may bypass
the kiln control device and continue operating the kiln subject to the
alternative standard established in this paragraph upon approval by the
Administrator and provided you satisfy the conditions listed in
paragraphs (d)(1) through (5) of this section.
(1) You must request to use the routine control device maintenance
alternative standard from the Administrator no later than 120 calendar
days before the compliance date specified in Sec.63.8395. Your request
must justify the need for the routine maintenance on the control device
and the time required to accomplish the maintenance activities, describe
the maintenance activities and the frequency of the maintenance
activities, explain why the maintenance cannot be accomplished during
kiln shutdowns, provide information stating whether the continued
operation of the affected source will result in fewer emissions than
shutting the source down while the maintenance is performed, describe
how you plan to comply with paragraph (b) of this section during the
maintenance, and provide any other documentation required by the
Administrator.
(2) The routine control device maintenance must not exceed 4 percent
of the annual operating uptime for each kiln.
(3) The request for the routine control device maintenance
alternative standard, if approved by the Administrator, must be
incorporated by reference in and attached to the affected source's title
V permit.
(4) You must minimize HAP emissions during the period when the kiln
is operating and the control device is offline by complying with the
applicable standard in Table 3 to this subpart.
(5) You must minimize the time period during which the kiln is
operating and the control device is offline.
(e) You must be in compliance with the work practice standards in
this subpart at all times.
(f) You must be in compliance with the provisions of subpart A of
this part,

[[Page 385]]

except as noted in Table 10 to this subpart.

Sec.63.8425 What do I need to know about operation, maintenance,
and monitoring plans?

(a) For each affected kiln that is subject to the emission limits
specified in Table 1 to this subpart, you must prepare, implement, and
revise as necessary an OM&M plan that includes the information in
paragraph (b) of this section. Your OM&M plan must be available for
inspection by the delegated authority upon request.
(b) Your OM&M plan must include, as a minimum, the information in
paragraphs (b)(1) through (13) of this section.
(1) Each process and APCD to be monitored, the type of monitoring
device that will be used, and the operating parameters that will be
monitored.
(2) A monitoring schedule that specifies the frequency that the
parameter values will be determined and recorded.
(3) The limits for each parameter that represent continuous
compliance with the emission limitations in Sec.63.8405. The limits
must be based on values of the monitored parameters recorded during
performance tests.
(4) Procedures for the proper operation and routine and long-term
maintenance of each APCD, including a maintenance and inspection
schedule that is consistent with the manufacturer's recommendations.
(5) Procedures for installing the CMS sampling probe or other
interface at a measurement location relative to each affected process
unit such that the measurement is representative of control of the
exhaust emissions (e.g., on or downstream of the last APCD).
(6) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer,
and the data collection and reduction system.
(7) Continuous monitoring system performance evaluation procedures
and acceptance criteria (e.g., calibrations).
(8) Procedures for the proper operation and maintenance of
monitoring equipment consistent with the requirements in Sec. Sec.
63.8450 and 63.8(c)(1), (3), (7), and (8).
(9) Continuous monitoring system data quality assurance procedures
consistent with the requirements in Sec.63.8(d)(1) and (2). The owner
or operator shall keep these written procedures on record for the life
of the affected source or until the affected source is no longer subject
to the provisions of this part, to be made available for inspection,
upon request, by the Administrator. If the performance evaluation plan
in Sec.63.8(d)(2) is revised, the owner or operator shall keep
previous (i.e., superseded) versions of the performance evaluation plan
on record to be made available for inspection, upon request, by the
Administrator, for a period of 5 years after each revision to the plan.
The program of corrective action should be included in the plan required
under Sec.63.8(d)(2).
(10) Continuous monitoring system recordkeeping and reporting
procedures consistent with the requirements in Sec. Sec.63.8485 and
63.8490.
(11) Procedures for responding to operating parameter deviations,
including the procedures in paragraphs (b)(11)(i) through (iii) of this
section.
(i) Procedures for determining the cause of the operating parameter
deviation.
(ii) Actions necessary for correcting the deviation and returning
the operating parameters to the allowable limits.
(iii) Procedures for recording the times that the deviation began
and ended and corrective actions were initiated and completed.
(12) Procedures for keeping records to document compliance.
(13) If you operate an affected kiln and you plan to take the kiln
control device out of service for routine maintenance, as specified in
Sec.63.8420(d), the procedures specified in paragraphs (b)(13)(i) and
(ii) of this section.
(i) Procedures for minimizing HAP emissions from the kiln during
periods of routine maintenance of the kiln control device when the kiln
is operating and the control device is offline.
(ii) Procedures for minimizing the duration of any period of routine
maintenance on the kiln control device when the kiln is operating and
the control device is offline.

[[Page 386]]

(c) Changes to the operating limits in your OM&M plan require a new
performance test. If you are revising an operating limit parameter
value, you must meet the requirements in paragraphs (c)(1) and (2) of
this section.
(1) Submit a notification of performance test to the Administrator
as specified in Sec.63.7(b).
(2) After completing the performance tests to demonstrate that
compliance with the emission limits can be achieved at the revised
operating limit parameter value, you must submit the performance test
results and the revised operating limits as part of the Notification of
Compliance Status required under Sec.63.9(h).
(d) If you are revising the inspection and maintenance procedures in
your OM&M plan, you do not need to conduct a new performance test.

Testing and Initial Compliance Requirements

Sec.63.8435 By what date must I conduct performance tests?

For each affected kiln that is subject to the emission limits
specified in Table 1 to this subpart, you must conduct performance tests
within 180 calendar days after the compliance date that is specified for
your source in Sec.63.8395 and according to the provisions in Sec.
63.7(a)(2).

Sec.63.8440 When must I conduct subsequent performance tests?

(a) For each affected kiln that is subject to the emission limits
specified in Table 1 to this subpart, you must conduct a performance
test before renewing your 40 CFR part 70 operating permit or at least
every 5 years following the initial performance test.
(b) You must conduct a performance test when you want to change the
parameter value for any operating limit specified in your OM&M plan.

Sec.63.8445 How do I conduct performance tests and establish operating limits?

(a) You must conduct each performance test in Table 4 to this
subpart that applies to you.
(b) Before conducting the performance test, you must install and
calibrate all monitoring equipment.
(c) Each performance test must be conducted according to the
requirements in Sec.63.7 and under the specific conditions in Table 4
to this subpart.
(d) Performance tests shall be conducted under such conditions as
the Administrator specifies to you based on representative performance
of the affected source for the period being tested. Representative
conditions exclude periods of startup and shutdown. You may not conduct
performance tests during periods of malfunction. You 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, you shall
make available to the Administrator such records as may be necessary to
determine the conditions of performance tests.
(e) You must conduct at least three separate test runs for each
performance test required in this section, as specified in Sec.
63.7(e)(3). Each test run must last at least 1 hour.
(f) You must use the data gathered during the performance test and
the equations in paragraphs (f)(1) and (2) of this section to determine
compliance with the emission limitations.
(1) To determine compliance with the production-based particulate
matter (PM) and mercury (Hg) emission limits in Table 1 to this subpart,
you must calculate your mass emissions per unit of production for each
test run using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR26OC15.014

[[Page 387]]

Where:

MP = mass per unit of production, kilograms (pounds) of pollutant per
megagram (ton) of fired product
ER = mass emission rate of pollutant (PM or Hg) during each performance
test run, kilograms (pounds) per hour
P = production rate during each performance test run, megagrams (tons)
of fired product per hour.

(2) To determine compliance with the health-based standard for acid
gas HAP for BSCP manufacturing facilities in Table 1 to this subpart,
you must:
(i) Calculate the HCl-equivalent emissions for HF, HCl, and
Cl2 for each tunnel kiln at your facility using Equation 2:
[GRAPHIC] [TIFF OMITTED] TR26OC15.015

Where:

Ei = HCl-equivalent emissions for kiln i, kilograms (pounds)
per hour
EHCl = emissions of HCl, kilograms (pounds) per hour
EHF = emissions of HF, kilograms (pounds) per hour
ECl2 = emissions of Cl2, kilograms (pounds) per
hour
RfCHCl = reference concentration for HCl, 20 micrograms per
cubic meter
RfCHF = reference concentration for HF, 14 micrograms per
cubic meter
RfCCl2 = reference concentration for Cl2, 0.15
micrograms per cubic meter

(ii) If you have multiple tunnel kilns at your facility, sum the
HCl-equivalent values for all tunnel kilns at the facility using
Equation 3:
[GRAPHIC] [TIFF OMITTED] TR26OC15.016

Where:

Etotal = HCl-equivalent emissions for total of all kilns at
facility, kilograms (pounds) per hour
Ei = HCl-equivalent emissions for kiln i, kilograms (pounds)
per hour
n = number of tunnel kilns at facility

(iii) Compare this value to the health-based standard in Table 1 to
this subpart.
(g) You must establish each site-specific operating limit in Table 2
to this subpart that applies to you as specified in paragraph (g)(1) of
this section and in Table 4 to this subpart.
(1)(i) If you do not have an APCD installed on your kiln, calculate
the maximum potential HCl-equivalent emissions for HF, HCl, and
Cl2 for each tunnel kiln at your facility using Equation 4:
[GRAPHIC] [TIFF OMITTED] TR26OC15.017

Where:

Emax i = maximum potential HCl-equivalent emissions for kiln
i, kilograms (pounds) per hour
Capi = design capacity for kiln i, megagrams (tons) of fired
product per hour
MPiHCl = mass of HCl per unit of production for kiln i,
kilograms (pounds) of HCl per megagram (ton) of fired product

[[Page 388]]

MPiHF = mass of HF per unit of production for kiln i,
kilograms (pounds) of HF per megagram (ton) of fired product
MPiCl2 = mass of Cl2 per unit of production for
kiln i, kilograms (pounds) of Cl2 per megagram
(ton) of fired product
RfCHCl = reference concentration for HCl, 20 micrograms per
cubic meter
RfCHF = reference concentration for HF, 14 micrograms per
cubic meter
RfCCl2 = reference concentration for Cl2, 0.15
micrograms per cubic meter

(ii) If you have multiple tunnel kilns at your facility, sum the
maximum potential HCl-equivalent values for all tunnel kilns at the
facility using Equation 5:
[GRAPHIC] [TIFF OMITTED] TR26OC15.018

Where:

Emax total = maximum potential HCl-equivalent emissions for
total of all kilns at facility, kilograms (pounds) per hour
Emax i = maximum potential HCl-equivalent emissions for kiln
i, kilograms (pounds) per hour
n = number of tunnel kilns at facility

(iii) If you have a single tunnel kiln at your facility and the
total facility maximum potential HCl-equivalent emissions
(Emax total) are greater than the HCl-equivalent limit in
Table 1 to this subpart, determine the maximum process rate for the
tunnel kiln using Equation 6 that would ensure the total facility
maximum potential HCl-equivalent emissions remain at or below the HCl-
equivalent limit. The maximum process rate would become your operating
limit for process rate and must be included in your OM&M plan.
[GRAPHIC] [TIFF OMITTED] TR26OC15.019

Where:

Pmax i = maximum process rate for kiln i, megagrams (tons)
per hour
HCl-eq = HCl-equivalent limit in Table 1 to this subpart, 26 kilograms
(57 pounds) per hour
MPiHCl = mass of HCl per unit of production for kiln i,
kilograms (pounds) of HCl per megagram (ton) of fired product
MPiHF = mass of HF per unit of production for kiln i,
kilograms (pounds) of HF per megagram (ton) of fired product
MPiCl2 = mass of Cl2 per unit of production for
kiln i, kilograms (pounds) of Cl2 per megagram
(ton) of fired product
RfCHCl = reference concentration for HCl, 20 micrograms per
cubic meter
RfCHF = reference concentration for HF, 14 micrograms per
cubic meter
RfCCl2 = reference concentration for Cl2, 0.15
micrograms per cubic meter

(iv) If you have multiple tunnel kilns at your facility and the
total facility maximum potential HCl-equivalent emissions
(Emax total) are greater than the HCl-equivalent limit in
Table 1 to this subpart, determine the combination of maximum process
rates that would ensure that total facility maximum potential HCl-
equivalent remains at or below the HCl-equivalent limit. The maximum
process rates would become your operating limits for process rate and
must be included in your OM&M plan.
(2) [Reserved]
(h) For each affected kiln that is subject to the emission limits
specified in Table 1 to this subpart and is equipped with an APCD that
is not addressed in Table 2 to this subpart or that is using process
changes as a means of meeting the emission limits in Table 1 to this

[[Page 389]]

subpart, you must meet the requirements in Sec.63.8(f) and paragraphs
(h)(1) and (2) of this section.
(1) Submit a request for approval of alternative monitoring
procedures to the Administrator no later than the notification of intent
to conduct a performance test. The request must contain the information
specified in paragraphs (h)(1)(i) through (iv) of this section.
(i) A description of the alternative APCD or process changes.
(ii) The type of monitoring device or procedure that will be used.
(iii) The operating parameters that will be monitored.
(iv) The frequency that the operating parameter values will be
determined and recorded to establish continuous compliance with the
operating limits.
(2) Establish site-specific operating limits during the performance
test based on the information included in the approved alternative
monitoring procedures request and, as applicable, as specified in Table
4 to this subpart.

Sec.63.8450 What are my monitoring installation, operation,
and maintenance requirements?

(a) You must install, operate, and maintain each CMS according to
your OM&M plan and the requirements in paragraphs (a)(1) through (5) of
this section.
(1) Conduct a performance evaluation of each CMS according to your
OM&M plan.
(2) The CMS must complete a minimum of one cycle of operation for
each successive 15-minute period. To have a valid hour of data, you must
have at least three of four equally spaced data values (or at least 75
percent if you collect more than four data values per hour) for that
hour (not including startup, shutdown, malfunction, out-of-control
periods, or periods of routine control device maintenance covered by the
routine control device maintenance alternative standard as specified in
Sec.63.8420(d)).
(3) Determine and record the 3-hour block averages of all recorded
readings, calculated after every 3 hours of operation as the average of
the previous 3 operating hours. To calculate the average for each 3-hour
average period, you must have at least 75 percent of the recorded
readings for that period (not including startup, shutdown, malfunction,
out-of-control periods, or periods of routine control device maintenance
covered by the routine control device maintenance alternative standard
as specified in Sec.63.8420(d)).
(4) Record the results of each inspection, calibration, and
validation check.
(5) At all times, maintain the monitoring equipment including, but
not limited to, maintaining necessary parts for routine repairs of the
monitoring equipment.
(b) For each liquid flow measurement device, you must meet the
requirements in paragraphs (a)(1) through (5) and paragraphs (b)(1)
through (3) of this section.
(1) Locate the flow sensor in a position that provides a
representative flowrate.
(2) Use a flow sensor with a minimum measurement sensitivity of 2
percent of the liquid flowrate.
(3) At least semiannually, conduct a flow sensor calibration check.
(c) For each pressure measurement device, you must meet the
requirements in paragraphs (a)(1) through (5) and paragraphs (c)(1)
through (7) of this section.
(1) Locate the pressure sensor(s) in or as close to a position that
provides a representative measurement of the pressure.
(2) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion.
(3) Use a gauge with a minimum measurement sensitivity of 0.5 inch
of water or a transducer with a minimum measurement sensitivity of 1
percent of the pressure range.
(4) Check the pressure tap daily to ensure that it is not plugged.
(5) Using a manometer, check gauge calibration quarterly and
transducer calibration monthly.
(6) Any time the sensor exceeds the manufacturer's specified maximum
operating pressure range, conduct calibration checks or install a new
pressure sensor.
(7) At least monthly, inspect all components for integrity, all
electrical connections for continuity, and all mechanical connections
for leakage.

[[Page 390]]

(d) For each pH measurement device, you must meet the requirements
in paragraphs (a)(1) through (5) and paragraphs (d)(1) through (4) of
this section.
(1) Locate the pH sensor in a position that provides a
representative measurement of pH.
(2) Ensure the sample is properly mixed and representative of the
fluid to be measured.
(3) Check the pH meter's calibration at one point daily.
(4) At least monthly, inspect all components for integrity and all
electrical connections for continuity.
(e) For each bag leak detection system, you must meet the
requirements in paragraphs (e)(1) through (11) of this section.
(1) Each triboelectric bag leak detection system must be installed,
calibrated, operated, and maintained according to EPA-454/R-98-015,
``Fabric Filter Bag Leak Detection Guidance,'' (incorporated by
reference, see Sec.63.14). Other types of bag leak detection systems
must be installed, operated, calibrated, and maintained in a manner
consistent with the manufacturer's written specifications and
recommendations.
(2) The bag leak detection system must be certified by the
manufacturer to be capable of detecting PM emissions at concentrations
of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic
foot) or less.
(3) The bag leak detection system sensor must provide an output of
relative PM loadings.
(4) The bag leak detection system must be equipped with a device to
continuously record the output signal from the sensor.
(5) The bag leak detection system must be equipped with an audible
alarm system that will sound automatically when an increase in relative
PM emissions over a preset level is detected. The alarm must be located
where it is easily heard by plant operating personnel.
(6) For positive pressure fabric filter systems, a bag leak detector
must be installed in each baghouse compartment or cell.
(7) For negative pressure or induced air fabric filters, the bag
leak detector must be installed downstream of the fabric filter.
(8) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
(9) The baseline output must be established by adjusting the range
and the averaging period of the device and establishing the alarm set
points and the alarm delay time according to section 5.0 of the EPA-454/
R-98-015, ``Fabric Filter Bag Leak Detection Guidance,'' (incorporated
by reference, see Sec.63.14).
(10) Following initial adjustment of the system, the sensitivity or
range, averaging period, alarm set points, or alarm delay time may not
be adjusted except as detailed in your OM&M plan. In no case may the
sensitivity be increased by more than 100 percent or decreased more than
50 percent over a 365-day period unless such adjustment follows a
complete fabric filter inspection that demonstrates that the fabric
filter is in good operating condition, as defined in section 5.2 of the
``Fabric Filter Bag Leak Detection Guidance,'' (incorporated by
reference, see Sec.63.14). Record each adjustment.
(11) Record the results of each inspection, calibration, and
validation check.
(f) For each lime, chemical, or carbon feed rate measurement device,
you must meet the requirements in paragraphs (a)(1) through (5) and
paragraphs (f)(1) and (2) of this section.
(1) Locate the measurement device in a position that provides a
representative feed rate measurement.
(2) At least semiannually, conduct a calibration check.
(g) For each limestone feed system on a dry limestone adsorber
(DLA), you must meet the requirements in paragraphs (a)(1), (4), and (5)
of this section and must ensure on a monthly basis that the feed system
replaces limestone at least as frequently as the schedule set during the
performance test.
(h) For each temperature measurement device, you must meet the
requirements in paragraphs (a)(1) through (5) and paragraphs (h)(1)
through (3) of this section.

[[Page 391]]

(1) Locate the measurement device in a position that provides a
representative temperature.
(2) Use a measurement device with a minimum sensitivity of 1 percent
of the temperature being measured.
(3) At least semiannually, conduct a calibration check.
(i) Requests for approval of alternate monitoring procedures must
meet the requirements in Sec. Sec.63.8445(h) and 63.8(f).

Sec.63.8455 How do I demonstrate initial compliance with the
emission limitations and work practice standards?

(a) You must demonstrate initial compliance with each emission
limitation and work practice standard that applies to you according to
Table 5 to this subpart.
(b) You must establish each site-specific operating limit in Table 2
to this subpart that applies to you according to the requirements in
Sec.63.8445 and Table 4 to this subpart.
(c) You must submit the Notification of Compliance Status containing
the results of the initial compliance demonstration according to the
requirements in Sec.63.8480(c).

Continuous Compliance Requirements

Sec.63.8465 How do I monitor and collect data to demonstrate
continuous compliance?

(a) You must monitor and collect data according to this section.
(b) Except for periods of monitor malfunctions, associated repairs,
and required quality assurance or control activities (including, as
applicable, calibration checks and required zero and span adjustments),
you must monitor continuously (or collect data at all required
intervals) at all times that the affected source is operating. This
includes periods of startup, shutdown, malfunction, and routine control
device maintenance as specified in Sec.63.8420(d) when the affected
source is operating.
(c) You may not use data recorded during monitoring malfunctions,
associated repairs, out-of-control periods, or required quality
assurance or control activities for purposes of calculating data
averages. You must use all the valid data collected during all other
periods in assessing compliance. Any averaging period for which you do
not have valid monitoring data and such data are required constitutes a
deviation from the monitoring requirements.

Sec.63.8470 How do I demonstrate continuous compliance with the
emission limitations and work practice standards?

(a) You must demonstrate continuous compliance with each emission
limit, operating limit, and work practice standard in Tables 1, 2, and 3
to this subpart that applies to you according to the methods specified
in Table 6 to this subpart.
(b) For each affected kiln that is subject to the emission limits
specified in Table 1 to this subpart and is equipped with an APCD that
is not addressed in Table 2 to this subpart, or that is using process
changes as a means of meeting the emission limits in Table 1 to this
subpart, you must demonstrate continuous compliance with each emission
limit in Table 1 to this subpart, and each operating limit established
as required in Sec.63.8445(h)(2) according to the methods specified in
your approved alternative monitoring procedures request, as described in
Sec. Sec.63.8445(h)(1) and 63.8(f).
(c) You must report each instance in which you did not meet each
emission limit and each operating limit in this subpart that applies to
you. These instances are deviations from the emission limitations in
this subpart. These deviations must be reported according to the
requirements in Sec.63.8485(c)(9).
(d) [Reserved]
(e)(1) VE testing. You must demonstrate continuous compliance with
the operating limits in Table 2 to this subpart for visible emissions
(VE) from tunnel kilns that are uncontrolled or equipped with DLA, dry
lime injection fabric filter (DIFF), dry lime scrubber/fabric filter
(DLS/FF), or other dry control device by monitoring VE at each kiln
stack according to the requirements in paragraphs (e)(1)(i) through (v)
of this section.
(i) Perform daily VE observations of each kiln stack according to
the procedures of Method 22 of 40 CFR part 60, appendix A-7. You must
conduct the

[[Page 392]]

Method 22 test while the affected source is operating under normal
conditions. The duration of each Method 22 test must be at least 15
minutes.
(ii) If VE are observed during any daily test conducted using Method
22 of 40 CFR part 60, appendix A-7, you must promptly conduct an opacity
test, according to the procedures of Method 9 of 40 CFR part 60,
appendix A-4. If opacity greater than 10 percent is observed, you must
initiate and complete corrective actions according to your OM&M plan.
(iii) You may decrease the frequency of Method 22 testing from daily
to weekly for a kiln stack if one of the conditions in paragraph
(e)(1)(iii)(A) or (B) of this section is met.
(A) No VE are observed in 30 consecutive daily Method 22 tests for
any kiln stack; or
(B) No opacity greater than 10 percent is observed during any of the
Method 9 tests for any kiln stack.
(iv) If VE are observed during any weekly test and opacity greater
than 10 percent is observed in the subsequent Method 9 test, you must
promptly initiate and complete corrective actions according to your OM&M
plan, resume testing of that kiln stack following Method 22 of 40 CFR
part 60, appendix A-7, on a daily basis, as described in paragraph
(e)(1)(i) of this section, and maintain that schedule until one of the
conditions in paragraph (e)(1)(iii)(A) or (B) of this section is met, at
which time you may again decrease the frequency of Method 22 testing to
a weekly basis.
(v) If greater than 10 percent opacity is observed during any test
conducted using Method 9 of 40 CFR part 60, appendix A-4, you must
report these deviations by following the requirements in Sec.63.8485.
(2) Alternative to VE testing. In lieu of meeting the requirements
under paragraph (e)(1) of this section, you may conduct a PM test at
least once every year following the initial performance test, according
to the procedures of Method 5 of 40 CFR part 60, appendix A-3, and the
provisions of Sec.63.8445(e) and (f)(1).

Notifications, Reports, and Records

Sec.63.8480 What notifications must I submit and when?

(a) You must submit all of the notifications in Sec. Sec.63.7(b)
and (c), 63.8(f)(4), and 63.9(b) through (e), (g)(1), and (h) that apply
to you, by the dates specified.
(b) You must submit all of the notifications specified in Table 8 to
this subpart that apply to you, by the dates specified.
(c) If you are required to conduct a performance test or other
initial compliance demonstration as specified in Tables 4 and 5 to this
subpart, your Notification of Compliance Status as specified in Table 8
to this subpart must include the information in paragraphs (c)(1)
through (3) of this section.
(1) The requirements in Sec.63.9(h)(2)(i).
(2) The operating limit parameter values established for each
affected source with supporting documentation and a description of the
procedure used to establish the values.
(3) For each APCD that includes a fabric filter, if a bag leak
detection system is used, analysis and supporting documentation
demonstrating conformance with EPA guidance and specifications for bag
leak detection systems in Sec.63.8450(e).

Sec.63.8485 What reports must I submit and when?

[[Page 393]]

(2) The first compliance report must be postmarked or delivered no
later than July 31 or January 31 for compliance periods ending on June
30 and December 31, respectively.
(3) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
(4) Each subsequent compliance report must be postmarked or
delivered no later than July 31 or January 31 for compliance periods
ending on June 30 and December 31, respectively.
(5) For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, if the
permitting authority has established dates for submitting semiannual
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance
reports according to the dates the permitting authority has established
instead of the dates in paragraphs (b)(1) through (4) of this section.
(c) The compliance report must contain the information in paragraphs
(c)(1) through (8) of this section.
(1) Company name and address.
(2) Statement by a responsible official with that official's name,
title, and signature, certifying that, based on information and belief
formed after reasonable inquiry, the statements and information in the
report are true, accurate, and complete.
(3) Date of report and beginning and ending dates of the reporting
period.
(4) A description of control device maintenance performed while the
control device was offline and the kiln controlled by the control device
was operating, including the information specified in paragraphs
(c)(4)(i) through (iii) of this section.
(i) The date and time when the control device was shut down and
restarted.
(ii) Identification of the kiln that was operating and the number of
hours that the kiln operated while the control device was offline.
(iii) A statement of whether or not the control device maintenance
was included in your approved routine control device maintenance request
developed as specified in Sec.63.8420(d). If the control device
maintenance was included in your approved routine control device
maintenance request, then you must report the information in paragraphs
(c)(4)(iii)(A) through (C) of this section.
(A) The total amount of time that the kiln controlled by the control
device operated during the current semiannual compliance period and
during the previous semiannual compliance period.
(B) The amount of time that each kiln controlled by the control
device operated while the control device was offline for maintenance
covered under the routine control device maintenance alternative
standard during the current semiannual compliance period and during the
previous semiannual compliance period.
(C) Based on the information recorded under paragraphs
(c)(4)(iii)(A) and (B) of this section, compute the annual percent of
kiln operating uptime during which the control device was offline for
routine maintenance using Equation 7.
[GRAPHIC] [TIFF OMITTED] TR26OC15.020

Where:

RM = Annual percentage of kiln uptime during which control device was
offline for routine control device maintenance
DTp = Control device downtime claimed under the routine
control device maintenance alternative standard for the
previous semiannual compliance period
DTc = Control device downtime claimed under the routine
control device maintenance alternative standard for the
current semiannual compliance period

[[Page 394]]

KUp = Kiln uptime for the previous semiannual compliance
period
KUc = Kiln uptime for the current semiannual compliance
period

(5) A report of the most recent burner tune-up conducted to comply
with the dioxin/furan work practice standard in Table 3 to this subpart.
(6) If there are no deviations from any emission limitations
(emission limits or operating limits) that apply to you, the compliance
report must contain a statement that there were no deviations from the
emission limitations during the reporting period.
(7) If there were no periods during which the CMS was out-of-control
as specified in your OM&M plan, the compliance report must contain a
statement that there were no periods during which the CMS was out-of-
control during the reporting period.
(8) The first compliance report must contain the startup push rate
for each kiln, the minimum APCD inlet temperature for each APCD, and the
temperature profile for each kiln without an APCD.
(9) For each deviation that occurs at an affected source, report
such events in the compliance report by including the information in
paragraphs (c)(9)(i) through (iii) of this section.
(i) The date, time, and duration of the deviation.
(ii) A list of the affected sources or equipment for which the
deviation occurred.
(iii) An estimate of the quantity of each regulated pollutant
emitted over any emission limit, and a description of the method used to
estimate the emissions.
(d) For each deviation from an emission limitation (emission limit
or operating limit) occurring at an affected source where you are using
a CMS to comply with the emission limitations in this subpart, you must
include the information in paragraphs (c)(1) through (4) and (c)(9), and
paragraphs (d)(1) through (11) of this section. This includes periods of
startup, shutdown, and routine control device maintenance.
(1) The total operating time of each affected source during the
reporting period.
(2) The date and time that each CMS was inoperative, except for zero
(low-level) and high-level checks.
(3) The date, time, and duration that each CMS was out-of-control,
including the pertinent information in your OM&M plan.
(4) Whether each deviation occurred during routine control device
maintenance covered in your approved routine control device maintenance
alternative standard or during another period, and the cause of each
deviation (including unknown cause, if applicable).
(5) A description of any corrective action taken to return the
affected unit to its normal or usual manner of operation.
(6) A breakdown of the total duration of the deviations during the
reporting period into those that were due to startup, shutdown, control
equipment problems, process problems, other known causes, and other
unknown causes.
(7) A summary of the total duration of CMS downtime during the
reporting period and the total duration of CMS downtime as a percent of
the total source operating time during that reporting period.
(8) A brief description of the process units.
(9) A brief description of the CMS.
(10) The date of the latest CMS certification or audit.
(11) A description of any changes in CMS, processes, or control
equipment since the last reporting period.
(e) If you have obtained a title V operating permit according to 40
CFR part 70 or 40 CFR part 71, you must report all deviations as defined
in this subpart in the semiannual monitoring report required by 40 CFR
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a
compliance report according to Table 9 to this subpart along with, or as
part of, the semiannual monitoring report required by 40 CFR
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance
report includes all required information concerning deviations from any
emission limitation (including any operating limit), then submitting the
compliance report will satisfy any obligation to report the same
deviations in the semiannual monitoring report.

[[Page 395]]

However, submitting a compliance report will not otherwise affect any
obligation you may have to report deviations from permit requirements to
the permitting authority.
(f) Within 60 calendar 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 test following the
procedure specified in either paragraph (f)(1) or (f)(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) at the time of the test,
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/).) 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 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 at the time of the
test, you must submit the results of the performance test to the
Administrator at the appropriate address listed in Sec.63.13.

Sec.63.8490 What records must I keep?

[[Page 396]]

(6) Current copies of your OM&M plan, including any revisions, with
records documenting conformance.
(7) Logs of the information required in paragraphs (c)(7)(i) through
(iii) of this section to document proper operation of your periodic
kiln.
(i) Records of the firing time and temperature cycle for each
product produced in each periodic kiln. If all periodic kilns use the
same time and temperature cycles, one copy may be maintained for each
kiln. Reference numbers must be assigned to use in log sheets.
(ii) For each periodic kiln, a log that details the type of product
fired in each batch, the corresponding time and temperature protocol
reference number, and an indication of whether the appropriate time and
temperature cycle was fired.
(iii) For each periodic kiln, a log of the actual tonnage of product
fired in the periodic kiln and an indication of whether the tonnage was
below the maximum tonnage for that specific kiln.
(8) Logs of the maintenance procedures used to demonstrate
compliance with the maintenance requirements of the periodic kiln work
practice standards specified in Table 3 to this subpart.
(9) Records of burner tune-ups used to comply with the dioxin/furan
work practice standard for tunnel kilns.
(10) For periods of startup and shutdown, records of the following
information:
(i) The date, time, and duration of each startup and/or shutdown
period, recording the periods when the affected source was subject to
the standard applicable to startup and shutdown.
(ii) For periods of startup, the kiln push rate and kiln exhaust
temperature prior to the time the kiln exhaust reaches the minimum APCD
inlet temperature (for a kiln with an APCD) or the kiln temperature
profile is attained (for a kiln with no APCD).
(iii) For periods of shutdown, the kiln push rate and kiln exhaust
temperature after the time the kiln exhaust falls below the minimum APCD
inlet temperature (for a kiln with an APCD) or the kiln temperature
profile is no longer maintained (for a kiln with no APCD).
(11) All site-specific parameters, temperature profiles, and
procedures required to be established or developed according to the
applicable work practice standards in Table 3 to this subpart.

Sec.63.8495 In what form and for how long must I keep my records?

Other Requirements and Information

Sec.63.8505 What parts of the General Provisions apply to me?

Table 10 to this subpart shows which parts of the General Provisions
in Sec. Sec.63.1 through 63.16 apply to you.

Sec.63.8510 Who implements and enforces this subpart?

[[Page 397]]

of the U.S. EPA and are not transferred to the state, local, or tribal
agency.
(c) The authorities that cannot be delegated to state, local, or
tribal agencies are as specified in paragraphs (c)(1) through (6) of
this section.
(1) Approval of alternatives to the applicability requirements in
Sec. Sec.63.8385 and 63.8390, the compliance date requirements in
Sec.63.8395, and the non-opacity emission limitations in Sec.
63.8405.
(2) Approval of major changes to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec.63.90.
(3) Approval of major changes to monitoring under Sec.63.8(f) and
as defined in Sec.63.90.
(4) Approval of major changes to recordkeeping and reporting under
Sec.63.10(f) and as defined in Sec.63.90.
(5) Approval of an alternative to any electronic reporting to the
EPA required by this subpart.
(6) Approval of a routine control device maintenance request under
Sec.63.8420(d).

Sec.63.8515 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in
Sec.63.2, and in this section as follows:
Air pollution control device (APCD) means any equipment that reduces
the quantity of a pollutant that is emitted to the air.
Bag leak detection system means an instrument that is capable of
monitoring PM loadings in the exhaust of a fabric filter in order to
detect bag failures. A bag leak detection system includes, but is not
limited to, an instrument that operates on triboelectric, light-
scattering, light-transmittance, or other effects to monitor relative PM
loadings.
Brick and structural clay products (BSCP) manufacturing facility
means a plant site that manufactures brick (including, but not limited
to, face brick, structural brick, and brick pavers); clay pipe; roof
tile; extruded floor and wall tile; and/or other extruded, dimensional
clay products. Brick and structural clay products manufacturing
facilities typically process raw clay and shale, form the processed
materials into bricks or shapes, and dry and fire the bricks or shapes.
A plant site that manufactures refractory products, as defined in 40 CFR
63.9824, or clay ceramics, as defined in 40 CFR 63.8665, is not a BSCP
manufacturing facility.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart including, but not limited to, any emission limitation
(including any operating limit) or work practice standard; or
(2) Fails to meet any term or condition that is adopted to implement
an applicable requirement in this subpart for any affected source
required to obtain such a permit.
Dry lime injection fabric filter (DIFF) means an APCD that includes
continuous injection of hydrated lime or other sorbent into a duct or
reaction chamber followed by a fabric filter.
Dry lime scrubber/fabric filter (DLS/FF) means an APCD that includes
continuous injection of humidified hydrated lime or other sorbent into a
reaction chamber followed by a fabric filter. These systems typically
include recirculation of some of the sorbent.
Dry limestone adsorber (DLA) means an APCD that includes a limestone
storage bin, a reaction chamber that is essentially a packed tower
filled with limestone, and may or may not include a peeling drum that
mechanically scrapes reacted limestone to regenerate the stone for
reuse.
Emission limitation means any emission limit or operating limit.
Fabric filter means an APCD used to capture PM by filtering a gas
stream through filter media; also known as a baghouse.
Initial startup means:
(1) For a new or reconstructed tunnel kiln controlled with a DLA,
the time at which the temperature in the kiln first reaches 260 [deg]C
(500 [deg]F) and the kiln contains product; or
(2) for a new or reconstructed tunnel kiln controlled with a DIFF,
DLS/FF, or wet scrubber (WS), the time at which the kiln first reaches a
level of production that is equal to 75 percent of the kiln design
capacity or 12

[[Page 398]]

months after the affected source begins firing BSCP, whichever is
earlier.
Fired product means brick or structural clay products that have gone
through the firing process via kilns.
Kiln exhaust process stream means the portion of the exhaust from a
tunnel kiln that exhausts directly to the atmosphere (or to an APCD),
rather than to a sawdust dryer.
Large tunnel kiln means a tunnel kiln (existing, new, or
reconstructed) with a design capacity equal to or greater than 9.07 Mg/
hr (10 tph) of fired product.
Minimum APCD inlet temperature means the minimum temperature that
kiln exhaust can be vented to the APCD that ensures the long-term
integrity of the APCD.
Particulate matter (PM) means, for purposes of this subpart,
emissions of PM that serve as a measure of total particulate emissions,
as measured by Method 5 (40 CFR part 60, appendix A-3) or Method 29 (40
CFR part 60, appendix A-8), and as a surrogate for non-mercury metal HAP
contained in the particulates including, but not limited to, antimony,
arsenic, beryllium, cadmium, chromium, cobalt, lead, manganese, nickel,
and selenium.
Periodic kiln means a batch firing kiln.
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.
Responsible official means responsible official as defined in 40 CFR
70.2.
Small tunnel kiln means a tunnel kiln (existing, new, or
reconstructed) with a design capacity less than 9.07 Mg/hr (10 tph) of
fired product.
Startup means the setting in operation of an affected source and
starting the production process.
Startup push rate means the kiln push rate required to bring the
kiln to the proper operating temperature during startup.
Tunnel kiln means any continuous kiln that is used to fire BSCP.
Some tunnel kilns have two process streams, including a process stream
that exhausts directly to the atmosphere or to an APCD, and a process
stream in which the kiln exhaust is ducted to a sawdust dryer where it
is used to dry sawdust before being emitted to the atmosphere.
Tunnel kiln design capacity means the maximum amount of brick, in Mg
(tons), that a kiln is designed to produce in one year divided by the
number of hours in a year (8,760 hours), taking into account the void
space in the brick, the push rate for the kiln, and the stacking
pattern, if applicable. If a kiln is modified to increase the capacity,
the design capacity is considered to be the capacity following
modifications.
Wet scrubber (WS) means an APCD that uses water, which may include
caustic additives or other chemicals, as the sorbent. Wet scrubbers may
use any of various design mechanisms to increase the contact between
exhaust gases and the sorbent.
Work practice standard means any design, equipment, work practice,
operational standard, or combination thereof, that is promulgated
pursuant to section 112(h) of the Clean Air Act.
Tables to Subpart JJJJJ of Part 63

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

As stated in Sec.63.8405, you must meet each emission limit in the
following table that applies to you:

----------------------------------------------------------------------------------------------------------------
You must meet the following Or you must comply with the
For each . . . emission limits . . . following . . .
----------------------------------------------------------------------------------------------------------------
1. Collection of all tunnel kilns at HF, HCl, and Cl2 emissions must not Not applicable.
facility, including all process streams. exceed 26 kg/hr (57 lb/hr) HCl
equivalent, under the health-based
standard, as determined using
Equations 2 and 3.

[[Page 399]]

2. Existing large tunnel kiln (design a. PM emissions must not exceed i. PM emissions must not exceed
capacity =10 tons per hour 0.018 kg/Mg (0.036 lb/ton) of 6.6 mg/dscm (0.0029 gr/dscf) at
(tph) of fired product), including all fired product. 17% O2; or
process streams. ii. Non-Hg HAP metals emissions
must not exceed 0.0026 kg/hr
(0.0057 lb/hr).
b. Hg emissions must not exceed 2.1 i. Hg emissions must not exceed
E-05 kilogram per megagram (kg/Mg) 7.7 micrograms per dry standard
(4.1 E-05 pound per ton (lb/ton)) cubic meter ([micro]g/dscm) at
of fired product. 17% O2; or
ii. Hg emissions must not exceed
2.5 E-04 kg/hr (5.5 E-04 lb/
hr).
3. Existing small tunnel kiln (design a. PM emissions must not exceed i. PM emissions must not exceed
capacity <10 tph of fired product), 0.19 kg/Mg (0.37 lb/ton) of fired 4.8 mg/dscm (0.0021 gr/dscf) at
including all process streams. product. 17% O2; or
ii. Non-Hg HAP metals emissions
must not exceed 0.047 kg/hr
(0.11 lb/hr).
b. Hg emissions must not exceed 1.7 i. Hg emissions must not exceed
E-04 kg/Mg (3.3 E-04 lb/ton) of 91 [micro]g/dscm at 17% O2; or
fired product.
ii. Hg emissions must not exceed
8.5 E-04 kg/hr (0.0019 lb/hr).
4. New or reconstructed large tunnel kiln a. PM emissions must not exceed i. PM emissions must not exceed
(design capacity =10 tph of 0.0089 kg/Mg (0.018 lb/ton) of 3.2 mg/dscm (0.0014 gr/dscf) at
fired product), including all process fired product.. 17% O2; or
streams. ii. Non-Hg HAP metals emissions
must not exceed 0.0026 kg/hr
(0.0057 lb/hr) of fired
product.
b. Hg emissions must not exceed 1.4 i. Hg emissions must not exceed
E-05 kg/Mg (2.8 E-05 lb/ton) of 6.2 [micro]g/dscm at 17% O2.
fired product.
ii. Hg emissions must not exceed
1.6 E-04 kg/hr (3.4 E-04 lb/
hr).
5. New or reconstructed small tunnel kiln a. PM emissions must not exceed i. PM emissions must not exceed
(design capacity <10 tph of fired 0.015 kg/Mg (0.030 lb/ton) of 4.7 mg/dscm (0.0021 gr/dscf) at
product), including all process streams. fired product. 17% O2; or
ii. Non-Hg HAP metals emissions
must not exceed 0.047 kg/hr
(0.11 lb/hr) of fired product.
b. Hg emissions must not exceed 1.7 i. Hg emissions must not exceed
E-04 kg/Mg (3.3 E-04 lb/ton) of 91 [micro]g/dscm at 17% O2.
fired product.
ii. Hg emissions must not exceed
8.5 E-04 kg/hr (0.0019 lb/hr).
----------------------------------------------------------------------------------------------------------------

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

As stated in Sec.63.8405, you must meet each operating limit in
the following table that applies to you:

------------------------------------------------------------------------
For each . . . You must . . .
------------------------------------------------------------------------
1. Tunnel kiln equipped with a DLA. a. Maintain the average pressure
drop across the DLA for each 3-
hour block period at or above the
average pressure drop established
during the HF/HCl/Cl2 performance
test; or, if you are monitoring
the bypass stack damper position,
initiate corrective action within
1 hour after the bypass damper is
opened allowing the kiln exhaust
gas to bypass the DLA and complete
corrective action in accordance
with your OM&M plan; and
b. Maintain an adequate amount of
limestone in the limestone hopper,
storage bin (located at the top of
the DLA), and DLA at all times;
maintain the limestone feeder
setting (on a per ton of fired
product basis) at or above the
level established during the HF/
HCl/Cl2 performance test in which
compliance was demonstrated; and
c. Use the same grade of limestone
from the same source as was used
during the HF/HCl/Cl2 performance
test in which compliance was
demonstrated; maintain records of
the source and grade of limestone;
and
d. Maintain no VE from the DLA
stack.

[[Page 400]]

2. Tunnel kiln equipped with a DIFF a. If you use a bag leak detection
or DLS/FF. system, initiate corrective action
within 1 hour of a bag leak
detection system alarm and
complete corrective actions in
accordance with your OM&M plan;
operate and maintain the fabric
filter such that the alarm is not
engaged for more than 5 percent of
the total operating time in a 6-
month block reporting period; or
maintain no VE from the DIFF or
DLS/FF stack; and
b. Maintain free-flowing lime in
the feed hopper or silo and to the
APCD at all times for continuous
injection systems; maintain the
feeder setting (on a per ton of
fired product basis) at or above
the level established during the
HF/HCl/Cl2 performance test for
continuous injection systems in
which compliance was demonstrated.
3. Tunnel kiln equipped with a WS.. a. Maintain the average scrubber
liquid pH for each 3-hour block
period at or above the average
scrubber liquid pH established
during the HF/HCl/Cl2 performance
test in which compliance was
demonstrated; and
b. Maintain the average scrubber
liquid flow rate for each 3-hour
block period at or above the
highest average scrubber liquid
flow rate established during the
HF/HCl/Cl2 and PM/non-Hg HAP
metals performance tests in which
compliance was demonstrated.
4. Tunnel kiln equipped with an ACI Maintain the average carbon flow
system. rate for each 3-hour block period
at or above the average carbon
flow rate established during the
Hg performance test in which
compliance was demonstrated.
5. Tunnel kiln with no add-on a. Maintain no VE from the stack.
control. b. Maintain the kiln process rate
at or below the kiln process rate
determined according to Sec.
63.8445(g)(1).
------------------------------------------------------------------------

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

As stated in Sec.63.8405, you must meet each work practice
standard in the following table that applies to you:

------------------------------------------------------------------------
According to the
For each . . . You must . . . following
requirements . . .
------------------------------------------------------------------------
1. Existing, new or a. Minimize HAP i. Develop and use a
reconstructed periodic kiln. emissions. designed firing
time and
temperature cycle
for each periodic
kiln. You must
either program the
time and
temperature cycle
into your kiln or
track each step on
a log sheet; and
ii. Label each
periodic kiln with
the maximum load
(in tons) of
product that can be
fired in the kiln
during a single
firing cycle; and
iii. For each firing
load, document the
total tonnage of
product placed in
the kiln to ensure
that it is not
greater than the
maximum load
identified in item
1b; and
iv. Develop and
follow maintenance
procedures for each
kiln that, at a
minimum, specify
the frequency of
inspection and
maintenance of
temperature
monitoring devices,
controls that
regulate air-to-
fuel ratios, and
controls that
regulate firing
cycles; and
v. Develop and
maintain records
for each periodic
kiln, as specified
in Sec. 63.8490.
2. Existing, new or a. Minimize dioxin/ i. Maintain and
reconstructed tunnel kiln. furan emissions. inspect the burners
and associated
combustion controls
(as applicable);
and
ii. Tune the
specific burner
type to optimize
combustion.

[[Page 401]]

3. Existing, new or a. Minimize HAP i. Establish the
reconstructed tunnel kiln emissions. startup push rate
during periods of startup. for each kiln, the
minimum APCD inlet
temperature for
each APCD, and
temperature profile
for each kiln
without an APCD and
include them in
your first
compliance report,
as specified in
Sec.
63.8485(c)(8); and
ii. After initial
charging of the
kiln with loaded
kiln cars, remain
at or below the
startup push rate
for the kiln until
the kiln exhaust
reaches the minimum
APCD inlet
temperature for a
kiln with an APCD
or until the kiln
temperature profile
is attained for a
kiln with no APCD;
and
iii. If your kiln
has an APCD, begin
venting the exhaust
from the kiln
through the APCD by
the time the kiln
exhaust temperature
reaches the minimum
APCD inlet
temperature.
4. Existing, new or a. Minimize HAP i. Do not push
reconstructed tunnel kiln emissions. loaded kiln cars
during periods of shutdown. into the kiln once
the kiln exhaust
temperature falls
below the minimum
APCD inlet
temperature if the
kiln is controlled
by an APCD or when
the kiln
temperature profile
is no longer
maintained for an
uncontrolled kiln;
and
ii. If your kiln has
an APCD, continue
to vent the exhaust
from the kiln
through the APCD
until the kiln
exhaust temperature
falls below the
minimum inlet
temperature for the
APCD.
5. Existing, new or a. Minimize HAP i. Develop and use a
reconstructed tunnel kiln emissions.. temperature profile
during periods of routine for each kiln; and
control device maintenance. ii. Develop and
follow maintenance
procedures for each
kiln that, at a
minimum, specify
the frequency of
inspection and
maintenance of
temperature
monitoring devices
and controls that
regulate air-to-
fuel ratios; and
iii. Develop and
maintain records
for each kiln, as
specified in Sec.
63.8490(a)(3).
------------------------------------------------------------------------

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

As stated in Sec.63.8445, you must conduct each performance test
in the following table that applies to you:

[[Page 402]]

e. Measure HF, HCl and i. Method 26A of 40 You may use Method 26 of 40
Cl2 emissions. CFR part 60, appendix CFR part 60, appendix A-8,
A-8; or. as an alternative to using
Method 26A of 40 CFR part
60, appendix A-8, when no
acid PM (e.g., HF or HCl
dissolved in water
droplets emitted by
sources controlled by a
WS) is present. ASTM D6735-
01 (Reapproved 2009)
(incorporated by
reference, see Sec.
63.14) may be used as an
alternative to Methods 26
and 26A.
ii. Method 320 of When using Method 320 of
appendix A of this appendix A of this part,
part. you must follow the
analyte spiking procedures
of section 13 of Method
320 of appendix A of this
part, unless you can
demonstrate that the
complete spiking procedure
has been conducted at a
similar source. ASTM D6348-
03 (Reapproved 2010)
(incorporated by
reference, see Sec.
63.14) may be used as an
alternative to Method 320
if the test plan
preparation and
implementation in Annexes
A1-A8 are mandatory and
the %R in Annex A5 is
determined for each target
analyte.
f. Measure PM i. For PM only: Method
emissions or non-Hg 5 of 40 CFR part 60,
HAP metals. appendix A-3; or.
ii. For PM or non-Hg
HAP metals: Method 29
of 40 CFR part 60,
appendix A-8.
g. Measure Hg Method 29 of 40 CFR ASTM D6784-02 (Reapproved
emissions. part 60, appendix A-8. 2008) (incorporated by
reference, see Sec.
63.14) may be used as an
alternative to Method 29
(portion for Hg only).
2. Tunnel kiln with no add-on Establish the HCl-equivalent limit Using the procedures in
control. operating limit(s) in Table 1 to this Sec. 63.8445(g)(1), you
for kiln process rate subpart and emissions must determine the maximum
if the total facility and production data process rate(s) for your
maximum potential HCl- from the HF/HCl/Cl2 kiln(s) that would ensure
equivalent emissions performance test. total facility maximum
are greater than the potential HCl-equivalent
HCl-equivalent limit emissions remain at or
in Table 1 to this below the HCl-equivalent
subpart. limit in Table 1 to this
subpart. The maximum
process rate(s) would
become your site-specific
process rate operating
limit(s).
3. Tunnel kiln that is complying Determine the Production data You must measure and record
with PM and/or Hg production-based production rate collected during the the production rate, on a
emission limits. during each PM/Hg PM/Hg performance fired-product basis, of
test run in order to tests (e.g., no. of the affected source for
determine compliance pushes per hour, no. each of the three test
with PM and/or Hg of bricks per kiln runs.
production-based car, weight of a
emission limits. typical fired brick).
4. Tunnel kiln equipped with a DLA. a. Establish the Data from the pressure You must continuously
operating limit for drop measurement measure the pressure drop
the average pressure device during the HF/ across the DLA, determine
drop across the DLA. HCl/Cl2 performance and record the block
test. average pressure drop
values for the three test
runs, and determine and
record the 3-hour block
average of the recorded
pressure drop measurements
for the three test runs.
The average of the three
test runs establishes your
minimum site-specific
pressure drop operating
limit.
b. Establish the Data from the You must ensure that you
operating limit for limestone feeder maintain an adequate
the limestone feeder during the HF/HCl/Cl2 amount of limestone in the
setting. performance test. limestone hopper, storage
bin (located at the top of
the DLA), and DLA at all
times during the
performance test. You must
establish your limestone
feeder setting, on a per
ton of fired product
basis, one week prior to
the performance test and
maintain the feeder
setting for the one-week
period that precedes the
performance test and
during the performance
test.
c. Document the source Records of limestone
and grade of purchase.
limestone used.

[[Page 403]]

5. Tunnel kiln equipped with a DIFF Establish the Data from the lime For continuous lime
or DLS/FF. operating limit for feeder during the HF/ injection systems, you
the lime feeder HCl/Cl2 performance must ensure that lime in
setting. test. the feed hopper or silo
and to the APCD is free-
flowing at all times
during the performance
test and record the feeder
setting, on a per ton of
fired product basis, for
the three test runs. If
the feed rate setting
varies during the three
test runs, determine and
record the average feed
rate from the three test
runs. The average of the
three test runs
establishes your minimum
site-specific feed rate
operating limit.
6. Tunnel kiln equipped with a WS.. a. Establish the Data from the pH You must continuously
operating limit for measurement device measure the scrubber
the average scrubber during the liquid pH, determine and
liquid pH. performance HF/HCl/ record the block average
Cl2 performance test. pH values for the three
test runs, and determine
and record the 3-hour
block average of the
recorded pH measurements
for the three test runs.
The average of the three
test runs establishes your
minimum site-specific
liquid pH operating limit.
b. Establish the Data from the flow You must continuously
operating limit for rate measurement measure the scrubber
the average scrubber device during the HF/ liquid flow rate,
liquid flow rate. HCl/Cl2 and PM/non-Hg determine and record the
HAP metals block average flow rate
performance tests. values for the three test
runs, and determine and
record the 3-hour block
average of the recorded
flow rate measurements for
the three test runs. The
average of the three test
runs establishes your
minimum site-specific
liquid flow rate operating
level. If different
average wet scrubber
liquid flow rate values
are measured during the HF/
HCl/Cl2 and PM/non-Hg HAP
metals tests, the highest
of the average values
become your site-specific
operating limit.
7. Tunnel kiln equipped with an ACI Establish the Data from the carbon You must measure the carbon
system. operating limit for flow rate measurement flow rate during each test
the average carbon conducted during the run, determine and record
flow rate. Hg performance test. the block average carbon
flow rate values for the
three test runs, and
determine and record the 3-
hour block average of the
recorded carbon flow rate
measurements for the three
test runs. The average of
the three test runs
establishes your minimum
site-specific activated
carbon flow rate operating
limit.
----------------------------------------------------------------------------------------------------------------

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

As stated in Sec.63.8455, you must demonstrate initial compliance
with each emission limitation and work practice standard that applies to
you according to the following table:

------------------------------------------------------------------------
You have
For each . . . For the following . demonstrated initial
. . compliance if . . .
------------------------------------------------------------------------
1. Collection of all tunnel a. HF, HCl, and Cl2 i. You measure HF,
kilns at the facility, emissions must not HCl, and Cl2
including all process exceed 26 kg/hr (57 emissions for each
streams. lb/hr) HCl kiln using Method
equivalent. 26 or 26A of 40 CFR
part 60, appendix A-
8 or its
alternative, ASTM
D6735-01
(Reapproved 2009)
(incorporated by
reference, see Sec.
63.14); or Method
320 of appendix A
of this part or its
alternative, ASTM
D6348-03
(Reapproved 2010)
(incorporated by
reference, see Sec.
63.14); and
ii. You calculate
the HCl-equivalent
emissions for each
kiln using Equation
2 to this subpart;
and
iii. You sum the HCl-
equivalent values
for all kilns at
the facility using
Equation 3 to this
subpart; and
iv. The facility
total HCl-
equivalent does not
exceed 26 kg/hr (57
lb/hr).

[[Page 404]]

2. Existing large tunnel a. PM emissions must i. The PM emissions
kiln (design capacity =10 tph of fired Mg (0.036 lb/ton) Method 5 of 40 CFR
product), including all of fired product or part 60, appendix A-
process streams. 6.6 mg/dscm (0.0029 3 or Method 29 of
gr/dscf) at 17% O2; 40 CFR part 60,
or. appendix A-8, over
the period of the
initial performance
test, according to
the calculations in
Sec.
63.8445(f)(1), do
not exceed 0.018 kg/
Mg (0.036 lb/ton)
of fired product or
6.6 mg/dscm (0.0029
gr/dscf) at 17% O2;
and
ii. You establish
and have a record
of the applicable
operating limits
listed in Table 2
to this subpart
over the 3-hour
performance test
during which PM
emissions did not
exceed 0.018 kg/Mg
(0.036 lb/ton) of
fired product or
6.6 mg/dscm (0.0029
gr/dscf) at 17% O2.
b. Non-Hg HAP metals i. The non-Hg HAP
emissions must not metals emissions
exceed 0.0026 kg/hr measured using
(0.0057 lb/hr). Method 29 of 40 CFR
part 60, appendix A-
8, over the period
of the initial
performance test,
do not exceed
0.0026 kg/hr
(0.0057 lb/hr); and
ii. You establish
and have a record
of the applicable
operating limits
listed in Table 2
to this subpart
over the 3-hour
performance test
during which non-Hg
HAP metals
emissions did not
exceed 0.0026 kg/hr
(0.0057 lb/hr).
c. Hg emissions must i. The Hg emissions
not exceed 2.1 E-05 measured using
kg/Mg (4.1 E-05 lb/ Method 29 of 40 CFR
ton) of fired part 60, appendix A-
product or 7.7 8 or its
[micro]g/dscm at alternative, ASTM
17% O2 or 2.5 E-04 D6784-02
kg/hr (5.5 E-04 lb/ (Reapproved 2008)
hr). (incorporated by
reference, see Sec.
63.14), over the
period of the
initial performance
test, do not exceed
2.1 E-05 kg/Mg (4.1
E-05 lb/ton) of
fired product or
7.7 [micro]g/dscm
at 17% O2 or 2.5 E-
04 kg/hr (5.5 E-04
lb/hr); and
ii. You establish
and have a record
of the applicable
operating limits
listed in Table 2
to this subpart
over the 3-hour
performance test
during which Hg
emissions did not
exceed 2.1 E-05 kg/
Mg (4.1 E-05 lb/
ton) of fired
product or 7.7
[micro]g/dscm at
17% O2 or 2.5 E-04
kg/hr (5.5 E-04 lb/
hr).
3. Existing small tunnel a. PM emissions must i. The PM emissions
kiln (design capacity <10 not exceed 0.19 kg/ measured using
tph of fired product), Mg (0.37 lb/ton) of Method 5 of 40 CFR
including all process fired product or part 60, appendix A-
streams. 4.8 mg/dscm (0.0021 3 or Method 29 of
gr/dscf) at 17% O2; 40 CFR part 60,
or. appendix A-8, over
the period of the
initial performance
test, according to
the calculations in
Sec.
63.8445(f)(1), do
not exceed 0.19 kg/
Mg (0.37 lb/ton) of
fired product or
4.8 mg/dscm (0.0021
gr/dscf) at 17% O2;
and
ii. You establish
and have a record
of the applicable
operating limits
listed in Table 2
to this subpart
over the 3-hour
performance test
during which PM
emissions did not
exceed 0.19 kg/Mg
(0.37 lb/ton) of
fired product or
4.8 mg/dscm (0.0021
gr/dscf) at 17% O2.
b. Non-Hg HAP metals i. The non-Hg HAP
emissions must not metals emissions
exceed 0.047 kg/hr measured using
(0.11 lb/hr). Method 29 of 40 CFR
part 60, appendix A-
8, over the period
of the initial
performance test,
do not exceed 0.047
kg/hr (0.11 lb/hr);
and

[[Page 405]]

ii. You establish
and have a record
of the applicable
operating limits
listed in Table 2
to this subpart
over the 3-hour
performance test
during which non-Hg
HAP metals
emissions did not
exceed 0.047 kg/hr
(0.11 lb/hr).
c. Hg emissions must i. The Hg emissions
not exceed 1.7 E-04 measured using
kg/Mg (3.3 E-04 lb/ Method 29 of 40 CFR
ton) of fired part 60, appendix A-
product or 91 8 or its
[micro]g/dscm at alternative, ASTM
17% O2 or 8.5 E-04 D6784-02
kg/hr (0.0019 lb/ (Reapproved 2008)
hr). (incorporated by
reference, see Sec.
63.14), over the
period of the
initial performance
test, do not exceed
1.7 E-04 kg/Mg (3.3
E-04 lb/ton) of
fired product or 91
[micro]g/dscm at
17% O2 or 8.5 E-04
kg/hr (0.0019 lb/
hr); and
ii. You establish
and have a record
of the applicable
operating limits
listed in Table 2
to this subpart
over the 3-hour
performance test
during which Hg
emissions did not
exceed 1.7 E-04 kg/
Mg (3.3 E-04 lb/
ton) of fired
product or 91
[micro]g/dscm at
17% O2 or 8.5 E-04
kg/hr (0.0019 lb/
hr).
4. New or reconstructed a. PM emissions must i. The PM emissions
large tunnel kiln (design not exceed 0.0089 measured using
capacity =10 tph kg/Mg (0.018 lb/ Method 5 of 40 CFR
of fired product), ton) of fired part 60, appendix A-
including all process product or 3.2 mg/ 3, over the period
streams. dscm (0.0014 gr/ of the initial
dscf) at 17% O2; or. performance test,
according to the
calculations in
Sec.
63.8445(f)(1), do
not exceed 0.0089
kg/Mg (0.018 lb/
ton) of fired
product or 3.2 mg/
dscm (0.0014 gr/
dscf) at 17% O2;
and
ii. You establish
and have a record
of the applicable
operating limits
listed in Table 2
to this subpart
over the 3-hour
performance test
during which PM
emissions did not
exceed 0.0089 kg/Mg
(0.018 lb/ton) of
fired product or
3.2 mg/dscm (0.0014
gr/dscf) at 17% O2.
b. Non-Hg HAP metals i. The non-Hg HAP
emissions must not metals emissions
exceed 0.0026 kg/hr measured using
(0.0057 lb/hr). Method 29 of 40 CFR
part 60, appendix A-
8, over the period
of the initial
performance test,
do not exceed
0.0026 kg/hr
(0.0057 lb/hr); and
ii. You establish
and have a record
of the applicable
operating limits
listed in Table 2
to this subpart
over the 3-hour
performance test
during which non-Hg
HAP metals
emissions did not
exceed 0.0026 kg/hr
(0.0057 lb/hr).
c. Hg emissions must i. The Hg emissions
not exceed 1.4 E-05 measured using
kg/Mg (2.8 E-05 lb/ Method 29 of 40 CFR
ton) of fired part 60, appendix A-
product or 6.2 8 or its
[micro]g/dscm at alternative, ASTM
17% O2 or 1.6 E-04 D6784-02
kg/hr (3.4 E-04 lb/ (Reapproved 2008)
hr). (incorporated by
reference, see Sec.
63.14), over the
period of the
initial performance
test, do not exceed
1.4 E-05 kg/Mg (2.8
E-05 lb/ton) of
fired product or
6.2 [micro]g/dscm
at 17% O2 or 1.6 E-
04 kg/hr (3.4 E-04
lb/hr); and
ii. You establish
and have a record
of the applicable
operating limits
listed in Table 2
to this subpart
over the 3-hour
performance test
during which Hg
emissions did not
exceed 1.4 E-05 kg/
Mg (2.8 E-05 lb/
ton) of fired
product or 6.2
[micro]g/dscm at
17% O2 or 1.6 E-04
kg/hr (3.4 E-04 lb/
hr).

[[Page 406]]

5. New or reconstructed a. PM emissions must i. The PM emissions
small tunnel kiln (design not exceed 0.015 kg/ measured using
capacity <10 tph of fired Mg (0.030 lb/ton) Method 5 of 40 CFR
product), including all of fired product or part 60, appendix A-
process streams. 4.7 mg/dscm (0.0021 3, over the period
gr/dscf) at 17% O2; of the initial
or. performance test,
according to the
calculations in
Sec.
63.8445(f)(1), do
not exceed 0.015 kg/
Mg (0.030 lb/ton)
of fired product or
4.7 mg/dscm (0.0021
gr/dscf) at 17% O2;
and
ii. You establish
and have a record
of the applicable
operating limits
listed in Table 2
to this subpart
over the 3-hour
performance test
during which PM
emissions did not
exceed 0.015 kg/Mg
(0.030 lb/ton) of
fired product or
4.7 mg/dscm (0.0021
gr/dscf) at 17% O2.
b. Non-Hg HAP metals i. The non-Hg HAP
emissions must not metals emissions
exceed 0.047 kg/hr measured using
(0.11 lb/hr). Method 29 of 40 CFR
part 60, appendix A-
8, over the period
of the initial
performance test,
do not exceed 0.047
kg/hr (0.11 lb/hr);
and
ii. You establish
and have a record
of the applicable
operating limits
listed in Table 2
to this subpart
over the 3-hour
performance test
during which non-Hg
HAP metals
emissions did not
exceed 0.047 kg/hr
(0.11 lb/hr).
c. Hg emissions must i. The Hg emissions
not exceed 1.7 E-04 measured using
kg/Mg (3.3 E-04 lb/ Method 29 of 40 CFR
ton) of fired part 60, appendix A-
product or 91 8 or its
[micro]g/dscm at alternative, ASTM
17% O2 or 8.5 E-04 D6784-02
kg/hr (0.0019 lb/ (Reapproved 2008)
hr). (incorporated by
reference, see Sec.
63.14), over the
period of the
initial performance
test, do not exceed
1.7 E-04 kg/Mg (3.3
E-04 lb/ton) of
fired product or 91
[micro]g/dscm at
17% O2 or 8.5 E-04
kg/hr (0.0019 lb/
hr); and
ii. You establish
and have a record
of the applicable
operating limits
listed in Table 2
to this subpart
over the 3-hour
performance test
during which Hg
emissions did not
exceed 1.7 E-04 kg/
Mg (3.3 E-04 lb/
ton) of fired
product or 91
[micro]g/dscm at
17% O2 or 8.5 E-04
kg/hr (0.0019 lb/
hr).
6. Existing, new or a. Minimize HAP i. Develop a
reconstructed periodic kiln. emissions. designed firing
time and
temperature cycle
for each periodic
kiln. You must
either program the
time and
temperature cycle
into your kiln or
track each step on
a log sheet; and
ii. Label each
periodic kiln with
the maximum load
(in tons) of
product that can be
fired in the kiln
during a single
firing cycle; and
iii. Develop
maintenance
procedures for each
kiln that, at a
minimum, specify
the frequency of
inspection and
maintenance of
temperature
monitoring devices,
controls that
regulate air-to-
fuel ratios, and
controls that
regulate firing
cycles.
7. Existing, new or a. Minimize dioxin/ i. Conduct initial
reconstructed tunnel kiln. furan emissions. inspection of the
burners and
associated
combustion controls
(as applicable);
and
ii. Tune the
specific burner
type to optimize
combustion.
------------------------------------------------------------------------

[[Page 407]]

Sec. Table 6 to Subpart JJJJJ of Part 63--Continuous Compliance With
Emission Limitations and Work Practice Standards

As stated in Sec.63.8470, you must demonstrate continuous
compliance with each emission limitation and work practice standard that
applies to you according to the following table:

------------------------------------------------------------------------
You must demonstrate
For each . . . For the following continuous compliance
. . . by . . .
------------------------------------------------------------------------
1. Tunnel kiln equipped with a a. Each emission i. Collecting the DLA
DLA. limit in Table 1 pressure drop data
to this subpart according to Sec.
and each 63.8450(a); reducing
operating limit the DLA pressure
in Item 1 of drop data to 3-hour
Table 2 to this block averages
subpart for according to Sec.
tunnel kilns 63.8450(a);
equipped with a maintaining the
DLA. average pressure
drop across the DLA
for each 3-hour
block period at or
above the average
pressure drop
established during
the HF/HCl/Cl2
performance test in
which compliance was
demonstrated; or
continuously
monitoring the
bypass stack damper
position at least
once every 15
minutes during
normal kiln
operation, and
initiating
corrective action
within 1 hour after
the bypass damper is
opened allowing the
kiln exhaust gas to
bypass the DLA and
completing
corrective action in
accordance with your
OM&M plan; and
ii. Verifying that
the limestone hopper
and storage bin
(located at the top
of the DLA) contain
adequate limestone
by performing a
daily visual check,
which could include
one of the
following: (1)
Conducting a
physical check of
the hopper; (2)
creating a visual
access point, such
as a window, on the
side of the hopper;
(3) installing a
camera in the hopper
that provides
continuous feed to a
video monitor in the
control room; or (4)
confirming that load
level indicators in
the hopper are not
indicating the need
for additional
limestone; and
iii. Recording the
limestone feeder
setting daily (on a
per ton of fired
product basis) to
verify that the
feeder setting is
being maintained at
or above the level
established during
the HF/HCl/Cl2
performance test in
which compliance was
demonstrated; and
iv. Using the same
grade of limestone
from the same source
as was used during
the HF/HCl/Cl2
performance test;
maintaining records
of the source and
type of limestone;
and
v. Performing VE
observations of the
DLA stack at the
frequency specified
in Sec. 63.8470(e)
using Method 22 of
40 CFR part 60,
appendix A-7;
maintaining no VE
from the DLA stack.
2. Tunnel kiln equipped with a a. Each emission i. If you use a bag
DIFF or DLS/FF. limit in Table 1 leak detection
to this subpart system, as
and each prescribed in
operating limit 63.8450(e),
in Item 2 of initiating
Table 2 to this corrective action
subpart for within 1 hour of a
tunnel kilns bag leak detection
equipped with system alarm and
DIFF or DLS/FF. completing
corrective actions
in accordance with
your OM&M plan;
operating and
maintaining the
fabric filter such
that the alarm is
not engaged for more
than 5 percent of
the total operating
time in a 6-month
block reporting
period; in
calculating this
operating time
fraction, if
inspection of the
fabric filter
demonstrates that no
corrective action is
required, no alarm
time is counted; if
corrective action is
required, each alarm
is counted as a
minimum of 1 hour;
if you take longer
than 1 hour to
initiate corrective
action, the alarm
time is counted as
the actual amount of
time taken by you to
initiate corrective
action; or
performing VE
observations of the
DIFF or DLS/FF stack
at the frequency
specified in Sec.
63.8470(e) using
Method 22 of 40 CFR
part 60, appendix A-
7; and maintaining
no VE from the DIFF
or DLS/FF stack; and
ii. Verifying that
lime is free-flowing
via a load cell,
carrier gas/lime
flow indicator,
carrier gas pressure
drop measurement
system, or other
system; recording
all monitor or
sensor output, and
if lime is found not
to be free flowing,
promptly initiating
and completing
corrective actions
in accordance with
your OM&M plan;
recording the feeder
setting once during
each shift of
operation to verify
that the feeder
setting is being
maintained at or
above the level
established during
the HF/HCl/Cl2
performance test in
which compliance was
demonstrated.

[[Page 408]]

3. Tunnel kiln equipped with a a. Each emission i. Collecting the
WS. limit in Table 1 scrubber liquid pH
to this subpart data according to
and each Sec. 63.8450(a);
operating limit reducing the
in Item 3 of scrubber liquid pH
Table 2 to this data to 3-hour block
subpart for averages according
tunnel kilns to Sec.
equipped with WS. 63.8450(a);
maintaining the
average scrubber
liquid pH for each 3-
hour block period at
or above the average
scrubber liquid pH
established during
the HF/HCl/Cl2
performance test in
which compliance was
demonstrated; and
ii. Collecting the
scrubber liquid flow
rate data according
to Sec.
63.8450(a); reducing
the scrubber liquid
flow rate data to 3-
hour block averages
according to Sec.
63.8450(a);
maintaining the
average scrubber
liquid flow rate for
each 3-hour block
period at or above
the highest average
scrubber liquid flow
rate established
during the HF/HCl/
Cl2 and PM/non-Hg
HAP metals
performance tests in
which compliance was
demonstrated.
4. Tunnel kiln equipped with Each emission Collecting the carbon
an ACI system. limit in Table 1 flow rate data
to this subpart according to Sec.
and each 63.8450(a); reducing
operating limit the carbon flow rate
in Item 4 of data to 3-hour block
Table 2 to this averages according
subpart for to Sec.
tunnel kilns 63.8450(a);
equipped with maintaining the
ACI system. average carbon flow
rate for each 3-hour
block period at or
above the average
carbon flow rate
established during
the Hg performance
test in which
compliance was
demonstrated.
5. Tunnel kiln with no add-on a. Each emission i. Performing VE
control. limit in Table 1 observations of the
to this subpart stack at the
and each frequency specified
operating limit in Sec. 63.8470(e)
in Item 5 of using Method 22 of
Table 2 to this 40 CFR part 60,
subpart for appendix A-7; and
tunnel kilns maintaining no VE
with no add-on from the stack.
control.
ii. If your last
calculated total
facility maximum
potential HCl-
equivalent was not
at or below the
health-based
standard in Table 1
to this subpart,
collecting the kiln
process rate data
according to Sec.
63.8450(a); reducing
the kiln process
rate data to 3-hour
block averages
according to Sec.
63.8450(a);
maintaining the
average kiln process
rate for each 3-hour
block period at or
below the kiln
process rate
determined according
to Sec.
63.8445(g)(1).
6. Periodic kiln.............. a. Minimize HAP i. Using a designed
emissions. firing time and
temperature cycle
for each periodic
kiln; and
ii. For each firing
load, documenting
the total tonnage of
product placed in
the kiln to ensure
that it is not
greater than the
maximum load
identified in Item
1.a.ii of Table 3 to
this subpart; and
iii. Following
maintenance
procedures for each
kiln that, at a
minimum, specify the
frequency of
inspection and
maintenance of
temperature
monitoring devices,
controls that
regulate air-to-fuel
ratios, and controls
that regulate firing
cycles; and
iv. Developing and
maintaining records
for each periodic
kiln, as specified
in Sec. 63.8490.
7. Tunnel kiln................ a. Minimize i. Maintaining and
dioxin/furan inspecting the
emissions. burners and
associated
combustion controls
(as applicable) and
tuning the specific
burner type to
optimize combustion
no later than 36
calendar months
after the previous
tune-up; and
ii. Maintaining
records of burner
tune-ups used to
demonstrate
compliance with the
dioxin/furan work
practice standard;
and
iii. Submitting a
report of most
recent tune-up
conducted with
compliance report.
------------------------------------------------------------------------

Sec. Table 7 to Subpart JJJJJ of Part 63--Compliance Dates

As stated in Sec.63.8395, you must meet each compliance date in
the following table that applies to you:

[[Page 409]]

3. Existing affected source. Comply with the December 26, 2018.
applicable emission
limitations and
work practice
standards in Tables
1, 2, and 3 to this
subpart.
4. Existing area source that Be in compliance Initial startup of
increases its emissions or with this subpart. your affected
its potential to emit such source as a major
that it becomes a major source.
source of HAP by adding a
new affected source or by
reconstructing.
5. New area source (i.e., an Be in compliance Initial startup of
area source for which with this subpart. your affected
construction or source as a major
reconstruction commenced source.
after December 18, 2014)
that increases its
emissions or its potential
to emit such that it
becomes a major source of
HAP.
------------------------------------------------------------------------

Sec. Table 8 to Subpart JJJJJ of Part 63--Deadlines for Submitting
Notifications

As stated in Sec.63.8480, you must submit each notification that
applies to you according to the following table:

----------------------------------------------------------------------------------------------------------------
No later than . .
If you . . . You must . . . . As specified in . . .
----------------------------------------------------------------------------------------------------------------
1. Start up your affected Submit an Initial June 22, 2016..... Sec. 63.9(b)(2).
source before December 28, Notification.
2015.
2. Start up your new or Submit an Initial 120 calendar days Sec. 63.9(b)(2).
reconstructed affected source Notification. after you become
on or after December 28, 2015. subject to this
subpart.
3. Are required to conduct a Submit a 60 calendar days Sec. 63.7(b)(1).
performance test. notification of before the
intent to conduct performance test
a performance is scheduled to
test. begin.
4. Are required to conduct a Submit a 60 calendar days Sec. 63.9(h) and Sec. 63.10(d)(2).
compliance demonstration that Notification of following the
includes a performance test Compliance completion of the
according to the requirements Status, including performance test,
in Table 4 to this subpart. the performance by the close of
test results. business.
5. Are required to conduct a Submit a 30 calendar days Sec. 63.9(h).
compliance demonstration Notification of following the
required in Table 5 to this Compliance Status. completion of the
subpart that does not include compliance
a performance test (i.e., demonstrations,
compliance demonstrations for by the close of
the work practice standards). business.
6. Request to use the routine Submit your 120 calendar days .......................................
control device maintenance request. before the
alternative standard according compliance date
to Sec. 63.8420(d). specified in Sec.
63.8395.
----------------------------------------------------------------------------------------------------------------

Sec. Table 9 to Subpart JJJJJ of Part 63--Requirements for Reports

As stated in Sec.63.8485, you must submit each report that applies
to you according to the following table:

------------------------------------------------------------------------
The report must You must submit
You must submit . . . contain . . . the report . . .
------------------------------------------------------------------------
1. A compliance report........ a. If there are no Semiannually
deviations from any according to
emission limitations the
(emission limits, requirements in
operating limits) Sec.
that apply to you, a 63.8485(b).
statement that there
were no deviations
from the emission
limitations during
the reporting period.
If there were no
periods during which
the CMS was out-of-
control as specified
in your OM&M plan, a
statement that there
were no periods
during which the CMS
was out-of-control
during the reporting
period.

[[Page 410]]

b. If you have a Semiannually
deviation from any according to
emission limitation the
(emission limit, requirements in
operating limit) Sec.
during the reporting 63.8485(b).
period, the report
must contain the
information in Sec.
63.8485(c)(9). If
there were periods
during which the CMS
was out-of-control,
as specified in your
OM&M plan, the report
must contain the
information in Sec.
63.8485(d).
------------------------------------------------------------------------

Sec. Table 10 to Subpart JJJJJ of Part 63--Applicability of General
Provisions to Subpart JJJJJ

As stated in Sec.63.8505, you must comply with the General
Provisions in Sec. Sec.63.1 through 63.16 that apply to you according
to the following table:

----------------------------------------------------------------------------------------------------------------
Citation Subject Brief description Applies to subpart JJJJJ?
----------------------------------------------------------------------------------------------------------------
Sec. 63.1.................... Applicability..... Initial applicability Yes.
determination;
applicability after
standard established;
permit requirements;
extensions,
notifications.
Sec. 63.2.................... Definitions....... Definitions for part Yes.
63 standards.
Sec. 63.3.................... Units and Units and Yes.
Abbreviations. abbreviations for
part 63 standards.
Sec. 63.4.................... Prohibited Compliance date; Yes.
Activities. circumvention;
severability.
Sec. 63.5.................... Construction/ Applicability; Yes.
Reconstruction. applications;
approvals.
Sec. 63.6(a)................. Applicability..... General Provisions Yes.
(GP) apply unless
compliance extension;
GP apply to area
sources that become
major.
Sec. 63.6(b)(1)-(4).......... Compliance Dates Standards apply at Yes.
for New and effective date; 3
Reconstructed years after effective
sources. date; upon startup;
10 years after
construction or
reconstruction
commences for section
112(f).
Sec. 63.6(b)(5).............. Notification...... Must notify if Yes.
commenced
construction or
reconstruction after
proposal.
Sec. 63.6(b)(6).............. [Reserved]........ ...................... No.
Sec. 63.6(b)(7).............. Compliance Dates Area sources that Yes.
for New and become major must
Reconstructed comply with major
Area Sources That source standards
Become Major. immediately upon
becoming major,
regardless of whether
required to comply
when they were area
sources.
Sec. 63.6(c)(1)-(2).......... Compliance Dates Comply according to Yes.
for Existing date in subpart,
Sources. which must be no
later than 3 years
after effective date;
for section 112(f)
standards, comply
within 90 calendar
days of effective
date unless
compliance extension.
Sec. 63.6(c)(3)-(4).......... [Reserved]........ ...................... No.
Sec. 63.6(c)(5).............. Compliance Dates Area sources that Yes.
for Existing Area become major must
Sources That comply with major
Become Major. source standards by
date indicated in
subpart or by
equivalent time
period (for example,
3 years).
Sec. 63.6(d)................. [Reserved]........ ...................... No.
Sec. 63.6(e)(1)(i)........... Operation & General Duty to No. See Sec. 63.8420(b) for
Maintenance. minimize emissions. general duty requirement.
Sec. 63.6(e)(1)(ii).......... Operation & Requirement to correct No.
Maintenance. malfunctions ASAP.
Sec. 63.6(e)(1)(iii)......... Operation & Operation and Yes.
Maintenance. maintenance
requirements
enforceable
independent of
emissions limitations.
Sec. 63.6(e)(2).............. [Reserved]........ ...................... No.
Sec. 63.6(e)(3).............. Startup, Shutdown, Requirement for No.
and Malfunction startup, shutdown,
Plan (SSMP). and malfunction (SSM)
and SSMP; content of
SSMP.
Sec. 63.6(f)(1).............. Compliance Except You must comply with No.
During SSM. emission standards at
all times except
during SSM.
Sec. 63.6(f)(2)-(3).......... Methods for Compliance based on Yes.
Determining performance test,
Compliance. operation and
maintenance plans,
records, inspection.
Sec. 63.6(g)................. Alternative Procedures for getting Yes.
Standard. an alternative
standard.
Sec. 63.6(h)................. Opacity/VE Requirements for No, not applicable.
Standards. opacity and VE
standards.

[[Page 411]]

Sec. 63.6(i)................. Compliance Procedures and Yes.
Extension. criteria for
Administrator to
grant compliance
extension.
Sec. 63.6(j)................. Presidential President may exempt Yes.
Compliance source category.
Exemption.
Sec. 63.7(a)(1)-(2).......... Performance Test Dates for conducting Yes.
Dates. initial performance
testing and other
compliance
demonstrations for
emission limits and
work practice
standards; must
conduct 180 calendar
days after first
subject to rule.
Sec. 63.7(a)(3).............. Section 114 Administrator may Yes.
Authority. require a performance
test under CAA
section 114 at any
time.
Sec. 63.7(a)(4).............. Notification of Must notify Yes.
Delay in Administrator of
Performance delay in performance
Testing Due To testing due to force
Force Majeure. majeure.
Sec. 63.7(b)(1).............. Notification of Must notify Yes.
Performance Test. Administrator 60
calendar days before
the test.
Sec. 63.7(b)(2).............. Notification of Must notify Yes.
Rescheduling. Administrator 5
calendar days before
scheduled date of
rescheduled date.
Sec. 63.7(c)................. Quality Requirements; test Yes.
Assurance(QA)/ plan approval
Test Plan. procedures;
performance audit
requirements;
internal and external
QA procedures for
testing.
Sec. 63.7(d)................. Testing Facilities Requirements for Yes.
testing facilities.
Sec. 63.7(e)(1).............. Conditions for Cannot conduct No, Sec. 63.8445 specifies
Conducting performance tests requirements.
Performance Tests. during SSM; not a
violation to exceed
standard during SSM.
Sec. 63.7(e)(2)-(3).......... Conditions for Must conduct according Yes.
Conducting to subpart and EPA
Performance Tests. test methods unless
Administrator
approves alternative;
must have at least
three test runs of at
least 1 hour each;
compliance is based
on arithmetic mean of
three runs;
conditions when data
from an additional
test run can be used.
Sec. 63.7(e)(4).............. Testing under Administrator's Yes.
Section 114. authority to require
testing under section
114 of the Act.
Sec. 63.7(f)................. Alternative Test Procedures by which Yes.
Method. Administrator can
grant approval to use
an alternative test
method.
Sec. 63.7(g)................. Performance Test Must include raw data Yes.
Data Analysis. in performance test
report; must submit
performance test data
60 calendar days
after end of test
with the notification
of compliance status.
Sec. 63.7(h)................. Waiver of Tests... Procedures for Yes.
Administrator to
waive performance
test.
Sec. 63.8(a)(1).............. Applicability of Subject to all Yes.
Monitoring monitoring
Requirements. requirements in
subpart.
Sec. 63.8(a)(2).............. Performance Performance Yes.
Specifications. Specifications in
appendix B of 40 CFR
part 60 apply.
Sec. 63.8(a)(3).............. [Reserved]........ ...................... No.
Sec. 63.8(a)(4).............. Monitoring with Requirements for No, not applicable.
Flares. flares in Sec.
63.11 apply.
Sec. 63.8(b)(1).............. Monitoring........ Must conduct Yes.
monitoring according
to standard unless
Administrator
approves alternative.
Sec. 63.8(b)(2)-(3).......... Multiple Effluents Specific requirements Yes.
and Multiple for installing and
Monitoring reporting on
Systems. monitoring systems.
Sec. 63.8(c)(1).............. Monitoring System Maintenance consistent Yes.
Operation and with good air
Maintenance. pollution control
practices.
Sec. 63.8(c)(1)(i)........... Routine and Reporting requirements No.
Predictable SSM. for SSM when action
is described in SSMP.
Sec. 63.8(c)(1)(ii).......... SSM not in SSMP... Reporting requirements Yes.
for SSM when action
is not described in
SSMP.
Sec. 63.8(c)(1)(iii)......... Compliance with How Administrator No.
Operation and determines if source
Maintenance complying with
Requirements. operation and
maintenance
requirements.

[[Page 412]]

Sec. 63.8(c)(2)-(3).......... Monitoring System Must install to get Yes.
Installation. representative
emission and
parameter
measurements.
Sec. 63.8(c)(4).............. CMS Requirements.. Requirements for CMS.. No, Sec. 63.8450 specifies
requirements.
Sec. 63.8(c)(5).............. Continuous Opacity COMS minimum No, not applicable.
Monitoring System procedures.
(COMS) Minimum
Procedures.
Sec. 63.8(c)(6).............. CMS Requirements.. Zero and high level Yes.
calibration check
requirements.
Sec. 63.8(c)(7)-(8).......... CMS Requirements.. Out-of-control periods Yes.
Sec. 63.8(d)(1) and (2)...... CMS Quality Requirements for CMS Yes.
Control. quality control.
Sec. 63.8(d)(3).............. CMS Quality Written procedures for No, Sec. 63.8425(b)(9) specifies
Control. CMS. requirements
Sec. 63.8(e)................. CMS Performance Requirements for CMS Yes.
Evaluation. performance
evaluation.
Sec. 63.8(f)(1)-(5).......... Alternative Procedures for Yes.
Monitoring Method. Administrator to
approve alternative
monitoring.
Sec. 63.8(f)(6).............. Alternative to Procedures for No, not applicable.
Relative Accuracy Administrator to
Test. approve alternative
relative accuracy
test for continuous
emissions monitoring
systems (CEMS).
Sec. 63.8(g)................. Data Reduction.... COMS and CEMS data No, not applicable.
reduction
requirements.
Sec. 63.9(a)................. Notification Applicability; State Yes.
Requirements. delegation.
Sec. 63.9(b)................. Initial Requirements for
Notifications. initial notifications.
Sec. 63.9(c)................. Request for Can request if cannot Yes.
Compliance comply by date or if
Extension. installed BACT/LAER.
Sec. 63.9(d)................. Notification of For sources that Yes.
Special commence construction
Compliance between proposal and
Requirements for promulgation and want
New Source. to comply 3 years
after effective date.
Sec. 63.9(e)................. Notification of Notify Administrator Yes.
Performance Test. 60 calendar days
prior.
Sec. 63.9(f)................. Notification of VE/ Notify Administrator No, not applicable.
Opacity Test. 30 calendar days
prior.
Sec. 63.9(g)(1).............. Additional Notification of Yes.
Notifications performance
When Using CMS. evaluation.
Sec. 63.9(g)(2)-(3).......... Additional Notification of COMS No, not applicable.
Notifications data use;
When Using CMS. notification that
relative accuracy
alternative criterion
were exceeded.
Sec. 63.9(h)................. Notification of Contents; submittal Yes.
Compliance Status. requirements.
Sec. 63.9(i)................. Adjustment of Procedures for Yes.
Submittal Administrator to
Deadlines. approve change in
when notifications
must be submitted.
Sec. 63.9(j)................. Change in Previous Must submit within 15 Yes.
Information. calendar days after
the change.
Sec. 63.10(a)................ Recordkeeping/ Applicability; general Yes.
Reporting. information.
Sec. 63.10(b)(1)............. General General requirements.. Yes.
Recordkeeping
Requirements.
Sec. 63.10(b)(2)(i).......... Records Related to Recordkeeping of No.
SSM. occurrence and
duration of startups
and shutdowns.
Sec. 63.10(b)(2)(ii)......... Records Related to Recordkeeping of No. See Sec. 63.8490(c)(2) for
SSM. failures to meet a recordkeeping of (1) date, time
standard. 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.
Sec. 63.10(b)(2)(iii)........ Records Related to Maintenance records...
SSM.
Sec. 63.10(b)(2)(iv)-(v)..... Records Related to Actions taken to No.
SSM. minimize emissions
during SSM.
Sec. 63.10(b)(2)(vi)-(xii) CMS Records....... Records when CMS is Yes.
and (xiv). malfunctioning,
inoperative or out-of-
control.
Sec. 63.10(b)(2)(xiii)....... Records........... Records when using
alternative to
relative accuracy
test.
Sec. 63.10(b)(3)............. Records........... Applicability Yes.
Determinations.

[[Page 413]]

Sec. 63.10(c)(1)-(15)........ Records........... Additional records for No, Sec.Sec. 63.8425 and
CMS. 63.8490 specify requirements
Sec. 63.10(d)(1) and (2)..... General Reporting Requirements for Yes.
Requirements. reporting;
performance test
results reporting.
Sec. 63.10(d)(3)............. Reporting Opacity Requirements for No, not applicable.
or VE reporting opacity and
Observations. VE.
Sec. 63.10(d)(4)............. Progress Reports.. Must submit progress Yes.
reports on schedule
if under compliance
extension.
Sec. 63.10(d)(5)............. SSM Reports....... Contents and No. See Sec. 63.8485(c)(9) for
submission.. malfunction reporting
requirements.
Sec. 63.10(e)(1)-(3)......... Additional CMS Requirements for CMS No, Sec.Sec. 63.8425 and
Reports. reporting. 63.8485 specify requirements.
Sec. 63.10(e)(4)............. Reporting COMS Requirements for No, not applicable.
data. reporting COMS data
with performance test
data.
Sec. 63.10(f)................ Waiver for Procedures for Yes.
Recordkeeping/ Administrator to
Reporting. waive.
Sec. 63.11................... Flares............ Requirement for flares No, not applicable.
Sec. 63.12................... Delegation........ State authority to
enforce standards.
Sec. 63.13................... Addresses......... Addresses for reports, Yes.
notifications,
requests.
Sec. 63.14................... Incorporation by Materials incorporated Yes.
Reference. by reference.
Sec. 63.15................... Availability of Information Yes.
Information. availability;
confidential
information.
Sec. 63.16................... Performance Track Requirements for Yes.
Provisions. Performance Track
member facilities.
----------------------------------------------------------------------------------------------------------------

Subpart KKKKK_National Emission Standards for Hazardous Air Pollutants
for Clay Ceramics Manufacturing

Source: 80 FR 65543, Oct. 26, 2015, unless otherwise noted.

What This Subpart Covers

Sec.63.8530 What is the purpose of this subpart?

This subpart establishes national emission limitations and work
practice standards for hazardous air pollutants (HAP) emitted from clay
ceramics manufacturing facilities. This subpart also establishes
requirements to demonstrate initial and continuous compliance with the
emission limitations and work practice standards.

Sec.63.8535 Am I subject to this subpart?

You are subject to this subpart if you own or operate a clay
ceramics manufacturing facility that is, is located at, or is part of a
major source of HAP emissions according to the criteria in paragraphs
(a) and (b) of this section.
(a) A clay ceramics manufacturing facility is a plant site that
manufactures pressed floor tile, pressed wall tile, other pressed tile,
or sanitaryware (e.g., sinks and toilets). Clay ceramics manufacturing
facilities typically process clay, shale, and various additives; form
the processed materials into tile or sanitaryware shapes; and dry and
fire the ceramic products. Glazes are applied to many tile and
sanitaryware products. A plant site that manufactures refractory
products, as defined in Sec.63.9824, or brick and structural clay
products (BSCP), as defined in Sec.63.8515, is not a clay ceramics
manufacturing facility.
(b) A major source of HAP emissions is any stationary source or
group of stationary sources within a contiguous area under common
control that emits or has the potential to emit any single HAP at a rate
of 9.07 megagrams (10 tons) or more per year or any combination of HAP
at a rate of 22.68 megagrams (25 tons) or more per year.

Sec.63.8540 What parts of my plant does this subpart cover?

(a) This subpart applies to each existing, new, or reconstructed
affected source at a clay ceramics manufacturing facility.
(b) Each existing, new, or reconstructed ceramic tile roller kiln,
sanitaryware tunnel kiln, sanitaryware shuttle kiln, ceramic tile glaze
line using glaze spraying, sanitaryware glaze spray booth, ceramic tile
spray

[[Page 414]]

dryer, and floor tile press dryer is an affected source.
(c) Process units not subject to the requirements of this subpart
are listed in paragraphs (c)(1) through (9) of this section.
(1) Tunnel, roller or shuttle kilns that are used exclusively for
refiring.
(2) Tunnel, roller or shuttle kilns that are used exclusively for
setting glazes on previously fired products.
(3) Glaze spray operations that are used exclusively with those
kilns listed in paragraphs (c)(1) and (2) of this section.
(4) Process units listed in paragraphs (c)(1) through (3) of this
section that are permitted to, but do not, process first-fire ware,
until such time as they begin to process first-fire ware.
(5) Glaze spray operations that on average use wet glazes containing
less than 0.1 (weight) percent metal HAP (dry weight basis) per spray
booth over an entire calendar year.
(6) Raw material processing and handling.
(7) Wall tile press dryers.
(8) Sanitaryware ware dryers.
(9) Sources covered by subparts JJJJJ and SSSSS of this part.
(d) A source is a new affected source if construction of the
affected source began after December 18, 2014, and you met the
applicability criteria at the time you began construction.
(e) An affected source is reconstructed if you meet the criteria as
defined in Sec.63.2.
(f) An affected source is existing if it is not new or
reconstructed.

Sec.63.8545 When do I have to comply with this subpart?

(a) You must comply with this subpart no later than the compliance
dates in Table 8 to this subpart.
(b) You must meet the notification requirements in Sec.63.8630
according to the schedule in Sec.63.8630 and in subpart A of this
part. Some of the notifications must be submitted before you are
required to comply with the emission limitations in this subpart.

Emission Limitations and Work Practice Standards

Sec.63.8555 What emission limitations and work practice standards
must I meet?

Sec.63.8560 What are my options for meeting the emission limitations
and work practice standards?

(a) To meet the emission limitations in Tables 1 and 2 to this
subpart, you must use one or more of the options listed in paragraphs
(a)(1) and (2) of this section.
(1) Emissions control system. Use an emissions capture and
collection system and an air pollution control device (APCD) and
demonstrate that the resulting emissions meet the emission limits in
Table 1 to this subpart, and that the capture and collection system and
APCD meet the applicable operating limits in Table 2 to this subpart.
(2) Process changes. Use low-HAP raw materials or implement
manufacturing process changes and demonstrate that the resulting
emissions or emissions reductions meet the emission limits in Table 1 to
this subpart.
(b) To meet the work practice standards for affected sanitaryware
shuttle kilns, you must comply with the requirements listed in Table 3
to this subpart.
(c) To meet the work practice standards for affected sources during
periods of startup and shutdown, you must comply with the requirements
listed in Table 3 to this subpart.

General Compliance Requirements

Sec.63.8570 What are my general requirements for complying with
this subpart?

(a) You must be in compliance with the emission limitations
(including operating limits) in this subpart at all times, except during
periods that you are approved for and in compliance

[[Page 415]]

with the alternative standard for routine control device maintenance as
specified in paragraph (d) of this section, and except during periods of
start-up and shutdown, at which time you must comply with the applicable
work practice standard specified in Table 3 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 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. During the period between the compliance date specified for your
affected source in Sec.63.8545 and the date upon which continuous
monitoring systems (CMS) (e.g., continuous parameter monitoring systems)
have been installed and verified and any applicable operating limits
have been set, you must maintain a log detailing the operation and
maintenance of the process and emissions control equipment.
(c) For each affected source that is subject to the emission limits
specified in Table 1 to this subpart, you must prepare and implement a
written operation, maintenance, and monitoring (OM&M) plan according to
the requirements in Sec.63.8575.
(d) If you own or operate an affected source that is subject to the
emission limits specified in Table 1 to this subpart and must perform
routine maintenance on the control device for that affected source, you
may bypass the source control device and continue operating the affected
source subject to the alternative standard established in this paragraph
upon approval by the Administrator and provided you satisfy the
conditions listed in paragraphs (d)(1) through (5) of this section.
(1) You must request to use the routine control device maintenance
alternative standard from the Administrator no later than 120 calendar
days before the compliance date specified in Sec.63.8545. Your request
must justify the need for the routine maintenance on the control device
and the time required to accomplish the maintenance activities, describe
the maintenance activities and the frequency of the maintenance
activities, explain why the maintenance cannot be accomplished during
source shutdowns, provide information stating whether the continued
operation of the affected source will result in fewer emissions than
shutting the source down while the maintenance is performed, describe
how you plan to comply with paragraph (b) of this section during the
maintenance, and provide any other documentation required by the
Administrator.
(2) The routine control device maintenance must not exceed 4 percent
of the annual operating uptime for each affected source.
(3) The request for the routine control device maintenance
alternative standard, if approved by the Administrator, must be
incorporated by reference in and attached to the affected source's title
V permit.
(4) You must minimize HAP emissions during the period when the
affected source is operating and the control device is offline by
complying with the applicable standard in Table 3 to this subpart.
(5) You must minimize the time period during which the affected
source is operating and the control device is offline.
(e) If you own or operate an affected kiln that is subject to the
work practice standard specified in Table 3 to this subpart, you must be
in compliance with that work practice standard at all times, except
during periods of natural gas curtailment or other periods when natural
gas is not available.
(f) You must be in compliance with the provisions of subpart A of
this part, except as noted in Table 9 to this subpart.

[[Page 416]]

Sec.63.8575 What do I need to know about operation, maintenance,
and monitoring plans?

(a) For each affected source that is subject to the emission limits
specified in Table 1 to this subpart, you must prepare, implement, and
revise as necessary an OM&M plan that includes the information in
paragraph (b) of this section. Your OM&M plan must be available for
inspection by the delegated authority upon request.
(b) Your OM&M plan must include, as a minimum, the information in
paragraphs (b)(1) through (13) of this section.
(1) Each process and APCD to be monitored, the type of monitoring
device that will be used, and the operating parameters that will be
monitored.
(2) A monitoring schedule that specifies the frequency that the
parameter values will be determined and recorded.
(3) The limits for each parameter that represent continuous
compliance with the emission limitations in Sec.63.8555. The limits
must be based on values of the monitored parameters recorded during
performance tests.
(4) Procedures for the proper operation and routine and long-term
maintenance of each APCD, including a maintenance and inspection
schedule that is consistent with the manufacturer's recommendations.
(5) Procedures for installing the CMS sampling probe or other
interface at a measurement location relative to each affected process
unit such that the measurement is representative of control of the
exhaust emissions (e.g., on or downstream of the last APCD).
(6) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer,
and the data collection and reduction system.
(7) Continuous monitoring system performance evaluation procedures
and acceptance criteria (e.g., calibrations).
(8) Procedures for the proper operation and maintenance of
monitoring equipment consistent with the requirements in Sec. Sec.
63.8600 and 63.8(c)(1), (3), (7), and (8).
(9) Continuous monitoring system data quality assurance procedures
consistent with the requirements in Sec.63.8(d)(1) and (2). The owner
or operator shall keep these written procedures on record for the life
of the affected source or until the affected source is no longer subject
to the provisions of this part, to be made available for inspection,
upon request, by the Administrator. If the performance evaluation plan
in Sec.63.8(d)(2) is revised, the owner or operator shall keep
previous (i.e., superseded) versions of the performance evaluation plan
on record to be made available for inspection, upon request, by the
Administrator, for a period of 5 years after each revision to the plan.
The program of corrective action should be included in the plan required
under Sec.63.8(d)(2).
(10) Continuous monitoring system recordkeeping and reporting
procedures consistent with the requirements in Sec. Sec.63.8635 and
63.8640.
(11) Procedures for responding to operating parameter deviations,
including the procedures in paragraphs (b)(11)(i) through (iii) of this
section.
(i) Procedures for determining the cause of the operating parameter
deviation.
(ii) Actions necessary for correcting the deviation and returning
the operating parameters to the allowable limits.
(iii) Procedures for recording the times that the deviation began
and ended, and corrective actions were initiated and completed.
(12) Procedures for keeping records to document compliance.
(13) If you operate an affected source and you plan to take the
source control device out of service for routine maintenance, as
specified in Sec.63.8570(d), the procedures specified in paragraphs
(b)(13)(i) and (ii) of this section.
(i) Procedures for minimizing HAP emissions from the affected source
during periods of routine maintenance of the source control device when
the affected source is operating and the control device is offline.
(ii) Procedures for minimizing the duration of any period of routine
maintenance on the source control device when the affected source is
operating and the control device is offline.
(c) Changes to the operating limits in your OM&M plan require a new
performance test. If you are revising an

[[Page 417]]

operating limit parameter value, you must meet the requirements in
paragraphs (c)(1) and (2) of this section.
(1) Submit a notification of performance test to the Administrator
as specified in Sec.63.7(b).
(2) After completing the performance test to demonstrate that
compliance with the emission limits can be achieved at the revised
operating limit parameter value, you must submit the performance test
results and the revised operating limits as part of the Notification of
Compliance Status required under Sec.63.9(h).
(d) If you are revising the inspection and maintenance procedures in
your OM&M plan, you do not need to conduct a new performance test.

Testing and Initial Compliance Requirements

Sec.63.8585 By what date must I conduct performance tests?

For each affected source that is subject to the emission limits
specified in Table 1 to this subpart, you must conduct performance tests
within 180 calendar days after the compliance date that is specified for
your source in Sec.63.8545 and according to the provisions in Sec.
63.7(a)(2).

Sec.63.8590 When must I conduct subsequent performance tests?

(a) For each affected source that is subject to the emission limits
specified in Table 1 to this subpart, you must conduct a performance
test before renewing your 40 CFR part 70 operating permit or at least
every 5 years following the initial performance test.
(b) You must conduct a performance test when you want to change the
parameter value for any operating limit specified in your OM&M plan.

Sec.63.8595 How do I conduct performance tests and establish operating limits?

(a) You must conduct each performance test in Table 4 to this
subpart that applies to you.
(b) Before conducting the performance test, you must install and
calibrate all monitoring equipment.
(c) Each performance test must be conducted according to the
requirements in Sec.63.7 and under the specific conditions in Table 4
to this subpart. Stacks to be tested at sanitaryware manufacturing
facilities shall be limited to products of combustion (POC) stacks and
not include cooling stacks.
(d) Performance tests shall be conducted under such conditions as
the Administrator specifies to you based on representative performance
of the affected source for the period being tested. Representative
conditions exclude periods of startup and shutdown. You may not conduct
performance tests during periods of malfunction. You 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, you shall
make available to the Administrator such records as may be necessary to
determine the conditions of performance tests.
(e) You must conduct at least three separate test runs for each
performance test required in this section, as specified in Sec.
63.7(e)(3). Each test run must last at least 1 hour.
(f) You must use the data gathered during the performance test and
the equations in paragraphs (f)(1) through (4) of this section to
determine compliance with the emission limitations.
(1) To determine compliance with the production-based particulate
matter (PM) and mercury (Hg) emission limits for ceramic tile roller
kilns and sanitaryware tunnel kilns in Table 1 to this subpart, you must
calculate your mass emissions per unit of production for each test run
using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR26OC15.021

[[Page 418]]

Where:

MP = mass per unit of production, kilograms (pounds) of pollutant per
megagram (ton) of throughput
ER = mass emission rate of pollutant (PM or Hg) during each performance
test run, kilograms (pounds) per hour
P = production rate during each performance test run, megagrams (tons)
of throughput per hour.

(2) To determine compliance with the PM emission limits for ceramic
tile glaze lines with glaze spraying and sanitaryware glaze spray booths
in Table 1 to this subpart, you must calculate your mass emissions per
unit of first-fire glaze sprayed (dry weight basis) for each test run
using Equation 2:
[GRAPHIC] [TIFF OMITTED] TR26OC15.022

Where:

MG = mass per unit of glaze application, kilograms (pounds) of PM per
megagram (ton) of first-fire glaze sprayed (dry weight basis)
ER = mass emission rate of PM during each performance test run,
kilograms (pounds) per hour
G = glaze application rate during each performance test run, megagrams
(tons) of first-fire glaze sprayed per hour (dry weight
basis).

(3) To determine compliance with the dioxin/furan emission limits
for tunnel and roller kilns, ceramic tile spray dryers, and floor tile
press dryers in Table 1 to this subpart, you must calculate the sum of
the 2,3,7,8-tetrachlorodibenzo-p-dioxin (2,3,7,8-TCDD) toxic equivalents
(TEQs) for each test run using Equation 3:
[GRAPHIC] [TIFF OMITTED] TR26OC15.023

Where:

TEQ = sum of the 2,3,7,8-TCDD TEQs, nanograms per kilogram of throughput
processed.
Mi = mass of dioxin or furan congener i during performance
test run, nanograms
TEFi = 2,3,7,8-TCDD toxic equivalency factor (TEF) for
congener i, as provided in Table 5 to this subpart
n = number of congeners included in TEQ
Tr = time of performance test run, hours
P = production rate during performance test run, kilograms of throughput
processed per hour.

(4) To determine compliance with the health-based standard for acid
gas HAP for clay ceramics manufacturing facilities in Table 1 to this
subpart, you must:
(i) Calculate the HCl-equivalent emissions for HF and HCl for each
tunnel or roller kiln at your facility using Equation 4:
[GRAPHIC] [TIFF OMITTED] TR26OC15.024

[[Page 419]]

Where:

Ei = HCl-equivalent emissions for kiln i, kilograms (pounds)
per hour
EHCl = emissions of HCl, kilograms (pounds) per hour
EHF = emissions of HF, kilograms (pounds) per hour
RfCHCl = reference concentration for HCl, 20 micrograms per
cubic meter
RfCHF = reference concentration for HF, 14 micrograms per
cubic meter

(ii) If you have multiple tunnel or roller kilns at your facility,
sum the HCl-equivalent values for all tunnel or roller kilns at the
facility using Equation 5:
[GRAPHIC] [TIFF OMITTED] TR26OC15.025

Where:

(iii) Compare this value to the health-based standard in Table 1 to
this subpart.
(g) You must establish each site-specific operating limit in Table 2
to this subpart that applies to you as specified in paragraph (g)(1) of
this section and in Table 4 to this subpart.
(1)(i) If you do not have an APCD installed on your tunnel or roller
kiln, you must calculate the maximum potential HCl-equivalent emissions
for HF and HCl for each tunnel or roller kiln at your facility using
Equation 6:
[GRAPHIC] [TIFF OMITTED] TR26OC15.026

Where:

Emax i = maximum potential HCl-equivalent emissions for kiln
i, kilograms (pounds) per hour
Capi = design capacity for kiln i, megagrams (tons) of
throughput per hour
MPiHCl = mass of HCl per unit of production for kiln i,
kilograms (pounds) of HCl per megagram (ton) of throughput
MPiHF = mass of HF per unit of production for kiln i,
kilograms (pounds) of HF per megagram (ton) of throughput
RfCHCl = reference concentration for HCl, 20 micrograms per
cubic meter
RfCHF = reference concentration for HF, 14 micrograms per
cubic meter

(ii) If you have multiple tunnel or roller kilns at your facility,
sum the maximum potential HCl-equivalent values for all tunnel or roller
kilns at the facility using Equation 7:
[GRAPHIC] [TIFF OMITTED] TR26OC15.027

Where:

[[Page 420]]

(iii) If you have a single tunnel or roller kiln at your facility
and the total facility maximum potential HCl-equivalent emissions
(Emax total) are greater than the HCl-equivalent limit in
Table 1 to this subpart, you must determine the maximum process rate for
the kiln using Equation 8 that would ensure the total facility maximum
potential HCl-equivalent emissions remain at or below the HCl-equivalent
limit. The maximum process rate would become your operating limit for
process rate and must be included in your OM&M plan.
[GRAPHIC] [TIFF OMITTED] TR26OC15.028

Where:

Pmax i = maximum process rate for kiln i, megagrams (tons)
per hour
HCl-eq = HCl-equivalent limit in Table 1 to this subpart, 62 kilograms
(140 pounds) per hour
MPiHCl = mass of HCl per unit of production for kiln i,
kilograms (pounds) of HCl per megagram (ton) of throughput
MPiHF = mass of HF per unit of production for kiln i,
kilograms (pounds) of HF per megagram (ton) of throughput
RfCHCl = reference concentration for HCl, 20 micrograms per
cubic meter
RfCHF = reference concentration for HF, 14 micrograms per
cubic meter

(iv) If you have multiple tunnel or roller kilns at your facility
and the total facility maximum potential HCl-equivalent emissions
(Emax total) are greater than the HCl-equivalent limit in
Table 1 to this subpart, you must determine the combination of maximum
process rates that would ensure that total facility maximum potential
HCl-equivalent remains at or below the HCl-equivalent limit. The maximum
process rates would become your operating limits for process rate and
must be included in your OM&M plan.
(2) [Reserved]
(h)(1) As an alternative to meeting the requirements of Sec.
63.8555 for PM or mercury, if you have more than one existing source in
any subcategories located at your facility, you may demonstrate
compliance by emissions averaging, if your averaged emissions are no
higher than the applicable emission limit, according to the procedures
in this section. You may not include new or reconstructed sources in an
emissions average.
(2) For a group of two or more existing sources in the same
subcategory that each vent to a separate stack, you may average PM or
mercury emissions among existing units to demonstrate compliance with
the limits in Table 1 to this subpart as specified in paragraph
(h)(2)(i) through (iv) of this section, if you satisfy the requirements
in paragraphs (h)(3) and (4) of this section.
(i) You may average across existing sources in the same kiln type
and size category (e.g., roller or tunnel kilns, large or small kilns)
and the same subcategory (e.g., sanitaryware manual or spray machine or
robot glaze application) where applicable;
(ii) You may not include a unit in the emissions average if the unit
shares a common stack with units in other subcategories;
(iii) You may not include spray dryers or press dryers in the
emissions average; and
(iv) You may not average between different types of pollutants.
(3) The averaged emissions rate from the existing sources
participating in the emissions averaging option must not exceed the
limits in Table 1 to this subpart at all times the affected units are
subject to numeric emission limits following the compliance date
specified in Sec.63.8545.
(4)(i) You must demonstrate initial compliance using the maximum
process rate and the results of the initial performance tests.

[[Page 421]]

(ii) You must use Equation 9 of this section to demonstrate that the
PM or mercury emissions from all existing units participating in the
emissions averaging option for that pollutant do not exceed the emission
limits in Table 1 to this subpart.
[GRAPHIC] [TIFF OMITTED] TR01NO19.003

Where:

ERi = Average weighted emissions for PM or mercury, in units
of kilograms (pounds) per megagram (ton) of fired product for
existing floor tile roller kilns and wall tile roller kilns,
greenware fired for existing first-fired sanitaryware tunnel
kilns, and first-fire glaze sprayed (dry weight basis) for
existing tile glaze lines with glaze spraying and average
weighted emissions for PM, in units of kilograms (pounds) per
megagram (ton) of first-fire glaze sprayed (dry weight basis)
for existing sanitaryware manual, spray machine, or robot
glaze applications.
Ei = Emission rate (as determined during the initial
compliance demonstration) of PM or mercury from unit i, in
units of kilograms (pounds) per megagram (ton). Determine the
emission rate for PM or mercury by performance testing
according to Table 4 to this subpart using the applicable
equation in paragraph (f) of this section.
Pmax i = Maximum process rate for unit i, in units of
megagrams per hour (tons per hour).
n = Number of units participating in the emissions averaging option.

(5) You must develop and submit upon request to the applicable
Administrator for review and approval, an implementation plan for
emissions averaging according to the following procedures and
requirements in paragraphs (h)(5)(i) through (iv) of this section.
(i) If requested, you must submit the implementation plan no later
than 180 days before the date that the facility intends to demonstrate
compliance using the emissions averaging option.
(ii) You must include the information contained in paragraphs
(h)(5)(ii)(A) through (D) of this section in your implementation plan
for all emission sources included in an emissions average:
(A) The identification of all existing sources in the averaging
group, including for each either the applicable HAP emissions level or
the control technology installed and the date on which you are
requesting emissions averaging to commence;
(B) The specific control technology or pollution prevention measure
to be used for each source in the averaging group and the date of its
installation or application. If the pollution prevention measure reduces
or eliminates emissions from multiple sources, the owner or operator
must identify each source;
(C) The test plan for the measurement of emissions in accordance
with the requirements in this section; and
(D) The operating parameters to be monitored for each control system
or device consistent with Sec.63.8555 and Table 2 to this subpart, and
a description of how the operating limits will be determined.
(iii) If submitted upon request, the Administrator shall review and
approve or disapprove the plan according to the following criteria:
(A) Whether the content of the plan includes all of the information
specified in paragraph (h)(5)(ii) of this section; and
(B) Whether the plan presents sufficient information to determine
that compliance will be achieved and maintained.
(iv) The applicable Administrator shall not approve an emissions
averaging implementation plan containing any of the following
provisions:
(A) Any averaging between emissions of differing pollutants or
between differing sources; or
(B) The inclusion of any emission source other than an existing unit
in the same subcategories.
(i) For each affected source that is subject to the emission limits
specified in Table 1 to this subpart and is

[[Page 422]]

equipped with an APCD that is not addressed in Table 2 to this subpart
or that is using process changes as a means of meeting the emission
limits in Table 1 to this subpart, you must meet the requirements in
Sec.63.8(f) and paragraphs (i)(1) and (2) of this section.
(1) Submit a request for approval of alternative monitoring
procedures to the Administrator no later than the notification of intent
to conduct a performance test. The request must contain the information
specified in paragraphs (i)(1)(i) through (iv) of this section.
(i) A description of the alternative APCD or process changes.
(ii) The type of monitoring device or procedure that will be used.
(iii) The operating parameters that will be monitored.
(iv) The frequency that the operating parameter values will be
determined and recorded to establish continuous compliance with the
operating limits.
(2) Establish site-specific operating limits during the performance
test based on the information included in the approved alternative
monitoring procedures request and, as applicable, as specified in Table
4 to this subpart.

[80 FR 65543, Oct. 26, 2015, as amended at 84 FR 58606, Nov. 1, 2019]

Sec.63.8600 What are my monitoring installation, operation,
and maintenance requirements?

(a) You must install, operate, and maintain each CMS according to
your OM&M plan and the requirements in paragraphs (a)(1) through (5) of
this section.
(1) Conduct a performance evaluation of each CMS according to your
OM&M plan.
(2) The CMS must complete a minimum of one cycle of operation for
each successive 15-minute period. To have a valid hour of data, you must
have at least three of four equally spaced data values (or at least 75
percent if you collect more than four data values per hour) for that
hour (not including startup, shutdown, malfunction, out-of-control
periods, or periods of routine control device maintenance covered by the
routine control device maintenance alternative standard as specified in
Sec.63.8570(d)).
(3) Determine and record the 3-hour block averages of all recorded
readings, calculated after every 3 hours of operation as the average of
the previous 3 operating hours. To calculate the average for each 3-hour
average period, you must have at least 75 percent of the recorded
readings for that period (not including startup, shutdown, malfunction,
out-of-control periods, or periods of routine control device maintenance
covered by the routine control device maintenance alternative standard
as specified in Sec.63.8570(d)).
(4) Record the results of each inspection, calibration, and
validation check.
(5) At all times, maintain the monitoring equipment including, but
not limited to, maintaining necessary parts for routine repairs of the
monitoring equipment.
(b) For each liquid flow measurement device, you must meet the
requirements in paragraphs (a)(1) through (5) and paragraphs (b)(1)
through (3) of this section.
(1) Locate the flow sensor in a position that provides a
representative flowrate.
(2) Use a flow sensor with a minimum measurement sensitivity of 2
percent of the liquid flowrate.
(3) At least semiannually, conduct a flow sensor calibration check.
(c) For each pressure measurement device, you must meet the
requirements in paragraphs (a)(1) through (5) and paragraphs (c)(1)
through (7) of this section.
(1) Locate the pressure sensor(s) in or as close to a position that
provides a representative measurement of the pressure.
(2) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion.
(3) Use a gauge with a minimum measurement sensitivity of 0.5 inch
of water or a transducer with a minimum measurement sensitivity of 1
percent of the pressure range.
(4) Check the pressure tap daily to ensure that it is not plugged.
(5) Using a manometer, check gauge calibration quarterly and
transducer calibration monthly.

[[Page 423]]

(6) Any time the sensor exceeds the manufacturer's specified maximum
operating pressure range, conduct calibration checks or install a new
pressure sensor.
(7) At least monthly, inspect all components for integrity, all
electrical connections for continuity, and all mechanical connections
for leakage.
(d) For each pH measurement device, you must meet the requirements
in paragraphs (a)(1) through (5) and paragraphs (d)(1) through (4) of
this section.
(1) Locate the pH sensor in a position that provides a
representative measurement of pH.
(2) Ensure the sample is properly mixed and representative of the
fluid to be measured.
(3) Check the pH meter's calibration at one point daily.
(4) At least monthly, inspect all components for integrity and all
electrical connections for continuity.
(e) For each bag leak detection system, you must meet the
requirements in paragraphs (e)(1) through (11) of this section.
(1) Each triboelectric bag leak detection system must be installed,
calibrated, operated, and maintained according to the EPA-454/R-98-015,
``Fabric Filter Bag Leak Detection Guidance,'' (incorporated by
reference, see Sec.63.14). Other types of bag leak detection systems
must be installed, operated, calibrated, and maintained in a manner
consistent with the manufacturer's written specifications and
recommendations.
(2) The bag leak detection system must be certified by the
manufacturer to be capable of detecting PM emissions at concentrations
of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic
foot) or less.
(3) The bag leak detection system sensor must provide an output of
relative PM loadings.
(4) The bag leak detection system must be equipped with a device to
continuously record the output signal from the sensor.
(5) The bag leak detection system must be equipped with an audible
alarm system that will sound automatically when an increase in relative
PM emissions over a preset level is detected. The alarm must be located
where it is easily heard by plant operating personnel.
(6) For positive pressure fabric filter systems, a bag leak detector
must be installed in each baghouse compartment or cell.
(7) For negative pressure or induced air fabric filters, the bag
leak detector must be installed downstream of the fabric filter.
(8) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
(9) The baseline output must be established by adjusting the range
and the averaging period of the device and establishing the alarm set
points and the alarm delay time according to section 5.0 of the ``Fabric
Filter Bag Leak Detection Guidance,'' (incorporated by reference, see
Sec.63.14).
(10) Following initial adjustment of the system, the sensitivity or
range, averaging period, alarm set points, or alarm delay time may not
be adjusted except as detailed in your OM&M plan. In no case may the
sensitivity be increased by more than 100 percent or decreased more than
50 percent over a 365-day period unless such adjustment follows a
complete fabric filter inspection which demonstrates that the fabric
filter is in good operating condition, as defined in section 5.2 of the
``Fabric Filter Bag Leak Detection Guidance,'' (incorporated by
reference, see Sec.63.14). Record each adjustment.
(11) Record the results of each inspection, calibration, and
validation check.
(f) For each lime, chemical, or carbon feed rate measurement device,
you must meet the requirements in paragraphs (a)(1) through (5) and
paragraphs (f)(1) and (2) of this section.
(1) Locate the measurement device in a position that provides a
representative feed rate measurement.
(2) At least semiannually, conduct a calibration check.
(g) For each temperature measurement device, you must meet the
requirements in paragraphs (a)(1) through (5) and paragraphs (g)(1)
through (3) of this section.
(1) Locate the measurement device in a position that provides a
representative temperature.

[[Page 424]]

(2) Use a measurement device with a minimum sensitivity of 1 percent
of the temperature being measured.
(3) At least semiannually, conduct a calibration check.
(h) Requests for approval of alternate monitoring procedures must
meet the requirements in Sec. Sec.63.8595(h) and 63.8(f).

Sec.63.8605 How do I demonstrate initial compliance with the
emission limitations and work practice standards?

(a) You must demonstrate initial compliance with each emission
limitation and work practice standard that applies to you according to
Table 6 to this subpart.
(b) You must establish each site-specific operating limit in Table 2
to this subpart that applies to you according to the requirements in
Sec.63.8595 and Table 4 to this subpart.
(c) You must submit the Notification of Compliance Status containing
the results of the initial compliance demonstration according to the
requirements in Sec.63.8630(c).

[80 FR 65543, Oct. 26, 2015, as amended at 80 FR 75817, Dec. 4, 2015]

Continuous Compliance Requirements

Sec.63.8615 How do I monitor and collect data to demonstrate
continuous compliance?

(a) You must monitor and collect data according to this section.
(b) Except for periods of monitor malfunctions, associated repairs,
and required quality assurance or control activities (including, as
applicable, calibration checks and required zero and span adjustments),
you must monitor continuously (or collect data at all required
intervals) at all times that the affected source is operating. This
includes periods of startup, shutdown, malfunction, and routine control
device maintenance as specified in Sec.63.8570(d) when the affected
source is operating.
(c) You may not use data recorded during monitoring malfunctions,
associated repairs, out-of-control periods, or required quality
assurance or control activities for purposes of calculating data
averages. You must use all the valid data collected during all other
periods in assessing compliance. Any averaging period for which you do
not have valid monitoring data and such data are required constitutes a
deviation from the monitoring requirements.

Sec.63.8620 How do I demonstrate continuous compliance with the
emission limitations and work practice standards?

(a) You must demonstrate continuous compliance with each emission
limit, operating limit, and work practice standard in Tables 1, 2, and 3
to this subpart that applies to you according to the methods specified
in Table 7 to this subpart.
(b) For each affected source that is subject to the emission limits
specified in Table 1 to this subpart and is equipped with an APCD that
is not addressed in Table 2 to this subpart, or that is using process
changes as a means of meeting the emission limits in Table 1 to this
subpart, you must demonstrate continuous compliance with each emission
limit in Table 1 to this subpart, and each operating limit established
as required in Sec.63.8595(h)(2) according to the methods specified in
your approved alternative monitoring procedures request, as described in
Sec. Sec.63.8595(h)(1) and 63.8(f).
(c) You must report each instance in which you did not meet each
emission limit and operating limit in this subpart that applies to you.
These instances are deviations from the emission limitations in this
subpart. These deviations must be reported according to the requirements
in Sec.63.8635(c)(8).
(d) [Reserved]
(e)(1) Visible emissions testing. You must demonstrate continuous
compliance with the operating limits in Table 2 to this subpart for
visible emissions (VE) from tunnel or roller kilns that are uncontrolled
or equipped with DIFF, DLS/FF, or other dry control device by monitoring
VE at each kiln stack according to the requirements in paragraphs
(e)(1)(i) through (iii) of this section.
(i) Perform daily VE observations of each kiln stack according to
the procedures of Method 22 of 40 CFR part 60, appendix A-7. You must
conduct the Method 22 test while the affected

[[Page 425]]

source is operating under normal conditions. The duration of each Method
22 test must be at least 15 minutes.
(ii) If VE are observed during any daily test conducted using Method
22 of 40 CFR part 60, appendix A-7, you must promptly initiate and
complete corrective actions according to your OM&M plan. If no VE are
observed in 30 consecutive daily Method 22 tests for any kiln stack, you
may decrease the frequency of Method 22 testing from daily to weekly for
that kiln stack. If VE are observed during any weekly test, you must
promptly initiate and complete corrective actions according to your OM&M
plan, resume Method 22 testing of that kiln stack on a daily basis, and
maintain that schedule until no VE are observed in 30 consecutive daily
tests, at which time you may again decrease the frequency of Method 22
testing to a weekly basis.
(iii) If VE are observed during any test conducted using Method 22
of 40 CFR part 60, appendix A-7, you must report these deviations by
following the requirements in Sec.63.8635.
(2) Alternative to VE testing. You must demonstrate continuous
compliance with the operating limits in Table 2 to this subpart for kiln
temperature profile for tunnel or roller kilns that are uncontrolled or
equipped with DIFF, DLS/FF, or other dry control device by maintaining
the kiln operating temperature within the range of acceptable
temperatures (i.e., temperature profile) established for each kiln and
product. For any incidence where the kiln is operating outside of its
acceptable temperature range (i.e., exceeds its temperature profile) for
the product being fired, you must record the incident as a deviation,
and perform the necessary corrective action in accordance with your OM&M
plan to return the kiln to the acceptable operating temperature for the
product being fired. To confirm the kiln has returned to the acceptable
temperature range, you will monitor VE at the kiln stack according to
the requirements in paragraphs (e)(2)(i) through (iii) of this section.
(i) Perform VE observations at the stack of each kiln operating
outside of its temperature profile according to the procedures of Method
22 of 40 CFR part 60, appendix A-7. The duration of each Method 22 test
must be at least 15 minutes.
(ii) If VE are observed during any test conducted using Method 22 of
40 CFR part 60, appendix A-7, you must continue to perform corrective
action until VE are no longer observed.
(iii) If VE are observed during any test conducted using Method 22
of 40 CFR part 60, appendix A-7, you must report these deviations by
following the requirements in Sec.63.8635.
(f) Following the compliance date, you must demonstrate compliance
with the emissions averaging provision under this subpart on a
continuous basis by meeting the requirements of paragraphs (f)(1)
through (3) of this section.
(1)(i) After the initial compliance demonstration described in Sec.
63.8595(h)(4), you must demonstrate compliance on a monthly basis
determined at the end of every month (12 times per year) according to
paragraph (f)(1)(ii) of this section. The first monthly period begins on
the compliance date specified in Sec.63.8545.
(ii) For each calendar month, you must use Equation 10 of this
section to calculate the average weighted emission rate for that month.
[GRAPHIC] [TIFF OMITTED] TR01NO19.004

Where:

[[Page 426]]

first-fire glaze sprayed (dry weight basis) for existing
sanitaryware manual, spray machine, or robot glaze
applications, for that calendar month.
Ei = Emission rate (as determined during the most recent
compliance demonstration) of PM or mercury from unit i, in
units of kilograms (pounds) per megagram (ton). Determine the
emission rate for PM or mercury by performance testing
according to Table 4 to this subpart using the applicable
equation in Sec.63.8595(f).
Pmonth i = The process rate for that calendar month for unit
i, in units of megagrams (tons).
n = Number of units participating in the emissions averaging option.

(2) Until 12 monthly weighted average emission rates have been
accumulated, calculate and report only the average weighted emission
rate determined under paragraph (f)(1)(ii) of this section for each
calendar month. After 12 monthly weighted average emission rates have
been accumulated, for each subsequent calendar month, use Equation 11 of
this section to calculate the 12-month rolling average of the monthly
weighted average emission rates for the current calendar month and the
previous 11 calendar months.
[GRAPHIC] [TIFF OMITTED] TR01NO19.005

Where:

Eavg = 12-month rolling average emission rate for PM or
mercury, in units of kilograms (pounds) per megagram (ton) of
fired product for existing floor tile roller kilns and wall
tile roller kilns, greenware fired for existing first-fired
sanitaryware tunnel kilns, and first-fire glaze sprayed (dry
weight basis) for existing tile glaze lines with glaze
spraying and average weighted emissions for PM, in units of
kilograms (pounds) per megagram (ton) of first-fire glaze
sprayed (dry weight basis) for existing sanitaryware manual,
spray machine, or robot glaze applications.
ERi = Monthly weighted average, for calendar month ``i,'' in
units of kilograms (pounds) per megagram (ton), as calculated
by paragraph (f)(1)(ii) of this section.

(3) For each existing unit participating in the emissions averaging
option, you must comply with the continuous compliance requirements in
Table 7 to this subpart.
(g) Any instance where you fail to comply with the continuous
monitoring requirements in paragraphs (f)(1) through (3) of this section
is a deviation.

[80 FR 65543, Oct. 26, 2015, as amended at 84 FR 58607, Nov. 1, 2019]

Notifications, Reports, and Records

Sec.63.8630 What notifications must I submit and when?

(a) You must submit all of the notifications in Sec. Sec.63.7(b)
and (c), 63.8(f)(4), and 63.9 (b) through (e), (g)(1), and (h) that
apply to you, by the dates specified.
(b) You must submit all of the notifications specified in Table 9 to
this subpart that apply to you, by the dates specified.
(c) If you are required to conduct a performance test or other
initial compliance demonstration as specified in Tables 4 and 6 to this
subpart, your Notification of Compliance Status as specified in Table 9
to this subpart must include the information in paragraphs (c)(1)
through (4) of this section.
(1) The requirements in Sec.63.9(h)(2)(i).
(2) The operating limit parameter values established for each
affected source with supporting documentation and a description of the
procedure used to establish the values.
(3) For each APCD that includes a fabric filter, if a bag leak
detection system is used, analysis and supporting documentation
demonstrating conformance with EPA guidance and specifications for bag
leak detection systems in Sec.63.8600(e).

[[Page 427]]

(4) Identification of whether you plan to demonstrate compliance by
emissions averaging. If you plan to demonstrate compliance by emissions
averaging, report the emissions level that was being achieved or the
control technology employed on December 28, 2015.
(d) If you own or operate an affected kiln that is subject to the
work practice standard specified in Item 1 of Table 3 to this subpart,
and you intend to use a fuel other than natural gas or equivalent to
fire the affected kiln, your notification of alternative fuel use must
include the information specified in paragraphs (d)(1) through (5) of
this section.
(1) Company name and address.
(2) Identification of the affected kiln.
(3) Reason you are unable to use natural gas or equivalent fuel,
including the date when the natural gas curtailment was declared or the
natural gas supply interruption began.
(4) Type of alternative fuel that you intend to use.
(5) Dates when the alternative fuel use is expected to begin and
end.

[80 FR 65543, Oct. 26, 2015, as amended at 84 FR 58608, Nov. 1, 2019]

Sec.63.8635 What reports must I submit and when?

(a) You must submit each report in Table 10 to this subpart that
applies to you.
(b) Unless the Administrator has approved a different schedule for
submission of reports under Sec.63.10(a), you must submit each report
by the date in Table 10 to this subpart and as specified in paragraphs
(b)(1) through (5) of this section.
(1) The first compliance report must cover the period beginning on
the compliance date that is specified for your affected source in Sec.
63.8545 and ending on either June 30 or December 31. This reporting
period must be at least 6 months, but less than 12 months. For example,
if your compliance date is March 1, then the first semiannual reporting
period would begin on March 1 and end on December 31.
(2) The first compliance report must be postmarked or delivered no
later than July 31 or January 31 for compliance periods ending on June
30 and December 31, respectively.
(3) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
(4) Each subsequent compliance report must be postmarked or
delivered no later than July 31 or January 31 for compliance periods
ending on June 30 and December 31, respectively.
(5) For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the
permitting authority has established dates for submitting semiannual
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance
reports according to the dates the permitting authority has established
instead of the dates in paragraphs (b)(1) through (4) of this section.
(c) The compliance report must contain the information in paragraphs
(c)(1) through (9) of this section.
(1) Company name and address.
(2) Statement by a responsible official with that official's name,
title, and signature, certifying that, based on information and belief
formed after reasonable inquiry, the statements and information in the
report are true, accurate, and complete.
(3) Date of report and beginning and ending dates of the reporting
period.
(4) A description of control device maintenance performed while the
control device was offline and the affected source controlled by the
control device was operating, including the information specified in
paragraphs (c)(4)(i) through (iii) of this section.
(i) The date and time when the control device was shut down and
restarted.
(ii) Identification of the affected source that was operating and
the number of hours that the affected source operated while the control
device was offline.
(iii) A statement of whether or not the control device maintenance
was included in your approved routine control device maintenance request
developed as specified in Sec.63.8570(d). If the

[[Page 428]]

control device maintenance was included in your approved routine control
device maintenance request, then you must report the information in
paragraphs (c)(4)(iii)(A) through (C) of this section.
(A) The total amount of time that the affected source controlled by
the control device operated during the current semiannual compliance
period and during the previous semiannual compliance period.
(B) The amount of time that each affected source controlled by the
control device operated while the control device was offline for
maintenance covered under the routine control device maintenance
alternative standard during the current semiannual compliance period and
during the previous semiannual compliance period.
(C) Based on the information recorded under paragraphs
(c)(4)(iii)(A) and (B) of this section, compute the annual percent of
affected source operating uptime during which the control device was
offline for routine maintenance using Equation 12 of this section.
[GRAPHIC] [TIFF OMITTED] TR01NO19.006

Where:

RM = Annual percentage of affected source uptime during which control
device was offline for routine control device maintenance.
DTp = Control device downtime claimed under the routine
control device maintenance alternative standard for the
previous semiannual compliance period.
DTc = Control device downtime claimed under the routine
control device maintenance alternative standard for the
current semiannual compliance period.
SUp = Affected source uptime for the previous semiannual
compliance period.
SUc = Affected source uptime for the current semiannual
compliance period.

(5) If there are no deviations from any emission limitations
(emission limits or operating limits) or work practice standards that
apply to you, the compliance report must contain a statement that there
were no deviations from the emission limitations or work practice
standards during the reporting period.
(6) If there were no periods during which the CMS was out-of-control
as specified in your OM&M plan, the compliance report must contain a
statement that there were no periods during which the CMS was out-of-
control during the reporting period.
(7) The first compliance report must contain the startup production
rate for each ceramic tile roller kiln, floor tile press dryer, ceramic
tile spray dryer, and sanitaryware tunnel kiln; the minimum APCD inlet
temperature for each APCD; and the temperature profile for each ceramic
tile roller kiln, floor tile press dryer, ceramic tile spray dryer, and
sanitaryware tunnel kiln without an APCD.
(8) For each deviation that occurs at an affected source, report
such events in the compliance report by including the information in
paragraphs (c)(8)(i) through (iii) of this section.
(i) The date, time, and duration of the deviation.
(ii) A list of the affected sources or equipment for which the
deviation occurred.
(iii) An estimate of the quantity of each regulated pollutant
emitted over any emission limit, and a description of the method used to
estimate the emissions.
(9) If you plan to demonstrate compliance by emissions averaging,
certify the emissions level achieved or the control technology employed
is no less stringent than the level or control technology contained in
the notification of compliance status in Sec.63.8630(c)(4), including
all necessary documentation to support this certification, such as
inputs to Equations 9 through 11 of this subpart.
(d) For each deviation from an emission limitation (emission limit
or operating limit) occurring at an affected source where you are using
a CMS to comply with the emission limitations

[[Page 429]]

in this subpart, you must include the information in paragraphs (c)(1)
through (4) and (c)(8), and paragraphs (d)(1) through (11) of this
section. This includes periods of startup, shutdown, and routine control
device maintenance.
(1) The total operating time of each affected source during the
reporting period.
(2) The date and time that each CMS was inoperative, except for zero
(low-level) and high-level checks.
(3) The date, time, and duration that each CMS was out-of-control,
including the pertinent information in your OM&M plan.
(4) Whether each deviation occurred during routine control device
maintenance covered in your approved routine control device maintenance
alternative standard or during another period, and the cause of each
deviation (including unknown cause, if applicable).
(5) A description of any corrective action taken to return the
affected unit to its normal or usual manner of operation.
(6) A breakdown of the total duration of the deviations during the
reporting period into those that are due to startup, shutdown, control
equipment problems, process problems, other known causes, and other
unknown causes.
(7) A summary of the total duration of CMS downtime during the
reporting period and the total duration of CMS downtime as a percent of
the total source operating time during that reporting period.
(8) A brief description of the process units.
(9) A brief description of the CMS.
(10) The date of the latest CMS certification or audit.
(11) A description of any changes in CMS, processes, or control
equipment since the last reporting period.
(e) If you have obtained a title V operating permit according to 40
CFR part 70 or 40 CFR part 71, you must report all deviations as defined
in this subpart in the semiannual monitoring report required by 40 CFR
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a
compliance report according to Table 8 to this subpart along with, or as
part of, the semiannual monitoring report required by 40 CFR
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance
report includes all required information concerning deviations from any
emission limitation (including any operating limit), then submitting the
compliance report will satisfy any obligation to report the same
deviations in the semiannual monitoring report. However, submitting a
compliance report will not otherwise affect any obligation you may have
to report deviations from permit requirements to the permitting
authority.
(f) If you own or operate an affected kiln that is subject to the
work practice standard specified in Item 1 of Table 3 to this subpart,
and you use a fuel other than natural gas or equivalent to fire the
affected kiln, you must submit a report of alternative fuel use within
10 working days after terminating the use of the alternative fuel. The
report must include the information in paragraphs (f)(1) through (6) of
this section.
(1) Company name and address.
(2) Identification of the affected kiln.
(3) Reason for using the alternative fuel.
(4) Type of alternative fuel used to fire the affected kiln.
(5) Dates that the use of the alternative fuel started and ended.
(6) Amount of alternative fuel used.
(g) Within 60 calendar 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 test following the
procedure specified in either paragraph (g)(1) or (g)(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 website
(https://www.epa.gov/electronicreporting-air-emissions/
electronicreporting-tool-ert) at the time of the test, 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) (https://cdx.epa.gov/).)
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

[[Page 430]]

markup language (XML) schema listed on the EPA's ERT website. 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 website,
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 (g)(1).
(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 at the time of the
test, you must submit the results of the performance test to the
Administrator at the appropriate address listed in Sec.63.13.

[80 FR 65543, Oct. 26, 2015, as amended at 84 FR 58608, Nov. 1, 2019]

Sec.63.8640 What records must I keep?

(a) You must keep the records listed in paragraphs (a)(1) through
(3) of this section.
(1) A copy of each notification and report that you submitted to
comply with this subpart, including all documentation supporting any
Initial Notification or Notification of Compliance Status that you
submitted, according to the requirements in Sec.63.10(b)(2)(xiv).
(2) Records of performance tests as required in Sec.
63.10(b)(2)(viii).
(3) Records relating to control device maintenance and documentation
of your approved routine control device maintenance request, if you
request to use the alternative standard under Sec.63.8570(d).
(b) You must keep the records required in Table 7 to this subpart to
show continuous compliance with each emission limitation and work
practice standard that applies to you.
(c) You must also maintain the records listed in paragraphs (c)(1)
through (11) of this section.
(1) For each bag leak detection system, records of each alarm, the
time of the alarm, the time corrective action was initiated and
completed, and a brief description of the cause of the alarm and the
corrective action taken.
(2) For each deviation, record the information in paragraphs
(c)(2)(i) through (iv) of this section.
(i) The date, time, and duration of the deviation.
(ii) A list of the affected sources or equipment.
(iii) An estimate of the quantity of each regulated pollutant
emitted over any emission limit and a description of the method used to
estimate the emissions.
(iv) Actions taken to minimize emissions in accordance with Sec.
63.8570(b) and any corrective actions taken to return the affected unit
to its normal or usual manner of operation.
(3) For each affected source, records of production rates on a ton
throughput processed basis.
(4) Records for any approved alternative monitoring or test
procedures.
(5) Records of maintenance and inspections performed on the APCD.
(6) Current copies of your OM&M plan, including any revisions, with
records documenting conformance.
(7) Logs of the information required in paragraphs (c)(7)(i) through
(iii) of this section to document proper operation of your sanitaryware
shuttle kiln.
(i) Records of the firing time and temperature cycle for each
sanitaryware shuttle kiln. If all shuttle kilns use the same time and
temperature cycles, one copy may be maintained for each kiln. Reference
numbers must be assigned to use in log sheets.
(ii) For each sanitaryware shuttle kiln, a log that details the time
and temperature protocol reference number, and an indication of whether
the appropriate time and temperature cycle was fired.
(iii) For each sanitaryware shuttle kiln, a log of the actual
tonnage of greenware fired in the shuttle kiln and an indication of
whether the tonnage

[[Page 431]]

was below the maximum tonnage for that specific kiln.
(8) Logs of the maintenance procedures used to demonstrate
compliance with the maintenance requirements of the sanitaryware shuttle
kiln work practice standards specified in Table 3 to this subpart.
(9) For periods of startup and shutdown, records of the following
information:
(i) The date, time, and duration of each startup and/or shutdown
period, recording the periods when the affected source was subject to
the standard applicable to startup and shutdown.
(ii) For periods of startup, the production rate and exhaust
temperature prior to the time the exhaust reaches the minimum APCD inlet
temperature (for ceramic tile roller kilns, floor tile press dryers,
ceramic tile spray dryers, and sanitaryware tunnel kilns with an APCD)
or the temperature profile is attained (for ceramic tile roller kilns,
floor tile press dryers, ceramic tile spray dryers, and sanitaryware
tunnel kilns with no APCD).
(iii) For periods of shutdown, the production rate and exhaust
temperature after the time the exhaust falls below the minimum APCD
inlet temperature (for ceramic tile roller kilns, floor tile press
dryers, ceramic tile spray dryers, and sanitaryware tunnel kilns with an
APCD) or the temperature profile is no longer maintained (for ceramic
tile roller kilns, floor tile press dryers, ceramic tile spray dryers,
and sanitaryware tunnel kilns with no APCD).
(10) All site-specific parameters, temperature profiles, and
procedures required to be established or developed according to the
applicable work practice standards in Table 3 to this subpart.
(11) If you elect to average emissions consistent with Sec.
63.8595(h), you must additionally keep a copy of the emissions averaging
implementation plan required in Sec.63.8595(h)(5), all calculations
required under Sec.63.8595(h), including monthly records of process
rate, as applicable, and monitoring records consistent with Sec.
63.8620(f).

[80 FR 65543, Oct. 26, 2015, as amended at 84 FR 58609, Nov. 1, 2019]

Sec.63.8645 In what form and for how long must I keep my records?

Other Requirements and Information

Sec.63.8655 What parts of the General Provisions apply to me?

Table 11 to this subpart shows which parts of the General Provisions
in Sec. Sec.63.1 through 63.16 apply to you.

Sec.63.8660 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by us, the U.S.
EPA, or a delegated authority such as your state, local, or tribal
agency. If the U.S. EPA Administrator has delegated authority to your
state, local, or tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart. You
should contact your U.S. EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to your
state, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a state, local, or tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of the U.S. EPA and are not transferred to
the state, local, or tribal agency.
(c) The authorities that cannot be delegated to state, local, or
tribal agencies are as specified in paragraphs (c)(1) through (6) of
this section.
(1) Approval of alternatives to the applicability requirements in
Sec. Sec.63.8535 and 63.8540, the compliance date requirements in
Sec.63.8545, and the non-

[[Page 432]]

opacity emission limitations in Sec.63.8555.
(2) Approval of major changes to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec.63.90.
(3) Approval of major changes to monitoring under Sec.63.8(f) and
as defined in in Sec.63.90.
(4) Approval of major changes to recordkeeping and reporting under
Sec.63.10(f) and as defined in Sec.63.90.
(5) Approval of an alternative to any electronic reporting to the
EPA required by this subpart.
(6) Approval of a routine control device maintenance request under
Sec.63.8570(d).

Sec.63.8665 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in
Sec.63.2, and in this section as follows:
Air pollution control device (APCD) means any equipment that reduces
the quantity of a pollutant that is emitted to the air.
Bag leak detection system means an instrument that is capable of
monitoring PM loadings in the exhaust of a fabric filter in order to
detect bag failures. A bag leak detection system includes, but is not
limited to, an instrument that operates on triboelectric, light-
scattering, light-transmittance, or other effects to monitor relative PM
loadings.
Clay ceramics manufacturing facility means a plant site that
manufactures pressed floor tile, pressed wall tile, other pressed tile,
or sanitaryware (e.g., sinks and toilets). Clay ceramics manufacturing
facilities typically process clay, shale, and various additives, form
the processed materials into tile or sanitaryware shapes, and dry and
fire the ceramic products. Glazes are applied to many tile and
sanitaryware products. A plant site that manufactures refractory
products, as defined in Sec.63.9824, or brick and structural clay
products (BSCP), as defined in Sec.63.8515, is not a clay ceramics
manufacturing facility.
Cooling stack means a stack (release point) installed on the cooling
zone of a tunnel kiln to release air used to cool down the fired product
from its maximum temperature to room temperature. A cooling stack does
not release any air from the firing zone of the tunnel kiln.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart including, but not limited to, any emission limitation
(including any operating limit) or work practice standard; or
(2) Fails to meet any term or condition that is adopted to implement
an applicable requirement in this subpart for any affected source
required to obtain such a permit.
Dioxin/furan means, for purposes of this subpart, the sum of the
2,3,7,8-TCDD toxic equivalents calculated using Equation 3 of this
subpart.
Dry lime injection fabric filter (DIFF) means an APCD that includes
continuous injection of hydrated lime or other sorbent into a duct or
reaction chamber followed by a fabric filter.
Dry lime scrubber/fabric filter (DLS/FF) means an APCD that includes
continuous injection of humidified hydrated lime or other sorbent into a
reaction chamber followed by a fabric filter. These systems typically
include recirculation of some of the sorbent.
Emission limitation means any emission limit or operating limit.
Emissions averaging sources means, for purposes of the emissions
averaging provisions of Sec.63.8595(h), the collection of all existing
ceramic tile roller kilns, sanitaryware tunnel kilns, ceramic tile glaze
lines using glaze spraying, and sanitaryware glaze spray booths, within
a kiln type and size category and within a subcategory.
Fabric filter means an APCD used to capture PM by filtering a gas
stream through filter media; also known as a baghouse.
Fired product means clay ceramic or sanitaryware products that have
gone through the firing process via kilns.
Glaze means a coating of colored, opaque, or transparent material
applied to ceramic products before firing.
Glaze line means a production line for glazing ceramic products,
which includes glaze spraying (typically comprised of one or more glaze
spray

[[Page 433]]

booths) and other types of glazing operations (e.g., dipping, flooding,
centrifugal disc glazing, curtain coating).
Glaze spray booth means a type of equipment used for spraying glaze
on ceramic products.
Glaze spray operation means any type of glaze application that uses
glaze spraying, including glaze lines and glaze spray booths.
Greenware means clay ceramic or sanitaryware products that have not
gone through the firing process via kilns.
Initial startup means the time at which the kiln first reaches a
level of production that is equal to 75 percent of the kiln design
capacity or 12 months after the affected source begins firing clay
ceramics, whichever is earlier.
Kiln design capacity means the maximum amount of clay ceramics, in
Mg (tons), that a kiln is designed to produce in one year divided by the
number of hours in a year (8,760 hours), taking into account the void
space in the product, the push rate for the kiln, and the stacking
pattern, if applicable. If a kiln is modified to increase the capacity,
the design capacity is considered to be the capacity following
modifications.
Minimum APCD inlet temperature means the minimum temperature that
kiln exhaust can be vented to the APCD that ensures the long-term
integrity of the APCD.
Particulate matter (PM) means, for purposes of this subpart,
emissions of filterable PM that serve as a measure of total particulate
emissions, as measured by Method 5 (40 CFR part 60, appendix A-3) or
Method 29 (40 CFR part 60, appendix A-8), and as a surrogate for non-
mercury metal HAP contained in the particulates including, but not
limited to, antimony, arsenic, beryllium, cadmium, chromium, cobalt,
lead, manganese, nickel, and selenium.
Period of natural gas curtailment or supply interruption means a
period of time during which the supply of natural gas to an affected
facility is halted for reasons beyond the control of the facility. An
increase in the cost or unit price of natural gas does not constitute a
period of natural gas curtailment or supply interruption.
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.
Products of combustion (POC) stack means a stack (release point)
installed on the front end of the firing zone of a tunnel kiln to
release air used to heat the greenware from room temperature to its
maximum temperature.
Responsible official means responsible official as defined in 40 CFR
70.2.
Roller kiln means a continuous kiln similar to a tunnel kiln except
that the unfired ceramic product travels through the kiln in a single
layer on rollers. In the clay ceramics source category, roller kilns are
used at ceramic tile manufacturing plants.
Shuttle kiln means a batch firing kiln that is designed with a
removable superstructure that is tilted or raised using hydraulic struts
to allow entrance and egress. In the clay ceramics source category,
shuttle kilns are used at sanitaryware manufacturing plants.
Spray dryer means a drying chamber used to form a free-flowing
powder from a slurry of ceramic mix and water, to improve handling and
compaction. In the clay ceramics source category, spray dryers are used
at ceramic tile manufacturing plants.
Startup means the setting in operation of an affected source and
starting the production process.
Startup production rate means the kiln, press dryer or spray dryer
production rate required to bring the process unit to the proper
operating temperature during startup.
Tunnel kiln means any continuous kiln that is not a roller kiln that
is used to fire clay ceramics. In the clay ceramics source category,
tunnel kilns are used at sanitaryware manufacturing plants.
Wet scrubber (WS) means an APCD that uses water, which may include
caustic additives or other chemicals, as the sorbent. Wet scrubbers may
use any of various design mechanisms to increase the contact between
exhaust gases and the sorbent.

[[Page 434]]

Work practice standard means any design, equipment, work practice,
operational standard, or combination thereof, that is promulgated
pursuant to section 112(h) of the Clean Air Act.

[80 FR 65543, Oct. 26, 2015, as amended at 84 FR 58609, Nov. 1, 2019]

Tables to Subpart KKKKK of Part 63

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

As stated in Sec.63.8555, you must meet each emission limit in the
following table that applies to you:

------------------------------------------------------------------------
You must meet the following emission
For each . . . limits . . .
------------------------------------------------------------------------
1. Collection of all tunnel or HF and HCl emissions must not exceed
roller kilns at facility. 62 kilograms per hour (kg/hr) (140
pounds per hour (lb/hr)) HCl
equivalent, under the health-based
standard, as determined using
Equations 4 and 5 of this subpart.
2. Existing floor tile roller kiln a. PM emissions must not exceed
0.063 kilogram per megagram (kg/Mg)
(0.13 pound per ton (lb/ton)) of
fired product.
b. Hg emissions must not exceed 6.3
E-05 kg/Mg (1.3 E-04 lb/ton) of
fired product.
c. Dioxin/furan emissions must not
exceed 2.8 nanograms per kilogram
(ng/kg) of fired product.
3. Existing wall tile roller kiln. a. PM emissions must not exceed 0.19
kg/Mg (0.37 lb/ton) of fired
product.
b. Hg emissions must not exceed 1.1
E-04 kg/Mg (2.1 E-04 lb/ton) of
fired product.
c. Dioxin/furan emissions must not
exceed 0.22 ng/kg of fired product.
4. Existing first-fire a. PM emissions must not exceed 0.17
sanitaryware tunnel kiln. kg/Mg (0.34 lb/ton) of greenware
fired.
b. Hg emissions must not exceed 1.3
E-04 kg/Mg (2.6 E-04 lb/ton) of
greenware fired.
c. Dioxin/furan emissions must not
exceed 3.3 ng/kg of greenware
fired.
5. Existing tile glaze line with a. PM emissions must not exceed 0.93
glaze spraying. kg/Mg (1.9 lb/ton) of first-fire
glaze sprayed (dry weight basis).
b. Hg emissions must not exceed 8.0
E-05 kg/Mg (1.6 E-04 lb/ton) of
first-fire glaze sprayed (dry
weight basis).
6. Existing sanitaryware manual PM emissions must not exceed 18 kg/
glaze application. Mg (35 lb/ton) of first-fire glaze
sprayed (dry weight basis).
7. Existing sanitaryware spray PM emissions must not exceed 6.2 kg/
machine glaze application. Mg (13 lb/ton) of first-fire glaze
sprayed (dry weight basis).
8. Existing sanitaryware robot PM emissions must not exceed 4.5 kg/
glaze application. Mg (8.9 lb/ton) of first-fire glaze
sprayed (dry weight basis).
9. Existing floor tile spray dryer Dioxin/furan emissions must not
exceed 19 ng/kg of throughput
processed.
10. Existing wall tile spray dryer Dioxin/furan emissions must not
exceed 0.058 ng/kg of throughput
processed.
11. Existing floor tile press Dioxin/furan emissions must not
dryer. exceed 0.024 ng/kg of throughput
processed.
12. New or reconstructed floor a. PM emissions must not exceed
tile roller kiln. 0.019 kg/Mg (0.037 lb/ton) of fired
product.
b. Hg emissions must not exceed 2.0
E-05 kg/Mg (3.9 E-05 lb/ton) of
fired product.
c. Dioxin/furan emissions must not
exceed 1.3 ng/kg of fired product.
13. New or reconstructed wall tile a. PM emissions must not exceed 0.19
roller kiln. kg/Mg (0.37 lb/ton) of fired
product.
b. Hg emissions must not exceed 1.1
E-04 kg/Mg (2.1 E-04 lb/ton) of
fired product.
c. Dioxin/furan emissions must not
exceed 0.22 ng/kg of fired product.
14. New or reconstructed first- a. PM emissions must not exceed
fire sanitaryware tunnel kiln. 0.048 kg/Mg (0.095 lb/ton) of
greenware fired.
b. Hg emissions must not exceed 6.1
E-05 kg/Mg (1.3 E-04 lb/ton) of
greenware fired.
c. Dioxin/furan emissions must not
exceed 0.99 ng/kg of greenware
fired.
15. New or reconstructed tile a. PM emissions must not exceed 0.31
glaze line with glaze spraying. kg/Mg (0.61 lb/ton) of first-fire
glaze sprayed (dry weight basis).
b. Hg emissions must not exceed 8.0
E-05 kg/Mg (1.6 E-04 lb/ton) of
first-fire glaze sprayed (dry
weight basis).
16. New or reconstructed PM emissions must not exceed 2.0 kg/
sanitaryware manual glaze Mg (3.9 lb/ton) of first-fire glaze
application. sprayed (dry weight basis).
17. New or reconstructed PM emissions must not exceed 1.6 kg/
sanitaryware spray machine glaze Mg (3.2 lb/ton) of first-fire glaze
application. sprayed (dry weight basis).
18. New or reconstructed PM emissions must not exceed 1.2 kg/
sanitaryware robot glaze Mg (2.3 lb/ton) of first-fire glaze
application. sprayed (dry weight basis).
19. New or reconstructed floor Dioxin/furan emissions must not
tile spray dryer. exceed 0.071 ng/kg of throughput
processed.
20. New or reconstructed wall tile Dioxin/furan emissions must not
spray dryer. exceed 0.058 ng/kg of throughput
processed.
21. New or reconstructed floor Dioxin/furan emissions must not
tile press dryer. exceed 0.024 ng/kg of throughput
processed.

[[Page 435]]

22. Collection of emissions PM emissions must not exceed the
averaging sources. applicable emission limit, under
the emissions averaging option, as
determined using Equations 9
through 11 of this subpart.
23. Collection of emissions Hg emissions must not exceed the
averaging sources. applicable emission limit, under
the emissions averaging option, as
determined using Equations 9
through 11 of this subpart.
------------------------------------------------------------------------

[84 FR 58609, Nov. 1, 2019]

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

As stated in Sec.63.8555, you must meet each operating limit in
the following table that applies to you:

------------------------------------------------------------------------
For each . . . You must . . . Or you must . . .
------------------------------------------------------------------------
1. Tunnel or roller kiln a. If you use a bag i. Maintain no VE
equipped with a DIFF or DLS/ leak detection from the DIFF or
FF. system, initiate DLS/FF stack; or
corrective action ii. Maintain your
within 1 hour of a kiln operating
bag leak detection temperature within
system alarm and the range of
complete corrective acceptable
actions in temperatures (i.e.,
accordance with temperature profile
your OM&M plan; established for
operate and each kiln and
maintain the fabric product.
filter such that
the alarm is not
engaged for more
than 5 percent of
the total operating
time in a 6-month
block reporting
period; and
b. Maintain free-
flowing lime in the
feed hopper or silo
and to the APCD at
all times for
continuous
injection systems;
maintain the feeder
setting (on a per
ton of throughput
basis) at or above
the level
established during
the performance
test for continuous
injection systems
in which compliance
was demonstrated.
2. Tunnel or roller kiln a. Maintain the
equipped with a WS. average scrubber
liquid pH for each
3-hour block period
at or above the
average scrubber
liquid pH
established during
the HF/HCl
performance test in
which compliance
was demonstrated;
and
b. Maintain the
average scrubber
liquid flow rate
for each 3-hour
block period at or
above the highest
average scrubber
liquid flow rate
established during
the HF/HCl and PM
performance tests
in which compliance
was demonstrated.
3. Tunnel or roller kiln Maintain the 3-hour
equipped with an ACI system. block average
carbon flow rate at
or above the
highest average
carbon flow rate
established during
the Hg and dioxin/
furan performance
tests in which
compliance was
demonstrated.
4. Tunnel or roller kiln Maintain the average i. Maintain your
intending to comply with operating kiln operating
dioxin/furan emission limit temperature for temperature within
without an ACI system. each 12-hour block the range of
period at or below acceptable
the highest temperatures (i.e.,
operating temperature profile
temperature established for
established during each kiln and
the dioxin/furan product.
performance test in
which compliance
was demonstrated.
5. Tunnel or roller kiln a. Maintain no VE
with no add-on control. from the stack; and
b. Maintain the kiln
process rate at or
below the kiln
process rate
determined
according to Sec.
63.8595(g)(1) if
your total facility
maximum potential
HCl-equivalent
emissions are
greater than the
HCl-equivalent
limit in Table 1 to
this subpart; and
c. Maintain the i. Maintain no VE
average operating from the FF stack.
temperature for
each 12-hour block
period at or below
the highest
operating
temperature
established during
the dioxin/furan
performance test in
which compliance
was demonstrated.
6. Glaze spray operation a. If you use a bag
equipped with a FF. leak detection
system, initiate
corrective action
within 1 hour of a
bag leak detection
system alarm and
complete corrective
actions in
accordance with
your OM&M plan;
operate and
maintain the fabric
filter such that
the alarm is not
engaged for more
than 5 percent of
the total operating
time in a 6-month
block reporting
period.

[[Page 436]]

7. Glaze spray operation a. Maintain the
equipped with a WS. average scrubber
pressure drop for
each 3-hour block
period at or above
the average
pressure drop
established during
the PM performance
test in which
compliance was
demonstrated; and
b. Maintain the
average scrubber
liquid flow rate
for each 3-hour
block period at or
above the average
scrubber liquid
flow rate
established during
the PM performance
test in which
compliance was
demonstrated.
8. Glaze spray operation a. Conduct daily
equipped with a water inspections to
curtain. verify the presence
of water flow to
the wet control
system; and
b. Conduct annual
inspections of the
interior of the
control equipment
(if applicable) to
determine the
structural
integrity and
condition of the
control equipment.
9. Glaze spray operation Conduct an annual
equipped with baffles. visual inspection
of the baffles to
confirm the baffles
are in place.
10. Spray dryer............. Maintain the average
operating
temperature for
each 4-hour block
period at or above
the average
temperature
established during
the dioxin/furan
performance test in
which compliance
was demonstrated.
11. Floor tile press dryer.. Maintain the average
operating
temperature for
each 4-hour block
period at or below
the average
temperature
established during
the dioxin/furan
performance test in
which compliance
was demonstrated..
------------------------------------------------------------------------

[84 FR 58610, Nov. 1, 2019]

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

As stated in Sec.63.8555, you must comply with each work practice
standard in the following table that applies to you:

------------------------------------------------------------------------
According to one of
For each . . . You must . . . the following
requirements . . .
------------------------------------------------------------------------
1. Existing, new, or a. Minimize HAP i. Use natural gas,
reconstructed sanitaryware emissions. or equivalent, as
shuttle kiln. the kiln fuel,
except during
periods of natural
gas curtailment or
supply interruption,
as defined in Sec.
63.8665; and
ii. Develop and use a
designed firing time
and temperature
cycle for each
sanitaryware shuttle
kiln. You must
either program the
time and temperature
cycle into your kiln
or track each step
on a log sheet; and
iii. Label each
sanitaryware shuttle
kiln with the
maximum load (in
tons) of greenware
that can be fired in
the kiln during a
single firing cycle;
and
iv. For each firing
load, document the
total tonnage of
greenware placed in
the kiln to ensure
that it is not
greater than the
maximum load
identified in item
1.a.iii; and
v. Develop and follow
maintenance
procedures for each
kiln that, at a
minimum, specify the
frequency of
inspection and
maintenance of
temperature
monitoring devices,
controls that
regulate air-to-fuel
ratios, and controls
that regulate firing
cycles; and
vi. Develop and
maintain records for
each sanitaryware
shuttle kiln, as
specified in Sec.
63.8640.
2. Existing, new or a. Minimize HAP i. Establish the
reconstructed ceramic tile emissions. startup production
roller kiln, sanitaryware rate for each kiln
tunnel kiln, floor tile press or dryer; the
dryer or ceramic tile spray minimum APCD inlet
dryer during periods of temperature for each
startup. APCD; and
temperature profile
for each kiln or
dryer with no APCD
and include them in
your first
compliance report,
as specified in Sec.
63.8635(c)(7); and
ii. After initial
loading of the kiln
or dryer, remain at
or below the startup
production rate for
the kiln or dryer
until the kiln or
dryer exhaust
reaches the minimum
APCD inlet
temperature for a
kiln or dryer with
an APCD or until the
kiln or dryer
temperature profile
is attained for a
kiln or dryer with
no APCD; and

[[Page 437]]

iii. If your kiln or
dryer has an APCD,
begin venting the
exhaust from the
kiln or dryer
through the APCD by
the time the kiln or
dryer exhaust
temperature reaches
the minimum APCD
inlet temperature.
3. Existing, new or a. Minimize HAP i. Do not load the
reconstructed ceramic tile emissions. kiln or dryer once
roller kiln, sanitaryware the kiln or dryer
tunnel kiln, floor tile press exhaust temperature
dryer or ceramic tile spray falls below the
dryer during periods of minimum APCD inlet
shutdown. temperature if the
kiln or dryer is
controlled by an
APCD or when the
kiln or dryer
temperature profile
is no longer
maintained for an
uncontrolled kiln or
dryer; and
ii. If your kiln or
dryer has an APCD,
continue to vent the
exhaust from the
kiln or dryer
through the APCD
until the kiln or
dryer exhaust
temperature falls
below the minimum
inlet temperature
for the APCD.
4. Existing, new or a. Minimize HAP i. Develop and use a
reconstructed ceramic tile emissions. temperature profile
roller kiln, sanitaryware for each kiln or
tunnel kiln, floor tile press dryer; and
dryer or ceramic tile spray ii. Develop and
dryer during periods of follow maintenance
routine control device procedures for each
maintenance. kiln that, at a
minimum, specify the
frequency of
inspection and
maintenance of
temperature
monitoring devices
and controls that
regulate air-to-fuel
ratios; and
iii. Develop and
maintain records for
each kiln or dryer,
as specified in Sec.
63.8640(a)(3).
------------------------------------------------------------------------

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

As stated in Sec.63.8595, you must conduct each performance test
in the following table that applies to you:

----------------------------------------------------------------------------------------------------------------
According to the following
For each . . . You must . . . Using . . . requirements . . .
----------------------------------------------------------------------------------------------------------------
1. Tunnel or roller kiln........... a. Select locations of Method 1 or 1A of 40 Sampling sites must be
sampling ports and CFR part 60, appendix located at the outlet of
the number of A-1. the APCD and prior to any
traverse points. releases to the atmosphere
for all affected sources.
b. Determine Method 2 of 40 CFR You may use Method 2A, 2C,
velocities and part 60, appendix A-1. 2D, or 2F of 40 CFR part
volumetric flow rate. 60, appendix A-1, or
Method 2G of 40 CFR part
60, appendix A-2, as
appropriate, as an
alternative to using
Method 2 of 40 CFR part
60, appendix A-1.
c. Conduct gas Method 3 of 40 CFR You may use Method 3A or 3B
molecular weight part 60, appendix A-2. of 40 CFR part 60,
analysis. appendix A-2, as
appropriate, as an
alternative to using
Method 3 of 40 CFR part
60, appendix A-2. ANSI/
ASME PTC 19.10-1981
(incorporated by
reference, see Sec.
63.14) may be used as an
alternative to the manual
procedures (but not the
instrumental procedures)
in Methods 3A and 3B.
d. Measure moisture Method 4 of 40 CFR
content of the stack part 60, appendix A-3.
gas.
e. Measure HF and HCl i. Method 26A of 40 You may use Method 26 of 40
emissions. CFR part 60, appendix CFR part 60, appendix A-8,
A-8; or as an alternative to using
Method 26A of 40 CFR part
60, appendix A-8, when no
acid PM (e.g., HF or HCl
dissolved in water
droplets emitted by
sources controlled by a
WS) is present. ASTM D6735-
01 (Reapproved 2009)
(incorporated by
reference, see Sec.
63.14) may be used as an
alternative to Methods 26
and 26A.
ii. Method 320 of When using Method 320 of
appendix A of this appendix A of this part,
part. you must follow the
analyte spiking procedures
of section 13 of Method
320 of appendix A of this
part, unless you can
demonstrate that the
complete spiking procedure
has been conducted at a
similar source. ASTM D6348-
03 (Reapproved 2010)
(incorporated by
reference, see Sec.
63.14) may be used as an
alternative to Method 320
if the test plan
preparation and
implementation in Annexes
A1-A8 are mandatory and
the %R in Annex A5 is
determined for each target
analyte.

[[Page 438]]

f. Measure PM i. Method 5 of 40 CFR
emissions. part 60, appendix A-
3; or
ii. Method 29 of 40
CFR part 60, appendix
A-8.
g. Measure Hg Method 29 of 40 CFR ASTM D6784-02 (Reapproved
emissions. part 60, appendix A-8. 2008) (incorporated by
reference, see Sec.
63.14) may be used as an
alternative to Method 29
(portion for Hg only).
h. Measure dioxin/ Method 23 of 40 CFR
furan emissions. part 60, appendix A-7.
2. Glaze spray operation........... a. Select locations of Method 1 or 1A of 40 Sampling sites must be
sampling ports and CFR part 60, appendix located at the outlet of
the number of A-1. the APCD and prior to any
traverse points. releases to the atmosphere
for all affected sources.
b. Determine Method 2 of 40 CFR You may use Method 2A, 2C,
velocities and part 60, appendix A-1. 2D, or 2F of 40 CFR part
volumetric flow rate. 60, appendix A-1, or
Method 2G of 40 CFR part
60, appendix A-2, as
appropriate, as an
alternative to using
Method 2 of 40 CFR part
60, appendix A-1.
c. Conduct gas Method 3 of 40 CFR You may use Method 3A or 3B
molecular weight part 60, appendix A-2. of 40 CFR part 60,
analysis. appendix A-2, as
appropriate, as an
alternative to using
Method 3 of 40 CFR part
60, appendix A-2. ANSI/
ASME PTC 19.10-1981
(incorporated by
reference, see Sec.
63.14) may be used as an
alternative to the manual
procedures (but not the
instrumental procedures)
in Methods 3A and 3B.
d. Measure moisture Method 4 of 40 CFR
content of the stack part 60, appendix A-3.
gas.
e. Measure PM Method 5 of 40 CFR
emissions. part 60, appendix A-3.
f. Measure Hg Method 29 of 40 CFR ASTM D6784-02 (Reapproved
emissions (tile glaze part 60, appendix A-8. 2008) (incorporated by
spray operations reference, see Sec.
only). 63.14) may be used as an
alternative to Method 29
(portion for Hg only).
3. Spray dryer or floor tile press a. Select locations of Method 1 or 1A of 40 Sampling sites must be
dryer. sampling ports and CFR part 60, appendix located at the outlet of
the number of A-1. the APCD and prior to any
traverse points. releases to the atmosphere
for all affected sources.
b. Determine Method 2 of 40 CFR You may use Method 2A, 2C,
velocities and part 60, appendix A-1. 2D, or 2F of 40 CFR part
volumetric flow rate. 60, appendix A-1, or
Method 2G of 40 CFR part
60, appendix A-2, as
appropriate, as an
alternative to using
Method 2 of 40 CFR part
60, appendix A-1.
c. Conduct gas Method 3 of 40 CFR You may use Method 3A or 3B
molecular weight part 60, appendix A-2. of 40 CFR part 60,
analysis. appendix A-2, as
appropriate, as an
alternative to using
Method 3 of 40 CFR part
60, appendix A-2. ANSI/
ASME PTC 19.10-1981
(incorporated by
reference, see Sec.
63.14) may be used as an
alternative to the manual
procedures (but not the
instrumental procedures)
in Methods 3A and 3B.
d. Measure moisture Method 4 of 40 CFR
content of the stack part 60, appendix A-3.
gas.
e. Measure dioxin/ Method 23 of 40 CFR
furan emissions. part 60, appendix A-7.

[[Page 439]]

4. Tunnel or roller kiln with no a. Establish the HCl-equivalent limit Using the procedures in
add-on control. operating limit(s) in Table 1 to this Sec. 63.8595(g)(1), you
for kiln process rate subpart and emissions must determine the maximum
if the total facility and production data process rate(s) for your
maximum potential HCl- from the HF/HCl/Cl2 kiln(s) that would ensure
equivalent emissions performance test. total facility maximum
are greater than the potential HCl-equivalent
HCl-equivalent limit emissions remain at or
in Table 1 to this below the HCl-equivalent
subpart. limit in Table 1 to this
subpart. The maximum
process rate(s) would
become your site-specific
process rate operating
limit(s).
b. Establish the i. Data from the kiln (1) You must continuously
operating limit for operating temperature measure the kiln operating
kiln operating measurement device temperature during three 4-
temperature. during the dioxin/ hour test runs and, from a
furan performance 12-hour block of time
test. consisting of 1-hour
increments, calculate the
following two values:
(a) The standard deviation
of the 12 1-hour
temperature measurements
(refer to Note 1).
(b) 1 percent of the 12-
hour block average.
(2) You must decide which
of the two values would
provide the greatest
variability (i.e., the
highest value), and then
add this value to the 12-
hour block average
measured during the
compliance testing. The
result is the maximum
temperature at which your
kiln may operate during
normal operations.
5. Tunnel or roller kiln that is Determine the Production data You must measure and record
complying with PM and/or Hg production rate collected during the the production rate, on a
production-based emission limits. during each PM/Hg PM/Hg performance ton of throughput
test run in order to tests (e.g., the processed basis, of the
determine compliance number of ceramic affected kiln for each of
with PM and/or Hg pieces and weight per the three test runs.
production-based piece in the kiln
emission limits. during a test run
divided by the amount
of time to fire a
piece).
6. Tunnel or roller kiln equipped Establish the Data from the lime For continuous lime
with a DIFF or DLS/FF. operating limit for feeder during the HF/ injection systems, you
the lime feeder HCl performance test. must ensure that lime in
setting. the feed hopper or silo
and to the APCD is free-
flowing at all times
during the performance
test and record the feeder
setting, on a per ton of
throughput basis, for the
three test runs. If the
feed rate setting varies
during the three test
runs, determine and record
the average feed rate from
the three test runs. The
average of the three test
runs establishes your
minimum site-specific feed
rate operating limit.
7. Tunnel or roller kiln equipped a. Establish the Data from the pH You must continuously
with a WS. operating limit for measurement device measure the scrubber
the average scrubber during the HF/HCl liquid pH, determine and
liquid pH. performance test. record the block average
pH values for the three
test runs, and determine
and record the 3-hour
block average of the
recorded pH measurements
for the three test runs.
The average of the three
test runs establishes your
minimum site-specific
liquid pH operating limit.
b. Establish the Data from the flow You must continuously
operating limit for rate measurement measure the scrubber
the average scrubber device during the HF/ liquid flow rate,
liquid flow rate. HCl and PM determine and record the
performance tests. block average flow rate
values for the three test
runs, and determine and
record the 3-hour block
average of the recorded
flow rate measurements for
the three test runs. The
average of the three test
runs establishes your
minimum site-specific
liquid flow rate operating
level. If different
average wet scrubber
liquid flow rate values
are measured during the HF/
HCl and PM tests, the
highest of the average
values become your site-
specific operating limit.

[[Page 440]]

8. Tunnel or roller kiln equipped Establish the Data from the carbon You must measure the carbon
with an ACI system. operating limit for flow rate measurement flow rate during each test
the average carbon conducted during the run, determine and record
flow rate. Hg and dioxin/furan the block average carbon
performance tests. flow rate values for the
three test runs, and
determine and record the 3-
hour block average of the
recorded carbon flow rate
measurements for the three
test runs. The average of
the three test runs
establishes your minimum
site-specific activated
carbon flow rate operating
limit.
9. Tunnel or roller kiln intending a. Establish the i. Data from the kiln (1) You must continuously
to comply with dioxin/furan operating limit for operating temperature measure the kiln operating
emission limit without an ACI kiln operating measurement device temperature during three 4-
system. temperature. during the dioxin/ hour test runs and, from a
furan performance 12-hour block of time
test. consisting of 1-hour
increments, calculate the
following two values:
(a) The standard deviation
of the 12 1-hour
temperature measurements
(refer to Note 1).
(b) 1 percent of the 12-
hour block average
(2) You must decide which
of the two values would
provide the greatest
variability (i.e., the
highest value), and then
add this value to the 12-
hour block average
measured during the
compliance testing. The
result is the maximum
temperature at which your
kiln may operate during
normal operations.
10. Glaze spray operation equipped a. Establish the Data from the pressure You must continuously
with a WS. operating limit for drop measurement measure the scrubber
the average scrubber device during the PM pressure drop, determine
pressure drop. performance test. and record the block
average pressure drop
values for the three test
runs, and determine and
record the 3-hour block
average of the recorded
pressure drop measurements
for the three test runs.
The average of the three
test runs establishes your
minimum site-specific
pressure drop operating
limit.
b. Establish the Data from the flow You must continuously
operating limit for rate measurement measure the scrubber
the average scrubber device during the PM liquid flow rate,
liquid flow rate. performance test. determine and record the
block average flow rate
values for the three test
runs, and determine and
record the 3-hour block
average of the recorded
flow rate measurements for
the three test runs. The
average of the three test
runs establishes your
minimum site-specific
liquid flow rate operating
limit.
11. Spray dryer.................... Establish the Data from the You must continuously
operating limit for temperature measure the operating
operating temperature. measurement device temperature, determine and
during the dioxin/ record the block average
furan performance temperature values for the
test. three test runs, and
determine and record the 4-
hour block average of the
recorded temperature
measurements for the three
test runs. The average of
the three test runs
establishes your minimum
site-specific operating
limit.
12. Floor tile press dryer......... Establish the Data from the You must continuously
operating limit for temperature measure the operating
operating temperature. measurement device temperature, determine and
during the dioxin/ record the block average
furan performance temperature values for the
test. three test runs, and
determine and record the 4-
hour block average of the
recorded temperature
measurements for the three
test runs. The average of
the three test runs
establishes your maximum
site-specific operating
limit.
----------------------------------------------------------------------------------------------------------------

Note 1: The standard deviation of the 12 1-hour temperature
measurements is calculated as follows:

[[Page 441]]

[GRAPHIC] [TIFF OMITTED] TR01NO19.007

Where:

[sigma] = standard deviation
xi = each 1-hour temperature measurement
[micro] = mean of all 12 1-hour measurements
N = 12 measurements

[84 FR 58611, Nov. 1, 2019]

Sec. Table 5 to Subpart KKKKK of Part 63--Toxic Equivalency Factors

As stated in Sec.63.8595(f)(3), you must demonstrate initial
compliance with each dioxin/furan emission limit that applies to you by
calculating the sum of the 2,3,7,8-TCDD TEQs using the TEFs in the
following table:

------------------------------------------------------------------------
You must calculate its
For each dioxin/furan congener . . . 2,3,7,8-TCDD TEQ using
the following TEF . . .
------------------------------------------------------------------------
2,3,7,8-tetrachlorodibenzo-p-dioxin............ 1
1,2,3,7,8-pentachlorodibenzo-p-dioxin.......... 1
1,2,3,4,7,8-hexachlorodibenzo-p-dioxin......... 0.1
1,2,3,7,8,9-hexachlorodibenzo-p-dioxin......... 0.1
1,2,3,6,7,8-hexachlorodibenzo-p-dioxin......... 0.1
1,2,3,4,6,7,8-heptachlorodibenzo-p-dioxin...... 0.01
Octachlorodibenzo-p-dioxin..................... 0.0003
2,3,7,8-tetrachlorodibenzofuran................ 0.1
1,2,3,7,8-pentachlorodibenzofuran.............. 0.03
2,3,4,7,8-pentachlorodibenzofuran.............. 0.3
1,2,3,4,7,8-hexachlorodibenzofuran............. 0.1
1,2,3,6,7,8-hexachlorodibenzofuran............. 0.1
1,2,3,7,8,9-hexachlorodibenzofuran............. 0.1
2,3,4,6,7,8-hexachlorodibenzofuran............. 0.1
1,2,3,4,6,7,8-heptachlorodibenzofuran.......... 0.01
1,2,3,4,7,8,9-heptachlorodibenzofuran.......... 0.01
Octachlorodibenzofuran......................... 0.0003
------------------------------------------------------------------------

Sec. Table 6 to Subpart KKKKK of Part 63--Initial Compliance With
Emission Limitations and Work Practice Standards

As stated in Sec.63.8605, you must demonstrate initial compliance
with each emission limitation and work practice standard that applies to
you according to the following table:

------------------------------------------------------------------------
You have demonstrated
For each . . . For the following initial compliance if
. . . . . .
------------------------------------------------------------------------
1. Collection of all tunnel or a. HF, HCl, and i. You measure HF and
roller kilns at the facility. Cl2 emissions HCl emissions for
must not exceed each kiln using
62 kg/hr (140 lb/ Method 26 or 26A of
hr) HCl 40 CFR part 60,
equivalent. appendix A-8 or its
alternative, ASTM
D6735-01 (Reapproved
2009) (incorporated
by reference, see
Sec. 63.14); or
Method 320 of
appendix A of this
part or its
alternative, ASTM
D6348-03 (Reapproved
2010) (incorporated
by reference, see
Sec. 63.14); and
ii. You calculate the
HCl-equivalent
emissions for HF for
each kiln using
Equation 4 to this
subpart; and
iii. You sum the HCl-
equivalent values
for all kilns at the
facility using
Equation 5 to this
subpart; and
iv. The facility
total HCl-equivalent
does not exceed 62
kg/hr (140 lb/hr).
2. Existing floor tile roller a. PM emissions i. The PM emissions
kiln. must not exceed measured using
0.063 kg/Mg Method 5 of 40 CFR
(0.13 lb/ton) of part 60, appendix A-
fired product. 3 or Method 29 of 40
CFR part 60,
appendix A-8, over
the period of the
initial performance
test, according to
the calculations in
Sec.
63.8595(f)(1), do
not exceed 0.063 kg/
Mg (0.13 lb/ton) of
fired product; and

[[Page 442]]

ii. You establish and
have a record of the
applicable operating
limits listed in
Table 2 to this
subpart over the
period of the
initial performance
test during which PM
emissions did not
exceed 0.063 kg/Mg
(0.13 lb/ton) of
fired product.
b. Hg emissions i. The Hg emissions
must not exceed measured using
6.3 E-05 kg/Mg Method 29 of 40 CFR
(1.3 E-04 lb/ part 60, appendix A-
ton) of fired 8 or its
product. alternative, ASTM
D6784-02 (Reapproved
2008) (incorporated
by reference, see
Sec. 63.14), over
the period of the
initial performance
test, do not exceed
6.3 E-05 kg/Mg (1.3
E-04 lb/ton) of
fired product; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which Hg
emissions did not
exceed 6.3 E-05 kg/
Mg (1.3 E-04 lb/ton)
of fired product.
c. Dioxin/furan i. The dioxin/furan
emissions must emissions measured
not exceed 2.8 using Method 23 of
ng/kg of fired 40 CFR part 60,
product. appendix A-7, over
the period of the
initial performance
test, do not exceed
2.8 ng/kg of fired
product; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which
dioxin/furan
emissions did not
exceed 2.8 ng/kg of
fired product.
3. Existing wall tile roller a. PM emissions i. The PM emissions
kiln. must not exceed measured using
0.19 kg/Mg (0.37 Method 5 of 40 CFR
lb/ton) of fired part 60, appendix A-
product. 3 or Method 29 of 40
CFR part 60,
appendix A-8, over
the period of the
initial performance
test, according to
the calculations in
Sec.
63.8595(f)(1), do
not exceed 0.19 kg/
Mg (0.37 lb/ton) of
fired product; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which PM
emissions did not
exceed 0.19 kg/Mg
(0.37 lb/ton) of
fired product.
b. Hg emissions i. The Hg emissions
must not exceed measured using
1.1 E-04 kg/Mg Method 29 of 40 CFR
(2.1 E-04 lb/ part 60, appendix A-
ton) of fired 8 or its
product. alternative, ASTM
D6784-02 (Reapproved
2008) (incorporated
by reference, see
Sec. 63.14), over
the period of the
initial performance
test, do not exceed
1.1 E-04 kg/Mg (2.1
E-04 lb/ton) of
fired product; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which Hg
emissions did not
exceed 1.1 E-04 kg/
Mg (2.1 E-04 lb/ton)
of fired product.
c. Dioxin/furan i. The dioxin/furan
emissions must emissions measured
not exceed 0.22 using Method 23 of
ng/kg of fired 40 CFR part 60,
product. appendix A-7, over
the period of the
initial performance
test, do not exceed
0.22 ng/kg of fired
product; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which
dioxin/furan
emissions did not
exceed 0.22 ng/kg of
fired product.
4. Existing first-fire a. PM emissions i. The PM emissions
sanitaryware tunnel kiln. must not exceed measured using
0.17 kg/Mg (0.34 Method 5 of 40 CFR
lb/ton) of part 60, appendix A-
greenware fired. 3 or Method 29 of 40
CFR part 60,
appendix A-8, over
the period of the
initial performance
test, according to
the calculations in
Sec.
63.8595(f)(1), do
not exceed 0.17 kg/
Mg (0.34 lb/ton) of
greenware fired; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which PM
emissions did not
exceed 0.17 kg/Mg
(0.34 lb/ton) of
greenware fired.
b. Hg emissions i. The Hg emissions
must not exceed measured using
1.3 E-04 kg/Mg Method 29 of 40 CFR
(2.6 E-04 lb/ part 60, appendix A-
ton) of 8 or its
greenware fired. alternative, ASTM
D6784-02 (Reapproved
2008) (incorporated
by reference, see
Sec. 63.14), over
the period of the
initial performance
test, do not exceed
1.3 E-04 kg/Mg (2.6
E-04 lb/ton) of
greenware fired; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which Hg
emissions did not
exceed 1.3 E-04 kg/
Mg (2.6 E-04 lb/ton)
of greenware fired.

[[Page 443]]

c. Dioxin/furan i. The dioxin/furan
emissions must emissions measured
not exceed 3.3 using Method 23 of
ng/kg of 40 CFR part 60,
greenware fired. appendix A-7, over
the period of the
initial performance
test, do not exceed
3.3 ng/kg of
greenware fired; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which
dioxin/furan
emissions did not
exceed 3.3 ng/kg of
greenware fired.
5. Existing tile glaze line a. PM emissions i. The PM emissions
with glaze spraying. must not exceed measured using
0.93 kg/Mg (1.9 Method 5 of 40 CFR
lb/ton) of first- part 60, appendix A-
fire glaze 3, over the period
sprayed (dry of the initial
weight basis). performance test,
according to the
calculations in Sec.
63.8595(f)(2), do
not exceed 0.93 kg/
Mg (1.9 lb/ton) of
first-fire glaze
sprayed (dry weight
basis); and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which PM
emissions did not
exceed 0.93 kg/Mg
(1.9 lb/ton) of
first-fire glaze
sprayed (dry weight
basis).
b. Hg emissions i. The Hg emissions
must not exceed measured using
8.0 E-05 kg/Mg Method 29 of 40 CFR
(1.6 E-04 lb/ part 60, appendix A-
ton) of first- 8 or its
fire glaze alternative, ASTM
sprayed (dry D6784-02 (Reapproved
weight basis). 2008) (incorporated
by reference, see
Sec. 63.14), over
the period of the
initial performance
test, do not exceed
8.0 E-05 kg/Mg (1.6
E-04 lb/ton) of
first-fire glaze
sprayed (dry weight
basis); and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which Hg
emissions did not
exceed 8.0 E-05 kg/
Mg (1.6 E-04 lb/ton)
of first-fire glaze
sprayed (dry weight
basis).
6. Existing sanitaryware a. PM emissions i. The PM emissions
manual glaze application. must not exceed measured using
18 kg/Mg (35 lb/ Method 5 of 40 CFR
ton) of first- part 60, appendix A-
fire glaze 3, over the period
sprayed (dry of the initial
weight basis). performance test,
according to the
calculations in Sec.
63.8595(f)(2), do
not exceed 18 kg/Mg
(35 lb/ton) of first-
fire glaze sprayed
(dry weight basis);
and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which PM
emissions did not
exceed 18 kg/Mg (35
lb/ton) of first-
fire glaze sprayed
(dry weight basis).
7. Existing sanitaryware spray a. PM emissions i. The PM emissions
machine glaze application. must not exceed measured using
6.2 kg/Mg (13 lb/ Method 5 of 40 CFR
ton) of first- part 60, appendix A-
fire glaze 3, over the period
sprayed (dry of the initial
weight basis). performance test,
according to the
calculations in Sec.
63.8595(f)(2), do
not exceed 6.2 kg/Mg
(13 lb/ton) of first-
fire glaze sprayed
(dry weight basis);
and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which PM
emissions did not
exceed 6.2 kg/Mg (13
lb/ton) of first-
fire glaze sprayed
(dry weight basis).
8. Existing sanitaryware robot a. PM emissions i. The PM emissions
glaze application. must not exceed measured using
4.5 kg/Mg (8.9 Method 5 of 40 CFR
lb/ton) of first- part 60, appendix A-
fire glaze 3, over the period
sprayed (dry of the initial
weight basis). performance test,
according to the
calculations in Sec.
63.8595(f)(2), do
not exceed 4.5 kg/Mg
(8.9 lb/ton) of
first-fire glaze
sprayed (dry weight
basis); and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which PM
emissions did not
exceed 4.5 kg/Mg
(8.9 lb/ton) of
first-fire glaze
sprayed (dry weight
basis).
9. Existing floor tile spray a. Dioxin/furan i. The dioxin/furan
dryer. emissions must emissions measured
not exceed 19 ng/ using Method 23 of
kg of throughput 40 CFR part 60,
processed. appendix A-7, over
the period of the
initial performance
test, do not exceed
19 ng/kg of
throughput
processed; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which
dioxin/furan
emissions did not
exceed 19 ng/kg of
throughput
processed.
10. Existing wall tile spray a. Dioxin/furan i. The dioxin/furan
dryer. emissions must emissions measured
not exceed 0.058 using Method 23 of
ng/kg of 40 CFR part 60,
throughput appendix A-7, over
processed. the period of the
initial performance
test, do not exceed
0.058 ng/kg of
throughput
processed; and

[[Page 444]]

ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which
dioxin/furan
emissions did not
exceed 0.058 ng/kg
of throughput
processed.
11. Existing floor tile press a. Dioxin/furan i. The dioxin/furan
dryer. emissions must emissions measured
not exceed 0.024 using Method 23 of
ng/kg of 40 CFR part 60,
throughput appendix A-7, over
processed. the period of the
initial performance
test, do not exceed
0.024 ng/kg of
throughput
processed; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which
dioxin/furan
emissions did not
exceed 0.024 ng/kg
of throughput
processed.
12. New or reconstructed floor a. PM emissions i. The PM emissions
tile roller kiln. must not exceed measured using
0.019 kg/Mg Method 5 of 40 CFR
(0.037 lb/ton) part 60, appendix A-
of fired product. 3 or Method 29 of 40
CFR part 60,
appendix A-8, over
the period of the
initial performance
test, according to
the calculations in
Sec.
63.8595(f)(1), do
not exceed 0.019 kg/
Mg (0.037 lb/ton) of
fired product; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which PM
emissions did not
exceed 0.019 kg/Mg
(0.037 lb/ton) of
fired product.
b. Hg emissions i. The Hg emissions
must not exceed measured using
2.0 E-05 kg/Mg Method 29 of 40 CFR
(3.9 E-05 lb/ part 60, appendix A-
ton) of fired 8 or its
product. alternative, ASTM
D6784-02 (Reapproved
2008) (incorporated
by reference, see
Sec. 63.14), over
the period of the
initial performance
test, do not exceed
2.0 E-05 kg/Mg (3.9
E-05 lb/ton) of
fired product; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which Hg
emissions did not
exceed 2.0 E-05 kg/
Mg (3.9 E-05 lb/ton)
of fired product.
c. Dioxin/furan i. The dioxin/furan
emissions must emissions measured
not exceed 1.3 using Method 23 of
ng/kg of fired 40 CFR part 60,
product. appendix A-7, over
the period of the
initial performance
test, do not exceed
1.3 ng/kg of fired
product; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which
dioxin/furan
emissions did not
exceed 1.3 ng/kg of
fired product.
13. New or reconstructed wall a. PM emissions i. The PM emissions
tile roller kiln. must not exceed measured using
0.19 kg/Mg (0.37 Method 5 of 40 CFR
lb/ton) of fired part 60, appendix A-
product. 3 or Method 29 of 40
CFR part 60,
appendix A-8, over
the period of the
initial performance
test, according to
the calculations in
Sec.
63.8595(f)(1), do
not exceed 0.19 kg/
Mg (0.37 lb/ton) of
fired product; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which PM
emissions did not
exceed 0.19 kg/Mg
(0.37 lb/ton) of
fired product.
b. Hg emissions i. The Hg emissions
must not exceed measured using
1.1 E-04 kg/Mg Method 29 of 40 CFR
(2.1 E-04 lb/ part 60, appendix A-
ton) of fired 8 or its
product. alternative, ASTM
D6784-02 (Reapproved
2008) (incorporated
by reference, see
Sec. 63.14), over
the period of the
initial performance
test, do not exceed
1.1 E-04 kg/Mg (2.1
E-04 lb/ton) of
fired product; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which Hg
emissions did not
exceed 1.1 E-04 kg/
Mg (2.1 E-04 lb/ton)
of fired product.
c. Dioxin/furan i. The dioxin/furan
emissions must emissions measured
not exceed 0.22 using Method 23 of
ng/kg of fired 40 CFR part 60,
product. appendix A-7, over
the period of the
initial performance
test, do not exceed
0.22 ng/kg of fired
product; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which
dioxin/furan
emissions did not
exceed 0.22 ng/kg of
fired product.
14. New or reconstructed first- a. PM emissions i. The PM emissions
fire sanitaryware tunnel kiln. must not exceed measured using
0.048 kg/Mg Method 5 of 40 CFR
(0.095 lb/ton) part 60, appendix A-
of greenware 3 or Method 29 of 40
fired. CFR part 60,
appendix A-8, over
the period of the
initial performance
test, according to
the calculations in
Sec.
63.8595(f)(1), do
not exceed 0.048 kg/
Mg (0.095 lb/ton) of
greenware fired; and

[[Page 445]]

ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which PM
emissions did not
exceed 0.048 kg/Mg
(0.095 lb/ton) of
greenware fired.
b. Hg emissions i. The Hg emissions
must not exceed measured using
6.1 E-05 kg/Mg Method 29 of 40 CFR
(1.3 E-04 lb/ part 60, appendix A-
ton) of 8 or its
greenware fired. alternative, ASTM
D6784-02 (Reapproved
2008) (incorporated
by reference, see
Sec. 63.14), over
the period of the
initial performance
test, do not exceed
6.1 E-05 kg/Mg (1.3
E-04 lb/ton) of
greenware fired; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which Hg
emissions did not
exceed 6.1 E-05 kg/
Mg (1.3 E-04 lb/ton)
of greenware fired.
c. Dioxin/furan i. The dioxin/furan
emissions must emissions measured
not exceed 0.99 using Method 23 of
ng/kg of 40 CFR part 60,
greenware fired. appendix A-7, over
the period of the
initial performance
test, do not exceed
0.99 ng/kg of
greenware fired; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which
dioxin/furan
emissions did not
exceed 0.99 ng/kg of
greenware fired.
15. New or reconstructed tile a. PM emissions i. The PM emissions
glaze line with glaze must not exceed measured using
spraying. 0.31 kg/Mg (0.61 Method 5 of 40 CFR
lb/ton) of first- part 60, appendix A-
fire glaze 3, over the period
sprayed (dry of the initial
weight basis). performance test,
according to the
calculations in Sec.
63.8595(f)(2), do
not exceed 0.31 kg/
Mg (0.61 lb/ton) of
first-fire glaze
sprayed (dry weight
basis); and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which PM
emissions did not
exceed 0.31 kg/Mg
(0.61 lb/ton) of
first-fire glaze
sprayed (dry weight
basis).
b. Hg emissions i. The Hg emissions
must not exceed measured using
8.0 E-05 kg/Mg Method 29 of 40 CFR
(1.6 E-04 lb/ part 60, appendix A-
ton) of first- 8 or its
fire glaze alternative, ASTM
sprayed (dry D6784-02 (Reapproved
weight basis). 2008) (incorporated
by reference, see
Sec. 63.14), over
the period of the
initial performance
test, do not exceed
8.0 E-05 kg/Mg (1.6
E-04 lb/ton) of
first-fire glaze
sprayed (dry weight
basis); and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which Hg
emissions did not
exceed 8.0 E-05 kg/
Mg (1.6 E-04 lb/ton)
of first-fire glaze
sprayed (dry weight
basis).
16. New or reconstructed a. PM emissions i. The PM emissions
sanitaryware manual glaze must not exceed measured using
application. 2.0 kg/Mg (3.9 Method 5 of 40 CFR
lb/ton) of first- part 60, appendix A-
fire glaze 3, over the period
sprayed (dry of the initial
weight basis). performance test,
according to the
calculations in Sec.
63.8595(f)(2), do
not exceed 2.0 kg/Mg
(3.9 lb/ton) of
first-fire glaze
sprayed (dry weight
basis); and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which PM
emissions did not
exceed 2.0 kg/Mg
(3.9 lb/ton) of
first-fire glaze
sprayed (dry weight
basis).
17. New or reconstructed a. PM emissions i. The PM emissions
sanitaryware spray machine must not exceed measured using
glaze application. 1.6 kg/Mg (3.2 Method 5 of 40 CFR
lb/ton) of first- part 60, appendix A-
fire glaze 3, over the period
sprayed (dry of the initial
weight basis). performance test,
according to the
calculations in Sec.
63.8595(f)(2), do
not exceed 1.6 kg/Mg
(3.2 lb/ton) of
first-fire glaze
sprayed (dry weight
basis); and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which PM
emissions did not
exceed 1.6 kg/Mg
(3.2 lb/ton) of
first-fire glaze
sprayed (dry weight
basis).
18. New or reconstructed a. PM emissions i. The PM emissions
sanitaryware robot glaze must not exceed measured using
application. 1.2 kg/Mg (2.3 Method 5 of 40 CFR
lb/ton) of first- part 60, appendix A-
fire glaze 3, over the period
sprayed (dry of the initial
weight basis). performance test,
according to the
calculations in Sec.
63.8595(f)(2), do
not exceed 1.2 kg/Mg
(2.3 lb/ton) of
first-fire glaze
sprayed (dry weight
basis); and

[[Page 446]]

ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which PM
emissions did not
exceed 1.2 kg/Mg
(2.3 lb/ton) of
first-fire glaze
sprayed (dry weight
basis).
19. New or reconstructed floor a. Dioxin/furan i. The dioxin/furan
tile spray dryer. emissions must emissions measured
not exceed 0.071 using Method 23 of
ng/kg of 40 CFR part 60,
throughput appendix A-7, over
processed. the period of the
initial performance
test, do not exceed
0.071 ng/kg of
throughput
processed; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which
dioxin/furan
emissions did not
exceed 0.071 ng/kg
of throughput
processed.
20. New or reconstructed wall a. Dioxin/furan i. The dioxin/furan
tile spray dryer. emissions must emissions measured
not exceed 0.058 using Method 23 of
ng/kg of 40 CFR part 60,
throughput appendix A-7, over
processed. the period of the
initial performance
test, do not exceed
0.058 ng/kg of
throughput
processed; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which
dioxin/furan
emissions did not
exceed 0.058 ng/kg
of throughput
processed.
21. New or reconstructed floor a. Dioxin/furan i. The dioxin/furan
tile press dryer. emissions must emissions measured
not exceed 0.024 using Method 23 of
ng/kg of 40 CFR part 60,
throughput appendix A-7, over
processed. the period of the
initial performance
test, do not exceed
0.024 ng/kg of
throughput
processed; and
ii. You establish and
have a record of the
operating limits
listed in Table 2 to
this subpart over
the period of the
initial performance
test during which
dioxin/furan
emissions did not
exceed 0.024 ng/kg
of throughput
processed.
22. Existing, new, or a. Minimize HAP i. Use natural gas,
reconstructed sanitaryware emissions. or equivalent, as
shuttle kiln. the kiln fuel; and
ii. Develop a
designed firing time
and temperature
cycle for the
sanitaryware shuttle
kiln. You must
either program the
time and temperature
cycle into your kiln
or track each step
on a log sheet; and
iii. Label each
sanitaryware shuttle
kiln with the
maximum load (in
tons) of greenware
that can be fired in
the kiln during a
single firing cycle;
and
iv. Develop
maintenance
procedures for each
kiln that, at a
minimum, specify the
frequency of
inspection and
maintenance of
temperature
monitoring devices,
controls that
regulate air-to-fuel
ratios, and controls
that regulate firing
cycles.
------------------------------------------------------------------------

[84 FR 58614, Nov. 1, 2019]

[[Page 447]]

Sec. Table 7 to Subpart KKKKK of Part 63--Continuous Compliance With
Emission Limitations and Work Practice Standards

As stated in Sec.63.8620, you must demonstrate continuous
compliance with each emission limitation and work practice standard that
applies to you according to the following table:

----------------------------------------------------------------------------------------------------------------
You must demonstrate
For each . . . For the following . . continuous compliance by . Or by . . .
. . .
----------------------------------------------------------------------------------------------------------------
1. Tunnel or roller kiln equipped a. Each emission i. If you use a bag leak (1) Performing VE
with a DIFF or DLS/FF. limit in Table 1 to detection system, as observations of the DIFF
this subpart and prescribed in Sec.or DLS/FF stack at the
each operating limit 63.8450(e), initiating frequency specified in
in Item 1 of Table 2 corrective action within Sec. 63.8620(e) using
to this subpart for 1 hour of a bag leak Method 22 of 40 CFR part
kilns equipped with detection system alarm 60, appendix A-7; and
DIFF or DLS/FF. and completing corrective maintaining no VE from
actions in accordance the DIFF or DLS/FF
with your OM&M plan; stack; or
operating and maintaining (2) Maintaining your kiln
the fabric filter such operating temperature
that the alarm is not within the range of
engaged for more than 5 acceptable temperatures
percent of the total (i.e., temperature
operating time in a 6- profile for each kiln
month block reporting and product; for any
period; in calculating incidence where the kiln
this operating time is operating outside of
fraction, if inspection its acceptable
of the fabric filter temperature range (i.e.,
demonstrates that no exceeds its temperature
corrective action is profile) for the product
required, no alarm time being fired, performing
is counted; if corrective VE observations of the
action is required, each DIFF or DLS/FF stack as
alarm is counted as a specified in Sec.
minimum of 1 hour; if you 63.8620(e) using Method
take longer than 1 hour 22 of 40 CFR part 60,
to initiate corrective appendix A-7; and
action, the alarm time is observing no VE from the
counted as the actual DIFF or DLS/FF stack.
amount of time taken by
you to initiate
corrective action; and
ii. Verifying that lime is
free-flowing via a load
cell, carrier gas/lime
flow indicator, carrier
gas pressure drop
measurement system, or
other system; recording
all monitor or sensor
output, and if lime is
found not to be free
flowing, promptly
initiating and completing
corrective actions in
accordance with your OM&M
plan; recording the
feeder setting once each
shift of operation to
verify that the feeder
setting is being
maintained at or above
the level established
during the HF/HCl
performance test in which
compliance was
demonstrated.
2. Tunnel or roller kiln equipped a. Each emission i. Collecting the scrubber
with a WS. limit in Table 1 to liquid pH data according
this subpart and to Sec. 63.8600(a);
each operating limit reducing the scrubber
in Item 2 of Table 2 liquid pH data to 3-hour
to this subpart for block averages according
kilns equipped with to Sec. 63.8600(a);
WS. maintaining the average
scrubber liquid pH for
each 3-hour block period
at or above the average
scrubber liquid pH
established during the HF/
HCl performance test in
which compliance was
demonstrated; and
ii. Collecting the
scrubber liquid flow rate
data according to Sec.
63.8600(a); reducing the
scrubber liquid flow rate
data to 3-hour block
averages according to
Sec. 63.8600(a);
maintaining the average
scrubber liquid flow rate
for each 3-hour block
period at or above the
highest average scrubber
liquid flow rate
established during the HF/
HCl and PM performance
tests in which compliance
was demonstrated.

[[Page 448]]

3. Tunnel or roller kiln equipped Each emission limit Collecting the carbon flow
with an ACI system. in Table 1 to this rate data according to
subpart and each Sec. 63.8600(a);
operating limit in reducing the carbon flow
Item 3 of Table 2 to rate data to 3-hour block
this subpart for averages according to
kilns equipped with Sec. 63.8600(a);
ACI system. maintaining the average
carbon flow rate for each
3-hour block period at or
above the highest average
carbon flow rate
established during the Hg
and dioxin/furan
performance tests in
which compliance was
demonstrated.
4. Tunnel or roller kiln intending Each emission limit Collecting the operating Collecting the operating
to comply with dioxin/furan in Table 1 to this temperature data temperature data
emission limit without an ACI subpart and each according to Sec. according to Sec.
system. operating limit in 63.8600(a); and 63.8600(a); reducing the
Item 4 of Table 2 to maintaining the operating operating temperature
this subpart for temperature at or below data to a 12-hour block
kilns intending to the highest operating average; and maintaining
comply with dioxin/ temperature established the average operating
furan emission limit during the dioxin/furan temperature for each 12-
without an ACI performance test in which hour block period at or
system. compliance was below the highest
demonstrated. operating temperature
established during the
dioxin/furan performance
test in which compliance
was demonstrated.
5. Tunnel or roller kiln with no a. Each emission i. Performing VE (1) Maintaining your kiln
add-on control. limit in Table 1 to observations of the stack operating temperature
this subpart and at the frequency within the range of
each operating limit specified in Sec. acceptable temperatures
in Item 5 of Table 2 63.8620(e) using Method (i.e., temperature
to this subpart for 22 of 40 CFR part 60, profile established for
tunnel or roller appendix A-7; and each kiln and product
kilns with no add-on maintaining no VE from for any incidence where
control. the stack; and the kiln is operating
outside of its
acceptable temperature
range (i.e., exceeds its
temperature profile) for
the product being fired,
performing VE
observations of the DIFF
or DLS/FF stack as
specified in Sec.
63.8620(e) using Method
22 of 40 CFR part 60,
appendix A-7; and
observing no VE from the
DIFF or DLS/FF stack.
ii. If your last
calculated total facility
maximum potential HCl-
equivalent was not at or
below the health-based
standard in Table 1 to
this subpart, collecting
the kiln process rate
data according to Sec.
63.8600(a); reducing the
kiln process rate data to
3-hour block averages
according to Sec.
63.8600(a); maintaining
the average kiln process
rate for each 3-hour
block period at or below
the kiln process rate
determined according to
Sec. 63.8595(g)(1); and
iii. Collecting the (1) Collecting the
operating temperature operating temperature
data according to Sec.data according to Sec.
63.8600(a); and 63.8600(a); reducing the
maintaining the operating operating temperature
temperature at or below data to a 12-hour block
the highest operating average; and maintaining
temperature established the average operating
during the dioxin/furan temperature for each 12-
performance test in which hour block period at or
compliance was below the highest
demonstrated. operating temperature
established during the
dioxin/furan performance
test in which compliance
was demonstrated.

[[Page 449]]

6. Glaze spray operation equipped Each emission limit If you use a bag leak Performing VE
with a FF. in Table 1 to this detection system, observations of the FF
subpart and each initiating corrective stack at the frequency
operating limit in action within 1 hour of a specified in Sec.
Item 6 of Table 2 to bag leak detection system 63.8620(e) using Method
this subpart for alarm and completing 22 of 40 CFR part 60,
glaze spray corrective actions in appendix A-7; and
operations equipped accordance with your OM&M maintaining no VE from
with a FF. plan; operating and the FF stack.
maintaining the fabric
filter such that the
alarm is not engaged for
more than 5 percent of
the total operating time
in a 6-month block
reporting period; in
calculating this
operating time fraction,
if inspection of the
fabric filter
demonstrates that no
corrective action is
required, no alarm time
is counted; if corrective
action is required, each
alarm is counted as a
minimum of 1 hour; if you
take longer than 1 hour
to initiate corrective
action, the alarm time is
counted as the actual
amount of time taken by
you to initiate
corrective action.
7. Glaze spray operation equipped a. Each emission i. Collecting the scrubber
with a WS. limit in Table 1 to pressure drop data
this subpart and according to Sec.
each operating limit 63.8600(a); reducing the
in Item 7 of Table 2 scrubber pressure drop
to this subpart for data to 3-hour block
kilns equipped with averages according to
WS. Sec. 63.8600(a);
maintaining the average
scrubber pressure drop
for each 3-hour block
period at or above the
average pressure drop
established during the PM
performance test in which
compliance was
demonstrated; and
ii. Collecting the
scrubber liquid flow rate
data according to Sec.
63.8600(a); reducing the
scrubber liquid flow rate
data to 3-hour block
averages according to
Sec. 63.8600(a);
maintaining the average
scrubber liquid flow rate
for each 3-hour block
period at or above the
average scrubber liquid
flow rate established
during the PM performance
test in which compliance
was demonstrated.
8. Glaze spray operation equipped a. Each emission i. Conducting daily
with a water curtain. limit in Table 1 to inspections to verify the
this subpart and presence of water flow to
each operating limit the wet control system;
in Item 8 of Table 2 and
to this subpart for
kilns equipped with
a water curtain.
ii. Conducting annual
inspections of the
interior of the control
equipment (if applicable)
to determine the
structural integrity and
condition of the control
equipment; and
iii. Recording as
deviations any
observations of
particulates or other
impurities getting into
the glaze that has been
sprayed onto a piece of
ware and completing
corrective actions in
accordance with your OM&M
plan.

[[Page 450]]

9. Glaze spray operation equipped Each emission limit Conducting an annual
with baffles. in Table 1 to this visual inspection of the
subpart and each baffles to confirm the
operating limit in baffles are in place.
Item 9 of Table 2 to
this subpart for
kilns equipped with
baffles.
10. Spray dryer................... Each emission limit Collecting the operating
in Table 1 to this temperature data
subpart and each according to Sec.
operating limit in 63.8600(a); reducing the
Item 10 of Table 2 operating temperature
to this subpart for data to 4-hour block
spray dryers. averages according to
Sec. 63.8600(a);
maintaining the average
operating temperature for
each 4-hour block period
at or above the average
operating temperature
established during the
dioxin/furan performance
test in which compliance
was demonstrated.
11. Floor tile press dryer........ Each emission limit Collecting the operating
in Table 1 to this temperature data
subpart and each according to Sec.
operating limit in 63.8600(a); reducing the
Item 11 of Table 2 operating temperature
to this subpart for data to 4-hour block
floor tile press averages according to
dryers. Sec. 63.8600(a);
maintaining the average
operating temperature for
each 4-hour block period
at or below the average
operating temperature
established during the
dioxin/furan performance
test in which compliance
was demonstrated.
12. Sanitaryware shuttle kiln..... a. Minimize HAP i. Maintaining records
emissions. documenting your use of
natural gas, or an
equivalent fuel, as the
kiln fuel at all times
except during periods of
natural gas curtailment
or supply interruption;
and
ii. If you intend to use
an alternative fuel,
submitting a notification
of alternative fuel use
within 48 hours of the
declaration of a period
of natural gas
curtailment or supply
interruption, as defined
in Sec. 63.8665; and.
iii. Submitting a report
of alternative fuel use
within 10 working days
after terminating the use
of the alternative fuel,
as specified in Sec.
63.8635(g); and
iv. Using a designed
firing time and
temperature cycle for
each sanitaryware shuttle
kiln; and
v. For each firing load,
documenting the total
tonnage of greenware
placed in the kiln to
ensure that it is not
greater than the maximum
load identified in Item
1.a.iii of Table 3 to
this subpart; and
vi. Following maintenance
procedures for each kiln
that, at a minimum,
specify the frequency of
inspection and
maintenance of
temperature monitoring
devices, controls that
regulate air-to-fuel
ratios, and controls that
regulate firing cycles;
and
vii. Developing and
maintaining records for
each sanitaryware shuttle
kiln, as specified in
Sec. 63.8640.
----------------------------------------------------------------------------------------------------------------

[84 FR 58619, Nov. 1, 2019]

[[Page 451]]

Sec. Table 8 to Subpart KKKKK of Part 63--Compliance Dates

As stated in Sec.63.8545, you must meet each compliance date in
the following table that applies to you:

------------------------------------------------------------------------
If you have a(n) . . . Then you must . . . No later than . . .
------------------------------------------------------------------------
1. New or reconstructed Comply with the December 28, 2015.
affected source and the applicable emission
initial startup of your limitations and
affected source is after work practice
December 18, 2014, but standards in Tables
before December 28, 2015. 1, 2, and 3 to this
subpart.
2. New or reconstructed Comply with the Initial startup of
affected source and the applicable emission your affected
initial startup of your limitations and source.
affected source is after work practice
December 28, 2015. standards in Tables
1, 2, and 3 to this
subpart.
3. Existing affected source. Comply with the December 26, 2018.
applicable emission
limitations and
work practice
standards in Tables
1, 2, and 3 to this
subpart.
4. Existing area source that Be in compliance Initial startup of
increases its emissions or with this subpart. your affected
its potential to emit such source as a major
that it becomes a major source.
source of HAP by adding a
new affected source or by
reconstructing.
5. New area source (i.e., an Be in compliance Initial startup of
area source for which with this subpart. your affected
construction or source as a major
reconstruction commenced source.
after December 18, 2014)
that increases its
emissions or its potential
to emit such that it
becomes a major source of
HAP.
------------------------------------------------------------------------

Sec. Table 9 to Subpart KKKKK of Part 63--Deadlines for Submitting
Notifications

As stated in Sec.63.8630, you must submit each notification that
applies to you according to the following table:

----------------------------------------------------------------------------------------------------------------
If you . . . You must . . . No later than . . . As specified in . . .
----------------------------------------------------------------------------------------------------------------
1. Start up your affected source Submit an Initial June 22, 2016.......... Sec. 63.9(b)(2).
before December 28, 2015. Notification.
2. Start up your new or reconstructed Submit an Initial 120 calendar days after Sec. 63.9(b)(2).
affected source on or after December Notification. you become subject to
28, 2015. this subpart.
3. Are required to conduct a Submit a notification 60 calendar days before Sec. 63.7(b)(1).
performance test. of intent to conduct a the performance test
performance test. is scheduled to begin.
4. Are required to conduct a Submit a Notification 60 calendar days Sec. 63.9(h) and Sec.
compliance demonstration that of Compliance Status, following the 63.10(d)(2).
includes a performance test including the completion of the
according to the requirements in performance test performance test, by
Table 4 to this subpart. results. the close of business.
5. Are required to conduct a Submit a Notification 30 calendar days Sec. 63.9(h).
compliance demonstration required in of Compliance Status. following the
Table 6 to this subpart that does completion of the
not include a performance test compliance
(i.e., compliance demonstrations for demonstrations, by the
the work practice standards). close of business.
6. Request to use the routine control Submit your request.... 120 calendar days
device maintenance alternative before the compliance
standard according to Sec.date specified in Sec.
63.8570(d). 63.8545.
7. Own or operate an affected kiln Submit a notification 48 hours following the .......................
that is subject to the work practice of alternative fuel declaration of a
standard specified in Item 1 of use. period of natural gas
Table 3 to this subpart, and you curtailment or supply
intend to use a fuel other than interruption, as
natural gas or equivalent to fire defined in Sec.
the affected kiln. 63.8665.
----------------------------------------------------------------------------------------------------------------

[[Page 452]]

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

As stated in Sec.63.8635, you must submit each report that applies
to you according to the following table:

------------------------------------------------------------------------
The report must You must submit the
You must submit . . . contain . . . report . . .
------------------------------------------------------------------------
1. A compliance report...... a. If there are no Semiannually
deviations from any according to the
emission requirements in
limitations or work Sec. 63.8635(b).
practice standards
that apply to you,
a statement that
there were no
deviations from the
emission
limitations or work
practice standards
during the
reporting period.
If there were no
periods during
which the CMS was
out-of-control as
specified in your
OM&M plan, a
statement that
there were no
periods during
which the CMS was
out-of-control
during the
reporting period.
b. If you have a Semiannually
deviation from any according to the
emission limitation requirements in
(emission limit, Sec. 63.8635(b).
operating limit)
during the
reporting period,
the report must
contain the
information in Sec.
63.8635(c)(8). If
there were periods
during which the
CMS was out-of-
control, as
specified in your
OM&M plan, the
report must contain
the information in
Sec. 63.8635(d).
2. A report of alternative The information in If you are subject
fuel use. Sec. 63.8635(g). to the work
practice standards
specified in Table
3 to this subpart,
and you use an
alternative fuel to
fire an affected
kiln, by letter
within 10 working
days after
terminating the use
of the alternative
fuel.
------------------------------------------------------------------------

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

As stated in Sec.63.8655, you must comply with the General
Provisions in Sec. Sec.63.1 through 63.16 that apply to you according
to the following table:

[[Page 453]]

Sec. 63.6(c)(3)-(4).......... [Reserved]........ ...................... No.
Sec. 63.6(c)(5).............. Compliance Dates Area sources that Yes.
for Existing Area become major must
Sources That comply with major
Become Major. source standards by
date indicated in
subpart or by
equivalent time
period (for example,
3 years).
Sec. 63.6(d)................. [Reserved]........ ...................... No.
Sec. 63.6(e)(1)(i)........... Operation & General Duty to No. See Sec. 63.8570(b) for
Maintenance. minimize emissions. general duty requirement.
Sec. 63.6(e)(1)(ii).......... Operation & Requirement to correct No.
Maintenance. malfunctions ASAP.
Sec. 63.6(e)(1)(iii)......... Operation & Operation and Yes.
Maintenance. maintenance
requirements
enforceable
independent of
emissions limitations.
Sec. 63.6(e)(2).............. [Reserved]........ ...................... No.
Sec. 63.6(e)(3).............. Startup, Shutdown, Requirement for No.
and Malfunction startup, shutdown,
Plan (SSMP). and malfunction (SSM)
and SSMP; content of
SSMP.
Sec. 63.6(f)(1).............. Compliance Except You must comply with No.
During SSM. emission standards at
all times except
during SSM.
Sec. 63.6(f)(2)-(3).......... Methods for Compliance based on Yes.
Determining performance test,
Compliance. operation and
maintenance plans,
records, inspection.
Sec. 63.6(g)................. Alternative Procedures for getting Yes.
Standard. an alternative
standard.
Sec. 63.6(h)................. Opacity/VE Requirements for No, not applicable.
Standards. opacity and VE
standards.
Sec. 63.6(i)................. Compliance Procedures and Yes.
Extension. criteria for
Administrator to
grant compliance
extension.
Sec. 63.6(j)................. Presidential President may exempt Yes.
Compliance source category.
Exemption.
Sec. 63.7(a)(1)-(2).......... Performance Test Dates for conducting Yes.
Dates. initial performance
testing and other
compliance
demonstrations for
emission limits and
work practice
standards; must
conduct 180 days
after first subject
to rule.
Sec. 63.7(a)(3).............. Section 114 Administrator may Yes.
Authority. require a performance
test under CAA
section 114 at any
time.
Sec. 63.7(a)(4).............. Notification of Must notify Yes.
Delay in Administrator of
Performance delay in performance
Testing Due To testing due to force
Force Majeure. majeure.
Sec. 63.7(b)(1).............. Notification of Must notify Yes.
Performance Test. Administrator 60 days
before the test.
Sec. 63.7(b)(2).............. Notification of Must notify Yes.
Rescheduling. Administrator 5 days
before scheduled date
of rescheduled date.
Sec. 63.7(c)................. Quality Assurance Requirements; test Yes.
(QA)/Test Plan. plan approval
procedures;
performance audit
requirements;
internal and external
QA procedures for
testing.
Sec. 63.7(d)................. Testing Facilities Requirements for Yes.
testing facilities.
Sec. 63.7(e)(1).............. Conditions for Performance tests must No, Sec. 63.8595 specifies
Conducting be conducted under requirements.
Performance Tests. representative
conditions.
Cannot conduct Yes.
performance tests
during SSM; not a
violation to exceed
standard during SSM.
Sec. 63.7(e)(2)-(3).......... Conditions for Must conduct according Yes.
Conducting to subpart and EPA
Performance Tests. test methods unless
Administrator
approves alternative;
must have at least
three test runs of at
least 1 hour each;
compliance is based
on arithmetic mean of
three runs;
conditions when data
from an additional
test run can be used.
Sec. 63.7(e)(4).............. Testing under Administrator's Yes.
Section 114. authority to require
testing under section
114 of the Act.
Sec. 63.7(f)................. Alternative Test Procedures by which Yes.
Method. Administrator can
grant approval to use
an alternative test
method.
Sec. 63.7(g)................. Performance Test Must include raw data Yes.
Data Analysis. in performance test
report; must submit
performance test data
60 days after end of
test with the
notification of
compliance status.

[[Page 454]]

Sec. 63.7(h)................. Waiver of Tests... Procedures for Yes.
Administrator to
waive performance
test.
Sec. 63.8(a)(1).............. Applicability of Subject to all Yes.
Monitoring monitoring
Requirements. requirements in
subpart.
Sec. 63.8(a)(2).............. Performance Performance Yes.
Specifications. Specifications in
appendix B of 40 CFR
part 60 apply.
Sec. 63.8(a)(3).............. [Reserved]........ ...................... No.
Sec. 63.8(a)(4).............. Monitoring with Requirements for No, not applicable.
Flares. flares in Sec.
63.11 apply.
Sec. 63.8(b)(1).............. Monitoring........ Must conduct Yes.
monitoring according
to standard unless
Administrator
approves alternative.
Sec. 63.8(b)(2)-(3).......... Multiple Effluents Specific requirements Yes.
and Multiple for installing and
Monitoring reporting on
Systems. monitoring systems.
Sec. 63.8(c)(1).............. Monitoring System Maintenance consistent Yes.
Operation and with good air
Maintenance. pollution control
practices.
Sec. 63.8(c)(1)(i)........... Routine and Reporting requirements No.
Predictable SSM. for SSM when action
is described in SSMP.
Sec. 63.8(c)(1)(ii).......... SSM not in SSMP... Reporting requirements Yes.
for SSM when action
is not described in
SSMP.
Sec. 63.8(c)(1)(iii)......... Compliance with How Administrator No.
Operation and determines if source
Maintenance complying with
Requirements. operation and
maintenance
requirements.
Sec. 63.8(c)(2)-(3).......... Monitoring System Must install to get Yes.
Installation. representative
emission and
parameter
measurements.
Sec. 63.8(c)(4).............. CMS Requirements.. Requirements for CMS.. No, Sec. 63.8600 specifies
requirements.
Sec. 63.8(c)(5).............. Continuous Opacity COMS minimum No, not applicable.
Monitoring System procedures.
(COMS) Minimum
Procedures.
Sec. 63.8(c)(6).............. CMS Requirements.. Zero and high level Yes.
calibration check
requirements.
Sec. 63.8(c)(7)-(8).......... CMS Requirements.. Out-of-control periods Yes.
Sec. 63.8(d)(1) and (2)...... CMS Quality Requirements for CMS Yes.
Control. quality control.
Sec. 63.8(d)(3).............. CMS Quality Written procedures for No, Sec. 63.8575(b)(9) specifies
Control. CMS. requirements.
Sec. 63.8(e)................. CMS Performance Requirements for CMS Yes.
Evaluation. performance
evaluation.
Sec. 63.8(f)(1)-(5).......... Alternative Procedures for Yes.
Monitoring Method. Administrator to
approve alternative
monitoring.
Sec. 63.8(f)(6).............. Alternative to Procedures for No, not applicable.
Relative Accuracy Administrator to
Test. approve alternative
relative accuracy
test for continuous
emission monitoring
systems (CEMS).
Sec. 63.8(g)................. Data Reduction.... COMS and CEMS data No, not applicable.
reduction
requirements.
Sec. 63.9(a)................. Notification Applicability; State Yes.
Requirements. delegation.
Sec. 63.9(b)................. Initial Requirements for Yes.
Notifications. initial notifications.
Sec. 63.9(c)................. Request for Can request if cannot Yes.
Compliance comply by date or if
Extension. installed BACT/LAER.
Sec. 63.9(d)................. Notification of For sources that Yes.
Special commence construction
Compliance between proposal and
Requirements for promulgation and want
New Source. to comply 3 years
after effective date.
Sec. 63.9(e)................. Notification of Notify Administrator Yes.
Performance Test. 60 days prior.
Sec. 63.9(f)................. Notification of VE/ Notify Administrator No, not applicable.
Opacity Test. 30 days prior.
Sec. 63.9(g)(1).............. Additional Notification of Yes.
Notifications performance
When Using CMS. evaluation.
Sec. 63.9(g)(2)-(3).......... Additional Notification of COMS No, not applicable.
Notifications data use;
When Using CMS. notification that
relative accuracy
alternative criterion
were exceeded.
Sec. 63.9(h)................. Notification of Contents; submittal Yes.
Compliance Status. requirements.

[[Page 455]]

Sec. 63.9(i)................. Adjustment of Procedures for Yes.
Submittal Administrator to
Deadlines. approve change in
when notifications
must be submitted.
Sec. 63.9(j)................. Change in Previous Must submit within 15 Yes.
Information. days after the change.
Sec. 63.10(a)................ Recordkeeping/ Applicability; general Yes.
Reporting. information.
Sec. 63.10(b)(1)............. General General requirements.. Yes.
Recordkeeping
Requirements.
Sec. 63.10(b)(2)(i).......... Records Related to Recordkeeping of No.
SSM. occurrence and
duration of startups
and shutdowns.
Sec. 63.10(b)(2)(ii)......... Records Related to Recordkeeping of No. See Sec. 63.8640(c)(2) for
SSM. failures to meet a recordkeeping of (1) date, time
standard. 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.
Sec. 63.10(b)(2)(iii)........ Records Related to Maintenance records... Yes.
SSM.
Sec. 63.10(b)(2)(iv)-(v)..... Records Related to Actions taken to No.
SSM. minimize emissions
during SSM.
Sec. 63.10(b)(2)(vi)-(xii) CMS Records....... Records when CMS is Yes.
and (xiv). malfunctioning,
inoperative or out-of-
control.
Sec. 63.10(b)(2)(xiii)....... Records........... Records when using No, not applicable.
alternative to
relative accuracy
test.
Sec. 63.10(b)(3)............. Records........... Applicability Yes.
Determinations.
Sec. 63.10(c)(1)-(15)........ Records........... Additional records for No, Sec.Sec. 63.8575 and
CMS. 63.8640 specify requirements.
Sec. 63.10(d)(1) and (2)..... General Reporting Requirements for Yes.
Requirements. reporting;
performance test
results reporting.
Sec. 63.10(d)(3)............. Reporting Opacity Requirements for No, not applicable.
or VE reporting opacity and
Observations. VE.
Sec. 63.10(d)(4)............. Progress Reports.. Must submit progress Yes.
reports on schedule
if under compliance
extension.
Sec. 63.10(d)(5)............. SSM Reports....... Contents and No. See Sec. 63.8635(c)(8) for
submission. malfunction reporting
requirements.
Sec. 63.10(e)(1)-(3)......... Additional CMS Requirements for CMS No, Sec.Sec. 63.8575 and
Reports. reporting. 63.8635 specify requirements.
Sec. 63.10(e)(4)............. Reporting COMS Requirements for No, not applicable.
data. reporting COMS data
with performance test
data.
Sec. 63.10(f)................ Waiver for Procedures for Yes.
Recordkeeping/ Administrator to
Reporting. waive.
Sec. 63.11................... Flares............ Requirement for flares No, not applicable.
Sec. 63.12................... Delegation........ State authority to Yes.
enforce standards.
Sec. 63.13................... Addresses......... Addresses for reports, Yes.
notifications,
requests.
Sec. 63.14................... Incorporation by Materials incorporated Yes.
Reference. by reference.
Sec. 63.15................... Availability of Information Yes.
Information. availability;
confidential
information.
Sec. 63.16................... Performance Track Requirements for Yes.
Provisions. Performance Track
member facilities.
----------------------------------------------------------------------------------------------------------------

Subpart LLLLL_National Emission Standards for Hazardous Air Pollutants:
Asphalt Processing and Asphalt Roofing Manufacturing

Source: 68 FR 24577, May 7, 2003, unless otherwise noted.

What This Subpart Covers

Sec.63.8680 What is the purpose of this subpart?

This subpart establishes national emission standards for hazardous
air pollutants (NESHAP) for existing and new asphalt processing and
asphalt roofing manufacturing facilities. This subpart also establishes
requirements to demonstrate initial and continuous

[[Page 456]]

compliance with the emission limitations.

Sec.63.8681 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate an asphalt
processing facility or an asphalt roofing manufacturing facility, as
defined in Sec.63.8698, that is a major source as defined in Sec.
63.2, or is located at, or is part of a major source as defined in Sec.
63.2.
(b) After the applicable compliance date specified in Sec.63.8683,
blowing stills, asphalt storage tanks, saturators, wet loopers, and
coaters subject to the provisions of this subpart that are also subject
to 40 CFR part 60, subpart UU, are required to comply only with
provisions of this subpart.
(c) This subpart does not apply to any equipment that is subject to
subpart CC of this part or to subpart K, Ka, or Kb of 40 CFR part 60.
(d) This subpart does not apply to asphalt processing and asphalt
roofing manufacturing equipment used for research and development, as
defined in Sec.63.8698.
(e) The provisions of subpart J of 40 CFR part 60 do not apply to
emissions from asphalt processing facilities subject to this subpart.
(f) [Reserved]

[68 FR 24577, May 7, 2003, as amended at 70 FR 28364, May 17, 2005; 85
FR 14548, Mar. 12, 2020]

Sec.63.8682 What parts of my plant does this subpart cover?

(a) This subpart applies to each new, reconstructed, or existing
affected source at asphalt processing and asphalt roofing manufacturing
facilities.
(b) The affected source is:
(1) Each asphalt processing facility as defined in Sec.63.8698; or
(2) Each asphalt roofing manufacturing line as defined in Sec.
63.8698.
(i) If the asphalt roofing manufacturing line is collocated with an
asphalt processing facility, the storage tanks that store asphalt flux
intended for oxidation in the blowing stills and those tanks that
receive asphalt directly from the on-site blowing stills are part of the
asphalt processing facility. The remaining asphalt storage tanks are
considered to be part of the asphalt roofing facility.
(ii) If an asphalt storage tank is shared by two or more lines at an
asphalt roofing manufacturing facility, the shared storage tank is
considered part of the line to which the tank supplies the greatest
amount of asphalt, on an annual basis.
(iii) If a sealant or adhesive applicator is shared by two or more
asphalt roofing manufacturing lines, the shared applicator is considered
part of the line that provides the greatest throughput to the
applicator, on an annual basis.
(c) An affected source is a new affected source if you commenced
construction of the affected source after November 21, 2001, and you met
the applicability criteria at the time you commenced construction.
(d) An affected source is reconstructed if you meet the criteria in
the reconstruction definition in Sec.63.2.
(e) An affected source is existing if it is not new or
reconstructed.

Sec.63.8683 When must I comply with this subpart?

(a) If you have a new or reconstructed affected source and start up:
(1) On or before April 29, 2003, then you must comply with the
requirements for new and reconstructed sources in this subpart no later
than April 29, 2003.
(2) After April 29, 2003, then you must comply with the requirements
for new and reconstructed sources in this subpart upon startup.
(b) If you have an existing affected source, you must comply with
the requirements for existing sources no later than May 1, 2006.
(c) If you have an area source that increases its emissions or its
potential to emit such that it becomes a (or part of a) major source as
defined in Sec.63.2, then the following requirements apply:
(1) Any portion of the existing facility that becomes a new or
reconstructed affected source must be in compliance with this subpart
upon startup or by April 29, 2003, whichever is later.
(2) All other parts of the source to which this subpart applies must
be in compliance with this subpart by 3

[[Page 457]]

years after the date the source becomes a major source.
(d) You must meet the notification requirements in Sec.63.8692
according to the schedules in Sec. Sec.63.8692 and 63.9(a) through (f)
and (h). Some of the notifications must be submitted before you are
required to comply with the emission limitations in this subpart.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14548, Mar. 12, 2020]

Emission Limitations

Sec.63.8684 What emission limitations and operating limits must
I meet?

(a) You must meet each emission limitation in Table 1 to this
subpart that applies to you.
(b) You must meet each operating limit in Table 2 to this subpart
that applies to you.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14548, Mar. 12, 2020]

General Compliance Requirements

Sec.63.8685 What are my general requirements for complying with
this subpart?

(a) Before September 9, 2020, you must be in compliance with the
emission limitations (including operating limits) in this subpart at all
times, except during periods of startup, shutdown, and malfunction. On
and after September 9, 2020, you must be in compliance with the emission
limitations (including operating limits) in this subpart at all times,
except during periods of nonoperation of the affected source (or
specific portion thereof) resulting in cessation of the emissions to
which this subpart applies.
(b) Before September 9, 2020, you must always operate and maintain
your affected source, including air pollution control and monitoring
equipment, according to the provisions in Sec.63.6(e)(1)(i). On and
after September 9, 2020, 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 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 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 affected source.
(c) Before September 9, 2020, you must develop a written startup,
shutdown, and malfunction plan (SSMP) according to the provisions in
Sec.63.6(e)(3). On and after September 9, 2020, a startup, shutdown,
and malfunction plan is not required.
(d) You must develop and implement a written site-specific
monitoring plan according to the provisions in Sec.63.8688(g) and (h).

[68 FR 24577, May 7, 2003, as amended at 71 FR 20469, Apr. 20, 2006; 85
FR 14549, Mar. 12, 2020]

Testing and Initial Compliance Requirements

Sec.63.8686 By what date must I conduct initial performance tests
or other initial compliance demonstrations?

(a) For existing affected sources, you must conduct initial
performance tests no later than 180 days after the compliance date that
is specified for your source in Sec.63.8683 and according to the
provisions in Sec.63.7(a)(2).
(b) As an alternative to the requirement specified in paragraph (a)
of this section, you may use the results of a previously-conducted
emission test to demonstrate compliance with the emission limitations in
this subpart if you demonstrate to the Administrator's satisfaction
that:
(1) No changes have been made to the process since the time of the
emission test; and
(2) The operating conditions and test methods used during testing
conform to the requirements of this subpart; and
(3) The control device and process parameter values established
during the previously-conducted emission test are used to demonstrate
continuous compliance with this subpart; and

[[Page 458]]

(4) The previously-conducted emission test was completed within the
last 60 months.
(c) For new sources, you must demonstrate initial compliance no
later than 180 calendar days after April 29, 2003 or within 180 calendar
days after startup of the source, whichever is later.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14549, Mar. 12, 2020]

Sec.63.8687 What performance tests, design evaluations, and other
procedures must I use?

(a) You must conduct each performance test in Table 3 to this
subpart that applies to you.
(b) Each performance test must be conducted under normal operating
conditions and under the conditions specified in Table 3 to this
subpart. Operations during periods of startup, shutdown, or nonoperation
do not constitute representative conditions for purposes of conducting a
performance test. You may not conduct performance tests during periods
of malfunction. You must record the process information that is
necessary to document operating conditions during the test and explain
why the conditions represent normal operation. Upon request, you must
make available to the Administrator such records as may be necessary to
determine the conditions of performance tests.
(c) [Reserved]
(d) Except for opacity and visible emission observations, you must
conduct three separate test runs for each performance test required in
this section, as specified in Sec.63.7(e)(3). Each test run must last
at least 1 hour.
(e) You must use the following equations to determine compliance
with the emission limitations.
(1) To determine compliance with the particulate matter mass
emission rate, you must use Equations 1 and 2 of this section as
follows:

[GRAPHIC] [TIFF OMITTED] TR17MY05.000

Where:

E = Particulate matter emission rate, kilograms of particulate matter
per megagram of roofing product manufactured.
MPM = Particulate matter mass emission rate, kilograms per
hour, determined using Equation 2.
P = The asphalt roofing product manufacturing rate during the emissions
sampling period, including any material trimmed from the final
product, megagram per hour.
[GRAPHIC] [TIFF OMITTED] TR17MY05.001

Where:

MPM = Particulate matter mass emission rate, kilograms per
hour.
C = Concentration of particulate matter on a dry basis, grams per dry
standard cubic meter (g/dscm), as measured by the test method
specified in Table 3 to this subpart.
Q = Vent gas stream flow rate (dry standard cubic meters per minute) at
a temperature of 20 [deg]C as measured by the test method
specified in Table 3 to this subpart.
K = Unit conversion constant (0.06 minute-kilogram/hour-gram).

(2) To determine compliance with the total hydrocarbon percent
reduction standard, you must use Equations 3 and 4 of this section as
follows:
[GRAPHIC] [TIFF OMITTED] TR17MY05.002

Where:

RE = Emission reduction efficiency, percent.
MTHCi = Mass flow rate of total hydrocarbons entering the
control device, kilograms per hour, determined using Equation
4.
MTHCo = Mass flow rate of total hydrocarbons exiting the
control device, kilograms per hour, determined using Equation
4.
[GRAPHIC] [TIFF OMITTED] TR17MY05.003

Where:

MTHC = Total hydrocarbon mass flow rate, kilograms per hour.
C = Concentration of total hydrocarbons on a dry basis, parts per
million by volume (ppmv), as measured by the test method
specified in Table 3 to this subpart.

[[Page 459]]

Q = Vent gas stream flow rate (dscm/minute) at a temperature of 20
[deg]C as measured by the test method specified in Table 3 to
this subpart.
K = Unit conversion constant (1.10E-04 (ppmv) ^-1 (kilogram/
dscm)(minute/hour)).

(3) To determine compliance with the combustion efficiency standard,
you must use Equation 5 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR29AP03.004

Where:

CE = Combustion efficiency, percent.
CO = Carbon monoxide concentration at the combustion device outlet,
parts per million by volume (dry), as measured by the test
method specified in Table 3 to this subpart.
CO2 = Carbon dioxide concentration at the combustion device
outlet, parts per million by volume (dry), as measured by the
test method specified in Table 3 to this subpart.
THC = Total hydrocarbon concentration at the combustion device outlet,
parts per million by volume (dry), as measured by the test
method specified in Table 3 to this subpart.

(4) To determine compliance with the total hydrocarbon destruction
efficiency standard for a combustion device that does not use auxiliary
fuel, you must use Equation 6 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR29AP03.005

Where:

THC DE = THC destruction efficiency, percent.
CO = Carbon monoxide concentration at the combustion device outlet,
parts per million by volume (dry), as measured by the test
method specified in Table 3 to this subpart.
CO2 = Carbon dioxide concentration at the combustion device
outlet, parts per million by volume (dry), as measured by the
test method specified in Table 3 to this subpart.
THC = Total hydrocarbon concentration at the combustion device outlet,
parts per million by volume (dry), as measured by the test
method specified in Table 3 to this subpart.

[68 FR 24577, May 7, 2003, as amended at 70 FR 28364, May 17, 2005; 85
FR 14549, Mar. 12, 2020]

Sec.63.8688 What are my monitoring installation, operation,
and maintenance requirements?

(a) You must install, operate, and maintain each continuous
parameter monitoring system (CPMS) according to the following:
(1) The CPMS must complete a minimum of one cycle of operation for
each successive 15-minute period.
(2) To determine the 3-hour average, you must:
(i) Have a minimum of four successive cycles of operation to have a
valid hour of data.
(ii) Have valid data from at least three of four equally spaced data
values for that hour from a CPMS that is not out-of-control according to
your site-specific monitoring plan.
(iii) Determine the 3-hour average of all recorded readings for each
operating day, except as stated in Sec.63.8690(c). You must have at
least two of the three hourly averages for that period using only hourly
average values that are based on valid data (i.e., not from out-of-
control periods).
(3) You must record the results of each inspection, calibration, and
validation check.
(b) For each temperature monitoring device, you must meet the
requirements in paragraph (a) of this section and the following:
(1) Locate the temperature sensor in a position that provides a
representative temperature.
(2) For a noncryogenic temperature range, use a temperature sensor
with a

[[Page 460]]

minimum measurement sensitivity of 2.8 [deg]C or 1.0 percent of the
temperature value, whichever is larger.
(3) If a chart recorder is used, it must have a sensitivity in the
minor division of at least 20 [deg]F.
(4) Perform an accuracy check at least semiannually or following an
operating parameter deviation:
(i) According to the procedures in the manufacturer's documentation;
or
(ii) By comparing the sensor output to redundant sensor output; or
(iii) By comparing the sensor output to the output from a calibrated
temperature measurement device; or
(iv) By comparing the sensor output to the output from a temperature
simulator.
(5) Conduct accuracy checks any time the sensor exceeds the
manufacturer's specified maximum operating temperature range or install
a new temperature sensor.
(6) At least quarterly or following an operating parameter
deviation, perform visual inspections of components if redundant sensors
are not used.
(c) For each pressure measurement device, you must meet the
requirements of paragraph (a) of this section and the following:
(1) Locate the pressure sensor(s) in, or as close as possible, to a
position that provides a representative measurement of the pressure.
(2) Use a gauge with a minimum measurement sensitivity of 0.12
kiloPascals or a transducer with a minimum measurement sensitivity of 5
percent of the pressure range.
(3) Check pressure tap pluggage daily. Perform an accuracy check at
least quarterly or following an operating parameter deviation:
(i) According to the procedures in the manufacturer's documentation;
or
(ii) By comparing the sensor output to redundant sensor output.
(4) Conduct calibration checks any time the sensor exceeds the
manufacturer's specified maximum operating pressure range or install a
new pressure sensor.
(5) At least monthly or following an operating parameter deviation,
perform a leak check of all components for integrity, all electrical
connections for continuity, and all mechanical connections for leakage.
(6) At least quarterly or following an operating parameter
deviation, perform visible inspections on all components if redundant
sensors are not used.
(d) For monitoring parameters other than temperature and pressure
drop, you must install and operate a CPMS to provide representative
measurements of the monitored parameters.
(e) For each flare, you must install 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.
(f) As an option to installing the CPMS specified in paragraph (a)
of this section, you may install a continuous emissions monitoring
system (CEMS) or a continuous opacity monitoring system (COMS) that
meets the applicable requirements in Sec.63.8 according to Table 7 to
this subpart and the applicable performance specifications of 40 CFR
part 60, appendix B.
(g) For each monitoring system required in this section, you must
develop and make available for inspection by the permitting authority,
upon request, a site-specific monitoring plan that addresses the
following:
(1) Installation of the CPMS, CEMS, or COMS sampling probe or other
interface at a measurement location relative to each affected process
unit such that the measurement is representative of control of the
exhaust emissions (e.g., on or downstream of the last control device);
(2) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer,
and the data collection and reduction system; and
(3) Performance evaluation procedures and acceptance criteria (e.g.,
calibrations).
(h) In your site-specific monitoring plan, you must also address the
following:
(1) Ongoing operation and maintenance procedures in accordance with
the general requirements of Sec.63.8(c)(1)(ii), (c)(3), (c)(4)(ii),
and (c)(7) and (8);

[[Page 461]]

(2) Ongoing data quality assurance procedures in accordance with the
general requirements of Sec.63.8(d); and
(3) Ongoing recordkeeping and reporting procedures in accordance
with Sec. Sec.63.8693 and 63.8694 and the general requirements of
Sec.63.10(e)(1) and (e)(2)(i).
(i) You must conduct a performance evaluation of each CPMS, CEMS, or
COMS in accordance with your site-specific monitoring plan.
(j) You must operate and maintain the CPMS, CEMS, or COMS in
continuous operation according to the site-specific monitoring plan.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14549, Mar. 12, 2020]

Sec.63.8689 How do I demonstrate initial compliance with the
emission limitations?

(a) You must demonstrate initial compliance with each emission
limitation that applies to you according to Table 4 to this subpart.
(b) Except as specified in paragraph (d) of this section, you must
establish each site-specific operating limit in Table 2 to this subpart
that applies to you according to the requirements in Sec.63.8687 and
Table 3 to this subpart.
(c) You must submit the Notification of Compliance Status containing
the results of the initial compliance demonstration according to the
requirements in Sec.63.8692(e).
(d) For control devices used to comply with the particulate matter
standards in Table 1 to this subpart, you may establish any of the
operating limits for pressure drop range (i.e., a minimum and a maximum
pressure drop) across the control device using manufacturers'
specifications in lieu of complying with paragraph (b) of this section.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14549, Mar. 12, 2020]

Continuous Compliance Requirements

Sec.63.8690 How do I monitor and collect data to demonstrate
continuous compliance?

(a) You must monitor and collect data according to this section.
(b) Before September 9, 2020, except for monitor malfunctions,
associated repairs, and required quality assurance or control activities
(including, as applicable, calibration checks and required zero and span
adjustments), you must monitor continuously (or collect data at all
required intervals) at all times that the affected source is operating
including periods of startup, shutdown, and malfunction when the
affected source is operating. On and after September 9, 2020, you must
monitor and collect data at all times in accordance with Sec.
63.8685(b), except during periods of nonoperation of the affected source
(or specific portion thereof) resulting in cessation of the emissions to
which this subpart applies.
(c) You may not use data recorded during monitoring malfunctions,
associated repairs, and required quality assurance or control activities
in data averages and calculations used to report emission or operating
levels, nor may such data be used in fulfilling a minimum data
availability requirement, if applicable. You must use all the data
collected during all other periods in assessing the operation of the
control device and associated control system.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14549, Mar. 12, 2020]

Sec.63.8691 How do I conduct periodic performance tests and
demonstrate continuous compliance with the emission limitations
and operating limits?

(a) You must demonstrate continuous compliance with each operating
limit in Table 2 to this subpart that applies to you according to the
procedures specified in Table 5 to this subpart, and you must conduct
performance tests as specified in paragraph (e) of this section.
(b) Before September 9, 2020, you must report each instance in which
you did not meet each operating limit in Table 5 to this subpart that
applies to you. This includes periods of startup, shutdown, and
malfunction. These instances are deviations from the emission
limitations in this subpart. These deviations must be reported according
to the requirements in Sec.63.8693. On and after September 9, 2020,
you must report each instance in which you did not meet each operating
limit in Table 5 to this subpart that applies to you, except

[[Page 462]]

during periods of nonoperation of the affected source (or specific
portion thereof) resulting in cessation of the emissions to which this
subpart applies.
(c) [Reserved]
(d) Before September 9, 2020, consistent with Sec. Sec.63.6(e) and
63.7(e)(1), deviations that occur during a period of startup, shutdown,
or malfunction are not violations if you demonstrate to the
Administrator's satisfaction that you were operating in accordance with
Sec.63.6(e)(1). The Administrator will determine whether deviations
that occur during a period of startup, shutdown, or malfunction are
violations, according to the provisions in Sec.63.6(e). On and after
September 9, 2020, this paragraph (d) no longer applies.
(e) For each control device used to comply with the PM, THC,
opacity, or visible emission standards of this subpart, you must conduct
periodic performance tests using the applicable procedures specified in
Sec.63.8687 and Table 4 to this subpart to demonstrate compliance with
Sec.63.8684(a), and to confirm or reestablish the operating limits
required by Sec.63.8684(b). You must conduct periodic performance
tests according to the schedule specified in paragraphs (e)(1) through
(3) of this section.
(1) Except as specified in paragraph (e)(3) of this section, for
each existing affected source, and for each new and reconstructed
affected source that commences construction or reconstruction after
November 21, 2001 and on or before March 12, 2020, you must conduct the
first periodic performance test on or before March 13, 2023. As an
alternative to the first periodic performance test, you may use the
results of a previously-conducted emission test to demonstrate
compliance with the emission limitations in this subpart, such as tests
for renewing your facility's operating permit under 40 CFR part 70 or 40
CFR part 71, if you demonstrate to the Administrator's satisfaction that
it meets the requirements of Sec.63.8686(b)(1) through (4). The
subsequent periodic performance tests must be conducted no later than 60
months thereafter following the previous performance test.
(2) Except as specified in paragraph (e)(3) of this section, for
each new and reconstructed affected source that commences construction
or reconstruction after March 12, 2020, you must conduct the first
periodic performance test no later than 60 months following the initial
performance test required by Sec.63.8689. If you used the alternative
compliance option specified in Sec.63.8686(b) to comply with the
initial performance test, then you must conduct the first periodic
performance test no later than 60 months following the date you
demonstrated to the Administrator that the requirements of Sec.
63.8686(b) had been met.
(3) If an affected source is not operating on the dates the periodic
performance test is required to be conducted as specified in paragraph
(e)(1) or (2) of this section, then you are not required to restart the
affected source for the sole purpose of complying with paragraph (e)(1)
or (2) of this section. Instead, upon restart of the affected source,
you must conduct the first periodic performance test within 60 days of
achieving normal operating conditions but no later than 180 days from
startup. You must conduct subsequent periodic performance tests no later
than 60 months thereafter following the previous performance test.

[68 FR 24577, May 7, 2003, as amended at 71 FR 20469, Apr. 20, 2006; 85
FR 14549, Mar. 12, 2020]

Notifications, Reports, and Records

Sec.63.8692 What notifications must I submit and when?

(a) You must submit all the notifications in Sec. Sec.63.6(h)(4)
and (5), 63.7(b) and (c), 63.8(f), and 63.9(b) through (f) and (h) that
apply to you by the dates specified in these sections, except as
provided in paragraphs (b) through (f) of this section.
(b) As specified in Sec.63.9(b)(2), if you start up your affected
source before April 29, 2003, you must submit an Initial Notification
not later than 120 calendar days after April 29, 2003.
(c) As specified in Sec.63.9(b)(3), if you start up your new or
reconstructed affected source on or after April 29, 2003, you must
submit an Initial Notification not later than 120 calendar days after
you become subject to this subpart.

[[Page 463]]

(d) If you are required to conduct a performance test, you must
submit a notification of intent to conduct a performance test at least
60 calendar days before the performance test is scheduled to begin, as
required in Sec.63.7(b)(1).
(e) If you are required to conduct a performance test, design
evaluation, opacity observation, visible emission observation, or other
compliance demonstration as specified in Table 3 or 4 to this subpart,
you must submit a Notification of Compliance Status according to Sec.
63.9(h)(2)(ii). You must submit the Notification of Compliance Status,
including the performance test results, before the close of business on
the 60th calendar day following the completion of the performance test
according to Sec.63.10(d)(2). On and after September 9, 2020, you must
submit all subsequent Notification of Compliance Status reports to EPA
via the Compliance and Emissions Data Reporting Interface (CEDRI), which
can be accessed through EPA's Central Data Exchange (CDX) (https://
cdx.epa.gov/). If you claim some of the information required to be
submitted via CEDRI is confidential business information (CBI), then
submit a complete report, including information claimed to be CBI, to
EPA. Submit the file on a compact disc, flash drive, or other commonly
used electronic storage medium and clearly mark the medium as CBI. Mail
the electronic medium 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 file with the CBI omitted must be submitted
to EPA via EPA's CDX as described earlier in this paragraph (e). You may
assert a claim of EPA system outage or force majeure for failure to
timely comply with the reporting requirement in this paragraph (e)
provided you meet the requirements outlined in Sec.63.8693(h) or (i),
as applicable.
(f) If you are using data from a previously-conducted emission test
to serve as documentation of conformance with the emission standards and
operating limits of this subpart as specified in Sec.63.8686(b), you
must submit the test data in lieu of the initial performance test
results with the Notification of Compliance Status required under
paragraph (e) of this section.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14550, Mar. 12, 2020]

Sec.63.8693 What reports must I submit and when?

(a) You must submit each report in Table 6 to this subpart that
applies to you.
(b) Unless the Administrator has approved a different schedule for
submission of reports under Sec.63.10(a), you must submit each report
by the date in Table 6 to this subpart and according to the following
dates:
(1) The first compliance report must cover the period beginning on
the compliance date that is specified for your affected source in Sec.
63.8683 and ending on June 30 or December 31, whichever date is the
first date following the end of the first calendar half after the
compliance date that is specified for your source in Sec.63.8683.
(2) The first compliance report must be postmarked or delivered no
later than July 31 or January 31, whichever date follows the end of the
first calendar half after the compliance date that is specified for your
affected source in Sec.63.8683.
(3) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
(4) Each subsequent compliance report must be postmarked or
delivered no later than July 31 or January 31, whichever date is the
first date following the end of the semiannual reporting period.
(5) For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the
permitting authority has established dates for submitting semiannual
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance
reports according to the dates the permitting authority has established
instead of the dates in paragraphs (b)(1) through (4) of this section.

[[Page 464]]

(6) On and after September 9, 2020, you must submit all compliance
reports to EPA via the CEDRI, which can be accessed through EPA's CDX
(https://cdx.epa.gov/). You must use the appropriate electronic report
template on the CEDRI website (https://www.epa.gov/electronic-reporting-
air-emissions/compliance-and-emissions-data-reporting-interface-cedri)
for this subpart. The date report templates become available will be
listed on the CEDRI website. The report must be submitted by the
deadline specified in this subpart, regardless of the method in which
the report is submitted. If you claim some of the information required
to be submitted via CEDRI is CBI, submit a complete report, including
information claimed to be CBI, to EPA. The report must be generated
using the appropriate form on the CEDRI website or an alternate
electronic file consistent with the extensible markup language (XML)
schema listed on the CEDRI website. Submit the file on a compact disc,
flash drive, or other commonly used electronic storage medium and
clearly mark the medium as CBI. Mail the electronic medium 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 file
with the CBI omitted must be submitted to EPA via EPA's CDX as described
earlier in this paragraph (b)(6). You may assert a claim of EPA system
outage or force majeure for failure to timely comply with the reporting
requirement in this paragraph (b)(6) provided you meet the requirements
outlined in Sec.63.8693(h) or (i), as applicable.
(c) The compliance report must contain the following information:
(1) Company name and address.
(2) Statement by a responsible official with that official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
(3) Date of report and beginning and ending dates of the reporting
period.
(4) Before September 9, 2020, if you had a startup, shutdown, or
malfunction during the reporting period and you took actions consistent
with your SSMP, the compliance report must include the information in
Sec.63.10(d)(5)(i). On and after September 9, 2020, this paragraph
(c)(4) no longer applies.
(5) For each reporting period, you must include in the compliance
report the total number of deviations that occurred during the reporting
period. If there are no deviations from any emission limitations
(emission limit, operating limit, opacity limit, and visible emission
limit) in Sec.63.8684 that apply to you, then you must include a
statement that there were no deviations from the emission limitations
during the reporting period.
(6) If there were no periods during which the CPMS, CEMS, or COMS
was out-of-control as specified in Sec.63.8(c)(7), a statement that
there were no periods during which the CPMS, CEMS, or COMS was out-of-
control during the reporting period.
(d) For each deviation from an emission limitation (emission limit,
operating limit, opacity limit, and visible emission limit) in Sec.
63.8684, you must include in the compliance report the information in
paragraphs (c)(1) through (6) of this section, and the information in
paragraphs (d)(1) through (13) of this section.
(1) The start date, start time, and duration of each malfunction.
(2) For each instance that the CPMS, CEMS, or COMS was inoperative,
except for zero (low-level) and high-level checks, the start date, start
time, and duration that the CPMS, CEMS, or COMS was inoperative; the
cause (including unknown cause) for the CPMS, CEMS, or COMS being
inoperative; and descriptions of corrective actions taken.
(3) For each instance that the CPMS, CEMS, or COMS was out-of-
control as specified in Sec.63.8(c)(7), the start date, start time,
and duration that the CPMS, CEMS, or COMS was out-of-control, including
the information in Sec.63.8(c)(8).
(4) Before September 9, 2020, the start date, start time, and
duration of the deviation, and whether each deviation occurred during a
period of startup, shutdown, or malfunction or during another period. On
and after September 9, 2020, the start date, start time, and duration of
the deviation including a description of the deviation and the actions
you took to minimize emissions

[[Page 465]]

in accordance with Sec.63.8685(b). You must also include:
(i) A list of the affected sources or equipment for which the
deviation occurred;
(ii) The cause of the deviation (including unknown cause, if
applicable); and
(iii) Any corrective actions taken to return the affected unit to
its normal or usual manner of operation.
(5) A summary of the total duration of the deviation during the
reporting period and the total duration as a percent of the total source
operating time during that reporting period.
(6) Before September 9, 2020, a breakdown of the total duration of
the deviations during the reporting period into those that are due to
startup, shutdown, control equipment problems, process problems, other
known causes, and other unknown causes. On and after September 9, 2020,
a breakdown of the total duration of the deviations during the reporting
period into those that are due to control equipment problems, process
problems, other known causes, and other unknown causes.
(7) A summary of the total duration of CPMS, CEMS, or COMS downtime
during the reporting period and the total duration of CPMS, CEMS, or
COMS downtime as a percent of the total source operating time during
that reporting period.
(8) An identification of each air pollutant that was monitored at
the affected source.
(9) A brief description of the process units.
(10) A brief description of the CPMS, CEMS, or COMS.
(11) The date of the latest CPMS, CEMS, or COMS certification or
audit.
(12) A description of any changes in CPMS, CEMS, or COMS, processes,
or controls since the last reporting period.
(13) On and after September 9, 2020, for each deviation from an
emission limitation in Sec.63.8684, you must include an estimate of
the quantity of each regulated pollutant emitted over any emission
limitation in Sec.63.8684, and a description of the method used to
estimate the emissions.
(e) Each affected source that has obtained a title V operating
permit pursuant to 40 CFR part 70 or 40 CFR part 71 must report all
deviations as defined in this subpart in the semiannual monitoring
report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A). If an affected source submits a compliance report
pursuant to Table 6 to this subpart along with, or as part of, the
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40
CFR 71.6(a)(3)(iii)(A), and the compliance report includes all required
information concerning deviations from any emission limitation
(including any operating limit), submission of the compliance report
shall be deemed to satisfy any obligation to report the same deviations
in the semiannual monitoring report. However, submission of a compliance
report shall not otherwise affect any obligation the affected source may
have to report deviations from permit requirements to the permit
authority.
(f) On and after September 9, 2020, within 60 days after the date of
completing each performance test required by this subpart, you must
submit the results of the performance test following the procedures
specified in paragraphs (f)(1) through (3) of this section.
(1) Data collected using test methods supported by EPA's Electronic
Reporting Tool (ERT) as listed on EPA's ERT website (https://
www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-
tool-ert) at the time of the test. Submit the results of the performance
test to EPA via the CEDRI, which can be accessed through EPA's CDX
(https://cdx.epa.gov/). The data must be submitted in a file format
generated through the use of EPA's ERT. Alternatively, you may submit an
electronic file consistent with the XML schema listed on EPA's ERT
website.
(2) Data collected using test methods that are not supported by
EPA's ERT as listed on EPA's ERT website at the time of the test. The
results of the performance test must be included as an attachment in the
ERT or an alternate electronic file consistent with the XML schema
listed on EPA's ERT website. Submit

[[Page 466]]

the ERT generated package or alternative file to EPA via CEDRI.
(3) CBI. If you claim some of the information submitted under
paragraph (f)(1) of this section is CBI, you must submit a complete
file, including information claimed to be CBI, to EPA. The file must be
generated through the use of EPA's ERT or an alternate electronic file
consistent with the XML schema listed on EPA's ERT website. Submit the
file on a compact disc, flash drive, or other commonly used electronic
storage medium and clearly mark the medium as CBI. Mail the electronic
medium 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 file with the CBI omitted must be submitted to EPA via
EPA's CDX as described in paragraph (f)(1) of this section.
(g) On and after September 9, 2020, within 60 days after the date of
completing each continuous monitoring system (CMS) performance
evaluation (as defined in Sec.63.2) as specified in your site-specific
monitoring plan, you must submit the results of the performance
evaluation following the procedures specified in paragraphs (g)(1)
through (3) of this section.
(1) Performance evaluations of CMS measuring relative accuracy test
audit (RATA) pollutants that are supported by EPA's ERT as listed on
EPA's ERT website at the time of the evaluation. Submit the results of
the performance evaluation to EPA via CEDRI, which can be accessed
through EPA's CDX. The data must be submitted in a file format generated
through the use of EPA's ERT. Alternatively, you may submit an
electronic file consistent with the XML schema listed on EPA's ERT
website.
(2) Performance evaluations of CMS measuring RATA pollutants that
are not supported by EPA's ERT as listed on EPA's ERT website at the
time of the evaluation. The results of the performance evaluation must
be included as an attachment in the ERT or an alternate electronic file
consistent with the XML schema listed on EPA's ERT website. Submit the
ERT generated package or alternative file to EPA via CEDRI.
(3) CBI. If you claim some of the information submitted under
paragraph (g)(1) of this section is CBI, you must submit a complete
file, including information claimed to be CBI, to EPA. The file must be
generated through the use of EPA's ERT or an alternate electronic file
consistent with the XML schema listed on EPA's ERT website. Submit the
file on a compact disc, flash drive, or other commonly used electronic
storage medium and clearly mark the medium as CBI. Mail the electronic
medium 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 file with the CBI omitted must be submitted to EPA via
EPA's CDX as described in paragraph (g)(1) of this section.
(h) If you are required to electronically submit a report through
CEDRI in EPA's CDX, you may assert a claim of EPA system outage for
failure to timely comply with the reporting requirement in this section.
To assert a claim of EPA system outage, you must meet the requirements
outlined in paragraphs (h)(1) through (7) of this section.
(1) You must have been or will be precluded from accessing CEDRI and
submitting a required report within the time prescribed due to an outage
of either EPA's CEDRI or CDX systems.
(2) The outage must have occurred within the period of time
beginning five business days prior to the date that the submission is
due.
(3) The outage may be planned or unplanned.
(4) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
(5) You must provide to the Administrator a written description
identifying:
(i) The date(s) and time(s) when CDX or CEDRI was accessed and the
system was unavailable;
(ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to EPA system outage;
(iii) Measures taken or to be taken to minimize the delay in
reporting; and

[[Page 467]]

(iv) The date by which you propose to report, or if you have already
met the reporting requirement at the time of the notification, the date
you reported.
(6) The decision to accept the claim of EPA system outage and allow
an extension to the reporting deadline is solely within the discretion
of the Administrator.
(7) In any circumstance, the report must be submitted electronically
as soon as possible after the outage is resolved.
(i) If you are required to electronically submit a report through
CEDRI in EPA's CDX, you may assert a claim of force majeure for failure
to timely comply with the reporting requirement in this section. To
assert a claim of force majeure, you must meet the requirements outlined
in paragraphs (i)(1) through (5) of this section.
(1) You may submit a claim if a force majeure event is about to
occur, occurs, or has occurred or there are lingering effects from such
an event within the period of time beginning five business days prior to
the date the submission is due. For the purposes of this section, a
force majeure event is defined as an event that will be or has been
caused by circumstances beyond the control of the affected facility, its
contractors, or any entity controlled by the affected facility that
prevents you from complying with the requirement to submit a report
electronically within the time period prescribed. Examples of such
events are acts of nature (e.g., hurricanes, earthquakes, or floods),
acts of war or terrorism, or equipment failure or safety hazard beyond
the control of the affected facility (e.g., large scale power outage).
(2) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
(3) You must provide to the Administrator:
(i) A written description of the force majeure event;
(ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to the force majeure event;
(iii) Measures taken or to be taken to minimize the delay in
reporting; and
(iv) The date by which you propose to report, or if you have already
met the reporting requirement at the time of the notification, the date
you reported.
(4) The decision to accept the claim of force majeure and allow an
extension to the reporting deadline is solely within the discretion of
the Administrator.
(5) In any circumstance, the reporting must occur as soon as
possible after the force majeure event occurs.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14550, Mar. 12, 2020]

Sec.63.8694 What records must I keep?

(a) You must keep the following records:
(1) A copy of each notification and report that you submitted to
comply with this subpart, including all documentation supporting any
Initial Notification or Notification of Compliance Status that you
submitted, according to the requirements in Sec.63.10(b)(2)(xiv).
(2) Before September 9, 2020, the records in Sec.63.6(e)(3)(iii)
through (v) related to startup, shutdown, and malfunction. On and after
September 9, 2020, this paragraph (a)(2) no longer applies.
(3) Records of performance tests, performance evaluations, and
opacity and visible emission observations as required in Sec.
63.10(b)(2)(viii).
(b) You must keep the records in Sec.63.6(h)(6) for visible
emission observations.
(c) You must keep the records required in Table 5 to this subpart to
show continuous compliance with each operating limit that applies to
you.
(d) Records of any shared equipment determinations as specified in
Sec.63.8682(b).
(e) Any records required to be maintained by this part that are
submitted electronically via EPA's CEDRI may be maintained in electronic
format. This ability to maintain electronic copies does not affect the
requirement for facilities to make records, data, and reports available
upon request to a delegated air agency or EPA as part of an on-site
compliance evaluation.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14552, Mar. 12, 2020]

[[Page 468]]

Sec.63.8695 In what form and how long must I keep my records?

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

Other Requirements and Information

Sec.63.8696 What parts of the General Provisions apply to me?

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

Sec.63.8697 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by us, the U.S.
Environmental Protection Agency (U.S. EPA), or a delegated authority
such as your State, local, or tribal agency. If the U.S. EPA
Administrator has delegated authority to your State, local, or tribal
agency, then that agency, in addition to the U.S. EPA, has the authority
to implement and enforce this subpart. You should contact your U.S. EPA
Regional Office to find out if implementation and enforcement of this
subpart is delegated.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the following authorities are retained by the Administrator
of U.S. EPA:
(1) Approval of alternatives to the requirements in Sec. Sec.
63.8681, 63.8682, 63.8683, 63.8684, 63.8685, 63.8686, 63.8687, 63.8688,
63.8689, 63.8690, and 63.8691.
(2) Approval of major changes to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec.63.90.
(3) Approval of major changes to monitoring under Sec.63.8(f) and
as defined in Sec.63.90.
(4) Approval of major changes to recordkeeping and reporting under
Sec.63.10(f) and as defined in Sec.63.90.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14552, Mar. 12, 2020]

Sec.63.8698 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in 40
CFR 63.2, the General Provisions of this part, and in this section as
follows:
Adhesive applicator means the equipment that uses open pan-type
application (e.g., a roller partially submerged in an open pan of
adhesive) to apply adhesive to roofing shingles for producing laminated
or dimensional roofing shingles.
Asphalt flux means the organic residual material from distillation
of crude oil that is generally used in asphalt roofing manufacturing and
paving and non-paving asphalt products.
Asphalt loading rack means the equipment at an asphalt processing
facility used to transfer oxidized asphalt from a storage tank into a
tank truck, rail car, or barge.
Asphalt processing facility means any facility engaged in the
preparation of asphalt flux at stand-alone asphalt processing
facilities, petroleum refineries, and asphalt roofing facilities.
Asphalt preparation, called ``blowing,'' is the oxidation of asphalt
flux, achieved by bubbling air through the heated asphalt, to raise the
softening point and to reduce penetration of the oxidized asphalt. An
asphalt processing facility includes one or more asphalt flux blowing
stills, asphalt flux storage tanks storing asphalt flux intended for
processing in the blowing stills, oxidized asphalt storage tanks, and
oxidized asphalt loading racks.
Asphalt roofing manufacturing facility means a facility consisting
of one or more asphalt roofing manufacturing lines.
Asphalt roofing manufacturing line means the collection of equipment
used to manufacture asphalt roofing products through a series of
sequential process steps. The equipment that comprises an asphalt
roofing manufacturing line varies depending on the type of substrate
used (i.e., organic or

[[Page 469]]

inorganic) and the final product manufactured (e.g., roll roofing,
laminated shingles). For example, an asphalt roofing manufacturing line
that uses fiberglass mat as a substrate typically would not include a
saturator/wet looper (or the saturator/wet looper could be bypassed if
the line manufacturers multiple types of products). An asphalt roofing
manufacturing line can include a saturator (including wet looper),
coater, coating mixers, sealant applicators, adhesive applicators, and
asphalt storage and process tanks. The number of asphalt roofing
manufacturing lines at a particular facility is determined by the number
of saturators (or coaters) operated in parallel. For example, an asphalt
roofing manufacturing facility with two saturators (or coaters)
operating in parallel would be considered to have two separate roofing
manufacturing lines.
Asphalt storage tank means any tank used to store asphalt flux,
oxidized asphalt, and modified asphalt, at asphalt roofing manufacturing
facilities, petroleum refineries, and asphalt processing facilities.
Storage tanks containing cutback asphalts (asphalts diluted with
solvents to reduce viscosity for low temperature applications) and
emulsified asphalts (asphalts dispersed in water with an emulsifying
agent) are not subject to this subpart.
Blowing still means the equipment in which air is blown through
asphalt flux to change the softening point and penetration rate of the
asphalt flux, creating oxidized asphalt.
Boiler means any enclosed combustion device that extracts useful
energy in the form of steam and is not an incinerator.
Coater means the equipment used to apply amended (filled or
modified) asphalt to the top and bottom of the substrate (typically
fiberglass mat) used to manufacture shingles and rolled roofing
products.
Coating mixer means the equipment used to mix coating asphalt and a
mineral stabilizer, prior to applying the stabilized coating asphalt to
the substrate.
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.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart including, but not limited to, any emission limitation
(including any operating limit), or work practice standard;
(2) Fails to meet any term or condition that is adopted to implement
an applicable requirement in this subpart, and that is included in the
operating permit for any affected source required to obtain such a
permit; or
(3) Before September 9, 2020, fails to meet any emission limitation
(including any operating limit) or work practice standard in this
subpart during startup, shutdown, or malfunction, regardless of whether
or not such failure is permitted by this subpart. On and after September
9, 2020, this paragraph (3) no longer applies.
Emission limitation means any emission limit, opacity limit,
operating limit, or visible emission limit.
Group 1 asphalt loading rack means an asphalt loading rack that
loads asphalt with a maximum temperature of 260 [deg]C (500 [deg]F) or
greater and has a maximum true vapor pressure of 10.4 kiloPascals (kPa)
(1.5 pounds per square inch absolute (psia)) or greater.
Group 2 asphalt loading rack means an asphalt loading rack that is
not a Group 1 asphalt loading rack.
Group 1 asphalt storage tank means an asphalt storage tank that
meets both of the following criteria:
(1) Has a capacity of 177 cubic meters (47,000 gallons) of asphalt
or greater; and
(2) Stores asphalt at a maximum temperature of 260 [deg]C (500
[deg]F) or greater and has a maximum true vapor pressure of 10.4 kPa
(1.5 psia) or greater.
Group 2 asphalt storage tank means any asphalt storage tank with a
capacity of 1.93 megagrams (Mg) of asphalt or greater that is not a
Group 1 asphalt storage tank.
Incinerator means an enclosed combustion device that is used for
destroying organic compounds. Auxiliary fuel

[[Page 470]]

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.
Maximum true vapor pressure means the equilibrium partial pressure
exerted by the stored asphalt at its maximum storage temperature.
Modified asphalt means asphalt that has been mixed with polymer
modifiers.
Oxidized asphalt means asphalt that has been prepared by passing air
through liquid asphalt flux in a blowing still.
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.
Research and development equipment means any equipment whose primary
purpose is to conduct research and development to develop new processes
and products, where such equipment 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.
Responsible official means responsible official as defined in 40 CFR
70.2.
Saturator means the equipment in which substrate (predominantly
organic felt) is filled with asphalt. Saturators are predominantly used
for the manufacture of saturated felt products. The term saturator
includes the saturator and wet looper.
Sealant applicator means the equipment that uses open pan-type
application (e.g., a roller partially submerged in an open pan of
sealant) to apply a sealant strip to a roofing product. The sealant
strip is used to seal overlapping pieces of roofing product after they
have been applied.
Work practice standard means any design, equipment, work practice,
or operational standard, or combination thereof, that is promulgated
pursuant to section 112(h) of the Clean Air Act.

[68 FR 24577, May 7, 2003, as amended at 70 FR 28364, May 17, 2005; 85
FR 14552, Mar. 12, 2020]

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

------------------------------------------------------------------------
You must meet the following
For-- emission limitation--
------------------------------------------------------------------------
1. Each blowing still, Group 1 a. Reduce total hydrocarbon mass
asphalt loading rack, and Group 1 emissions by 95 percent, or to a
asphalt storage tank at existing, concentration of 20 ppmv, on a dry
new, and reconstructed asphalt basis corrected to 3 percent
processing facilities; and each oxygen;
Group 1 asphalt storage tank at b. Route the emissions to a
existing, new, and reconstructed combustion device achieving a
asphalt roofing manufacturing combustion efficiency of 99.5
lines; and each coating mixer, percent;
saturator (including wet looper), c. Route the emissions to a
coater, sealant applicator, and combustion device that does not
adhesive applicator at new and use auxiliary fuel achieving a
reconstructed asphalt roofing total hydrocarbon (THC)
manufacturing lines. destruction efficiency of 95.8
percent;
d. Route the emissions to a boiler
or process heater with a design
heat input capacity of 44
megawatts (MW) or greater;
e. Introduce the emissions into the
flame zone of a boiler or process
heater; or
f. Route emissions to a flare
meeting the requirements of Sec.
63.11(b).
2. The total emissions from the a. Limit particulate matter
coating mixer, saturator emissions to 0.04 kilograms
(including wet looper), coater, emissions per megagram (kg/Mg)
sealant applicator, and adhesive (0.08 pounds per ton, lb/ton) of
applicator at each existing asphalt shingle or mineral-
asphalt roofing manufacturing surfaced roll roofing produced; or
line. \a\ b. Limit particulate matter
emissions to 0.4 kg/Mg (0.8 lb/
ton) of saturated felt or smooth-
surfaced roll roofing produced.
3. Each saturator (including wet a. Limit exhaust gases to 20
looper) and coater at existing, percent opacity; and
new, and reconstructed asphalt b. Limit visible emissions from the
roofing manufacturing lines. \a\ emission capture system to 20
percent of any period of
consecutive valid observations
totaling 60 minutes.

[[Page 471]]

4. Each Group 2 asphalt storage Limit exhaust gases to 0 percent
tank at existing, new, and opacity. \b\
reconstructed asphalt processing
facility and asphalt roofing
manufacturing lines. \a\
------------------------------------------------------------------------
\a\ As an alternative to meeting the particulate matter and opacity
limits, these emission sources may comply with the THC percent
reduction or combustion efficiency standards.
\b\ The opacity limit can be exceeded for one consecutive 15-minute
period in any 24-hour period when the storage tank transfer lines are
being cleared. During this 15-minute period, the control device must
not be bypassed. If the emissions from the asphalt storage tank are
ducted to the saturator control device, the combined emissions from
the saturator and storage tank must meet the 20 percent opacity limit
(specified in 3.a of Table 1 to this subpart) during this 15-minute
period. At any other time, the opacity limit applies to Group 2
asphalt storage tanks.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14553, Mar. 12, 2020]

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

------------------------------------------------------------------------
For-- You must \a\
------------------------------------------------------------------------
1. Non-flare combustion devices Maintain the 3-hour average \b\
with a design heat input capacity combustion zone temperature at or
less than 44 MW or where the above the operating limit
emissions are not introduced into established during the performance
the flame zone. test.
2. Flares.......................... Meet the operating requirements
specified in Sec. 63.11(b).
3. Control devices used to comply a. Maintain the 3-hour average b
with the particulate matter inlet gas temperature at or below
standards. the operating limit established
during the performance test; and
b. Maintain the 3-hour average b
pressure drop across the device c
within the operating range limits
(i.e., at or above a minimum
pressure drop and at or below a
maximum pressure drop) established
during the performance test, or as
an alternative, established
according to the manufacturer's
specifications as specified in
Sec. 63.8689(d).
4. Other control devices that are Maintain the approved monitoring
neither a combustion device nor a parameters within the operating
control device used to comply with limits established during the
the particulate matter emission performance test.
standards.
------------------------------------------------------------------------
\a\ The operating limits specified in Table 2 to this subpart are
applicable if you are monitoring control device operating parameters
to demonstrate continuous compliance. If you are using a CEMS or COMS,
you must maintain emissions below the value established during the
initial performance test.
\b\ A 15-minute averaging period can be used as an alternative to the 3-
hour averaging period for this parameter.
\c\ As an alternative to monitoring the pressure drop across the control
device, owners or operators using an ESP to achieve compliance with
the emission limits specified in Table 1 to this subpart can monitor
the voltage to the ESP. If this option is selected, the ESP voltage
must be maintained at or above the operating limit established during
the performance test.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14553, Mar. 12, 2020]

Sec. Table 3 to Subpart LLLLL of Part 63--Requirements for Performance
Tests \a b\

----------------------------------------------------------------------------------------------------------------
According to the following
For-- You must-- Using-- requirements--
----------------------------------------------------------------------------------------------------------------
1. All particulate matter, total a. Select sampling i. EPA test method 1 A. For demonstrating
hydrocarbon, carbon monoxide, and port's location and or 1A in appendix A compliance with the total
carbon dioxide emission tests. the number of to part 60 of this hydrocarbon percent
traverse points. chapter. reduction standard, the
sampling sites must be
located at the inlet and
outlet of the control
device prior to any
releases to the
atmosphere.
B. For demonstrating
compliance with the
particulate matter mass
emission rate, THC
destruction efficiency,
THC outlet concentration,
or combustion efficiency
standards, the sampling
sites must be located at
the outlet of the control
device prior to any
releases to the
atmosphere.
2. All particulate matter and total Determine velocity and EPA test method 2, 2A,
hydrocarbon tests. volumetric flow rate. 2C, 2D, 2F, or 2G, as
appropriate, in
appendix A to part 60
of this chapter.
3. All particulate matter and total Determine the gas EPA test method 3, 3A,
hydrocarbon tests. molecular weight used 3B, as appropriate,
for flow rate in appendix A to part
determination. 60 of this chapter.

[[Page 472]]

4. All particulate matter, total Measure moisture EPA test method 4 in
hydrocarbon, carbon monoxide, and content of the stack appendix A to part 60
carbon dioxide emission tests. gas. of this chapter.
5. All particulate matter emission Measure the asphalt
tests. processing rate or
the asphalt roofing
manufacturing rate
and the asphalt
content of the
product manufactured,
as appropriate.
6. Each control device used to Measure the EPA test method 5A in For demonstrating
comply with the particulate matter concentration of appendix A to part 60 compliance with the
emission standards. particulate matter. of this chapter. particulate matter
standard, the performance
tests must be conducted
under normal operating
conditions and while
manufacturing the roofing
product that is expected
to result in the greatest
amount of hazardous air
pollutant emissions.
7. All opacity tests............... Conduct opacity EPA test method 9 in Conduct opacity
observations. appendix A to part 60 observations for at least
of this chapter, or 3 hours and obtain 30, 6-
ASTM D7520-16 d f. minute averages.
8. All visible emission tests...... Conduct visible EPA test method 22 in Modify EPA test method 22
emission observations. appendix A to part 60 such that readings are
of this chapter. recorded every 15 seconds
for a period of
consecutive observations
totaling 60 minutes.
9. Each combustion device used to a. Measure the EPA test method 3A in ...........................
comply with the combustion concentration of appendix A to part 60
efficiency or THC standards. carbon dioxide. of this chapter.
b. Measure the EPA test method 10 in
concentration of appendix A to part 60
carbon monoxide. of this chapter.
c. Measure the EPA test method 25A in ...........................
concentration of appendix A to part 60
total hydrocarbons. of this chapter.
10. Each control device used to Measure the EPA test method 25A in ...........................
comply with the THC reduction concentration of appendix A to part 60
efficiency or outlet concentration total hydrocarbons. of this chapter.
standards.
11. Each combustion device......... Establish a site- Data from the CPMS and You must collect combustion
specific combustion the applicable zone temperature data
zone temperature performance test every 15 minutes during
operating limit. method(s). the entire period of the 3-
hour performance test, and
determine the average
combustion zone
temperature over the 3-
hour performance test by
computing the average of
all of the 15-minute
readings.
12. Each control device used to Establish a site- Data from the CPMS and You must collect the inlet
comply with the particulate matter specific inlet gas the applicable gas temperature and
emission standards. temperature operating performance test pressure drop b data every
limit; and if not method(s). 15 minutes during the
complying with Sec. entire period of the 3-
63.8689(d), also hour performance test, and
establish site- determine the average
specific limits for inlet gas temperature and
the pressure drop pressure drop c over the 3-
range (i.e., a hour performance test by
minimum and a maximum computing the average of
pressure drop) across all of the 15-minute
the device e. readings. The inlet gas
temperature operating
limit is set at +20
percent of the test run
average inlet gas
temperature measured in
units of degrees Celsius
or degrees Fahrenheit. The
maximum (or minimum)
pressure drop is set as
the maximum (or minimum)
average pressure drop of
the performance test runs
which demonstrated
compliance with the
applicable emission limit.

[[Page 473]]

13. Each control device that is Establish site- Process data and data You must collect monitoring
neither a combustion device nor a specific monitoring from the CPMS and the parameter data every 15
control device used to comply with parameters. applicable minutes during the entire
the particulate matter emission performance test period of the 3-hour
standards. method(s). performance test, and
determine the average
monitoring parameter
values over the 3-hour
performance test by
computing the average of
all of the 15-minute
readings.
14. Each flare used to comply with Assure that the flare The requirements of
the THC percent reduction or PM is operated and Sec. 63.11(b).
emission limits. maintained in
conformance with its
design.
----------------------------------------------------------------------------------------------------------------
\a\ For initial performance tests, as specified in Sec. 63.8686(b), you may request that data from a
previously-conducted emission test serve as documentation of conformance with the emission standards and
operating limits of this subpart.
\b\ Performance tests are not required if: (1) The emissions are routed to a boiler or process heater with a
design heat input capacity of 44 MW or greater; or (2) the emissions are introduced into the flame zone of a
boiler or process heater.
\c\ As an alternative to monitoring the pressure drop across the control device, owners or operators using an
ESP to achieve compliance with the emission limits specified in Table 1 to this subpart can monitor the
voltage to the ESP.
\d\ If you use ASTM D7520-16 in lieu of EPA test method 9, then you must comply with the conditions specified in
this footnote. During the digital camera opacity technique (DCOT) certification procedure outlined in Section
9.2 of ASTM D7520-16, you or the DCOT vendor must present the plumes in front of various backgrounds of color
and contrast representing conditions anticipated during field use such as blue sky, trees, and mixed
backgrounds (clouds and/or a sparse tree stand). You must also have standard operating procedures in place
including daily or other frequency quality checks to ensure the equipment is within manufacturing
specifications as outlined in Section 8.1 of ASTM D7520-16. You must follow the record keeping procedures
outlined in Sec. 63.10(b)(1) for the DCOT certification, compliance report, data sheets, and all raw
unaltered JPEGs used for opacity and certification determination. You or the DCOT vendor must have a minimum
of four (4) independent technology users apply the software to determine the visible opacity of the 300
certification plumes. For each set of 25 plumes, the user may not exceed 15 percent opacity of any one reading
and the average error must not exceed 7.5 percent opacity. This approval does not provide or imply a
certification or validation of any vendor's hardware or software. The onus to maintain and verify the
certification and/or training of the DCOT camera, software and operator in accordance with ASTM D7520-16 and
this letter is on the facility, DCOT operator, and DCOT vendor.
\e\ You may conduct two separate performance tests to establish the operating limits for pressure drop range
(i.e., one performance test to establish a minimum pressure drop operating limit and one performance test to
establish a maximum pressure drop operating limit); however, you may choose to establish either, or both, the
minimum and maximum pressure drop operating limits using the requirements of Sec. 63.8689(d) in lieu of the
requirements specified in this Table.
\f\ Incorporated by reference, see Sec. 63.14.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14553, Mar. 12, 2020]

Sec. Table 4 to Subpart LLLLL of Part 63--Initial and Continuous
Compliance With Emission Limitations

------------------------------------------------------------------------
For the following
emission You have demonstrated
For-- limitation-- initial compliance
if--
------------------------------------------------------------------------
1. Each blowing still, Group 1 a. Reduce total i. The total
asphalt loading rack, and hydrocarbon mass hydrocarbon
Group 1 asphalt storage tank, emissions by 95 emissions,
at existing, new, and percent or to a determined using the
reconstructed asphalt concentration of equations in Sec.
processing facilities. 20 ppmv, on a 63.8687 and the test
dry basis methods and
corrected to 3 procedures in Table
percent oxygen. 3 to this subpart,
over the period of
the performance test
are reduced by at
least 95 percent by
weight or to a
concentration of 20
ppmv, on a dry basis
corrected to 3
percent oxygen; and
ii. You have a record
of the average
control device
operating parameters
\a\ over the
performance test
during which
emissions were
reduced according to
1.a.i. of this
table.
b. Route the i. The combustion
emissions to a efficiency of the
combustion combustion device,
device achieving determined using the
a combustion equations in Sec.
efficiency of 63.8687 and the test
99.5 percent. methods and
procedures in Table
3 to this subpart,
over the period of
the performance test
is at least 99.5
percent; and
ii. You have a record
of the average
combustion zone
temperature \a\ and
carbon monoxide,
carbon dioxide, and
total hydrocarbon
outlet
concentrations over
the performance test
during which the
combustion
efficiency was at
least 99.5 percent.
c. Route the i. The THC
emissions to a destruction
combustion efficiency of the
device that does combustion device,
not use determined using the
auxiliary fuel equations in Sec.
achieving a THC 63.8687 and the test
destruction methods and
efficiency of procedures in Table
95.8 percent. 3 to this subpart,
over the period of
the performance test
is at least 95.8
percent; and
ii. You have a record
of the average
combustion zone
temperature \a\ and
carbon monoxide,
carbon dioxide, and
total hydrocarbon
outlet
concentrations over
the performance test
during which the THC
destruction
efficiency was at
least 95.8 percent.
d. Route You have a record of
emissions to a the boiler or
boiler or process heater
process heater design heat
with a design capacity.
heat input
capacity of 44
MW or greater.

[[Page 474]]

e. Introduce the You have a record
emissions into that shows the
the flame zone emissions are being
of a boiler or introduced into the
process heater. boiler or process
heater flame zone.
f. Route You have a record of
emissions to a the flare design and
flare meeting operating
the requirements requirements.
of Sec.
63.11(b).
2. Each coating mixer, a. Reduce total See 1.a.i. and ii. of
saturator (including wet hydrocarbon mass this table.
looper), coater, sealant emissions by 95
applicator, adhesive percent or to a
applicator, and Group 1 concentration of
asphalt storage tank at new 20 ppmv, on a
and reconstructed asphalt dry basis
roofing manufacturing lines. corrected to 3
percent oxygen.
b. Route the See 1.b.i. and ii. of
emissions to a this table.
combustion
device achieving
a combustion
efficiency of
99.5 percent.
c. Route the See 1.c.i. and ii. of
emissions to a this table.
combustion
device that does
not use
auxiliary fuel
achieving a THC
destruction
efficiency of
95.8 percent.
d. Route See 1.d. of this
emissions to a table.
boiler or
process heater
with a design
heat input
capacity of 44
MW or greater.
e. Introduce the See 1.e. of this
emissions into table.
the flame zone
of a boiler or
process heater.
f. Route See 1.f. of this
emissions to a table.
flare meeting
the requirements
of Sec.
63.11(b).
3. The total emissions from a. Limit PM i. The PM emissions,
the coating mixer, saturator emissions to determined using the
(including wet looper), 0.04 kg/Mg (0.08 equations in Sec.
coater, sealant applicator, lb/ton) of 63.8687 and the test
and adhesive applicator at asphalt shingle methods and
each existing asphalt roofing or mineral- procedures in Table
manufacturing line. surfaced roll 3 to this subpart,
roofing produced. over the period of
the performance test
are no greater than
the applicable
emission limitation;
and
ii. You have a record
of the average
control device \a\
or process
parameters over the
performance test
during which the
particulate matter
emissions were no
greater than the
applicable emission
limitation.
b. Limit PM See 3.a.i. and ii. of
emissions to 0.4 this table.
kg/Mg (0.8 lb/
ton) of
saturated felt
or smooth-
surfaced roll
roofing produced.
4. Each saturator (including a. Limit visible The visible
wet looper) and coater at an emissions from emissions, measured
existing, new, or the emissions using EPA test
reconstructed asphalt roofing capture system method 22 in
manufacturing line. to 20 percent of appendix A to part
any period of 60 of this chapter,
consecutive for any period of
valid consecutive valid
observations observations
totaling 60 totaling 60 minutes
minutes. do not exceed 20
percent.
b. Limit opacity The opacity, measured
emissions to 20 using EPA test
percent. method 9 in appendix
A to part 60 of this
chapter, for each of
the first 30 6-
minute averages does
not exceed 20
percent.
5. Each Group 2 asphalt Limit exhaust The opacity, measured
storage tank at existing, gases to 0 using EPA test
new, and reconstructed percent opacity. method 9 in appendix
asphalt processing facilities A to part 60 of this
and asphalt roofing chapter, for each of
manufacturing lines. the first 30 6-
minute averages does
not exceed 0
percent.
------------------------------------------------------------------------
\a\ If you use a CEMS or COMS to demonstrate compliance with the
emission limits, you are not required to record control device
operating parameters.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14554, Mar. 12, 2020]

[[Page 475]]

Sec. Table 5 to Subpart LLLLL of Part 63--Continuous Compliance With
Operating Limits \a\

------------------------------------------------------------------------
For the following You must demonstrate
For-- operating limit-- continuous compliance
by--
------------------------------------------------------------------------
1. Each non-flare combustion a. Maintain the 3- i. Passing the
device. \b\ hour \c\ average emissions through
combustion zone the control device;
temperature at and
or above the ii. Collecting the
operating limit combustion zone
establishing temperature data
during the according to Sec.
performance test. 63.8688(b); and
iii. Reducing
combustion zone
temperature data to
3-hour \c\ averages
according to
calculations in
Table 3 to this
subpart; and
iv. Maintaining the 3-
hour \c\ average
combustion zone
temperature within
the level
established during
the performance
test.
2. Each flare................. Meet the The flare pilot light
operating must be present at
requirements all times and the
specified in flare must be
Sec. 63.11(b). operating at all
times that emissions
may be vented to it.
3. Control devices used to a. Maintain the 3- i. Passing the
comply with the particulate hour c average emissions through
matter emission standards. inlet gas the control device;
temperature at and
or below the ii. Collecting the
operating limit inlet gas
established temperature and
during the pressure drop d data
performance according to Sec.
test; and. 63.8688(b) and (c);
and
b. Maintain the 3- iii. Reducing inlet
hour c average gas temperature and
pressure drop pressure drop d data
across device d to 3-hour c averages
within the according to
operating range calculations in
limits that were Table 3 to this
established subpart; and
pursuant to Sec.iv. Maintaining the 3-
63.8689(b) and/ hour c average inlet
or (d). gas temperature
within the level
established during
the performance
test; and
v. Maintaining the 3-
hour c average
pressure drop across
device d within the
level established
pursuant to Sec.
63.8689(b) and/or
(d).
4. Other control devices that a. Maintain the i. Passing the
are neither a combustion monitoring emissions through
device nor a control device parameters the devices;
used to comply with the within the ii. Collecting the
particulate matter emission operating limits monitoring parameter
standards. established data according to
during the Sec. 63.8688(d);
performance test. and
iii. Reducing the
monitoring parameter
data to 3-hour c
averages according
to calculations in
Table 3 to this
subpart; and
iv. Maintaining the
monitoring
parameters within
the level
established during
the performance
test.
------------------------------------------------------------------------
\a\ The operating limits specified in Table 2 to this subpart and the
requirements specified in Table 5 to this subpart are applicable if
you are monitoring control device operating parameters to demonstrate
continuous compliance. If you use a CEMS or COMS to demonstrate
compliance with the emission limits, you are not required to record
control device operating parameters. However, you must maintain
emissions below the value established during the initial performance
test. Data from the CEMS and COMS must be reduced as specified in Sec.
Sec. 63.8690 and 63.8(g)(1) through (4).
\b\ Continuous parameter monitoring is not required if (1) the emissions
are routed to a boiler or process heater with a with a design heat
input capacity of 44 MW or greater; or (2) the emissions are
introduced into the flame zone of a boiler or process heater.
\c\ A 15-minute averaging period can be used as an alternative to the 3-
hour averaging period for this parameter.
\d\ As an alternative to monitoring the pressure drop across the control
device, owners or operators using an ESP to achieve compliance with
the emission limits specified in Table 1 to this subpart can monitor
the voltage to the ESP. If this option is selected, the ESP voltage
must be maintained at or above the operating limit established during
the performance test.

[68 FR 24577, May 7, 2003, as amended at 70 FR 28365, May 17, 2005; 85
FR 14555, Mar. 12, 2020]

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

------------------------------------------------------------------------
The report must You must submit
You must submit-- contain-- the report--
------------------------------------------------------------------------
1. An initial notification.... The information in According to the
Sec. 63.9(b). requirements in
Sec. 63.9(b).
2. A notification of A written notification At least 60
performance test. of the intent to calendar days
conduct a performance before the
test. performance
test is
scheduled to
begin, as
required in
Sec. 63.9(e).
3. A notification of opacity A written notification According to the
and visible emission of the intent to requirements in
observations. conduct opacity and Sec. 63.9(f).
visible emission
observations.
4. Notification of compliance The information in According to the
status. Sec. 63.9(h)(2) requirements in
through (5), as Sec.Sec.
applicable. 63.8692(e) and
63.9(h)(2)
through (5), as
applicable.
5. A compliance report........ a. A statement that Semiannually
there were no according to
deviations from the the
emission limitations requirements in
during the reporting Sec.
period, if there are 63.8693(b).
no deviations from
any emission
limitations (emission
limit, operating
limit, opacity limit,
and visible emission
limit) that apply to
you.

[[Page 476]]

b. If there were no Semiannually
periods during which according to
the CPMS, CEMS, or the
COMS was out-of- requirements in
control as specified Sec.
in Sec. 63.8(c)(7), 63.8693(b).
a statement that
there were no periods
during which the
CPMS, CEMS, or COMS
was out-of-control
during the reporting
period.
c. If you have a Semiannually
deviation from any according to
emission limitation the
(emission limit, requirements in
operating limit, Sec.
opacity limit, and 63.8693(b).
visible emission
limit), the report
must contain the
information in Sec.
63.8693(c) and (d).
d. Before September 9, Semiannually
2020, if you had a according to
startup, shutdown or the
malfunction during requirements in
the reporting period Sec.
and you took actions 63.8693(b).
consistent with your
startup, shutdown,
and malfunction plan,
the compliance report
must include the
information in Sec.
63.10(d)(5)(i). On
and after September
9, 2020, this
paragraph no longer
applies.
6. An immediate startup, The information in By fax or
shutdown, and malfunction Sec.telephone
report if you have a startup, 63.10(d)(5)(ii). within 2
shutdown, or malfunction working days
during the reporting period after starting
before September 9, 2020, and actions
actions taken were not inconsistent
consistent with your startup, with the plan
shutdown, and malfunction followed by a
plan. On and after September letter within 7
9, 2020, this paragraph no working days
longer applies. after the end
of the event
unless you have
made
alternative
arrangements
with the
permitting
authority.
7. Performance test report.... The information in Within 60 days
Sec. 63.7. after
completion of
the performance
test according
to the
requirements in
Sec.
63.8693(f).
------------------------------------------------------------------------

[68 FR 24577, May 7, 2003, as amended at 85 FR 14555, Mar. 12, 2020]

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

[[Page 477]]

Sec. 63.6(c)(1)-(2)........ Compliance Dates for 1. Comply according to date Yes.
Existing Sources. in subpart, which must be
no later than 3 years
after effective date.
2. For section 112(f)
standards, comply within
90 days of effective date
unless compliance
extension has been granted.
Sec. 63.6(c)(3)-(4)........ [Reserved].................
Sec. 63.6(c)(5)............ Compliance Dates for Area sources that become Yes.
Existing Area Sources That major must comply with
Become Major. major source standards by
date indicated in subpart
or by equivalent time
period (for example, 3
years).
Sec. 63.6(d)............... [Reserved].................
Sec. 63.6(e)(1)(i)......... Operation & Maintenance.... Operate to minimize Yes before September 9,
emissions at all times. 2020. No on and after
September 9, 2020. See
Sec. 63.8685(b) for
general duty
requirement.
Sec. 63.6(e)(1)(ii)........ Operation & Maintenance.... Correct malfunctions as Yes before September 9,
soon as practicable. 2020. No on and after
September 9, 2020.
Sec. 63.6(e)(1)(iii)....... Operation & Maintenance.... Operation and maintenance Yes.
requirements independently
enforceable; information
Administrator will use to
determine if operation and
maintenance requirements
were met.
Sec. 63.6(e)(2)............ [Reserved].................
Sec. 63.6(e)(3)............ Startup, Shutdown, and 1. Requirement for SSM and Yes before September 9,
Malfunction (SSM) Plan startup, shutdown, 2020. No on and after
(SSMP). malfunction plan. September 9, 2020.
2. Content of SSMP.........
Sec. 63.6(f)(1)............ Compliance Except During You must comply with Yes before September 9,
SSM. emission standards at all 2020. No on and after
times except during SSM. September 9, 2020.
Sec. 63.6(f)(2)-(3)........ Methods for Determining Compliance based on Yes.
Compliance. performance test,
operation and maintenance
plans, records, inspection.
Sec. 63.6(g)(1)-(3)........ Alternative Nonopacity Procedures for getting an Yes.
Standard. alternative nonopacity
standard.
Sec. 63.6(h)............... Opacity/Visible Emission Requirements for opacity Yes.
(VE) Standards. and VE limits.
Sec. 63.6(h)(1)............ Compliance with Opacity/VE You must comply with Yes before September 9,
Standards. opacity/VE emission 2020. No on and after
limitations at all times September 9, 2020.
except during SSM.
Sec. 63.6(h)(2)(i)......... Determining Compliance with If standard does not state No. The test methods
Opacity/VE Standards. test method, use EPA test for opacity and
method 9, 40 CFR 60, visible emissions are
appendix A for opacity and specified in Sec.
EPA test method 22, 40 CFR 63.8687.
60, appendix A for VE.
Sec. 63.6(h)(2)(ii)........ [Reserved].................
Sec. 63.6(h)(2)(iii)....... Using Previous Tests to Criteria for when previous Yes.
Demonstrate Compliance opacity/VE testing can be
with Opacity/VE Standards. used to show compliance
with this rule.
Sec. 63.6(h)(3)............ [Reserved].................
Sec. 63.6(h)(4)............ Notification of Opacity/VE Must notify Administrator Yes.
Observation Date. of anticipated date of
observation.
Sec. 63.6(h)(5)(i), (iii)- Conducting Opacity/VE Dates and Schedule for Yes.
(v). Observations. conducting opacity/VE
observations.
Sec. 63.6(h)(5)(ii)........ Opacity Test Duration and Must have at least 3 hours Yes.
Averaging Times. of observation with thirty
6-minute averages.
Sec. 63.6(h)(6)............ Records of Conditions Must keep records available Yes.
During Opacity/VE and allow Administrator to
Observations. inspect.
Sec. 63.6(h)(7)(i)......... Report COMS Monitoring Data Must submit COMS data with Yes, if COMS used.
from Performance Test. other performance test
data.

[[Page 478]]

Sec. 63.6(h)(7)(ii)........ Using COMS instead of EPA Can submit COMS data Yes, if COMS used.
test method 9, 40 CFR 60, instead of EPA test method
appendix A. 9, 40 CFR 60, appendix A
results even if rule
requires EPA test method
9, 40 CFR 60, appendix A,
but must notify
Administrator before
performance test.
Sec. 63.6(h)(7)(iii)....... Averaging time for COMS To determine compliance, Yes, if COMS used.
during performance test. must reduce COMS data to 6-
minute averages.
Sec. 63.6(h)(7)(iv)........ COMS requirements.......... Owner/operator must Yes, if COMS used.
demonstrate that COMS
performance evaluations
are conducted according to
Sec. 63.8(e), COMS are
properly maintained and
operated according to Sec.
63.8(c) and data quality
as Sec. 63.8(d).
Sec. 63.6(h)(7)(v)......... Determining Compliance with COMS is probative but not Yes, if COMS used.
Opacity/VE Standards. conclusive evidence of
compliance with opacity
standard, even if EPA test
method 9, 40 CFR 60,
appendix A observation
shows otherwise.
Requirements for COMS to
be probative evidence,
proper maintenance,
meeting PS 1, and data
have not been altered.
Sec. 63.6(h)(8)............ Determining Compliance with Administrator will use all Yes.
Opacity/VE Standards. COMS, EPA test method 9,
40 CFR 60, appendix A, and
EPA test method 22, 40 CFR
60, appendix A results, as
well as information about
operation and maintenance
to determine compliance.
Sec. 63.6(h)(9)............ Adjusted Opacity Standard.. Procedures for Yes.
Administrator to adjust an
opacity standard.
Sec. 63.6(i)............... Compliance Extension....... Procedures and criteria for Yes.
Administrator to grant
compliance extension.
Sec. 63.6(j)............... Presidential Compliance President may exempt source Yes.
Exemption. category from requirement
to comply with rule.
Sec. 63.7(a)(1)-(2)........ Performance Test Dates..... Dates for conducting Yes.
initial performance
testing and other
compliance demonstrations.
Must conduct 180 days
after first subject to
rule.
Sec. 63.7(a)(3)............ Section 114 Authority...... Administrator may require a Yes.
performance test under CAA
section 114 at any time.
Sec. 63.7(b)(1)............ Notification of Performance Must notify Administrator Yes.
Test. 60 days before the test.
Sec. 63.7(b)(2)............ Notification of If rescheduling a Yes.
Rescheduling. performance test is
necessary, must notify
Administrator 5 days
before scheduled date of
rescheduled date.
Sec. 63.7(c)............... Quality Assurance/Test Plan 1. Requirement to submit Yes.
site-specific test plan 60
days before the test or on
date Administrator agrees
with:
2. Test plan approval
procedures.
3. Performance audit
requirements.
4. Internal and external QA
procedures for testing.
Sec. 63.7(d)............... Testing Facilities......... Requirements for testing Yes.
facilities
Sec. 63.7(e)(1)............ Conditions for Conducting 1. Performance tests must Yes before September 9,
Performance Tests. be conducted under 2020. No on and after
representative conditions. September 9, 2020. See
Cannot conduct performance Sec. 63.8687.
tests during SSM.
2. Not a violation to
exceed standard during SSM.
Sec. 63.7(e)(2)............ Conditions for Conducting Must conduct according to Yes.
Performance Tests. rule and EPA test methods
unless Administrator
approves alternative.
Sec. 63.7(e)(3)............ Test Run Duration.......... 1. Must have three test Yes.
runs of at least 1 hour
each.
2. Compliance is based on
arithmetic mean of three
runs.
3. Conditions when data
from an additional test
run can be used.

[[Page 479]]

Sec. 63.7(e)(4)............ Conduct of performance Administrator's authority Yes.
tests. to require testing under
section 114 of the Act.
Sec. 63.7(f)............... Alternative Test Method.... Procedures by which Yes.
Administrator can grant
approval to use an
alternative test method.
Sec. 63.7(g)............... Performance Test Data 1. Must include raw data in Yes.
Analysis. performance test report.
2. Must submit performance
test data 60 days after
end of test with the
Notification of Compliance
Status.
3. Keep data for 5 years...
Sec. 63.7(h)............... Waiver of Tests............ Procedures for Yes.
Administrator to waive
performance test.
Sec. 63.8(a)(1)............ Applicability of Monitoring Subject to all monitoring Yes.
Requirements. requirements in standard.
Sec. 63.8(a)(2)............ Performance Specifications. Performance Specifications Yes, if CEMS used.
in appendix B of part 60
apply.
Sec. 63.8(a)(3)............ [Reserved]
Sec. 63.8(a)(4)............ Monitoring with Flares..... Unless your rule says Yes.
otherwise, the
requirements for flares in
Sec. 63.11 apply.
Sec. 63.8(b)(1)............ Monitoring................. Must conduct monitoring Yes.
according to standard
unless Administrator
approves alternative.
Sec. 63.8(b)(2)-(3)........ Multiple Effluents and 1. Specific requirements Yes.
Multiple Monitoring for installing monitoring
Systems. systems.
2. Must install on each
effluent before it is
combined and before it is
released to the atmosphere
unless Administrator
approves otherwise.
3. If more than one
monitoring system on an
emission point, must
report all monitoring
system results, unless one
monitoring system is a
backup.
Sec. 63.8(c)(1)(i)......... Routine and predictable CMS 1. Keep parts for routine Yes before September 9,
malfunction. repairs readily available. 2020. No on and after
2. Reporting requirements September 9, 2020.
for CMS malfunction when
action is described in SSM
plan.
Sec. 63.8(c)(1)(ii)........ CMS malfunction not in SSP Keep the necessary parts Yes.
plan. for routine repairs if CMS.
Sec. 63.8(c)(1)(iii)....... Compliance with Operation Develop a written startup, Yes before September 9,
and Maintenance shutdown, and malfunction 2020. No on and after
Requirements. plan for CMS. September 9, 2020.
Sec. 63.8(c)(2)-(3)........ Monitoring System 1. Must install to get Yes.
Installation. representative emission
and parameter measurements.
2. Must verify operational
status before or at
performance test.
Sec. 63.8(c)(4)............ CMS Requirements........... CMS must be operating No; Sec. 63.8690
except during breakdown, specifies the CMS
out-of-control, repair, requirements.
maintenance, and high-
level calibration drifts.
Sec. 63.8(c)(4)(i)-(ii).... CMS Requirements........... 1. COMS must have a minimum Yes, if COMS used.
of one cycle of sampling
and analysis for each
successive 10-second
period and one cycle of
data recording for each
successive 6-minute period.
2. CEMS must have a minimum
of one cycle of operation
for each successive 15-
minute period.
Sec. 63.8(c)(5)............ COMS Minimum Procedures.... COMS minimum procedures Yes.
Sec. 63.8(c)(6)............ CMS Requirements........... Zero and High level No; Sec. 63.8688
calibration check specifies the CMS
requirements. requirements.
Sec. 63.8(c)(7)-(8)........ CMS Requirements........... Out-of-control periods, Yes.
including reporting.

[[Page 480]]

Sec. 63.8(d)............... CMS Quality Control........ 1. Requirements for CMS Yes.
quality control, including
calibration, etc.
2. Must keep quality
control plan on record for
the life of the affected
source.
3. Keep old versions for 5
years after revisions.
Sec. 63.8(e)............... CMS Performance Evaluation. Notification, performance No; Sec. 63.8688
evaluation test plan, specifies the CMS
reports. requirements.
Sec. 63.8(f)(1)-(5)........ Alternative Monitoring Procedures for Yes.
Method. Administrator to approve
alternative monitoring.
Sec. 63.8(f)(6)............ Alternative to Relative Procedures for Yes, if CEMS used.
Accuracy Test. Administrator to approve
alternative relative
accuracy tests for CEMS.
Sec. 63.8(g)(1)-(4)........ Data Reduction............. 1. COMS 6-minute averages Yes, if CEMS or COMS
calculated over at least used.
36 evenly spaced data
points.
2. CEMS 1-hour averages
computed over at least 4
equally spaced data points.
Sec. 63.8(g)(5)............ Data Reduction............. Data that cannot be used in No; Sec. 63.8690
computing averages for CMS. specifies the CMS
requirements.
Sec. 63.9(a)............... Notification Requirements.. Applicability and State Yes.
Delegation
Sec. 63.9(b)(1)-(5)........ Initial Notifications...... 1. Submit notification 120 Yes.
days after effective date.
2. Notification of intent
to construct/reconstruct;
notification of
commencement of construct/
reconstruct; notification
of startup.
3. Contents of each........
Sec. 63.9(c)............... Request for Compliance Can request if cannot Yes.
Extension. comply by date or if
installed Best Achievable
Control Technology (BACT)/
Lowest Achievable Emission
Rate (LAER).
Sec. 63.9(d)............... Notification of Special For sources that commence Yes.
Compliance Requirements construction between
for New Source. proposal and promulgation
and want to comply 3 years
after effective date.
Sec. 63.9(e)............... Notification of Performance Notify Administrator 60 Yes.
Test. days prior
Sec. 63.9(f)............... Notification of VE/Opacity Notify Administrator 30 Yes.
Test. days prior
Sec. 63.9(g)............... Additional Notifications 1. Notification of No; Sec. 63.8692
When Using CMS. performance evaluation. specifies the CMS
2. Notification using COMS notification
data. requirements.
3. Notification that the
criterion for use of
alternative to relative
accuracy testing was
exceeded.
Sec. 63.9(h)(1)-(6)........ Notification of Compliance 1. Contents. Yes.
Status. 2. Due 60 days after end of
performance test or other
compliance demonstration,
except for opacity/VE,
which are due 30 days
after.
3. When to submit to
Federal vs. State
authority.
Sec. 63.9(i)............... Adjustment of Submittal Procedures for Yes.
Deadlines. Administrator to approve
change in dates when
notifications must be
submitted.
Sec. 63.9(j)............... Change in Previous Must submit within 15 days Yes.
Information. after the change.
Sec. 63.10(a).............. Recordkeeping/Reporting.... 1. Applies to all, unless Yes.
compliance extension.
2. When to submit to
Federal vs. State
authority.
3. Procedures for owners of
more than 1 source.
Sec. 63.10(b)(1)........... Recordkeeping/Reporting.... 1. General Requirements.... Yes.
2. Keep all records readily
available..
3. Keep for 5 years........
Sec. 63.10(b)(2)(i)........ Records related to Startup Occurrence of each of Yes before September 9,
and Shutdown. operation (process 2020. No on and after
equipment). September 9, 2020.

[[Page 481]]

Sec. 63.10(b)(2)(ii)....... Recordkeeping Relevant to Occurrence of each Yes before September 9,
Malfunction Periods and malfunction of air 2020. No on and after
CMS. pollution equipment. September 9, 2020.
Sec. 63.10(b)(2)(iii)...... Recordkeeping Relevant to Maintenance on air Yes.
Maintenance of Air pollution control
Pollution Control and equipment.
Monitoring Equipment.
Sec. 63.10(b)(2)(iv)....... Recordkeeping Relevant to Actions during startup, Yes before September 9,
Startup, Shutdown, and shutdown, and malfunction. 2020. No on and after
Malfunction Periods and September 9, 2020.
CMS.
Sec. 63.10(b)(2)(v)........ Recordkeeping Relevant to Actions during startup, Yes before September 9,
Startup, Shutdown, and shutdown, and malfunction. 2020. No on and after
Malfunction Periods and September 9, 2020.
CMS.
Sec. 63.10(b)(2)(vi) and (x- CMS Records................ 1. Malfunctions, Yes.
xi). inoperative, out-of-
control.
2. Calibration checks......
3. Adjustments, maintenance
Sec. 63.10(b)(2)(vii)-(ix). Records.................... 1. Measurements to Yes.
demonstrate compliance
with emission limitations.
2. Performance test,
performance evaluation,
and visible emission
observation results.
3. Measurements to
determine conditions of
performance tests and
performance evaluations.
Sec. 63.10(b)(2)(xii)...... Records.................... Records when under waiver.. Yes
Sec. 63.10(b)(2)(xiii)..... Records.................... Records when using Yes.
alternative to relative
accuracy test.
Sec. 63.10(b)(2)(xiv)...... Records.................... All documentation Yes.
supporting Initial
Notification and
Notification of Compliance
Status.
Sec. 63.10(b)(3)........... Records.................... Applicability Yes.
determinations.
Sec. 63.10(c)(1)-(6), (9)- Records.................... Additional records for CMS. No; Sec. 63.8694
(15). specifies the CMS
recordkeeping
requirements.
Sec. 63.10(c)(7)-(8)....... Records.................... Records of excess emissions No; Sec. 63.8694
and parameter monitoring specifies the CMS
exceedances for CMS. recordkeeping
requirements.
Sec. 63.10(d)(1)........... General Reporting Requirement to report...... Yes.
Requirements.
Sec. 63.10(d)(2)........... Report of Performance Test When to submit to Federal Yes.
Results. or State authority.
Sec. 63.10(d)(3)........... Reporting Opacity or VE What to report and when.... Yes.
Observations.
Sec. 63.10(d)(4)........... Progress Reports........... Must submit progress Yes.
reports on schedule if
under compliance extension.
Sec. 63.10(d)(5)........... Startup, Shutdown, and Contents and submission.... Yes before September 9,
Malfunction Reports. 2020. No on and after
September 9, 2020.
Sec. 63.10(e)(1), (2)...... Additional CMS Reports..... 1. Must report results for Yes.
each CEM on a unit.
2. Written copy of
performance evaluation.
3. Three copies of COMS
performance evaluation.
Sec. 63.10(e)(3)........... Reports.................... Excess emission reports.... No; Sec. 63.8693
specifies the
reporting
requirements.
Sec. 63.10(e)(3)(i)-(iii).. Reports.................... Schedule for reporting No; Sec. 63.8693
excess emissions and specifies the
parameter monitor reporting
exceedances (now defined requirements.
as deviations).

[[Page 482]]

Sec. 63.10(e)(3)(iv)-(v)... Excess Emissions Reports... 1. Requirement to revert to No; Sec. 63.8693
the frequency specified in specifies the
the relevant standard if reporting
there is an excess requirements.
emissions and parameter
monitor exceedances (now
defined as deviations).
2. Provision to request
semiannual reporting after
compliance for one year.
3. Submit report by 30th
day following end of
quarter or calendar half.
4. If there has not been an
exceedance or excess
emission (now defined as
deviations), report
content is a statement
that there have been no
deviations.
Sec. 63.10(e)(3)(iv)-(v)... Excess Emissions Reports... Must submit report No; Sec. 63.8693
containing all of the specifies the
information in Sec.reporting
63.10(c)(5)(13), Sec.requirements.
63.8(c)(7)-(8).
Sec. 63.10(e)(3)(vi)-(viii) Excess Emissions Report and 1. Requirements for No; Sec. 63.8693
Summary Report. reporting excess emissions specifies the
for CMS (now called reporting
deviations). requirements.
2. Requires all of the
information in Sec.
63.10(c)(5)(13), Sec.
63.8(c)(7)-(8).
Sec. 63.10(e)(4)........... Reporting COMS data........ Must submit COMS data with Yes, if COMS used.
performance test data.
Sec. 63.10(f).............. Waiver for Recordkeeping/ Procedures for Yes.
Reporting. Administrator to waive.
Sec. 63.11................. Flares..................... Requirements for flares.... Yes.
Sec. 63.12................. Delegation................. State authority to enforce Yes.
standards.
Sec. 63.13................. Addresses.................. Addresses where reports, Yes.
notifications, and
requests are sent.
Sec. 63.14................. Incorporation by Reference. Test methods incorporated Yes.
by reference.
Sec. 63.15................. Availability of Information Public and confidential Yes.
information.
----------------------------------------------------------------------------------------------------------------

[68 FR 24577, May 7, 2003, as amended at 71 FR 20469, Apr. 20, 2006; 85
FR 14556, Mar. 12, 2020]

Subpart MMMMM_National Emission Standards for Hazardous Air Pollutants:
Flexible Polyurethane Foam Fabrication Operations

Source: 68 FR 18070, Apr. 14, 2003, unless otherwise noted.

What This Subpart Covers

Sec.63.8780 What is the purpose of this subpart?

This subpart establishes national emission standards for hazardous
air pollutants (NESHAP) emitted from flexible polyurethane foam
fabrication operations. This subpart also establishes requirements to
demonstrate initial and continuous compliance with the emission
standards.

Sec.63.8782 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a flexible
polyurethane foam fabrication plant site that operates a flame
lamination affected source, as defined at Sec.63.8784(b)(2), and that
is located at, or is part of a major emission source of hazardous air
pollutants (HAP) or that operates a loop slitter affected source, as
defined at Sec.63.8784(b)(1), that meets the criteria in paragraphs
(a)(1) and (2) of this section.
(1) The loop slitter affected source uses one or more HAP-based
adhesives at any time on or after April 14, 2003.
(2) The loop slitter affected source is located at or is part of a
major source of HAP.
(b) A flexible polyurethane foam fabrication plant site is a plant
site where pieces of flexible polyurethane foam are bonded together or
to other substrates using HAP-based adhesives or flame lamination.
(c) A major source of HAP is a plant site that emits or has the
potential to

[[Page 483]]

emit any single HAP at a rate of 10 tons or more per year or any
combination of HAP at a rate of 25 tons or more per year.
(d) This subpart does not apply to the following processes in
paragraphs (d)(1) and (2) of this section:
(1) Processes that produce flexible polyurethane or rebond foam as
defined in subpart III of this part.
(2) A research and development facility, as defined in section
112(c)(7) of the Clean Air Act (CAA).

Sec.63.8784 What parts of my plant does this subpart cover?

(a) This subpart applies to each existing, new, or reconstructed
affected source at facilities engaged in flexible polyurethane foam
fabrication.
(b) The affected sources are defined in this section in paragraphs
(b)(1) and (2) of this section.
(1) The loop slitter adhesive use affected source is the collection
of all loop slitters and associated adhesive application equipment used
to apply HAP-based adhesives to bond foam to foam at a flexible
polyurethane foam fabrication plant site.
(2) The flame lamination affected source is the collection of all
flame lamination lines associated with the flame lamination of foam to
any substrate at a flexible polyurethane foam fabrication plant site.
(c)(1) A new affected source is one that commences construction
after August 8, 2001 and meets the applicability criteria of Sec.
63.8782 at the time construction commences.
(2) If you add one or more flame lamination lines at a plant site
where flame lamination lines already exist, the added line(s) shall be a
new affected source and meet new source requirements if the added
line(s) has the potential to emit 10 tons per year or more of any HAP or
25 tons or more per year of any combination of HAP.
(d) A reconstructed affected source is one that commences
reconstruction after August 8, 2001 and meets the criteria for
reconstruction as defined in Sec.63.2.
(e) For each new or reconstructed flame lamination affected source,
you must develop a written startup, shutdown, and malfunction plan
according to the provisions in Sec.63.6(e)(3).

[68 FR 18070, Apr. 14, 2003, as amended at 71 FR 20470, Apr. 20, 2006]

Sec.63.8786 When do I have to comply with this subpart?

(a) If you have a new or reconstructed affected source, you must
comply with this subpart according to paragraphs (a)(1) and (2) of this
section.
(1) If you start up your new or reconstructed affected source before
April 14, 2003, then you must comply with the emission standards for new
or reconstructed sources in this subpart no later than April 14, 2003.
(2) If you start up your new or reconstructed affected source on or
after April 14, 2003, then you must comply with the emission standards
for new or reconstructed sources in this subpart upon startup of your
affected source.
(b) If you have an existing loop slitter affected source, you must
comply with the emission standards for existing sources no later than 1
year after April 14, 2003.
(c) If you have an area source that increases its emissions or its
potential to emit such that it becomes a major source of HAP and an
affected source subject to this subpart, the provisions in paragraphs
(c)(1) and (2) of this section apply.
(1) A new affected source as specified at Sec.63.8784(c) or a
reconstructed affected source as specified at Sec.63.8784(d) must be
in compliance with this subpart upon startup.
(2) An existing affected source as specified at Sec.63.8784(e)
must be in compliance with this subpart no later than 1 year after the
date on which the area source became a major source.
(d) You must meet the notification requirements in Sec.63.8816
according to the schedule in Sec.63.8816 and in subpart A of this
part. Some of the notifications must be submitted before you are
required to comply with the emission standards in this subpart.
(e) If you have a loop slitter affected source, you must have data
on hand beginning on the compliance date specified in paragraph (b) of
this section as necessary to demonstrate that your adhesives are not
HAP-based. The types

[[Page 484]]

of data necessary are described in Sec. Sec.63.8802 and 63.8810.

Emission Limitations

Sec.63.8790 What emission limitations must I meet?

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

General Compliance Requirements

Sec.63.8794 What are my general requirements for complying
with this subpart?

(a) For each loop slitter adhesive use affected source, you must be
in compliance with the requirements in this subpart at all times.
(b) For each new or reconstructed flame lamination affected source,
you must be in compliance with the requirements in this subpart at all
times, except during periods of startup, shutdown, and malfunction.
(c) You must always operate and maintain your affected source,
including air pollution control and monitoring equipment, according to
the provisions in Sec.63.6(e)(1)(i).
(d) During the period between the compliance date specified for your
new or reconstructed flame lamination affected source in Sec.63.8786,
and the date upon which continuous compliance monitoring systems have
been installed and verified and any applicable operating limits have
been set, you must maintain a log detailing the operation and
maintenance of the process and emissions control equipment.
(e) For each new or reconstructed flame lamination affected source,
you must develop a written startup, shutdown, and malfunction plan
according to the provisions in Sec.63.6(e)(3).
(f) For each monitoring system required in this section for new or
reconstructed flame lamination sources, you must develop and submit for
approval a site-specific monitoring plan that addresses the requirements
in paragraphs (f)(1) through (3) of this section.
(1) Installation of the continuous monitoring system (CMS) sampling
probe or other interface at a measurement location relative to each
affected process unit such that the measurement is representative of
control of the exhaust emissions (e.g., on or downstream of the last
control device);
(2) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer,
and the data collection and reduction system; and
(3) Performance evaluation procedures and acceptance criteria (e.g.,
calibrations).
(g) In your site-specific monitoring plan, you must also address the
ongoing procedures specified in paragraphs (g)(1) through (3) of this
section.
(1) Ongoing operation and maintenance procedures in accordance with
the general requirements of Sec. Sec.63.8(c)(1), (3), (4)(ii), (7),
and (8), and 63.8804;
(2) Ongoing data quality assurance procedures in accordance with the
general requirements of Sec.63.8(d); and
(3) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec.63.10(c), (e)(1), and (e)(2)(i).

[68 FR 18070, Apr. 14, 2003, as amended at 71 FR 20470, Apr. 20, 2006]

Testing and Initial Compliance Requirements

Sec.63.8798 By what date must I conduct performance tests or other
initial compliance demonstrations?

(a) For each loop slitter affected source, you must conduct the
initial compliance demonstration by the compliance date that is
specified for your source in Sec.63.8786.
(b) For each new or reconstructed flame lamination affected source,
you must conduct performance tests within 180 calendar days after the
compliance date that is specified for your source in Sec.63.8786 and
according to the provisions in Sec.63.7(a)(2).

Sec.63.8800 What performance tests and other procedures must I use
to demonstrate compliance with the emission limit for flame
lamination?

(a) You must conduct each performance test in Table 3 to this
subpart that applies to you.

[[Page 485]]

(b) Each performance test must be conducted according to the
requirements in Sec.63.7(e)(1) and under the specific conditions in
Table 3 to this subpart.
(c) You may not conduct performance tests during periods of startup,
shutdown, or malfunction, as specified in Sec.63.7(e)(1).
(d) You must conduct at least three separate test runs for each
performance test required in this section, as specified in Sec.
63.7(e)(3). Each test run must last at least 1 hour.
(e) You must determine the percent reduction of HAP emissions during
the performance test according to paragraphs (e)(1) through (3) of this
section.
(1) If you use chlorinated fire retardant foams, determine the
percent reduction of HCl to represent HAP emissions from the source. If
you do not use chlorinated fire retardant foams, determine the percent
reduction of HCN to represent HAP emissions from the source.
(2) Calculate the concentration of HAP at the control device inlet
and at the control device outlet using the procedures in the specified
test method.
(3) Compare the calculated HAP concentration at the control device
inlet to the calculated HAP concentration at the control device outlet
to determine the percent reduction over the period of the performance
test, using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14AP03.000

Where:

R = Efficiency of control device, percent.
Einlet,i = HAP concentration of control device inlet stream
for test run i, mg/dscm.
Eoutlet,i = HAP concentration of control device outlet stream
for test run i, mg/dscm.
n = Number of runs conducted for the performance test.

(f) You must also meet the requirements in paragraphs (f)(1) and (2)
of this section.
(1) Conduct the performance tests using foams that are
representative of foams typically used at your flame lamination affected
source. If you use foams containing chlorinated fire retardants, you
must conduct the performance tests using these foams.
(2) Establish all applicable operating limits that correspond to the
control system efficiency as described in Table 3 to this subpart.

Sec.63.8802 What methods must I use to demonstrate compliance with
the emission limitation for loop slitter adhesive use?

(a) Determine the HAP content for each material used. To determine
the HAP content for each material used in your foam fabrication
operations, you must use one of the options in paragraphs (a)(1) through
(3) of this section. If you use the option in paragraph (a)(3) of this
section, you are subject to the provisions of paragraph (a)(4) of this
section.
(1) Method 311 (appendix A to 40 CFR part 63). You may use Method
311 for determining the mass fraction of HAP. Use the procedures
specified in paragraphs (a)(1)(i) and (ii) of this section when
determining HAP content by Method 311.
(i) Include in the HAP total each HAP that is measured to be present
at 0.1 percent by mass or more for Occupational Safety and Health
Administration (OSHA)-defined carcinogens as specified in 29 CFR
1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds.
For example, if toluene (not an OSHA carcinogen) is measured to be 0.5
percent of the material by mass, you do not need to include it in the
HAP total. Express the mass fraction of each HAP you measure as a value
truncated to four places after the decimal point (for example, 0.1234).
(ii) Calculate the total HAP content in the test material by adding
up the individual HAP contents and truncating the result to three places
after the decimal point (for example, 0.123).
(2) Alternative method. You may use an alternative test method for
determining mass fraction of HAP if you obtain prior approval by the
Administrator. You must follow the procedure in Sec.63.7(f) to submit
an alternative test method for approval.
(3) Information from the supplier or manufacturer of the material.
You may

[[Page 486]]

rely on information other than that generated by the test methods
specified in paragraphs (a)(1) and (2) of this section to determine the
mass fraction of HAP according to paragraphs (a)(3)(i) and (ii) of this
section. This information may include, but is not limited to, a material
safety data sheet (MSDS), a certified product data sheet (CPDS), or a
manufacturer's hazardous air pollutant data sheet.
(i) Include in the HAP total each HAP that is present at 0.1 percent
by mass or more for OSHA-defined carcinogens as specified in 29 CFR
1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds.
For example, if toluene (not an OSHA carcinogen) is 0.5 percent of the
material by mass, you do not have to include it in the HAP total.
(ii) If the HAP content is provided by the material supplier or
manufacturer as a range, then you must use the upper limit of the range
for determining compliance.
(4) Verification of supplier or manufacturer information. Although
you are not required to perform testing to verify the information
obtained according to paragraph (a)(3) of this section, the
Administrator may require a separate measurement of the total HAP
content using the methods specified in paragraph (a)(1) or (2) of this
section. If this measurement exceeds the total HAP content provided by
the material supplier or manufacturer, then you must use the measured
HAP content to determine compliance.
(b) [Reserved]

Sec.63.8806 How do I demonstrate initial compliance with the emission
limitations?

(a) You must demonstrate initial compliance with each emission limit
that applies to you according to Table 4 to this subpart.
(b) You must establish each site-specific operating limit in Table 2
to this subpart that applies to you according to the requirements in
Sec.63.8800 and Table 3 to this subpart.
(c) You must submit the Notification of Compliance Status containing
the results of the initial compliance demonstration according to the
requirements in Sec.63.8816(e) through (h).

Continuous Compliance Requirements

Sec.63.8810 How do I monitor and collect data to demonstrate
continuous compliance?

(a) If you own or operate a loop slitter adhesive use affected
source, you must meet the requirements in paragraphs (a)(1) and (2) of
this section.
(1) Maintain a list of each adhesive and the manufacturer or
supplier of each.
(2) Maintain a record of EPA Method 311 (appendix A to 40 CFR part
63), approved alternative method, or other reasonable means of HAP
content determinations indicating the mass percent of each HAP for each
adhesive.
(b) If you own or operate a new or reconstructed flame lamination
affected source, you must meet the requirements in paragraphs (b)(1)
through (3) of this section if you use a scrubber, or paragraph (b)(4)
of this section if you use any other control device.
(1) Keep records of the daily average scrubber inlet liquid flow
rate.
(2) Keep records of the daily average scrubber effluent pH.
(3) If you use a venturi scrubber, keep records of daily average
pressure drop across the venturi.
(4) Keep records of operating parameter values for each operating
parameter that applies to you.
(c) If you own or operate a new or reconstructed flame lamination
affected source, you must meet the requirements in paragraphs (c)(1)
through (4) of this section.
(1) Except for periods of monitoring malfunctions, associated
repairs, and required quality assurance or control activities
(including, as applicable, calibration checks and required zero and span
adjustments), you must monitor continuously (or collect data at all
required intervals) at all times that the affected source is operating.
This includes periods of startup, shutdown, and malfunction when the
affected source is operating. A monitoring malfunction includes, but is
not limited to, any sudden, infrequent, not reasonably preventable
failure of the monitoring device to provide valid data. Monitoring
failures that are caused by poor maintenance or careless operation are
not malfunctions.

[[Page 487]]

(2) In data average calculations and calculations used to report
emission or operating levels, you may not use data recorded during
monitoring malfunctions, associated repairs, or recorded during required
quality assurance or control activities. Nor may such data be used in
fulfilling any applicable minimum data availability requirement. You
must use all the data collected during all other periods in assessing
the operation of the control device and associated control system.
(3) You must conduct a performance evaluation of each CMS in
accordance with your site-specific monitoring plan.
(4) You must operate and maintain the CMS in continuous operation
according to the site-specific monitoring plan.

Sec.63.8812 How do I demonstrate continuous compliance with the
emission limitations?

(a) You must demonstrate continuous compliance with each emission
limit and operating limit in Tables 1 and 2 to this subpart that applies
to you according to the methods specified in Table 5 to this subpart.
(b) You must report each instance in which you did not meet each
emission limit and each operating limit in Tables 1 and 2 to this
subpart that apply to you. For new or reconstructed flame lamination
affected sources, this includes periods of startup, shutdown, and
malfunction. These instances are deviations from the operating limits in
this subpart. These deviations must be reported according to the
requirements in Sec.63.8818.
(c) [Reserved]
(d) Consistent with Sec. Sec.63.6(e) and 63.7(e)(1), deviations
that occur at a new or reconstructed flame lamination affected source
during a period of startup, shutdown, or malfunction are not violations
if you demonstrate to the Administrator's satisfaction that you were
operating in accordance with Sec.63.6(e)(1). The Administrator will
determine whether deviations that occur at a new or reconstructed flame
lamination affected source during a period of startup, shutdown, or
malfunction are violations, according to the provisions in Sec.
63.6(e).
(e) You also must meet the following requirements if you are
complying with the adhesive use ban for loop slitter adhesive use
described in Sec.63.8790(a).
(1) If, after you submit the Notification of Compliance Status, you
use an adhesive for which you have not previously verified percent HAP
mass using the methods in Sec.63.8802, you must verify that each
adhesive used in the affected source meets the emission limit, using any
of the methods in Sec.63.8802.
(2) You must update the list of all the adhesives used at the
affected source.
(3) With the compliance report for the reporting period during which
you used the new adhesive, you must submit the updated list of all
adhesives and a statement certifying that, as purchased, each adhesive
used at the affected source during the reporting period met the emission
limit in Table 1 to this subpart.

[68 FR 18070, Apr. 14, 2003, as amended at 71 FR 20470, Apr. 20, 2006]

Notification, Reports, and Records

Sec.63.8816 What notifications must I submit and when?

(a) You must submit all of the notifications in Sec. Sec.63.7(b)
and (c), 63.8(f), and 63.9(b) through (h) that apply to you.
(b) If you own or operate an existing loop slitter or flame
lamination affected source, submit an initial notification no later than
120 days after April 14, 2003.
(c) If you own or operate a new or reconstructed loop slitter or
flame lamination affected source, submit the application for
construction or reconstruction required by Sec.63.9(b)(1)(iii) in lieu
of the initial notification.
(d) If you own or operate a new or reconstructed flame lamination
affected source, submit a notification of intent to conduct a
performance test at least 60 calendar days before the performance test
is scheduled to begin, as required in Sec.63.7(b)(1).
(e) If you own or operate a loop slitter affected source, submit a
Notification of Compliance Status according to Sec.63.9(h)(2)(ii)
within 60 days of the compliance date specified in Sec.63.8786.

[[Page 488]]

(f) If you own or operate a new or reconstructed flame lamination
affected source, submit a Notification of Compliance Status according to
Sec.63.9(h)(2)(ii) that includes the results of the performance test
conducted according to the requirements in Table 3 to this subpart. You
must submit the notification before the close of business on the 60th
calendar day following the completion of the performance test according
to Sec.63.10(d)(2).
(g) For each new or reconstructed flame lamination affected source,
the Notification of Compliance Status must also include the information
in paragraphs (g)(1) and (2) that applies to you.
(1) The operating parameter value averaged over the full period of
the performance test (for example, average pH).
(2) The operating parameter range within which HAP emissions are
reduced to the level corresponding to meeting the applicable emission
limits in Table 1 to this subpart.
(h) For each loop slitter adhesive use affected source, the
Notification of Compliance Status must also include the information
listed in paragraphs (h)(1) and (2) of this section.
(1) A list of each adhesive used at the affected source, its HAP
content (percent by mass), and the manufacturer or supplier of each.
(2) A statement certifying that each adhesive that was used at the
affected source during the reporting period met the emission limit in
Table 1 to this subpart.

Sec.63.8818 What reports must I submit and when?

(a) You must submit each report in Table 6 to this subpart that
applies to you.
(b) Unless the Administrator has approved a different schedule for
submission of reports under Sec.63.10(a), you must submit each
compliance report for new or reconstructed flame lamination affected
sources semiannually according to paragraphs (b)(1) through (4) of this
section.
(1) The first compliance report must cover the period beginning on
the compliance date that is specified for your affected source in Sec.
63.8786 and ending on June 30 or December 31, whichever date is the
first date following the end of the first calendar half after the
compliance date that is specified for your source in Sec.63.8786.
(2) The first compliance report must be postmarked or delivered no
later than July 31 or January 31, whichever date follows the end of the
first calendar half after the compliance date that is specified for your
affected source in Sec.63.8786.
(3) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
(4) Each subsequent compliance report must be postmarked or
delivered no later than July 31 or January 31, whichever date is the
first date following the end of the semiannual reporting period.
(c) For each loop slitter adhesive use affected source, you may
submit annual compliance reports in place of semiannual reports.
(d) For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the
permitting authority has established dates for submitting semiannual
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance
reports according to the dates the permitting authority has established
instead of according to the dates in paragraphs (b)(1) through (4) of
this section.
(e) The compliance report must contain the information in paragraphs
(e)(1) through (5) of this section.
(1) Company name and address.
(2) Statement by a responsible official with that official's name,
title, and signature, certifying the truth, accuracy and completeness of
the content of the report.
(3) Date of report and beginning and ending dates of the reporting
period.
(4) If there are no deviations from any emission limitations
(emission limit or operating limit) that applies to you, a statement
that there were no deviations from the emission limitations during the
reporting period.

[[Page 489]]

(5) For each deviation from an emission limitation that occurs, the
compliance report must contain the information specified in paragraphs
(e)(5)(i) through (iii) of this section.
(i) The total operating time of each affected source during the
reporting period.
(ii) Information on the number, duration, and cause of deviations
(including unknown cause, if applicable), as applicable, and the
corrective action taken.
(iii) Information on the number, duration, and cause for continuous
parameter monitoring system (CPMS) downtime incidents, if applicable,
other than downtime associated with zero and span and other daily
calibration checks.
(f) The compliance report for a new or reconstructed flame
lamination affected source must also contain the following information
in paragraphs (f)(1) through (3) of this section.
(1) If you had a startup, shutdown or malfunction at your new or
reconstructed flame lamination affected source during the reporting
period and you took actions consistent with your startup, shutdown, and
malfunction plan, the compliance report must include the information in
Sec.63.10(d)(5)(i).
(2) If there were no periods during which the CPMS was out-of-
control in accordance with the monitoring plan, a statement that there
were no periods during which the CPMS was out-of-control during the
reporting period.
(3) If there were periods during which the CPMS was out-of-control
in accordance with the monitoring plan, the date, time, and duration of
each out-of-control period.
(g) The compliance report for a loop slitter adhesive use affected
source must also contain the following information in paragraphs (g)(1)
and (2) of this section.
(1) For each annual reporting period during which you use an
adhesive that was not included in the list submitted with the
Notification of Compliance Status in Sec.63.8816(h) (1), an updated
list of all adhesives used at the affected source.
(2) A statement certifying that each adhesive that was used at the
affected source during the reporting period met the emission limit in
Table 1 to this subpart.
(h) Each affected source that has obtained a title V operating
permit pursuant to 40 CFR part 70 or 40 CFR part 71 must report all
deviations as defined in this subpart in the semiannual monitoring
report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A). If an affected source submits a compliance report
pursuant to Table 6 to this subpart along with, or as part of, the
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40
CFR 71.6(a)(3)(iii)(A), and the compliance report includes all required
information concerning deviations from any emission limitation
(including any operating limit) in this subpart, submission of the
compliance report shall be deemed to satisfy any obligation to report
the same deviations in the semiannual monitoring report. However,
submission of a compliance report shall not otherwise affect any
obligation the affected source may have to report deviations from permit
requirements to the permit authority.
(i) For each startup, shutdown, or malfunction during the reporting
period where the source does not meet the emission limitations set out
in Sec.63.8790 that occurs at a new or reconstructed flame lamination
affected source and that is not consistent with your startup, shutdown,
and malfunction plan, you must submit an immediate startup, shutdown and
malfunction report.
(1) An initial report containing a description of the actions taken
for the event must be submitted by fax or telephone within 2 working
days after starting actions inconsistent with the plan.
(2) A followup report containing the information listed in Sec.
63.10(d)(5)(ii) must be submitted within 7 working days after the end of
the event unless you have made alternative reporting arrangements with
the permitting authority.

Sec.63.8820 What records must I keep?

(a) You must keep a copy of each notification and report that you
submit to comply with this subpart, including

[[Page 490]]

all documentation supporting any Initial Notification or Notification of
Compliance Status that you submitted, according to the requirements in
Sec.63.10(b)(2)(xiv).
(b) For each new or reconstructed flame lamination affected source,
you must also keep the following records specified in paragraphs (b)(1)
through (4) of this section.
(1) The records in Sec.63.6(e)(3)(iii) through (v) related to
startup, shutdown, and malfunction.
(2) Records of performance tests, as required in Sec.
63.10(b)(2)(viii).
(3) Records of operating parameter values.
(4) Records of the date and time that each deviation started and
stopped and whether the deviation occurred during a period of startup,
shutdown, or malfunction or during another period.
(c) For each loop slitter adhesive use affected source, you must
keep the following records specified in paragraphs (c)(1) and (2) of
this section.
(1) A list of each adhesive and the manufacturer or supplier of
each.
(2) A record of EPA Method 311 (appendix A to 40 CFR part 63),
approved alternative method, or other reasonable means of determining
the mass percent of total HAP for each adhesive used at the affected
source.

Sec.63.8822 In what form and how long must I keep my records?

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

Other Requirements and Information

Sec.63.8826 What parts of the General Provisions apply to me?

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

Sec.63.8828 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by us, the U.S.
Environmental Protection Agency (U.S. EPA), or a delegated authority
such as your State, local, or tribal agency. If the U.S. EPA
Administrator has delegated authority to your State, local, or tribal
agency, then that agency, in addition to the U.S. EPA, has the authority
to implement and enforce this subpart. You should contact your U.S. EPA
Regional Office to find out if implementation and enforcement of this
subpart is delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraph (c) of this section
are retained by the Administrator of U.S. EPA and are not transferred to
the State, local, or tribal agency.
(c) The authorities in paragraphs (c)(1) through (4) that cannot be
delegated to State, local, or tribal agencies are as follows:
(1) Approval of alternatives to requirements in Sec. Sec.63.8780,
63.8782, 63.8784, 63.8786, and 63.8790.
(2) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec.63.90.
(3) Approval of major alternatives to monitoring under Sec.63.8(f)
and as defined in Sec.63.90.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec.63.10(f) and as defined in Sec.63.90.

Sec.63.8830 What definitions apply to this subpart?

Terms used in this subpart are defined in the CAA, in 40 CFR 63.2,
and in this section as follows:
Adhesive means any chemical substance that is applied for the
purpose

[[Page 491]]

of bonding foam to foam, foam to fabric, or foam to any other substrate,
other than by mechanical means. Products used on humans and animals,
adhesive tape, contact paper, or any other product with an adhesive
incorporated onto it in an inert substrate shall not be considered
adhesives under this subpart.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limitation (including
any operating limit); or
(2) Fails to meet any term or condition that is adopted to implement
an applicable requirement in this subpart and that is included in the
operating permit for any affected source required to obtain such a
permit; or
(3) Fails to meet any emission limitation (including any operating
limit) in this subpart during startup, shutdown, or malfunction,
regardless of whether or not such failure is permitted by this subpart.
Emission limitation means any emission limit or operating limit.
Flame lamination means the process of bonding flexible foam to one
or more layers of material by heating the foam surface with an open
flame.
Flame lamination line means the flame laminator and associated
rollers.
HAP-based adhesive means an adhesive containing 5 percent (by
weight) or more of HAP, according to EPA Method 311 (appendix A to 40
CFR part 63) or another approved alternative.
Loop slitter means a machine used to create thin sheets of foam from
the large blocks of foam or ``buns'' created at a slabstock flexible
polyurethane foam production plant.
Research and development process means a laboratory or pilot plant
operation 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 which is not engaged
in the manufacture of products for commercial sale, except in a de
minimis manner.
Responsible official means responsible official as defined in 40 CFR
70.2.

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

As stated in Sec.63.8790(a), you must comply with the emission
limits in the following table:

------------------------------------------------------------------------
For . . . You must . . .
------------------------------------------------------------------------
1. Each existing, new, or reconstructed Not use any HAP-based
loop slitter adhesive use affected adhesives.
source.
2. Each new or reconstructed flame Reduce HAP emissions by 90
lamination affected source. percent.
3. Each existing flame lamination There are no emission limits
affected sources. for existing flame lamination
sources. However, you must
submit an initial notification
per Sec. 63.8816(b).
------------------------------------------------------------------------

Sec. Table 2 to Subpart MMMMM of Part 63--Operating Limits for New or
Reconstructed Flame Lamination Affected Sources

As stated in Sec.63.8790(b), you must comply with the operating
limits in the following table:

------------------------------------------------------------------------
For each . . . You must . . .
------------------------------------------------------------------------
1. Scrubber............................. a. Maintain the daily average
scrubber inlet liquid flow
rate above the minimum value
established during the
performance test.
b. Maintain the daily average
scrubber effluent pH within
the operating range value
established during the
performance test.
c. If you use a venturi
scrubber, maintain the daily
average pressure drop across
the venturi within the
operating range value
established during the
performance test.
2. Other type of control device to which Maintain your operating
flame lamination emissions are ducted. parameter(s) within the
ranges established during the
performance test and
according to your monitoring
plan.
------------------------------------------------------------------------

[[Page 492]]

Sec. Table 3 to Subpart MMMMM of Part 63--Performance Test Requirements
for New or Reconstructed Flame Lamination Affected Sources

As stated in Sec.63.8800, you must comply with the requirements
for performance tests for new or reconstructed flame lamination affected
sources in the following table using the requirements in rows 1 through
5 of the table if you are measuring HCl and using a scrubber, row 6 if
you are measuring HCN and using a scrubber, and row 7 if you are using
any other control device.

----------------------------------------------------------------------------------------------------------------
For each new or reconstructed flame
lamination affected source, you must . . Using . . . According to the following requirements .
. . .
----------------------------------------------------------------------------------------------------------------
1. Select sampling port's location and Method 1 or 1A in appendix Sampling sites must be located at the
the number of traverse ports. A to part 60 of this inlet and outlet of the scrubber and
chapter. prior to any releases to the atmosphere.
2. Determine velocity................... Method 2, 2A, 2C, 2D, 2F,
or 2G in appendix A to
part 60 of this chapter.
3. Determine gas molecular weight....... Not applicable............. Assume a molecular weight of 29 (after
moisture correction) for calculation
purposes.
4. Measure moisture content of the stack Method 4 in appendix A to
gas. part 60 of this chapter.
5. Measure HCl concentration if you use a. Method 26A in appendix A i. Measure total HCl emissions and
chlorinated fire retardants in the to part 60 of this chapter. determine the reduction efficiency of
laminated foam. the control device using Method 26A.
ii. Collect scrubber liquid flow rate,
scrubber effluent pH, and pressure drop
(pressure drop data only required for
venturi scrubbers) every 15 minutes
during the entire duration of each 1-
hour test run, and determine the average
scrubber liquid flow rate, scrubber
effluent pH, and pressure drop (pressure
drop data only required for Venturi
scrubbers) over the period of the
performance test by computing the
average of all of the 15-minute
readings.
6. Measure HCN concentration if you do a. A method approved by the i. Conduct the performance test according
not use chlorinated fire retardants in Administrator. to the site-specific test plan submitted
the laminated foam. according to Sec. 63.7(c)(2)(i).
Measure total HCN emissions and
determine the reduction efficiency of
the control device. Any performance test
which measures HCN concentrations must
be submitted for the administrator's
approval prior to testing. You must use
EPA Method 301 (40 CFR part 63, Appendix
A) to validate your method.
ii. Collect scrubber liquid flow rate,
scrubber effluent pH, and pressure drop
(pressure drop data only required for
venturi scrubbers) every 15 minutes
during the entire duration of each 1-
hour test run, and determine the average
scrubber liquid flow rate, scrubber
effluent pH, and pressure drop (pressure
drop data only required for venturi
scrubbers) over the period of the
performance test by computing the
average of all of the 15-minute
readings.
7. Determine control device efficiency a. EPA-approved methods and i. Conduct the performance test according
and establish operating parameter data from the continuous to the site-specific test plan submitted
limits with which you will demonstrate parameter monitoring according to Sec. 63.7(c)(2)(i).
continuous compliance with the emission system. ii. Collect operating parameter data as
limit that applies to the source if you specified in the site-specific test
use any control device other than a plan.
scrubber.
----------------------------------------------------------------------------------------------------------------

Sec. Table 4 to Subpart MMMMM of Part 63--Initial Compliance With
Emission Limits

As stated in Sec.63.8806, you must comply with the requirements to
demonstrate initial compliance with the applicable emission limits in
the following table:

------------------------------------------------------------------------
You have
For . . . For the following demonstrated initial
emission limit . . . compliance if . . .
------------------------------------------------------------------------
1. Each new, reconstructed, Eliminate use of HAP- You do not use HAP-
or existing loop slitter based adhesives. based adhesives.
adhesive use affected
source.
2. Each new or reconstructed Reduce HAP emissions The average HAP
flame lamination affected by 90 percent. emissions, measured
source using a scrubber. over the period of
the performance
test(s), are
reduced by 90
percent.

[[Page 493]]

3. Each new or reconstructed Reduce HAP emissions The average HAP
flame lamination affected by 90 percent. emissions, measured
source using any other over the period of
control device emissions by. the performance
test(s), are
reduced by 90
percent.
------------------------------------------------------------------------

Sec. Table 5 to Subpart MMMMM of Part 63--Continuous Compliance With
Emission Limits and Operating Limits

As stated in Sec.63.8812(a), you must comply with the requirements
to demonstrate continuous compliance with the applicable emission limits
or operating limits in the following table:

------------------------------------------------------------------------
For the following You must demonstrate
emission limits or continuous
For . . . operating limits . . compliance by . . .
.
------------------------------------------------------------------------
1. Each new, reconstructed, Eliminate use of HAP- Not using HAP-based
or existing loop slitter based adhesives. adhesives.
affected source.
2. Each new or reconstructed a. Maintain the i. Collecting the
flame lamination affected daily average scrubber inlet
source using a scrubber. scrubber inlet liquid flow rate
liquid flow rate and effluent pH
above the minimum monitoring data
value established according to Sec.
during the 63.8804(a) through
performance. (c).
b. Maintain the ii. Reducing the
daily average data to 1-hour and
scrubber effluent daily block
pH within the averages according
operating range to the requirements
established during in Sec.
the performance 63.8804(a).
test. iii. Maintaining
c. Maintain the each daily average
daily average scrubber inlet
pressure drop liquid flow rate
across the venturi above the minimum
within the value established
operating range during the
established during performance test.
the performance iv. Maintaining the
test. If you use daily average
another type of scrubber effluent
scrubber (e.g., pH within the
packed bed or spray operating range
tower scrubber), established during
monitoring pressure the performance
drop is not test.
required. v. If you use a
venturi scrubber,
maintaining the
daily average
pressure drop
across the venturi
within the
operating range
established during
the performance
test.
3. Each new or reconstructed a. Maintain the i. Collected the
flame lamination affected daily average operating parameter
source using any other operating data according to
control device. parameters above the site-specific
the minimum value test plan.
established during ii. Reducing the
the performance data to one-hour
test, or within the averages according
range established to the requirements
during the in Sec.
performance test, 63.8804(a).
as applicable. iii. Maintaining the
daily average
during the rate
above the minimum
value established
during the
performance test,
or within the range
established during
the performance
test, as
applicable.
------------------------------------------------------------------------

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

As stated in Sec.63.8818(a), you must submit a compliance report
that includes the information in Sec.63.8818(e) through (g) as well as
the information in the following table. Rows 1 and 3 of the following
table apply to loop slitter affected sources. Rows 1 through 5 apply to
flame lamination affected sources. You must also submit startup,
shutdown, and malfunction reports according to the requirements in the
following table if you own or operate a new or reconstructed flame
lamination affected source.

------------------------------------------------------------------------
Then you must submit a report
If . . . or statement that . . .
------------------------------------------------------------------------
1. There are no deviations from any There were no deviations from
emission limitations that apply to you. the emission limitations
during the reporting period.
2. There were no periods during which There were no periods during
the operating parameter monitoring which the CPMS were out-of-
systems were out-of-control in control during the reporting
accordance with the monitoring plan. period.
3. There was a deviation from any Contains the information in
emission limitation during the Sec. 63.8818(e)(5).
reporting period.
4. There were periods during which the Contains the information in
operating parameter monitoring systems Sec. 63.8818(f)(3).
were out-of-control in information in
accordance with the monitoring plan.

[[Page 494]]

5. There was a startup, shutdown, or Contains the information in
malfunction where the source did not Sec. 63.8818(i).
meet the emission limitations set out
in Sec. 63.8790 at a new or
reconstructed flame lamination
affected source during the reporting
period that is not consistent with
your startup, shutdown, and
malfunction plan..
------------------------------------------------------------------------

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

As stated in Sec.63.8826, you must comply with the applicable
General Provisions requirements according to the following table:

----------------------------------------------------------------------------------------------------------------
Citation Requirement Applies to subpart MMMMM Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1..................... Initial applicability Yes.
determination;
applicability after
standard established;
permit requirements;
extensions;
notifications.
Sec. 63.2..................... Definitions........... Yes............................ Additional
definitions are
found in Sec.
63.8830.
Sec. 63.3..................... Units and Yes.
abbreviations.
Sec. 63.4..................... Prohibited activities; Yes.
compliance date;
circumvention,
severability.
Sec. 63.5..................... Construction/ Yes.
reconstruction
applicability;
applications;
approvals.
Sec. 63.6(a).................. Compliance with Yes.
standards and
maintenance
requirements-
applicability.
Sec. 63.6(b)(1)-(4)........... Compliance dates for Yes............................ Sec. 63.8786
new or reconstructed specifies compliance
sources. dates.
Sec. 63.6(b)(5)............... Notification if Yes.
commenced
construction or
reconstruction after
proposal.
Sec. 63.6(b)(6)............... [Reserved]............ Yes.
Sec. 63.6(b)(7)............... Compliance dates for Yes............................ Sec. 63.8786
new or reconstructed specifies compliance
area sources that dates.
become major.
Sec. 63.6(c)(1)-(2)........... Compliance dates for Yes............................ Sec. 63.8786
existing sources. specifies compliance
dates.
Sec. 63.6(c)(3)-(4)........... [Reserved]............ Yes.
Sec. 63.6(c)(5)............... Compliance dates for Yes............................ Sec. 63.8786
existing area sources specifies compliance
that become major. dates.
Sec. 63.6(d).................. [Reserved]............ Yes.
Sec. 63.6(e)(1)............... Operation and Yes.
maintenance
requirements.
Sec. 63.6(e)(2)............... [Reserved]............ Yes.
Sec. 63.6(e)(3)............... Startup, shutdown, and Yes............................ Only applies to new
malfunction plans. or reconstructed
flame lamination
affected sources.
Sec. 63.6(f)(1)............... Compliance except Yes............................ Only applies to new
during SSM. or reconstructed
flame lamination
affected sources.
Sec. 63.6(f)(2)-(3)........... Methods for Yes.
determining
compliance.
Sec. 63.6(g).................. Use of an alternative Yes.
nonopacity emission
standard.
Sec. 63.6(h).................. Compliance with No............................. Subpart MMMMM does
opacity/visible not specify opacity
emission standards. or visible emission
standards.
Sec. 63.6(i).................. Extension of Yes.
compliance with
emission standards.
Sec. 63.6(j).................. Presidential Yes.
compliance exemption.
Sec. 63.7(a)(1)-(2)........... Performance test dates Yes............................ Except for loop
slitter affected
sources as specified
in Sec.
63.8798(a).

[[Page 495]]

Sec. 63.7(a)(3)............... Administrator's Yes.
section 114 authority
to require a
performance test.
Sec. 63.7(b).................. Notification of Yes.
performance test and
rescheduling.
Sec. 63.7(c).................. Quality assurance Yes.
program and site-
specific test plans.
Sec. 63.7(d).................. Performance testing Yes.
facilities.
Sec. 63.7(e)(1)............... Conditions for Yes.
conducting
performance tests.
Sec. 63.7(f).................. Use of an alternative Yes.
test method.
Sec. 63.7(g).................. Performance test data Yes.
analysis,
recordkeeping, and
reporting.
Sec. 63.7(h).................. Waiver of performance Yes.
tests.
Sec. 63.8(a)(1)-(2)........... Applicability of Yes............................ Unless otherwise
monitoring specified, all of
requirements. Sec. 63.8 applies
only to new or
reconstructed flame
lamination sources.
Additional
monitoring
requirements for
these sources are
found in Sec.Sec.
63.8794(f) and (g)
and 63.8804.
Sec. 63.8(a)(3)............... [Reserved]............ Yes.
Sec. 63.8(a)(4)............... Monitoring with flares No............................. Subpart MMMMM does
not refer directly
or indirectly to
Sec. 63.11.
Sec. 63.8(b).................. Conduct of monitoring Yes.
and procedures when
there are multiple
effluents and
multiple monitoring
systems.
Sec. 63.8(c)(1)-(3)........... Continuous monitoring Yes............................ Applies as modified
system (CMS) by Sec. 63.8794(f)
operation and and (g).
maintenance.
Sec. 63.8(c)(4)............... Continuous monitoring Yes............................ Applies as modified
system requirements by Sec.
during breakdown, out- 63.8794(g).
of-control, repair,
maintenance, and high-
level calibration
drifts.
Sec. 63.8(c)(5)............... Continuous opacity No............................. Subpart MMMMM does
monitoring system not have opacity or
(COMS) minimum visible emission
procedures. standards.
Sec. 63.8(c)(6)............... Zero and high level Yes............................ Applies as modified
calibration checks. by Sec.
63.8794(f).
Sec. 63.8(c)(7)-(8)........... Out-of-control Yes.
periods, including
reporting.
Sec. 63.8(d)-(e).............. Quality control No............................. Applies as modified
program and CMS by Sec. 63.8794(f)
performance and (g).
evaluation.
Sec. 63.8(f)(1)-(5)........... Use of an alternative Yes.
monitoring method.
Sec. 63.8(f)(6)............... Alternative to No............................. Only applies to
relative accuracy sources that use
test. continuous emissions
monitoring systems
(CEMS).
Sec. 63.8(g).................. Data reduction........ Yes............................ Applies as modified
by Sec.
63.8794(g).
Sec. 63.9(a).................. Notification Yes.
requirements--applica
bility.
Sec. 63.9(b).................. Initial notifications. Yes............................ Except Sec.
63.8816(c) requires
new or reconstructed
affected sources to
submit the
application for
construction or
reconstruction
required by Sec.
63.9(b)(1)(iii) in
lieu of the initial
notification.
Sec. 63.9(c).................. Request for compliance Yes.
extension.
Sec. 63.9(d).................. Notification that a Yes.
new source is subject
to special compliance
requirements.
Sec. 63.9(e).................. Notification of Yes.
performance test.
Sec. 63.9(f).................. Notification of No............................. Subpart MMMMM does
visible emissions/ not have opacity or
opacity test. visible emission
standards.

[[Page 496]]

Sec. 63.9(g)(1)............... Additional CMS Yes.
notifications--date
of CMS performance
evaluation.
Sec. 63.9(g)(2)............... Use of COMS data...... No............................. Subpart MMMMM does
not require the use
of COMS.
Sec. 63.9(g)(3)............... Alternative to No............................. Applies only to
relative accuracy sources with CEMS.
testing.
Sec. 63.9(h).................. Notification of Yes.
compliance status.
Sec. 63.9(i).................. Adjustment of Yes.
submittal deadlines.
Sec. 63.9(j).................. Change in previous Yes.
information.
Sec. 63.10(a)................. Recordkeeping/ Yes.
reporting
applicability.
Sec. 63.10(b)(1).............. General recordkeeping Yes............................ Sec.Sec. 63.8820
requirements. and 63.8822 specify
additional
recordkeeping
requirements.
Sec. 63.10(b)(2)(i)-(xi)...... Records related to Yes............................ Only applies to new
startup, shutdown, or reconstructed
and malfunction flame lamination
periods and CMS. affected sources.
Sec. 63.10(b)(2)(xii)......... Records when under Yes.
waiver.
Sec. 63.10(b)(2)(xiii)........ Records when using No............................. Applies only to
alternative to sources with CEMS.
relative accuracy
test.
Sec. 63.10(b)(2)(xiv)......... All documentation Yes
supporting initial
notification and
notification of
compliance status.
Sec. 63.10(b)(3).............. Recordkeeping Yes.
requirements for
applicability
determinations.
Sec. 63.10(c)................. Additional Yes............................ Applies as modified
recordkeeping by Sec.
requirements for 63.8794(g).
sources with CMS.
Sec. 63.10(d)(1).............. General reporting Yes............................ Sec. 63.8818
requirements. specifies additional
reporting
requirements.
Sec. 63.10(d)(2).............. Performance test Yes .....................
results.
Sec. 63.10(d)(3).............. Opacity or visible No............................. Subpart MMMMM does
emissions not specify opacity
observations. or visible emission
standards.
Sec. 63.10(d)(4).............. Progress reports for Yes. .....................
sources with
compliance extensions.
Sec. 63.10(d)(5).............. Startup, shutdown, and Yes............................ Only applies to new
malfunction reports. or reconstructed
flame lamination
affected sources.
Sec. 63.10(e)(1).............. Additional CMS Yes............................ Applies as modified
reports--general. by Sec.
63.8794(g).
Sec. 63.10(e)(2)(i)........... Results of CMS Yes............................ Applies as modified
performance by Sec.
evaluations. 63.8794(g).
Sec. 63.10(e)(2).............. Results of continuous No............................. Subpart MMMMM does
opacity monitoring require the use of
systems performance COMS.
evaluations.
Sec. 63.10(e)(3).............. Excess emissions/CMS Yes............................ Only applies to new
performance reports. or reconstructed
flame lamination
affected sources.
Sec. 63.10(e)(4).............. Continuous opacity No............................. Subpart MMMMM does
monitoring system not require the use
data reports. of COMS.
Sec. 63.10(f)................. Recordkeeping/ Yes .....................
reporting waiver.
Sec. 63.11.................... Control device No............................. Facilities subject to
requirements--applica subpart MMMMM do not
bility. use flares as
control devices.
Sec. 63.12.................... State authority and Yes............................ Sec. 63.8828 lists
delegations. those sections of
subparts MMMMM and A
that are not
delegated.
Sec. 63.13.................... Addresses............. Yes. .....................
Sec. 63.14.................... Incorporation by Yes............................ Subpart MMMMM does
reference. not incorporate any
material by
reference.
Sec. 63.15.................... Availability of Yes.
information/
confidentiality..
----------------------------------------------------------------------------------------------------------------

[[Page 497]]

FINDING AIDS

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

A list of CFR titles, subtitles, chapters, subchapters and parts and
an alphabetical list of agencies publishing in the CFR are included in
the CFR Index and Finding Aids volume to the Code of Federal Regulations
which is published separately and revised annually.

Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected

[[Page 499]]

Table of CFR Titles and Chapters

(Revised as of July 1, 2020)

Title 1--General Provisions

I Administrative Committee of the Federal Register
(Parts 1--49)
II Office of the Federal Register (Parts 50--299)
III Administrative Conference of the United States (Parts
300--399)
IV Miscellaneous Agencies (Parts 400--599)
VI National Capital Planning Commission (Parts 600--699)

Title 2--Grants and Agreements

Subtitle A--Office of Management and Budget Guidance
for Grants and Agreements
I Office of Management and Budget Governmentwide
Guidance for Grants and Agreements (Parts 2--199)
II Office of Management and Budget Guidance (Parts 200--
299)
Subtitle B--Federal Agency Regulations for Grants and
Agreements
III Department of Health and Human Services (Parts 300--
399)
IV Department of Agriculture (Parts 400--499)
VI Department of State (Parts 600--699)
VII Agency for International Development (Parts 700--799)
VIII Department of Veterans Affairs (Parts 800--899)
IX Department of Energy (Parts 900--999)
X Department of the Treasury (Parts 1000--1099)
XI Department of Defense (Parts 1100--1199)
XII Department of Transportation (Parts 1200--1299)
XIII Department of Commerce (Parts 1300--1399)
XIV Department of the Interior (Parts 1400--1499)
XV Environmental Protection Agency (Parts 1500--1599)
XVIII National Aeronautics and Space Administration (Parts
1800--1899)
XX United States Nuclear Regulatory Commission (Parts
2000--2099)
XXII Corporation for National and Community Service (Parts
2200--2299)
XXIII Social Security Administration (Parts 2300--2399)
XXIV Department of Housing and Urban Development (Parts
2400--2499)
XXV National Science Foundation (Parts 2500--2599)
XXVI National Archives and Records Administration (Parts
2600--2699)

[[Page 500]]

XXVII Small Business Administration (Parts 2700--2799)
XXVIII Department of Justice (Parts 2800--2899)
XXIX Department of Labor (Parts 2900--2999)
XXX Department of Homeland Security (Parts 3000--3099)
XXXI Institute of Museum and Library Services (Parts 3100--
3199)
XXXII National Endowment for the Arts (Parts 3200--3299)
XXXIII National Endowment for the Humanities (Parts 3300--
3399)
XXXIV Department of Education (Parts 3400--3499)
XXXV Export-Import Bank of the United States (Parts 3500--
3599)
XXXVI Office of National Drug Control Policy, Executive
Office of the President (Parts 3600--3699)
XXXVII Peace Corps (Parts 3700--3799)
LVIII Election Assistance Commission (Parts 5800--5899)
LIX Gulf Coast Ecosystem Restoration Council (Parts 5900--
5999)

Title 3--The President

I Executive Office of the President (Parts 100--199)

Title 4--Accounts

I Government Accountability Office (Parts 1--199)

Title 5--Administrative Personnel

I Office of Personnel Management (Parts 1--1199)
II Merit Systems Protection Board (Parts 1200--1299)
III Office of Management and Budget (Parts 1300--1399)
IV Office of Personnel Management and Office of the
Director of National Intelligence (Parts 1400--
1499)
V The International Organizations Employees Loyalty
Board (Parts 1500--1599)
VI Federal Retirement Thrift Investment Board (Parts
1600--1699)
VIII Office of Special Counsel (Parts 1800--1899)
IX Appalachian Regional Commission (Parts 1900--1999)
XI Armed Forces Retirement Home (Parts 2100--2199)
XIV Federal Labor Relations Authority, General Counsel of
the Federal Labor Relations Authority and Federal
Service Impasses Panel (Parts 2400--2499)
XVI Office of Government Ethics (Parts 2600--2699)
XXI Department of the Treasury (Parts 3100--3199)
XXII Federal Deposit Insurance Corporation (Parts 3200--
3299)
XXIII Department of Energy (Parts 3300--3399)
XXIV Federal Energy Regulatory Commission (Parts 3400--
3499)
XXV Department of the Interior (Parts 3500--3599)
XXVI Department of Defense (Parts 3600--3699)

[[Page 501]]

XXVIII Department of Justice (Parts 3800--3899)
XXIX Federal Communications Commission (Parts 3900--3999)
XXX Farm Credit System Insurance Corporation (Parts 4000--
4099)
XXXI Farm Credit Administration (Parts 4100--4199)
XXXIII U.S. International Development Finance Corporation
(Parts 4300--4399)
XXXIV Securities and Exchange Commission (Parts 4400--4499)
XXXV Office of Personnel Management (Parts 4500--4599)
XXXVI Department of Homeland Security (Parts 4600--4699)
XXXVII Federal Election Commission (Parts 4700--4799)
XL Interstate Commerce Commission (Parts 5000--5099)
XLI Commodity Futures Trading Commission (Parts 5100--
5199)
XLII Department of Labor (Parts 5200--5299)
XLIII National Science Foundation (Parts 5300--5399)
XLV Department of Health and Human Services (Parts 5500--
5599)
XLVI Postal Rate Commission (Parts 5600--5699)
XLVII Federal Trade Commission (Parts 5700--5799)
XLVIII Nuclear Regulatory Commission (Parts 5800--5899)
XLIX Federal Labor Relations Authority (Parts 5900--5999)
L Department of Transportation (Parts 6000--6099)
LII Export-Import Bank of the United States (Parts 6200--
6299)
LIII Department of Education (Parts 6300--6399)
LIV Environmental Protection Agency (Parts 6400--6499)
LV National Endowment for the Arts (Parts 6500--6599)
LVI National Endowment for the Humanities (Parts 6600--
6699)
LVII General Services Administration (Parts 6700--6799)
LVIII Board of Governors of the Federal Reserve System
(Parts 6800--6899)
LIX National Aeronautics and Space Administration (Parts
6900--6999)
LX United States Postal Service (Parts 7000--7099)
LXI National Labor Relations Board (Parts 7100--7199)
LXII Equal Employment Opportunity Commission (Parts 7200--
7299)
LXIII Inter-American Foundation (Parts 7300--7399)
LXIV Merit Systems Protection Board (Parts 7400--7499)
LXV Department of Housing and Urban Development (Parts
7500--7599)
LXVI National Archives and Records Administration (Parts
7600--7699)
LXVII Institute of Museum and Library Services (Parts 7700--
7799)
LXVIII Commission on Civil Rights (Parts 7800--7899)
LXIX Tennessee Valley Authority (Parts 7900--7999)
LXX Court Services and Offender Supervision Agency for the
District of Columbia (Parts 8000--8099)
LXXI Consumer Product Safety Commission (Parts 8100--8199)
LXXIII Department of Agriculture (Parts 8300--8399)

[[Page 502]]

LXXIV Federal Mine Safety and Health Review Commission
(Parts 8400--8499)
LXXVI Federal Retirement Thrift Investment Board (Parts
8600--8699)
LXXVII Office of Management and Budget (Parts 8700--8799)
LXXX Federal Housing Finance Agency (Parts 9000--9099)
LXXXIII Special Inspector General for Afghanistan
Reconstruction (Parts 9300--9399)
LXXXIV Bureau of Consumer Financial Protection (Parts 9400--
9499)
LXXXVI National Credit Union Administration (Parts 9600--
9699)
XCVII Department of Homeland Security Human Resources
Management System (Department of Homeland
Security--Office of Personnel Management) (Parts
9700--9799)
XCVIII Council of the Inspectors General on Integrity and
Efficiency (Parts 9800--9899)
XCIX Military Compensation and Retirement Modernization
Commission (Parts 9900--9999)
C National Council on Disability (Parts 10000--10049)
CI National Mediation Board (Part 10101)

Title 6--Domestic Security

I Department of Homeland Security, Office of the
Secretary (Parts 1--199)
X Privacy and Civil Liberties Oversight Board (Parts
1000--1099)

Title 7--Agriculture

Subtitle A--Office of the Secretary of Agriculture
(Parts 0--26)
Subtitle B--Regulations of the Department of
Agriculture
I Agricultural Marketing Service (Standards,
Inspections, Marketing Practices), Department of
Agriculture (Parts 27--209)
II Food and Nutrition Service, Department of Agriculture
(Parts 210--299)
III Animal and Plant Health Inspection Service, Department
of Agriculture (Parts 300--399)
IV Federal Crop Insurance Corporation, Department of
Agriculture (Parts 400--499)
V Agricultural Research Service, Department of
Agriculture (Parts 500--599)
VI Natural Resources Conservation Service, Department of
Agriculture (Parts 600--699)
VII Farm Service Agency, Department of Agriculture (Parts
700--799)
VIII Agricultural Marketing Service (Federal Grain
Inspection Service, Fair Trade Practices Program),
Department of Agriculture (Parts 800--899)

[[Page 503]]

IX Agricultural Marketing Service (Marketing Agreements
and Orders; Fruits, Vegetables, Nuts), Department
of Agriculture (Parts 900--999)
X Agricultural Marketing Service (Marketing Agreements
and Orders; Milk), Department of Agriculture
(Parts 1000--1199)
XI Agricultural Marketing Service (Marketing Agreements
and Orders; Miscellaneous Commodities), Department
of Agriculture (Parts 1200--1299)
XIV Commodity Credit Corporation, Department of
Agriculture (Parts 1400--1499)
XV Foreign Agricultural Service, Department of
Agriculture (Parts 1500--1599)
XVI [Reserved]
XVII Rural Utilities Service, Department of Agriculture
(Parts 1700--1799)
XVIII Rural Housing Service, Rural Business-Cooperative
Service, Rural Utilities Service, and Farm Service
Agency, Department of Agriculture (Parts 1800--
2099)
XX [Reserved]
XXV Office of Advocacy and Outreach, Department of
Agriculture (Parts 2500--2599)
XXVI Office of Inspector General, Department of Agriculture
(Parts 2600--2699)
XXVII Office of Information Resources Management, Department
of Agriculture (Parts 2700--2799)
XXVIII Office of Operations, Department of Agriculture (Parts
2800--2899)
XXIX Office of Energy Policy and New Uses, Department of
Agriculture (Parts 2900--2999)
XXX Office of the Chief Financial Officer, Department of
Agriculture (Parts 3000--3099)
XXXI Office of Environmental Quality, Department of
Agriculture (Parts 3100--3199)
XXXII Office of Procurement and Property Management,
Department of Agriculture (Parts 3200--3299)
XXXIII Office of Transportation, Department of Agriculture
(Parts 3300--3399)
XXXIV National Institute of Food and Agriculture (Parts
3400--3499)
XXXV Rural Housing Service, Department of Agriculture
(Parts 3500--3599)
XXXVI National Agricultural Statistics Service, Department
of Agriculture (Parts 3600--3699)
XXXVII Economic Research Service, Department of Agriculture
(Parts 3700--3799)
XXXVIII World Agricultural Outlook Board, Department of
Agriculture (Parts 3800--3899)
XLI [Reserved]
XLII Rural Business-Cooperative Service and Rural Utilities
Service, Department of Agriculture (Parts 4200--
4299)

[[Page 504]]

Title 8--Aliens and Nationality

I Department of Homeland Security (Parts 1--499)
V Executive Office for Immigration Review, Department of
Justice (Parts 1000--1399)

Title 9--Animals and Animal Products

I Animal and Plant Health Inspection Service, Department
of Agriculture (Parts 1--199)
II Agricultural Marketing Service (Federal Grain
Inspection Service, Fair Trade Practices Program),
Department of Agriculture (Parts 200--299)
III Food Safety and Inspection Service, Department of
Agriculture (Parts 300--599)

Title 10--Energy

I Nuclear Regulatory Commission (Parts 0--199)
II Department of Energy (Parts 200--699)
III Department of Energy (Parts 700--999)
X Department of Energy (General Provisions) (Parts
1000--1099)
XIII Nuclear Waste Technical Review Board (Parts 1300--
1399)
XVII Defense Nuclear Facilities Safety Board (Parts 1700--
1799)
XVIII Northeast Interstate Low-Level Radioactive Waste
Commission (Parts 1800--1899)

Title 11--Federal Elections

I Federal Election Commission (Parts 1--9099)
II Election Assistance Commission (Parts 9400--9499)

Title 12--Banks and Banking

I Comptroller of the Currency, Department of the
Treasury (Parts 1--199)
II Federal Reserve System (Parts 200--299)
III Federal Deposit Insurance Corporation (Parts 300--399)
IV Export-Import Bank of the United States (Parts 400--
499)
V (Parts 500--599) [Reserved]
VI Farm Credit Administration (Parts 600--699)
VII National Credit Union Administration (Parts 700--799)
VIII Federal Financing Bank (Parts 800--899)
IX (Parts 900--999)[Reserved]
X Bureau of Consumer Financial Protection (Parts 1000--
1099)
XI Federal Financial Institutions Examination Council
(Parts 1100--1199)
XII Federal Housing Finance Agency (Parts 1200--1299)
XIII Financial Stability Oversight Council (Parts 1300--
1399)

[[Page 505]]

XIV Farm Credit System Insurance Corporation (Parts 1400--
1499)
XV Department of the Treasury (Parts 1500--1599)
XVI Office of Financial Research (Parts 1600--1699)
XVII Office of Federal Housing Enterprise Oversight,
Department of Housing and Urban Development (Parts
1700--1799)
XVIII Community Development Financial Institutions Fund,
Department of the Treasury (Parts 1800--1899)

Title 13--Business Credit and Assistance

I Small Business Administration (Parts 1--199)
III Economic Development Administration, Department of
Commerce (Parts 300--399)
IV Emergency Steel Guarantee Loan Board (Parts 400--499)
V Emergency Oil and Gas Guaranteed Loan Board (Parts
500--599)

Title 14--Aeronautics and Space

I Federal Aviation Administration, Department of
Transportation (Parts 1--199)
II Office of the Secretary, Department of Transportation
(Aviation Proceedings) (Parts 200--399)
III Commercial Space Transportation, Federal Aviation
Administration, Department of Transportation
(Parts 400--1199)
V National Aeronautics and Space Administration (Parts
1200--1299)
VI Air Transportation System Stabilization (Parts 1300--
1399)

Title 15--Commerce and Foreign Trade

Subtitle A--Office of the Secretary of Commerce (Parts
0--29)
Subtitle B--Regulations Relating to Commerce and
Foreign Trade
I Bureau of the Census, Department of Commerce (Parts
30--199)
II National Institute of Standards and Technology,
Department of Commerce (Parts 200--299)
III International Trade Administration, Department of
Commerce (Parts 300--399)
IV Foreign-Trade Zones Board, Department of Commerce
(Parts 400--499)
VII Bureau of Industry and Security, Department of
Commerce (Parts 700--799)
VIII Bureau of Economic Analysis, Department of Commerce
(Parts 800--899)
IX National Oceanic and Atmospheric Administration,
Department of Commerce (Parts 900--999)
XI National Technical Information Service, Department of
Commerce (Parts 1100--1199)

[[Page 506]]

XIII East-West Foreign Trade Board (Parts 1300--1399)
XIV Minority Business Development Agency (Parts 1400--
1499)
Subtitle C--Regulations Relating to Foreign Trade
Agreements
XX Office of the United States Trade Representative
(Parts 2000--2099)
Subtitle D--Regulations Relating to Telecommunications
and Information
XXIII National Telecommunications and Information
Administration, Department of Commerce (Parts
2300--2399) [Reserved]

Title 16--Commercial Practices

I Federal Trade Commission (Parts 0--999)
II Consumer Product Safety Commission (Parts 1000--1799)

Title 17--Commodity and Securities Exchanges

I Commodity Futures Trading Commission (Parts 1--199)
II Securities and Exchange Commission (Parts 200--399)
IV Department of the Treasury (Parts 400--499)

Title 18--Conservation of Power and Water Resources

I Federal Energy Regulatory Commission, Department of
Energy (Parts 1--399)
III Delaware River Basin Commission (Parts 400--499)
VI Water Resources Council (Parts 700--799)
VIII Susquehanna River Basin Commission (Parts 800--899)
XIII Tennessee Valley Authority (Parts 1300--1399)

Title 19--Customs Duties

I U.S. Customs and Border Protection, Department of
Homeland Security; Department of the Treasury
(Parts 0--199)
II United States International Trade Commission (Parts
200--299)
III International Trade Administration, Department of
Commerce (Parts 300--399)
IV U.S. Immigration and Customs Enforcement, Department
of Homeland Security (Parts 400--599) [Reserved]

Title 20--Employees' Benefits

I Office of Workers' Compensation Programs, Department
of Labor (Parts 1--199)
II Railroad Retirement Board (Parts 200--399)
III Social Security Administration (Parts 400--499)

[[Page 507]]

IV Employees' Compensation Appeals Board, Department of
Labor (Parts 500--599)
V Employment and Training Administration, Department of
Labor (Parts 600--699)
VI Office of Workers' Compensation Programs, Department
of Labor (Parts 700--799)
VII Benefits Review Board, Department of Labor (Parts
800--899)
VIII Joint Board for the Enrollment of Actuaries (Parts
900--999)
IX Office of the Assistant Secretary for Veterans'
Employment and Training Service, Department of
Labor (Parts 1000--1099)

Title 21--Food and Drugs

I Food and Drug Administration, Department of Health and
Human Services (Parts 1--1299)
II Drug Enforcement Administration, Department of Justice
(Parts 1300--1399)
III Office of National Drug Control Policy (Parts 1400--
1499)

Title 22--Foreign Relations

I Department of State (Parts 1--199)
II Agency for International Development (Parts 200--299)
III Peace Corps (Parts 300--399)
IV International Joint Commission, United States and
Canada (Parts 400--499)
V Broadcasting Board of Governors (Parts 500--599)
VII Overseas Private Investment Corporation (Parts 700--
799)
IX Foreign Service Grievance Board (Parts 900--999)
X Inter-American Foundation (Parts 1000--1099)
XI International Boundary and Water Commission, United
States and Mexico, United States Section (Parts
1100--1199)
XII United States International Development Cooperation
Agency (Parts 1200--1299)
XIII Millennium Challenge Corporation (Parts 1300--1399)
XIV Foreign Service Labor Relations Board; Federal Labor
Relations Authority; General Counsel of the
Federal Labor Relations Authority; and the Foreign
Service Impasse Disputes Panel (Parts 1400--1499)
XV African Development Foundation (Parts 1500--1599)
XVI Japan-United States Friendship Commission (Parts
1600--1699)
XVII United States Institute of Peace (Parts 1700--1799)

Title 23--Highways

I Federal Highway Administration, Department of
Transportation (Parts 1--999)

[[Page 508]]

II National Highway Traffic Safety Administration and
Federal Highway Administration, Department of
Transportation (Parts 1200--1299)
III National Highway Traffic Safety Administration,
Department of Transportation (Parts 1300--1399)

Title 24--Housing and Urban Development

Subtitle A--Office of the Secretary, Department of
Housing and Urban Development (Parts 0--99)
Subtitle B--Regulations Relating to Housing and Urban
Development
I Office of Assistant Secretary for Equal Opportunity,
Department of Housing and Urban Development (Parts
100--199)
II Office of Assistant Secretary for Housing-Federal
Housing Commissioner, Department of Housing and
Urban Development (Parts 200--299)
III Government National Mortgage Association, Department
of Housing and Urban Development (Parts 300--399)
IV Office of Housing and Office of Multifamily Housing
Assistance Restructuring, Department of Housing
and Urban Development (Parts 400--499)
V Office of Assistant Secretary for Community Planning
and Development, Department of Housing and Urban
Development (Parts 500--599)
VI Office of Assistant Secretary for Community Planning
and Development, Department of Housing and Urban
Development (Parts 600--699) [Reserved]
VII Office of the Secretary, Department of Housing and
Urban Development (Housing Assistance Programs and
Public and Indian Housing Programs) (Parts 700--
799)
VIII Office of the Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Section 8 Housing Assistance
Programs, Section 202 Direct Loan Program, Section
202 Supportive Housing for the Elderly Program and
Section 811 Supportive Housing for Persons With
Disabilities Program) (Parts 800--899)
IX Office of Assistant Secretary for Public and Indian
Housing, Department of Housing and Urban
Development (Parts 900--1699)
XII Office of Inspector General, Department of Housing and
Urban Development (Parts 2000--2099)
XV Emergency Mortgage Insurance and Loan Programs,
Department of Housing and Urban Development (Parts
2700--2799) [Reserved]
XX Office of Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Parts 3200--3899)
XXIV Board of Directors of the HOPE for Homeowners Program
(Parts 4000--4099) [Reserved]
XXV Neighborhood Reinvestment Corporation (Parts 4100--
4199)

[[Page 509]]

Title 25--Indians

I Bureau of Indian Affairs, Department of the Interior
(Parts 1--299)
II Indian Arts and Crafts Board, Department of the
Interior (Parts 300--399)
III National Indian Gaming Commission, Department of the
Interior (Parts 500--599)
IV Office of Navajo and Hopi Indian Relocation (Parts
700--899)
V Bureau of Indian Affairs, Department of the Interior,
and Indian Health Service, Department of Health
and Human Services (Part 900--999)
VI Office of the Assistant Secretary, Indian Affairs,
Department of the Interior (Parts 1000--1199)
VII Office of the Special Trustee for American Indians,
Department of the Interior (Parts 1200--1299)

Title 26--Internal Revenue

I Internal Revenue Service, Department of the Treasury
(Parts 1--End)

Title 27--Alcohol, Tobacco Products and Firearms

I Alcohol and Tobacco Tax and Trade Bureau, Department
of the Treasury (Parts 1--399)
II Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice (Parts 400--799)

Title 28--Judicial Administration

I Department of Justice (Parts 0--299)
III Federal Prison Industries, Inc., Department of Justice
(Parts 300--399)
V Bureau of Prisons, Department of Justice (Parts 500--
599)
VI Offices of Independent Counsel, Department of Justice
(Parts 600--699)
VII Office of Independent Counsel (Parts 700--799)
VIII Court Services and Offender Supervision Agency for the
District of Columbia (Parts 800--899)
IX National Crime Prevention and Privacy Compact Council
(Parts 900--999)
XI Department of Justice and Department of State (Parts
1100--1199)

Title 29--Labor

Subtitle A--Office of the Secretary of Labor (Parts
0--99)
Subtitle B--Regulations Relating to Labor
I National Labor Relations Board (Parts 100--199)

[[Page 510]]

II Office of Labor-Management Standards, Department of
Labor (Parts 200--299)
III National Railroad Adjustment Board (Parts 300--399)
IV Office of Labor-Management Standards, Department of
Labor (Parts 400--499)
V Wage and Hour Division, Department of Labor (Parts
500--899)
IX Construction Industry Collective Bargaining Commission
(Parts 900--999)
X National Mediation Board (Parts 1200--1299)
XII Federal Mediation and Conciliation Service (Parts
1400--1499)
XIV Equal Employment Opportunity Commission (Parts 1600--
1699)
XVII Occupational Safety and Health Administration,
Department of Labor (Parts 1900--1999)
XX Occupational Safety and Health Review Commission
(Parts 2200--2499)
XXV Employee Benefits Security Administration, Department
of Labor (Parts 2500--2599)
XXVII Federal Mine Safety and Health Review Commission
(Parts 2700--2799)
XL Pension Benefit Guaranty Corporation (Parts 4000--
4999)

Title 30--Mineral Resources

I Mine Safety and Health Administration, Department of
Labor (Parts 1--199)
II Bureau of Safety and Environmental Enforcement,
Department of the Interior (Parts 200--299)
IV Geological Survey, Department of the Interior (Parts
400--499)
V Bureau of Ocean Energy Management, Department of the
Interior (Parts 500--599)
VII Office of Surface Mining Reclamation and Enforcement,
Department of the Interior (Parts 700--999)
XII Office of Natural Resources Revenue, Department of the
Interior (Parts 1200--1299)

Title 31--Money and Finance: Treasury

Subtitle A--Office of the Secretary of the Treasury
(Parts 0--50)
Subtitle B--Regulations Relating to Money and Finance
I Monetary Offices, Department of the Treasury (Parts
51--199)
II Fiscal Service, Department of the Treasury (Parts
200--399)
IV Secret Service, Department of the Treasury (Parts
400--499)
V Office of Foreign Assets Control, Department of the
Treasury (Parts 500--599)
VI Bureau of Engraving and Printing, Department of the
Treasury (Parts 600--699)
VII Federal Law Enforcement Training Center, Department of
the Treasury (Parts 700--799)

[[Page 511]]

VIII Office of Investment Security, Department of the
Treasury (Parts 800--899)
IX Federal Claims Collection Standards (Department of the
Treasury--Department of Justice) (Parts 900--999)
X Financial Crimes Enforcement Network, Department of
the Treasury (Parts 1000--1099)

Title 32--National Defense

Subtitle A--Department of Defense
I Office of the Secretary of Defense (Parts 1--399)
V Department of the Army (Parts 400--699)
VI Department of the Navy (Parts 700--799)
VII Department of the Air Force (Parts 800--1099)
Subtitle B--Other Regulations Relating to National
Defense
XII Department of Defense, Defense Logistics Agency (Parts
1200--1299)
XVI Selective Service System (Parts 1600--1699)
XVII Office of the Director of National Intelligence (Parts
1700--1799)
XVIII National Counterintelligence Center (Parts 1800--1899)
XIX Central Intelligence Agency (Parts 1900--1999)
XX Information Security Oversight Office, National
Archives and Records Administration (Parts 2000--
2099)
XXI National Security Council (Parts 2100--2199)
XXIV Office of Science and Technology Policy (Parts 2400--
2499)
XXVII Office for Micronesian Status Negotiations (Parts
2700--2799)
XXVIII Office of the Vice President of the United States
(Parts 2800--2899)

Title 33--Navigation and Navigable Waters

I Coast Guard, Department of Homeland Security (Parts
1--199)
II Corps of Engineers, Department of the Army, Department
of Defense (Parts 200--399)
IV Saint Lawrence Seaway Development Corporation,
Department of Transportation (Parts 400--499)

Title 34--Education

Subtitle A--Office of the Secretary, Department of
Education (Parts 1--99)
Subtitle B--Regulations of the Offices of the
Department of Education
I Office for Civil Rights, Department of Education
(Parts 100--199)
II Office of Elementary and Secondary Education,
Department of Education (Parts 200--299)

[[Page 512]]

III Office of Special Education and Rehabilitative
Services, Department of Education (Parts 300--399)
IV Office of Career, Technical, and Adult Education,
Department of Education (Parts 400--499)
V Office of Bilingual Education and Minority Languages
Affairs, Department of Education (Parts 500--599)
[Reserved]
VI Office of Postsecondary Education, Department of
Education (Parts 600--699)
VII Office of Educational Research and Improvement,
Department of Education (Parts 700--799)
[Reserved]
Subtitle C--Regulations Relating to Education
XI (Parts 1100--1199) [Reserved]
XII National Council on Disability (Parts 1200--1299)

Title 35 [Reserved]

Title 36--Parks, Forests, and Public Property

I National Park Service, Department of the Interior
(Parts 1--199)
II Forest Service, Department of Agriculture (Parts 200--
299)
III Corps of Engineers, Department of the Army (Parts
300--399)
IV American Battle Monuments Commission (Parts 400--499)
V Smithsonian Institution (Parts 500--599)
VI [Reserved]
VII Library of Congress (Parts 700--799)
VIII Advisory Council on Historic Preservation (Parts 800--
899)
IX Pennsylvania Avenue Development Corporation (Parts
900--999)
X Presidio Trust (Parts 1000--1099)
XI Architectural and Transportation Barriers Compliance
Board (Parts 1100--1199)
XII National Archives and Records Administration (Parts
1200--1299)
XV Oklahoma City National Memorial Trust (Parts 1500--
1599)
XVI Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation (Parts 1600--1699)

Title 37--Patents, Trademarks, and Copyrights

I United States Patent and Trademark Office, Department
of Commerce (Parts 1--199)
II U.S. Copyright Office, Library of Congress (Parts
200--299)
III Copyright Royalty Board, Library of Congress (Parts
300--399)
IV National Institute of Standards and Technology,
Department of Commerce (Parts 400--599)

[[Page 513]]

Title 38--Pensions, Bonuses, and Veterans' Relief

I Department of Veterans Affairs (Parts 0--199)
II Armed Forces Retirement Home (Parts 200--299)

Title 39--Postal Service

I United States Postal Service (Parts 1--999)
III Postal Regulatory Commission (Parts 3000--3099)

Title 40--Protection of Environment

I Environmental Protection Agency (Parts 1--1099)
IV Environmental Protection Agency and Department of
Justice (Parts 1400--1499)
V Council on Environmental Quality (Parts 1500--1599)
VI Chemical Safety and Hazard Investigation Board (Parts
1600--1699)
VII Environmental Protection Agency and Department of
Defense; Uniform National Discharge Standards for
Vessels of the Armed Forces (Parts 1700--1799)
VIII Gulf Coast Ecosystem Restoration Council (Parts 1800--
1899)

Title 41--Public Contracts and Property Management

Subtitle A--Federal Procurement Regulations System
[Note]
Subtitle B--Other Provisions Relating to Public
Contracts
50 Public Contracts, Department of Labor (Parts 50-1--50-
999)
51 Committee for Purchase From People Who Are Blind or
Severely Disabled (Parts 51-1--51-99)
60 Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Parts
60-1--60-999)
61 Office of the Assistant Secretary for Veterans'
Employment and Training Service, Department of
Labor (Parts 61-1--61-999)
62--100 [Reserved]
Subtitle C--Federal Property Management Regulations
System
101 Federal Property Management Regulations (Parts 101-1--
101-99)
102 Federal Management Regulation (Parts 102-1--102-299)
103--104 [Reserved]
105 General Services Administration (Parts 105-1--105-999)
109 Department of Energy Property Management Regulations
(Parts 109-1--109-99)
114 Department of the Interior (Parts 114-1--114-99)
115 Environmental Protection Agency (Parts 115-1--115-99)
128 Department of Justice (Parts 128-1--128-99)
129--200 [Reserved]
Subtitle D--Other Provisions Relating to Property
Management [Reserved]

[[Page 514]]

Subtitle E--Federal Information Resources Management
Regulations System [Reserved]
Subtitle F--Federal Travel Regulation System
300 General (Parts 300-1--300-99)
301 Temporary Duty (TDY) Travel Allowances (Parts 301-1--
301-99)
302 Relocation Allowances (Parts 302-1--302-99)
303 Payment of Expenses Connected with the Death of
Certain Employees (Part 303-1--303-99)
304 Payment of Travel Expenses from a Non-Federal Source
(Parts 304-1--304-99)

Title 42--Public Health

I Public Health Service, Department of Health and Human
Services (Parts 1--199)
II--III [Reserved]
IV Centers for Medicare & Medicaid Services, Department
of Health and Human Services (Parts 400--699)
V Office of Inspector General-Health Care, Department of
Health and Human Services (Parts 1000--1099)

Title 43--Public Lands: Interior

Subtitle A--Office of the Secretary of the Interior
(Parts 1--199)
Subtitle B--Regulations Relating to Public Lands
I Bureau of Reclamation, Department of the Interior
(Parts 400--999)
II Bureau of Land Management, Department of the Interior
(Parts 1000--9999)
III Utah Reclamation Mitigation and Conservation
Commission (Parts 10000--10099)

Title 44--Emergency Management and Assistance

I Federal Emergency Management Agency, Department of
Homeland Security (Parts 0--399)
IV Department of Commerce and Department of
Transportation (Parts 400--499)

Title 45--Public Welfare

Subtitle A--Department of Health and Human Services
(Parts 1--199)
Subtitle B--Regulations Relating to Public Welfare
II Office of Family Assistance (Assistance Programs),
Administration for Children and Families,
Department of Health and Human Services (Parts
200--299)

[[Page 515]]

III Office of Child Support Enforcement (Child Support
Enforcement Program), Administration for Children
and Families, Department of Health and Human
Services (Parts 300--399)
IV Office of Refugee Resettlement, Administration for
Children and Families, Department of Health and
Human Services (Parts 400--499)
V Foreign Claims Settlement Commission of the United
States, Department of Justice (Parts 500--599)
VI National Science Foundation (Parts 600--699)
VII Commission on Civil Rights (Parts 700--799)
VIII Office of Personnel Management (Parts 800--899)
IX Denali Commission (Parts 900--999)
X Office of Community Services, Administration for
Children and Families, Department of Health and
Human Services (Parts 1000--1099)
XI National Foundation on the Arts and the Humanities
(Parts 1100--1199)
XII Corporation for National and Community Service (Parts
1200--1299)
XIII Administration for Children and Families, Department
of Health and Human Services (Parts 1300--1399)
XVI Legal Services Corporation (Parts 1600--1699)
XVII National Commission on Libraries and Information
Science (Parts 1700--1799)
XVIII Harry S. Truman Scholarship Foundation (Parts 1800--
1899)
XXI Commission of Fine Arts (Parts 2100--2199)
XXIII Arctic Research Commission (Parts 2300--2399)
XXIV James Madison Memorial Fellowship Foundation (Parts
2400--2499)
XXV Corporation for National and Community Service (Parts
2500--2599)

Title 46--Shipping

I Coast Guard, Department of Homeland Security (Parts
1--199)
II Maritime Administration, Department of Transportation
(Parts 200--399)
III Coast Guard (Great Lakes Pilotage), Department of
Homeland Security (Parts 400--499)
IV Federal Maritime Commission (Parts 500--599)

Title 47--Telecommunication

I Federal Communications Commission (Parts 0--199)
II Office of Science and Technology Policy and National
Security Council (Parts 200--299)
III National Telecommunications and Information
Administration, Department of Commerce (Parts
300--399)

[[Page 516]]

IV National Telecommunications and Information
Administration, Department of Commerce, and
National Highway Traffic Safety Administration,
Department of Transportation (Parts 400--499)
V The First Responder Network Authority (Parts 500--599)

Title 48--Federal Acquisition Regulations System

1 Federal Acquisition Regulation (Parts 1--99)
2 Defense Acquisition Regulations System, Department of
Defense (Parts 200--299)
3 Department of Health and Human Services (Parts 300--
399)
4 Department of Agriculture (Parts 400--499)
5 General Services Administration (Parts 500--599)
6 Department of State (Parts 600--699)
7 Agency for International Development (Parts 700--799)
8 Department of Veterans Affairs (Parts 800--899)
9 Department of Energy (Parts 900--999)
10 Department of the Treasury (Parts 1000--1099)
12 Department of Transportation (Parts 1200--1299)
13 Department of Commerce (Parts 1300--1399)
14 Department of the Interior (Parts 1400--1499)
15 Environmental Protection Agency (Parts 1500--1599)
16 Office of Personnel Management, Federal Employees
Health Benefits Acquisition Regulation (Parts
1600--1699)
17 Office of Personnel Management (Parts 1700--1799)
18 National Aeronautics and Space Administration (Parts
1800--1899)
19 Broadcasting Board of Governors (Parts 1900--1999)
20 Nuclear Regulatory Commission (Parts 2000--2099)
21 Office of Personnel Management, Federal Employees
Group Life Insurance Federal Acquisition
Regulation (Parts 2100--2199)
23 Social Security Administration (Parts 2300--2399)
24 Department of Housing and Urban Development (Parts
2400--2499)
25 National Science Foundation (Parts 2500--2599)
28 Department of Justice (Parts 2800--2899)
29 Department of Labor (Parts 2900--2999)
30 Department of Homeland Security, Homeland Security
Acquisition Regulation (HSAR) (Parts 3000--3099)
34 Department of Education Acquisition Regulation (Parts
3400--3499)
51 Department of the Army Acquisition Regulations (Parts
5100--5199) [Reserved]
52 Department of the Navy Acquisition Regulations (Parts
5200--5299)
53 Department of the Air Force Federal Acquisition
Regulation Supplement (Parts 5300--5399)
[Reserved]

[[Page 517]]

54 Defense Logistics Agency, Department of Defense (Parts
5400--5499)
57 African Development Foundation (Parts 5700--5799)
61 Civilian Board of Contract Appeals, General Services
Administration (Parts 6100--6199)
99 Cost Accounting Standards Board, Office of Federal
Procurement Policy, Office of Management and
Budget (Parts 9900--9999)

Title 49--Transportation

Subtitle A--Office of the Secretary of Transportation
(Parts 1--99)
Subtitle B--Other Regulations Relating to
Transportation
I Pipeline and Hazardous Materials Safety
Administration, Department of Transportation
(Parts 100--199)
II Federal Railroad Administration, Department of
Transportation (Parts 200--299)
III Federal Motor Carrier Safety Administration,
Department of Transportation (Parts 300--399)
IV Coast Guard, Department of Homeland Security (Parts
400--499)
V National Highway Traffic Safety Administration,
Department of Transportation (Parts 500--599)
VI Federal Transit Administration, Department of
Transportation (Parts 600--699)
VII National Railroad Passenger Corporation (AMTRAK)
(Parts 700--799)
VIII National Transportation Safety Board (Parts 800--999)
X Surface Transportation Board (Parts 1000--1399)
XI Research and Innovative Technology Administration,
Department of Transportation (Parts 1400--1499)
[Reserved]
XII Transportation Security Administration, Department of
Homeland Security (Parts 1500--1699)

Title 50--Wildlife and Fisheries

I United States Fish and Wildlife Service, Department of
the Interior (Parts 1--199)
II National Marine Fisheries Service, National Oceanic
and Atmospheric Administration, Department of
Commerce (Parts 200--299)
III International Fishing and Related Activities (Parts
300--399)
IV Joint Regulations (United States Fish and Wildlife
Service, Department of the Interior and National
Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Department of
Commerce); Endangered Species Committee
Regulations (Parts 400--499)
V Marine Mammal Commission (Parts 500--599)

[[Page 518]]

VI Fishery Conservation and Management, National Oceanic
and Atmospheric Administration, Department of
Commerce (Parts 600--699)

[[Page 519]]

Alphabetical List of Agencies Appearing in the CFR

(Revised as of July 1, 2020)

CFR Title, Subtitle or
Agency Chapter

Administrative Conference of the United States 1, III
Advisory Council on Historic Preservation 36, VIII
Advocacy and Outreach, Office of 7, XXV
Afghanistan Reconstruction, Special Inspector 5, LXXXIII
General for
African Development Foundation 22, XV
Federal Acquisition Regulation 48, 57
Agency for International Development 2, VII; 22, II
Federal Acquisition Regulation 48, 7
Agricultural Marketing Service 7, I, VIII, IX, X, XI; 9,
II
Agricultural Research Service 7, V
Agriculture, Department of 2, IV; 5, LXXIII
Advocacy and Outreach, Office of 7, XXV
Agricultural Marketing Service 7, I, VIII, IX, X, XI; 9,
II
Agricultural Research Service 7, V
Animal and Plant Health Inspection Service 7, III; 9, I
Chief Financial Officer, Office of 7, XXX
Commodity Credit Corporation 7, XIV
Economic Research Service 7, XXXVII
Energy Policy and New Uses, Office of 2, IX; 7, XXIX
Environmental Quality, Office of 7, XXXI
Farm Service Agency 7, VII, XVIII
Federal Acquisition Regulation 48, 4
Federal Crop Insurance Corporation 7, IV
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Forest Service 36, II
Information Resources Management, Office of 7, XXVII
Inspector General, Office of 7, XXVI
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National Institute of Food and Agriculture 7, XXXIV
Natural Resources Conservation Service 7, VI
Operations, Office of 7, XXVIII
Procurement and Property Management, Office of 7, XXXII
Rural Business-Cooperative Service 7, XVIII, XLII
Rural Development Administration 7, XLII
Rural Housing Service 7, XVIII, XXXV
Rural Utilities Service 7, XVII, XVIII, XLII
Secretary of Agriculture, Office of 7, Subtitle A
Transportation, Office of 7, XXXIII
World Agricultural Outlook Board 7, XXXVIII
Air Force, Department of 32, VII
Federal Acquisition Regulation Supplement 48, 53
Air Transportation Stabilization Board 14, VI
Alcohol and Tobacco Tax and Trade Bureau 27, I
Alcohol, Tobacco, Firearms, and Explosives, 27, II
Bureau of
AMTRAK 49, VII
American Battle Monuments Commission 36, IV
American Indians, Office of the Special Trustee 25, VII
Animal and Plant Health Inspection Service 7, III; 9, I
Appalachian Regional Commission 5, IX
Architectural and Transportation Barriers 36, XI
Compliance Board
[[Page 520]]

Arctic Research Commission 45, XXIII
Armed Forces Retirement Home 5, XI; 38, II
Army, Department of 32, V
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 51
Bilingual Education and Minority Languages 34, V
Affairs, Office of
Blind or Severely Disabled, Committee for 41, 51
Purchase from People Who Are
Broadcasting Board of Governors 22, V
Federal Acquisition Regulation 48, 19
Career, Technical, and Adult Education, Office 34, IV
of
Census Bureau 15, I
Centers for Medicare & Medicaid Services 42, IV
Central Intelligence Agency 32, XIX
Chemical Safety and Hazard Investigation Board 40, VI
Chief Financial Officer, Office of 7, XXX
Child Support Enforcement, Office of 45, III
Children and Families, Administration for 45, II, III, IV, X, XIII
Civil Rights, Commission on 5, LXVIII; 45, VII
Civil Rights, Office for 34, I
Coast Guard 33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage) 46, III
Commerce, Department of 2, XIII; 44, IV; 50, VI
Census Bureau 15, I
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Emergency Management and Assistance 44, IV
Federal Acquisition Regulation 48, 13
Foreign-Trade Zones Board 15, IV
Industry and Security, Bureau of 15, VII
International Trade Administration 15, III; 19, III
National Institute of Standards and Technology 15, II; 37, IV
National Marine Fisheries Service 50, II, IV
National Oceanic and Atmospheric 15, IX; 50, II, III, IV,
Administration VI
National Technical Information Service 15, XI
National Telecommunications and Information 15, XXIII; 47, III, IV
Administration
National Weather Service 15, IX
Patent and Trademark Office, United States 37, I
Secretary of Commerce, Office of 15, Subtitle A
Commercial Space Transportation 14, III
Commodity Credit Corporation 7, XIV
Commodity Futures Trading Commission 5, XLI; 17, I
Community Planning and Development, Office of 24, V, VI
Assistant Secretary for
Community Services, Office of 45, X
Comptroller of the Currency 12, I
Construction Industry Collective Bargaining 29, IX
Commission
Consumer Financial Protection Bureau 5, LXXXIV; 12, X
Consumer Product Safety Commission 5, LXXI; 16, II
Copyright Royalty Board 37, III
Corporation for National and Community Service 2, XXII; 45, XII, XXV
Cost Accounting Standards Board 48, 99
Council of the Inspectors General on Integrity 5, XCVIII
and Efficiency
Council on Environmental Quality 40, V
Court Services and Offender Supervision Agency 5, LXX; 28, VIII
for the District of Columbia
Customs and Border Protection 19, I
Defense, Department of 2, XI; 5, XXVI; 32,
Subtitle A; 40, VII
Advanced Research Projects Agency 32, I
Air Force Department 32, VII
Army Department 32, V; 33, II; 36, III;
48, 51
Defense Acquisition Regulations System 48, 2
Defense Intelligence Agency 32, I
Defense Logistics Agency 32, I, XII; 48, 54

[[Page 521]]

Engineers, Corps of 33, II; 36, III
National Imagery and Mapping Agency 32, I
Navy, Department of 32, VI; 48, 52
Secretary of Defense, Office of 2, XI; 32, I
Defense Contract Audit Agency 32, I
Defense Intelligence Agency 32, I
Defense Logistics Agency 32, XII; 48, 54
Defense Nuclear Facilities Safety Board 10, XVII
Delaware River Basin Commission 18, III
Denali Commission 45, IX
Disability, National Council on 5, C; 34, XII
District of Columbia, Court Services and 5, LXX; 28, VIII
Offender Supervision Agency for the
Drug Enforcement Administration 21, II
East-West Foreign Trade Board 15, XIII
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Economic Research Service 7, XXXVII
Education, Department of 2, XXXIV; 5, LIII
Bilingual Education and Minority Languages 34, V
Affairs, Office of
Career, Technical, and Adult Education, Office 34, IV
of
Civil Rights, Office for 34, I
Educational Research and Improvement, Office 34, VII
of
Elementary and Secondary Education, Office of 34, II
Federal Acquisition Regulation 48, 34
Postsecondary Education, Office of 34, VI
Secretary of Education, Office of 34, Subtitle A
Special Education and Rehabilitative Services, 34, III
Office of
Educational Research and Improvement, Office of 34, VII
Election Assistance Commission 2, LVIII; 11, II
Elementary and Secondary Education, Office of 34, II
Emergency Oil and Gas Guaranteed Loan Board 13, V
Emergency Steel Guarantee Loan Board 13, IV
Employee Benefits Security Administration 29, XXV
Employees' Compensation Appeals Board 20, IV
Employees Loyalty Board 5, V
Employment and Training Administration 20, V
Employment Policy, National Commission for 1, IV
Employment Standards Administration 20, VI
Endangered Species Committee 50, IV
Energy, Department of 2, IX; 5, XXIII; 10, II,
III, X
Federal Acquisition Regulation 48, 9
Federal Energy Regulatory Commission 5, XXIV; 18, I
Property Management Regulations 41, 109
Energy, Office of 7, XXIX
Engineers, Corps of 33, II; 36, III
Engraving and Printing, Bureau of 31, VI
Environmental Protection Agency 2, XV; 5, LIV; 40, I, IV,
VII
Federal Acquisition Regulation 48, 15
Property Management Regulations 41, 115
Environmental Quality, Office of 7, XXXI
Equal Employment Opportunity Commission 5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary 24, I
for
Executive Office of the President 3, I
Environmental Quality, Council on 40, V
Management and Budget, Office of 2, Subtitle A; 5, III,
LXXVII; 14, VI; 48, 99
National Drug Control Policy, Office of 2, XXXVI; 21, III
National Security Council 32, XXI; 47, II
Presidential Documents 3
Science and Technology Policy, Office of 32, XXIV; 47, II
Trade Representative, Office of the United 15, XX
States
Export-Import Bank of the United States 2, XXXV; 5, LII; 12, IV
Family Assistance, Office of 45, II

[[Page 522]]

Farm Credit Administration 5, XXXI; 12, VI
Farm Credit System Insurance Corporation 5, XXX; 12, XIV
Farm Service Agency 7, VII, XVIII
Federal Acquisition Regulation 48, 1
Federal Aviation Administration 14, I
Commercial Space Transportation 14, III
Federal Claims Collection Standards 31, IX
Federal Communications Commission 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of 41, 60
Federal Crop Insurance Corporation 7, IV
Federal Deposit Insurance Corporation 5, XXII; 12, III
Federal Election Commission 5, XXXVII; 11, I
Federal Emergency Management Agency 44, I
Federal Employees Group Life Insurance Federal 48, 21
Acquisition Regulation
Federal Employees Health Benefits Acquisition 48, 16
Regulation
Federal Energy Regulatory Commission 5, XXIV; 18, I
Federal Financial Institutions Examination 12, XI
Council
Federal Financing Bank 12, VIII
Federal Highway Administration 23, I, II
Federal Home Loan Mortgage Corporation 1, IV
Federal Housing Enterprise Oversight Office 12, XVII
Federal Housing Finance Agency 5, LXXX; 12, XII
Federal Labor Relations Authority 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center 31, VII
Federal Management Regulation 41, 102
Federal Maritime Commission 46, IV
Federal Mediation and Conciliation Service 29, XII
Federal Mine Safety and Health Review Commission 5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration 49, III
Federal Prison Industries, Inc. 28, III
Federal Procurement Policy Office 48, 99
Federal Property Management Regulations 41, 101
Federal Railroad Administration 49, II
Federal Register, Administrative Committee of 1, I
Federal Register, Office of 1, II
Federal Reserve System 12, II
Board of Governors 5, LVIII
Federal Retirement Thrift Investment Board 5, VI, LXXVI
Federal Service Impasses Panel 5, XIV
Federal Trade Commission 5, XLVII; 16, I
Federal Transit Administration 49, VI
Federal Travel Regulation System 41, Subtitle F
Financial Crimes Enforcement Network 31, X
Financial Research Office 12, XVI
Financial Stability Oversight Council 12, XIII
Fine Arts, Commission of 45, XXI
Fiscal Service 31, II
Fish and Wildlife Service, United States 50, I, IV
Food and Drug Administration 21, I
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Assets Control, Office of 31, V
Foreign Claims Settlement Commission of the 45, V
United States
Foreign Service Grievance Board 22, IX
Foreign Service Impasse Disputes Panel 22, XIV
Foreign Service Labor Relations Board 22, XIV
Foreign-Trade Zones Board 15, IV
Forest Service 36, II
General Services Administration 5, LVII; 41, 105
Contract Appeals, Board of 48, 61
Federal Acquisition Regulation 48, 5
Federal Management Regulation 41, 102
Federal Property Management Regulations 41, 101
Federal Travel Regulation System 41, Subtitle F
General 41, 300

[[Page 523]]

Payment From a Non-Federal Source for Travel 41, 304
Expenses
Payment of Expenses Connected With the Death 41, 303
of Certain Employees
Relocation Allowances 41, 302
Temporary Duty (TDY) Travel Allowances 41, 301
Geological Survey 30, IV
Government Accountability Office 4, I
Government Ethics, Office of 5, XVI
Government National Mortgage Association 24, III
Grain Inspection, Packers and Stockyards 7, VIII; 9, II
Administration
Gulf Coast Ecosystem Restoration Council 2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation 45, XVIII
Health and Human Services, Department of 2, III; 5, XLV; 45,
Subtitle A
Centers for Medicare & Medicaid Services 42, IV
Child Support Enforcement, Office of 45, III
Children and Families, Administration for 45, II, III, IV, X, XIII
Community Services, Office of 45, X
Family Assistance, Office of 45, II
Federal Acquisition Regulation 48, 3
Food and Drug Administration 21, I
Indian Health Service 25, V
Inspector General (Health Care), Office of 42, V
Public Health Service 42, I
Refugee Resettlement, Office of 45, IV
Homeland Security, Department of 2, XXX; 5, XXXVI; 6, I; 8,
I
Coast Guard 33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage) 46, III
Customs and Border Protection 19, I
Federal Emergency Management Agency 44, I
Human Resources Management and Labor Relations 5, XCVII
Systems
Immigration and Customs Enforcement Bureau 19, IV
Transportation Security Administration 49, XII
HOPE for Homeowners Program, Board of Directors 24, XXIV
of
Housing, Office of, and Multifamily Housing 24, IV
Assistance Restructuring, Office of
Housing and Urban Development, Department of 2, XXIV; 5, LXV; 24,
Subtitle B
Community Planning and Development, Office of 24, V, VI
Assistant Secretary for
Equal Opportunity, Office of Assistant 24, I
Secretary for
Federal Acquisition Regulation 48, 24
Federal Housing Enterprise Oversight, Office 12, XVII
of
Government National Mortgage Association 24, III
Housing--Federal Housing Commissioner, Office 24, II, VIII, X, XX
of Assistant Secretary for
Housing, Office of, and Multifamily Housing 24, IV
Assistance Restructuring, Office of
Inspector General, Office of 24, XII
Public and Indian Housing, Office of Assistant 24, IX
Secretary for
Secretary, Office of 24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of 24, II, VIII, X, XX
Assistant Secretary for
Immigration and Customs Enforcement Bureau 19, IV
Immigration Review, Executive Office for 8, V
Independent Counsel, Office of 28, VII
Independent Counsel, Offices of 28, VI
Indian Affairs, Bureau of 25, I, V
Indian Affairs, Office of the Assistant 25, VI
Secretary
Indian Arts and Crafts Board 25, II
Indian Health Service 25, V
Industry and Security, Bureau of 15, VII
Information Resources Management, Office of 7, XXVII
Information Security Oversight Office, National 32, XX
Archives and Records Administration
[[Page 524]]

Inspector General
Agriculture Department 7, XXVI
Health and Human Services Department 42, V
Housing and Urban Development Department 24, XII, XV
Institute of Peace, United States 22, XVII
Inter-American Foundation 5, LXIII; 22, X
Interior, Department of 2, XIV
American Indians, Office of the Special 25, VII
Trustee
Endangered Species Committee 50, IV
Federal Acquisition Regulation 48, 14
Federal Property Management Regulations System 41, 114
Fish and Wildlife Service, United States 50, I, IV
Geological Survey 30, IV
Indian Affairs, Bureau of 25, I, V
Indian Affairs, Office of the Assistant 25, VI
Secretary
Indian Arts and Crafts Board 25, II
Land Management, Bureau of 43, II
National Indian Gaming Commission 25, III
National Park Service 36, I
Natural Resource Revenue, Office of 30, XII
Ocean Energy Management, Bureau of 30, V
Reclamation, Bureau of 43, I
Safety and Enforcement Bureau, Bureau of 30, II
Secretary of the Interior, Office of 2, XIV; 43, Subtitle A
Surface Mining Reclamation and Enforcement, 30, VII
Office of
Internal Revenue Service 26, I
International Boundary and Water Commission, 22, XI
United States and Mexico, United States
Section
International Development, United States Agency 22, II
for
Federal Acquisition Regulation 48, 7
International Development Cooperation Agency, 22, XII
United States
International Development Finance Corporation, 5, XXXIII; 22, VII
U.S.
International Joint Commission, United States 22, IV
and Canada
International Organizations Employees Loyalty 5, V
Board
International Trade Administration 15, III; 19, III
International Trade Commission, United States 19, II
Interstate Commerce Commission 5, XL
Investment Security, Office of 31, VIII
James Madison Memorial Fellowship Foundation 45, XXIV
Japan-United States Friendship Commission 22, XVI
Joint Board for the Enrollment of Actuaries 20, VIII
Justice, Department of 2, XXVIII; 5, XXVIII; 28,
I, XI; 40, IV
Alcohol, Tobacco, Firearms, and Explosives, 27, II
Bureau of
Drug Enforcement Administration 21, II
Federal Acquisition Regulation 48, 28
Federal Claims Collection Standards 31, IX
Federal Prison Industries, Inc. 28, III
Foreign Claims Settlement Commission of the 45, V
United States
Immigration Review, Executive Office for 8, V
Independent Counsel, Offices of 28, VI
Prisons, Bureau of 28, V
Property Management Regulations 41, 128
Labor, Department of 2, XXIX; 5, XLII
Employee Benefits Security Administration 29, XXV
Employees' Compensation Appeals Board 20, IV
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Federal Acquisition Regulation 48, 29
Federal Contract Compliance Programs, Office 41, 60
of
Federal Procurement Regulations System 41, 50
Labor-Management Standards, Office of 29, II, IV
Mine Safety and Health Administration 30, I
Occupational Safety and Health Administration 29, XVII
Public Contracts 41, 50

[[Page 525]]

Secretary of Labor, Office of 29, Subtitle A
Veterans' Employment and Training Service, 41, 61; 20, IX
Office of the Assistant Secretary for
Wage and Hour Division 29, V
Workers' Compensation Programs, Office of 20, I, VII
Labor-Management Standards, Office of 29, II, IV
Land Management, Bureau of 43, II
Legal Services Corporation 45, XVI
Libraries and Information Science, National 45, XVII
Commission on
Library of Congress 36, VII
Copyright Royalty Board 37, III
U.S. Copyright Office 37, II
Management and Budget, Office of 5, III, LXXVII; 14, VI;
48, 99
Marine Mammal Commission 50, V
Maritime Administration 46, II
Merit Systems Protection Board 5, II, LXIV
Micronesian Status Negotiations, Office for 32, XXVII
Military Compensation and Retirement 5, XCIX
Modernization Commission
Millennium Challenge Corporation 22, XIII
Mine Safety and Health Administration 30, I
Minority Business Development Agency 15, XIV
Miscellaneous Agencies 1, IV
Monetary Offices 31, I
Morris K. Udall Scholarship and Excellence in 36, XVI
National Environmental Policy Foundation
Museum and Library Services, Institute of 2, XXXI
National Aeronautics and Space Administration 2, XVIII; 5, LIX; 14, V
Federal Acquisition Regulation 48, 18
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National and Community Service, Corporation for 2, XXII; 45, XII, XXV
National Archives and Records Administration 2, XXVI; 5, LXVI; 36, XII
Information Security Oversight Office 32, XX
National Capital Planning Commission 1, IV, VI
National Counterintelligence Center 32, XVIII
National Credit Union Administration 5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact 28, IX
Council
National Drug Control Policy, Office of 2, XXXVI; 21, III
National Endowment for the Arts 2, XXXII
National Endowment for the Humanities 2, XXXIII
National Foundation on the Arts and the 45, XI
Humanities
National Geospatial-Intelligence Agency 32, I
National Highway Traffic Safety Administration 23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency 32, I
National Indian Gaming Commission 25, III
National Institute of Food and Agriculture 7, XXXIV
National Institute of Standards and Technology 15, II; 37, IV
National Intelligence, Office of Director of 5, IV; 32, XVII
National Labor Relations Board 5, LXI; 29, I
National Marine Fisheries Service 50, II, IV
National Mediation Board 5, CI; 29, X
National Oceanic and Atmospheric Administration 15, IX; 50, II, III, IV,
VI
National Park Service 36, I
National Railroad Adjustment Board 29, III
National Railroad Passenger Corporation (AMTRAK) 49, VII
National Science Foundation 2, XXV; 5, XLIII; 45, VI
Federal Acquisition Regulation 48, 25
National Security Council 32, XXI
National Security Council and Office of Science 47, II
and Technology Policy
National Technical Information Service 15, XI
National Telecommunications and Information 15, XXIII; 47, III, IV, V
Administration
National Transportation Safety Board 49, VIII

[[Page 526]]

Natural Resource Revenue, Office of 30, XII
Natural Resources Conservation Service 7, VI
Navajo and Hopi Indian Relocation, Office of 25, IV
Navy, Department of 32, VI
Federal Acquisition Regulation 48, 52
Neighborhood Reinvestment Corporation 24, XXV
Northeast Interstate Low-Level Radioactive Waste 10, XVIII
Commission
Nuclear Regulatory Commission 2, XX; 5, XLVIII; 10, I
Federal Acquisition Regulation 48, 20
Occupational Safety and Health Administration 29, XVII
Occupational Safety and Health Review Commission 29, XX
Ocean Energy Management, Bureau of 30, V
Oklahoma City National Memorial Trust 36, XV
Operations Office 7, XXVIII
Patent and Trademark Office, United States 37, I
Payment From a Non-Federal Source for Travel 41, 304
Expenses
Payment of Expenses Connected With the Death of 41, 303
Certain Employees
Peace Corps 2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation 36, IX
Pension Benefit Guaranty Corporation 29, XL
Personnel Management, Office of 5, I, IV, XXXV; 45, VIII
Federal Acquisition Regulation 48, 17
Federal Employees Group Life Insurance Federal 48, 21
Acquisition Regulation
Federal Employees Health Benefits Acquisition 48, 16
Regulation
Human Resources Management and Labor Relations 5, XCVII
Systems, Department of Homeland Security
Pipeline and Hazardous Materials Safety 49, I
Administration
Postal Regulatory Commission 5, XLVI; 39, III
Postal Service, United States 5, LX; 39, I
Postsecondary Education, Office of 34, VI
President's Commission on White House 1, IV
Fellowships
Presidential Documents 3
Presidio Trust 36, X
Prisons, Bureau of 28, V
Privacy and Civil Liberties Oversight Board 6, X
Procurement and Property Management, Office of 7, XXXII
Public Contracts, Department of Labor 41, 50
Public Health Service 42, I
Public and Indian Housing, Office of Assistant 24, IX
Secretary for
Railroad Retirement Board 20, II
Reclamation, Bureau of 43, I
Refugee Resettlement, Office of 45, IV
Relocation Allowances 41, 302
Research and Innovative Technology 49, XI
Administration
Rural Business-Cooperative Service 7, XVIII, XLII
Rural Development Administration 7, XLII
Rural Housing Service 7, XVIII, XXXV
Rural Utilities Service 7, XVII, XVIII, XLII
Safety and Environmental Enforcement, Bureau of 30, II
Saint Lawrence Seaway Development Corporation 33, IV
Science and Technology Policy, Office of 32, XXIV
Science and Technology Policy, Office of, and 47, II
National Security Council
Secret Service 31, IV
Securities and Exchange Commission 5, XXXIV; 17, II
Selective Service System 32, XVI
Small Business Administration 2, XXVII; 13, I
Smithsonian Institution 36, V
Social Security Administration 2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States 5, XI
Special Counsel, Office of 5, VIII
Special Education and Rehabilitative Services, 34, III
Office of
State, Department of 2, VI; 22, I; 28, XI
Federal Acquisition Regulation 48, 6

[[Page 527]]

Surface Mining Reclamation and Enforcement, 30, VII
Office of
Surface Transportation Board 49, X
Susquehanna River Basin Commission 18, VIII
Tennessee Valley Authority 5, LXIX; 18, XIII
Trade Representative, United States, Office of 15, XX
Transportation, Department of 2, XII; 5, L
Commercial Space Transportation 14, III
Emergency Management and Assistance 44, IV
Federal Acquisition Regulation 48, 12
Federal Aviation Administration 14, I
Federal Highway Administration 23, I, II
Federal Motor Carrier Safety Administration 49, III
Federal Railroad Administration 49, II
Federal Transit Administration 49, VI
Maritime Administration 46, II
National Highway Traffic Safety Administration 23, II, III; 47, IV; 49, V
Pipeline and Hazardous Materials Safety 49, I
Administration
Saint Lawrence Seaway Development Corporation 33, IV
Secretary of Transportation, Office of 14, II; 49, Subtitle A
Transportation Statistics Bureau 49, XI
Transportation, Office of 7, XXXIII
Transportation Security Administration 49, XII
Transportation Statistics Bureau 49, XI
Travel Allowances, Temporary Duty (TDY) 41, 301
Treasury, Department of the 2, X; 5, XXI; 12, XV; 17,
IV; 31, IX
Alcohol and Tobacco Tax and Trade Bureau 27, I
Community Development Financial Institutions 12, XVIII
Fund
Comptroller of the Currency 12, I
Customs and Border Protection 19, I
Engraving and Printing, Bureau of 31, VI
Federal Acquisition Regulation 48, 10
Federal Claims Collection Standards 31, IX
Federal Law Enforcement Training Center 31, VII
Financial Crimes Enforcement Network 31, X
Fiscal Service 31, II
Foreign Assets Control, Office of 31, V
Internal Revenue Service 26, I
Investment Security, Office of 31, VIII
Monetary Offices 31, I
Secret Service 31, IV
Secretary of the Treasury, Office of 31, Subtitle A
Truman, Harry S. Scholarship Foundation 45, XVIII
United States and Canada, International Joint 22, IV
Commission
United States and Mexico, International Boundary 22, XI
and Water Commission, United States Section
U.S. Copyright Office 37, II
Utah Reclamation Mitigation and Conservation 43, III
Commission
Veterans Affairs, Department of 2, VIII; 38, I
Federal Acquisition Regulation 48, 8
Veterans' Employment and Training Service, 41, 61; 20, IX
Office of the Assistant Secretary for
Vice President of the United States, Office of 32, XXVIII
Wage and Hour Division 29, V
Water Resources Council 18, VI
Workers' Compensation Programs, Office of 20, I, VII
World Agricultural Outlook Board 7, XXXVIII

[[Page 529]]

List of CFR Sections Affected

All changes in this volume of the Code of Federal Regulations (CFR) that
were made by documents published in the Federal Register since January
1, 2015 are enumerated in the following list. Entries indicate the
nature of the changes effected. Page numbers refer to Federal Register
pages. The user should consult the entries for chapters, parts and
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the
annual edition of the monthly List of CFR Sections Affected (LSA). The
LSA is available at www.govinfo.gov. For changes to this volume of the
CFR prior to 2001, see the ``List of CFR Sections Affected, 1949-1963,
1964-1972, 1973-1985, and 1986-2000'' published in 11 separate volumes.
The ``List of CFR Sections Affected 1986-2000'' is available at
www.govinfo.gov.

2015

40 CFR
80 FR
Page
Chapter I
63.7491 (a), (j) and (l) revised; (n) added........................72806
63.7495 (a), (e) and (f) revised; (h) and (i) added................72807
63.7500 (a)(1) introductory text, (ii), (iii) and (f) revised......72807
63.7501 Removed....................................................72807
63.7505 (a), (c) and (d) introductory text revised; (e) added......72807
63.7510 (a) introductory text, (2)(ii), (c), (e), (g) and (i)
revised; (k) added.........................................72808
63.7515 (d), (e) and (h) revised...................................72808
63.7521 (a), (c) introductory text, (1)(ii), (f) introductory
text, (g) introductory text, (2)(ii), (vi) and (h) revised
72808
63.7522 (c), (d), (f)(1) introductory text, (g)(1), (3)
introductory text and (i) revised; (j)(1) amended..........72809
63.7525 (a) introductory text, (1), (2) introductory text, (3),
(5), (b) introductory text, (1) introductory text, (iii),
(g)(3), (4), (m) introductory text and (2) revised;
(a)(2)(vi) added...........................................72810
63.7530 (a), (b) introductory text, (4)(ii)(F), (e), (h) and
(i)(3) revised; (b)(1)(iii), (2)(iii), (3)(iii),
(4)(ii)(D), (c)(3), (4) and (5) amended; (b)(4)(iii)
through (viii) redesignated as (b)(4)(iv) through (ix);
new (b)(4)(iii) added; (d) removed.........................72811
63.7533 (e) revised................................................72812
63.7535 (c) and (d) revised........................................72812
63.7540 (a)(2), (3) introductory text, (iii), (5) introductory
text, (iii), (8)(ii), (10) introductory text, (i), (vi)
introductory text, (12), (14)(i), (15)(i), (17)
introductory text, (iii), (18)(i), (19)(iii) and (d)
revised....................................................72813
63.7545 (e) introductory text, (8)(i) and (h) introductory text
revised; (e)(2)(iii) added.................................72814
63.7550 (b), (c)(1) through (4), (5)(viii), (xvi), (d)
introductory text, (1) and (h) revised; (c)(5)(xviii)
added......................................................72814
63.7555 (d)(3), (i) and (j) removed; (d)(4) through (11)
redesignated as new (d)(3) through (10); new (d)(3), (4)
and (8) revised; (a)(3), new (d)(11), (12) and (13) added
72816
63.7570 (b) revised................................................72817
63.7575 Amended....................................................72817

[[Page 530]]

63.7480--63.7575 (Subpart DDDDD) Table 1 amended...................72819
Table 2 amended................................................72821
Table 3 amended................................................72823
Table 4 revised................................................72824
Table 5 amended; Table 6 revised...............................72825
Table 7 revised................................................72827
Table 8 amended................................................72829
Tables 9 and 10 amended........................................72830
Table 11 revised...............................................72831
Table 12 revised...............................................72834
Table 13 amended...............................................72836
63.8380--63.8515 (Subpart JJJJJ) Revised...........................65520
63.8530--63.8665 (Subpart KKKKK) Revised...........................65543
63.8605 (c) correctly amended..................................75817

2016 2017

(No regulations published)

2018

40 CFR
83 FR
Page
Chapter I
63.7480--63.7575 (Subpart DDDDD) Table 6 revised...................56725

2019

40 CFR
84 FR
Page
Chapter I
63.8530--65.8665 (Subpart KKKKK) Table 1 revised...................58609
63.8530--65.8665 (Subpart KKKKK) Table 2 revised...................58610
63.8530--65.8665 (Subpart KKKKK) Table 4 revised...................58611
63.8530--65.8665 (Subpart KKKKK) Table 6 revised...................58614
63.8530--65.8665 (Subpart KKKKK) Table 7 revised...................58619
63.8595 (h) redesignated as (i); new (h) added; (c), new (i)
introductory text, and new (1) introductory text revised
58606
63.8620 (e) introductory text, (1), (2), and (3) redesignated as
(e)(1) introductory text, (i), (ii), and (iii); new (e)(1)
introductory text revised; new (e)(2), (f), and (g) added
58607
63.8630 (c) introductory text revised; (c)(4) added................58608
63.8635 (c) introductory text, (4)(iii)(C), and (g)(1) revised;
(c)(9) added...............................................58608
63.8640 (c) introductory text revised; (c)(11) added...............58609
63.8665 Amended....................................................58609

2020

(Regulations published from January 1, 2020, through July 1, 2020)

40 CFR
85 FR
Page
Chapter I
63.8680--86.8698 (Subpart LLLLL) Table 1, Table 2, and Table 3
amended....................................................14553
63.8680--86.8698 (Subpart LLLLL) Table 4 amended...................14554
63.8680--86.8698 (Subpart LLLLL) Table 5 and Table 6 amended.......14555
63.8680--86.8698 (Subpart LLLLL) Table 7 amended...................14556
63.8681 (a) revised; (f) removed...................................14548
63.8683 (c) introductory text and (d) revised......................14548
63.8684 Heading revised............................................14548
63.8685 (a), (b), and (c) revised..................................14549
63.8686 Heading, (a), and (b)(3) revised; (b)(4) added.............14549
63.8687 (b) revised; (c) removed...................................14549
63.8688 (f) and (h) revised........................................14549
63.8689 (b) revised; (d) added.....................................14549
63.8690 (b) revised................................................14549
63.8691 Heading, (a), (b), and (d) revised; (e) added..............14549
63.8692 (a), (e), and (f) revised..................................14550
63.8693 (b)(6), (d)(13), (g), (h), and (i) added; (c)(4), (5), (d)
introductory text, (1) through (4), (6), and (f) revised
14550
63.8694 (a)(2) revised; (e) added..................................14552
63.8697 (b)(1) revised.............................................14552
63.8698 Amended....................................................14552

[all]