E-CFR

US Electronic Code of Federal Regulations Reading Aid

Title 40 – Protection of Environment–Volume 16

Last updated on March 22nd, 2023 at 12:10 am

Contents hide

Title 40 – Protection of Environment–Volume 16


Part


chapter i – Environmental Protection Agency (Continued)

63

CHAPTER I – ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

SUBCHAPTER C – AIR PROGRAMS (CONTINUED)

PART 63 – NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES (CONTINUED)


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


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

Subpart NNNNN – National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production


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

What This Subpart Covers

§ 63.8980 What is the purpose of this subpart?

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


§ 63.8985 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate an HCl production facility that produces a liquid HCl product at a concentration of 30 weight percent or greater during its normal operations and is located at, or is part of, a major source of HAP. This does not include HCl production facilities that only produce occasionally liquid HCl product at a concentration of 30 weight percent or greater.


(1) An HCl production facility is the collection of unit operations and equipment associated with the production of liquid HCl product. The HCl production facility begins at the point where a gaseous stream containing HCl enters the HCl production unit. The HCl production facility includes all HCl storage tanks that contain liquid HCl product that is produced in the HCl production unit, with the exceptions noted in paragraph (a)(2) of this section. The HCl production facility also includes all HCl transfer operations that load HCl product produced in the HCl production unit into a tank truck, rail car, ship, or barge, along with the piping and other equipment in HCl service used to transfer liquid HCl product from the HCl production unit to the HCl storage tanks and/or HCl transfer operations. The HCl production facility ends at the point that the liquid HCl product produced in the HCl production unit is loaded into a tank truck, rail car, ship, or barge, at the point the HCl product enters another process on the plant site, or at the point the HCl product leaves the plant site via pipeline.


(2) Storage tanks that are dedicated feedstock tanks for another process and storage tanks that store HCl dedicated for use in wastewater treatment are not considered part of an HCl production facility.


(3) A major source of HAP emissions is any stationary source or group of stationary sources within a contiguous area under common control that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any combination of HAP at a rate of 22.68 megagrams (25 tons) or more per year.


(b) An HCl production facility is not subject to this subpart if it is also subject to NESHAP under one of the subparts listed in paragraphs (b)(1) through (5) of this section.


(1) 40 CFR part 63, subpart S, National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry.


(2) 40 CFR part 63, subpart CCC, National Emission Standards for Hazardous Air Pollutants for Steel Pickling – HCl Process Facilities and Hydrochloric Acid Regeneration Plants.


(3) 40 CFR part 63, subpart MMM, National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production.


(4) 40 CFR part 63, section 63.994, subpart SS, National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process.


(5) 40 CFR part 63, subpart GGG, National Emission Standards for Pharmaceuticals Production.


(c) An HCl production facility is not subject to this subpart if it is located following the incineration of chlorinated waste gas streams, waste liquids, or solid wastes, and the emissions from the HCl production facility are subject to section 63.113(c), subpart G, National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater.


(d) An HCl production facility is not subject to this subpart if it produces HCl through the direct synthesis of hydrogen and chlorine and is part of a chlor-alkali facility.


(e) An HCl production facility is not subject to this subpart if it is a research and development facility.


(f) An HCl production facility is not subject to this subpart if all of the gaseous streams containing HCl and chlorine (Cl2) from HCl process vents, HCl storage tanks, and HCl transfer operations are recycled or routed to another process for process purpose, prior to being discharged to the atmosphere.


[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17745, Apr. 7, 2006; 85 FR 20867, Apr. 15, 2020]


§ 63.8990 What parts of my plant does this subpart cover?

(a) This subpart applies to each new, reconstructed, or existing affected source at an HCl production facility.


(b) The affected source is the group of one or more HCl production facilities at a plant site that are subject to this subpart, and all associated wastewater operations, which contain the collection of emission streams listed in paragraphs (b)(1) through (5) of this section.


(1) Each emission stream from an HCl process vent.


(2) Each emission stream from an HCl storage tank.


(3) Each emission stream from an HCl transfer operation.


(4) Each emission stream resulting from leaks from equipment in HCl service.


(5) Each emission stream from HCl wastewater operations. There are no emission limitations or other requirements in this subpart that apply to HCl wastewater operations.


(c) An affected source is a new affected source if you commenced construction of the affected source after September 18, 2001 and you met the applicability criteria of § 63.8985 at the time you commenced construction.


(d) An affected source is reconstructed if you meet the criteria as defined in § 63.2.


(e) An affected source is existing if it is not new or reconstructed.


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


§ 63.8995 When do I have to comply with this subpart?

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


(1) If you start up your affected source before April 17, 2003, you must comply with the emission limitations and work practice standards in this subpart no later than April 17, 2003.


(2) If you start up your affected source after April 17, 2003, you must comply with the emission limitations and work practice standards in this subpart upon startup of your affected source.


(b) If you have an existing affected source, you must comply with the emission limitations and work practice standards no later than 3 years after April 17, 2003.


(c) If you have an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP, the provisions in paragraphs (c)(1) and (2) of this section apply.


(1) Any portion of the existing facility that is a new affected source or a new reconstructed source must be in compliance with this subpart upon startup.


(2) All other parts of the source must be in compliance with this subpart no later than the date 3 years after the area source becomes a major source.


(d) You must meet the notification requirements in § 63.9045 according to the schedule in § 63.9045 and in subpart A of this part. Some of the notifications must be submitted before you are required to comply with the emission limitations in this subpart.


Emission Limitations and Work Practice Standards

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

(a) With the exceptions noted in paragraphs (c) and (d) of this section, you must meet the applicable emission limit and work practice standard in table 1 to this subpart for each emission stream listed under § 63.8990(b)(1) through (4) that is part of your affected source.


(b) With the exceptions noted in paragraph (c) of this section, you must meet the applicable operating limit in Table 2 to this subpart for each emission stream listed under § 63.8990(b)(1) through (3) that is part of your affected source.


(c) The emission streams listed in paragraphs (c)(1) through (4) of this section are exempt from the emission limitations, work practice standards, and all other requirements of this subpart.


(1) Emission streams from HCl storage tanks that never store liquid HCl product with a concentration of 30 weight percent or greater.


(2) Emission streams from HCl transfer operations that never load liquid HCl product with a concentration of 30 weight percent or greater.


(3) Emission streams from HCl wastewater operations.


(4) Emission streams from HCl process vents, HCl storage tanks, and HCl transfer operations that are also subject to 40 CFR part 63, subpart EEE, National Emission Standards for Hazardous Air Pollutants for Hazardous Waste Combustors, or 40 CFR 266.107, subpart H, Burning of Hazardous Waste in Boilers and Industrial Furnaces.


(d) The emission limits for HCl storage tanks in table 1 to this subpart do not apply during periods of planned routine maintenance of HCl storage tank control devices. Periods of planned routine maintenance of each HCl storage tank control device, during which the control device does not meet the emission limits specified in table 1 to this subpart, shall not exceed 240 hours per year.


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


General Compliance Requirements

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

(a) Before October 13, 2020, for each existing source, and for each new or reconstructed source for which construction or reconstruction commenced after April 17, 2003, but before February 5, 2019, you must be in compliance with the emission limitations and work practice standards in this subpart at all times, except during periods of startup, shutdown, and malfunction. After October 13, 2020, for each such source you must be in compliance with the emission limitations in this subpart at all times. For new and reconstructed sources for which construction or reconstruction commenced after February 4, 2019, you must be in compliance with the emissions limitations in this subpart at all times.


(b) Before October 13, 2020, for each existing source, and for each new or reconstructed source for which construction or reconstruction commenced after April 17, 2003, but before February 5, 2019, you must always operate and maintain your affected source, including air pollution control and monitoring equipment, according to the provisions in § 63.6(e)(1)(i). After October 13, 2020 for each such source, and after April 15, 2020 for new and reconstructed sources for which construction or reconstruction commenced after February 4, 2019, 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.


(c) Before October 13, 2020, for each existing source, and for each new or reconstructed source for which construction or reconstruction commenced after April 17, 2003, but before February 5, 2019, you must develop a written startup, shutdown, and malfunction plan according to the provisions in § 63.6(e)(3). For each such source, a startup, shutdown, and malfunction plan is not required after October 13, 2020. No startup, shutdown, and malfunction plan is required for any new or reconstructed source for which construction or reconstruction commenced after February 4, 2019.


(d) All monitoring equipment shall be installed, calibrated, maintained, and operated according to manufacturer’s specifications or other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately. For each monitoring system required in this section, you must develop, implement, and submit to the Administrator a site-specific monitoring plan that addresses the installation requirements in paragraphs (d)(1) through (3) of this section, the ongoing procedures in paragraphs (d)(4) through (6) of this section, and the requirements in § 63.9025, as applicable. You must submit the plan with your Notification of Compliance Status. Upon request of the Administrator, you must promptly correct any deficiencies in a site-specific monitoring plan and submit the revised plan.


(1) Installation of the continuous monitoring system (CMS) sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device).


(2) Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer, and the data collection and reduction system.


(3) Performance evaluation procedures and acceptance criteria (e.g., calibrations).


(4) Before October 13, 2020, for each existing source, and for each new or reconstructed source for which construction or reconstruction commenced after April 17, 2003, but before February 5, 2019, ongoing operation and maintenance (O&M) procedures in accordance with the general requirements of §§ 63.8(c)(1) and (3), (c)(4)(ii), and (c)(7) and (8), and 63.9025. After October 13, 2020 for each such source, and after April 15, 2020 for new and reconstructed sources for which construction or reconstruction commenced after February 4, 2019, ongoing operation and maintenance (O&M) procedures in accordance with the general requirements of §§ 63.8(c)(1)(ii), (c)(3), (c)(4)(ii), and (c)(7) and (8), and 63.9025.


(5) Before October 13, 2020, for each existing source, and for each new or reconstructed source for which construction or reconstruction commenced after April 17, 2003, but before February 5, 2019, ongoing data quality assurance procedures in accordance with the general requirements of § 63.8(d). After October 13, 2020 for each such source, and after April 15, 2020 for new and reconstructed sources for which construction or reconstruction commenced after February 4, 2019, ongoing data quality assurance procedures in accordance with the general requirements of § 63.8(d) except for the requirements related to startup, shutdown, and malfunction plans referenced in § 63.8(d)(3). The owner or operator shall keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, the owner or operator shall keep previous (i.e., superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision to the plan. The program of corrective action should be included in the plan required under § 63.8(d)(2).


(6) Before October 13, 2020, for each existing source, and for each new or reconstructed source for which construction or reconstruction commenced after April 17, 2003, but before February 5, 2019, ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 63.10(c) and (e)(1) and (e)(2)(i). After October 13, 2020 for each such source, and after April 15, 2020 for new and reconstructed sources for which construction or reconstruction commenced after February 4, 2019, ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 63.10(c)(1) through (14) and (e)(1) and (e)(2)(i).


[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 20470, Apr. 20, 2006; 85 FR 20867, Apr. 15, 2020]


Testing and Initial Compliance Requirements

§ 63.9010 By what date must I conduct performance tests?

(a) If you have a new or reconstructed affected source, you must conduct performance tests within 180 calendar days after the compliance date that is specified for your source in § 63.8995(a) and according to the provisions in § 63.7(a)(2).


(b) If you have an existing affected source, you must conduct performance tests within 180 calendar days after the compliance date that is specified for your existing affected source in § 63.8995(b) and according to the provisions in § 63.7(a)(2).


(c) If you commenced construction or reconstruction between September 18, 2001 and April 17, 2003, you must demonstrate initial compliance with either the proposed emission limitation or the promulgated emission limitation no later than 180 calendar days after April 17, 2003 or within 180 calendar days after startup of the source, whichever is later, according to § 63.7(a)(2)(ix).


§ 63.9015 When must I conduct subsequent performance tests?

(a) You must conduct all applicable performance tests according to the procedures in § 63.9020 on the earlier of your title V operating permit renewal or within 5 years of issuance of your title V permit. For emission points meeting the outlet concentration limits in table 1 to this subpart without the use of a control device, all applicable performance tests must also be conducted whenever process changes are made that could reasonably be expected to increase the outlet concentration. Examples of process changes include, but are not limited to, changes in production capacity, production rate, feedstock type, or catalyst type, or whenever there is replacement, removal, or addition of recovery equipment. For purposes of this paragraph, process changes do not include: process upsets and unintentional, temporary process changes.


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


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


§ 63.9020 What performance tests and other procedures must I use?

(a) You must conduct each performance test in Table 3 to this subpart that applies to you as directed in paragraphs (a)(1) through (4) of this section, except as noted in paragraphs (b) and (c) of this section.


(1) You must develop a site-specific test plan according to § 63.7(c)(2) and conduct each performance test according to the site-specific test plan.


(2) Before October 13, 2020, for each existing source, and for each new or reconstructed source for which construction or reconstruction commenced after April 17, 2003, but before February 5, 2019, you must conduct each performance test under representative conditions according to the requirements in § 63.7(e)(1) and under the specific conditions that this subpart specifies in Table 3. After October 13, 2020 for each such source, and after April 15, 2020 for new and reconstructed sources for which construction or reconstruction commenced after February 4, 2019, you must conduct each performance test under conditions representative of normal operations. The owner or operator must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests.


(3) You may not conduct performance tests during periods of startup, shutdown, or malfunction.


(4) You must conduct at least three separate test runs for each performance test required in this section, as specified in § 63.7(e)(3). Each test run must last at least 1 hour.


(b) If you are complying with a percent reduction emission limitation, you must determine the percent reduction in accordance with paragraphs (b)(1) and (2) of this section.


(1) Calculate the mass rate of either HCl or chlorine using Equations 1 and 2 of this section:





where:

Ci, Co = Concentration of HCl or Cl2 in the gas stream at the inlet and outlet of the control device(s), respectively, dry basis, parts per million by volume.

Ei, Eo = Mass rate of HCl or Cl2 at the inlet and outlet of the control device(s), respectively, dry basis, kilogram per hour.

Mi, Mo = Molecular weight of HCl or Cl2 at the inlet and outlet of the control device(s), respectively, gram/gram-mole.

Qi, Qo = Flow rate of gas stream at the inlet and outlet of the control device(s), respectively, dry standard cubic meter per minute.

K2 = Constant, 2.494 × 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 °C.

(2) Calculate the percent reduction of HCl or Cl2 using Equation 3 of this section:





where:

R = Control efficiency of control device(s).

Ei = Mass rate of HCl or Cl2 to the inlet to the control device(s), kilograms per hour.

Eo = Mass rate of HCl or Cl2 at the outlet of the control device(s), kilograms per hour.

(c) You may prepare a design evaluation in lieu of conducting a performance test for HCl storage tanks and HCl transfer operations that are not routed to a control device that also controls HCl process vent emissions or any other continuous vent stream. The design evaluation shall include documentation demonstrating that the control technique being used achieves the required control efficiency when a liquid HCl product with a concentration of 30 weight percent or greater is being loaded into the storage tank, or a tank truck, rail car, ship, or barge.


(1) If you use a caustic scrubber control device or a water scrubber control device, the design evaluation shall address the vent stream composition, constituent concentrations, liquid-to-vapor ratio, scrubbing liquid flow rate and concentration, temperature, and the reaction kinetics of the constituents with the scrubbing liquid. The design evaluation shall establish the design exhaust vent concentration level and shall include the additional information in paragraphs (c)(1)(i) and (ii) of this section for trays and a packed column scrubber.


(i) Type and total number of theoretical and actual trays.


(ii) Type and total surface area of packing for entire column and for individual packed sections, if the column contains more than one packed section.


(2) If you use any other control device, the design evaluation shall address the composition and HAP concentration of the vent stream immediately preceding the control device, as well as other parameters necessary to demonstrate that the control technique being used achieves the required control efficiency when a liquid HCl product with a concentration of 30 weight percent or greater is being loaded into the storage tank, or a tank truck, rail car, ship, or barge.


(d) You are not required to conduct a performance test for an emission point for which a performance test was conducted within the previous 5-year period, using the same test methods specified in this section and for which either no deliberate process changes have been made since the test, or the owner or operator can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes. The operating limits reported under the previous performance test shall be sufficient to meet the monitoring requirements in this subpart.


(e) You must establish all operating limits with which you will demonstrate continuous compliance with the applicable emission limits in Table 1 to this subpart as described in paragraphs (e)(1) through (3) of this section.


(1) If you use a caustic scrubber control device or water scrubber control device and you conduct a performance test, you must establish operating limits according to paragraphs (e)(1)(i) and (ii) of this section. If a series of control devices are used, you must establish separate operating limits for each device.


(i) You must establish the minimum value as the operating limit for scrubber inlet liquid or recirculating liquid flow rate, as appropriate. The minimum value shall be based on the scrubber inlet liquid or recirculating liquid flow rate, as appropriate, values measured during the performance test.


(ii) You must establish the minimum and maximum values as the operating limits for scrubber effluent pH. The minimum and maximum values shall be based on the scrubber effluent pH values measured during the performance test.


(2) If you use any other control device and you conduct a performance test, you must establish operating limits according to your site-specific test plan submitted in accordance with § 63.7(c)(2)(i). The operating limits shall be based on the operating parameter values measured during the performance test. If a series of control devices are used, you must establish separate operating limits for each device.


(3) If you do not conduct a performance test for a HCl storage tank or HCl transfer operation, you must use engineering assessments and/or manufacturer’s recommendations to establish the operating limits specified in paragraphs (e)(1)(i) and (ii), or (e)(2), of this section.


(4) As needed in applicability determinations, you must use ASTM E224 to determine the HCl concentration in liquid products.


[68 FR 19090, Apr. 17, 2003, as amended at 85 FR 20867, Apr. 15, 2020]


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

(a) For each operating parameter that you are required by § 63.9020(e) to monitor, you must install, operate, and maintain each CMS according to the requirements in paragraphs (a)(1) through (6) of this section.


(1) You must operate your CMS and collect data at all times the process is operating.


(2) You must collect data from at least four equally spaced periods each hour.


(3) For at least 75 percent of the operating hours in a 24-hour period, you must have valid data (as defined in your site-specific monitoring plan) for at least 4 equally spaced periods each hour.


(4) For each hour that you have valid data from at least four equally spaced periods, you must calculate the hourly average value using all valid data or, where data are collected from an automated CMS, using at least one measured value per minute if measured more frequently than once per minute.


(5) You must calculate the daily average using all of the hourly averages calculated according to paragraph (a)(4) of this section for the 24-hour period.


(6) You must record the results for each inspection, calibration, and validation check as specified in your site-specific monitoring plan.


(b) For scrubber control devices, you may request approval, in accordance with § 63.8(f), to monitor parameters other than those specified in § 63.9020(e). In accordance with § 63.8(f), you must submit a monitoring plan to the Administrator and the plan must meet the requirements in paragraphs (a) and (b)(1) through (3) of this section. You must conduct monitoring in accordance with the plan submitted to the Administrator unless comments received from the Administrator require an alternate monitoring scheme.


(1) Identify the operating parameter to be monitored to ensure that the control or capture efficiency measured during the initial compliance test is maintained.


(2) Discuss why this parameter is appropriate for demonstrating ongoing compliance.


(3) Identify the specific monitoring procedures.


(c) For any other control device, you must ensure that the CMS is operated according to a monitoring plan submitted to the Administrator as required by § 63.8(f). The monitoring plan must meet the requirements in paragraphs (a) and (c)(1) through (3) of this section. You must conduct monitoring in accordance with the plan submitted to the Administrator, as amended, unless comments received from the Administrator require an alternate monitoring scheme.


(1) Identify the operating parameter to be monitored to ensure that the control or capture efficiency measured during the initial compliance test is maintained.


(2) Discuss why this parameter is appropriate for demonstrating ongoing compliance.


(3) Identify the specific monitoring procedures.


[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17745, Apr. 7, 2006; 85 FR 20868, Apr. 15, 2020]


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

(a) You must demonstrate initial compliance with each emission limit and work practice standard that applies to you according to Table 4 to this subpart.


(b) You must establish each site-specific operating limit in Table 2 to this subpart that applies to you according to the requirements in § 63.9020 and Table 3 to this subpart.


(c) For existing sources and for new or reconstructed sources which commenced construction or reconstruction after April 17, 2003, but before February 5, 2019, before October 13, 2020, you must submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in § 63.9045(f) and (g). After October 13, 2020 for such sources, and after April 15, 2020 for new or reconstructed sources which commence construction or reconstruction after February 4, 2019, you must submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in §§ 63.9045(f) and (g) and 63.9050(d).


[68 FR 19090, Apr. 17, 2003, as amended at 85 FR 20868, Apr. 15, 2020]


Continuous Compliance Requirements

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

(a) You must monitor and collect data according to this section.


(b) If you use a caustic scrubber or a water scrubber/absorber to meet the emission limits in Table 1 to this subpart, you must keep the records specified in paragraphs (b)(1) and (2) of this section to support your compliance demonstration.


(1) Records of daily average scrubber inlet liquid or recirculating liquid flow rate, as appropriate.


(2) Records of the daily average scrubber effluent pH.


(c) If you use any other control device to meet the emission limits in Table 1 to this subpart, you must keep records of the operating parameter values identified in your monitoring plan in § 63.9025(c) to support your compliance demonstration.


(d) Except for monitor malfunctions, associated repairs, and required quality assurance or control activities (including, as applicable, calibration checks and required zero and span adjustments), you must monitor continuously (or collect data at all required intervals) at all times that the affected source is operating. This includes periods of startup, shutdown, or malfunction when the affected source is operating. A monitoring malfunction includes, but is not limited to, any sudden, infrequent, not reasonably preventable failure of the monitoring equipment to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions.


(e) You may not use data recorded during monitoring malfunctions, associated repairs, and required quality assurance or control activities in data averages and calculations used to report emission or operating levels, nor may such data be used in fulfilling a minimum data availability requirement, if applicable. You must use all the data collected during all other periods in assessing the operation of the control device and associated control system.


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

(a) You must demonstrate continuous compliance with each emission limit and work practice standard in Table 1 to this subpart that applies to you according to Table 4 to this subpart.


(b) You must demonstrate continuous compliance with each operating limit in Table 2 of this subpart that applies to you according to Tables 4 and 5 to this subpart.


(c) You must report each instance in which you did not meet an emission limit, work practice standard or operating limit in Table 1 or 2 to this subpart, respectively, that applies to you. This includes periods of startup, shutdown, and malfunction. These instances are deviations from the emission limitations in this subpart. These deviations must be reported according to the requirements in § 63.9050.


(d) [Reserved]


(e) For existing sources and for new or reconstructed sources which commenced construction or reconstruction after April 17, 2003, but before February 5, 2019, before October 13, 2020, consistent with §§ 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 § 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 § 63.6(e). After October 13, 2020 for such sources, and after April 15, 2020 for new and reconstructed sources which commence construction or reconstruction after February 4, 2019, the exemptions for periods of startup, shutdown, and malfunction in § 63.6(e) no longer apply.


(f) An owner or operator may designate a process vent as a maintenance vent if the vent is only used as a result of startup or shutdown, of equipment where equipment is emptied, depressurized, degassed or placed into service. The owner or operator does not need to designate a maintenance vent as a HCl process vent, HCl storage tank vent, or an HCl transfer operation. The owner or operator must comply with the applicable requirements in paragraphs (f)(1) and (2) of this section for each maintenance vent by October 13, 2020 or the date of startup for new and reconstructed sources, whichever is later, unless an extension is requested in accordance with the provisions in § 63.6(i).


(1) Prior to venting to the atmosphere, process liquids must be removed from the equipment as much as practical and the equipment must be washed with water or purged with air or otherwise depressurized to a control device, fuel gas system, or back to the process to remove the HCl and Cl2 until the equipment served by the maintenance vent contains less than 20 pounds of HCl or Cl2.


(2) For maintenance vents complying with the requirements in paragraph (f)(1) of this section, the owner or operator shall demonstrate the mass of HCl or Cl2 in the equipment served by the maintenance vent is less than 20 pounds for each maintenance activity based on the equipment size and contents after considering any contents drained or purged from the equipment. Equipment size may be determined from equipment design specifications. Equipment contents may be determined using process knowledge. The owner or operator must maintain records for five years of the number of maintenance activities for which maintenance vent provisions are used during each reporting period.


[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 20470, Apr. 20, 2006; 85 FR 20868, Apr. 15, 2020]


Notifications, Reports, and Records

§ 63.9045 What notifications must I submit and when?

(a) You must submit all of the notifications in §§ 63.7(b) and (c), 63.8(f)(4) and (6), and 63.9 (b) through (h) that apply to you by the dates specified.


(b) As specified in § 63.9(b)(2), if you start up your affected source before April 17, 2003, you must submit an Initial Notification not later than 120 calendar days after April 17, 2003, or no later than 120 days after the source becomes subject to this subpart, whichever is later.


(c) As specified in § 63.9(b)(4), if you start up your new or reconstructed affected source on or after April 17, 2003, you must submit the application for construction or reconstruction required by § 63.9(b)(1)(iii) in lieu of the initial notification.


(d) You must submit a notification of intent to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin, as required in § 63.7(b)(1).


(e) [Reserved]


(f) You must submit the Notification of Compliance Status, including the performance test results, within 180 calendar days after the applicable compliance dates specified in § 63.8995.


(g) The Notification of Compliance Status must also include the information in paragraphs (g)(1) through (2) of this section that applies to you.


(1) Each operating parameter value averaged over the full period of the performance test (for example, average pH).


(2) Each operating parameter range within which HAP emissions are reduced to the level corresponding to meeting the applicable emission limits in Table 1 to this subpart.


[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17745, Apr. 7, 2006; 85 FR 20868, Apr. 15, 2020; 85 FR 73916, Nov. 19, 2020]


§ 63.9050 What reports must I submit and when?

(a) You must submit a compliance report that includes the information in paragraphs (c) through (e) of this section, as applicable, as specified in table 6 to this subpart.


(b) Unless the Administrator has approved a different schedule for submission of reports under § 63.10(a), you must submit each report according to paragraphs (b)(1) through (5) of this section.


(1) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in § 63.8995 and ending on June 30 or December 31, whichever date is the first date following the end of the first calendar half after the compliance date that is specified for your source in § 63.8995 (i.e., June 30, 2006, for sources existing on April 17, 2006).


(2) The first compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date follows the end of the first calendar half after the compliance date that is specified for your affected source in § 63.8995 (i.e., July 31, 2006, for sources existing on April 17, 2006).


(3) Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31.


(4) Each subsequent compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period.


(5) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6 (a)(3)(iii)(A) or 71.6 (a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (b)(1) through (4) of this section.


(c) The compliance report must contain the following information in paragraphs (c)(1) through (10) of this section.


(1) Company name and address.


(2) Statement by a responsible official with that official’s name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report.


(3) Date of report and beginning and ending dates of the reporting period.


(4) For existing sources and for new or reconstructed sources for which construction or reconstruction commenced after April 17, 2003, but before February 5, 2019, before October 13, 2020, 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 § 63.10(d)(5)(i). A startup, shutdown, and malfunction plan and the information in § 63.10(d)(5)(i) is not required after October 13, 2020.


(5) For existing sources and for new or reconstructed sources which commenced construction or reconstruction after April 17, 2003, but before February 5, 2019, before October 13, 2020, if there are no deviations from any emission limitations that apply to you, a statement that there were no deviations from the emission limitations during the reporting period.


(6) If there were no periods during which the CMS was out-of-control in accordance with the monitoring plan, a statement that there were no periods during which the CMS was out-of-control during the reporting period.


(7) Verification that you continue to use the equipment LDAR plan and information that explains any periods when the procedures in the plan were not followed and the corrective actions were not taken.


(8) If you did not make revisions to your site-specific monitoring plan and/or LDAR plan during the reporting period, a statement that you did not make any revisions to your site-specific monitoring plan and/or LDAR plan during the reporting period. If you made revisions to your site-specific monitoring plan and/or LDAR plan during the reporting period, a copy of the revised plan.


(9) If you meet the outlet concentration limit in table 1 to this subpart without the use of a control device for any emission point, verification that you have not made any process changes that could reasonably be expected to increase the outlet concentration since your most recent performance test for that emission point.


(10) The information specified in paragraphs (c)(10)(i) and (ii) of this section for those planned routine maintenance operations that caused or may cause an HCl storage tank control device not to meet the emission limits in table 1 to this subpart, as applicable.


(i) A description of the planned routine maintenance that was performed for each HCl storage tank control device during the reporting period. This description shall include the type of maintenance performed and the total number of hours during the reporting period that the HCl storage tank control device did not meet the emission limits in table 1 to this subpart, as applicable, due to planned routine maintenance.


(ii) A description of the planned routine maintenance that is anticipated to be performed for each HCl storage tank control device during the next reporting period. This description shall include the type of maintenance necessary, planned frequency of maintenance, and lengths of maintenance periods.


(d) For each deviation from an emission limitation occurring at an affected source where you are using a continuous monitoring system (CMS) to comply with the emission limitation in this subpart, you must include the information in paragraphs (c)(1) through (6) of this section and the following information in paragraphs (d)(1) through (9) of this section and § 63.10(e)(3)(vi). 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 § 63.8(c)(8).


(4) The date and time that each deviation started and stopped, and whether each deviation occurred during a period of startup, shutdown, or malfunction or during another period.


(5) A summary of the total duration of the deviation during the reporting period and the total duration as a percent of the total source operating time during that reporting period.


(6) A breakdown of the total duration of the deviations during the reporting period into those that are due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes.


(7) A summary of the total duration of CMS downtime during the reporting period, and the total duration of CMS downtime as a percent of the total source operating time during that reporting period.


(8) A brief description of the process units.


(9) A description of any changes in CMS, processes, or controls since the last reporting period.


(e) Each affected source that has obtained a title V operating permit pursuant to 40 CFR part 70 or 71 must report all deviations as defined in this subpart in the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A). If an affected source submits a compliance report pursuant to Table 6 to this subpart along with, or as part of, the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A), and the compliance report includes all required information concerning deviations from any emission limitation in this subpart, submission of the compliance report shall be deemed to satisfy any obligation to report the same deviations in the semiannual monitoring report. However, submission of a compliance report shall not otherwise affect any obligation the affected source may have to report deviations from permit requirements to the permit authority.


(f) For existing sources and for new or reconstructed sources which commenced construction or reconstruction after April 17, 2003, but before February 5, 2019, before October 13, 2020, for each startup, shutdown, or malfunction during the reporting period that is not consistent with your startup, shutdown, and malfunction plan you must submit an immediate startup, shutdown and malfunction report. Unless the Administrator has approved a different schedule for submission of reports under § 63.10(a), you must submit each report according to paragraphs (f)(1) and (2) of this section. An immediate startup, shutdown, and malfunction report is not required after October 13, 2020.


(1) An initial report containing a description of the actions taken for the event must be submitted by fax or telephone within 2 working days after starting actions inconsistent with the plan.


(2) A follow-up report containing the information listed in § 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.


(g) 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 (g)(1) through (3) of this section.


(1) 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/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. 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/). The data must be submitted in a file format generated through the use of the EPA’s ERT. Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA’s ERT website.


(2) Data collected using test methods that are not supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the test. Submit the results of the performance test as an attachment in the ERT.


(3) Confidential business information (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 the EPA. The file must be 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. 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 the EPA via the EPA’s CDX as described in paragraph (g)(1) of this section.


(h) Within 60 days after the date of completing each CMS performance evaluation (as defined in § 63.2), you must submit the results of the performance evaluation following the procedures specified in paragraphs (h)(1) through (3) of this section.


(1) Performance evaluations of CMS measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the evaluation. Submit the results of the performance evaluation to the EPA via CEDRI, which can be accessed through the EPA’s CDX. The data must be submitted in a file format generated through the use of the EPA’s ERT. Alternatively, you may submit an electronic file consistent with the XML schema listed on the EPA’s ERT website.


(2) Performance evaluations of CMS measuring RATA pollutants that are not supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the evaluation. Submit the results of the performance evaluation as an attachment in the ERT.


(3) Confidential business information (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 the EPA. The file must be 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. 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 the EPA via the EPA’s CDX as described in paragraph (g)(1) of this section.


(i) You must submit to the Administrator compliance reports. Beginning on April 16, 2021 or 1 year after the appropriate electronic reporting template becomes available on the CEDRI website, whichever is later, submit all subsequent reports following the procedure specified in paragraph (l) of this section.


(j) You must submit to the Administrator performance evaluations. Beginning on April 16, 2021 or 1 year after the appropriate electronic reporting template becomes available on the CEDRI website, whichever is later, submit all subsequent reports following the procedure specified in paragraph (l) of this section.


(k) You must submit to the Administrator a Notification of Compliance Status. Beginning on April 16, 2021 or 1 year after the appropriate electronic reporting template becomes available on the CEDRI website, whichever is later, submit all subsequent reports following the procedure specified in paragraph (l) of this section.


(l) If you are required to submit reports following the procedure specified in this paragraph, you must submit reports to the EPA via CEDRI. CEDRI can be accessed through the 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 the EPA. The report must be generated using the appropriate form 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 the EPA via the EPA’s CDX as described earlier in this paragraph.


(m) If you are required to electronically submit a report through CEDRI in the EPA’s CDX, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (m)(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 the EPA’s CEDRI or CDX systems.


(2) The outage must have occurred within the period of time beginning 5 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 caused a delay in reporting.


(5) You must provide to the Administrator a written description identifying:


(i) The date, time and length of the outage;


(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


(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.


(n) If you are required to electronically submit a report through CEDRI in the EPA’s CDX, you may assert a claim of force majeure for failure to timely comply with the reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (n)(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 5 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 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 19090, Apr. 17, 2003, as amended at 71 FR 17745, Apr. 7, 2006; 85 FR 20868, Apr. 15, 2020]


§ 63.9055 What records must I keep?

(a) You must keep a copy of each notification and report that you submitted to comply with this subpart, including all documentation supporting any Initial Notification or Notification of Compliance Status that you submitted, as required in § 63.10(b)(2)(xiv).


(b) You must also keep the following records specified in paragraphs (b)(1) through (5) of this section.


(1) For existing sources and for new or reconstructed sources which commenced construction or reconstruction after April 17, 2003, but before February 5, 2019, before October 13, 2020, the records in § 63.6(e)(3)(iii) through (v) related to startup, shutdown, and malfunction for a period of 5 years. A startup, shutdown, and malfunction plan is not required after October 13, 2020.


(2) Records of performance tests as required in § 63.10(b)(2)(viii).


(3) Records of operating parameter values that are consistent with your monitoring plan.


(4) Records of the date and time that each deviation started and stopped and whether the deviation occurred during a period of startup, shutdown, or malfunction or during another period.


(5) Copies of the current versions of the site-specific monitoring plan and the equipment LDAR plan. You also must submit copies of these plans and any revisions or updates to the Administrator for comment only (not for approval).


(6) Records of the planned routine maintenance performed on each HCl storage tank control device including the duration of each time the control device does not meet the emission limits in table 1 to this subpart, as applicable, due to planned routine maintenance. Such a record shall include the information specified in paragraphs (b)(6)(i) and (ii) of this section.


(i) The first time of day and date the emission limits in table 1 to this subpart, as applicable, were not met at the beginning of the planned routine maintenance, and


(ii) The first time of day and date the emission limits in table 1 to this subpart, as applicable, were met at the conclusion of the planned routine maintenance.


(c) After October 13, 2020, you must keep records of each deviation specified in paragraphs (c)(1) through (3) of this section.


(1) For each deviation record the date, time, and duration of each deviation.


(2) For each deviation, record and retain a list of the affected sources or equipment, 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.


(3) Record actions taken to minimize emissions in accordance with § 63.9005(b), and any corrective actions taken to return the affected unit to its normal or usual manner of operation.


(d) Any records required to be maintained by this part that are submitted electronically via the 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 the EPA as part of an on-site compliance evaluation.


[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17746, Apr. 7, 2006; 85 FR 20870, Apr. 15, 2020]


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

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


(b) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record.


(c) You must keep each record on site, or readily accessible from on site through a computer or other means, for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to § 63.10(b)(1). You can keep the records off site for the remaining 3 years. Records may be maintained in hard copy or computer-readable format including, but not limited to, on paper, microfilm, hard disk drive, floppy disk, compact disk, magnetic tape, or microfiche.


(d) You must keep each previous (i.e., superseded) version of the site-specific monitoring plan and the LDAR plan for a period of 5 years after revision of the plan. If, at any time after adoption of a site-specific monitoring plan or an LDAR plan, your affected source ceases operation or is otherwise no longer subject to the provisions of this subpart, you must retain a copy of the most recent plan for 5 years from the date your source ceases operation or is no longer subject to this subpart.


Other Requirements and Information

§ 63.9065 What parts of the General Provisions apply to me?

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


§ 63.9070 Who implements and enforces this subpart?

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


(b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under section 40 CFR part 63, subpart E, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and are not transferred to the State, local, or tribal agency.


(c) The authorities in paragraphs (c)(1) through (4) of this section that cannot be delegated to State, local, or tribal agencies are as follows.


(1) Approval of alternatives to requirements in §§ 63.8980, 63.8985, 63.8990, 63.8995, and 63.9000.


(2) Approval of major changes to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90.


(3) Approval of major changes to monitoring under § 63.8(f) and as defined in § 63.90.


(4) Approval of major changes to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90.


§ 63.9075 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act in 40 CFR 63.2 and in this section as follows:


Caustic scrubber control device means any add-on device that mixes an aqueous stream or slurry containing a caustic substance with the exhaust gases from an HCl process vent, HCl storage tank, or HCl transfer operation to control emissions of HCl and/or Cl2.


Chlor-alkali facility means a facility where chlorine and sodium or potassium hydroxide are produced as co-products and hydrogen is produced as a by-product in an electrolytic process using either mercury cells, diaphragm cells, or membrane cells.


Continuous monitoring system, for purposes of the final rule, means liquid flow monitoring devices that meet the performance specifications given in § 63.9025(a); or pH monitoring devices that meet the performance specifications given in § 63.9025(a); or other control devices as mentioned in 63.9025(a) and (b) or § 63.9025(a) and (c).


Control device means an add-on device used to reduce HCl and/or Cl2 emissions from an HCl process vent, HCl storage tank, or HCl transfer operation at an HCl production facility. An HCl production unit is not a control device.


Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source:


(1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emission limitation or work practice standard;


(2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or


(3) Fails to meet any emission limitation or work practice standard in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart.


Emission limitation means any emission limit or operating limit.


Emission stream means a gaseous stream from an HCl process vent, an HCl storage tank, an HCl transfer operation, leaking equipment in HCl service, or HCl wastewater operations that is discharged to the atmosphere. Gaseous streams from HCl process vents, HCl storage tanks, and HCl transfer operations that are routed to another process or recycled for reaction or other use (i.e., for pH control) of the HCl and/or Cl2 are not emission streams. Gaseous streams from HCl transfer operations that are vapor balanced to an HCl storage tank subject to this subpart are not emission streams.


Equipment in HCl service means each pump, compressor, agitator, pressure relief device, sampling connection system, open-ended valve or line, valve, connector, and instrumentation system in an HCl production facility that contains 30 weight percent or greater of liquid HCl or 5 weight percent or greater of gaseous HCl at any time.


HCl process vent means the point of discharge to the atmosphere, or point of entry into a control device, of a gaseous stream that originates from an HCl production unit. The following points of discharge are not HCl process vents:


(1) A leak from equipment in HCl service subject to this subpart.


(2) An exit from a control device used to comply with this subpart.


(3) An HCl storage tank vent or HCl transfer operation vent subject to this subpart.


(4) A HCl wastewater operation vent subject to this subpart.


(5) A point of discharge from a relief valve.


(6) A point of discharge from an analyzer.


HCl production facility is defined in § 63.8985(a)(1).


HCl production unit means an absorber or other vessel in which a liquid HCl product is manufactured by absorbing gaseous HCl into either water or an aqueous HCl solution.


HCl storage tank means a tank or other vessel that is used to store liquid HCl product. Tanks or vessels permanently attached to motor vehicles (such as trucks, railcars, barges, or ships) are not HCl storage tanks.


HCl transfer operation means the loading, into a tank truck, railcar, ship, or barge, of liquid HCl from a transfer (or loading) rack (as defined in this section) for which the predominant use is liquid HCl. The predominant use of a transfer (or loading) rack is the material that is loaded by the transfer (or loading) rack in the greatest amount.


HCl wastewater operation means an operation that handles and processes water containing HCl that is discarded from an HCl production facility.


Plant site means all contiguous or adjoining property that is under common control, including properties that are separated only by a road or other public right-of-way. Common control includes properties that are owned, leased, or operated by the same entity, parent entity, subsidiary, or any combination thereof.


Research and development facility means laboratory and pilot plant operations whose primary purpose is to conduct research and development into new processes and products, where the operations are under close supervision of technically trained personnel, and the operations are not engaged in the manufacture of products for commercial sale, except in a de minimis manner.


Responsible official means responsible official as defined in 40 CFR 70.2 of this chapter.


Transfer (or loading) rack means the collection of loading arms and loading hoses, at a single loading rack, that are used to fill tank trucks, railcars, ships, and/or barges. Transfer rack includes the associated pumps, meters, shutoff valves, relief valves, and other piping and valves.


Vapor balanced means connected to a piping system that is designed to collect vapors displaced from tank trucks, rail cars, ships, or barges during loading, and to route the collected vapors to the storage vessel from which the liquid being loaded originated, or to another storage vessel connected by a common header.


Vent means the point of discharge to the atmosphere or to a control device from either an HCl process vent, an HCl storage tank, or an HCl transfer operation.


Water scrubber control device means any add-on device that mixes an aqueous stream not containing a caustic substance with the exhaust gases from an HCl process vent, HCl storage tank, or HCl transfer operation to control emissions of HCl and/or Cl2.


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


Table 1 to Subpart NNNNN of Part 63 – Emission Limits and Work Practice Standards

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


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

[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17746, Apr. 7, 2006; 85 FR 20870, Apr. 15, 2020]


Table 2 to Subpart NNNNN of Part 63 – Operating Limits

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


For each . . .
You must . . .
1. Caustic scrubber or water scrubber/absorbera. Maintain the daily average scrubber inlet liquid or recirculating liquid flow rate, as appropriate, above the operating limit; and

b. Maintain the daily average scrubber effluent pH within the operating limits; or

c. Instead of a. and b., maintain your operating parameter(s) within the operating limits established according to your monitoring plan established under § 63.8(f).
2. Other type of control device to which HCl emissions are ductedMaintain your operating parameter(s) within the limits established during the performance test and according to your monitoring plan.

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

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


For each HCl process vent and each HCl storage tank and HCl transfer operation for which you are conducting a performance test, you must . . .
Using . . .
Additional Information . . .
1. Select sampling port location(s) and the number of traverse pointsa. Method 1 or 1A in appendix A to 40 CFR part 60 of this chapteri. If complying with a percent reduction emission limitation, sampling sites must located at the inlet and outlet of the control device prior to any releases to the atmosphere (or, if a series of control devices are used, at the inlet of the first control device and at the outlet of the final control device prior to any releases to the atmosphere); or
ii. If complying with an outlet concentration emission limitation, the sampling site must be located at the outlet of the final control device and prior to any releases to the atmosphere or, if no control device is used, prior to any releases to the atmosphere.
2. Determine velocity and volumetric flow rateMethod 2, 2A, 2C, 2D, 2F, or 2G in appendix A to 40 CFR part 60 of this chapter.
3. Determine gas molecular weighta. Not applicablei. Assume a molecular weight of 29 (after moisture correction) for calculation purposes.
4. Measure moisture content of the stack gasMethod 4 in appendix A to 40 CFR part 60 of this chapter.
5. Measure HCl concentration and Cl2 concentration from HCl process ventsa. Method 26A in appendix A to 40 CFR part 60 of this chapteri. An owner or operator may be exempted from measuring the Cl2 concentration from an HCl process vent provided that a demonstration that Cl2 is not likely to be present in the stream is submitted as part of the site-specific test plan required by § 63.9020(a)(2). This demonstration may be based on process knowledge, engineering judgment, or previous test results.
6. Establish operating limits with which you will demonstrate continuous compliance with the emission limits in Table 1 to this subpart, in accordance with § 63.9020(e)(1) or (2).

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


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

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


For each . . .
For the following emission limit or work practice standard . . .
You have demonstrated initial compliance if . . .
1. HCl process vent and each HCl storage tank and HCl transfer operation for which you are conducting a performance testa. In Table 1 to this subparti. The average percent reduction of HCl and Cl2 (if applicable), measured over the period of the performance test conducted according to Table 3 of this subpart and determined in accordance with § 63.9020(b), is greater than or equal to the applicable percent reduction emission limitation specified in Table 1 of this subpart; or
ii. The average HCl and Cl2 (if applicable) concentration, measured over the period of the performance test conducted according to Table 3 of this subpart, is less than or equal to the applicable concentration emission limitation specified in Table 1 of this subpart.
2. HCl storage tank and HCl transfer operation for which you are preparing a design evaluation in lieu of conducting a performance testa. In Table 1 to this subparti. The percent reduction of HCl, demonstrated by a design evaluation prepared in accordance with § 63.9020(c), is greater than or equal to the applicable percent reduction emission limitation specified in Table 1 of this subpart; or
ii. The HCl concentration, demonstrated by a design evaluation prepared in accordance with § 63.9020(c), is less than or equal to the applicable concentration emission limitation specified in Table 1 of this subpart.
3. Leaking equipmenta. In Table 1 to this subparti. You certify in your Notification of Compliance Status that you have developed and implemented your LDAR plan and submitted it to the Administrator for comment only.

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

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


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

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


Table 6 to Subpart NNNNN of Part 63 – Requirements for Reports

As stated in § 63.9050(a), you must submit a compliance report that includes the information in § 63.9050(c) through (e) as well as the information in the following table. For existing sources and for new or reconstructed sources which commenced construction or reconstruction after April 17, 2003, but before February 5, 2019, before October 13, 2020, you must also submit startup, shutdown, and malfunction reports according to the requirements in § 63.9050(f) and the following table. A startup, shutdown, and malfunction plan is not required after October 13, 2020.


Table 6 to Subpart NNNNN of Part 63 – Requirements for Reports

If . . .
Then you must submit a report or statement that:
1. There are no deviations from any emission limitations that apply to youThere were no deviations from any emission limitations that apply to you during the reporting period. Include this statement in the compliance report.
2. There were no periods during which the operating parameter monitoring systems were out-of-control in accordance with the monitoring planThere were no periods during which the CMS were out-of-control during the reporting period. Include this statement in the compliance report.
3. There was a deviation from any emission limitation during the reporting periodContains the information in § 63.9050(d). Include this statement in the compliance report.
4. There were periods during which the operating parameter monitoring systems were out-of-control in accordance with the monitoring planContains the information in § 63.9050(d). Include this statement in the compliance report.
5. There was a startup, shutdown, and malfunction during the reporting period that is not consistent with your startup, shutdown, and malfunction planFor existing sources and for new or reconstructed sources which commenced construction or reconstruction after April 17, 2003, but before February 5, 2019, before October 13, 2020, contains the information in § 63.9050(f). Include this statement in the compliance report. A startup, shutdown, and malfunction plan is not required after October 13, 2020.
6. There were periods when the procedures in the LDAR plan were not followedContains the information in § 63.9050(c)(7). Include this statement in the compliance report.

[85 FR 20870, Apr. 15, 2020]


Table 7 to Subpart NNNNN of Part 63 – Applicability of General Provisions to Subpart NNNNN

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


Citation
Requirement
Applies to subpart NNNNN
Explanation
§ 63.1Initial applicability determination; applicability after standard established; permit requirements; extensions; notificationsYes.
§ 63.2DefinitionsYesAdditional definitions are found in § 63.9075.
§ 63.3Units and abbreviationsYes.
§ 63.4Prohibited activities; compliance date; circumvention, severabilityYes.
§ 63.5Construction/reconstruction applicability; applications; approvalsYes.
§ 63.6(a)Compliance with standards and maintenance requirements-applicabilityYes.
§ 63.6(b)(1)-(4)Compliance dates for new or reconstructed sourcesYes§ 63.8995 specifies compliance dates.
§ 63.6(b)(5)Notification if commenced construction or reconstruction after proposalYes.
§ 63.6(b)(6)[Reserved]Yes.
§ 63.6(b)(7)Compliance dates for new or reconstructed area sources that become majorYes§ 63.8995 specifies compliance dates.
§ 63.6(c)(1)-(2)Compliance dates for existing sourcesYes§ 63.8995 specifies compliance dates.
§ 63.6(c)(3)-(4)[Reserved]Yes.
§ 63.6(c)(5)Compliance dates for existing area sources that become majorYes§ 63.8995 specifies compliance dates.
§ 63.6(d)[Reserved]Yes.
§ 63.6(e)(1)(i)General Duty to minimize emissionsNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafterSubpart NNNNN requires affected units to meet emissions standards at all times. See § 63.9005(b) for general duty requirement.
§ 63.6(e)(1)(ii)Requirement to correct malfunctions ASAPNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
§ 63.6(e)(1)(iii)-(e)(2)Operation and maintenance requirementsYes
§ 63.6(e)(3)Startup, Shutdown, and Malfunction PlansNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
§ 63.6(f)(1)Compliance except during startup, shutdown, and malfunctionNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
§ 63.6(f)(2)-(3)Methods for determining complianceYes.
§ 63.6(g)Use of an alternative non-opacity emission standardYes.
§ 63.6(h)Compliance with opacity/visible emission standardsNoSubpart NNNNN does not specify opacity or visible emission standards.
§ 63.6(i)Extension of compliance with emission standardsYes.
§ 63.6(j)Presidential compliance exemptionYes.
§ 63.7(a)(1)-(2)Performance test datesYesExcept for existing affected sources as specified in § 63.9010(b).
§ 63.7(a)(3)Administrator’s Clean Air Act section 114 authority to require a performance testYes.
§ 63.7(b)Notification of performance test and reschedulingYes.
§ 63.7(c)Quality assurance program and site-specific test plansYes.
§ 63.7(d)Performance testing facilitiesYes.
§ 63.7(e)(1)Conditions for conducting performance testsNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafterSee § 63.9020(a) for performance testing requirements.
§ 63.7(f)Use of an alternative test methodYes.
§ 63.7(g)Performance test data analysis, recordkeeping, and reportingYes.
§ 63.7(h)Waiver of performance testsYes.
§ 63.8(a)(1)-(3)Applicability of monitoring requirementsYesAdditional monitoring requirements are found in § 63.9005(d) and 63.9035.
63.8(a)(4)Monitoring with flaresNoSubpart NNNNN does not refer directly or indirectly to § 63.11.
§ 63.8(b)Conduct of monitoring and procedures when there are multiple effluents and multiple monitoring systemsYes.
§ 63.8(c)(1)(i)General duty to minimize emissions and CMS operationNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
§ 63.8(c)(1)(ii)Continuous monitoring system O&MYesApplies as modified by § 63.9005(d).
§ 63.8(c)(1)(iii)Requirement to develop Startup, Shutdown, and Malfunction Plan for CMSNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
§ 63.8(c)(2)-(3)Continuous monitoring system O&MYesApplies as modified by § 63.9005(d)
§ 63.8(c)(4)Continuous monitoring system requirements during breakdown, out-of-control, repair, maintenance, and high-level calibration driftsYesApplies as modified by § 63.9005(d).
§ 63.8(c)(5)Continuous opacity monitoring system (COMS) minimum proceduresNoSubpart NNNNN does not have opacity or visible emission standards.
§ 63.8(c)(6)Zero and high level calibration checksYesApplies as modified by § 63.9005(d).
§ 63.8(c)(7)-(8)Out-of-control periods, including reportingYes.
§ 63.8(d)(1)-(2)Quality control program and CMS performance evaluationYesApplies as modified by § 63.9005(d).
§ 63.8(d)(3)Written procedures for CMSNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafterSee § 63.9005(d)(5) for written procedures for CMS.
§ 63.8(e)Performance evaluation of CMSYesApplies as modified by § 63.9005(d).
§ 63.8(f)(1)-(5)Use of an alternative monitoring methodYes.
§ 63.8(f)(6)Alternative to relative accuracy testNoOnly applies to sources that use continuous emissions monitoring systems (CEMS).
§ 63.8(g)Data reductionYesApplies as modified by § 63.9005(d).
§ 63.9(a)Notification requirements – applicabilityYes.
§ 63.9(b)Initial notificationsYesExcept § 63.9045(c) requires new or reconstructed affected sources to submit the application for construction or reconstruction required by § 63.9(b)(1)(iii) in lieu of the initial notification.
§ 63.9(c)Request for compliance extensionYes.
§ 63.9(d)Notification that a new source is subject to special compliance requirementsYes.
§ 63.9(e)Notification of performance testYes.
§ 63.9(f)Notification of visible emissions/opacity testNoSubpart NNNNN does not have opacity or visible emission standards.
§ 63.9(g)(1)Additional CMS notifications – date of CMS performance evaluationYes.
§ 63.9(g)(2)Use of COMS dataNoSubpart NNNNN does not require the use of COMS.
§ 63.9(g)(3)Alternative to relative accuracy testingNoApplies only to sources with CEMS.
§ 63.9(h)Notification of compliance statusYesExcept the submission date specified in § 63.9(h)(2)(ii) is superseded by the date specified in § 63.9045(f).
§ 63.9(i)Adjustment of submittal deadlinesYes.
§ 63.9(j)Change in previous informationYes.
§ 63.9(k)Electronic reporting proceduresYesOnly as specified in § 63.9(j).
§ 63.10(a)Recordkeeping/reporting applicabilityYes.
§ 63.10(b)(1)General recordkeeping requirementsYes§§ 63.9055 and 63.9060 specify additional recordkeeping requirements.
§ 63.10(b)(2)(i)-(ii)Records related to startup, shutdown, and malfunction periodsNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafterSee 63.9055 for recordkeeping of (1) date, time and duration; (2) listing of affected source or equipment, and an estimate of the quantity of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure.
§ 63.10(b)(2)(iii)Maintenance RecordsYes
§ 63.10(b)(2)(iv)Actions taken to minimize emissions during startup, shutdown, and malfunctionNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
§ 63.10(b)(2)(v)Actions taken to minimize emissions during startup, shutdown, and malfunctionNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
§ 63.10(b)(2)(vi)Recordkeeping for CMS malfunctionsYes
§ 63.10(b)(2)(vii)-(xi)Records for performance tests and CMSYes
§ 63.10(b)(2)(xii)Records when under waiverYes.
§ 63.10(b)(2)(xiii)Records when using alternative to relative accuracy testNoApplies only to sources with CEMS.
§ 63.10(b)(2)(xiv)All documentation supporting initial notification and notification of compliance statusYes.
§ 63.10(b)(3)Recordkeeping requirements for applicability determinationsYes.
§ 63.10(c)(1)-(14)Additional recordkeeping requirements for sources with CMSYesApplies as modified by § 63.9005 (d).
§ 63.10(c)(15)Use of Startup, Shutdown, and Malfunction PlanNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
§ 63.10(d)(1)General reporting requirementsYes§ 63.9050 specifies additional reporting requirements.
§ 63.10(d)(2)Performance test resultsYes§ 63.9045(f) specifies submission date.
§ 63.10(d)(3)Opacity or visible emissions observationsNoSubpart NNNNN does not specify opacity or visible emission standards.
§ 63.10(d)(4)Progress reports for sources with compliance extensionsYes.
§ 63.10(d)(5)Startup, shutdown, and malfunction reportsNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafterSee § 63.9050(c)(5) for malfunction reporting requirements.
§ 63.10(e)(1)Additional CMS reports – generalYesApplies as modified by § 63.9005(d).
§ 63.10(e)(2)(i)Results of CMS performance evaluationsYesApplies as modified by § 63.9005(d).
§ 63.10(e)(2)Results of COMS performance evaluationsNoSubpart NNNNN does not require the use of COMS.
§ 63.10(e)(3)Excess emissions/CMS performance reportsYes.
§ 63.10(e)(4)Continuous opacity monitoring system data reportsNoSubpart NNNNN does not require the use of COMS.
§ 63.10(f)Recordkeeping/reporting waiverYes.
§ 63.11Control device requirements – applicabilityNoFacilities subject to subpart NNNNN do not use flares as control devices.
§ 63.12State authority and delegationsYes§ 63.9070 lists those sections of subparts NNNNN and A that are not delegated.
§ 63.13AddressesYes.
§ 63.14Incorporation by referenceYesSubpart NNNNN does not incorporate any material by reference.
§ 63.15Availability of information/confidentialityYes.

[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17748, Apr. 7, 2006; 85 FR 20871, Apr. 15, 2020; 85 FR 73916, Nov. 19, 2020]


Subpart OOOOO [Reserved]

Subpart PPPPP – National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands


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

What This Subpart Covers

§ 63.9280 What is the purpose of subpart PPPPP?

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


§ 63.9285 Am I subject to this subpart?

You are subject to this subpart if you own or operate an engine test cell/stand that is located at a major source of HAP emissions.


(a) An engine test cell/stand is any apparatus used for testing uninstalled stationary or uninstalled mobile (motive) engines.


(b) An uninstalled engine is an engine that is not installed in, or an integrated part of, the final product.


(c) A major source of HAP emissions is a plant site that emits or has the potential to emit any single HAP at a rate of 10 tons (9.07 megagrams) or more per year or any combination of HAP at a rate of 25 tons (22.68 megagrams) or more per year.


§ 63.9290 What parts of my plant does this subpart cover?

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


(a) Affected source. An affected source is the collection of all equipment and activities associated with engine test cells/stands used for testing uninstalled stationary or uninstalled mobile (motive) engines located at a major source of HAP emissions.


(1) Existing affected source. An affected source is existing if you commenced construction or reconstruction of the affected source on or before May 14, 2002. A change in ownership of an existing affected source does not make that affected source a new or reconstructed affected source.


(2) New affected source. An affected source is new if you commenced construction of the affected source after May 14, 2002.


(3) Reconstructed affected source. An affected source is reconstructed if you meet the definition of reconstruction in § 63.2 of subpart A of this part and reconstruction is commenced after May 14, 2002. Changes made to an existing affected source primarily for the purpose of complying with revisions to engine testing requirements under 40 CFR parts 80, 86, 89, 90, 91, or 92 are not considered a modification or reconstruction. In addition, passive measurement and control instrumentation and electronics are not included as part of any affected source reconstruction evaluation.


(b) Existing affected sources do not have to meet the requirements of this subpart and of subpart A of this part.


(c) Any portion of a new or reconstructed affected source located at a major source that is used exclusively for testing internal combustion engines with rated power of less than 25 horsepower (hp) (19 kilowatts(kW)) does not have to meet the requirements of this subpart and of subpart A of this part except for the initial notification requirements of § 63.9345(b).


(d) Any portion of a new or reconstructed affected source located at a major source that meets any of the criteria specified in paragraphs (d)(1) through (4) of this section does not have to meet the requirements of this subpart and of subpart A of this part.


(1) Any portion of the affected source used exclusively for testing combustion turbine engines.


(2) Any portion of the affected source used exclusively for testing rocket engines.


(3) Any portion of the affected source used in research and teaching activities at facilities that are not engaged in the development of engines or engine test services for commercial purposes.


(4) Any portion of the affected source operated to test or evaluate fuels (such as knock engines), transmissions, or electronics.


§ 63.9295 When do I have to comply with this subpart?

(a) Affected sources. (1) If you start up your new or reconstructed affected source before May 27, 2003, you must comply with the emission limitations in this subpart no later than May 27, 2003; except that the compliance date for the requirements promulgated at §§ 63.9295, 63.9305, 63.9340, 63.9350, 63.9355, 63.9375, and Table 7 of 40 CFR part 63, subpart PPPPP, revised on June 3, 2020 is December 1, 2020.


(2) If you start up your new or reconstructed affected source on or after May 27, 2003, you must comply with the emission limitations in this subpart upon startup; except that if the initial startup of your new or reconstructed affected source occurs after May 27, 2003, but on or before May 8, 2019, the compliance date for the requirements promulgated at §§ 63.9295, 63.9305, 63.9340, 63.9350, 63.9355, 63.9375, and Table 7 of this subpart as revised on June 3, 2020 is December 1, 2020.


(3) If the initial startup of your new or reconstructed affected source occurs after May 8, 2019, the compliance date is June 3, 2020 or the date of startup, whichever is later.


(b) Area sources that become major sources. If your new or reconstructed affected source is located at an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP, your new or reconstructed affected source must be in compliance with this subpart when the area source becomes a major source.


(c) You must meet the notification requirements in § 63.9345 and in 40 CFR part 63, subpart A.


[68 FR 28785, May 27, 2003, as amended at 85 FR 34345, June 3, 2020]


Emission Limitations

§ 63.9300 What emission limitations must I meet?

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


§ 63.9301 What are my options for meeting the emission limits?

You may use either a continuous parameter monitoring system (CPMS) or a continuous emission monitoring system (CEMS) to demonstrate compliance with the emission limitations. Continuous monitoring systems must meet the requirements in § 63.9306 (CPMS) and § 63.9307 (CEMS).


§ 63.9302 What operating limits must I meet?

(a) For any new or reconstructed affected source on which you use add-on controls, you must meet the operating limits specified in Table 2 to this subpart. These operating limits must be established during the performance test according to the requirements in § 63.9324. You must meet the operating limits at all times after you establish them.


(b) If you use an add-on control device other than those listed in Table 2 to this subpart, or wish to monitor an alternative parameter and comply with a different operating limit, you must apply to the Administrator for approval of alternative monitoring under § 63.8(f).


General Compliane Requirements

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

(a) Prior to December 1, 2020, you must be in compliance with the emission limitation that applies to you at all times, except during periods of startup, shutdown, or malfunction (SSM) of your control device or associated monitoring equipment. On and after December 1, 2020, you must be in compliance with the applicable emission limitation at all times.


(b) If you must comply with the emission limitation, you must operate and maintain your engine test cell/stand, air pollution control equipment, and monitoring equipment in a manner consistent with safety and good air pollution control practices for minimizing emissions at all times. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether 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) For affected sources prior to December 1, 2020, you must develop a written SSM plan (SSMP) for emission control devices and associated monitoring equipment according to the provisions in § 63.6(e)(3). The plan will apply only to emission control devices, and not to engine test cells/stands.


[85 FR 34345, June 3, 2020]


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

(a) General. You must install, operate, and maintain each CPMS specified in paragraphs (c) and (d) of this section according to paragraphs (a)(1) through (7) of this section. You must install, operate, and maintain each CPMS specified in paragraph (b) of this section according to paragraphs (a)(3) through (5) of this section.


(1) The CPMS must complete a minimum of one cycle of operation for each successive 15-minute period. You must have a minimum of four equally spaced successive cycles of CPMS operation in 1 hour.


(2) You must determine the average of all recorded readings for each successive 3-hour period of the emission capture system and add-on control device operation.


(3) You must record the results of each inspection, calibration, and validation check of the CPMS.


(4) You must maintain the CPMS at all times and have available necessary parts for routine repairs of the monitoring equipment.


(5) You must operate the CPMS and collect emission capture system and add-on control device parameter data at all times that an engine test cell/stand is operating, except during monitoring malfunctions, associated repairs, and required quality assurance or control activities (including, if applicable, calibration checks and required zero and span adjustments).


(6) You must not use emission capture system or add-on control device parameter data recorded during monitoring malfunctions, associated repairs, out-of-control periods, or required quality assurance or control activities when calculating data averages. You must use all the data collected during all other periods in calculating the data averages for determining compliance with the emission capture system and add-on control device operating limits.


(7) A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the CPMS to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions. Any period for which the monitoring system is out-of-control and data are not available for required calculations is a deviation from the monitoring requirements.


(b) Capture system bypass line. You must meet the requirements of paragraphs (b)(1) and (2) of this section for each emission capture system that contains bypass lines that could divert emissions away from the add-on control device to the atmosphere.


(1) You must monitor or secure the valve or closure mechanism controlling the bypass line in a nondiverting position in such a way that the valve or closure mechanism cannot be opened without creating a record that the valve was opened. The method used to monitor or secure the valve or closure mechanism must meet one of the requirements specified in paragraphs (b)(1)(i) through (iv) of this section.


(i) Flow control position indicator. Install, calibrate, maintain, and operate according to the manufacturer’s specifications a flow control position indicator that takes a reading at least once every 15 minutes and provides a record indicating whether the emissions are directed to the add-on control device or diverted from the add-on control device. The time of occurrence and flow control position must be recorded, as well as every time the flow direction is changed. The flow control position indicator must be installed at the entrance to any bypass line that could divert the emissions away from the add-on control device to the atmosphere.


(ii) Car-seal or lock-and-key valve closures. Secure any bypass line valve in the closed position with a car-seal or a lock-and-key type configuration. You must visually inspect the seal or closure mechanism at least once every month to ensure that the valve is maintained in the closed position, and the emissions are not diverted away from the add-on control device to the atmosphere.


(iii) Valve closure monitoring. Ensure that any bypass line valve is in the closed (nondiverting) position through monitoring of valve position at least once every 15 minutes. You must inspect the monitoring system at least once every month to verify that the monitor will indicate valve position.


(iv) Automatic shutdown system. Use an automatic shutdown system in which the engine testing operation is stopped when flow is diverted by the bypass line away from the add-on control device to the atmosphere when an engine test cell/stand is operating. You must inspect the automatic shutdown system at least once every month to verify that it will detect diversions of flow and shut down the engine test cell/stand in operation.


(2) If any bypass line is opened, you must include a description of why the bypass line was opened and the length of time it remained open in the semiannual compliance reports required in § 63.9350.


(c) Thermal oxidizers and catalytic oxidizers. If you are using a thermal oxidizer or catalytic oxidizer as an add-on control device, you must comply with the requirements in paragraphs (c)(1) through (3) of this section.


(1) For a thermal oxidizer, install a gas temperature monitor in the firebox of the thermal oxidizer or in the duct immediately downstream of the firebox before any substantial heat exchange occurs.


(2) For a catalytic oxidizer, you must install a gas temperature monitor in the gas stream immediately before the catalyst bed, and if you established operating limits according to § 63.9324(b)(1) and (2), also install a gas temperature monitor in the gas stream immediately after the catalyst bed.


(i) If you establish operating limits according to § 63.9324(b)(1) and (2), then you must install the gas temperature monitors both upstream and downstream of the catalyst bed. The temperature monitors must be in the gas stream immediately before and after the catalyst bed to measure the temperature difference across the bed.


(ii) If you establish operating limits according to § 63.9324(b)(3) and (4), then you must install a gas temperature monitor upstream of the catalyst bed. The temperature monitor must be in the gas stream immediately before the catalyst bed to measure the temperature.


(3) For all thermal oxidizers and catalytic oxidizers, you must meet the requirements in paragraphs (a) and (c)(3)(i) through (vii) of this section for each gas temperature monitoring device.


(i) Locate the temperature sensor in a position that provides a representative temperature.


(ii) Use a temperature sensor with a measurement sensitivity of 4 degrees Fahrenheit or 0.75 percent of the temperature value, whichever is larger.


(iii) Shield the temperature sensor system from electromagnetic interference and chemical contaminants.


(iv) If a gas temperature chart recorder is used, it must have a measurement sensitivity in the minor division of at least 20 degrees Fahrenheit.


(v) Perform an electronic calibration at least semiannually according to the procedures in the manufacturer’s owner’s manual. Following the electronic calibration, you must conduct a temperature sensor validation check in which a second or redundant temperature sensor placed near the process temperature sensor must yield a reading within 30 degrees Fahrenheit of the process temperature sensor reading.


(vi) Conduct calibration and validation checks anytime the sensor exceeds the manufacturer’s specified maximum operating temperature range or install a new temperature sensor.


(vii) At least monthly, inspect components for integrity and electrical connections for continuity, oxidation, and galvanic corrosion.


(d) Emission capture systems. The capture system monitoring system must comply with the applicable requirements in paragraphs (d)(1) and (2) of this section.


(1) For each flow measurement device, you must meet the requirements in paragraphs (a) and (d)(1)(i) through (iv) of this section.


(i) Locate a flow sensor in a position that provides a representative flow measurement in the duct from each capture device in the emission capture system to the add-on control device.


(ii) Reduce swirling flow or abnormal velocity distributions due to upstream and downstream disturbances.


(iii) Conduct a flow sensor calibration check at least semiannually.


(iv) At least monthly, inspect components for integrity, electrical connections for continuity, and mechanical connections for leakage.


(2) For each pressure drop measurement device, you must comply with the requirements in paragraphs (a) and (d)(2)(i) through (vi) of this section.


(i) Locate the pressure sensor(s) in or as close to a position that provides a representative measurement of the pressure drop across each opening you are monitoring.


(ii) Minimize or eliminate pulsating pressure, vibration, and internal and external corrosion.


(iii) Check pressure tap pluggage daily.


(iv) Using an inclined manometer with a measurement sensitivity of 0.0002 inch water, check gauge calibration quarterly and transducer calibration monthly.


(v) Conduct calibration checks any time the sensor exceeds the manufacturer’s specified maximum operating pressure range or install a new pressure sensor.


(vi) At least monthly, inspect components for integrity, electrical connections for continuity, and mechanical connections for leakage.


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

(a) You must install, operate, and maintain each CEMS to monitor carbon monoxide (CO) or total hydrocarbons (THC) and oxygen (O2) at the outlet of the exhaust system of the engine test cell/stand or at the outlet of the emission control device.


(b) To comply with the CO or THC percent reduction emission limitation, you may install, operate, and maintain a CEMS to monitor CO or THC and O2 at both the inlet and the outlet of the emission control device.


(c) To comply with either emission limitations, the CEMS must be installed and operated according to the requirements described in paragraphs (c)(1) through (4) of this section.


(1) You must install, operate, and maintain each CEMS according to the applicable Performance Specification (PS) of 40 CFR part 60, appendix B (PS- 3, PS-4A, or PS-8).


(2) You must conduct a performance evaluation of each CEMS according to the requirements in 40 CFR 63.8 and according to PS-3 of 40 CFR part 60, appendix B, using Reference Method 3A or 3B for the O2 CEMS, and according to PS-4A of 40 CFR part 60, appendix B, using Reference Method 10 or 10B for the CO CEMS, and according to PS-8 of CFR part 60, appendix B, using Reference Method 25A for the THC CEMS. If the fuel used in the engines being tested is natural gas, you may use ASTM D 6522-00, Standard Test Method for Determination of Nitrogen Oxides, Carbon Monoxide and Oxygen Concentrations in Emissions from Natural Gas Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable Analyzers (incorporated by reference, see § 63.14). As an alternative to Method 3B, you may use ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus],” (incorporated by reference, see § 63.14).


(3) As specified in § 63.8(c)(4)(ii), each CEMS must complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period. You must have at least two data points, each representing a different 15-minute period within the same hour, to have a valid hour of data.


(4) All CEMS data must be reduced as specified in § 63.8(g)(2) and recorded as CO or THC as carbon concentration in parts per million by volume, dry basis (ppmvd), corrected to 15 percent O2 content.


(d) If you have CEMS that are subject to paragraph (a) or (b) of this section, you must properly maintain and operate the monitors continuously according to the requirements described in paragraphs (d)(1) and (2) of this section.


(1) Proper maintenance. You must maintain the monitoring equipment at all times that the engine test cell/stand is operating, including but not limited to, maintaining necessary parts for routine repairs of the monitoring equipment.


(2) Continued operation. You must operate your CEMS according to paragraphs (d)(2)(i) and (ii) of this section.


(i) You must conduct all monitoring in continuous operation at all times that the engine test cell/stand is operating, except for, as applicable, monitoring malfunctions, associated repairs, and required quality assurance or control activities (including, as applicable, calibration drift checks and required zero and high-level adjustments). Quality assurance or control activities must be performed according to procedure 1 of 40 CFR part 60, appendix F.


(ii) Data recorded during monitoring malfunctions, associated repairs, out-of-control periods, and required quality assurance or control activities must not be used for purposes of calculating data averages. You must use all of the data collected from all other periods in assessing compliance. A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring equipment to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions. Any period for which the monitoring system is out-of-control and data are not available for required calculations constitutes a deviation from the monitoring requirements.


[68 FR 28785, May 27, 2003, as amended at 85 FR 34345, June 3, 2020]


Testing and Initial Compliance Requirements

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

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


§ 63.9320 What procedures must I use?

(a) You must conduct each initial compliance demonstration that applies to you in Table 3 to this subpart.


(b) You must conduct an initial performance evaluation of each capture and control system according to §§ 63.9321, 63.9322, 63.9323 and 63.9324, and each CEMS according to the requirements in 40 CFR 63.8 and according to the applicable Performance Specification of 40 CFR part 60, appendix B (PS-3, PS-4A, or PS-8).


(c) The initial demonstration of compliance with the carbon monoxide (CO) or THC concentration limitation consists of either the first 4-hour rolling average CO or THC concentration recorded after completion of the CEMS performance evaluation if CEMS are installed or the average of the test run averages during the initial performance test. You must correct the CO or THC concentration at the outlet of the engine test cell/stand or the emission control device to a dry basis and to 15 percent O2 content according to Equation 1 of this section:




Where:

Cc = concentration of CO or THC, corrected to 15 percent oxygen, ppmvd

Cunc = total uncorrected concentration of CO or THC, ppmvd

%O2d = concentration of oxygen measured in gas stream, dry basis, percent by volume

(d) The initial demonstration of compliance with the CO or THC percent reduction emission limitation consists of the first 4-hour rolling average percent reduction in CO or THC recorded after completion of the performance evaluation of the capture/control system and/or CEMS. You must complete the actions described in paragraphs (d)(1) through (2) of this section.


(1) Correct the CO or THC concentrations at the inlet and outlet of the emission control device to a dry basis and to 15 percent O2 content using Equation 1 of this section.


(2) Calculate the percent reduction in CO or THC using Equation 2 of this section:





Where:

R = percent reduction in CO or THC

Ci = corrected CO or THC concentration at inlet of the emission control device

Co = corrected CO or THC concentration at the outlet of the emission control device.

[68 FR 28785, May 27, 2003, as amended at 85 FR 34346, June 3, 2020]


§ 63.9321 What are the general requirements for performance tests?

(a) You must conduct each performance test required by § 63.9310 under the conditions in this section unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). Prior to December 1, 2020, the performance test must also be conducted according to the requirements in § 63.7(e)(1).


(1) Representative engine testing conditions. You must conduct the performance test under representative operating conditions for the test cell/stand. Operations during periods of SSM, and during periods of nonoperation do not constitute representative conditions. You must record the process information that is necessary to document operating conditions during the test and explain why the conditions represent normal operation.


(2) Representative emission capture system and add-on control device operating conditions. You must conduct the performance test when the emission capture system and add-on control device are operating at a representative flow rate, and the add-on control device is operating at a representative inlet concentration. You must record information that is necessary to document emission capture system and add-on control device operating conditions during the test and explain why the conditions represent normal operation.


(b) You must conduct each performance test of an emission capture system according to the requirements in § 63.9322. You must conduct each performance test of an add-on control device according to the requirements in § 63.9323.


[68 FR 28785, May 27, 2003, as amended at 85 FR 34346, June 3, 2020]


§ 63.9322 How do I determine the emission capture system efficiency?

You must use the procedures and test methods in this section to determine capture efficiency as part of the performance test required by § 63.9310.


(a) Assuming 100 percent capture efficiency. You may assume the capture system efficiency is 100 percent if both conditions in paragraphs (a)(1) and (2) of this section are met:


(1) The capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a potential to emit (PTE) and directs all the exhaust gases from the enclosure to an add-on control device.


(2) All engine test operations creating exhaust gases for which the test is applicable are conducted within the capture system.


(b) Measuring capture efficiency. If the capture system does not meet the criteria in paragraphs (a)(1) and (2) of this section, then you must use one of the two protocols described in paragraphs (c) and (d) of this section to measure capture efficiency. The capture efficiency measurements use total volatile hydrocarbon (TVH) capture efficiency as a surrogate for organic HAP capture efficiency. For the protocol in paragraph (c) of this section, the capture efficiency measurement must consist of three test runs. Each test run must be at least 3 hours in duration or the length of a production run, whichever is longer, up to 8 hours. For the purposes of this test, a production run means the time required for a single engine test to go from the beginning to the end.


(c) Gas-to-gas protocol using a temporary total enclosure or a building enclosure. The gas-to-gas protocol compares the mass of TVH emissions captured by the emission capture system to the mass of TVH emissions not captured. Use a temporary total enclosure or a building enclosure and the procedures in paragraphs (c)(1) through (5) of this section to measure emission capture system efficiency using the gas-to-gas protocol.


(1) Either use a building enclosure or construct an enclosure around the engine test cell/stand and all areas where emissions from the engine testing subsequently occur. The enclosure must meet the applicable definition of a temporary total enclosure or building enclosure in Method 204 of appendix M to 40 CFR part 51.


(2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions captured by the emission capture system during each capture efficiency test run as measured at the inlet to the add-on control device. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods.


(i) The sampling points for the Method 204B or 204C of appendix M to 40 CFR part 51 measurement must be upstream from the add-on control device and must represent total emissions routed from the capture system and entering the add-on control device.


(ii) If multiple emission streams from the capture system enter the add-on control device without a single common duct, then the emissions entering the add-on control device must be simultaneously measured in each duct, and the total emissions entering the add-on control device must be determined.


(3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions that are not captured by the emission capture system; they are measured as they exit the temporary total enclosure or building enclosure during each capture efficiency test run. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods.


(i) Use Method 204D of appendix M to 40 CFR part 51 if the enclosure is a temporary total enclosure.


(ii) Use Method 204E of appendix M to 40 CFR part 51 if the enclosure is a building enclosure. During the capture efficiency measurement, all organic compound emitting operations inside the building enclosure, other than the engine test cell/stand operation for which capture efficiency is being determined, must be shut down, but all fans and blowers must be operating normally.


(4) For each capture efficiency test run, determine the percent capture efficiency of the emission capture system using Equation 1 of this section:





Where:

CE = capture efficiency of the emission capture system vented to the add-on control device, percent

TVHcaptured = total mass of TVH captured by the emission capture system as measured at the inlet to the add-on control device during the emission capture efficiency test run, kg, determined according to paragraph (c)(2) of this section

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

(5) Determine the capture efficiency the emission capture system as the average of the capture efficiencies measured in the three test runs.


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


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

You must use the procedures and test methods in this section to determine the add-on control device emission destruction or removal efficiency as part of the performance test required by § 63.9310. You must conduct three test runs as specified in § 63.7(e)(3), and each test run must last at least 1 hour.


(a) For all types of add-on control devices, use the test methods specified in paragraphs (a)(1) through (5) of this section.


(1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as appropriate, to select sampling sites and velocity traverse points.


(2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR part 60, as appropriate, to measure gas volumetric flow rate.


(3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as appropriate, for gas analysis to determine dry molecular weight. The ANSI/ASME PTC 19.10-1981 Part 10 is an acceptable alternative to Method 3B (incorporated by reference, see § 63.14).


(4) Use Method 4 of appendix A to 40 CFR part 60, to determine stack gas moisture.


(5) Methods for determining gas volumetric flow rate, dry molecular weight, and stack gas moisture must be performed, as applicable, during each test run.


(b) Measure total gaseous organic mass emissions as carbon at the inlet and outlet of the add-on control device simultaneously, using either Method 25 or 25A of appendix A to 40 CFR part 60, as specified in paragraphs (b)(1) through (3) of this section. You must use the same method for both the inlet and outlet measurements.


(1) Use Method 25 of appendix A to 40 CFR part 60 if the add-on control device is an oxidizer, and you expect the total gaseous organic concentration as carbon to be more than 50 parts per million at the control device outlet.


(2) Use Method 25A of appendix A to 40 CFR part 60 if the add-on control device is an oxidizer, and you expect the total gaseous organic concentration as carbon to be 50 ppm or less at the control device outlet.


(c) For each test run, determine the total gaseous organic emissions mass flow rates for the inlet and the outlet of the add-on control device, using Equation 1 of this section. If there is more than one inlet or outlet to the add-on control device, you must calculate the total gaseous organic mass flow rate using Equation 1 of this section for each inlet and each outlet and then total all of the inlet emissions and total all of the outlet emissions.





Where:

Mf = total gaseous organic emissions mass flow rate, kg/hour (kg/h)

Cc = concentration of organic compounds as carbon in the vent gas, as determined by Method 25 or Method 25A, parts per million by volume (ppmv), dry basis

Qsd = volumetric flow rate of gases entering or exiting the add-on control device, as determined by Method 2, 2A, 2C, 2D, 2F, or 2G, dry standard cubic meters/hour (dscm/h)

0.0416 = conversion factor for molar volume, kg-moles per cubic meter (mol/m
3) (@ 293 Kelvin [K] and 760 millimeters of mercury [mmHg]).

(d) For each test run, determine the add-on control device organic emissions destruction or removal efficiency, using Equation 2 of this section:





Where:

DRE = organic emissions destruction or removal efficiency of the add-on control device, percent

Mfi = total gaseous organic emissions mass flow rate at the inlet(s) to the add-on control device, using Equation 1 of this section, kg/h

Mfo = total gaseous organic emissions mass flow rate at the outlet(s) of the add-on control device, using Equation 1 of this section, kg/h.

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


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

During the performance test required by § 63.9310, you must establish the operating limits required by § 63.9302 according to this section, unless you have received approval for alternative monitoring and operating limits under § 63.8(f) as specified in § 63.9302.


(a) Thermal oxidizers. If your add-on control device is a thermal oxidizer, establish the operating limits according to paragraphs (a)(1) and (2) of this section.


(1) During the performance test, you must monitor and record the combustion temperature at least once every 15 minutes during each of the three test runs. You must monitor the temperature in the firebox of the thermal oxidizer or immediately downstream of the firebox before any substantial heat exchange occurs.


(2) Use the data collected during the performance test to calculate and record the average combustion temperature maintained during the performance test. This average combustion temperature is the minimum operating limit for your thermal oxidizer.


(b) Catalytic oxidizers. If your add-on control device is a catalytic oxidizer, establish the operating limits according to either paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section.


(1) During the performance test, you must monitor and record the temperature just before the catalyst bed and the temperature difference across the catalyst bed at least once every 15 minutes during each of the three test runs.


(2) Use the data collected during the performance test to calculate and record the average temperature just before the catalyst bed and the average temperature difference across the catalyst bed maintained during the performance test. These are the minimum operating limits for your catalytic oxidizer.


(3) As an alternative to monitoring the temperature difference across the catalyst bed, you may monitor the temperature at the inlet to the catalyst bed and implement a site-specific inspection and maintenance plan for your catalytic oxidizer as specified in paragraph (b)(4) of this section. During the performance test, you must monitor and record the temperature just before the catalyst bed at least once every 15 minutes during each of the three test runs. Use the data collected during the performance test to calculate and record the average temperature just before the catalyst bed during the performance test. This is the minimum operating limit for your catalytic oxidizer.


(4) You must develop and implement an inspection and maintenance plan for your catalytic oxidizer(s) for which you elect to monitor according to paragraph (b)(3) of this section. The plan must address, at a minimum, the elements specified in paragraphs (b)(4)(i) through (iii) of this section.


(i) Annual sampling and analysis of the catalyst activity (i.e., conversion efficiency) following the manufacturer’s or catalyst supplier’s recommended procedures.


(ii) Monthly inspection of the oxidizer system, including the burner assembly and fuel supply lines for problems and, as necessary, adjust the equipment to assure proper air-to-fuel mixtures.


(iii) Annual internal and monthly external visual inspection of the catalyst bed to check for channeling, abrasion, and settling. If problems are found, you must take corrective action consistent with the manufacturer’s recommendation and conduct a new performance test to determine destruction efficiency according to § 63.9323.


(c) Emission capture system. For each capture device that is not part of a PTE that meets the criteria of § 63.9322(a), establish an operating limit for either the gas volumetric flow rate or duct static pressure, as specified in paragraphs (c)(1) and (2) of this section. The operating limit for a PTE is specified in Table 3 to this subpart.


(1) During the capture efficiency determination required by § 63.9310, you must monitor and record either the gas volumetric flow rate or the duct static pressure for each separate capture device in your emission capture system at least once every 15 minutes during each of the three test runs at a point in the duct between the capture device and the add-on control device inlet.


(2) Calculate and record the average gas volumetric flow rate or duct static pressure for the three test runs for each capture device. This average gas volumetric flow rate or duct static pressure is the minimum operating limit for that specific capture device.


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

(a) You must demonstrate initial compliance with the emission limitation that applies to you according to Table 4 to this subpart.


(b) You must submit the Notification of Compliance Status containing results of the initial compliance demonstration according to the requirements in § 63.9345(c).


[68 FR 28785, May 27, 2003, as amended at 85 FR 34346, June 3, 2020]


Continuous Compliance Requirements

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

(a) Except for monitor malfunctions, associated repairs, and required quality assurance or quality control activities (including, as applicable, calibration drift checks and required zero and high-level adjustments of the monitoring system), you must conduct all monitoring in continuous operation at all times the engine test cell/stand is operating.


(b) Do not use data recorded during monitor malfunctions, associated repairs, and required quality assurance or quality control activities for meeting the requirements of this subpart, including data averages and calculations. You must use all the data collected during all other periods in assessing the performance of the emission control device or in assessing emissions from the new or reconstructed affected source.


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

(a) You must demonstrate continuous compliance with the emission limitation in Table 1 to this subpart that applies to you according to methods specified in Table 5 to this subpart.


(b) You must report each instance in paragraphs (b)(1) and (2) of this section. These instances are deviations from the emission limitation in this subpart and must be reported according to the requirements in § 63.9350.


(1) You must report each instance in which you did not meet the emission limitation that applies to you.


(2) You must report each instance in which you did not meet the requirements in Table 7 to this subpart that apply to you.


(c) Startups, shutdowns, and malfunctions:


(1) For affected sources prior to December 1, 2020, consistent with §§ 63.6(e) and 63.7(e)(1), deviations that occur during a period of SSM of control devices and associated monitoring equipment are not violations if you demonstrate to the Administrator’s satisfaction that you were operating in accordance with § 63.6(e)(1).


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


[68 FR 28785, May 27, 2003, as amended at 71 FR 20470, Apr. 20, 2006; 85 FR 34346, June 3, 2020]


Notifications, Reports, and Records

§ 63.9345 What notifications must I submit and when?

(a) You must submit all of the notifications in §§ 63.8(e), 63.8(f)(4) and (6), and 63.9(b), (g)(1), (g)(2) and (h) that apply to you by the dates specified.


(b) If you own or operate a new or reconstructed test cell/stand used for testing internal combustion engines, you are required to submit an Initial Notification as specified in paragraphs (b)(1) through (3) of this section.


(1) As specified in § 63.9(b)(2), if you start up your new or reconstructed affected source before the effective date of this subpart, you must submit an Initial Notification not later than 120 calendar days after May 27, 2003, or no later than 120 days after the source becomes subject to this subpart, whichever is later.


(2) As specified in § 63.9(b), if you start up your new or reconstructed affected source on or after the effective date of this subpart, you must submit an Initial Notification not later than 120 calendar days after you become subject to this subpart.


(3) If you are required to submit an Initial Notification but are otherwise not affected by the requirements of this subpart, in accordance with § 63.9290(c), your notification should include the information in § 63.9(b)(2)(i) through (v) and a statement that your new or reconstructed engine test cell/stand has no additional requirements and explain the basis of the exclusion (for example, that the test cell/stand is used exclusively for testing internal combustion engines with rated power of less than 25 hp (19 kW)).


(c) If you are required to comply with the emission limitations in Table 1 to this subpart, you must submit a Notification of Compliance Status according to § 63.9(h)(2)(ii). For each initial compliance demonstration with the emission limitation, you must submit the Notification of Compliance Status before the close of business on the 30th calendar day following the completion of the initial compliance demonstration.


(d) You must submit a notification of initial performance evaluation of your CEMS or performance testing of your control device at least 60 calendar days before the performance testing/evaluation is scheduled to begin as required in § 63.8(e)(2).


[68 FR 28785, May 27, 2003, as amended 85 FR 73916, Nov. 19, 2020]


§ 63.9350 What reports must I submit and when?

(a) If you own or operate a new or reconstructed affected source that must meet the emission limitation, you must submit a semiannual compliance report according to Table 6 to this subpart by the applicable dates specified in paragraphs (a)(1) through (6) of this section, unless the Administrator has approved a different schedule.


(1) The first semiannual compliance report must cover the period beginning on the compliance date specified in § 63.9295 and ending on June 30 or December 31, whichever date is the first date following the end of the first calendar half after the compliance date specified in § 63.9295.


(2) The first semiannual compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date follows the end of the first calendar half after the compliance date that is specified in § 63.9295.


(3) Each subsequent semiannual compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31.


(4) Each subsequent semiannual compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period.


(5) For each new or reconstructed engine test cell/stand that is subject to permitting regulations pursuant to 40 CFR part 70 or 71, and if the permitting authority has established the date for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (a)(1) through (4) of this section.


(6) For affected sources prior to December 1, 2020, if you had an SSM of a control device or associated monitoring equipment during the reporting period and you took actions consistent with your SSMP, the compliance report must include the information in paragraphs § 63.10(d)(5)(i).


(7) Beginning on December 1, 2020, submit all semiannual compliance reports following the procedure specified in paragraph (g) of this section.


(b) If there is no deviation from the applicable emission limitation and the CEMS or CPMS was not out-of-control, according to § 63.8(c)(7), the semiannual compliance report must contain the information described in paragraphs (b)(1) through (4) of this section.


(1) Company name and address.


(2) Statement by a responsible official, with that official’s name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report.


(3) Date of report and beginning and ending dates of the reporting period.


(4) A statement that no deviation from the emission limit occurred during the reporting period and that no CEMS or CPMS was out-of-control, according to § 63.8(c)(7).


(c) For each deviation from an emission limit, the semiannual compliance report must include the information in paragraphs (b)(1) through (3) of this section and the information included in paragraphs (c)(1) through (4) of this section, except that on and after December 1, 2020 the semiannual compliance report must also include the information included in paragraph (c)(5) of this section.


(1) The date and time that each deviation started and stopped.


(2) The total operating time of each new or reconstructed engine test cell/stand during the reporting period.


(3) A summary of the total duration of the deviation during the reporting period (recorded in 4-hour periods), and the total duration as a percent of the total operating time during that reporting period.


(4) A breakdown of the total duration of the deviations during the reporting period into those that are due to control equipment problems, process problems, other known causes, and other unknown causes.


(5) 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 CEMS or CPMS deviation, the semiannual compliance report must include the information in paragraphs (b)(1) through (3) of this section and the information included in paragraphs (d)(1) through (10) of this section, except that on and after December 1, 2020, the semiannual compliance report must also include the information included in paragraph (d)(11) of this section.


(1) The date and time that each CEMS or CPMS was inoperative except for zero (low-level) and high-level checks.


(2) The date and time that each CEMS or CPMS was out-of-control including the information in § 63.8(c)(8).


(3) A summary of the total duration of CEMS or CPMS downtime during the reporting period (reported in 4-hour periods), and the total duration of CEMS or CPMS downtime as a percent of the total engine test cell/stand operating time during that reporting period.


(4) A breakdown of the total duration of CEMS or CPMS downtime during the reporting period into periods that are due to monitoring equipment malfunctions, nonmonitoring equipment malfunctions, quality assurance/quality control calibrations, other known causes and other unknown causes.


(5) The monitoring equipment manufacturer(s) and model number(s) of each monitor.


(6) The date of the latest CEMS or CPMS certification or audit.


(7) The date and time period of each deviation from an operating limit in Table 2 to this subpart; date and time period of any bypass of the add-on control device; and whether each deviation occurred during a period of SSM or during another period.


(8) A summary of the total duration of each deviation from an operating limit in Table 2 to this subpart, each bypass of the add-on control device during the semiannual reporting period, and the total duration as a percent of the total source operating time during that semiannual reporting period.


(9) A breakdown of the total duration of the deviations from the operating limits in Table 2 to this subpart and bypasses of the add-on control device during the semiannual reporting period by identifying deviations due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes.


(10) A description of any changes in CEMS, CPMS, or controls since the last reporting period.


(11) The total operating time of each new or reconstructed engine test cell/stand during the reporting period.


(e) Prior to December 1, 2020, if you had an SSM of a control device or associated monitoring equipment during the semiannual reporting period that was not consistent with your SSMP, you must submit an immediate SSM report according to the requirements in § 63.10(d)(5)(ii).


(f) Within 60 days after the date of completing each performance test or performance evaluation 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 or performance evaluations of CMS measuring relative accuracy test audit (RATA) pollutants using test methods supported by the EPA’s Electronic Reporting Tool (ERT) as listed on the 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 or performance evaluation to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI), which can be accessed through the EPA’s Central Data Exchange (CDX) (https://cdx.epa.gov/). The data must be submitted in a file format generated through the use of the EPA’s ERT. Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA’s ERT website.


(2) Data collected or performance evaluations of CMS measuring RATA pollutants using test methods that are not supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the test. The results of the performance test or performance evaluation must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI.


(3) If you claim some of the information submitted under paragraph (f) of this section is CBI, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be 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. 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 the EPA via the EPA’s CDX as described in paragraph (f)(1) of this section.


(g) If you are required to submit reports following the procedure specified in this paragraph, you must submit reports to the EPA via CEDRI, which can be accessed through the 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 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 the EPA. The report must be generated using the appropriate form 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 the EPA via the EPA’s CDX as described earlier in this paragraph.


(h) If you are required to electronically submit a report through CEDRI in the EPA’s CDX, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. 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 the EPA’s CEDRI or CDX systems.


(2) The outage must have occured 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


(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 the EPA’s CDX, you may assert a claim of force majeure for failure to timely comply with the reporting requirement. To assert a claim of force majuere, 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 28785, May 27, 2003, as amended at 85 FR 34346, June 3, 2020]


§ 63.9355 What records must I keep?

(a) You must keep the records as described in paragraphs (a)(1) through (5) of this section. After June 3, 2020, you must also keep the records as described in paragraphs (a)(6) through (8) 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 § 63.10(b)(2)(xiv).


(2) Records of performance evaluations as required in § 63.10(b)(2)(viii).


(3) Records of the occurrence and duration of each malfunction of the air pollution control equipment, if applicable, as required in § 63.9355.


(4) Records of all maintenance on the air pollution control equipment, if applicable, as required in § 63.10(b)(iii).


(5) The calculation of the mass of organic HAP emission reduction by emission capture systems and add-on control devices.


(6) In the event that an affected unit fails to meet an applicable standard, record the number of failures. For each failure record the date, time, the cause, and duration of each failure.


(7) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, 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.


(8) Record actions taken to minimize emissions in accordance with § 63.9305, and any corrective actions taken to return the affected unit to its normal or usual manner of operation.


(b) For each CPMS, you must keep the records as described in paragraphs (b)(1) through (7) of this section.


(1) For each deviation, a record of whether the deviation occurred during a period of SSM of the control device and associated monitoring equipment.


(2) For affected sources prior to December 1, 2020, the records in § 63.6(e)(3)(iii) through (v) related to SSM.


(3) The records required to show continuous compliance with each operating limit specified in Table 2 to this subpart that applies to you.


(4) For each capture system that is a PTE, the data and documentation you used to support a determination that the capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and has a capture efficiency of 100 percent, as specified in § 63.9322(a).


(5) For each capture system that is not a PTE, the data and documentation you used to determine capture efficiency according to the requirements specified in §§ 63.9321 and 63.9322(b) through (e), including the records specified in paragraphs (b)(5)(i) and (ii) of this section that apply to you.


(i) Records for a gas-to-gas protocol using a temporary total enclosure or a building enclosure. Records of the mass of TVH emissions captured by the emission capture system as measured by Method 204B or C of appendix M to 40 CFR part 51 at the inlet to the add-on control device, including a copy of the test report. Records of the mass of TVH emissions not captured by the capture system that exited the temporary total enclosure or building enclosure during each capture efficiency test run as measured by Method 204D or E of appendix M to 40 CFR part 51, including a copy of the test report. Records documenting that the enclosure used for the capture efficiency test met the criteria in Method 204 of appendix M to 40 CFR part 51 for either a temporary total enclosure or a building enclosure.


(ii) Records for an alternative protocol. Records needed to document a capture efficiency determination using an alternative method or protocol as specified in § 63.9322(e), if applicable.


(6) The records specified in paragraphs (b)(6)(i) and (ii) of this section for each add-on control device organic HAP destruction or removal efficiency determination as specified in § 63.9323.


(i) Records of each add-on control device performance test conducted according to §§ 63.9321, 63.9322, and 63.9323.


(ii) Records of the engine testing conditions during the add-on control device performance test showing that the performance test was conducted under representative operating conditions.


(7) Records of the data and calculations you used to establish the emission capture and add-on control device operating limits as specified in § 63.9324 and to document compliance with the operating limits as specified in Table 2 to this subpart.


(c) For each CEMS, you must keep the records as described in paragraph (c)(1) through (5) of this section.


(1) Records described in § 63.10(b)(2)(vi) through (xi).


(2) Previous (i.e., superceded) versions of the performance evaluation plan as required in paragraph (c)(5) of this section.


(3) Request for alternatives to the relative accuracy test for CEMS as required in § 63.8(f)(6)(i), if applicable.


(4) For affected sources prior to December 1, 2020, the records in § 63.6(e)(3)(iii) through (v) related to SSM of the control device and associated monitoring equipment.


(5) The owner or operator shall keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, the owner or operator shall keep previous (i.e., superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision to the plan. The program of corrective action should be included in the plan required under § 63.8(d)(2).


(d) You must keep the records required in Table 5 to this subpart to show continuous compliance with each emission limitation that applies to you.


[68 FR 28785, May 27, 2003, as amended at 85 FR 34347, June 3, 2020]


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

(a) You must maintain all applicable records in such a manner that they can be readily accessed and are suitable for inspection according to § 63.10(b)(1).


(b) As specified in § 63.10(b)(1), you must keep each records for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record.


(c) You must retain your records of the most recent 2 years on site, or your records must be accessible on site. Your records of the remaining 3 years may be retained off site.


(d) Any records required to be maintained by this part that are submitted electronically via the 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 the EPA as part of an on-site compliance evaluation.


[68 FR 28785, May 27, 2003, as amended at 85 FR 34348, June 3, 2020]


Other Requirements and Information

§ 63.9365 What parts of the General Provisions apply to me?

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


§ 63.9370 Who implements and enforces this subpart?

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


(b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under section 40 CFR part 63, subpart E, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and are not transferred to the State, local, or tribal agency.


(c) The authorities that cannot be delegated to State, local, or tribal agencies are described in paragraphs (c)(1) through (4) of this section.


(1) Approval of alternatives to the emission limitations in § 63.9300 under § 63.6(g).


(2) Approval of major changes to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90.


(3) Approval of major changes to monitoring under § 63.8(f) and as defined in § 63.90.


(4) Approval of major changes to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90.


§ 63.9375 What definitions apply to this subpart?

Terms used in this subpart are defined in the CAA; in 40 CFR 63.2, and in this section:


CAA means the Clean Air Act (42 U.S.C. 7401 et seq., as amended by Public Law 101-549, 104 Statute 2399).


Area source means any stationary source of HAP that is not a major source as defined in this part.


Combustion turbine engine means a device in which air is compressed in a compressor, enters a combustion chamber, and is compressed further by the combustion of fuel injected into the combustion chamber. The hot compressed combustion gases then expand over a series of curved vanes or blades arranged on a central spindle that rotates.


Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source:


(1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emission limitations;


(2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or


(3) Prior to December 1, 2020, fails to meet any emission limitation or operating limit in this subpart during malfunction, regardless of whether or not such failure is permitted by this subpart.


Engine means any internal combustion engine, any combustion turbine engine, or any rocket engine.


Engine Test Cell/Stand means any apparatus used for testing uninstalled stationary or uninstalled mobile (motive) engines.


Hazardous Air Pollutant (HAP) means any air pollutant listed in or pursuant to section 112(b) of the CAA.


Internal combustion engine means a device in which air enters a combustion chamber, is mixed with fuel, compressed in the chamber, and combusted. Fuel may enter the combustion chamber with the air or be injected into the combustion chamber. Expansion of the hot combustion gases in the chamber rotates a shaft, either through a reciprocating or rotary action. For purposes of this subpart, this definition does not include combustion turbine engines.


Major source, as used in this subpart, shall have the same meaning as in § 63.2.


Malfunction means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner which causes, or has the potential to cause, the emission limitations in an applicable standard to be exceeded. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.


Rated power means the maximum power output of an engine in use.


Potential to emit means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable.


Responsible official means responsible official as defined by 40 CFR 70.2.


Rocket engine means a device consisting of a combustion chamber in which materials referred to as propellants, which provide both the fuel and the oxygen for combustion, are burned. Combustion gases escape through a nozzle, providing thrust.


Uninstalled engine means an engine not installed in, or an integrated part of, the final product.


[68 FR 28785, May 27, 2003, as amended at 71 FR 20470, Apr. 20, 2006; 85 FR 34348, June 3, 2020]


Table 1 to Subpart PPPPP of Part 63 – Emission Limitations

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


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

b. achieve a reduction in CO or THC of 96 percent or more between the inlet and outlet concentrations (corrected to 15 percent O2 content) of the emission control device.

Table 2 to Subpart PPPPP of Part 63 – Operating Limits

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


For the following device . . .
You must meet the following operating limit . . .
and you must demonstrate continuous compliance with the operating limit by . . .
1. Thermal oxidizera. The average combustion temperature in any 3-hour period must not fall below the combustion temperature limit established according to § 63.9324(a)i. Collecting the combustion temperature data according to § 63.9306(c);

ii. Reducing the data to 3-hour block averages; and

iii. Maintaining the 3-hour average combustion temperature at or above the temperature limit.
2. Catalytic oxidizera. The average temperature measured just before the catalyst bed in any 3-hour period must not fall below the limit established according to § 63.9324(b)i. Collecting the temperature data according to § 63.9306(c);

ii. Reducing the data to 3-hour block averages; and

iii. Maintaining the 3-hour average temperature before the catalyst bed at or above the temperature limit.
b. Either ensure that the average temperature difference across the catalyst bed in any 3-hour period does not fall below the temperature difference limit established according to § 63.9324(b)(2) or develop and implement an inspection and maintenance plan according to § 63.9324(b)(3) and (4)i. Either collecting the temperature data according to § 63.9306(c), reducing the data to 3-hour block averages, and maintaining the 3-hour average temperature difference at or above the temperature difference limit; or

ii. Complying with the inspection and maintenance plan developed according to § 63.9324(b)(3) and (4).
3. Emission capture system that is a PTE according to § 63.9322(a)a. The direction of the air flow at all times must be into the enclosure; and eitheri. Collecting the direction of air flow; and either the facial velocity of air through all natural draft openings according to § 63.9306(d)(1) or the pressure drop across the enclosure according to § 63.9306(d)(2); and

ii. Maintaining the facial velocity of air flow through all natural draft openings or the pressure drop at or above the facial velocity limit or pressure drop limit, and maintaining the direction of air flow into the enclosure at all times.
b. The average facial velocity of air through all natural draft openings in the enclosure must be at least 200 feet per minute; orFollow the requirements in 3ai and ii of this table.
c. The pressure drop across the enclosure must be at least 0.007 inch H2O, as established in Method 204 of appendix M to 40 CFR part 51Follow the requirements in 3ai and ii of this table.
4. Emission capture system that is not a PTE according to § 63.9322(a)a. The average gas volumetric flow rate or duct static pressure in each duct between a capture device and add-on control device inlet in any 3-hour period must not fall below the average volumetric flow rate or duct static pressure limit established for that capture device according § 63.9306(d)i. Collecting the gas volumetric flow rate or duct static pressure for each capture device according to § 63.9306(d);

ii. Reducing the data to 3-hour block averages; and

iii. Maintaining the 3-hour average gas volumetric flow rate or duct static pressure for each capture device at or above the gas volumetric flow rate or duct static pressure limit.

Table 3 to Subpart PPPPP of Part 63 – Requirements for Initial Compliance Demonstrations

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


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

[68 FR 28785, May 27, 2003, as amended at 85 FR 34348, June 3, 2020]


Table 4 to Subpart PPPPP of Part 63 – Initial Compliance With Emission Limitations

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


For the . . .
You have demonstrated initial compliance if . . .
1. CO or THC concentration emission limitationThe first 4-hour rolling average CO or THC concentration is 20 ppmvd or less, corrected to 15 percent O2 content if CEMS are installed or the average of the test run averages during the performance test is 20 ppmvd or less, corrected to 15 percent O2 content.
2. CO or THC percent reduction emission limitationThe first 4-hour rolling average reduction in CO or THC is 96 percent or more, dry basis, corrected to 15 percent O2 content.

[68 FR 28785, May 27, 2003, as amended at 85 FR 34348, June 3, 2020]


Table 5 to Subpart PPPPP of Part 63 – Continuous Compliance With Emission Limitations

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


For the . . .
You must . . .
By . . .
1. CO or THC concentration emission limitationa. Demonstrate CO or THC emissions are 20 ppmvd or less over each 4- hour rolling averaging periodi. Collecting the CPMS data according to § 63.9306(a), reducing the measurements to 1-hour averages used to calculate the 3-hr block average; or

ii. Collecting the CEMS data according to § 63.9307(a), reducing the measurements to 1-hour averages, correcting them to 15 percent O2 content, dry basis, according to § 63.9320.
2. CO or THC percent reduction emission limitationa. Demonstrate a reduction in CO or THC of 96 percent or more over each 4-hour rolling averaging periodi. Collecting the CPMS data according to § 63.9306(a), reducing the measurements to 1-hour averages; or

ii. Collecting the CEMS data according to § 63.9307(b), reducing the measurements to 1-hour averages, correcting them to 15 percent O2 content, dry basis, calculating the CO or THC percent reduction according to § 63.9320.

[68 FR 28785, May 27, 2003, as amended at 85 FR 34345, June 3, 2020]


Table 6 to Subpart PPPPP of Part 63 – Requirements for Reports

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


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

Table 7 to Subpart PPPPP of Part 63 – Applicability of General Provisions to Subpart PPPPP

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


Citation
Subject
Applicable to subpart PPPPP
Explanation
§ 63.1(a)(1)-(12)General ApplicabilityYes
§ 63.1(b)(1)-(3)Initial Applicability DeterminationYesApplicability to subpart PPPPP is also specified in § 63.9285.
§ 63.1(c)(1)Applicability After Standard EstablishedYes
§ 63.1(c)(2)Applicability of Permit Program for Area SourcesNoArea sources are not subject to subpart PPPPP.
§ 63.1(c)(5)NotificationsYes
§ 63.1(c)(6)ApplicabilityReclassificationYes.
§ 63.1(d)[Reserved]
§ 63.1(e)Applicability of Permit Program Before Relevant Standard is SetYes
§ 63.2DefinitionsYesAdditional definitions are specified in § 63.9375.
§ 63.3Units and AbbreviationsYes
§ 63.4Prohibited Activities and CircumventionYes
§ 63.5(a)Construction/ReconstructionYes
§ 63.5(b)Requirements for Existing, Newly Constructed, and Reconstructed SourcesYes
§ 63.5(d)Application for Approval of Construction/ReconstructionYes
§ 63.5(e)Approval of Construction/ReconstructionYes
§ 63.5(f)Approval of Construction/Reconstruction based on Prior State ReviewYes
§ 63.6(a)Compliance With Standards and Maintenance Requirements-ApplicabilityYes
§ 63.6(b)(1)-(7)Compliance Dates for New and Reconstructed SourcesYes§ 63.9295 specifies the compliance dates.
§ 63.6(c)(1)-(2)Compliance Dates for Existing SourcesNoSubpart PPPPP does not establish standards for existing sources.
§ 63.6(c)(5)Compliance Dates for Existing SourcesYes§ 63.9295(b) specifies the compliance date if a new or reconstructed area source becomes a major source.
§ 63.6(e)(1)(i)Operation and MaintenanceYes before December 1, 2020. No on and after December 1, 2020See § 63.9305 for general duty requirement.
§ 63.6(e)(1)(ii)Operation and MaintenanceYes before December 1, 2020. No on and after December 1, 2020
§ 63.6(e)(1)(iii)Operation and MaintenanceYes
§ 63.6(e)(3)SSM PlanYes before December 1, 2020. No on and after December 1, 2020
§ 63.6(f)(1)Compliance Except During SSMYes before December 1, 2020. No on and after December 1, 2020
§ 63.6(f)(2)-(3)Methods for Determining ComplianceYes
§ 63.6(g)(1)-(3)Use of Alternative StandardsYes
§ 63.6(h)Compliance With Opacity/Visible Emission StandardsNoSubpart PPPPP does not establish opacity standards and does require continuous opacity monitoring systems (COMS).
§ 63.6(i)(1)-(16)Extension of ComplianceNoCompliance extension provisions apply to existing sources which do not have emission limitations in subpart PPPPP.
§ 63.6(j)Presidential Compliance ExemptionYes
§ 63.7(a)(1)-(2)Performance Test DatesYes
§ 63.7(a)(3)Performance Test Required By the AdministratorYes
§ 63.7(b)-(d)Performance Test Requirements-Notification, Quality Assurance, Facilities Necessary for Safe Testing, Conditions During TestingYes
§ 63.7(e)(1)Conditions for Conducting Performance TestsYes before December 1, 2020. No, see § 63.9321, on and after December 1, 2020
§ 63.7(e)(2)-(4)Conduct of Performance TestsYes
§ 63.7(f)Alternative Test MethodsYes
§ 63.7(g)-(h)Performance Testing Requirements-Data Analysis, Recordkeeping, Reporting, Waiver of TestYes
§ 63.8(a)(1)-(2)Monitoring Requirements – ApplicabilityYesSubpart PPPPP contains specific requirement for monitoring at § 63.9325.
§ 63.8(a)(4)Additional Monitoring RequirementsNoSubpart PPPPP does not have monitoring requirement for flares.
§ 63.8(b)Conduct of MonitoringYes
§ 63.8(c)(1)Continuous Monitoring System (CMS) Operation and MaintenanceYes
§ 63.8(c)(1)(i)General Duty to Minimize Emissions and CMS OperationYes before December 1, 2020. No on and after December 1, 2020
§ 63.8(c)(1)(ii)Operation and Maintenance of CMSYes
§ 63.8(c)(1)(iii)Requirement to Develop SSM Plan for CMSYes before December 1, 2020. No on and after December 1, 2020
§ 63.8(c)(2)-(3)Monitoring System InstallationYes
§ 63.8(c)(4)CMSNo§ 63.9335(a) and (b) specifies the requirements.
§ 63.8(c)(5)COMSNoSubpart PPPPP does not have opacity or VE standards.
§ 63.8(c)(6)-(8)CMS RequirementsYesExcept that subpart PPPPP does not require COMS.
§ 63.8(d)(1)-(2)CMS Quality ControlYes
§ 63.8(d)(3)CMS Quality ControlYes before December 1, 2020. No on and after December 1, 2020
§ 63.8(e)CMS PerformanceYesExcept for § 63.8(e)(5)(ii) which applies to COMS.
§ 63.8(f)(1)-(5)Alternative Monitoring MethodYes
§ 63.8(f)(6)Alternative to Relative Accuracy TestYes
§ 63.8(g)Data ReductionYes before December 1, 2020. No on and after December 1, 2020§§ 63.9335 and 63.9340 specify monitoring data reduction.
§ 63.9(a)-(b)Notification RequirementsYes
§ 63.9(c)Request for Compliance ExtensionNoCompliance extension to not apply to new or reconstructed sources.
§ 63.9(d)Notification of Special Compliance Requirements for New SourcesYes
§ 63.9(e)Notification of Performance TestNoSubpart PPPPP does not require performance testing.
§ 63.9(f)Notification of Opacity/VE testNoSubpart PPPPP does not have opacity/VE standards.
§ 63.9(g)(1)Additional Notifications When Using CMSYes
§ 63.9(g)(2)Additional Notifications When Using CMSNoSubpart PPPPP does not have opacity/VE standards.
§ 63.9(g)(3)Additional Notifications When Using CMSYes
§ 63.9(h)Notification of Compliance StatusYes
§ 63.9(i)Adjustment of Submittal DeadlinesYes
§ 63.9(j)Change in Previous InformationYes
§ 63.9(k)NotificationsElectronic reporting proceduresYes, only as specified in § 63.9(j).
§ 63.10(a)Recordkeeping/ReportingYes
§ 63.10(b)(1)General Recordkeeping RequirementsYes
§ 63.10(b)(2)(i)Recordkeeping of Occurrence and Duration of Startups and ShutdownsYes before December 1, 2020. No on and after December 1, 2020
§ 63.10(b)(2)(ii)Recordkeeping of Occurrence and Duration of MalfunctionsYes before December 1, 2020. No on and after December 1, 2020See § 63.9355 for recordkeeping of (1) date, time, and duration; (2) listing of affected source or equipment, and an estimate of the quantity of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure.
§ 63.10(b)(2)(iii)Recordkeeping of Maintenance on Controls and Monitoring EquipmentYes
§ 63.10(b)(2)(iv)-(v)Actions Taken to Minimize Emissions During SSMYes before December 1, 2020. No on and after December 1, 2020
§ 63.10(b)(2)(vi)-(xi)CMS RecordsYes
§ 63.10(b)(2)(xii)RecordsYes
§ 63.10(b)(2)(xiii)RecordsYes
§ 63.10(b)(2)(xiv)RecordsYes
§ 63.10(b)(3)Recordkeeping for Applicability DeterminationsYes
§ 63.10(c)(1)-(6), (9)-(14)Additional Recordkeeping for CMSYes
§ 63.10(c)(7)-(8)Records of Excess Emissions and Parameter Monitoring Exceedances for CMSNoSpecific language is located at § 63.9355 of subpart PPPPP.
§ 63.10(c)(15)Records Regarding the SSM PlanYes before December 1, 2020. No on and after December 1, 2020
§ 63.10(d)(1)General Reporting RequirementsYes
§ 63.10(d)(2)Report of Performance Test ResultsYes
§ 63.10(d)(3)Reporting of Opacity or VE ObservationsNoSubpart PPPPP does not have opacity/VE standards.
§ 63.10(d)(4)Progress Reports for Sources with Compliance ExtensionsNoCompliance extensions do not apply to new or reconstructed sources.
§ 63.10(d)(5)SSM ReportsYes before December 1, 2020. No on and after December 1, 2020On and after December 1, 2020, see § 63.9350 for malfunction reporting requirements.
§ 63.10(e)(1) and (2)(i)Additional CMS ReportsYes
§ 63.10(e)(2)(ii)Additional CMS ReportsNoSubpart PPPPP does not require COMS.
§ 63.10(e)(3)Excess Emissions/CMS Performance ReportsNoSpecific language in located in § 63.9350 of subpart PPPPP.
§ 63.10(e)(4)COMS Data ReportsNoSubpart PPPPP does not require COMS.
§ 63.10(f)Waiver for Recordkeeping/ReportingYes
§ 63.11Control Device Requirements/FlaresNoSubpart PPPPP does not specify use of flares for compliance.
§ 63.12State Authority and DelegationsYes
§ 63.13AddressesYes
§ 63.14Incorporation by ReferenceYesASTM D 6522-00 and ANSI/ASME PTC 19.10-1981 (incorporated by reference – See § 63.14).
§ 63.15Availability of Information/ConfidentialityYes

[85 FR 34349, June 3, 2020, as amended at 85 FR 73917, Nov. 19, 2020]


Subpart QQQQQ – National Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing Facilities


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

What This Subpart Covers

§ 63.9480 What is the purpose of this subpart?

This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for friction materials manufacturing facilities that use a solvent-based process. This subpart also establishes requirements to demonstrate initial and continuous compliance with all applicable emission limitations in this subpart.


§ 63.9485 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a friction materials manufacturing facility (as defined in § 63.9565) that is (or is part of) a major source of hazardous air pollutants (HAP) emissions. Your friction materials manufacturing facility is a major source of HAP if it emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any combination of HAP at a rate of 22.68 megagrams (25 tons) or more per year.


(b) The requirements in this subpart do not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air Act.


[67 FR 64506, Oct. 18, 2002, as amended at 85 FR 73917, Nov. 19, 2020]


§ 63.9490 What parts of my plant does this subpart cover?

(a) This subpart applies to each new, reconstructed, or existing affected source at your friction materials manufacturing facility.


(b) The affected source covered by this subpart is each new, reconstructed, or existing solvent mixer (as defined in § 63.9565) at your friction materials manufacturing facility.


(c) A solvent mixer at your friction materials manufacturing facility is new if you commence construction of the solvent mixer after October 18, 2002. An affected source is reconstructed if it meets the definition of “reconstruction” in § 63.2, and reconstruction is commenced after October 18, 2002.


(d) A solvent mixer at your friction materials manufacturing facility is existing if it is not new or reconstructed.


§ 63.9495 When do I have to comply with this subpart?

(a) If you have an existing solvent mixer, you must comply with each of the requirements for existing sources no later than October 18, 2005, except as otherwise specified at this section and §§ 63.9505, 63.9530, 63.9540, 63.9545, and Table 1 to this subpart.


(b) If you have a new or reconstructed solvent mixer for which construction or reconstruction commenced after October 18, 2002, but before May 4, 2018, you must comply with the requirements for new and reconstructed sources upon initial startup, except as otherwise specified at this section and §§ 63.9505, 63.9530, 63.9540, 63.9545, and Table 1 to this subpart.


(c) If your friction materials manufacturing facility is an area source that increases its emissions or its potential to emit such that it becomes a (or part of a) major source of HAP emissions, then paragraphs (c)(1) and (2) of this section apply.


(1) For any portion of the area source that becomes a new or reconstructed affected source, you must comply with the requirements for new and reconstructed sources upon startup or no later than October 18, 2002, whichever is later.


(2) For any portion of the area source that becomes an existing affected source, you must comply with the requirements for existing sources no later than 1 year after the area source becomes a major source or no later than October 18, 2005, whichever is later.


(d) You must meet the notification and schedule requirements in § 63.9535. Several of the notifications must be submitted before the compliance date for your affected source.


(e) Solvent mixers constructed or reconstructed after May 3, 2018, must be in compliance with this subpart at startup or by February 8, 2019, whichever is later.


[67 FR 64506, Oct. 18, 2002, as amended at 84 FR 2750, Feb. 8, 2019]


Emission Limitations

§ 63.9500 What emission limitations must I meet?

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


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


General Compliance Requirements

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

(a) Before August 7, 2019, for each existing source and each new or reconstructed source for which construction or reconstruction commenced after October 18, 2002, but before May 4, 2018, you must be in compliance with the emission limitations in this subpart at all times, except during periods of startup, shutdown, or malfunction. On and after August 7, 2019, for each such source you must be in compliance with the emission limitations in this subpart at all times. For new and reconstructed sources for which construction or reconstruction commenced after May 3, 2018, you must be in compliance with the emissions limitations in this subpart at all times.


(b) Before August 7, 2019, for each existing source, and for each new or reconstructed source for which construction or reconstruction commenced after October 18, 2002, but before May 4, 2018, you must always operate and maintain your affected source, including air pollution control and monitoring equipment, according to the provisions in § 63.6(e)(1)(i). On and after August 7, 2019 for each such source, and after February 8, 2019 for new and reconstructed sources for which construction or reconstruction commenced after May 3, 2018, 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.


(c) Before August 7, 2019, for each existing source, and for each new or reconstructed source for which construction commenced after October 18, 2002, but before May 4, 2018, you must develop a written startup, shutdown, and malfunction plan according to the provisions in § 63.6(e)(3). For each such source, a startup, shutdown, and malfunction plan is not required on and after August 7, 2019. No startup, shutdown, and malfunction plan is required for any new or reconstructed source for which construction or reconstruction commenced after May 3, 2018.


[84 FR 2750, Feb. 8, 2019]


Initial Compliance Demonstration Requirements

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

(a) If you use a solvent recovery system and/or solvent substitution, you must conduct your initial compliance demonstration within 7 calendar days after the compliance date that is specified for your source in § 63.9495.


(b) If you use a control technique other than a solvent recovery system and/or solvent substitution, you must comply with the provisions in § 63.9570.


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

(a) You have demonstrated initial compliance for each new, reconstructed, or existing large solvent mixer subject to the emission limitation in § 63.9500(a) if the HAP solvent discharged to the atmosphere during the first 7 days after the compliance date, determined according to the provisions in § 63.9520, does not exceed a 7-day block average of 30 percent of that which would otherwise be emitted in the absence of solvent recovery and/or solvent substitution.


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


(c) You must submit a notification of compliance status containing the results of the initial compliance demonstration according to § 63.9535(e).


§ 63.9520 What procedures must I use to demonstrate initial compliance?

(a) If you use a solvent recovery system, you must use the procedures in paragraphs (a)(1) through (8) of this section to demonstrate initial compliance with the emission limitations in § 63.9500(a) and (b).


(1) Record the date and time of each mix batch.


(2) Record the identity of each mix batch using a unique batch ID, as defined in § 63.9565.


(3) Measure and record the weight of HAP solvent loaded into the solvent mixer for each mix batch.


(4) Measure and record the weight of HAP solvent recovered for each mix batch.


(5) If you use a solvent recovery system, you must determine the percent of HAP solvent discharged to the atmosphere for each mix batch according to Equation 1 of this section as follows:


(Eq. 1)



Where:

Pb = Percent of HAP solvent discharged to the atmosphere for each mix batch, percent;

Srec = Weight of HAP solvent recovered for each mix batch, lb;

Smix = Weight of HAP solvent loaded into the solvent mixer for each mix batch, lb.

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


(7) Determine the 7-day block average percent of HAP solvent discharged to the atmosphere according to Equation 2 of this section as follows:




Where:

%P7 = 7-day block average percent of HAP solvent discharged to the atmosphere, percent;

i = mix batch;

n = number of mix batches in 7-day block average.

(8) Have valid data for at least 90 percent of the mix batches over the 7-day averaging period.


(b) If you use a control technique other than a solvent recovery system and/or solvent substitution, you may apply to EPA for approval to use an alternative method of demonstrating compliance with the emission limitations for solvent mixers in § 63.9500(a) and (b), as provided in § 63.9570.


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

(a) If you use a solvent recovery system, you must install, operate, and maintain a weight measurement device to measure the weight of HAP solvent loaded into the solvent mixer and the weight of HAP solvent recovered for each mix batch.


(b) For each weight measurement device required by this section, you must develop and submit for approval a site-specific monitoring plan that addresses the requirements of paragraphs (b)(1) through (6) of this section:


(1) Procedures for installing the weight measurement device;


(2) The minimum accuracy of the weight measurement device in pounds and as a percent of the average weight of solvent to be loaded into the solvent mixer;


(3) Site-specific procedures for how the measurements will be made;


(4) How the measurement data will be recorded, reduced, and stored;


(5) Procedures and acceptance criteria for calibration of the weight measurement device; and


(6) How the measurement device will be maintained, including a routine maintenance schedule and spare parts inventory list.


(c) The site-specific monitoring plan required in paragraph (b) of this section must include, at a minimum, the requirements of paragraphs (c)(1) through (3) of this section:


(1) The weight measurement device must have a minimum accuracy of ±0.05 kilograms (±0.1 pounds) or ±1 percent of the average weight of solvent to be loaded into the solvent mixer, whichever is greater.


(2) An initial multi-point calibration of the weight measurement device must be made using 5 points spanning the expected range of weight measurements before the weight measurement device can be used. The manufacturer’s calibration results can be used to meet this requirement.


(3) Once per day, an accuracy audit must be made using a single Class F calibration weight that corresponds to 20 to 80 percent of the average weight of solvent to be loaded into the solvent mixer. If the weight measurement device cannot reproduce the value of the calibration weight within ±0.05 kilograms (0.1 pounds) or ±1 percent of the average weight of solvent to be loaded into the solvent mixer, whichever is greater, the scale must be recalibrated before being used again. The recalibration must be performed with at least five Class F calibration weights spanning the expected range of weight measurements.


(d) You must operate and maintain the weight measurement device according to the site-specific monitoring plan.


(e) You must maintain records of all maintenance activities, calibrations, and calibration audits.


Continuous Compliance Requirements

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

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


(1) For existing sources and for new or reconstructed sources for which construction or reconstruction commenced after October 18, 2002, but before May 4, 2018, before August 7, 2019, except for during malfunctions of your weight measurement device and associated repairs, you must collect and record the information required in § 63.9520(a)(1) through (8) at all times that the affected source is operating and record all information needed to document conformance with these requirements. On and after August 7, 2019 for such sources, and after February 8, 2019 for new or reconstructed sources that commenced construction after May 3, 2018, you must collect and record the information required in § 63.9520(a)(1) through (8) at all times that the affected source is operating and record all information needed to document conformance with these requirements.


(2) For new, reconstructed, or existing large solvent mixers, maintain the 7-day block average percent of HAP solvent discharged to the atmosphere at or below 30 percent of that which would otherwise be emitted in the absence of solvent recovery and/or solvent substitution.


(3) For new, reconstructed, or existing small solvent mixers, maintain the 7-day block average percent of HAP solvent discharged to the atmosphere at or below 15 percent of that which would otherwise be emitted in the absence of solvent recovery and/or solvent substitution.


(b) If you use a control technique other than a solvent recovery system and/or solvent substitution, you must demonstrate continuous compliance with the emission limitations for solvent mixers in § 63.9500(a) and (b) according to the provisions in § 63.9570.


(c) You must report each instance in which you did not meet the emission limitations for solvent mixers in § 63.9500(a) and (b). This includes periods of startup, shutdown, or malfunction. These instances are deviations from the emission limitations in this subpart. These deviations must be reported according to the requirements in § 63.9540.


(d) [Reserved]


(e) For existing sources and for new or reconstructed sources which commenced construction or reconstruction after October 18, 2002, but before May 4, 2018, before August 7, 2019, consistent with §§ 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 § 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 § 63.6(e). On and after August 7, 2019 for such sources, and after February 8, 2019 for new or reconstructed sources which commence construction or reconstruction after May 3, 2018, all deviations are considered violations.


[67 FR 64506, Oct. 18, 2002, as amended at 71 FR 20470, Apr. 20, 2006; 84 FR 2751, Feb. 8, 2019]


Notifications, Reports, and Records

§ 63.9535 What notifications must I submit and when?

(a) You must submit all of the notifications in §§ 63.8(f)(4) and 63.9(b), (c), (d), and (h) that apply to you by the specified dates.


(b) If you use a control technique other than a solvent recovery system and/or solvent substitution, you must comply with the provisions in § 63.9570.


(c) As specified in § 63.9(b)(2), if you start up your affected source before October 18, 2002, you must submit your initial notification no later than 120 calendar days after October 18, 2002, or no later than 120 days after the source becomes subject to this subpart, whichever is later.


(d) As specified in § 63.9(b)(3), if you start up your new affected source on or after October 18, 2002, you must submit your initial notification no later than 120 calendar days after you become subject to this subpart.


(e) You must submit a notification of compliance status according to § 63.9(h)(2)(ii). You must submit the notification of compliance status before the close of business on the 30th calendar day following the completion of the initial compliance demonstration.


[67 FR 64506, Oct. 18, 2002, as amended at 85 FR 73917, Nov. 19, 2020]


§ 63.9540 What reports must I submit and when?

(a) Unless the Administrator has approved a different schedule, you must submit each semiannual compliance report according to the requirements in paragraphs (a)(1) through (5) of this section.


(1) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in § 63.9495 and ending on June 30 or December 31, whichever date comes first after the compliance date that is specified for your source in § 63.9495.


(2) The first compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date comes first after your first compliance report is due.


(3) Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31.


(4) Each subsequent compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date comes first after the end of the semiannual reporting period.


(5) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 71 of this chapter, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A) of this chapter, you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (a)(1) through (4) of this section.


(b) Each compliance report must include the information in paragraphs (b)(1) through (3) of this section, and if applicable, paragraphs (b)(4) through (6) of this section.


(1) Company name and address.


(2) Statement by a responsible official, with the official’s name, title, and signature, certifying that, based on information and belief formed after reasonable inquiry, the statements and information in the report are true, accurate, and complete.


(3) Date of report and beginning and ending dates of the reporting period.


(4) For existing sources and for new or reconstructed sources for which construction or reconstruction commenced after October 18, 2002, but before May 4, 2018, before August 7, 2019, 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 § 63.10(d)(5)(i). A startup, shutdown, and malfunction plan is not required for such sources on and after August 7, 2019.


(5) If there were no deviations from the emission limitations for solvent mixers in § 63.9500(a) and (b), a statement that there were no deviations from the emission limitations during the reporting period.


(6) If there were no periods during which a monitoring system was out-of-control as specified in § 63.8(c)(7), a statement that there were no periods during which a monitoring system was out-of-control during the reporting period.


(c) For each deviation from an emission limitation occurring at an affected source, you must include the information in paragraphs (b)(1) through (4) and (c)(1) and (2) of this section. This includes periods of startup, shutdown, or malfunction.


(1) The total operating time of each affected source during the reporting period.


(2) For existing sources and for new or reconstructed sources which commenced construction or reconstruction after October 18, 2002, but before May 4, 2018, before August 7, 2019, information on the number, duration, and cause of deviations (including unknown cause, if applicable), as applicable, and the corrective action taken. On and after August 7, 2019 for such sources, and after February 8, 2019 for new or reconstructed sources which commenced construction or reconstruction after May 3, 2018, information on the number of deviations to meet an emission limitation. For each instance, include the date, time, duration, and cause of deviations (including unknown cause, if applicable), as applicable, a list of the affected source or equipment, 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, and the corrective action taken.


(d) For existing sources and for new or reconstructed sources which commenced construction or reconstruction after October 18, 2002, but before May 4, 2018, before August 7, 2019, 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 § 63.10(d)(5)(ii). An immediate startup, shutdown, and malfunction report is not required for such sources on and after August 7, 2019.


(e) If you have obtained a title V operating permit for an affected source pursuant to 40 CFR part 70 or 71 of this chapter, you must report all deviations as defined in this subpart in the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A) of this chapter. If you submit a compliance report for an affected source along with, or as part of, the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A) of this chapter, and the compliance report includes all the required information concerning deviations from any emission limitation in this subpart, then submission of the compliance report satisfies any obligation to report the same deviations in the semiannual monitoring report. However, submission of a compliance report does not otherwise affect any obligation you may have to report deviations from permit requirements to your permitting authority.


[67 FR 64506, Oct. 18, 2002, as amended at 84 FR 2751, Feb. 8, 2019]


§ 63.9545 What records must I keep?

(a) You must keep the records in paragraphs (a)(1) and (2) of this section that apply to you.


(1) A copy of each notification and report that you submitted to comply with this subpart, including all documentation supporting any initial notification or notification of compliance status that you submitted, according to the requirements in § 63.10(b)(2)(xiv).


(2) For existing sources and for new or reconstructed sources which commenced construction or reconstruction after October 18, 2002, but before May 4, 2018, before August 7, 2019, the records in § 63.6(e)(3)(iii) through (v) related to startup, shutdown, or malfunction. For such sources, it is not required to keep records in § 63.6(e)(3)(iii) through (v) related to startup, shutdown, or malfunction on and after August 7, 2019.


(3) After February 8, 2019 for new or reconstructed sources which commenced construction or reconstruction after May 3, 2018, and on and after August 7, 2019 for all other affected sources, in the event that an affected unit fails to meet an applicable standard, record the number of deviations. For each deviation, record the date, time and duration of each deviation.


(i) For each deviation, record and retain cause of deviations (including unknown cause, if applicable), a list of the affected source or equipment, 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.


(ii) Record actions taken to minimize emissions in accordance with § 63.9505, and any corrective actions taken to return the affected unit to its normal or usual manner of operation.


(b) You must keep the records required in § 63.9525 to show proper operation and maintenance of the weight measurement device.


(c) You must keep the records required in § 63.9530 to show continuous compliance with the emission limitations for solvent mixers in § 63.9500(a) and (b).


[67 FR 64506, Oct. 18, 2002, as amended at 84 FR 2751, Feb. 8, 2019]


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

(a) You must keep your records in a form suitable and readily available for expeditious review, according to § 63.10(b)(1).


(b) As specified in § 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 § 63.10(b)(1). You can keep the records offsite for the remaining 3 years.


Other Requirements and Information

§ 63.9555 What parts of the General Provisions apply to me?

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


§ 63.9560 Who implements and enforces this subpart?

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


(b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under 40 CFR part 63, subpart E, the authorities contained in paragraphs (c)(1) through (4) of this section are retained by the Administrator of the U.S. EPA and are not transferred to the State, local, or tribal agency.


(c) The authorities that cannot be delegated to State, local or tribal agencies are as follows:


(1) Approval of alternatives to the emission limitations in § 63.9500(a) and (b) under § 63.6(g).


(2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90.


(3) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.90.


(4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90.


§ 63.9565 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in § 63.2, and in this section as follows:


Batch ID means a unique identifier used to differentiate each individual mix batch.


Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source:


(1) Fails to meet any requirement or obligation established by this subpart, including, but not limited to, any emission limitation (including any operating limit);


(2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or


(3) Fails to meet any emission limitation (including any operating limit) in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart.


Friction ingredients means any of the components used in the manufacture of friction materials, excluding the HAP solvent. Friction ingredients include, but are not limited to, reinforcement materials, property modifiers, resins, and other additives.


Friction materials manufacturing facility means a facility that manufactures friction materials using a solvent-based process. Friction materials are used in the manufacture of products used to accelerate or decelerate objects. Products that use friction materials include, but are not limited to, disc brake pucks, disc brake pads, brake linings, brake shoes, brake segments, brake blocks, brake discs, clutch facings, and clutches.


HAP solvent means a solvent that contains 10 percent or more of any one HAP, as listed in section 112(b) of the Clean Air Act, or any combination of HAP that is added to a solvent mixer. Examples include hexane, toluene, and trichloroethylene.


Initial startup means the first time that equipment is put into operation. Initial startup does not include operation solely for testing equipment. Initial startup does not include subsequent startups (as defined in this section) following malfunction or shutdowns or following changes in product or between batch operations.


Large solvent mixer means a solvent mixer with a design capacity greater than or equal to 2,000 pounds, including friction ingredients and HAP solvent.


Mix batch means each batch of friction materials manufactured in a solvent mixer.


Responsible official means responsible official as defined in § 63.2.


7-day block average means an averaging technique for a weekly compliance determination where the calculated values for percent HAP solvent discharged to the atmosphere are averaged together for all mix batches (for which there are valid data) in a 7-day block period according to the equation provided in § 63.9520(a)(6).


Small solvent mixer means a solvent mixer with a design capacity less than 2,000 pounds, including friction ingredients and HAP solvent.


Solvent mixer means a mixer used in the friction materials manufacturing process in which HAP solvent is used as one of the ingredients in at least one batch during a semiannual reporting period. Trace amounts of HAP solvents in resins or other friction ingredients do not qualify mixers as solvent mixers.


Solvent recovery system means equipment used for the purpose of recovering the HAP solvent from the exhaust stream. An example of a solvent recovery system is a condenser.


Solvent substitution means substitution of a non-HAP material for a HAP solvent.


Startup means bringing equipment online and starting the production process.


Startup, shutdown, and malfunction plan means a plan developed according to the provisions of § 63.6(e)(3).


§ 63.9570 How do I apply for alternative compliance requirements?

(a) If you use a control technique other than a solvent recovery system and/or solvent substitution, you may request approval to use an alternative method of demonstrating compliance with the emission limitations in § 63.9500(a) and (b) according to the procedures in this section.


(b) You can request approval to use an alternative method of demonstrating compliance in the initial notification for existing sources, the notification of construction or reconstruction for new sources, or at any time.


(c) You must submit a description of the proposed testing, monitoring, recordkeeping, and reporting that will be used and the proposed basis for demonstrating compliance.


(1) If you have not previously performed testing, you must submit a proposed test plan. If you are seeking permission to use an alternative method of compliance based on previously performed testing, you must submit the results of testing, a description of the procedures followed in testing, and a description of pertinent conditions during testing.


(2) You must submit a monitoring plan that includes a description of the control technique, test results verifying the performance of the control technique, the appropriate operating parameters that will be monitored, and the frequency of measuring and recording to establish continuous compliance with the emission limitations in § 63.9500(a) and (b). You must also include the proposed performance specifications and quality assurance procedures for the monitors. The monitoring plan is subject to the Administrator’s approval. You must install, calibrate, operate, and maintain the monitors in accordance with the monitoring plan approved by the Administrator.


(d) Use of the alternative method of demonstrating compliance must not begin until approval is granted by the Administrator.


§§ 63.9571-63.9579 [Reserved]

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

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


Citation
Subject
Applies to subpart

QQQQQ?
Explanation
§ 63.1ApplicabilityYes
§ 63.2DefinitionsYes
§ 63.3Units and AbbreviationsYes
§ 63.4Prohibited ActivitiesYes
§ 63.5Construction/ReconstructionYes
§ 63.6(a)-(c), (i)-(j)Compliance with Standards and Maintenance RequirementsYes
§ 63.6(d)[Reserved]
§ 63.6(e)(1)(i)-(ii)SSM Operation and Maintenance RequirementsNo, for new or reconstructed sources which commenced construction or reconstruction after May 3, 2018. Yes, for all other affected sources before August 7, 2019, and No thereafterSubpart QQQQQ requires affected units to meet emissions standards at all times. See § 63.9505 for general duty requirement.
§ 63.6(e)(1)(iii), (e)(2)Operation and MaintenanceYes
§ 63.6(e)(3)SSM Plan RequirementsNo, for new or reconstructed sources which commenced construction or reconstruction after May 3, 2018. Yes, for all other affected sources before August 7, 2019, and No thereafterSubpart QQQQQ requires affected units to meet emissions standards at all times.
§ 63.6(f)(1)SSM ExemptionNo, for new or reconstructed sources which commenced construction or reconstruction after May 3, 2018. Yes, for all other affected sources before August 7, 2019, and No thereafterSubpart QQQQQ requires affected units to meet emissions standards at all times.
§ 63.6(f)(2)-(3)Compliance with Nonopacity Emission StandardsYes
§ 63.6(g)Use of an Alternative Nonopacity Emission StandardNoSubpart QQQQQ contains no work practice standards.
§ 63.6(h)Compliance with Opacity and Visible Emission StandardsNoSubpart QQQQQ contains no opacity or VE limits.
§ 63.7(a)(1)-(2)Applicability and Performance Test DatesNoSubpart QQQQQ includes dates for initial compliance demonstrations.
§ 63.7(a)(3), (b)-(h)Performance Testing RequirementsNoSubpart QQQQQ does not require performance tests.
§ 63.8(a)(1)-(2)Applicability and Relevant Standards for CMSYes
§ 63.8(a)(3)[Reserved]
§ 63.8(a)(4)Additional Monitoring Requirements for Control Devices in § 63.11NoSubpart QQQQQ does not require flares.
§ 63.8(b)Conduct of MonitoringYes
§ 63.8(c)(1)(i), (iii)Continuous Monitoring System (CMS) SSM RequirementsNo, for new or reconstructed sources which commenced construction or reconstruction after May 3, 2018. Yes, for all other affected sources before August 7, 2019, and No thereafter.
§ 63.8(c)(1)(ii), (c)(2), (c)(3)CMS Repairs, Operating Parameters, and Performance TestsYes
§ 63.8(c)(4)Continuous Monitoring System (CMS) RequirementsNoSubpart QQQQQ does not require CMS.
§ 63.8(c)(5)Continuous Opacity Monitoring System (COMS) Minimum ProceduresNoSubpart QQQQQ does not require COMS.
§ 63.8(c)(6)Zero and High Level Calibration Check RequirementsNoSubpart QQQQQ specifies calibration requirements.
§ 63.8(c)(7)-(8)Out-of-Control PeriodsNoSubpart QQQQQ specifies out-of-control periods and reporting requirements.
§ 63.8(d)CMS Quality ControlNoSubpart QQQQQ requires a monitoring plan that specifies CMS quality control procedures.
§ 63.8(e)CMS Performance EvaluationNoSubpart QQQQQ does not require CMS performance evaluations.
§ 63.8(f)(1)-(5)Alternative Monitoring ProcedureYes
§ 63.8(f)(6)Relative Accuracy Test Audit (RATA) AlternativeNoSubpart QQQQQ does not require continuous emissions monitoring systems (CEMS).
§ 63.8(g)(1)-(5)Data ReductionNoSubpart QQQQQ specifies data reduction requirements.
§ 63.9(a)-(d), (h)-(j)Notification RequirementsYesExcept that subpart QQQQQ does not require performance tests or CMS performance evaluations.
§ 63.9(e)Notification of Performance TestNoSubpart QQQQQ does not require performance tests.
§ 63.9(f)Notification of VE/Opacity TestNoSubpart QQQQQ contains no opacity or VE limits.
§ 63.9(g)Additional Notifications When Using CMSNoSubpart QQQQQ does not require CMS performance evaluations.
§ 63.9(k)Electronic reporting proceduresYesOnly as specified in § 63.9(j).
§ 63.10(a), (b)(1), (d)(1), (d)(4), (e)(3), (f)Recordkeeping and Reporting RequirementsYes
§ 63.10(b)(2)(i), (ii), (iv), (v)Recordkeeping for Startup, Shutdown and MalfunctionNo, for new or reconstructed sources which commenced construction or reconstruction after May 3, 2018. Yes, for all other affected sources before August 7, 2019, and No thereafterSee § 63.9545 for recordkeeping requirements.
§ 63.10(b)(2)(iii), (vi)-(xiv)Owner/Operator Recordkeeping RequirementsYes
§ 63.10(c)(1)-(6), (9)-(15)Additional Records for CMSNoSubpart QQQQQ specifies record requirements.
§ 63.10(c)(7)-(8)Records of Excess Emissions and Parameter Monitoring Exceedances for CMSNoSubpart QQQQQ specifies record requirements.
§ 63.10(d)(2)Reporting Results of Performance TestsNoSubpart QQQQQ does not require performance tests.
§ 63.10(d)(3)Reporting Opacity or VE ObservationsNoSubpart QQQQQ contains no opacity or VE limits.
§ 63.10(d)(5)SSM reportsNo, for new or reconstructed sources which commenced construction or reconstruction after May 3, 2018. Yes, for all other affected sources before August 7, 2019, and No thereafterSee § 63.9540 for malfunction reporting requirements.
§ 63.10(e)(1)-(2)Additional CMS ReportsNoSubpart QQQQQ does not require CMS.
§ 63.10(e)(4)Reporting COMS DataNoSubpart QQQQQ does not require COMS.
§ 63.11Control Device RequirementsNoSubpart QQQQQ does not require flares.
§§ 63.12-63.15Delegation, Addresses, Incorporation by Reference Availability of InformationYes

[67 FR 64506, Oct. 18, 2002, as amended at 84 FR 2752, Feb. 8, 2019; 85 FR 73917, Nov. 19, 2020]


Subpart RRRRR – National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing


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

What This Subpart Covers

§ 63.9580 What is the purpose of this subpart?

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


§ 63.9581 Am I subject to this subpart?

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


[85 FR 73917, Nov. 19, 2020]


§ 63.9582 What parts of my plant does this subpart cover?

(a) This subpart applies to each new and existing affected source at your taconite iron ore processing plant.


(b) The affected sources are each new or existing ore crushing and handling operation, ore dryer, indurating furnace, and finished pellet handling operation at your taconite iron ore processing plant, as defined in § 63.9652.


(c) This subpart covers emissions from ore crushing and handling emission units, ore dryer stacks, indurating furnace stacks, finished pellet handling emission units, and fugitive dust emissions.


(d) An ore crushing and handling operation, ore dryer, indurating furnace, or finished pellet handling operation at your taconite iron ore processing plant is existing if you commenced construction or reconstruction of the affected source before December 18, 2002.


(e) An ore crushing and handling operation, ore dryer, indurating furnace, or finished pellet handling operation at your taconite iron ore processing plant is new if you commence construction or reconstruction of the affected source on or after December 18, 2002. An affected source is reconstructed if it meets the definition of reconstruction in § 63.2.


§ 63.9583 When do I have to comply with this subpart?

(a) If you have an existing affected source, you must comply with each emission limitation, work practice standard, and operation and maintenance requirement in this subpart that applies to you no later than October 30, 2006.


(b) If you have a new affected source and its initial startup date is on or before October 30, 2003, you must comply with each emission limitation, work practice standard, and operation and maintenance requirement in this subpart that applies to you by October 30, 2003.


(c) If you have a new affected source and its initial startup date is after October 30, 2003, you must comply with each emission limitation, work practice standard, and operation and maintenance requirement in this subpart that applies to you upon initial startup.


(d) If your taconite iron ore processing plant is an area source that becomes a major source of HAP, the compliance dates in paragraphs (d)(1) and (2) of this section apply to you.


(1) Any portion of the taconite iron ore processing plant that is a new affected source or a new reconstructed source must be in compliance with this subpart upon startup.


(2) All other parts of the taconite iron ore processing plant must be in compliance with this subpart no later than 3 years after the plant becomes a major source.


(e) You must meet the notification and schedule requirements in § 63.9640. Several of these notifications must be submitted before the compliance date for your affected source.


Emission Limitations and Work Practice Standards

§ 63.9590 What emission limitations must I meet?

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


(b) You must meet each operating limit for control devices in paragraphs (b)(1) through (5) of this section that applies to you.


(1) Except as provided in paragraph (b)(2) of this section, for each wet scrubber applied to meet any particulate matter emission limit in Table 1 to this subpart, you must maintain the daily average pressure drop and daily average scrubber water flow rate at or above the minimum levels established during the initial performance test.


(2) On or before January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, for each dynamic wet scrubber applied to meet any particulate matter emission limit in Table 1 to this subpart, you must maintain the daily average scrubber water flow rate and either the daily average fan amperage (a surrogate for fan speed as revolutions per minute) or the daily average pressure drop at or above the minimum levels established during the initial performance test. After January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, for each dynamic wet scrubber applied to meet any particulate matter emission limit in Table 1 to this subpart, you must maintain the daily average scrubber water flow rate and the daily average fan amperage (a surrogate for fan speed as revolutions per minute) at or above the minimum levels established during the initial performance test.


(3) For each dry electrostatic precipitator applied to meet any particulate matter emission limit in Table 1 to this subpart, you must meet the operating limits in paragraph (b)(3)(i) or (ii) of this section.


(i) Maintain the 6-minute average opacity of emissions exiting the control device stack at or below the level established during the initial performance test.


(ii) Maintain the daily average secondary voltage and daily average secondary current for each field at or above the minimum levels established during the initial performance test.


(4) For each wet electrostatic precipitator applied to meet any particulate matter emission limit in Table 1 to this subpart, you must meet the operating limits in paragraphs (b)(4)(i) through (iii) of this section.


(i) Maintain the daily average secondary voltage for each field at or above the minimum levels established during the initial performance test.


(ii) Maintain the daily average stack outlet temperature at or below the maximum levels established during the initial performance test.


(iii) Maintain the daily average water flow rate at or above the minimum levels established during the initial performance test.


(5) If you use any air pollution control device other than a baghouse, wet scrubber, dynamic scrubber, dry electrostatic precipitator, or wet electrostatic precipitator, you must submit a site-specific monitoring plan in accordance with § 63.9631(f).


(c) You may petition the Administrator for approval of alternatives to the monitoring requirements in paragraphs (b)(1) through (4) of this section as allowed under § 63.8(f) and as defined in § 63.90.


[68 FR 61888, Oct. 30, 2003, as amended at 85 FR 45492, July 28, 2020]


§ 63.9591 What work practice standards must I meet?

(a) You must prepare, and at all times operate according to, a fugitive dust emissions control plan that describes in detail the measures that will be put in place to control fugitive dust emissions from the locations listed in paragraphs (a)(1) through (6) of this section.


(1) Stockpiles (includes, but is not limited to, stockpiles of uncrushed ore, crushed ore, or finished pellets);


(2) Material transfer points;


(3) Plant roadways;


(4) Tailings basin;


(5) Pellet loading areas; and


(6) Yard areas.


(b) A copy of your fugitive dust emissions control plan must be submitted for approval to the Administrator on or before the applicable compliance date for the affected source as specified in § 63.9583. The requirement for the plant to operate according to the fugitive dust emissions control plan must be incorporated by reference in the operating permit for the plant that is issued by the designated permitting authority under 40 CFR part 70 or 40 CFR part 71.


(c) You can use an existing fugitive dust emissions control plan provided it meets the requirements in paragraphs (c)(1) through (3) of this section.


(1) The plan satisfies the requirements of paragraph (a) of this section.


(2) The plan describes the current measures to control fugitive dust emission sources.


(3) The plan has been approved as part of a State implementation plan or title V permit.


(d) You must maintain a current copy of the fugitive dust emissions control plan onsite, and it must be available for inspection upon request. You must keep the plan for the life of the affected source or until the affected source is no longer subject to the requirements of this subpart.


Operation and Maintenance Requirements

§ 63.9600 What are my operation and maintenance requirements?

(a) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, you must always operate and maintain your affected source, including air pollution control and monitoring equipment, according to the provisions in § 63.6(e)(1)(i). After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, at all times, you must always operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source.


(b) You must prepare, and at all times operate according to, a written operation and maintenance plan for each control device applied to meet any particulate matter emission limit in Table 1 to this subpart and to meet the requirement of each indurating furnace subject to good combustion practices (GCP). Each site-specific operation and maintenance plan must be submitted to the Administrator on or before the compliance date that is specified in § 63.9583 for your affected source. The plan you submit must explain why the chosen practices (i.e., quantified objectives) are effective in performing corrective actions or GCP in minimizing the formation of formaldehyde (and other products of incomplete combustion). The Administrator will review the adequacy of the site-specific practices and objectives you will follow and the records you will keep to demonstrate compliance with your Plan. If the Administrator determines that any portion of your operation and maintenance plan is not adequate, we can reject those portions of the plan, and request that you provide additional information addressing the relevant issues. In the interim of this process, you will continue to follow your current site-specific practices and objectives, as submitted, until your revisions are accepted as adequate by the Administrator. You must maintain a current copy of the operation and maintenance plan onsite, and it must be available for inspection upon request. You must keep the plan for the life of the affected source or until the affected source is no longer subject to the requirements of this subpart. Each operation and maintenance plan must address the elements in paragraphs (b)(1) through (4) of this section.


(1) Preventative maintenance for each control device, including a preventative maintenance schedule that is consistent with the manufacturer’s instructions for routine and long-term maintenance.


(2) Corrective action procedures for bag leak detection systems. On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, 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 may include, but are not limited to, the actions listed in paragraphs (b)(2)(i) through (vi) of this section. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, 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. If the alarm sounds more than 5 percent of the operating time during a 6-month period as determined according to § 63.9634(d)(3), it is considered an operating parameter deviation. Corrective actions may include, but are not limited to, the actions listed in paragraphs (b)(2)(i) through (vi) of this section.


(i) Inspecting the baghouse for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in emissions.


(ii) Sealing off defective bags or filter media.


(iii) Replacing defective bags or filter media or otherwise repairing the control device.


(iv) Sealing off a defective baghouse compartment.


(v) Cleaning the bag leak detection system probe, or otherwise repairing the bag leak detection system.


(vi) Adjusting the process operation producing the particulate emissions.


(3) Corrective action procedures for continuous parameter monitoring systems (CPMS) for all air pollution control devices except for baghouses. In the event you exceed an established operating limit for an air pollution control device except for a baghouse, you must initiate corrective action to determine the cause of the operating limit exceedance and complete the corrective action within 10 calendar days. The corrective action procedures you take must be consistent with the installation, operation, and maintenance procedures listed in your site-specific CPMS monitoring plan in accordance with § 63.9632(b).


(4) Good combustion practices for indurating furnaces. You must identify and implement a set of site-specific GCP for each type of indurating furnace at your plant. These GCP should correspond to your standard operating procedures for maintaining the proper and efficient combustion within each indurating furnace. Good combustion practices include, but are not limited to, the elements listed in paragraphs (b)(4)(i) through (v) of this section.


(i) Proper operating conditions for each indurating furnace (e.g., minimum combustion temperature, maximum carbon monoxide concentration in the furnace exhaust gases, burner alignment, or proper fuel-air distribution/mixing).


(ii) Routine inspection and preventative maintenance and corresponding schedules of each indurating furnace.


(iii) Performance analyses of each indurating furnace.


(iv) Keeping applicable operator logs.


(v) Keeping applicable records to document compliance with each element.


[68 FR 61888, Oct. 30, 2003, as amended at 85 FR 45492, July 28, 2020]


General Compliance Requirements

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

(a) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, you must be in compliance with the requirements in paragraphs (a)(1) through (6) of this section at all times, except during periods of startup, shutdown, and malfunction. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, for affected sources that commenced construction or reconstruction after September 25, 2019, you must be in compliance with the emission limitations, standards, and operation and maintenance requirements in this subpart at all times.


(1) The emission limitations in § 63.9590.


(2) The work practice standards in § 63.9591.


(3) The operation and maintenance requirements in § 63.9600.


(4) The notification requirements in § 63.9640.


(5) The reporting requirements in § 63.9641.


(6) The recordkeeping requirements in § 63.9642.


(b) During the period between the compliance date specified for your affected source in § 63.9583 and the date upon which continuous monitoring systems have been installed and certified and any applicable operating limits have been set, you must maintain a log detailing the operation and maintenance of the process and emissions control equipment. This includes the daily monitoring and recordkeeping of air pollution control device operating parameters as specified in § 63.9590(b).


(c) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, you must develop a written startup, shutdown, and malfunction plan according to the provisions in § 63.6(e)(3). For affected sources, a startup, shutdown, and malfunction plan is not required after January 25, 2021. No startup, shutdown, and malfunction plan is required for affected sources that commenced construction or reconstruction after September 25, 2019.


[68 FR 61888, Oct. 30, 2003, as amended at 71 FR 20470, Apr. 20, 2006; 85 FR 45492, July 28, 2020]


Initial Compliance Requirements

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

(a) For each ore crushing and handling affected source, you must demonstrate initial compliance with the emission limits in Table 1 to this subpart by conducting an initial performance test for particulate matter as specified in paragraphs (a)(1) and (2) of this section.


(1) Except as provided in paragraph (e) of this section, an initial performance test must be performed on all stacks associated with ore crushing and handling.


(2) Initial performance tests must be completed no later than 180 calendar days after the compliance date specified in § 63.9583. Performance tests conducted between October 30, 2003 and no later than 180 days after the corresponding compliance date can be used for initial compliance demonstration, provided the tests meet the initial performance testing requirements of this subpart.


(b) For each indurating furnace affected source, you must demonstrate initial compliance with the emission limits in Table 1 to this subpart by conducting an initial performance test for particulate matter as specified in paragraphs (b)(1) and (2) of this section.


(1) An initial performance test must be performed on all stacks associated with each indurating furnace.


(2) Initial performance tests must be completed no later than 180 calendar days after the compliance date specified in § 63.9583. Performance tests conducted between October 30, 2003 and no later than 180 days after the corresponding compliance date can be used for initial compliance demonstration, provided the tests meet the initial performance testing requirements of this subpart. For indurating furnaces with multiple stacks, the performance tests for all stacks must be completed within a reasonable period of time, such that the indurating furnace operating characteristics remain representative for the duration of the stack tests.


(c) For each finished pellet handling affected source, you must demonstrate initial compliance with the emission limits in Table 1 to this subpart by conducting an initial performance test for particulate matter as specified in paragraphs (c)(1) and (2) of this section.


(1) Except as provided in paragraph (e) of this section, an initial performance test must be performed on all stacks associated with finished pellet handling.


(2) Initial performance tests must be completed no later than 180 calendar days after the compliance date specified in § 63.9583. Performance tests conducted between October 30, 2003 and no later than 180 days after the corresponding compliance date can be used for initial compliance demonstration, provided the tests meet the initial compliance testing requirements of this subpart.


(d) For each ore dryer affected source, you must demonstrate initial compliance with the emission limits in Table 1 to this subpart by conducting an initial performance test for particulate matter as specified in paragraphs (d)(1) and (2) of this section.


(1) An initial performance test must be performed on all stacks associated with each ore dryer.


(2) Initial performance tests must be completed no later than 180 calendar days after the compliance date specified in § 63.9583. Performance tests conducted between October 30, 2003 and no later than 180 days after the corresponding compliance date can be used for initial compliance demonstration, provided the tests meet the initial compliance testing requirements of this subpart. For ore dryers with multiple stacks, the performance tests for all stacks must be completed within a reasonable period of time, such that the ore dryer operating characteristics remain representative for the duration of the stack tests.


(e) For ore crushing and handling affected sources and finished pellet handling affected sources, in lieu of conducting initial performance tests for particulate matter on all stacks, you may elect to group a maximum of six similar emission units together and conduct an initial compliance test on one representative emission unit within each group of similar emission units. The determination of whether emission units are similar must meet the criteria in paragraph (f) of this section. If you decide to test representative emission units, you must prepare and submit a testing plan as described in paragraph (g) of this section.


(f) If you elect to test representative emission units as provided in paragraph (e) of this section, the units that are grouped together as similar units must meet the criteria in paragraphs (f)(1) and (2) of this section.


(1) All emission units within a group must be of the same process type (e.g., primary crushers, secondary crushers, tertiary crushers, fine crushers, ore conveyors, ore bins, ore screens, grate feed, pellet loadout, hearth layer, cooling stacks, pellet conveyor, and pellet screens). You cannot group emission units from different process types together for the purposes of this section.


(2) All emission units within a group must also have the same type of air pollution control device (e.g., wet scrubbers, dynamic wet scrubbers, rotoclones, multiclones, wet and dry electrostatic precipitators, and baghouses). You cannot group emission units with different air pollution control device types together for the purposes of this section.


(3) The site-specific operating limits established for the emission unit selected as representative of a group of similar emission units will be used as the operating limit for each emission unit within the group. The operating limit established for the representative unit must be met by each emission unit within the group.


(g) If you plan to conduct initial performance tests on representative emission units within an ore crushing and handling affected source or a finished pellet handling affected source, you must submit a testing plan for initial performance tests. This testing plan must be submitted to the Administrator or delegated authority no later than 90 days prior to the first scheduled initial performance test. The testing plan must contain the information specified in paragraphs (g)(1) through (3) of this section.


(1) A list of all emission units. This list must clearly identify all emission units that have been grouped together as similar emission units. Within each group of emission units, you must identify the emission unit that will be the representative unit for that group and subject to initial performance testing.


(2) A list of the process type and type of air pollution control device on each emission unit.


(3) A schedule indicating when you will conduct an initial performance test for particulate matter for each representative emission unit.


(h) For each work practice standard and operation and maintenance requirement that applies to you where initial compliance is not demonstrated using a performance test, you must demonstrate initial compliance within 30 calendar days after the compliance date that is specified for your affected source in § 63.9583.


(i) If you commenced construction or reconstruction of an affected source between December 18, 2002 and October 30, 2003 , you must demonstrate initial compliance with either the proposed emission limit or the promulgated emission limit no later than 180 calendar days after October 30, 2003 or no later than 180 calendar days after startup of the source, whichever is later, according to § 63.7(a)(2)(ix).


(j) If you commenced construction or reconstruction of an affected source between December 18, 2002 and October 30, 2003, and you chose to comply with the proposed emission limit when demonstrating initial compliance, you must conduct a second performance test to demonstrate compliance with the promulgated emission limit by 3 years and 180 calendar days after October 30, 2003, or after startup of the source, whichever is later, according to § 63.7(a)(2)(ix).


[68 FR 61888, Oct. 30, 2003, as amended at 85 FR 45492, July 28, 2020]


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

(a) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, you must conduct each performance test that applies to your affected source according to the requirements in § 63.7(e)(1) and paragraphs (b) and (c) of this section. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, you must conduct each performance test that applies to your affected source under normal operating conditions of the affected source. The owner or operator may not conduct performance tests during periods of malfunction. The owner or operator must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. You must also conduct each performance test that applies to your affected source according to the requirements in paragraphs (b) and (c) of this section.


(b) For each ore crushing and handling affected source and each finished pellet handling affected source, you must determine compliance with the applicable emission limit for particulate matter in Table 1 to this subpart by following the test methods and procedures in paragraphs (b)(1) through (3) of this section.


(1) Except as provided in § 63.9620(e), determine the concentration of particulate matter in the stack gas for each emission unit according to the test methods listed in paragraphs (b)(1)(i) through (v) of this section.


(i) EPA Method 1 or 1A in appendix A-1 to part 60 of this chapter 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) EPA Method 2, 2A, 2C, 2D, or 2F in appendix A-1 to part 60 of this chapter or EPA Method 2G in appendix A-2 to part 60 of this chapter, as applicable, to determine the volumetric flow rate of the stack gas.


(iii) EPA Method 3A or 3B in appendix A-2 to part 60 of this chapter to determine the dry molecular weight of the stack gas. The voluntary consensus standard ANSI/ASME PTC 19.10-1981 (incorporated by reference-see § 63.14) may be used as an alternative to the manual procedures (but not instrumental procedures) in EPA Method 3B.


(iv) EPA Method 4 in appendix A-3 to part 60 of this chapter to determine the moisture content of the stack gas.


(v) EPA Method 5 or 5D in appendix A-3 to part 60 of this chapter or EPA Method 17 in appendix A-6 to part 60 of this chapter to determine the concentration of particulate matter.


(2) Each EPA Method 5, 5D, or 17 performance test must consist of three separate runs. Each run must be conducted for a minimum of 1 hour. If any measurement result is reported as below the method detection limit, use the method detection limit for that value when calculating the average particulate matter concentration. The average particulate matter concentration from the three runs will be used to determine compliance, as shown in Equation 1 of this section.




Where:

Ci = Average particulate matter concentration for emission unit, grains per dry standard cubic foot, (gr/dscf);

C1 = Particulate matter concentration for run 1 corresponding to emission unit, gr/dscf;

C2 = Particulate matter concentration for run 2 corresponding to emission unit, gr/dscf; and

C3 = Particulate matter concentration for run 3 corresponding to emission unit, gr/dscf.

(3) For each ore crushing and handling affected source and each finished pellet handling affected source, you must determine the flow-weighted mean concentration of particulate matter emissions from all emission units in each affected source following the procedure in paragraph (b)(3)(i) or (ii) of this section.


(i) If an initial performance test is conducted on all emission units within an affected source, calculate the flow-weighted mean concentration of particulate matter emissions from the affected source using Equation 2 of this section.





Where:

Ca = Flow-weighted mean concentration of particulate matter for all emission units within affected source, (gr/dscf);

Ci = Average particulate matter concentration measured during the performance test from emission unit “i” in affected source, as determined using Equation 1 of this section, gr/dscf;

Qi = Average volumetric flow rate of stack gas measured during the performance test from emission unit “i” in affected source, dscf/hr; and

n = Number of emission units in affected source.

(ii) If you are grouping similar emission units together in accordance with § 63.9620(e), you must follow the procedures in paragraphs (b)(3)(ii)(A) through (C) of this section.


(A) Assign the average particulate matter concentration measured from the representative unit, as determined from Equation 1 of this section, to each emission unit within the corresponding group of similar units.


(B) Establish the maximum operating volumetric flow rate of exhaust gas from each emission unit within each group of similar units.


(C) Using the data from paragraphs (b)(3)(ii)(A) and (B) of this section, calculate the flow-weighted mean concentration of particulate matter emissions from the affected source using Equation 3 of this section.





Where:

Ca = Flow-weighted mean concentration of particulate matter for all emission units within affected source, gr/dscf;

Ck = Average particulate matter concentration measured during the performance test from the representative emission unit in group “k” of affected source “a,” as determined using Equation 1 of this section, gr/dscf;

Qk = Sum of the maximum operating volumetric flow rates of stack gas from all similar emission units within group “k” of affected source, dscf/hr; and

m = Number of similar emission unit groups in affected source.

(c) For each ore dryer affected source and each indurating furnace affected source, you must determine compliance with the applicable emission limit for particulate matter in Table 1 to this subpart by following the test methods and procedures in paragraphs (c)(1) through (3) of this section.


(1) Determine the concentration of particulate matter for each stack according to the test methods listed in paragraphs (c)(1)(i) through (v) of this section.


(i) EPA Method 1 or 1A in appendix A-1 to part 60 of this chapter 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) EPA Method 2, 2A, 2C, 2D, or 2F in appendix A-1 to part 60 of this chapter or EPA Method 2G in appendix A-2 to part 60 of this chapter, as applicable, to determine the volumetric flow rate of the stack gas.


(iii) EPA Method 3A or 3B in appendix A-2 to part 60 of this chapter to determine the dry molecular weight of the stack gas. The voluntary consensus standard ANSI/ASME PTC 19.10-1981 (incorporated by reference-see § 63.14) may be used as an alternative to the manual procedures (but not instrumental procedures) in EPA Method 3B.


(iv) EPA Method 4 in appendix A-3 to part 60 of this chapter to determine the moisture content of the stack gas.


(v) EPA Method 5 or 5D in appendix A-3 to part 60 of this chapter to determine the concentration of particulate matter.


(2) Each EPA Method 5 or 5D performance test must consist of three separate runs. Each run must be conducted for a minimum of 1 hour. If any measurement result is reported as below the method detection limit, use the method detection limit for that value when calculating the average particulate matter concentration. The average particulate matter concentration from the three runs will be used to determine compliance, as shown in Equation 1 of this section.


[68 FR 61888, Oct. 30, 2003, as amended at 85 FR 45492, July 28, 2020]


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

(a) For wet scrubbers subject to performance testing in § 63.9620 and operating limits for pressure drop and scrubber water flow rate in § 63.9590(b)(1), you must establish site-specific operating limits according to the procedures in paragraphs (a)(1) through (3) of this section.


(1) Using the CPMS required in § 63.9631(b), measure and record the pressure drop and scrubber water flow rate every 15 minutes during each run of the particulate matter performance test.


(2) Calculate and record the average pressure drop and scrubber water flow rate for each individual test run. Your operating limits are established as the lowest average pressure drop and the lowest average scrubber water flow rate corresponding to any of the three test runs.


(3) If a rod-deck venturi scrubber is applied to an indurating furnace to meet any particulate matter emission limit in Table 1 to this subpart, you may establish a lower average pressure drop operating limit by using historical average pressure drop data from a certified performance test completed on or after December 18, 2002 instead of using the average pressure drop value determined during the initial performance test, as specified in paragraph (a)(2) of this section. If historical average pressure drop data are used to establish an operating limit (i.e., using data from a certified performance test conducted prior to the promulgation date of the final rule), then the average particulate matter concentration corresponding to the historical performance test must be at or below the applicable indurating furnace emission limit, as listed in Table 1 to this subpart.


(b) On or before January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, for dynamic wet scrubbers subject to performance testing in § 63.9620 and operating limits for scrubber water flow rate and either fan amperage or pressure drop in § 63.9590(b)(2), you must establish site-specific operating limits according to the procedures in paragraphs (b)(1) and (2) of this section. After January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, for dynamic wet scrubbers subject to performance testing in § 63.9620 and operating limits for scrubber water flow rate and fan amperage in § 63.9590(b)(2), you must establish site-specific operating limits according to the procedures in paragraphs (b)(1) and (2) of this section.


(1) On or before January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, using the CPMS required in § 63.9631(b), measure and record the scrubber water flow rate and either the fan amperage or pressure drop every 15 minutes during each run of the particulate matter performance test. After January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, using the CPMS required in § 63.9631(b), measure and record the scrubber water flow rate and the fan amperage every 15 minutes during each run of the particulate matter performance test.


(2) On or before January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, calculate and record the average scrubber water flow rate and either the average fan amperage or the average pressure drop for each individual test run. Your operating limits are established as the lowest average scrubber water flow rate and either the lowest average fan amperage or pressure drop value corresponding to any of the three test runs. After January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, calculate and record the average scrubber water flow rate and the average fan amperage for each individual test run. Your operating limits are established as the lowest average scrubber water flow rate and the lowest average fan amperage value corresponding to any of the three test runs.


(c) For a dry electrostatic precipitator subject to performance testing in § 63.9620 and operating limits in § 63.9590(b)(3), you must establish a site-specific operating limit according to the procedures in paragraphs (c)(1) or (2) of this section.


(1) If the operating limit for your dry electrostatic precipitator is a 6-minute average opacity of emissions value, then you must follow the requirements in paragraphs (c)(1)(i) through (iii) of this section.


(i) Using the continuous opacity monitoring system (COMS) required in § 63.9631(d)(1), measure and record the opacity of emissions from each control device stack during the particulate matter performance test.


(ii) Compute and record the 6-minute opacity averages from 24 or more data points equally spaced over each 6-minute period (e.g., at 15-second intervals) during the test runs.


(iii) Using the opacity measurements from a performance test that meets the emission limit, determine the opacity value corresponding to the 99 percent upper confidence level of a normal distribution of the 6-minute opacity averages.


(2) If the operating limit for your dry electrostatic precipitator is the daily average secondary voltage and daily average secondary current for each field, then you must follow the requirements in paragraphs (c)(2)(i) and (ii) of this section.


(i) Using the CPMS required in § 63.9631(d)(2), measure and record the secondary voltage and secondary current for each dry electrostatic precipitator field every 15 minutes during each run of the particulate matter performance test.


(ii) Calculate and record the average secondary voltage and secondary current for each dry electrostatic precipitator field for each individual test run. Your operating limits are established as the lowest average secondary voltage and secondary current value for each dry electrostatic precipitator field corresponding to any of the three test runs.


(d) For a wet electrostatic precipitator subject to performance testing in § 63.9620 and operating limit in § 63.9590(b)(4), you must establish a site-specific operating limit according to the procedures in paragraphs (d)(1) and (2) of this section.


(1) Using the CPMS required in § 63.9631(e), measure and record the parametric values in paragraphs (d)(1)(i) through (iii) of this section for each wet electrostatic precipitator field every 15 minutes during each run of the particulate matter performance test.


(i) Secondary voltage;


(ii) Water flow rate; and


(iii) Stack outlet temperature.


(2) For each individual test run, calculate and record the average value for each operating parameter in paragraphs (d)(1)(i) through (iii) of this section for each wet electrostatic precipitator field. Your operating limits are established as the lowest average value for each operating parameter of secondary voltage and water flow rate corresponding to any of the three test runs, and the highest average value for each stack outlet temperature corresponding to any of the three test runs.


(e) If you use an air pollution control device other than a wet scrubber, dynamic wet scrubber, dry electrostatic precipitator, wet electrostatic precipitator, or baghouse, and it is subject to performance testing in § 63.9620, you must submit a site-specific monitoring plan in accordance with § 63.9631(f). The site-specific monitoring plan must include the site-specific procedures for demonstrating initial and continuous compliance with the corresponding operating limits.


(f) You may change the operating limits for any air pollution control device as long as you meet the requirements in paragraphs (f)(1) through (3) of this section.


(1) Submit a written notification to the Administrator of your request to conduct a new performance test to revise the operating limit.


(2) Conduct a performance test to demonstrate compliance with the applicable emission limitation in Table 1 to this subpart.


(3) Establish revised operating limits according to the applicable procedures in paragraphs (a) through (e) of this section.


[68 FR 61888, Oct. 30, 2003, as amended at 85 FR 45493, July 28, 2020]


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

(a) For each affected source subject to an emission limit in Table 1 to this subpart, you must demonstrate initial compliance by meeting the emission limit requirements in paragraphs (a)(1) through (4) of this section.


(1) For ore crushing and handling, the flow-weighted mean concentration of particulate matter, determined according to the procedures in §§ 63.9620(a) and 63.9621(b), must not exceed the emission limits in Table 1 to this subpart.


(2) For indurating furnaces, the flow-weighted mean concentration of particulate matter, determined according to the procedures in §§ 63.9620(b) and 63.9621(c), must not exceed the emission limits in Table 1 to this subpart.


(3) For finished pellet handling, the flow-weighted mean concentration of particulate matter, determined according to the procedures in §§ 63.9620(c) and 63.9621(b), must not exceed the emission limits in Table 1 to this subpart.


(4) For ore dryers, the flow-weighted mean concentration of particulate matter, determined according to the procedures in §§ 63.9620(d) and 63.9621(c), must not exceed the emission limits in Table 1 to this subpart.


(b) For each affected source subject to an emission limit in Table 1 to this subpart, you must demonstrate initial compliance by meeting the operating limit requirements in paragraphs (b)(1) through (5) of this section.


(1) For each wet scrubber subject to performance testing in § 63.9620 and operating limits for pressure drop and scrubber water flow rate in § 63.9590(b)(1), you have established appropriate site-specific operating limits and have a record of the pressure drop and scrubber water flow rate measured during the performance test in accordance with § 63.9622(a).


(2) On or before January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, for each dynamic wet scrubber subject to performance testing in § 63.9620 and operating limits for scrubber water flow rate and either fan amperage or pressure drop in § 63.9590(b)(2), you have established appropriate site-specific operating limits and have a record of the scrubber water flow rate and either the fan amperage or pressure drop value, measured during the performance test in accordance with § 63.9622(b). After January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, for each dynamic wet scrubber subject to performance testing in § 63.9620 and operating limits for scrubber water flow rate and fan amperage in § 63.9590(b)(2), you have established appropriate site-specific operating limits and have a record of the scrubber water flow rate and the fan amperage value, measured during the performance test in accordance with § 63.9622(b).


(3) For each dry electrostatic precipitator subject to performance testing in § 63.9620 and one of the operating limits in § 63.9590(b)(3), you must meet the requirements in paragraph (b)(3)(i) or (ii) of this section.


(i) If you are subject to the operating limit for opacity in § 63.9590(b)(3)(i), you have established appropriate site-specific operating limits and have a record of the opacity measured during the performance test in accordance with § 63.9622(c)(1).


(ii) If you are subject to the operating limit for secondary voltage and secondary current in § 63.9590(b)(3)(ii), you have established appropriate site-specific operating limits and have a record of the secondary voltage and secondary current measured during the performance test in accordance with § 63.9622(c)(2).


(4) For each wet electrostatic precipitator subject to performance testing in § 63.9620 and operating limits for secondary voltage, water flow rate, and stack outlet temperature in § 63.9590(b)(4), you have established appropriate site-specific operating limits and have a record of the secondary voltage, water flow rate, and stack outlet temperature measured during the performance test in accordance with § 63.9622(d).


(5) For other air pollution control devices subject to performance testing in § 63.9620 and operating limits in accordance with § 63.9590(b)(5), you have submitted a site-specific monitoring plan in accordance with § 63.9631(f) and have a record of the site-specific operating limits as measured during the performance test in accordance with § 63.9622(e).


(c) For each emission limitation and operating limit that applies to you, you must submit a notification of compliance status according to § 63.9640(e).


[68 FR 61888, Oct. 30, 2003, as amended at 85 FR 45494, July 28, 2020]


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

You must demonstrate initial compliance with the work practice standards by meeting the requirements in paragraphs (a) through (c) of this section.


(a) You must prepare a fugitive dust emissions control plan in accordance with the requirements in § 63.9591.


(b) You must submit to the Administrator the fugitive dust emissions control plan in accordance with the requirements in § 63.9591.


(c) You must implement each control practice according to the procedures specified in your fugitive dust emissions control plan.


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

For each air pollution control device subject to operating limits in § 63.9590(b), you have demonstrated initial compliance with the operation and maintenance requirements if you meet all of the requirements in paragraphs (a) through (d) of this section.


(a) You have prepared the operation and maintenance plan for air pollution control devices in accordance with § 63.9600(b).


(b) You have operated each air pollution control device according to the procedures in the operation and maintenance plan.


(c) You have submitted a notification of compliance status according to the requirements in § 63.9640(e).


(d) You have prepared a site-specific monitoring plan in accordance with § 63.9632(b).


[68 FR 61888, Oct. 30, 2003, as amended at 85 FR 45494, July 28, 2020]


Continuous Compliance Requirements

§ 63.9630 When must I conduct subsequent performance tests?

(a) You must conduct subsequent performance tests to demonstrate continued compliance with the ore crushing and handling emission limits in Table 1 to this subpart according to the schedule developed by your permitting authority and shown in your title V permit. If a title V permit has not been issued, you must submit a testing plan and schedule, containing the information specified in paragraph (e) of this section, to the permitting authority for approval.


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


(c) You must conduct subsequent performance tests to demonstrate continued compliance with the finished pellet handling emission limits in Table 1 to this subpart according to the schedule developed by your permitting authority and shown in your title V permit. If a title V permit has not been issued, you must submit a testing plan and schedule, containing the information specified in paragraph (e) of this section, to the permitting authority for approval.


(d) You must conduct subsequent performance tests on all stacks associated with ore dryers to demonstrate continued compliance with the ore dryer emission limits in Table 1 to this subpart according to the schedule developed by your permitting authority and shown in your title V permit. If a title V permit has not been issued, you must submit a testing plan and schedule, containing the information specified in paragraph (e) of this section, to the permitting authority for approval. For ore dryers with multiple stacks, the performance tests for all stacks associated with an ore dryer must be conducted within a reasonable period of time, such that the ore dryer operating characteristics remain representative for the duration of the stack tests.


(e) If your plant does not have a title V permit, you must submit a testing plan for subsequent performance tests as required in paragraphs (a) through (d) of this section. This testing plan must be submitted to the Administrator on or before the compliance date that is specified in § 63.9583. The testing plan must contain the information specified in paragraphs (e)(1) and (2) of this section. You must maintain a current copy of the testing plan onsite, and it must be available for inspection upon request. You must keep the plan for the life of the affected source or until the affected source is no longer subject to the requirements of this subpart.


(1) A list of all emission units.


(2) A schedule indicating when you will conduct subsequent performance tests for particulate matter for each of the emission units.


§ 63.9631 What are my monitoring requirements?

(a) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, for each baghouse applied to meet any particulate matter emission limit in Table 1 to this subpart, you must install, operate, and maintain a bag leak detection system to monitor the relative change in particulate matter loadings according to the requirements in § 63.9632(a), and conduct inspections at their specified frequencies according to the requirements in paragraphs (a)(1) through (8) of this section. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, for each baghouse applied to meet any particulate matter emission limit in Table 1 to this subpart, you must install, operate, and maintain a bag leak detection system to monitor the relative change in particulate matter loadings according to the requirements in § 63.9632(a), and conduct inspections at their specified frequencies according to the requirements in paragraphs (a)(1) through (6) and (8) of this section. For each baghouse applied to meet any particulate matter emission limit in Table 1 to this subpart that is not required by § 63.9632(a) to be equipped with a bag leak detection system, you must conduct inspections at their specified frequencies according to the requirements in paragraphs (a)(1) through (8) of this section.


(1) Monitor the pressure drop across each baghouse cell each day to ensure pressure drop is within the normal operating range.


(2) Confirm that dust is being removed from hoppers through weekly visual inspections or other means of ensuring the proper functioning of removal mechanisms.


(3) Check the compressed air supply of pulse-jet baghouses each day.


(4) Monitor cleaning cycles to ensure proper operation using an appropriate methodology.


(5) Check bag cleaning mechanisms for proper functioning through monthly visual inspections or equivalent means.


(6) Make monthly visual checks of bag tension on reverse air and shaker-type baghouses to ensure that bags are not kinked (kneed or bent) or lying on their sides. You do not have to make this check for shaker-type baghouses that have self-tensioning (spring-loaded) devices.


(7) Confirm the physical integrity of the baghouse through quarterly visual inspections of the baghouse interior for air leaks.


(8) Inspect fans for wear, material buildup, and corrosion through quarterly visual inspections, vibration detectors, or equivalent means.


(b) Except as provided in paragraph (c) of this section, for each wet scrubber subject to the operating limits for pressure drop and scrubber water flow rate in § 63.9590(b)(1), you must install, operate, and maintain a CPMS according to the requirements in § 63.9632(b) through (e) and monitor the daily average pressure drop and daily average scrubber water flow rate according to the requirements in § 63.9633.


(c) On or before January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, for each dynamic wet scrubber subject to the scrubber water flow rate and either the fan amperage or pressure drop operating limits in § 63.9590(b)(2), you must install, operate, and maintain a CPMS according to the requirements in § 63.9632(b) through (e) and monitor the daily average scrubber water flow rate and either the daily average fan amperage or the daily average pressure drop according to the requirements in § 63.9633. After January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, for each dynamic wet scrubber subject to the scrubber water flow rate and the fan amperage operating limits in § 63.9590(b)(2), you must install, operate, and maintain a CPMS according to the requirements in § 63.9632(b) through (e) and monitor the daily average scrubber water flow rate and the daily average fan amperage according to the requirements in § 63.9633.


(d) For each dry electrostatic precipitator subject to the operating limits in § 63.9590(b)(3), you must follow the monitoring requirements in paragraph (d)(1) or (2) of this section.


(1) If the operating limit you choose to monitor is the 6-minute average opacity of emissions in accordance with § 63.9590(b)(3)(i), you must install, operate, and maintain a COMS according to the requirements in § 63.9632(f) and monitor the 6-minute average opacity of emissions exiting each control device stack according to the requirements in § 63.9633.


(2) If the operating limit you choose to monitor is average secondary voltage and average secondary current for each dry electrostatic precipitator field in accordance with § 63.9590(b)(3)(ii), you must install, operate, and maintain a CPMS according to the requirements in § 63.9632(b) through (e) and monitor the daily average secondary voltage and daily average secondary current according to the requirements in § 63.9633.


(e) For each wet electrostatic precipitator subject to the operating limits in § 63.9590(b)(4), you must install, operate, and maintain a CPMS according to the requirements in § 63.9632(b) through (e) and monitor the daily average secondary voltage, daily average stack outlet temperature, and daily average water flow rate according to the requirements in § 63.9633.


(f) If you use any air pollution control device other than a baghouse, wet scrubber, dry electrostatic precipitator, or wet electrostatic precipitator, you must submit a site-specific monitoring plan that includes the information in paragraphs (f)(1) through (4) of this section. The monitoring plan is subject to approval by the Administrator. You must maintain a current copy of the monitoring plan onsite, and it must be available for inspection upon request. You must keep the plan for the life of the affected source or until the affected source is no longer subject to the requirements of this subpart.


(1) A description of the device.


(2) Test results collected in accordance with § 63.9621 verifying the performance of the device for reducing emissions of particulate matter to the atmosphere to the levels required by this subpart.


(3) A copy of the operation and maintenance plan required in § 63.9600(b).


(4) Appropriate operating parameters that will be monitored to maintain continuous compliance with the applicable emission limitation(s).


[68 FR 61888, Oct. 30, 2003, as amended at 85 FR 45494, July 28, 2020]


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

(a) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, for each negative pressure baghouse or positive pressure baghouse equipped with a stack, applied to meet any particulate emission limit in Table 1 to this subpart, you must install, operate, and maintain a bag leak detection system for each exhaust stack according to the requirements in paragraphs (a)(1) and (2) and (a)(4) through (9) of this section. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, for each negative pressure baghouse or positive pressure baghouse equipped with a stack, applied to meet any particulate emission limit in Table 1 to this subpart, you must install, operate, and maintain a bag leak detection system for each exhaust stack according to the requirements in paragraphs (a)(1) through (9) 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 bag leak detection system must be equipped with a device to continuously record the output signal from the sensor.


(4) The system must be equipped with an alarm that will sound when an increase in relative particulate loadings is detected over the alarm level set point established according to paragraph (a)(5) of this section. The alarm must be located such that it can be heard by the appropriate plant personnel.


(5) For each bag leak detection system, you must develop and submit to the Administrator for approval, a site-specific monitoring plan that addresses the items identified in paragraphs (a)(5)(i) through (v) of this section. The monitoring plan shall be consistent with the manufacturer’s specifications and recommendations contained in the U.S. Environmental Protection Agency (U.S. EPA) guidance document, “Fabric Filter Bag Leak Detection Guidance” (EPA-454/R-98-015) (incorporated by reference – see § 63.14). You must operate and maintain the bag leak detection system according to the site-specific monitoring plan at all times. The plan shall describe all of the items in paragraphs (a)(5)(i) through (v) of this section.


(i) Installation of the bag leak detection system.


(ii) Initial and periodic adjustment of the bag leak detection system including how the alarm set-point will be established.


(iii) Operation of the bag leak detection system including quality assurance procedures.


(iv) How the bag leak detection system will be maintained including a routine maintenance schedule and spare parts inventory list.


(v) How the bag leak detection system output shall be recorded and stored.


(6) To make the initial adjustment of the system, establish the baseline output by adjusting the sensitivity (range) and the averaging period of the device. Then, establish the alarm set points and the alarm delay time (if applicable).


(7) Following initial adjustment, do not adjust sensitivity or range, averaging period, alarm set point, or alarm delay time, without approval from the Administrator except as provided for in paragraph (a)(7)(i) of this section. In no event may the sensitivity be increased more than 100 percent or decreased by more than 50 percent over a 365-day period unless such adjustment follows a complete baghouse inspection that demonstrates the baghouse is in good operating condition.


(i) Once per quarter, you may adjust the sensitivity or range of the bag leak detection system to account for seasonal effects, including temperature and humidity, according to the procedures identified in the site-specific monitoring plan required under paragraph (a)(5) of this section.


(ii) [Reserved]


(8) Where multiple detectors are required, the system’s instrumentation and alarm may be shared among detectors.


(9) The bag leak detector sensor must be installed downstream of the baghouse and upstream of any wet scrubber.


(b) For each CPMS required in § 63.9631, you must develop and make available for inspection upon request by the permitting authority a site-specific monitoring plan that addresses the requirements in paragraphs (b)(1) through (7) of this section.


(1) Installation of the CPMS sampling probe or other interface at a measurement location relative to each affected emission unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device).


(2) Performance and equipment specifications for the sample interface, the parametric signal analyzer, and the data collection and reduction system.


(3) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, performance evaluation procedures and acceptance criteria (e.g., calibrations). After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, performance evaluation procedures, a schedule for performing such procedures, and acceptance criteria (e.g., calibrations), as well as corrective action to be taken if a performance evaluation does not meet the acceptance criteria. If a CPMS calibration fails, the CPMS is considered to be inoperative until you take corrective action and the system passes calibration.


(4) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, ongoing operation and maintenance procedures in accordance with the general requirements of § 63.8(c)(1), (3), (4)(ii), (7), and (8). After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, ongoing operation and maintenance procedures and a schedule for preventative maintenance procedures, in a manner consistent with good air pollution control practices and in accordance with the general requirements of § 63.8(c)(1)(ii), (c)(3), (c)(4)(ii), and (c)(7) and (8).


(5) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, ongoing data quality assurance procedures in accordance with the general requirements of § 63.8(d). After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, ongoing data quality assurance procedures in accordance with the general requirements of § 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 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.


(6) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 63.10(c), (e)(1), and (e)(2)(i). After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 63.10(c)(1) through (14), (e)(1), and (e)(2)(i).


(7) Corrective action procedures that you will follow in the event an air pollution control device, except for a baghouse, exceeds an established operating limit as required in § 63.9600(b)(3).


(c) Unless otherwise specified, each CPMS must meet the requirements in paragraphs (c)(1) and (2) of this section.


(1) Each CPMS must complete a minimum of one cycle of operation for each successive 15-minute period and must have valid data for at least 95 percent of every daily averaging period.


(2) Each CPMS must determine and record the daily average of all recorded readings.


(d) You must conduct a performance evaluation of each CPMS in accordance with your site-specific monitoring plan.


(e) You must operate and maintain the CPMS in continuous operation according to the site-specific monitoring plan.


(f) For each dry electrostatic precipitator subject to the opacity operating limit in § 63.9590(b)(3)(i), you must install, operate, and maintain each COMS according to the requirements in paragraphs (f)(1) through (4) of this section.


(1) You must install each COMS and conduct a performance evaluation of each COMS according to § 63.8 and Performance Specification 1 in appendix B to 40 CFR part 60.


(2) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, you must develop and implement a quality control program for operating and maintaining each continuous opacity monitoring system (COMS) according to § 63.8. At a minimum, the quality control program must include a daily calibration drift assessment, quarterly performance audit, and annual zero alignment of each COMS. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, you must develop and implement a quality control program for operating and maintaining each COMS according to § 63.8(a) and (b), (c)(1)(ii), (c)(2) through (8), (d)(1) and (2), and (e) through (g) and Procedure 3 in appendix F to 40 CFR part 60. At a minimum, the quality control program must include a daily calibration drift assessment, quarterly performance audit, and annual zero alignment of each COMS.


(3) You must operate and maintain each COMS according to § 63.8(e) and your quality control program. You must also identify periods the COMS is out of control, including any periods that the COMS fails to pass a daily calibration drift assessment, quarterly performance audit, or annual zero alignment audit.


(4) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, you must determine and record the 6-minute average opacity for periods during which the COMS is not out of control. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, you must determine and record the 6-minute average opacity for periods during which the COMS is not out of control. All 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.


[68 FR 61888, Oct. 30, 2003, as amended at 85 FR 45494, July 28, 2020]


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

(a) Except for monitoring malfunctions, out of control periods, 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, out of control periods, associated repairs, and required quality assurance or control activities in data averages and calculations used to report emission or operating levels, or to fulfill a minimum data availability requirement. You must use all the data collected during all other periods in assessing compliance.


(c) A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not considered malfunctions.


[68 FR 61888, Oct. 30, 2003, as amended at 85 FR 45496, July 28, 2020]


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

(a) For each affected source subject to an emission limit in Table 1 to this subpart, you must demonstrate continuous compliance by meeting the requirements in paragraphs (b) through (f) of this section.


(b) For ore crushing and handling affected sources and finished pellet handling affected sources, you must demonstrate continuous compliance by meeting the requirements in paragraphs (b)(1) through (3) of this section.


(1) The flow-weighted mean concentration of particulate matter for all ore crushing and handling emission units and for all finished pellet handling emission units must be maintained at or below the emission limits in Table 1 to this subpart.


(2) You must conduct subsequent performance tests for emission units in the ore crushing and handling and finished pellet handling affected sources following the schedule in your title V permit. If a title V permit has not been issued, you must conduct subsequent performance tests according to a testing plan approved by the Administrator or delegated authority.


(3) For ore crushing and handling and finished pellet handling emission units not selected for initial performance testing and defined within a group of similar emission units in accordance with § 63.9620(e), the site-specific operating limits established for the emission unit selected as representative of a group of similar emission units will be used as the operating limit for each emission unit within the group. The operating limit established for the representative unit must be met by each emission unit within the group.


(c) For ore dryers and indurating furnaces, you must demonstrate continuous compliance by meeting the requirements in paragraphs (c)(1) and (2) of this section.


(1) The flow-weighted mean concentration of particulate matter for all stacks from the ore dryer or indurating furnace must be maintained at or below the emission limits in Table 1 to this subpart.


(2) For ore dryers, you must conduct subsequent performance tests following the schedule in your title V permit. For indurating furnaces, you must conduct subsequent performance tests following the schedule in your title V permit, but no less frequent than twice per 5-year permit term. If a title V permit has not been issued, you must conduct subsequent performance tests according to a testing plan approved by the Administrator or delegated authority.


(d) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, for each baghouse applied to meet any particulate emission limit in Table 1 to this subpart, you must demonstrate continuous compliance by completing the requirements in paragraphs (d)(1) and (2) of this section. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, for each baghouse applied to meet any particulate emission limit in Table 1 to this subpart, you must demonstrate continuous compliance by completing the requirements in paragraphs (d)(1) through (3) of this section.


(1) Maintaining records of the time you initiated corrective action in the event of a bag leak detection system alarm, the corrective action(s) taken, and the date on which corrective action was completed.


(2) Inspecting and maintaining each baghouse according to the requirements in § 63.9631(a) and recording all information needed to document conformance with the requirements in § 63.9631(a). If you increase or decrease the sensitivity of the bag leak detection system beyond the limits specified in your site-specific monitoring plan, you must include a copy of the required written certification by a responsible official in the next semiannual compliance report.


(3) Each bag leak detection system must be operated and maintained such that the alarm does not sound more than 5 percent of the operating time during a 6-month period. Calculate the alarm time as specified in paragraphs (d)(3)(i) through (iii) of this section.


(i) If inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted.


(ii) If corrective action is required, each alarm time (i.e., time that the alarm sounds) is counted as a minimum of 1 hour.


(iii) If it takes longer than 1 hour to initiate corrective action, each alarm time is counted as the actual amount of time taken to initiate corrective action.


(e) Except as provided in paragraph (f) of this section, for each wet scrubber subject to the operating limits for pressure drop and scrubber water flow rate in § 63.9590(b)(1), you must demonstrate continuous compliance by completing the requirements of paragraphs (e)(1) through (4) of this section.


(1) Maintaining the daily average pressure drop and daily average scrubber water flow rate at or above the minimum levels established during the initial or subsequent performance test.


(2) Operating and maintaining each wet scrubber CPMS according to § 63.9632(b) and recording all information needed to document conformance with these requirements.


(3) Collecting and reducing monitoring data for pressure drop and scrubber water flow rate according to § 63.9632(c) and recording all information needed to document conformance with these requirements.


(4) If the daily average pressure drop or daily average scrubber water flow rate is below the operating limits established for a corresponding emission unit or group of similar emission units, you must then follow the corrective action procedures in paragraph (j) of this section.


(f) On or before January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, for each dynamic wet scrubber subject to the operating limits for scrubber water flow rate and either the fan amperage or pressure drop in § 63.9590(b)(2), you must demonstrate continuous compliance by completing the requirements of paragraphs (f)(1) through (4) of this section. After January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, for each dynamic wet scrubber subject to the operating limits for scrubber water flow rate and the fan amperage in § 63.9590(b)(2), you must demonstrate continuous compliance by completing the requirements of paragraphs (f)(1) through (4) of this section.


(1) On or before January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, maintaining the daily average scrubber water flow rate and either the daily average fan amperage or the daily average pressure drop at or above the minimum levels established during the initial or subsequent performance test. After January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, maintaining the daily average scrubber water flow rate and the daily average fan amperage at or above the minimum levels established during the initial or subsequent performance test.


(2) Operating and maintaining each dynamic wet scrubber CPMS according to § 63.9632(b) and recording all information needed to document conformance with these requirements.


(3) On or before January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, collecting and reducing monitoring data for scrubber water flow rate and either fan amperage or pressure drop according to § 63.9632(c) and recording all information needed to document conformance with the requirements in § 63.9632(c). After January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, collecting and reducing monitoring data for scrubber water flow rate and fan amperage according to § 63.9632(c) and recording all information needed to document conformance with the requirements in § 63.9632(c).


(4) On or before January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, if the daily average scrubber water flow rate, daily average fan amperage, or daily average pressure drop is below the operating limits established for a corresponding emission unit or group of similar emission units, you must then follow the corrective action procedures in paragraph (j) of this section. After January 28, 2022, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, if the daily average scrubber water flow rate or daily average fan amperage, is below the operating limits established for a corresponding emission unit or group of similar emission units, you must then follow the corrective action procedures in paragraph (j) of this section.


(g) For each dry electrostatic precipitator subject to operating limits in § 63.9590(b)(3), you must demonstrate continuous compliance by completing the requirements of paragraph (g)(1) or (2) of this section.


(1) If the operating limit for your dry electrostatic precipitator is a 6-minute average opacity of emissions value, then you must follow the requirements in paragraphs (g)(1)(i) through (iii) of this section.


(i) Maintaining the 6-minute average opacity of emissions at or below the maximum level established during the initial or subsequent performance test.


(ii) Operating and maintaining each COMS and reducing the COMS data according to § 63.9632(f).


(iii) If the 6-minute average opacity of emissions is above the operating limits established for a corresponding emission unit, you must then follow the corrective action procedures in paragraph (j) of this section.


(2) If the operating limit for your dry electrostatic precipitator is the daily average secondary voltage and daily average secondary current for each field, then you must follow the requirements in paragraphs (g)(2)(i) through (iv) of this section.


(i) Maintaining the daily average secondary voltage or daily average secondary current for each field at or above the minimum levels established during the initial or subsequent performance test.


(ii) Operating and maintaining each dry electrostatic precipitator CPMS according to § 63.9632(b) and recording all information needed to document conformance with these requirements.


(iii) Collecting and reducing monitoring data for secondary voltage or secondary current for each field according to § 63.9632(c) and recording all information needed to document conformance with these requirements.


(iv) If the daily average secondary voltage or daily average secondary current for each field is below the operating limits established for a corresponding emission unit, you must then follow the corrective action procedures in paragraph (j) of this section.


(h) For each wet electrostatic precipitator subject to the operating limits for secondary voltage, stack outlet temperature, and water flow rate in § 63.9590(b)(4), you must demonstrate continuous compliance by completing the requirements of paragraphs (h)(1) through (4) of this section.


(1) Maintaining the daily average secondary voltage and daily average scrubber water flow rate for each field at or above the minimum levels established during the initial or subsequent performance test. Maintaining the daily average stack outlet temperature at or below the maximum levels established during the initial or subsequent performance test.


(2) Operating and maintaining each wet electrostatic precipitator CPMS according to § 63.9632(b) and recording all information needed to document conformance with these requirements.


(3) Collecting and reducing monitoring data for secondary voltage, stack outlet temperature, and water flow rate according to § 63.9632(c) and recording all information needed to document conformance with these requirements.


(4) If the daily average secondary voltage, stack outlet temperature, or water flow rate does not meet the operating limits established for a corresponding emission unit, you must then follow the corrective action procedures in paragraph (j) of this section.


(i) If you use an air pollution control device other than a wet scrubber, dynamic wet scrubber, dry electrostatic precipitator, wet electrostatic precipitator, or baghouse, you must submit a site-specific monitoring plan in accordance with § 63.9631(f). The site-specific monitoring plan must include the site-specific procedures for demonstrating initial and continuous compliance with the corresponding operating limits.


(j) If the daily average operating parameter value for an emission unit or group of similar emission units does not meet the corresponding established operating limit, you must then follow the procedures in paragraphs (j)(1) through (4) of this section.


(1) You must initiate and complete initial corrective action within 10 calendar days and demonstrate that the initial corrective action was successful. During any period of corrective action, you must continue to monitor, and record all required operating parameters for equipment that remains in operation. After the initial corrective action, if the daily average operating parameter value for the emission unit or group of similar emission units meets the operating limit established for the corresponding unit or group, then the corrective action was successful and the emission unit or group of similar emission units is in compliance with the established operating limits.


(2) If the initial corrective action required in paragraph (j)(1) of this section was not successful, then you must complete additional corrective action within 10 calendar days and demonstrate that the subsequent corrective action was successful. During any period of corrective action, you must continue to monitor, and record all required operating parameters for equipment that remains in operation. If the daily average operating parameter value for the emission unit or group of similar emission units meets the operating limit established for the corresponding unit or group, then the corrective action was successful, and the emission unit or group of similar emission units is in compliance with the established operating limits.


(3) If the second attempt at corrective action required in paragraph (j)(2) of this section was not successful, then you must repeat the procedures of paragraph (j)(2) of this section until the corrective action is successful. If the third attempt at corrective action is unsuccessful, you must conduct another performance test in accordance with the procedures in § 63.9622(f) and report to the Administrator as a deviation the third unsuccessful attempt at corrective action.


(4) After the third unsuccessful attempt at corrective action, you must submit to the Administrator the written report required in paragraph (j)(3) of this section within 5 calendar days after the third unsuccessful attempt at corrective action. This report must notify the Administrator that a deviation has occurred and document the types of corrective measures taken to address the problem that resulted in the deviation of established operating parameters and the resulting operating limits.


[68 FR 61888, Oct. 30, 2003, as amended at 85 FR 45496, July 28, 2020]


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

(a) You must demonstrate continuous compliance with the work practice standard requirements in § 63.9591 by operating in accordance with your fugitive dust emissions control plan at all times.


(b) You must maintain a current copy of the fugitive dust emissions control plan required in § 63.9591 onsite and it must be available for inspection upon request. You must keep the plan for the life of the affected source or until the affected source is no longer subject to the requirements of this subpart.


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

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


(1) Performing preventative maintenance for each control device in accordance with § 63.9600(b)(1) and recording all information needed to document conformance with these requirements;


(2) Initiating and completing corrective action for a bag leak detection system alarm in accordance with § 63.9600(b)(2) and recording all information needed to document conformance with these requirements;


(3) Initiating and completing corrective action for a CPMS when you exceed an established operating limit for an air pollution control device except for a baghouse in accordance with § 63.9600(b)(3) and recording all information needed to document conformance with these requirements; and


(4) Implementing and maintaining site-specific good combustion practices for each indurating furnace in accordance with § 63.9600(b)(4) and recording all information needed to document conformance with these requirements.


(b) You must maintain a current copy of the operation and maintenance plan required in § 63.9600(b) onsite, and it must be available for inspection upon request. You must keep the plan for the life of the affected source or until the affected source is no longer subject to the requirements of this subpart.


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

(a) Deviations. You must report each instance in which you did not meet each emission limitation in Table 1 to this subpart that applies to you. You also must report each instance in which you did not meet the work practice standards in § 63.9591 and each instance in which you did not meet each operation and maintenance requirement in § 63.9600 that applies to you. These instances are deviations from the emission limitations, work practice standards, and operation and maintenance requirements in this subpart. These deviations must be reported in accordance with the requirements in § 63.9641.


(b) Startups, shutdowns, and malfunctions. For existing sources and for new or reconstructed sources which commenced construction or reconstruction on or before September 25, 2019, on or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, consistent with §§ 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 § 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 § 63.6(e). After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, the exemptions for periods of startup, shutdown, and malfunction in § 63.6(e) no longer apply.


[85 FR 45497, July 28, 2020]


Notifications, Reports, and Records

§ 63.9640 What notifications must I submit and when?

(a) You must submit all of the notifications in §§ 63.7(b) and (c), 63.8(f)(4), and 63.9(b) through (h) that apply to you by the specified dates.


(b) As specified in § 63.9(b)(2), if you start up your affected source before October 30, 2003, you must submit your initial notification no later than 120 calendar days after October 30, 2003, or no later than 120 days after the source becomes subject to this subpart, whichever is later.


(c) As specified in § 63.9(b)(3), if you start up your new affected source on or after October 30, 2003, you must submit your initial notification no later than 120 calendar days after you become subject to this subpart.


(d) If you are required to conduct a performance test, you must submit a notification of intent to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin, as required in § 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 § 63.9(h)(2)(ii). The initial notification of compliance status must be submitted by the dates specified in paragraphs (e)(1) and (2) of this section.


(1) For each initial compliance demonstration that does not include a performance test, you must submit the notification of compliance status before the close of business on the 30th calendar day following completion of the initial compliance demonstration.


(2) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, 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 § 63.10(d)(2). After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, 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 § 63.10(d)(2). If the performance test results have been submitted electronically in accordance with § 63.9641(f), the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted may be submitted in the notification of compliance status report in lieu of the performance test results. The performance test results must be submitted to the Compliance and Emissions Data Reporting Interface (CEDRI) by the date the notification of compliance status report is submitted.


[68 FR 61888, Oct. 30, 2003, as amended at 85 FR 45497, July 28, 2020; 85 FR 73917, Nov. 19, 2020]


§ 63.9641 What reports must I submit and when?

(a) Compliance report due dates. Unless the Administrator has approved a different schedule, you must submit a semiannual compliance report to your permitting authority according to the requirements in paragraphs (a)(1) through (5) of this section.


(1) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in § 63.9583 and ending on June 30 or December 31, whichever date comes first after the compliance date that is specified for your source in § 63.9583.


(2) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, 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. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, the first compliance report must be electronically submitted, 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) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, 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. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, each subsequent compliance report must be electronically submitted, postmarked or delivered no later than July 31 or January 31, whichever date comes first after the end of the semiannual reporting period.


(5) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (a)(1) through (4) of this section.


(b) Compliance report contents. Each compliance report must include the information in paragraphs (b)(1) through (8) of this section, as applicable.


(1) Company name and address.


(2) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, 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. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, 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. If your report is submitted via CEDRI, the certifier’s electronic signature during the submission process replaces the requirement in this paragraph (b)(2).


(3) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, date of report and beginning and ending dates of the reporting period. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, date of report and beginning and ending dates of the reporting period. You are no longer required to provide the date of report when the report is submitted via CEDRI.


(4) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, 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 § 63.10(d)(5)(i). A startup, shutdown, and malfunction plan and the information in § 63.10(d)(5)(i) is not required after January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and is not required after July 28, 2020, for affected sources that commenced construction or reconstruction after September 25, 2019.


(5) If there were no deviations from the continuous compliance requirements in §§ 63.9634 through 63.9636 that apply to you, then provide a statement that there were no deviations from the emission limitations, work practice standards, or operation and maintenance requirements during the reporting period.


(6) If there were no periods during which a continuous monitoring system (including a CPMS or COMS) was out-of-control as specified in § 63.8(c)(7), then provide a statement that there were no periods during which a continuous monitoring system was out-of-control during the reporting period.


(7) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, for each deviation from an emission limitation in Table 1 to this subpart that occurs at an affected source where you are not using a continuous monitoring system (including a CPMS or COMS) to comply with an emission limitation in this subpart, the compliance report must contain the information in paragraphs (b)(1) through (4) of this section and the information in paragraphs (b)(7)(i) and (ii) of this section. This includes periods of startup, shutdown, and malfunction. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, for each deviation from an emission limitation in Table 1 to this subpart that occurs at an affected source where you are not using a continuous monitoring system (including a CPMS or COMS) to comply with an emission limitation in this subpart, the compliance report must contain the information in paragraphs (b)(7)(i) and (ii) of this section.


(i) The total operating time in hours of each affected source during the reporting period.


(ii) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, information on the number, duration, and cause of deviation (including unknown cause) as applicable, and the corrective action taken. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, information on the affected sources or equipment, the emission limit deviated from, the start date, start time, duration in hours, and cause of each deviation (including unknown cause) as applicable, an estimate of the quantity in pounds of each regulated pollutant emitted over an emission limit and a description of the method used to estimate the emissions, and the corrective action taken.


(8) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, 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. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, 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.


(i) The date and time that each malfunction started and stopped.


(ii) The start date, start time, and duration in hours (or minutes for COMS) that each continuous monitoring system was inoperative, except for zero (low-level) and high-level checks.


(iii) The start date, start time, and duration in hours (or minutes for COMS) that each continuous monitoring system was out-of-control, including the information in § 63.8(c)(8).


(iv) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, for each affected source or equipment, the date and time that each deviation started and stopped, the cause of the deviation, and whether each deviation occurred during a period of startup, shutdown, or malfunction or during another period. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, for each affected source or equipment, the date and time that each deviation started and stopped, the cause of the deviation, and whether each deviation occurred during a period of malfunction or during another period.


(v) The total duration in hours (or minutes for COMS) of all deviations for each Continuous Monitoring System (CMS) during the reporting period, the total operating time in hours of the affected source during the reporting period, and the total duration as a percent of the total source operating time during that reporting period.


(vi) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, 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. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, a breakdown of the total duration in hours (or minutes for COMS) of the deviations during the reporting period including those that are due to control equipment problems, process problems, other known causes, and other unknown causes.


(vii) The total duration in hours (or minutes for COMS) of continuous monitoring system downtime for each continuous monitoring system during the reporting period, the total operating time in hours of the affected source 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) The monitoring equipment manufacturer and model number and the pollutant or parameter monitored.


(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) Submitting compliance reports electronically. Beginning on January 25, 2021, submit all subsequent compliance reports to the EPA via CEDRI, which can be accessed through the EPA’s Central Data Exchange (CDX) (https://cdx.epa.gov/). The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as confidential business information (CBI). Anything submitted using CEDRI cannot later be claimed to be CBI. 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 report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted. Although we do not expect persons to assert a claim of CBI, if persons wish to assert a CBI claim, submit a complete report, including information claimed to be CBI, to the EPA. The report must be generated using the appropriate form 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/SPPD/CORE CBI Office, Attention: Taconite Iron Ore Processing Sector Lead, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph (c). All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c) emissions data in not entitled to confidential treatment, and EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available. On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, if you had a startup, shutdown, or malfunction during the reporting period that is not consistent with your startup, shutdown, and malfunction plan you must submit an immediate startup, shutdown and malfunction report according to the requirements in § 63.10(d)(5)(ii). After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, an immediate startup, shutdown, and malfunction report is not required.


(d) Part 70 monitoring report. If you have obtained a title V operating permit for an affected source pursuant to 40 CFR part 70 or 40 CFR part 71, you must report all deviations as defined in this subpart in the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a compliance report for an affected source along with, or as part of, the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance report includes all the required information concerning deviations from any emission limitation or operation and maintenance requirement in this subpart, submission of the compliance report satisfies any obligation to report the same deviations in the semiannual monitoring report. However, submission of a compliance report does not otherwise affect any obligation you may have to report deviations from permit requirements for an affected source to your permitting authority.


(e) Immediate corrective action report. If you had three unsuccessful attempts of applying corrective action as described in § 63.9634(j) on an emission unit or group of emission units, then you must submit an immediate corrective action report. Within 5 calendar days after the third unsuccessful attempt at corrective action, you must submit to the Administrator a written report in accordance with § 63.9634(j)(3) and (4). This report must notify the Administrator that a deviation has occurred and document the types of corrective measures taken to address the problem that resulted in the deviation of established operating parameters and the resulting operating limits.


(f) Performance tests. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, 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 the EPA’s Electronic Reporting Tool (ERT) as listed on the 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 the EPA via CEDRI, which can be accessed through the EPA’s CDX (https://cdx.epa.gov/). The data must be submitted in a file format generated through the use of the EPA’s ERT. Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA’s ERT website.


(2) Data collected using test methods that are not supported by the EPA’s ERT as listed on the 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 the EPA’s ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI.


(3) Confidential business information (CBI). The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as CBI. Anything submitted using CEDRI cannot later be claimed to be CBI. Although we do not expect persons to assert a claim of CBI, if persons wish to assert a CBI claim, submit a complete file, including information claimed to be CBI, to the EPA. The file must be 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. 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 the EPA via the EPA’s CDX as described in paragraphs (f)(1) and (2) of this section. All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c) emissions data in not entitled to confidential treatment, and EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.


(g) Claims of EPA system outage. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, if you are required to electronically submit a report through CEDRI in the EPA’s CDX, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (g)(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 the 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


(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.


(h) Claims of force majeure. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, if you are required to electronically submit a report through CEDRI in the EPA’s CDX, you may assert a claim of force majeure for failure to timely comply with the reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (h)(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 61888, Oct. 30, 2003, as amended at 85 FR 45498, July 28, 2020]


§ 63.9642 What records must I keep?

(a) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, you must keep the records listed in paragraphs (a)(1) through (3) of this section. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, you must keep the records listed in paragraphs (a)(1) through (6) 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 § 63.10(b)(2)(xiv).


(2) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, the records in § 63.6(e)(3)(iii) through (v) related to startup, shutdown, and malfunction. After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, a startup, shutdown, and malfunction plan is not required.


(3) Records of performance tests and performance evaluations as required in § 63.10(b)(2)(viii).


(4) In the event that an affected unit fails to meet an applicable standard, record the number of failures. For each failure record the date, time, the cause and duration of each failure.


(5) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, 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.


(6) Record actions taken in accordance with the general duty requirements to minimize emissions in § 63.9600(a) and any corrective actions taken to return the affected unit to its normal or usual manner of operation.


(b) For each COMS, you must keep the records specified in paragraphs (b)(1) through (4) of this section.


(1) Records described in § 63.10(b)(2)(vi) through (xi).


(2) Monitoring data for COMS during a performance evaluation as required in § 63.6(h)(7)(i) and (ii).


(3) On or before January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, previous (that is, superseded) versions of the performance evaluation plan as required in § 63.8(d)(3). After January 25, 2021, for affected sources that commenced construction or reconstruction on or before September 25, 2019, and after July 28, 2020, or upon start-up, which ever date is later, for affected sources that commenced construction or reconstruction after September 25, 2019, previous (that is, superseded) versions of the performance evaluation plan as required in § 63.9632(b)(5), with the program of corrective action included in the plan required under § 63.8(d)(2).


(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 §§ 63.9634 through 63.9636 to show continuous compliance with each emission limitation, work practice standard, and operation and maintenance requirement that applies to you.


[68 FR 61888, Oct. 30, 2003, as amended at 85 FR 45500, July 28, 2020]


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

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


(b) As specified in § 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 § 63.10(b)(1). You can keep the records offsite for the remaining 3 years.


Other Requirements and Information

§ 63.9650 What parts of the General Provisions apply to me?

Table 2 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you.


[85 FR 45501, July 28, 2020]


§ 63.9651 Who implements and enforces this subpart?

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


(b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of the EPA and are not transferred to the State, local, or tribal agency.


(c) The authorities that will not be delegated to state, local, or tribal agencies are specified in paragraphs (c)(1) through (5) of this section.


(1) Approval of non-opacity emission limitations and work practice standards under § 63.6(h)(9) and as defined in § 63.90.


(2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90.


(3) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.90.


(4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90.


(5) Approval of an alternative to any electronic reporting to the EPA required by this subpart.


[68 FR 61888, Oct. 30, 2003, as amended at 85 FR 45501, July 28, 2020]


§ 63.9652 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in § 63.2, and in this section as follows.


Affected source means each new or existing ore crushing and handling operation, ore dryer, indurating furnace, or finished pellet handling operation, at your taconite iron ore processing plant.


Bag leak detection system means a system that is capable of continuously monitoring relative particulate matter (dust) loadings in the exhaust of a baghouse to detect bag leaks and other upset conditions. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, light scattering, light transmittance, or other effect to continuously monitor relative particulate matter loadings.


Crusher means a machine used to crush taconite ore and includes feeders or conveyors located immediately below the crushing surfaces. Crushers include, but are not limited to, gyratory crushers and cone crushers.


Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source:


(1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emission limitation (including operating limits) or operation and maintenance requirement; 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.


Dynamic wet scrubber means an air emissions control device which utilizes a mechanically powered fan to cause contact between the process exhaust gas stream and the scrubbing liquid which are introduced concurrently into the fan inlet.


Emission limitation means any emission limit, opacity limit, or operating limit.


Finished pellet handling means the transfer of fired taconite pellets from the indurating furnace to the finished pellet stockpiles at the plant. Finished pellet handling includes, but is not limited to, furnace discharge or grate discharge, and finished pellet screening, transfer, and storage. The atmospheric pellet cooler vent stack and gravity conveyor gallery vents designed to remove heat and water vapor from the structure are not included as a part of the finished pellet handling affected source.


Fugitive dust emission source means a stationary source from which particles are discharged to the atmosphere due to wind or mechanical inducement such as vehicle traffic. Fugitive dust sources include, but are not limited to:


(1) Stockpiles (includes, but is not limited to, stockpiles of uncrushed ore, crushed ore, or finished pellets);


(2) Material transfer points;


(3) Plant roadways;


(4) Tailings basins;


(5) Pellet loading areas; and


(6) Yard areas.


Grate feed means the transfer of unfired taconite pellets from the pelletizer into the indurating furnace.


Grate kiln indurating furnace means a furnace system that consists of a traveling grate, a rotary kiln, and an annular cooler. The grate kiln indurating furnace begins at the point where the grate feed conveyor discharges the green balls onto the furnace traveling grate and ends where the hardened pellets exit the cooler. The atmospheric pellet cooler vent stack is not included as part of the grate kiln indurating furnace.


Indurating means the process whereby unfired taconite pellets, called green balls, are hardened at high temperature in an indurating furnace. Types of indurating furnaces include straight grate indurating furnaces and grate kiln indurating furnaces.


Ore crushing and handling means the process whereby dry taconite ore is crushed and screened. Ore crushing and handling includes, but is not limited to, all dry crushing operations (e.g., primary, secondary, and tertiary crushing), dry ore conveyance and transfer points, dry ore classification and screening, dry ore storage and stockpiling, dry milling, dry cobbing (i.e., dry magnetic separation), and the grate feed. Ore crushing and handling specifically excludes any operations where the dry crushed ore is saturated with water, such as wet milling and wet magnetic separation.


Ore dryer means a rotary dryer that repeatedly tumbles wet taconite ore concentrate through a heated air stream to reduce the amount of entrained moisture in the taconite ore concentrate.


Pellet cooler vent stacks means atmospheric vents in the cooler section of the grate kiln indurating furnace that exhaust cooling air that is not returned for recuperation. Pellet cooler vent stacks are not to be confused with the cooler discharge stack, which is in the pellet loadout or dumping area.


Pellet loading area means that portion of a taconite iron ore processing plant where taconite pellets are loaded into trucks or railcars.


Responsible official means responsible official as defined in § 63.2.


Rod-deck venturi scrubber means a wet scrubber emission control device in which the inlet air flows through a bed of parallel metal pipes spaced apart to produce a series of parallel venturi throats.


Screen means a device for separating material according to size by passing undersize material through one or more mesh surfaces (screens) in series and retaining oversize material on the mesh surfaces (screens).


Storage bin means a facility for storage (including surge bins and hoppers) of taconite ore or taconite pellets prior to further processing or loading.


Straight grate indurating furnace means a furnace system that consists of a traveling grate that carries the taconite pellets through different furnace temperature zones. In the straight grate indurating furnace a layer of fired pellets, called the hearth layer, is placed on the traveling grate prior to the addition of unfired pellets. The straight grate indurating furnace begins at the point where the grate feed conveyor discharges the green balls onto the furnace traveling grate and ends where the hardened pellets drop off of the traveling grate.


Taconite iron ore processing means the separation and concentration of iron ore from taconite, a low-grade iron ore, to produce taconite pellets.


Taconite ore means a low-grade iron ore suitable for concentration of magnetite or hematite by fine grinding and magnetic or flotation treatment, from which pellets containing iron can be produced.


Tailings basin means a natural or artificial impoundment in which gangue or other refuse material resulting from the washing, concentration or treatment of ground taconite iron ore is confined.


Wet scrubber means an air pollution control device that removes particulate matter and acid gases from the waste gas stream of stationary sources. The pollutants are removed primarily through the impaction, diffusion, interception and/or absorption of the pollutant onto droplets of liquid. Wet scrubbers include venturi scrubbers, marble bed scrubbers, or impingement scrubbers. For purposes of this subpart, wet scrubbers do not include dynamic wet scrubbers.


[68 FR 61888, Oct. 30, 2003, as amended at 85 FR 45501, July 28, 2020]


Table 1 to Subpart RRRRR of Part 63 – Emission Limits

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


If your affected source is . . .
and the affected source is categorized as . . .
then you must comply with the flow-weighted mean concentration of particulate matter discharged to the atmosphere from the affected source, as determined using the procedures in § 63.9621(b), such that you must not exceed . . .
1. Ore crushing and handling emission unitsExisting0.008 grains per dry standard cubic foot (gr/dscf).
New0.005 gr/dscf.
2. Straight grate indurating furnace processing magnetiteExisting

New
0.01 gr/dscf.

0.006 gr/dscf.
3. Grate kiln indurating furnace processing magnetiteExisting

New
0.01 gr/dscf.

0.006 gr/dscf.
4. Grate kiln indurating furnace processing hematiteExisting

New
0.03 gr/dscf.

0.018 gr/dscf.
5. Finished pellet handling emission unitsExisting

New
0.008 gr/dscf.

0.005 gr/dscf.
6. Ore dryerExisting

New
0.052 gr/dscf.

0.025 gr/dscf.

Table 2 to Subpart RRRRR of Part 63 – Applicability of General Provisions to Subpart RRRRR of Part 63

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


Citation
Subject
Applies to subpart RRRRR
Explanation
§ 63.1(a)(1)-(4)ApplicabilityYes
§ 63.1(a)(5)[Reserved]No
§ 63.1(a)(6)ApplicabilityYes
§ 63.1(a)(7)-(9)[Reserved]No
§ 63.1(a)(10)-(12)ApplicabilityYes
§ 63.1(b)(1)Initial Applicability DeterminationYes
§ 63.1(b)(2)[Reserved]No
§ 63.1(b)(3)Initial Applicability DeterminationYes
§ 63.1(c)(1)-(2)Applicability After Standard Established, Permit RequirementsYes
§ 63.1(c)(3)-(4)[Reserved]No
§ 63.1(c)(5)Area Source Becomes MajorYes
§ 63.1(c)(6)ReclassificationYes
§ 63.1(d)[Reserved]No
§ 63.1(e)Equivalency of Permit LimitsYes
§ 63.2DefinitionsYes
§ 63.3(a)-(c)Units and AbbreviationsYes
§ 63.4(a)(1)-(2)Prohibited ActivitiesYes
§ 63.4(a)(3)-(5)[Reserved]No
§ 63.4(b)-(c)Circumvention, FragmentationYes
§ 63.5(a)(1)-(2)Construction/Reconstruction, ApplicabilityYes
§ 63.5(b)(1)Construction/Reconstruction, ApplicabilityYes
§ 63.5(b)(2)[Reserved]No
§ 63.5(b)(3)-(4)Construction/Reconstruction, ApplicabilityYes
§ 63.5(b)(5)[Reserved]No
§ 63.5(b)(6)ApplicabilityYes
§ 63.5(c)[Reserved]No
§ 63.5(d)(1)-(4)Application for Approval of Construction or ReconstructionYes
§ 63.5(e)Approval of Construction or ReconstructionYes
§ 63.5(f)Approval Based on State ReviewYes
§ 63.6(a)Compliance with Standards and Maintenance RequirementsYes
§ 63.6(b)(1)-(5)Compliance Dates for New/Reconstructed SourcesYes
§ 63.6(b)(6)[Reserved]No
§ 63.6(b)(7)Compliance Dates for New/Reconstructed SourcesYes
§ 63.6(c)(1)-(2)Compliance Dates for Existing SourcesYes
§ 63.6(c)(3)-(4)[Reserved]No
§ 63.6(c)(5)Compliance Dates for Existing SourcesYes
§ 63.6(d)[Reserved]No
§ 63.6(e)(1)(i)Operation and Maintenance Requirements – General Duty to Minimize EmissionsYes, on or before the compliance date specified in § 63.9600(a). No, after the compliance date specified in § 63.9600(a)See § 63.9600(a) for general duty requirement.
§ 63.6(e)(1)(ii)Operation and Maintenance Requirements – Requirement to Correct Malfunction as Soon as PossibleNo
§ 63.6(e)(1)(iii)Operation and Maintenance Requirements – EnforceabilityYes
§ 63.6(e)(2)[Reserved]No
§ 63.6(e)(3)Startup, Shutdown, Malfunction (SSM) PlanYes, on or before the compliance date specified in § 63.9610(c). No, after the compliance date specified in § 63.9610(c)
§ 63.6(f)(1)SSM ExemptionNoSee § 63.9600(a).
§ 63.6(f)(2)-(3)Methods for Determining ComplianceYes
§ 63.6(g)(1)-(3)Alternative Nonopacity StandardYes
§ 63.6(h), except (h)(1)Compliance with Opacity and Visible Emission (VE) StandardsNoOpacity limits in subpart RRRRR are established as part of performance testing in order to set operating limits for ESPs.
§ 63.6(h)(1)Compliance except during SSMNoSee § 63.9600(a).
§ 63.6(i)(1)-(14)Extension of ComplianceYes
§ 63.6(i)(15)[Reserved]No
§ 63.6(i)(16)Extension of ComplianceYes
§ 63.6(j)Presidential Compliance ExemptionYes
§ 63.7(a)(1)-(2)Applicability and Performance Test DatesNoSubpart RRRRR specifies performance test applicability and dates.
§ 63.7(a)(3)-(4)Performance Testing RequirementsYes
§ 63.7(b)NotificationYes
§ 63.7(c)Quality Assurance/Test PlanYes
§ 63.7(d)Testing FacilitiesYes
§ 63.7(e)(1)Conduct of Performance TestsNoSee § 63.9621.
§ 63.7(e)(2)-(4)Conduct of Performance TestsYes
§ 63.7(f)Alternative Test MethodYes
§ 63.7(g)Data AnalysisYesExcept this subpart specifies how and when the performance test results are reported.
§ 63.7(h)Waiver of TestsYes
§ 63.8(a)(1)-(2)Monitoring RequirementsYes
§ 63.8(a)(3)[Reserved]No
§ 63.8(a)(4)Additional Monitoring Requirements for Control Devices in § 63.11NoSubpart RRRRR does not require flares.
§ 63.8(b)(1)-(3)Conduct of MonitoringYes
§ 63.8(c)(1)(i)Operation and Maintenance of CMSYes, on or before the compliance date specified in § 63.9632(b)(4). No, after the compliance date specified in § 63.9632(b)(4)See § 63.9632 for operation and maintenance requirements for monitoring. See § 63.9600(a) for general duty requirement.
§ 63.8(c)(1)(ii)Spare parts for CMS EquipmentYes
§ 63.8(c)(1)(iii)SSM Plan for CMSYes, on or before the compliance date specified in § 63.9632(b)(4). No, after the compliance date specified in § 63.9632(b)(4)
§ 63.8(c)(2)-(3)CMS Operation/MaintenanceYes
§ 63.8(c)(4)Frequency of Operation for CMSNoSubpart RRRRR specifies requirements for operation of CMS.
§ 63.8(c)(5)-(8)CMS RequirementsYesCMS requirements in § 63.8(c)(5) and (6) apply only to COMS for dry electrostatic precipitators.
§ 63.8(d)(1)-(2)Monitoring Quality ControlYes
§ 63.8(d)(3)Monitoring Quality ControlNoSee § 63.9632(b)(5).
§ 63.8(e)Performance Evaluation of CMSYes
§ 63.8(f)(1)-(5)Alternative Monitoring MethodYes
§ 63.8(f)(6)Relative Accuracy Test Alternative (RATA)NoSubpart RRRRR does not require continuous emission monitoring systems.
§ 63.8(g)(1)-(4)Data ReductionYes
§ 63.8(g)(5)Data That Cannot Be UsedNoSubpart RRRRR specifies data reduction requirements.
§ 63.9Notification RequirementsYesAdditional notifications for CMS in § 63.9(g) apply to COMS for dry electrostatic precipitators.
§ 63.9(k)Electronic reporting proceduresYesOnly as specified in § 63.9(j).
§ 63.10(a)Recordkeeping and Reporting, Applicability and General InformationYes
§ 63.10(b)(1)General Recordkeeping RequirementsYes
§ 63.10(b)(2)(i)Records of SSMNoSee § 63.9642 for recordkeeping when there is a deviation from a standard.
§ 63.10(b)(2)(ii)Recordkeeping of Failures to Meet StandardNoSee § 63.9642 for recordkeeping of (1) date, time and duration; (2) listing of affected source or equipment, and an estimate of the quantity of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure.
§ 63.10(b)(2)(iii)Maintenance RecordsYes
§ 63.10(b)(2)(iv)Actions Taken to Minimize Emissions During SSMNo
§ 63.10(b)(2)(v)Actions Taken to Minimize Emissions During SSMNo
§ 63.10(b)(2)(vi)Recordkeeping for CMS MalfunctionsYes
§ 63.10(b)(2)(vii)-(xii)Recordkeeping for CMSYes
§ 63.10(b)(2)(xiii)Records for Relative Accuracy TestNoSubpart RRRRR does not require continuous emission monitoring systems.
§ 63.10(b)(2)(xiv)Records for NotificationYes
§ 63.10(b)(3)Applicability DeterminationsYes
§ 63.10(c)(1)-(6)Additional Recordkeeping Requirements for Sources with CMSYes
§ 63.10(c)(7)-(8)Records of Excess Emissions and Parameter Monitoring Exceedances for CMSNoSubpart RRRRR specifies recordkeeping requirements.
§ 63.10(c)(9)[Reserved]No
§ 63.10(c)(10)-(14)CMS RecordkeepingYes
§ 63.10(c)(15)Use of SSM PlanNo
§ 63.10(d)(1)-(2)General Reporting RequirementsYesExcept this subpart specifies how and when the performance test results are reported.
§ 63.10(d)(3)Reporting opacity or VE observationsNoSubpart RRRRR does not have opacity and VE standards that require the use of EPA Method 9 of appendix A-4 to 40 CFR part 60 or EPA Method 22 of appendix A-7 to 40 CFR part 60.
§ 63.10(d)(5)SSM ReportsYes, on or before the compliance date specified in § 63.9641(b)(4). No, after the compliance date specified in § 63.9641(b)(4)See § 63.9641 for malfunction reporting requirements.
§ 63.10(e)Additional Reporting RequirementsYes, except a breakdown of the total duration of excess emissions due to startup/shutdown in 63.10(e)(3)(vi)(I) is not required and when the summary report is submitted through CEDRI, the report is not required to be titled “Summary Report-Gaseous and Opacity Excess Emission and Continuous Monitoring System Performance.”The electronic reporting template combines the information from the summary report and excess emission report with the Subpart RRRRR compliance report.
§ 63.10(f)Waiver of Recordkeeping or Reporting RequirementsYes
§ 63.11Control Device and Work Practice RequirementsNoSubpart RRRRR does not require flares.
§ 63.12(a)-(c)State Authority and DelegationsYes
§ 63.13(a)-(c)State/Regional AddressesYes
§ 63.14(a)-(t)Incorporations by ReferenceYes
§ 63.15(a)-(b)Availability of Information and ConfidentialityYes
§ 63.16Performance Track ProvisionsYes

[85 FR 45501, July 28, 2020, as amended at 85 FR 73917, Nov. 19, 2020]


Subpart SSSSS – National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing


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

What This Subpart Covers

§ 63.9780 What is the purpose of this subpart?

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


§ 63.9782 Am I subject to this subpart?

You are subject to this subpart if you own or operate a refractory products manufacturing facility that is, is located at, or is part of, a major source of hazardous air pollutant (HAP) emissions according to the criteria in paragraphs (a) and (b) of this section.


(a) A refractory products manufacturing facility is a plant site that manufactures refractory products (refractory bricks, refractory shapes, monolithics, kiln furniture, crucibles, and other materials used for lining furnaces and other high temperature process units), as defined in § 63.9824. Refractory products manufacturing facilities typically process raw material by crushing, grinding, and screening; mixing the processed raw materials with binders and other additives; forming the refractory mix into shapes; and drying and firing the shapes.


(b) A major source of HAP is a plant site that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any combination of HAP at a rate of 22.68 megagrams (25 tons) or more per year.


§ 63.9784 What parts of my plant does this subpart cover?

(a) This subpart applies to each new, reconstructed, or existing affected source at a refractory products manufacturing facility.


(b) The existing affected sources are shape dryers, curing ovens, and kilns that are used to manufacture refractory products that use organic HAP; shape preheaters, pitch working tanks, defumers, and coking ovens that are used to produce pitch-impregnated refractory products; kilns that are used to manufacture chromium refractory products; and kilns that are used to manufacture clay refractory products.


(c) The new or reconstructed affected sources are shape dryers, curing ovens, and kilns that are used to manufacture refractory products that use organic HAP; shape preheaters, pitch working tanks, defumers, and coking ovens used to produce pitch-impregnated refractory products; kilns that are used to manufacture chromium refractory products; and kilns that are used to manufacture clay refractory products.


(d) Shape dryers, curing ovens, kilns, coking ovens, defumers, shape preheaters, and pitch working tanks that are research and development (R&D) process units are not subject to the requirements of this subpart. (See definition of research and development process unit in § 63.9824).


(e) A source is a new affected source if you began construction of the affected source after June 20, 2002, and you met the applicability criteria at the time you began construction.


(f) An affected source is reconstructed if you meet the criteria as defined in § 63.2.


(g) An affected source is existing if it is not new or reconstructed.


§ 63.9786 When do I have to comply with this subpart?

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


(1) If the initial startup of your affected source is before April 16, 2003, then you must comply with the emission limitations for new and reconstructed sources in this subpart no later than April 16, 2003, except as otherwise specified in §§ 63.9792, 63.9812(c) and (e), and 63.9814(b)(6) and Tables 1 through 11 to this subpart.


(2) If the initial startup of your affected source is after April 16, 2003, then you must comply with the emission limitations for new and reconstructed sources in this subpart upon initial startup of your affected source, except as otherwise specified in §§ 63.9792, 63.9812(c) and (e), and 63.9814(b)(6) and Tables 1 through 11 to this subpart.


(b) If you have an existing affected source, you must comply with the emission limitations for existing sources no later than April 17, 2006, except as otherwise specified in §§ 63.9792, 63.9812(c) and (e), and 63.9814(b)(6) and Tables 1 through 11 to this subpart.


(c) You must be in compliance with this subpart when you conduct a performance test on an affected source.


(d) If you have an existing area source that increases its emissions or its potential to emit such that it becomes a major source of HAP, you must be in compliance with this subpart according to paragraphs (d)(1) and (2) of this section.


(1) Any portion of the existing facility that is a new affected source or a new reconstructed source must be in compliance with this subpart upon startup.


(2) All other parts of the existing facility must be in compliance with this subpart by 3 years after the date the area source becomes a major source, except as otherwise specified in §§ 63.9792, 63.9812(c) and (e), and 63.9814(b)(6) and Tables 1 through 11 to this subpart.


(e) If you have a new area source (i.e., an area source for which construction or reconstruction was commenced after June 20, 2002) that increases its emissions or its potential to emit such that it becomes a major source of HAP, you must be in compliance with this subpart upon initial startup of your affected source as a major source.


(f) You must meet the notification requirements in § 63.9812 according to the schedule in § 63.9812 and in 40 CFR part 63, subpart A. Some of the notifications must be submitted before you are required to comply with the emission limitations in this subpart.


[68 FR 18747, Apr. 16, 2003, as amended at 86 FR 66063, Nov. 19, 2021]


Emission Limitations and Work Practice Standards

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

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


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


(c) You must meet each work practice standard in Table 3 to this subpart that applies to you.


§ 63.9790 What are my options for meeting the emission limits?

To meet the emission limits in Table 1 to this subpart, you must use one or both of the options listed in paragraphs (a) and (b) of this section.


(a) Emissions control system. Use an emissions capture and collection system and an add-on air pollution control device (APCD) and demonstrate that the resulting emissions or emissions reductions meet the applicable emission limits in Table 1 to this subpart, and demonstrate that the capture and collection system and APCD meet the applicable operating limits in Table 2 to this subpart.


(b) Process changes. Use raw materials that have little or no potential to emit HAP during the refractory products manufacturing process or implement manufacturing process changes and demonstrate that the resulting emissions or emissions reductions meet the applicable emission limits in Table 1 to this subpart without an add-on APCD.


General Compliance Requirements

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

(a) You must be in compliance with the emission limitations (including operating limits and work practice standards) in this subpart at all times, except during periods specified in paragraphs (a)(1) and (2) of this section before May 19, 2022. You must be in compliance with the emission limitations (including operating limits and work practice standards) in this subpart at all times, on or after May 19, 2022.


(1) Periods of startup, shutdown, and malfunction.


(2) Periods of scheduled maintenance on a control device that is used on an affected continuous kiln, as specified in paragraph (e) of this section.


(b) Except as specified in paragraph (e) of this section, before May 19, 2022, you must always operate and maintain your affected source, including air pollution control and monitoring equipment, according to the provisions in § 63.6(e)(1)(i). During the period between the compliance date specified for your affected source in § 63.9786 and the date upon which continuous monitoring systems have been installed and validated and any applicable operating limits have been established, you must maintain a log detailing the operation and maintenance of the process and emissions control equipment. On and after May 19, 2022, 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 May 19, 2022, you must develop a written startup, shutdown, and malfunction plan (SSMP) according to the provisions in § 63.6(e)(3). On or after May 19, 2022, you are not required to develop a written SSMP according to the provisions in § 63.6(e)(3).


(d) You must prepare and implement a written operation, maintenance, and monitoring (OM&M) plan according to the requirements in § 63.9794.


(e) If you own or operate an affected continuous kiln used to manufacture refractory products that use organic HAP and you must perform scheduled maintenance on the THC control device for that kiln, you may bypass the kiln THC control device and continue operating the kiln subject to the alternative standard established in this paragraph upon approval by the Administrator, provided you satisfy the conditions listed in paragraphs (e)(1) through (3) of this section.


(1) You must request approval from the Administrator to bypass the control device while the scheduled maintenance is performed. You must submit a separate request each time you plan to bypass the control device, and your request must include the information specified in paragraphs (e)(1)(i) through (vi) of this section.


(i) Reason for the scheduled maintenance.


(ii) Explanation for why the maintenance cannot be performed when the kiln is shut down.


(iii) Detailed description of the maintenance activities.


(iv) Time required to complete the maintenance.


(v) How you will minimize HAP emissions from the kiln during the period when the control device is out of service.


(vi) How you will minimize the time when the kiln is operating and the control device is out of service for scheduled maintenance.


(2) Before May 19, 2022, you must minimize HAP emissions during the period when the kiln is operating, and the control device is out of service. On and after May 19, 2022, you must minimize HAP emissions during the period when the kiln is operating and the control device is out of service by complying with the applicable standard in Table 3 to this subpart.


(3) You must minimize the time period during which the kiln is operating and the control device is out of service. On and after May 19, 2022, the total time during which the kiln is operating and the control device is out of service for each year on a 12-month rolling basis must not exceed 750 hours.


(f) You must be in compliance with the provisions of subpart A of this part, except as noted in Table 11 to this subpart.


[68 FR 18747, Apr. 16, 2003, as amended at 71 FR 20471, Apr. 20, 2006; 86 FR 66063, Nov. 19, 2021]


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

(a) For each continuous parameter monitoring system (CPMS) required by this subpart, you must develop, implement, make available for inspection, and revise, as necessary, an OM&M plan that includes the information in paragraphs (a)(1) through (13) of this section.


(1) A list and identification of each process and add-on APCD that is required by this subpart to be monitored, the type of monitoring device that will be used, and the operating parameters that will be monitored.


(2) Specifications for the sensor, signal analyzer, and data collection system.


(3) A monitoring schedule that specifies the frequency that the parameter values will be determined and recorded.


(4) The operating limits for each parameter that represent continuous compliance with the emission limitations in § 63.9788, based on values of the monitored parameters recorded during performance tests.


(5) Procedures for installing the CPMS at a measurement location relative to each process unit or APCD such that measurement is representative of control of emissions.


(6) Procedures for the proper operation and routine and long-term maintenance of each process unit and APCD, including a maintenance and inspection schedule that is consistent with the manufacturer’s recommendations.


(7) Before May 19, 2022, procedures for the proper operation and maintenance of monitoring equipment consistent with the requirements in §§ 63.8(c)(1), (3), (4)(ii), (7), and (8), and 63.9804. On or after May 19, 2022, procedures for the proper operation and maintenance of monitoring equipment consistent with the requirements in §§ 63.8(c)(3), (4)(ii), (7), and (8), and 63.9804.


(8) Before May 19, 2022, ongoing data quality assurance procedures in accordance with the general requirements of § 63.8(d). On or after May 19, 2022, ongoing data quality assurance procedures consistent with the requirements in § 63.8(d)(1) and (2). You must 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 § 63.8(d)(2) is revised, you must 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 § 63.8(d)(2).


(9) Procedures for evaluating the performance of each CPMS.


(10) Procedures for responding to operating parameter deviations, including the procedures in paragraphs (a)(10)(i) through (iii) of this section:


(i) Procedures for determining the cause of the operating parameter deviation.


(ii) Actions for correcting the deviation and returning the operating parameters to the allowable limits.


(iii) Procedures for recording the times that the deviation began and ended, and when corrective actions were initiated and completed.


(11) Procedures for keeping records to document compliance and reporting in accordance with the requirements of § 63.10(c), (e)(1), and (e)(2)(i).


(12) Before Novermber 19, 2021, if you operate a kiln that is subject to the limits on the type of fuel used, as specified in items 3 and 4 of Table 3 to subpart SSSSS, procedures for using alternative fuels. On and after Novermber 19, 2021, you may not use a fuel other than natural gas or equivalent to fire the affected kiln.


(13) If you operate an affected continuous kiln used to manufacture refractory products that use organic HAP and you plan to take the kiln THC control device out of service for scheduled maintenance, as specified in § 63.9792(e), the procedures specified in paragraphs (a)(13)(i) and (ii) of this section.


(i) Procedures for minimizing HAP emissions from the kiln during periods of scheduled maintenance of the kiln control device when the kiln is operating and the control device is out of service. On or after May 19, 2022, document the average organic HAP processing rate for that kiln (i.e., the average organic HAP processing rate based on (a) the actual production on a 6-month rolling basis (not to include periods of kiln shut down) or (b) the HAP processing rate (lb/hr) that coincides with the lowest hour of the most recent 3-hour performance test, whichever is lower), the mass fraction of organic HAP in the resins, binders, and additives for each product manufactured in the kiln and procedures for ensuring that the actual organic HAP processing rate on an hourly basis does not exceed the average organic HAP processing rate.


(ii) Procedures for minimizing any period of scheduled maintenance on the kiln control device when the kiln is operating and the control device is out of service. On or after May 19, 2022, procedures for ensuring that the total time during which the kiln is operating and the control device is out of service does not exceed 750 hours for each year on a 12-month rolling basis.


(b) Changes to the operating limits in your OM&M plan require a new performance test. If you are revising an operating limit parameter value, you must meet the requirements in paragraphs (b)(1) and (2) of this section.


(1) Submit a Notification of Performance Test to the Administrator as specified in § 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 summary of the performance test results and the revised operating limits as part of the Notification of Compliance Status required under § 63.9(h) and the complete test report according to § 63.9814(h).


(c) If you are revising the inspection and maintenance procedures in your OM&M plan, you do not need to conduct a new performance test.


[68 FR 18747, Apr. 16, 2003, as amended at 86 FR 66064, Nov. 19, 2021]


Testing and Initial Compliance Requirements

§ 63.9796 By what date must I conduct performance tests?

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


§ 63.9798 When must I conduct subsequent performance tests?

(a) You must conduct a performance test every 5 years following the initial performance test, as part of renewing your 40 CFR part 70 or 40 CFR part 71 operating permit.


(b) You must conduct a performance test when you want to change the parameter value for any operating limit specified in your OM&M plan.


(c) If you own or operate a source that is subject to the emission limits specified in items 2 through 9 of Table 1 to this subpart, you must conduct a performance test on the source(s) listed in paragraphs (c)(1) and (2) of this section before you start production of any refractory product for which the organic HAP processing rate is likely to exceed by more than 10 percent the maximum organic HAP processing rate established during the most recent performance test on that same source.


(1) Each affected shape dryer or curing oven that is used to process the refractory product with the higher organic HAP processing rate.


(2) Each affected kiln that follows an affected shape dryer or curing oven and is used to process the refractory product with the higher organic HAP processing rate.


(d) If you own or operate a kiln that is subject to the emission limits specified in item 5 or 9 of Table 1 to this subpart, you must conduct a performance test on the affected kiln following any process changes that are likely to increase organic HAP emissions from the kiln (e.g., a decrease in the curing cycle time for a curing oven that precedes the affected kiln in the process line).


(e) If you own or operate a clay refractory products kiln that is subject to the emission limits specified in item 10 or 11 of Table 1 to this subpart and is controlled with a dry limestone adsorber (DLA), you must conduct a performance test on the affected kiln following any change in the source of limestone used in the DLA.


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

(a) You must conduct each performance test in Table 4 to this subpart that applies to you.


(b) Before conducting the performance test, you must install and validate all monitoring equipment.


(c) Before May 19, 2022, each performance test must be conducted according to the requirements in § 63.7 and under the specific conditions in Table 4 to this subpart. On or after May 19, 2022, each performance test must be conducted under the specific conditions in Table 4 to this subpart.


(d) Before May 19, 2022, you may not conduct performance tests during periods of startup, shutdown, or malfunction, as specified in § 63.7(e)(1). On or after May 19, 2022, you may not conduct performance tests during periods of malfunction. You also may not conduct performance tests during periods of startup or shutdown. 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. You must make available to the Administrator such records as may be necessary to determine the conditions of performance tests.


(e) You must conduct separate test runs for at least the duration specified for each performance test required in this section, as specified in § 63.7(e)(3) and Table 4 to this subpart.


(f) For batch process sources, you must satisfy the requirements specified in paragraphs (f)(1) through (5) of this section.


(1) You must conduct at least two test runs.


(2) Each test run must last an entire batch cycle unless you develop an emissions profile, as specified in items 8(a)(i)(4) and 17(b)(i)(4) of Table 4 to this subpart, or you satisfy the conditions for terminating a test run prior to the completion of a batch cycle as specified in item 8(a)(i)(5) of Table 4 to this subpart.


(3) Each test run must be performed over a separate batch cycle unless you satisfy the conditions for conducting both test runs over a single batch cycle, as described in paragraphs (f)(3)(i) and (ii) of this section.


(i) You do not produce the product that corresponds to the maximum organic HAP processing rate for that batch process source in consecutive batch cycles.


(ii) To produce that product in two consecutive batch cycles would disrupt production of other refractory products.


(4) If you want to conduct a performance test over a single batch cycle, you must include in your Notification of Performance Test the rationale for testing over a single batch cycle.


(5) If you are granted approval to conduct a performance test over a single batch cycle, you must use paired sampling trains and collect two sets of emissions data. Each set of data can be considered a separate test run.


(g) You must use the data gathered during the performance test and the equations in paragraphs (g)(1) through (4) of this section to determine compliance with the emission limitations.


(1) To determine compliance with the total hydrocarbon (THC) emission concentration limit listed in Table 1 to this subpart, you must calculate your emission concentration corrected to 18 percent oxygen for each test run using Equation 1 of this section:





Where:

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

C THC = THC concentration (uncorrected), ppmvd

CO2 = oxygen concentration, percent.

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





Where:

PR = percentage reduction, percent

ERi = mass emissions rate of specific HAP or pollutant (THC, HF, or HCl) entering the control device, kilograms (pounds) per hour

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

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





Where:

MP = mass per unit of production, kilograms of pollutant per megagram (pounds per ton) of uncalcined clay processed

ER = mass emissions rate of specific HAP (HF or HCl) during each performance test run, kilograms (pounds) per hour

P = average uncalcined clay processing rate for the performance test, megagrams (tons) of uncalcined clay processed per hour.

(4) To determine compliance with the Hg emission concentration limit listed in Table 1 to this subpart, you must calculate your emission concentration corrected to 18 percent oxygen for each test run using Equation 4 of this section:




Where:

CHg-C = Hg concentration, corrected to 18 percent oxygen, micrograms per dry standard cubic meters (µg/dscm)

CHg = Hg concentration (uncorrected), µg/dscm

CO2 = oxygen concentration, percent.

(h) You must establish each site-specific operating limit in Table 2 to this subpart that applies to you, as specified in Table 4 to this subpart.


(i) For each affected source that is equipped with an add-on APCD that is not addressed in Table 2 to this subpart or that is using process changes as a means of meeting the emission limits in Table 1 to this subpart, you must meet the requirements in § 63.8(f) and paragraphs (i)(1) through (3) of this section.


(1) For sources subject to the THC concentration limit specified in item 3 or 7 of Table 1 to this subpart, you must satisfy the requirements specified in paragraphs (i)(1)(i) through (iii) of this section.


(i) You must install a THC continuous emissions monitoring system (CEMS) at the outlet of the control device or in the stack of the affected source.


(ii) You must meet the requirements specified in Performance Specification (PS) 8 of 40 CFR part 60, appendix B.


(iii) You must meet the requirements specified in Procedure 1 of 40 CFR part 60, appendix F.


(2) For sources subject to the emission limits specified in item 3, 4, 7, or 8 of Table 1 to this subpart, you must submit a request for approval of alternative monitoring methods to the Administrator no later than the submittal date for the Notification of Performance Test, as specified in § 63.9812(d). The request must contain the information specified in paragraphs (i)(2)(i) through (v) of this section.


(i) Description of the alternative add-on APCD or process changes.


(ii) Type of monitoring device or method that will be used, including the sensor type, location, inspection procedures, quality assurance and quality control measures, and data recording device.


(iii) Operating parameters that will be monitored.


(iv) Frequency that the operating parameter values will be determined and recorded to establish continuous compliance with the operating limits.


(v) Averaging time.


(3) You must establish site-specific operating limits during the performance test based on the information included in the approved alternative monitoring methods request and, as applicable, as specified in Table 4 to this subpart.


[68 FR 18747, Apr. 16, 2003, as amended at 86 FR 66064, Nov. 19, 2021]


§ 63.9802 How do I develop an emissions profile?

If you decide to develop an emissions profile for an affected batch process source; as indicated in item 8(a)(i)(4) or 17(b)(i)(4) of Table 4 to this subpart, you must measure and record mass emissions of the applicable pollutant throughout a complete batch cycle of the affected batch process source according to the procedures described in paragraph (a) or (b) of this section.


(a) If your affected batch process source is subject to the THC concentration limit specified in item 6(a), 7(a), 8, or 9 of Table 1 to this subpart or the THC percentage reduction limit specified in item 6(b) or 7(b) of Table 1 to this subpart, you must measure and record the THC mass emissions rate at the inlet to the control device using the test methods, averaging periods, and procedures specified in items 10(a) and (b) of Table 4 to this subpart for each complete hour of the batch process cycle.


(b) If your affected batch process source is subject to the HF and HCl percentage reduction emission limits in item 11 of Table 1 to this subpart, you must measure and record the HF mass emissions rate at the inlet to the control device through a series of 1-hour test runs according to the test method specified in item 14(a) of Table 4 to this subpart for each complete hour of the batch process cycle.


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

(a) You must install, operate, and maintain each CPMS required by this subpart according to your OM&M plan and the requirements in paragraphs (a)(1) through (15) of this section.


(1) You must satisfy all applicable requirements of performance specifications for CPMS specified in 40 CFR part 60, appendix B, upon promulgation of such performance specifications.


(2) You must satisfy all applicable requirements of quality assurance (QA) procedures for CPMS specified in 40 CFR part 60, appendix F, upon promulgation of such QA procedures.


(3) You must install each sensor of your CPMS in a location that provides representative measurement of the appropriate parameter over all operating conditions, taking into account the manufacturer’s guidelines.


(4) You must use a CPMS that is capable of measuring the appropriate parameter over a range that extends from a value of at least 20 percent less than the lowest value that you expect your CPMS to measure, to a value of at least 20 percent greater than the highest value that you expect your CPMS to measure.


(5) You must use a data acquisition and recording system that is capable of recording values over the entire range specified in paragraph (a)(4) of this section.


(6) You must use a signal conditioner, wiring, power supply, and data acquisition and recording system that are compatible with the output signal of the sensors used in your CPMS.


(7) You must perform an initial calibration of your CPMS based on the procedures specified in the manufacturer’s owner’s manual.


(8) You must use a CPMS that is designed to complete a minimum of one cycle of operation for each successive 15-minute period. To have a valid hour of data, you must have at least three of four equally-spaced data values (or at least 75 percent of the total number of values if you collect more than four data values per hour) for that hour (not including startup, shutdown, malfunction, or out-of-control periods).


(9) You must record valid data from at least 90 percent of the hours during which the affected source or process operates.


(10) You must determine and record the 15-minute block averages of all measurements, calculated after every 15 minutes of operation as the average of the previous 15 operating minutes (not including periods of startup, shutdown, or malfunction).


(11) You must determine and record the 3-hour block averages of all 15-minute recorded measurements, calculated after every 3 hours of operation as the average of the previous 3 operating hours (not including periods of startup, shutdown, or malfunction).


(12) You must record the results of each inspection, calibration, initial validation, and accuracy audit.


(13) At all times, you must maintain your CPMS in accordance with § 63.9792(b), including, but not limited to, keeping the necessary parts readily available for routine repairs of the CPMS.


(14) You must perform an initial validation of your CPMS under the conditions specified in paragraphs (14)(i) and (ii) of this section.


(i) Prior to the initial performance test on the affected source for which the CPMS is required.


(ii) Within 180 days of your replacing or relocating one or more of the sensors of your CPMS.


(15) Except for redundant sensors, as defined in § 63.9824, any device that you use to conduct an initial validation or accuracy audit of your CPMS must meet the accuracy requirements specified in paragraphs (15)(i) and (ii) of this section.


(i) The device must have an accuracy that is traceable to National Institute of Standards and Technology (NIST) standards.


(ii) The device must be at least three times as accurate as the required accuracy for the CPMS.


(b) For each temperature CPMS that is used to monitor the combustion chamber temperature of a thermal oxidizer or the catalyst bed inlet temperature of a catalytic oxidizer, you must meet the requirements in paragraphs (a) and (b)(1) through (6) of this section.


(1) Use a temperature CPMS with a minimum accuracy of ±1.0 percent of the temperature value or 2.8 degrees Celsius (°C) (5 degrees Fahrenheit (°F)), whichever is greater.


(2) Use a data recording system with a minimum resolution of one-half or better of the required CPMS accuracy specified in paragraph (b)(1) of this section.


(3) Perform an initial validation of your CPMS according to the requirements in paragraph (3)(i) or (ii) of this section.


(i) Place the sensor of a calibrated temperature measurement device adjacent to the sensor of your temperature CPMS in a location that is subject to the same environment as the sensor of your temperature CPMS. The calibrated temperature measurement device must satisfy the accuracy requirements of paragraph (a)(15) of this section. While the process and control device that is monitored by your CPMS are operating normally, record concurrently and compare the temperatures measured by your temperature CPMS and the calibrated temperature measurement device. Using the calibrated temperature measurement device as the reference, the temperature measured by your CPMS must be within the accuracy specified in paragraph (b)(1) of this section.


(ii) Perform any of the initial validation methods for temperature CPMS specified in performance specifications for CPMS established in 40 CFR part 60, appendix B.


(4) Perform an accuracy audit of your temperature CPMS at least quarterly, according to the requirements in paragraph (b)(4)(i), (ii), or (iii) of this section.


(i) If your temperature CPMS includes a redundant temperature sensor, record three pairs of concurrent temperature measurements within a 24-hour period. Each pair of concurrent measurements must consist of a temperature measurement by each of the two temperature sensors. The minimum time interval between any two such pairs of consecutive temperature measurements is 1 hour. The measurements must be taken during periods when the process and control device that is monitored by your temperature CPMS are operating normally. Calculate the mean of the three values for each temperature sensor. The mean values must agree within the required overall accuracy of the CPMS, as specified in paragraph (b)(1) of this section.


(ii) If your temperature CPMS does not include a redundant temperature sensor, place the sensor of a calibrated temperature measurement device adjacent to the sensor of your temperature CPMS in a location that is subject to the same environment as the sensor of your temperature CPMS. The calibrated temperature measurement device must satisfy the accuracy requirements of paragraph (a)(15) of this section. While the process and control device that is monitored by your temperature CPMS are operating normally, record concurrently and compare the temperatures measured by your CPMS and the calibrated temperature measurement device. Using the calibrated temperature measurement device as the reference, the temperature measured by your CPMS must be within the accuracy specified in paragraph (b)(1) of this section.


(iii) Perform any of the accuracy audit methods for temperature CPMS specified in QA procedures for CPMS established in 40 CFR part 60, appendix F.


(5) Conduct an accuracy audit of your CPMS following any 24-hour period throughout which the temperature measured by your CPMS exceeds the manufacturer’s specified maximum operating temperature range, or install a new temperature sensor.


(6) If your CPMS is not equipped with a redundant temperature sensor, perform at least quarterly a visual inspection of all components of the CPMS for integrity, oxidation, and galvanic corrosion.


(c) For each pressure CPMS that is used to monitor the pressure drop across a DLA or wet scrubber, you must meet the requirements in paragraphs (a) and (c)(1) through (7) of this section.


(1) Use a pressure CPMS with a minimum accuracy of ±5.0 percent or 0.12 kilopascals (kPa) (0.5 inches of water column (in. w.c.)), whichever is greater.


(2) Use a data recording system with a minimum resolution of one-half the required CPMS accuracy specified in paragraph (c)(1) of this section, or better.


(3) Perform an initial validation of your pressure CPMS according to the requirements in paragraph (c)(3)(i) or (ii) of this section.


(i) Place the sensor of a calibrated pressure measurement device adjacent to the sensor of your pressure CPMS in a location that is subject to the same environment as the sensor of your pressure CPMS. The calibrated pressure measurement device must satisfy the accuracy requirements of paragraph (a)(15) of this section. While the process and control device that is monitored by your CPMS are operating normally, record concurrently and compare the pressure measured by your CPMS and the calibrated pressure measurement device. Using the calibrated pressure measurement device as the reference, the pressure measured by your CPMS must be within the accuracy specified in paragraph (c)(1) of this section.


(ii) Perform any of the initial validation methods for pressure CPMS specified in performance specifications for CPMS established in 40 CFR part 60, appendix B.


(4) Perform an accuracy audit of your pressure CPMS at least quarterly, according to the requirements in paragraph (c)(4)(i), (ii), or (iii) of this section.


(i) If your pressure CPMS includes a redundant pressure sensor, record three pairs of concurrent pressure measurements within a 24-hour period. Each pair of concurrent measurements must consist of a pressure measurement by each of the two pressure sensors. The minimum time interval between any two such pairs of consecutive pressure measurements is 1 hour. The measurements must be taken during periods when the process and control device that is monitored by your CPMS are operating normally. Calculate the mean of the three pressure measurement values for each pressure sensor. The mean values must agree within the required overall accuracy of the CPMS, as specified in paragraph (c)(1) of this section.


(ii) If your pressure CPMS does not include a redundant pressure sensor, place the sensor of a calibrated pressure measurement device adjacent to the sensor of your pressure CPMS in a location that is subject to the same environment as the sensor of your pressure CPMS. The calibrated pressure measurement device must satisfy the accuracy requirements of paragraph (a)(15) of this section. While the process and control device that is monitored by your pressure CPMS are operating normally, record concurrently and compare the pressure measured by your CPMS and the calibrated pressure measurement device. Using the calibrated pressure measurement device as the reference, the pressure measured by your CPMS must be within the accuracy specified in paragraph (c)(1) of this section.


(iii) Perform any of the accuracy audit methods for pressure CPMS specified in QA procedures for CPMS established in 40 CFR part 60, appendix F.


(5) Conduct an accuracy audit of your CPMS following any 24-hour period throughout which the pressure measured by your CPMS exceeds the manufacturer’s specified maximum operating pressure range, or install a new pressure sensor.


(6) At least monthly, check all mechanical connections on your CPMS for leakage.


(7) If your CPMS is not equipped with a redundant pressure sensor, perform at least quarterly a visual inspection of all components of the CPMS for integrity, oxidation, and galvanic corrosion.


(d) For each liquid flow rate CPMS that is used to monitor the liquid flow rate in a wet scrubber, you must meet the requirements in paragraphs (a) and (d)(1) through (7) of this section.


(1) Use a flow rate CPMS with a minimum accuracy of ±5.0 percent or 1.9 liters per minute (L/min) (0.5 gallons per minute (gal/min)), whichever is greater.


(2) Use a data recording system with a minimum resolution of one-half the required CPMS accuracy specified in paragraph (d)(1) of this section, or better.


(3) Perform an initial validation of your CPMS according to the requirements in paragraph (3)(i) or (ii) of this section.


(i) Use a calibrated flow rate measurement system to measure the liquid flow rate in a location that is adjacent to the measurement location for your flow rate CPMS and is subject to the same environment as your flow rate CPMS. The calibrated flow rate measurement device must satisfy the accuracy requirements of paragraph (a)(15) of this section. While the process and control device that is monitored by your flow rate CPMS are operating normally, record concurrently and compare the flow rates measured by your flow rate CPMS and the calibrated flow rate measurement device. Using the calibrated flow rate measurement device as the reference, the flow rate measured by your CPMS must be within the accuracy specified in paragraph (d)(1) of this section.


(ii) Perform any of the initial validation methods for liquid flow rate CPMS specified in performance specifications for CPMS established in 40 CFR part 60, appendix B.


(4) Perform an accuracy audit of your flow rate CPMS at least quarterly, according to the requirements in paragraph (d)(4)(i), (ii), or (iii) of this section.


(i) If your flow rate CPMS includes a redundant sensor, record three pairs of concurrent flow rate measurements within a 24-hour period. Each pair of concurrent measurements must consist of a flow rate measurement by each of the two flow rate sensors. The minimum time interval between any two such pairs of consecutive flow rate measurements is 1 hour. The measurements must be taken during periods when the process and control device that is monitored by your flow rate CPMS are operating normally. Calculate the mean of the three flow rate measurement values for each flow rate sensor. The mean values must agree within the required overall accuracy of the CPMS, as specified in paragraph (d)(1) of this section.


(ii) If your flow rate CPMS does not include a redundant flow rate sensor, place the sensor of a calibrated flow rate measurement device adjacent to the sensor of your flow rate CPMS in a location that is subject to the same environment as the sensor of your flow rate CPMS. The calibrated flow rate measurement device must satisfy the accuracy requirements of paragraph (a)(15) of this section. While the process and control device that is monitored by your flow rate CPMS are operating normally, record concurrently and compare the flow rate measured by your pressure CPMS and the calibrated flow rate measurement device. Using the calibrated flow rate measurement device as the reference, the flow rate measured by your CPMS must be within the accuracy specified in paragraph (d)(1) of this section.


(iii) Perform any of the accuracy audit methods for liquid flow rate CPMS specified in QA procedures for CPMS established in 40 CFR part 60, appendix F.


(5) Conduct an accuracy audit of your flow rate CPMS following any 24-hour period throughout which the flow rate measured by your CPMS exceeds the manufacturer’s specified maximum operating range, or install a new flow rate sensor.


(6) At least monthly, check all mechanical connections on your CPMS for leakage.


(7) If your CPMS is not equipped with a redundant flow rate sensor, perform at least quarterly a visual inspection of all components of the CPMS for integrity, oxidation, and galvanic corrosion.


(e) For each pH CPMS that is used to monitor the pH of a wet scrubber liquid, you must meet the requirements in paragraphs (a) and (e)(1) through (5) of this section.


(1) Use a pH CPMS with a minimum accuracy of ±0.2 pH units.


(2) Use a data recording system with a minimum resolution of 0.1 pH units, or better.


(3) Perform an initial validation of your pH CPMS according to the requirements in paragraph (e)(3)(i) or (ii) of this section.


(i) Perform a single-point calibration using an NIST-certified buffer solution that is accurate to within ±0.02 pH units at 25 °C (77 °F). If the expected pH of the liquid that is monitored lies in the acidic range (less than 7 pH), use a buffer solution with a pH value of 4.00. If the expected pH of the liquid that is monitored is neutral or lies in the basic range (equal to or greater than 7 pH), use a buffer solution with a pH value of 10.00. Place the electrode of your pH CPMS in the container of buffer solution. Record the pH measured by your CPMS. Using the certified buffer solution as the reference, the pH measured by your CPMS must be within the accuracy specified in paragraph (e)(1) of this section.


(ii) Perform any of the initial validation methods for pH CPMS specified in performance specifications for CPMS established in 40 CFR part 60, appendix B.


(4) Perform an accuracy audit of your pH CPMS at least weekly, according to the requirements in paragraph (e)(4)(i), (ii), or (iii) of this section.


(i) If your pH CPMS includes a redundant pH sensor, record the pH measured by each of the two pH sensors. The measurements must be taken during periods when the process and control device that is monitored by your pH CPMS are operating normally. The two pH values must agree within the required overall accuracy of the CPMS, as specified in paragraph (e)(1) of this section.


(ii) If your pH CPMS does not include a redundant pH sensor, perform a single point calibration using an NIST-certified buffer solution that is accurate to within ±0.02 pH units at 25 °C (77 °F). If the expected pH of the liquid that is monitored lies in the acidic range (less than 7 pH), use a buffer solution with a pH value of 4.00. If the expected pH of the liquid that is monitored is neutral or lies in the basic range (equal to or greater than 7 pH), use a buffer solution with a pH value of 10.00. Place the electrode of the pH CPMS in the container of buffer solution. Record the pH measured by your CPMS. Using the certified buffer solution as the reference, the pH measured by your CPMS must be within the accuracy specified in paragraph (e)(1) of this section.


(iii) Perform any of the accuracy audit methods for pH CPMS specified in QA procedures for CPMS established in 40 CFR part 60, appendix F.


(5) If your CPMS is not equipped with a redundant pH sensor, perform at least monthly a visual inspection of all components of the CPMS for integrity, oxidation, and galvanic corrosion.


(f) For each bag leak detection system, you must meet the requirements in paragraphs (f)(1) through (11) of this section.


(1) Each triboelectric bag leak detection system must be installed, calibrated, operated, and maintained according to the “Fabric Filter Bag Leak Detection Guidance” (EPA-454/R-98-015, September 1997) (incorporated by reference, see § 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 particulate matter (PM) emissions at concentrations of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic foot) or less.


(3) The bag leak detection system sensor must provide an output of relative PM loadings.


(4) The bag leak detection system must be equipped with a device to continuously record the output signal from the sensor.


(5) The bag leak detection system must be equipped with an alarm system that will be engaged automatically when an increase in relative PM emissions over a preset level is detected. The alarm must be located where it is easily recognized by plant operating personnel.


(6) For positive pressure fabric filter systems, a bag leak detector must be installed in each baghouse compartment or cell.


(7) For negative pressure or induced air fabric filters, the bag leak detector must be installed downstream of the fabric filter.


(8) Where multiple detectors are required, the system’s instrumentation and alarm may be shared among detectors.


(9) The baseline output must be established by adjusting the range and the averaging period of the device and establishing the alarm set points and the alarm delay time according to section 5.0 of the “Fabric Filter Bag Leak Detection Guidance.”


(10) Following initial adjustment of the system, the owner or operator must not adjust the sensitivity or range, averaging period, alarm set points, or alarm delay time except as detailed in the OM&M plan. In no case may the sensitivity be increased by more than 100 percent or decreased by more than 50 percent over a 365-day period unless such adjustment follows a complete fabric filter inspection that demonstrates that the fabric filter is in good operating condition. You must record each adjustment of your bag leak detection system.


(11) Record the results of each inspection, calibration, and validation check.


(g) For each lime feed rate measurement device that is used to monitor the lime feed rate of a dry injection fabric filter (DIFF) or dry lime scrubber/fabric filter (DLS/FF), or the chemical feed rate of a wet scrubber, you must meet the requirements in paragraph (a) of this section.


(h) For each affected source that is subject to the emission limit specified in item 3, 4, 7, or 8 of Table 1 to this subpart, you must satisfy the requirements of paragraphs (h)(1) through (3) of this section.


(1) Install a THC CEMS at the outlet of the control device or in the stack of the affected source.


(2) Meet the requirements of PS-8 of 40 CFR part 60, appendix B.


(3) Meet the requirements of Procedure 1 of 40 CFR part 60, appendix F.


(i) Requests for approval of alternate monitoring methods must meet the requirements in §§ 63.9800(i)(2) and 63.8(f).


[68 FR 18747, Apr. 16, 2003, as amended at 86 FR 66065, Nov. 19, 2021]


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

(a) You must demonstrate initial compliance with each emission limit that applies to you according to the requirements specified in Table 5 to this subpart.


(b) You must establish each site-specific operating limit in Table 2 to this subpart that applies to you according to the requirements specified in § 63.9800 and Table 4 to this subpart.


(c) You must demonstrate initial compliance with each work practice standard that applies to you according to the requirements specified in Table 6 to this subpart.


(d) You must submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in § 63.9812(e). After Novermber 19, 2021 for affected sources that commence construction or reconstruction after January 14, 2021, and on and after May 19, 2022 for all other affected sources, you must submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in § 63.9812(e) and 63.9814(j).


[68 FR 18747, Apr. 16, 2003, as amended at 86 FR 66065, Nov. 19, 2021]


Continuous Compliance Requirements

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

(a) You must monitor and collect data according to this section.


(b) At all times, you must maintain your monitoring systems in accordance with § 63.9792(b), including, but not limited to, keeping the necessary parts readily available for routine repairs of the monitoring equipment.


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


[68 FR 18747, Apr. 16, 2003, as amended at 86 FR 66065, Nov. 19, 2021]


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

(a) You must demonstrate continuous compliance with each emission limit specified in Table 1 to this subpart that applies to you according to the requirements specified in Table 7 to this subpart.


(b) You must demonstrate continuous compliance with each operating limit specified in Table 2 to this subpart that applies to you according to the requirements specified in Table 8 to this subpart.


(c) You must demonstrate continuous compliance with each work practice standard specified in Table 3 to this subpart that applies to you according to the requirements specified in Table 9 to this subpart.


(d) For each affected source that is equipped with an add-on APCD that is not addressed in Table 2 to this subpart or that is using process changes as a means of meeting the emission limits in Table 1 to this subpart, you must demonstrate continuous compliance with each emission limit in Table 1 to this subpart and each operating limit established as required in § 63.9800(i)(3) according to the methods specified in your approved alternative monitoring methods request as described in § 63.9800(i)(2).


(e) Before May 19, 2022, you must report each instance in which you did not meet each emission limit and each operating limit in this subpart that applies to you. This includes periods of SSM. These instances are deviations from the emission limitations in this subpart. These deviations must be reported according to the requirements in § 63.9814. On or after May 19, 2022, 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 § 63.9814.


(1) [Reserved]


(2) Before May 19, 2022, consistent with §§ 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 § 63.6(e)(1) and your OM&M plan. The Administrator will determine whether deviations that occur during a period of startup, shutdown, or malfunction are violations, according to the provisions in § 63.6(e). On or after May 19, 2022, consistent with §§ 63.9792(b) and 63.9800(d), deviations are not violations if you demonstrate to the Administrator’s satisfaction that you were operating in accordance with § 63.9792(b) and your OM&M plan. The Administrator will determine whether deviations are violations, according to the provisions in § 63.9792(b).


(f) You must demonstrate continuous compliance with the operating limits in Table 2 to this subpart for visible emissions (VE) from clay refractory products 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 as described in paragraph (f)(1) or (2) of this section.


(1) VE testing. Monitoring VE at each kiln stack according to the requirements in paragraphs (f)(1)(i) through (v) of this section.


(i) Perform daily VE observations of each kiln stack according to the procedures of EPA Method 22 of 40 CFR part 60, appendix A-7. You must conduct the EPA Method 22 test while the affected source is operating under normal conditions. The duration of each EPA Method 22 test must be at least 15 minutes.


(ii) If VE are observed during any daily test conducted using EPA Method 22 of 40 CFR part 60, appendix A-7, you must promptly conduct an opacity test, according to the procedures of EPA 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 EPA Method 22 testing from daily to weekly for a kiln stack if one of the conditions in paragraph (f)(1)(iii)(A) or (B) of this section is met.


(A) No VE are observed in 30 consecutive daily EPA Method 22 tests for any kiln stack; or


(B) No opacity greater than 10 percent is observed during any of the EPA 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 EPA Method 9 test, you must promptly initiate and complete corrective actions according to your OM&M plan, resume testing of that kiln stack following EPA Method 22 of 40 CFR part 60, appendix A-7, on a daily basis, as described in paragraph (f)(1)(i) of this section, and maintain that schedule until one of the conditions in paragraph (f)(1)(iii)(A) or (B) of this section is met, at which time you may again decrease the frequency of EPA Method 22 testing to a weekly basis.


(v) If greater than 10 percent opacity is observed during any test conducted using EPA Method 9 of 40 CFR part 60, appendix A-4, you must report these deviations by following the requirements in § 63.9814.


(2) Alternative to VE testing. In lieu of meeting the requirements under paragraph (f)(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 EPA Method 5 of 40 CFR part 60, appendix A-3, and the provisions of § 63.9800(e) and (f).


[68 FR 18747, Apr. 16, 2003, as amended at 71 FR 20471, Apr. 20, 2006; 86 FR 66065, Nov. 19, 2021]


Notifications, Reports, and Records

§ 63.9812 What notifications must I submit and when?

(a) You must submit all of the notifications in §§ 63.7(b) and (c), 63.8(f)(4), and 63.9 (b) through (e) and (h) that apply to you by the dates specified.


(b) As specified in § 63.9(b)(2) and (3), if you start up your affected source before April 16, 2003, you must submit an Initial Notification not later than 120 calendar days after April 16, 2003, or no later than 120 days after the source becomes subject to this subpart, whichever is later.


(c) As specified in § 63.9(b)(3), if you start up your new or reconstructed affected source on or after April 16, 2003, you must submit an Initial Notification not later than 120 calendar days after you become subject to this subpart. Initial Notifications required to be submitted after November 19, 2021 for affected sources that commence construction or reconstruction after January 14, 2021, and on and after May 19, 2022 for all other affected sources submitting initial notifications required in § 63.9(b) must be submitted following the procedure specified in § 63.9814(h) through (l).


(d) If you are required to conduct a performance test, you must submit a Notification of Performance Test at least 60 calendar days before the performance test is scheduled to begin, as required in § 63.7(b)(1).


(e) If you are required to conduct a performance test, you must submit a Notification of Compliance Status as specified in § 63.9(h) and paragraphs (e)(1) and (2) of this section. After November 19, 2021 for affected sources that commence construction or reconstruction after January 14, 2021, and on and after May 19, 2022 for all other affected sources, submit all subsequent Notifications of Compliance Status following the procedure specified in § 63.9814(h) through (l).


(1) For each compliance demonstration that includes a performance test conducted according to the requirements in Table 4 to this subpart, you must submit the Notification of Compliance Status, including the summary of the performance test results, before the close of business on the 60th calendar day following the completion of the performance test.


(2) In addition to the requirements in § 63.9(h)(2)(i), you must include the information in paragraphs (e)(2)(i) through (iv) of this section in your Notification of Compliance Status.


(i) The operating limit parameter values established for each affected source with supporting documentation and a description of the procedure used to establish the values.


(ii) Design information and analysis with supporting documentation demonstrating conformance with requirements for capture/collection systems in Table 2 to this subpart.


(iii) A description of the methods used to comply with any applicable work practice standard.


(iv) For each APCD that includes a fabric filter, analysis and supporting documentation demonstrating conformance with EPA guidance and specifications for bag leak detection systems in § 63.9804(f).


(f) Before November 19, 2021, if you operate a clay refractory products kiln or a chromium refractory products kiln that is subject to the work practice standard specified in item 3 or 4 of Table 3 to this subpart, and you intend to use a fuel other than natural gas or equivalent to fire the affected kiln, you must submit a notification of alternative fuel use within 48 hours of the declaration of a period of natural gas curtailment or supply interruption, as defined in § 63.9824. The notification must include the information specified in paragraphs (f)(1) through (5) of this section. On and after November 19, 2021, you may not use a fuel other than natural gas or equivalent to fire the affected kiln.


(1) Company name and address.


(2) Identification of the affected kiln.


(3) Reason you are unable to use natural gas or equivalent fuel, including the date when the natural gas curtailment was declared or the natural gas supply interruption began.


(4) Type of alternative fuel that you intend to use.


(5) Dates when the alternative fuel use is expected to begin and end.


(g) If you own or operate an affected continuous kiln used to manufacture refractory products that use organic HAP and must perform scheduled maintenance on the THC control device for that kiln, you must request approval from the Administrator before bypassing the control device, as specified in § 63.9792(e). You must submit a separate request for approval each time you plan to bypass the kiln control device.


[68 FR 58620, Oct. 10, 2003, as amended at 85 FR 73918, Nov. 19, 2020; 86 FR 66065, Nov. 19, 2021]


§ 63.9814 What reports must I submit and when?

(a) You must submit each report in Table 10 to this subpart that applies to you.


(b) Unless the Administrator has approved a different schedule for submission of reports under § 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 § 63.9786 and ending on June 30 or December 31 and lasting at least 6 months but less than 12 months. For example, if your compliance date is March 1, then the first semiannual reporting period would begin on March 1 and end on December 31.


(2) The first compliance report must be postmarked or delivered no later than July 31 or January 31 for compliance periods ending on June 30 and December 31, respectively.


(3) Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31.


(4) Each subsequent compliance report must be postmarked or delivered no later than July 31 or January 31 for compliance periods ending on June 30 and December 31, respectively.


(5) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71 and, if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (b)(1) through (4) of this section. In such cases, you must notify the Administrator of this change.


(c) The compliance report must contain the information in paragraphs (c)(1) through (7) 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) Before May 19, 2022, if you had a startup, shutdown, or malfunction during the reporting period, and you took actions consistent with your SSMP and OM&M plan, the compliance report must include the information specified in § 63.10(d)(5)(i). On or after May 19, 2022, if you had a deviation from any emission limitations (emission limit, operating limit, or work practice standard) during the reporting period that apply to you, and you took actions consistent with your OM&M plan, the compliance report must include the information specified in (d) and (e) of this section.


(5) If there are no deviations from any emission limitations (emission limit, operating limit, or work practice standard) that apply to you, the compliance report must include a statement that there were no deviations from the emission limitations during the reporting period.


(6) If there were no periods during which any affected CPMS was out of control as specified in § 63.8(c)(7), the compliance report must include a statement that there were no periods during which the CPMS was out of control during the reporting period.


(7) For each period when an affected continuous kiln used to manufacture refractory products that use organic HAP was operating while the THC control device was out of service, the compliance report must include a description of the control device maintenance performed, including the information specified in paragraphs (c)(7)(i) through (vi) 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 out of service.


(iii) A statement of whether or not the control device maintenance was included in your approved request to bypass the control device while scheduled maintenance is performed, developed as specified in § 63.9792(e).


(iv) Before May 19, 2022, a statement of whether emissions were minimized while the control device was out of service in accordance with your OM&M plan. After May 19, 2022, a statement of whether emissions were minimized while the control device was out of service in accordance with your OM&M plan and the information specified in paragraphs (c)(7)(iv)(A) through (C) of this section.


(A) The average organic HAP processing rate based on actual production on a 6-month rolling basis (not to include periods of kiln shut down) or the lowest hourly organic HAP processing rate from the most recent performance test on that kiln, whichever is lower.


(B) The actual hourly organic HAP processing rate for the kiln while the control device was out of service.


(C) The amount of product manufactured and the mass of organic HAP in the product manufactured in the kiln while the control device was out of service.


(v) After May 19, 2022, an estimate of the THC emissions from the continuous kiln stack while the control device was out of service.


(vi) After May 19, 2022, the total number of hours that the kiln has operated while the control device was out of service during the last year on a 12-month rolling basis.


(d) Before May 19, 2022, for each deviation from an emission limitation (emission limit, operating limit, or work practice standard) that occurs at an affected source where you are not using a CPMS to comply with the emission limitations in this subpart, the compliance report must contain the information in paragraphs (c)(1) through (4) and (d)(1) and (2) of this section. This includes periods of SSM. On or after May 19, 2022, for each deviation from an emission limitation (emission limit, operating limit, or work practice standard) that occurs at an affected source where you are not using a CPMS to comply with the emission limitations in this subpart, the compliance report must contain the information in paragraphs (c)(1) through (4) and (d)(1) through (3) of this section.


(1) The compliance report must include the total operating time of each affected source during the reporting period.


(2) The compliance report must include information on the number, duration in hours, and cause of deviations (including unknown cause, if applicable) and the corrective action taken.


(3) The compliance report must include the date and time of each deviation, a list of the affected sources or equipment, and an estimate of each regulated pollutant emitted over the emission limit and a description of the method used to estimate the emissions.


(e) Before May 19, 2022, for each deviation from an emission limitation (emission limit, operating limit, or work practice standard) occurring at an affected source where you are using a CPMS to comply with the emission limitation in this subpart, the compliance report must include the information in paragraphs (c)(1) through (4) and (e)(1) through (13) of this section. This includes periods of SSM. On or after May 19, 2022, for each deviation from an emission limitation (emission limit, operating limit, or work practice standard) occurring at an affected source where you are using a CPMS to comply with the emission limitation in this subpart, the compliance report must include the information in paragraphs (c)(1) through (4) and (e)(1) through (13) of this section.


(1) The total operating time of each affected source during the reporting period.


(2) Before May 19, 2022, the date and time that each startup, shutdown, or malfunction started and stopped. On or after May 19, 2022, the date and time that each startup, shutdown, or malfunction started and stopped is not required.


(3) The date, time, and duration in hours that each CPMS was inoperative.


(4) The date, time and duration in hours that each CPMS was out of control, including the information in § 63.8(c)(8), as required by your OM&M plan.


(5) Before May 19, 2022, the date and time that each deviation from an emission limitation (emission limit, operating limit, or work practice standard) started and stopped, and whether each deviation occurred during a period of startup, shutdown, or malfunction. On or after May 19, 2022, for each deviation from an emission limitation (emission limit, operating limit, or work practice standard), the date and time that each deviation started and stopped, the duration in hours, a list of the affected sources or equipment, an estimate of each regulated pollutant emitted over the emission limit, and a description of the method used to estimate the emissions.


(6) A description of corrective action taken in response to a deviation.


(7) The total number of deviations during the reporting period, a summary of the total duration in hours of the deviations during the reporting period, and the total duration as a percentage of the total source operating time during that reporting period.


(8) Before May 19, 2022, 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 or after May 19, 2022, 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.


(9) A summary of the total duration in hours of CPMS downtime during the reporting period and the total duration of CPMS downtime as a percentage of the total source operating time during that reporting period.


(10) A brief description of the process units.


(11) A brief description of the CPMS.


(12) The date of the latest CPMS initial validation or accuracy audit.


(13) A description of any changes in CPMS, processes, or controls since the last reporting period.


(f) If you have obtained a title V operating permit pursuant to 40 CFR part 70 or 40 CFR part 71, you must report all deviations as defined in this subpart in the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a compliance report according to Table 10 to this subpart along with, or as part of, the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance report includes all required information concerning deviations from any emission limitation (including any operating limit), then submitting the compliance report will satisfy any obligation to report the same deviations in the semiannual monitoring report. However, submitting a compliance report will not otherwise affect any obligation you may have to report deviations from permit requirements to the permit authority.


(g) Before November 19, 2021, if you operate a clay refractory products kiln or a chromium refractory products kiln that is subject to the work practice standard specified in item 3 or 4 of Table 3 to this subpart, and you use a fuel other than natural gas or equivalent to fire the affected kiln, you must submit a report of alternative fuel use within 10 working days after terminating the use of the alternative fuel. The report must include the information in paragraphs (g)(1) through (6) of this section. On and after November 19, 2021, you may not use a fuel other than natural gas or equivalent to fire the affected kiln.


(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.


(h) Beginning on May 19, 2022, 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 (h)(1) through (3) of this section.


(1) 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/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the performance test to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI), which can be accessed through the EPA’s CDX (https://cdx.epa.gov/). The data must be submitted in a file format generated using the EPA’s ERT. Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA’s ERT website.


(2) Data collected using test methods that are not supported by the EPA’s ERT as listed on the 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 the EPA’s ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI.


(3) Confidential business information (CBI). Do not use CEDRI to submit information you claim as CBI. Anything submitted using CEDRI cannot later be claimed CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim for some of the information submitted under paragraph (h)(1) or (2) of this section, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated using the EPA’s ERT or an alternate electronic file consistent with the XML schema listed on the 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/OAPQS/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 the EPA via the EPA’s CDX as described in paragraphs (h)(1) and (2) of this section. All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.


(i) Beginning on May 19, 2022, within 60 days after the date of completing each continuous emissions monitoring system (CEMS) performance evaluation (as defined in § 63.2), you must submit the results of the performance evaluation following the procedures specified in paragraphs (i)(1) through (3) of this section.


(1) Performance evaluations of CEMS measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the evaluation. Submit the results of the performance evaluation to the EPA via CEDRI, which can be accessed through the EPA’s CDX. The data must be submitted in a file format generated using the EPA’s ERT. Alternatively, you may submit an electronic file consistent with the XML schema listed on the EPA’s ERT website.


(2) Performance evaluations of CEMS measuring RATA pollutants that are not supported by the EPA’s ERT as listed on the 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 the EPA’s ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI.


(3) CBI. Do not use CEDRI to submit information you claim as CBI. Anything submitted using CEDRI cannot later be claimed CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim for some of the information submitted under paragraph (i)(1) or (2) of this section, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated using the EPA’s ERT or an alternate electronic file consistent with the XML schema listed on the 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 the EPA via the EPA’s CDX as described in paragraphs (h)(1) and (2) of this section. All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.


(j) Beginning May 19, 2022, you must submit all subsequent Notification of Compliance Status reports in PDF format to the EPA via CEDRI, which can be accessed through EPA’s CDX (https://cdx.epa.gov/).The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as CBI. Anything submitted using CEDRI cannot later be claimed CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim, submit a complete report, including information claimed to be CBI, to the 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: Refractory Lead MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph (j). All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.


(k) If you are required to electronically submit a report through CEDRI in the EPA’s CDX, you may assert a claim of EPA system outage for failure to timely comply with that reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (k)(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 the 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) A description of 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.


(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.


(l) If you are required to electronically submit a report through CEDRI in the EPA’s CDX, you may assert a claim of force majeure for failure to timely comply with that reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (l)(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) A description of 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 18747, Apr. 16, 2003, as amended at 86 FR 66066, Nov. 19,2021]


§ 63.9816 What records must I keep?

(a) You must keep the records listed in paragraphs (a)(1) through (3) of this section.


(1) A copy of each notification and report that you submitted to comply with this subpart, including all documentation supporting any Initial Notification or Notification of Compliance Status that you submitted, according to the requirements in § 63.10(b)(2)(xiv).


(2) Before May 19, 2022, the records in § 63.6(e)(3)(iii) through (v) related SSM.


(3) Records of performance tests as required in § 63.10(b)(2)(viii).


(b) You must keep the records required in Tables 7 through 9 to this subpart to show continuous compliance with each emission limitation that applies to you.


(c) You must also maintain the records listed in paragraphs (c)(1) through (10) of this section.


(1) Records of emission data used to develop an emissions profile, as indicated in items 8(a)(i)(4) and 17(b)(i)(4) of Table 4 to this subpart.


(2) Records that document how you comply with any applicable work practice standard.


(3) For each bag leak detection system, records of each alarm, the time of the alarm, the time corrective action was initiated and completed, and a brief description of the cause of the alarm and the corrective action taken.


(4) For each kiln controlled with a DLA, records that document the source of limestone used.


(5) For each deviation of an operating limit parameter value, record the information in paragraphs (c)(5)(i) through (iv) of this section.


(i) The date, time, and duration in hours of the deviation.


(ii) On or after May 19, 2022, a list of the affected sources or equipment.


(iii) On or after May 19, 2022, an estimate of the quantity in pounds of each regulated pollutant over any emission limit and a description of the method used to estimate emissions.


(iv) Actions taken to minimize emissions in accordance with § 63.9792(b), a brief explanation of the cause of the deviation, and the corrective action taken to return the affected unit to its normal or usual manner of operation.


(6) For each affected source, records of production rate on a process throughput basis (either feed rate to the process unit or discharge rate from the process unit).


(7) Records of any approved alternative monitoring method(s) or test procedure(s).


(8) Records of maintenance activities and inspections performed on control devices, including all records associated with the scheduled maintenance of the THC control devices on continuous kilns used to manufacture refractory products that use organic HAP, as specified in § 63.9792(e).


(9) If you operate a source that is subject to the THC emission limits specified in item 2, 3, 6, or 7 of Table 1 to this subpart and is controlled with a catalytic oxidizer, records of annual checks of catalyst activity levels and subsequent corrective actions.


(10) Current copies of the OM&M plan, including any revisions and records documenting conformance with those revisions.


[68 FR 18747, Apr. 16, 2003, as amended at 86 FR 66069, Nov. 19, 2021]


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

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


(b) As specified in § 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 § 63.10(b)(1). You may keep the records offsite for the remaining 3 years.


Other Requirements and Information

§ 63.9820 What parts of the General Provisions apply to me?

Table 11 to this subpart shows which parts of the General Provisions specified in §§ 63.1 through 63.16 apply to you.


[86 FR 66069, Nov. 19, 2021]


§ 63.9822 Who implements and enforces this subpart?

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


(b) In delegating implementation and enforcement authority to this subpart to a State, local, or tribal agency under 40 CFR part 63, subpart E, the authorities contained in paragraph (c) of this section are retained by the Administrator of the U.S. EPA and are not transferred to the State, local, or tribal agency.


(c) The authorities that cannot be delegated to state, local, or tribal agencies are as specified in paragraphs (c)(1) through (5) of this section.


(1) Approval of alternatives to the applicability requirements in §§ 63.9782 and 63.9784, the compliance date requirements in § 63.9786, and the emission limitations in § 63.9788.


(2) Approval of major changes to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90.


(3) Approval of major changes to monitoring under § 63.8(f) and as defined in § 63.90.


(4) Approval of major changes to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90.


(5) Approval of an alternative to any electronic reporting to the EPA required by this subpart.


[68 FR 18747, Apr. 16, 2003, as amended at 86 FR 66069, Nov. 19, 2021]


§ 63.9824 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in 40 CFR 63.2, the General Provisions of this part, and in this section as follows:


Additive means a minor addition of a chemical, mineral, or metallic substance that is added to a refractory mixture to facilitate processing or impart specific properties to the final refractory product.


Add-on air pollution control device (APCD) means equipment installed on a process vent that reduces the quantity of a pollutant that is emitted to the air.


Autoclave means a vessel that is used to impregnate fired and/or unfired refractory shapes with pitch to form pitch-impregnated refractory products. Autoclaves also can be used as defumers following the impregnation process.


Bag leak detection system means an instrument that is capable of monitoring particulate matter loadings in the exhaust of a fabric filter in order to detect bag failures. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, light-scattering, light-transmittance, or other effects to monitor relative PM loadings.


Basket means the metal container used to hold refractory shapes for pitch impregnation during the shape preheating, impregnation, defuming, and, if applicable, coking processes.


Batch process means a process in which a set of refractory shapes is acted upon as a single unit according to a predetermined schedule, during which none of the refractory shapes being processed are added or removed. A batch process does not operate continuously.


Binder means a substance added to a granular material to give it workability and green or dry strength.


Catalytic oxidizer means an add-on air pollution control device that is designed specifically to destroy organic compounds in a process exhaust gas stream by catalytic incineration. A catalytic oxidizer includes a bed of catalyst media through which the process exhaust stream passes to promote combustion and incineration at a lower temperature than would be possible without the catalyst.


Chromium refractory product means a refractory product that contains at least 1 percent chromium by weight.


Clay refractory product means a refractory product that contains at least 10 percent uncalcined clay by weight prior to firing in a kiln. In this definition, the term “clay” means any of the following six classifications of clay defined by the U.S. Geologic Survey: ball clay, bentonite, common clay and shale, fire clay, fuller’s earth, and kaolin.


Coking oven means a thermal process unit that operates at a peak temperature typically between 540° and 870 °C (1000° and 1600 °F) and is used to drive off the volatile constituents of pitch-impregnated refractory shapes under a reducing or oxygen-deprived atmosphere.


Continuous parameter monitoring system (CPMS) means the total equipment that is used to measure and record temperature, pressure, liquid flow rate, gas flow rate, or pH on a continuous basis in one or more locations. “Total equipment” includes the sensor, mechanical components, electronic components, data acquisition system, data recording system, electrical wiring, and other components of a CPMS.


Continuous process means a process that operates continuously. In a continuous process unit, the materials or shapes that are processed are either continuously charged (fed) to and discharged from the process unit, or are charged and discharged at regular time intervals without the process unit being shut down. Continuous thermal process units, such as tunnel kilns, generally include temperature zones that are maintained at relatively constant temperature and through which the materials or shapes being processed are conveyed continuously or at regular time intervals.


Curing oven means a thermal process unit that operates at a peak temperature typically between 90° and 340 °C (200° and 650 °F) and is used to activate a thermosetting resin, pitch, or other binder in refractory shapes. Curing ovens also perform the same function as shape dryers in removing the free moisture from refractory shapes.


Defumer means a process unit that is used for holding pitch-impregnated refractory shapes as the shapes defume or cool immediately following the impregnation process. This definition includes autoclaves that are opened and exhausted to the atmosphere following an impregnation cycle and used for holding pitch-impregnated refractory shapes while the shapes defume or cool.


Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source:


(1) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any emission limitation (emission limit, operating limit, or work practice standard);


(2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart for any affected source required to obtain such a permit; or


(3) Fails to meet any emission limitation (emission limit, operating limit, or work practice standard) in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart.


Dry injection fabric filter (DIFF) means an add-on air pollution control device that includes continuous injection of hydrated lime or other sorbent into a duct or reaction chamber followed by a fabric filter.


Dry lime scrubber/fabric filter (DLS/FF) means an add-on air pollution control device that includes continuous injection of humidified hydrated lime or other sorbent into a reaction chamber followed by a fabric filter. These systems may include recirculation of some of the sorbent.


Dry limestone adsorber (DLA) means an air pollution control device that includes a limestone storage bin, a reaction chamber that is essentially a packed-tower filled with limestone, and may or may not include a peeling drum that mechanically scrapes reacted limestone to regenerate the stone for reuse.


Emission limitation means any restriction on the emissions a process unit may discharge.


Fabric filter means an add-on air pollution control device used to capture particulate matter by filtering a process exhaust stream through a filter or filter media; a fabric filter is also known as a baghouse.


Fired refractory shape means a refractory shape that has been fired in a kiln.


HAP means any hazardous air pollutant that appears in section 112(b) of the Clean Air Act.


Kiln means a thermal process unit that operates at a peak temperature greater than 820 °C (1500 °F) and is used for firing or sintering refractory, ceramic, or other shapes.


Kiln furniture means any refractory shape that is used to hold, support, or position ceramic or refractory products in a kiln during the firing process.


Maximum organic HAP processing rate means the combination of process and refractory product formulation that has the greatest potential to emit organic HAP. The maximum organic HAP processing rate is a function of the organic HAP processing rate, process operating temperature, and other process operating parameters that affect emissions of organic HAP. (See also the definition of organic HAP processing rate.)


Organic HAP processing rate means the rate at which the mass of organic HAP materials contained in refractory shapes are processed in an affected thermal process unit. The organic HAP processing rate is a function of the amount of organic HAP contained in the resins, binders, and additives used in a refractory mix; the amounts of those resins, binders, and additives in the refractory mix; and the rate at which the refractory shapes formed from the refractory mix are processed in an affected thermal process unit. For continuous process units, the organic HAP processing rate is expressed in units of mass of organic HAP per unit of time (e.g., pounds per hour). For batch process units, the organic HAP processing rate is expressed in units of mass of organic HAP per unit mass of refractory shapes processed during the batch process cycle (e.g., pounds per ton).


Particulate matter (PM) means, for the purposes of this subpart, emissions of particulate matter that serve as a measure of total particulate emissions as measured by EPA Method 5 of 40 CFR part 60, appendix A-3.


Peak emissions period means the period of consecutive hourly mass emissions of the applicable pollutant that is greater than any other period of consecutive hourly mass emissions for the same pollutant over the course of a specified batch process cycle, as defined in paragraphs (1) and (2) of this definition. The peak emissions period is a function of the rate at which the temperature of the refractory shapes is increased, the mass and loading configuration of the shapes in the process unit, the constituents of the refractory mix, and the type of pollutants emitted.


(1) The 3-hour peak THC emissions period is the period of 3 consecutive hours over which the sum of the hourly THC mass emissions rates is greater than the sum of the hourly THC mass emissions rates for any other period of 3 consecutive hours during the same batch process cycle.


(2) The 3-hour peak HF emissions period is the period of 3 consecutive hours over which the sum of the hourly HF mass emissions rates is greater than the sum of the hourly HF mass emissions rates for any other period of 3 consecutive hours during the same batch process cycle.


Period of natural gas curtailment or supply interruption means a period of time during which the supply of natural gas to an affected facility is halted for reasons beyond the control of the facility. An increase in the cost or unit price of natural gas does not constitute a period of natural gas curtailment or supply interruption.


Pitch means the residue from the distillation of petroleum or coal tar.


Pitch-bonded refractory product means a formed refractory product that is manufactured using pitch as a bonding agent. Pitch-bonded refractory products are manufactured by mixing pitch with magnesium oxide, graphite, alumina, silicon carbide, silica, or other refractory raw materials, and forming the mix into shapes. After forming, pitch-bonded refractory products are cured in a curing oven and may be subsequently fired in a kiln.


Pitch-impregnated refractory product means a refractory shape that has been fired in a kiln, then impregnated with heated coal tar or petroleum pitch under pressure. After impregnation, pitch-impregnated refractory shapes may undergo the coking process in a coking oven. The total carbon content of a pitch-impregnated refractory product is less than 50 percent.


Pitch working tank means a tank that is used for heating pitch to the impregnation temperature, typically between 150° and 260 °C (300° and 500 °F); temporarily storing heated pitch between impregnation cycles; and transferring pitch to and from the autoclave during the impregnation step in manufacturing pitch-impregnated refractory products.


Plant site means all contiguous or adjoining property that is under common control, including properties that are separated only by a road or other public right-of-way. Common control includes properties that are owned, leased, or operated by the same entity, parent entity, subsidiary, or any combination thereof.


Redundant sensor means a second sensor or a back-up sensor that is integrated into a CPMS and is used to check the parameter value (e.g., temperature, pressure) measured by the primary sensor of the CPMS.


Refractory product means nonmetallic materials containing less than 50 percent carbon by weight and having those chemical and physical properties that make them applicable for structures, or as components of systems, that are exposed to environments above 538 °C (1000 °F). This definition includes, but is not limited to: refractory bricks, kiln furniture, crucibles, refractory ceramic fiber, and other materials used as linings for boilers, kilns, and other processing units and equipment where extremes of temperature, corrosion, and abrasion would destroy other materials.


Refractory products that use organic HAP means resin-bonded refractory products, pitch-bonded refractory products, and other refractory products that are produced using a substance that is an organic HAP, that releases an organic HAP during production of the refractory product, or that contains an organic HAP, such as methanol or ethylene glycol.


Refractory shape means any refractory piece forming a stable mass with specific dimensions.


Research and development process unit means any process unit whose purpose is to conduct research and development for new processes and products and is not engaged in the manufacture of products for commercial sale, except in a de minimis manner.


Resin-bonded refractory product means a formed refractory product that is manufactured using a phenolic resin or other type of thermosetting resin as a bonding agent. Resin-bonded refractory products are manufactured by mixing resin with alumina, magnesium oxide, graphite, silica, zirconia, or other refractory raw materials, and forming the mix into shapes. After forming, resin-bonded refractory products are cured in a curing oven and may be subsequently fired in a kiln.


Responsible official means one of the following:


(1) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decisionmaking functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:


(i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or


(ii) The delegation of authority to such representatives is approved in advance by the Administrator;


(2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively;


(3) For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or


(4) For affected sources (as defined in this subpart) applying for or subject to a title V permit: “responsible official” shall have the same meaning as defined in part 70 or Federal title V regulations in this chapter (42 U.S.C. 7661), whichever is applicable.


Shape dryer means a thermal process unit that operates at a peak temperature typically between 40° and 700 °C (100° and 1300 °F) and is used exclusively to reduce the free moisture content of a refractory shape. Shape dryers generally are the initial thermal process step following the forming step in refractory products manufacturing. (See also the definition of a curing oven.)


Shape preheater means a thermal process unit that operates at a peak temperature typically between 180° and 320 °C (350° and 600 °F) and is used to heat fired refractory shapes prior to the impregnation step in manufacturing pitch-impregnated refractory products.


Thermal oxidizer means an add-on air pollution control device that includes one or more combustion chambers and is designed specifically to destroy organic compounds in a process exhaust gas stream by incineration.


Uncalcined clay means clay that has not undergone thermal processing in a calciner.


Wet scrubber means an add-on air pollution control device that removes pollutants from a gas stream by bringing them into contact with a liquid, typically water.


Work practice standard means any design, equipment, work practice, or operational standard, or combination thereof, that is promulgated pursuant to section 112(h) of the Clean Air Act.


[68 FR 18747, Apr. 16, 2003, as amended at 86 FR 66069, Nov. 19, 2021]


Table 1 to Subpart SSSSS of Part 63 – Emission Limits

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


For . . .
You must meet the following emission limits . . .
1. Each new or existing curing oven, shape dryer, and kiln that is used to process refractory products that use organic HAP; each new or existing coking oven and defumer that is used to produce pitch-impregnated refractory products; each new shape preheater that is used to produce pitch-impregnated refractory products; AND each new or existing process unit that is exhausted to a thermal or catalytic oxidizer that also controls emissions from an affected shape preheater or pitch working tankAs specified in items 2 through 9 of this table.
2. Continuous process units that are controlled with a thermal or catalytic oxidizera. The 3-hour block average THC concentration must not exceed 20 parts per million by volume, dry basis (ppmvd), corrected to 18 percent oxygen, at the outlet of the control device; or

b. The 3-hour block average THC mass emissions rate must be reduced by at least 95 percent.
3. Continuous process units that are equipped with a control device other than a thermal or catalytic oxidizera. The 3-hour block average THC concentration must not exceed 20 ppmvd, corrected to 18 percent oxygen, at the outlet of the control device; or

b. The 3-hour block average THC mass emissions rate must be reduced by at least 95 percent.
4. Continuous process units that use process changes to reduce organic HAP emissionsThe 3-hour block average THC concentration must not exceed 20 ppmvd, corrected to 18 percent oxygen, at the outlet of the process gas stream.
5. Continuous kilns that are not equipped with a control deviceThe 3-hour block average THC concentration must not exceed 20 ppmvd, corrected to 18 percent oxygen, at the outlet of the process gas stream.
6. Batch process units that are controlled with a thermal or catalytic oxidizera. The 2-run block average THC concentration for the 3-hour peak emissions period must not exceed 20 ppmvd, corrected to 18 percent oxygen, at the outlet of the control device; or

b. The 2-run block average THC mass emissions rate for the 3-hour peak emissions period must be reduced by at least 95 percent.
7. Batch process units that are equipped with a control device other than a thermal or catalytic oxidizera. The 2-run block average THC concentration for the 3-hour peak emissions period must not exceed 20 ppmvd, corrected to 18 percent oxygen, at the outlet of the control device; or

b. The 2-run block average THC mass emissions rate for the 3-hour peak emissions period must be reduced by at least 95 percent.
8. Batch process units that use process changes to reduce organic HAP emissionsThe 2-run block average THC concentration for the 3-hour peak emissions period must not exceed 20 ppmvd, corrected to 18 percent oxygen, at the outlet of the process gas stream.
9. Batch process kilns that are not equipped with a control deviceThe 2-run block average THC concentration for the 3-hour peak emissions period must not exceed 20 ppmvd, corrected to 18 percent oxygen, at the outlet of the process gas stream.
10. Each new continuous kiln that is used to produce clay refractory productsa. The 3-hour block average HF emissions must not exceed 0.019 kilograms per megagram (kg/Mg) (0.038 pounds per ton (lb/ton)) of uncalcined clay processed, OR the 3-hour block average HF mass emissions rate must be reduced by at least 90 percent; and
b. The 3-hour block average HCl emissions must not exceed 0.091 kg/Mg (0.18 lb/ton) of uncalcined clay processed, OR the 3-hour block average HCl mass emissions rate must be reduced by at least 30 percent; and
c. The 3-hour block average PM emissions must not exceed 1.4 kg/Mg (3.1 lb/hr); and
d. The 3-hour block average Hg concentration must not exceed 6.1 micrograms per dry standard cubic meter (µg/dscm), corrected to 18 percent oxygen, at the outlet of the control device or the process gas stream.
11. Each new batch process kiln that is used to produce clay refractory productsa. The 2-run block average HF mass emissions rate for the 3-hour peak emissions period must be reduced by at least 90 percent; and

b. The 2-run block average HCl mass emissions rate for the 3-hour peak emissions period must be reduced by at least 30 percent; and
c. The 2-run block average PM emissions for the 3-hour peak emissions period must not exceed 1.4 kg/Mg (3.1 lb/hr); and
d. The 2-run block average Hg concentration for the 3-hour peak emissions period must not exceed 6.1 µg/dscm, corrected to 18 percent oxygen, at the outlet of the control device or the process gas stream.
12. Each existing continuous kiln that is used to produce clay refractory products on and after November 20, 2022a. The 3-hour block average PM emissions must not exceed 4.3 kg/Mg (9.5 lb/hr); and

b. The 3-hour block average Hg concentration must not exceed 18 µg/dscm, corrected to 18 percent oxygen, at the outlet of the control device or the process gas stream.
13. Each existing batch kiln that is used to produce clay refractory products on and after November 20, 2022a. The 2-run block average PM emissions for the 3-hour peak emissions period must not exceed 4.3 kg/Mg (9.5 lb/hr); and

b. The 2-run block average Hg concentration for the 3-hour peak emissions period must not exceed 18 µg/dscm, corrected to 18 percent oxygen, at the outlet of the control device or the process gas stream.

[86 FR 66069, Nov. 19, 2021]


Table 2 to Subpart SSSSS of Part 63 – Operating Limits

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


For . . .
You must . . .
1. Each affected source listed in Table 1 to this subparta. Operate all affected sources according to the requirements to this subpart on and after the date on which the initial performance test is conducted or required to be conducted, whichever date is earlier; and
b. Capture emissions and vent them through a closed system; and
c. Operate each control device that is required to comply with this subpart on each affected source during all periods that the source is operating, except where specified in § 63.9792(e), item 2 of this table, item 5 of Table 3 to this subpart, item 13 of Table 4 to this subpart, and item 6 of Table 9 to this subpart for THC control devices on continuous kilns used to manufacture refractory products that use organic HAP; and
d. Record all operating parameters specified in Table 8 to this subpart for the affected source; and
e. Prepare and implement a written OM&M plan as specified in § 63.9792(d).
2. Each affected continuous kiln used to manufacture refractory products that use organic HAP that is equipped with an emission control device for THCa. Receive approval from the Administrator before taking the control device on the affected kiln out of service for scheduled maintenance, as specified in § 63.9792(e); and

b. Before May 19, 2022, minimize HAP emissions from the affected kiln during all periods of scheduled maintenance of the kiln control device when the kiln is operating and the control device is out of service; on and after May 19, 2022, you must minimize HAP emissions during the period when the kiln is operating and the control device is out of service by complying with the applicable standard in Table 3 to this subpart; and
c. Minimize the duration of all periods of scheduled maintenance of the kiln control device when the kiln is operating and the control device is out of service. On and after May 19, 2022, the total time during which the kiln is operating and the control device is out of service for the each year on a 12-month rolling basis must not exceed 750 hours.
3. Each new or existing curing oven, shape dryer, and kiln that is used to process refractory products that use organic HAP; each new or existing coking oven and defumer that is used to produce pitch-impregnated refractory products; each new shape preheater that is used to produce pitch-impregnated refractory products; AND each new or existing process unit that is exhausted to a thermal or catalytic oxidizer that also controls emissions from an affected shape preheater or pitch working tankSatisfy the applicable operating limits specified in items 4 through 9 of this table.
4. Each affected continuous process unitMaintain the 3-hour block average organic HAP processing rate (pounds per hour) at or below the maximum organic HAP processing rate established during the most recent performance test.
5. Continuous process units that are equipped with a thermal oxidizerMaintain the 3-hour block average operating temperature in the thermal oxidizer combustion chamber at or above the minimum allowable operating temperature for the oxidizer established during the most recent performance test.
6. Continuous process units that are equipped with a catalytic oxidizera. Maintain the 3-hour block average operating temperature at the inlet of the catalyst bed of the oxidizer at or above the minimum allowable operating temperature for the oxidizer established during the most recent performance test; and
b. Check the activity level of the catalyst at least every 12 months.
7. Each affected batch process unitFor each batch cycle, maintain the organic HAP processing rate (pounds per batch) at or below the maximum organic HAP processing rate established during the most recent performance test.
8. Batch process units that are equipped with a thermal oxidizera. From the start of each batch cycle until 3 hours have passed since the process unit reached maximum temperature, maintain the hourly average operating temperature in the thermal oxidizer combustion chamber at or above the minimum allowable operating temperature established for the corresponding period during the most recent performance test, as determined according to item 11 of Table 4 to this subpart; and
b. For each subsequent hour of the batch cycle, maintain the hourly average operating temperature in the thermal oxidizer combustion chamber at or above the minimum allowable operating temperature established for the corresponding hour during the most recent performance test, as specified in item 13 of Table 4 to this subpart.
9. Batch process units that are equipped with a catalytic oxidizera. From the start of each batch cycle until 3 hours have passed since the process unit reached maximum temperature, maintain the hourly average operating temperature at the inlet of the catalyst bed at or above the minimum allowable operating temperature established for the corresponding period during the most recent performance test, as determined according to item 12 of Table 4 to this subpart; and
b. For each subsequent hour of the batch cycle, maintain the hourly average operating temperature at the inlet of the catalyst bed at or above the minimum allowable operating temperature established for the corresponding hour during the most recent performance test, as specified in item 13 of Table 4 to this subpart; and
c. Check the activity level of the catalyst at least every 12 months.
10. Each new kiln that is used to process clay refractory productsSatisfy the applicable operating limits specified in items 11 through 13 of this table.
11. Each affected kiln that is equipped with a DLAa. Maintain the 3-hour block average pressure drop across the DLA at or above the minimum levels established during the most recent performance test; and
b. Maintain free-flowing limestone in the feed hopper, silo, and DLA at all times; and
c. Maintain the limestone feeder at or above the level established during the most recent performance test; and
d. Use the same grade of limestone from the same source as was used during the most recent performance test and maintain records of the source and type of limestone used; and
e. Maintain no VE from the stack.
12. Each affected kiln that is equipped with a DIFF or DLS/FFa. Initiate corrective action within 1 hour of a bag leak detection system alarm and complete corrective actions in accordance with the OM&M plan; and
b. Verify at least once each 8-hour shift that lime is free-flowing by means of a visual check, checking the output of a load cell, carrier gas/lime flow indicator, or carrier gas pressure drop measurement system; and
c. Record the lime feeder setting daily to verify that the feeder setting is at or above the level established during the most recent performance test.
13. Each affected kiln that is equipped with a wet scrubbera. Maintain the 3-hour block average pressure drop across the scrubber, liquid pH, and liquid flow rate at or above the minimum levels established during the most recent performance test; and
b. If chemicals are added to the scrubber liquid, maintain the 3-hour block average chemical feed rate at or above the minimum chemical feed rate established during the most recent performance test.
14. Each new and existing kiln used to process clay refractory products that is equipped with an activated carbon injection systemMaintain the 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.
15. Each new and existing kiln that is used to process clay refractory products with no add-on control and each existing kiln that is equipped with a DLAMaintain no VE from the stack.
16. Each existing kiln used to process clay refractory products that is equipped with a FFInitiate corrective action within 1 hour of a bag leak detection system alarm and complete corrective actions in accordance with the OM&M plan OR maintain no VE from the stack.
17. Each existing kiln used to process clay refractory products that is equipped with a wet scrubberMaintain the 3-hour block average pressure drop across the scrubber and liquid flow rate at or above the minimum levels established during the most recent performance test.

[86 FR 66070, Nov. 19, 2021]


Table 3 to Subpart SSSSS of Part 63 – Work Practice Standards

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


For . . .
You must . . .
According to one of the following requirements . . .
1. Each basket or container that is used for holding fired refractory shapes in an existing shape preheater and autoclave during the pitch impregnation processa. Control POM emissions from any affected shape preheateri. At least every 10 preheating cycles, clean the residual pitch from the surfaces of the basket or container by abrasive blasting prior to placing the basket or container in the affected shape preheater; or

ii. At least every 10 preheating cycles, subject the basket or container to a thermal process cycle that meets or exceeds the operating temperature and cycle time of the affected preheater, AND is conducted in a process unit that is exhausted to a thermal or catalytic oxidizer that is comparable to the control device used on an affected defumer or coking oven; or

iii. Capture emissions from the affected shape preheater and vent them to the control device that is used to control emissions from an affected defumer or coking oven, or to a comparable thermal or catalytic oxidizer.
2. Each new or existing pitch working tankControl POM emissionsCapture emissions from the affected pitch working tank and vent them to the control device that is used to control emissions from an affected defumer or coking oven, OR to a comparable thermal or catalytic oxidizer.
3. Each new or existing chromium refractory products kilnMinimize fuel-based HAP emissionsBefore May 19, 2022, use natural gas, or equivalent, as the kiln fuel, except during periods of natural gas curtailment or supply interruption, as defined in § 63.9824. On and after May 19, 2022, use natural gas, or equivalent, as the kiln fuel at all times.
4. Each existing clay refractory products kilnMinimize fuel-based HAP emissionsBefore May 19, 2022, use natural gas, or equivalent, as the kiln fuel, except during periods of natural gas curtailment or supply interruption, as defined in § 63.9824. On and after May 19, 2022, use natural gas, or equivalent, as the kiln fuel at all times.
5. Each affected continuous kiln used to manufacture refractory products that use organic HAP that is equipped with an emission control device for THC with Administrator approval to take the control device out of service for scheduled maintenance, as specified in § 63.9792(e)Minimize HAP emissionsi. Before May 19, 2022, minimize HAP emissions from the affected kiln during all periods of scheduled maintenance of the kiln control device when the kiln is operating and the control device is out of service consistent with your OM&M plan and minimize the time period during which the kiln is operating and the control device is out of service; or

ii. On and after May 19, 2022, minimize HAP emissions during the period when the kiln is operating and the control device is out of service by maintaining the organic HAP processing rate (lb/hr) below the average organic HAP processing rate based on actual production on a 6-month rolling basis (not to include periods of kiln shut down) or below the organic HAP processing rate (lb/hr) that coincides with the lowest hour of the most recent 3-hour performance test, whichever is lower); and minimize the time period during which the kiln is operating and the control device is out of service, not to exceed 750 hours for the year (on a 12-month rolling basis).
6. Each new or existing curing oven, shape dryer, and kiln that is used to process refractory products that use organic HAP, on and after Novermber 19, 2021Minimize fuel-based HAP emissionsUse natural gas, or equivalent, as the kiln fuel, at all times.

[86 FR 66072, Nov. 19, 2021]


Table 4 to Subpart SSSSS to Part 63 – Requirements for Performance Tests

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


For . . .
You must . . .
Using . . .
According to the following requirements . . .
1. Each affected source listed in Table 1 to this subparta. Conduct performance testsi. The requirements of the general provisions in subpart A of this part and the requirements to this subpart(1) Record the date of the test; and

(2) Identify the emission source that is tested; and

(3) Collect and record the corresponding operating parameter and emission test data listed in this table for each run of the performance test; and
(4) Repeat the performance test at least every 5 years; and
(5) Repeat the performance test before changing the parameter value for any operating limit specified in your OM&M plan; and
(6) If complying with the THC concentration or THC percentage reduction limits specified in items 2 through 9 of Table 1 to this subpart, repeat the performance test under the conditions specified in items 2.a.2. and 2.a.3. of this table; and
(7) If complying with the emission limits for new clay refractory products kilns specified in items 10 and 11 of Table 1 to this subpart, repeat the performance test under the conditions specified in items 14.a.i.4. and 17.a.i.4. of this table.
b. Select the locations of sampling ports and the number of traverse pointsi. Method 1 or 1A of 40 CFR part 60, appendix A-1(1) To demonstrate compliance with the percentage reduction limits specified in items 2.b., 3.b., 6.b., 7.b., 10, and 11 of Table 1 to this subpart, locate sampling sites at the inlet of the control device and at either the outlet of the control device or at the stack prior to any releases to the atmosphere; and
(2) To demonstrate compliance with any other emission limit specified in Table 1 to this subpart, locate all sampling sites at the outlet of the control device or at the stack prior to any releases to the atmosphere.
c. Determine gas velocity and volumetric flow rateMethod 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR part 60, appendix A-1 and A-2Measure gas velocities and volumetric flow rates at 1-hour intervals throughout each test run.
d. Conduct gas molecular weight analysisi. Method 3, 3A, or 3B of 40 CFR part 60, appendix A-2; or

ii. ASME PTC 19.10-1981 – Part 10
a
As specified in the applicable test method.

You may use the manual procedures (but not instrumental procedures) of ASME PTC 19.10-1981 – Part 10
a as an alternative to EPA Method 3B.
e. Measure gas moisture contentMethod 4 of 40 CFR part 60, appendix A-3As specified in the applicable test method.
2. Each new or existing curing oven, shape dryer, and kiln that is used to process refractory products that use organic HAP; each new or existing coking oven and defumer that is used to produce pitch-impregnated refractory products; each new shape preheater that is used to produce pitch-impregnated refractory products; AND each new or existing process unit that is exhausted to a thermal or catalytic oxidizer that also controls emissions from an affected shape preheater or pitch working tanka. Conduct performance tests(1) Conduct the performance test while the source is operating at the maximum organic HAP processing rate, as defined in § 63.9824, reasonably expected to occur; and

(2) Repeat the performance test before starting production of any product for which the organic HAP processing rate is likely to exceed the maximum organic HAP processing rate established during the most recent performance test by more than 10 percent, as specified in § 63.9798(c); and

(3) Repeat the performance test on any affected uncontrolled kiln following process changes (e.g., shorter curing oven cycle time) that could increase organic HAP emissions from the affected kiln, as specified in § 63.9798(d).
b. Satisfy the applicable requirements listed in items 3 through 13 of this table
3. Each affected continuous process unita. Perform a minimum of 3 test runsThe appropriate test methods specified in items 1, 4, and 5 of this tableEach test run must be at least 1 hour in duration.
b. Establish the operating limit for the maximum organic HAP processing ratei. Method 311 of 40 CFR part 63, appendix A, OR material safety data sheets (MSDS), OR product labels to determine the mass fraction of organic HAP in each resin, binder, or additive; and(1) Calculate and record the organic HAP content of all refractory shapes that are processed during the performance test, based on the mass fraction of organic HAP in the resins, binders, or additives; the mass fraction of each resin, binder, or additive, in the product; and the process feed rate; and
ii. Product formulation data that specify the mass fraction of each resin, binder, and additive in the products that are processed during the performance test; and(2) Calculate and record the organic HAP processing rate (pounds per hour) for each test run; and
iii. Process feed rate data (tons per hour)(3) Calculate and record the maximum organic HAP processing rate as the average of the organic HAP processing rates for the three test runs.
c. Record the operating temperature of the affected sourceProcess dataDuring each test run and at least once per hour, record the operating temperature in the highest temperature zone of the affected source.
4. Each continuous process unit that is subject to the THC emission limit listed in item 2.a., 3.a., 4, or 5 of Table 1 to this subparta. Measure THC concentrations at the outlet of the control device or in the stacki. Method 25A of 40 CFR part 60, appendix A-7(1) Each minute, measure and record the concentrations of THC in the exhaust stream; and

(2) Provide at least 50 1-minute measurements for each valid hourly average THC concentration.
b. Measure oxygen concentrations at the outlet of the control device or in the stacki. Method 3A of 40 CFR part 60, appendix A-2(1) Each minute, measure and record the concentrations of oxygen in the exhaust stream; and

(2) Provide at least 50 1-minute measurements for each valid hourly average THC concentration.
c. Determine the hourly average THC concentration, corrected to 18 percent oxygeni. Equation 1 of § 63.9800(g)(1); and

ii. The 1-minute THC and oxygen concentration data
(1) Calculate the hourly average THC concentration for each hour of the performance test as the average of the 1-minute THC measurements; and

(2) Calculate the hourly average oxygen concentration for each hour of the performance test as the average of the 1-minute oxygen measurements; and
(3) Correct the hourly average THC concentrations to 18 percent oxygen using Equation 1 of § 63.9800(g)(1).
d. Determine the 3-hour block average THC emission concentration, corrected to 18 percent oxygenThe hourly average concentration of THC, corrected to 18 percent oxygen, for each test runCalculate the 3-hour block average THC emission concentration, corrected to 18 percent oxygen, as the average of the hourly average THC emission concentrations, corrected to 18 percent oxygen.
5. Each continuous process unit that is subject to the THC percentage reduction limit listed in item 2.b. or 3.b. of Table 1 to this subparta. Measure THC concentrations at the inlet and outlet of the control devicei. Method 25A of 40 CFR part 60, appendix A-7(1) Each minute, measure and record the concentrations of THC at the inlet and outlet of the control device; and

(2) Provide at least 50 1-minute measurements for each valid hourly average THC concentration at the control device inlet and outlet.
b. Determine the hourly THC mass emissions rates at the inlet and outlet of the control devicei. The 1-minute THC concentration data at the control device inlet and outlet; and

ii. The volumetric flow rates at the control device inlet and outlet
Calculate the hourly THC mass emissions rates at the control device inlet and outlet for each hour of the performance test.
c. Determine the 3-hour block average THC percentage reductioni. The hourly THC mass emissions rates at the inlet and outlet of the control device(1) Calculate the hourly THC percentage reduction for each hour of the performance test using Equation 2 of § 63.9800(g)(1); and

(2) Calculate the 3-hour block average THC percentage reduction.
6. Each continuous process unit that is equipped with a thermal oxidizera. Establish the operating limit for the minimum allowable thermal oxidizer combustion chamber temperaturei. Continuous recording of the output of the combustion chamber temperature measurement device(1) At least every 15 minutes, measure and record the thermal oxidizer combustion chamber temperature; and

(2) Provide at least one measurement during at least three 15-minute periods per hour of testing; and

(3) Calculate the hourly average thermal oxidizer combustion chamber temperature for each hour of the performance test; and
(4) Calculate the minimum allowable combustion chamber temperature as the average of the combustion chamber temperatures for the three test runs, minus 14 °C (25 °F).
7. Each continuous process unit that is equipped with a catalytic oxidizera. Establish the operating limit for the minimum allowable temperature at the inlet of the catalyst bedi. Continuous recording of the output of the temperature measurement device(1) At least every 15 minutes, measure and record the temperature at the inlet of the catalyst bed; and

(2) Provide at least one catalyst bed inlet temperature measurement during at least three 15-minute periods per hour of testing; and

(3) Calculate the hourly average catalyst bed inlet temperature for each hour of the performance test; and
(4) Calculate the minimum allowable catalyst bed inlet temperature as the average of the catalyst bed inlet temperatures for the three test runs, minus 14 °C (25 °F).
8. Each affected batch process unita. Perform a minimum of two test runsi. The appropriate test methods specified in items 1, 9, and 10 of this table(1) Each test run must be conducted over a separate batch cycle unless you satisfy the requirements of § 63.9800(f)(3) and (4); and
(2) Each test run must begin with the start of a batch cycle, except as specified in item 8.a.i.4. of this table; and
(3) Each test run must continue until the end of the batch cycle, except as specified in items 8.a.i.4. and 8.a.i.5. of this table; and
(4) If you develop an emissions profile, as described in § 63.9802(a), AND for sources equipped with a thermal or catalytic oxidizer, you do not reduce the oxidizer operating temperature, as specified in item 13 of this table, you can limit each test run to the 3-hour peak THC emissions period; and
(5) If you do not develop an emissions profile, a test run can be stopped, and the results of that run considered complete, if you measure emissions continuously until at least 3 hours after the affected process unit has reached maximum temperature, AND the hourly average THC mass emissions rate has not increased during the 3-hour period since maximum process temperature was reached, and the hourly average concentrations of THC at the inlet of the control device have not exceeded 20 ppmvd, corrected to 18 percent oxygen, during the 3-hour period since maximum process temperature was reached or the hourly average THC percentage reduction has been at least 95 percent during the 3-hour period since maximum process temperature was reached, AND, for sources equipped with a thermal or catalytic oxidizer, at least 1 hour has passed since any reduction in the operating temperature of the oxidizer, as specified in item 13 of this table.
b. Establish the operating limit for the maximum organic HAP processing ratei. Method 311 of 40 CFR part 63, appendix A, OR MSDS, OR product labels to determine the mass fraction of organic HAP in each resin, binder, or additive; and(1) Calculate and record the organic HAP content of all refractory shapes that are processed during the performance test, based on the mass fraction of HAP in the resins, binders, or additives; the mass fraction of each resin, binder, or additive, in the product, and the batch weight prior to processing; and
ii. Product formulation data that specify the mass fraction of each resin, binder, and additive in the products that are processed during the performance test; and

iii. Batch weight (tons)
(2) Calculate and record the organic HAP processing rate (pounds per batch) for each test run; and

(3) Calculate and record the maximum organic HAP processing rate as the average of the organic HAP processing rates for the two test runs.
c. Record the batch cycle timeProcess dataRecord the total elapsed time from the start to the completion of the batch cycle.
d. Record the operating temperature of the affected sourceProcess dataRecord the operating temperature of the affected source at least once every hour from the start to the completion of the batch cycle.
9. Each batch process unit that is subject to the THC emission limit listed in item 6.a., 7.a., 8, or 9 of Table 1 to this subparta. Measure THC concentrations at the outlet of the control device or in the stacki. Method 25A of 40 CFR part 60, appendix A-7(1) Each minute, measure and record the concentrations of THC in the exhaust stream; and

(2) Provide at least 50 1-minute measurements for each valid hourly average THC concentration.
b. Measure oxygen concentrations at the outlet of the control device or in the stacki. Method 3A of 40 CFR part 60, appendix A-2(1) Each minute, measure and record the concentrations of oxygen in the exhaust stream; and

(2) Provide at least 50 1-minute measurements for each valid hourly average oxygen concentration.
c. Determine the hourly average THC concentration, corrected to 18 percent oxygeni. Equation 1 of § 63.9800(g)(1); and

ii. The 1-minute THC and oxygen concentration data
(1) Calculate the hourly average THC concentration for each hour of the performance test as the average of the 1-minute THC measurements; and

(2) Calculate the hourly average oxygen concentration for each hour of the performance test as the average of the 1-minute oxygen measurements; and

(3) Correct the hourly average THC concentrations to 18 percent oxygen using Equation 1 of § 63.9800(g)(1).
d. Determine the 3-hour peak THC emissions period for each test runThe hourly average THC concentrations, corrected to 18 percent oxygenSelect the period of 3 consecutive hours over which the sum of the hourly average THC concentrations, corrected to 18 percent oxygen, is greater than the sum of the hourly average THC emission concentrations, corrected to 18 percent oxygen, for any other period of 3 consecutive hours during the test run.
e. Determine the average THC concentration, corrected to 18 percent oxygen, for each test runThe hourly average THC emission concentrations, corrected to 18 percent oxygen, for the 3-hour peak THC emissions periodCalculate the average of the hourly average THC concentrations, corrected to 18 percent oxygen, for the 3 hours of the peak emissions period for each test run.
f. Determine the 2-run block average THC concentration, corrected to 18 percent oxygen, for the emission testThe average THC concentration, corrected to 18 percent oxygen, for each test runCalculate the average of the average THC concentrations, corrected to 18 percent oxygen, for each run.
10. Each batch process unit that is subject to the THC percentage reduction limit listed in item 6.b. or 7.b. of Table 1 to this subparta. Measure THC concentrations at the inlet and outlet of the control devicei. Method 25A of 40 CFR part 60, appendix A-7(1) Each minute, measure and record the concentrations of THC at the control device inlet and outlet; and

(2) Provide at least 50 1-minute measurements for each valid hourly average THC concentration at the control device inlet and outlet.
b. Determine the hourly THC mass emissions rates at the control device inlet and outleti. The 1-minute THC concentration data at the control device inlet and outlet; and

ii. The volumetric flow rates at the control device inlet and outlet
(1) Calculate the hourly mass emissions rates at the control device inlet and outlet for each hour of the performance test.
c. Determine the 3-hour peak THC emissions period for each test runThe hourly THC mass emissions rates at the control device inletSelect the period of 3 consecutive hours over which the sum of the hourly THC mass emissions rates at the control device inlet is greater than the sum of the hourly THC mass emissions rates at the control device inlet for any other period of 3 consecutive hours during the test run.
d. Determine the average THC percentage reduction for each test runi. Equation 2 of § 63.9800(g)(2); and

ii. The hourly THC mass emissions rates at the control device inlet and outlet for the 3-hour peak THC emissions period
Calculate the average THC percentage reduction for each test run using Equation 2 of § 63.9800(g)(2).
e. Determine the 2-run block average THC percentage reduction for the emission testThe average THC percentage reduction for each test runCalculate the average of the average THC percentage reductions for each test run.
11. Each batch process unit that is equipped with a thermal oxidizera. Establish the operating limit for the minimum thermal oxidizer combustion chamber temperaturei. Continuous recording of the output of the combustion chamber temperature measurement device(1) At least every 15 minutes, measure and record the thermal oxidizer combustion chamber temperature; and

(2) Provide at least one temperature measurement during at least three 15-minute periods per hour of testing; and

(3) Calculate the hourly average combustion chamber temperature for each hour of the 3-hour peak emissions period, as defined in item 9.d. or 10.c. of this table, whichever applies; and
(4) Calculate the minimum allowable thermal oxidizer combustion chamber operating temperature as the average of the hourly combustion chamber temperatures for the 3-hour peak emissions period, minus 14 °C (25 °F).
12. Each batch process unit that is equipped with a catalytic oxidizera. Establish the operating limit for the minimum temperature at the inlet of the catalyst bedi. Continuous recording of the output of the temperature measurement device(1) At least every 15 minutes, measure and record the temperature at the inlet of the catalyst bed; and

(2) Provide at least one catalyst bed inlet temperature measurement during at least three 15-minute periods per hour of testing; and

(3) Calculate the hourly average catalyst bed inlet temperature for each hour of the 3-hour peak emissions period, as defined in item 9.d. or 10.c. of this table, whichever applies; and
(4) Calculate the minimum allowable catalytic oxidizer catalyst bed inlet temperature as the average of the hourly catalyst bed inlet temperatures for the 3-hour peak emissions period, minus 14 °C (25 °F).
13. Each batch process unit that is equipped with a thermal or catalytic oxidizera. During each test run, maintain the applicable operating temperature of the oxidizer until emission levels allow the oxidizer to be shut off or the operating temperature of the oxidizer to be reduced(1) The oxidizer can be shut off or the oxidizer operating temperature can be reduced if you do not use an emission profile to limit testing to the 3-hour peak emissions period, as specified in item 8.a.i.4. of this table; and

(2) At least 3 hours have passed since the affected process unit reached maximum temperature; and

(3) The applicable emission limit specified in item 6.a. or 6.b. of Table 1 to this subpart was met during each of the previous three 1-hour periods; and

(4) The hourly average THC mass emissions rate did not increase during the 3-hour period since maximum process temperature was reached; and

(5) The applicable emission limit specified in item 6.a. and 6.b. of Table 1 to this subpart was met during each of the four 15-minute periods immediately following the oxidizer temperature reduction; and
(6) If the applicable emission limit specified in item 6.a. or 6.b. of Table 1 to this subpart was not met during any of the four 15-minute periods immediately following the oxidizer temperature reduction, you must return the oxidizer to its normal operating temperature as soon as possible and maintain that temperature for at least 1 hour; and
(7) Continue the test run until the applicable emission limit specified in items 6.a. and 6.b. of Table 1 to this subpart is met for at least four consecutive 15-minute periods that immediately follow the temperature reduction; and
(8) Calculate the hourly average oxidizer operating temperature for each hour of the performance test since the affected process unit reached maximum temperature.
14. Each new continuous kiln that is used to process clay refractory productsa. Measure emissions of HF and HCli. Method 26A of 40 CFR part 60, appendix A-8; or

ii. Method 26 of 40 CFR part 60, appendix A-8; or

iii. Method 320 of 40 CFR part 63, appendix A
(1) Conduct the test while the kiln is operating at the maximum production level; and

(2) You may use EPA Method 26 of 40 CFR part 60, appendix A-8, only if no acid PM (e.g., HF or HCl dissolved in water droplets emitted by sources controlled by a wet scrubber) is present; and
(3) If you use EPA Method 320 of 40 CFR part 63, appendix A, you must follow the analyte spiking procedures of Section 13 of EPA Method 320 unless you can demonstrate that the complete spiking procedure has been conducted at a similar source. ASTM D6348-12e1
a may be used as an alternative to EPA 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 and is equal or greater than 70 percent and less than or equal to 130 percent; and
(4) Repeat the performance test if the affected source is controlled with a DLA and you change the source of the limestone used in the DLA.
b. Perform a minimum of 3 test runsThe appropriate test methods specified in items 1 and 14.a. of this tableEach test run must be at least 1 hour in duration.
15. Each new continuous kiln that is subject to the production-based HF and HCl emission limits specified in items 10.a. and 10.b. of Table 1 to this subparta. Record the uncalcined clay processing ratei. Production data; and

ii. Product formulation data that specify the mass fraction of uncalcined clay in the products that are processed during the performance test
(1) Record the production rate (tons per hour of fired product); and

(2) Calculate and record the average rate at which uncalcined clay is processed (tons per hour) for each test run; and

(3) Calculate and record the 3-run average uncalcined clay processing rate as the average of the average uncalcined clay processing rates for each test run.
b. Determine the HF mass emissions rate at the outlet of the control device or in the stacki. Method 26A of 40 CFR part 60, appendix A-8; or

ii. Method 26 of 40 CFR part 60, appendix A-8; or

iii. Method 320 of 40 CFR part 63, appendix A
Calculate the HF mass emissions rate for each test.

ASTM D6348-12e1
a may be used as an alternative to EPA 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 and is equal or greater than 70 percent and less than or equal to 130 percent.
c. Determine the 3-hour block average production-based HF emissions ratei. The HF mass emissions rate for each test run; and

ii. The average uncalcined clay processing rate
(1) Calculate the hourly production-based HF emissions rate for each test run using Equation 3 of § 63.9800(g)(3); and

(2) Calculate the 3-hour block average production-based HF emissions rate as the average of the hourly production-based HF emissions rates for each test run.
d. Determine the HCl mass emissions rate at the outlet of the control device or in the stacki. Method 26A of 40 CFR part 60, appendix A-8; or

ii. Method 26 of 40 CFR part 60, appendix A-8; or

iii. Method 320 of 40 CFR part 63, appendix A
Calculate the HCl mass emissions rate for each test run.

ASTM D6348-12e1
a may be used as an alternative to EPA 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 and is equal or greater than 70 percent and less than or equal to 130 percent.
e. Determine the 3-hour block average production-based HCl emissions ratei. The HCl mass emissions rate for each test run; and

ii. The average uncalcined clay processing rate
(1) Calculate the hourly production-based HCl emissions rate for each test run using Equation 3 of § 63.9800(g)(3); and

(2) Calculate the 3-hour block average production-based HCl emissions rate as the average of the production-based HCl emissions rates for each test run.
16. Each new continuous kiln that is subject to the HF and HCl percentage reduction limits specified in items 10.a. and 10.b. of Table 1 to this subparta. Measure the HF mass emissions rates at the inlet and outlet of the control devicei. Method 26A of 40 CFR part 60, appendix A-8; or

ii. Method 26 of 40 CFR part 60, appendix A-8; or

iii. Method 320 of 40 CFR part 63, appendix A
Calculate the HF mass emissions rates at the control device inlet and outlet for each test run.

ASTM D6348-12e1
a may be used as an alternative to EPA 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 and is equal or greater than 70 percent and less than or equal to 130 percent.
b. Determine the 3-hour block average HF percentage reductioni. The HF mass emissions rates at the inlet and outlet of the control device for each test run(1) Calculate the hourly HF percentage reduction using Equation 2 of § 63.9800(g)(2); and

(2) Calculate the 3-hour block average HF percentage reduction as the average of the HF percentage reductions for each test run.
c. Measure the HCl mass emissions rates at the inlet and outlet of the control devicei. Method 26A of 40 CFR part 60, appendix A-8; or

ii. Method 26 of 40 CFR part 60, appendix A-8; or

iii. Method 320 of 40 CFR part 63, appendix A
Calculate the HCl mass emissions rates at the control device inlet and outlet for each test run.

ASTM D6348-12e1
a may be used as an alternative to EPA 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 and is equal or greater than 70 percent and less than or equal to 130 percent.
d. Determine the 3-hour block average HCl percentage reduction.i. The HCl mass emissions rates at the inlet and outlet of the control device for each test run(1) Calculate the hourly HCl percentage reduction using Equation 2 of § 63.9800(g)(2); and

(2) Calculate the 3-hour block average HCl percentage reduction as the average of HCl percentage reductions for each test run.
17. Each new batch process kiln that is used to process clay refractory productsa. Measure emissions of HF and HCl at the inlet and outlet of the control devicei. Method 26A of 40 CFR part 60, appendix A-8; or

ii. Method 26 of 40 CFR part 60, appendix A-8; or

iii. Method 320 of 40 CFR part 63, appendix A
(1) Conduct the test while the kiln is operating at the maximum production level; and

(2) You may use EPA Method 26 of 40 CFR part 60, appendix A, only if no acid PM (e.g., HF or HCl dissolved in water droplets emitted by sources controlled by a wet scrubber) is present; and

(3) If you use EPA Method 320 of 40 CFR part 63, you must follow the analyte spiking procedures of Section 13 of EPA Method 320 unless you can demonstrate that the complete spiking procedure has been conducted at a similar source

ASTM D6348-12e1
a may be used as an alternative to EPA 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 and is equal or greater than 70 percent and less than or equal to 130 percent.; and
(4) Repeat the performance test if the affected source is controlled with a DLA and you change the source of the limestone used in the DLA.
b. Perform a minimum of 2 test runsi. The appropriate test methods specified in items 1 and 17.a. of this table(1) Each test run must be conducted over a separate batch cycle unless you satisfy the requirements of § 63.9800(f)(3) and (4); and
(2) Each test run must consist of a series of 1-hour runs at the inlet and outlet of the control device, beginning with the start of a batch cycle, except as specified in item 17.b.i.4. of this table; and
(3) Each test run must continue until the end of the batch cycle, except as specified in item 17.b.i.4. of this table; and
(4) If you develop an emissions profile, as described in § 63.9802(b), you can limit each test run to the 3-hour peak HF emissions period.
c. Determine the hourly HF and HCl mass emissions rates at the inlet and outlet of the control devicei. The appropriate test methods specified in items 1 and 17.a. of this tableDetermine the hourly mass HF and HCl emissions rates at the inlet and outlet of the control device for each hour of each test run.
d. Determine the 3-hour peak HF emissions periodThe hourly HF mass emissions rates at the inlet of the control deviceSelect the period of 3 consecutive hours over which the sum of the hourly HF mass emissions rates at the control device inlet is greater than the sum of the hourly HF mass emissions rates at the control device inlet for any other period of 3 consecutive hours during the test run.
e. Determine the 2-run block average HF percentage reduction for the emissions testi. The hourly average HF emissions rates at the inlet and outlet of the control device(1) Calculate the HF percentage reduction for each hour of the 3-hour peak HF emissions period using Equation 2 of § 63.9800(g)(2); and

(2) Calculate the average HF percentage reduction for each test run as the average of the hourly HF percentage reductions for the 3-hour peak HF emissions period for that run; and
(3) Calculate the 2-run block average HF percentage reduction for the emission test as the average of the average HF percentage reductions for the two test runs.
f. Determine the 2-run block average HCl percentage reduction for the emission testi. The hourly average HCl emissions rates at the inlet and outlet of the control device(1) Calculate the HCl percentage reduction for each hour of the 3-hour peak HF emissions period using Equation 2 § 63.9800(g)(2); and

(2) Calculate the average HCl percentage reduction for each test run as the average of the hourly HCl percentage reductions for the 3-hour peak HF emissions period for that run; and
(3) Calculate the 2-run block average HCl percentage reduction for the emission test as the average of the average HCl percentage reductions for the two test runs.
18. Each new kiln that is used to process clay refractory products and is equipped with a DLAa. Establish the operating limit for the minimum pressure drop across the DLAData from the pressure drop measurement device during the performance test(1) At least every 15 minutes, measure the pressure drop across the DLA; and

(2) Provide at least one pressure drop measurement during at least three 15-minute periods per hour of testing; and

(3) Calculate the hourly average pressure drop across the DLA for each hour of the performance test; and
(4) Calculate and record the minimum pressure drop as the average of the hourly average pressure drops across the DLA for the two or three test runs, whichever applies.
b. Establish the operating limit for the limestone feeder settingData from the limestone feeder during the performance test(1) Ensure that limestone in the feed hopper, silo, and DLA is free-flowing at all times during the performance test; and

(2) Establish the limestone feeder setting 1 week prior to the performance test; and
(3) Record and maintain the feeder setting for the 1-week period that precedes the performance test and during the performance test.
19. Each new kiln that is used to process clay refractory products and is equipped with a DIFF or DLS/FFa. Document conformance with specifications and requirements of the bag leak detection systemData from the installation and calibration of the bag leak detection systemSubmit analyses and supporting documentation demonstrating conformance with EPA guidance and specifications for bag leak detection systems as part of the Notification of Compliance Status.
b. Establish the operating limit for the lime feeder settingi. Data from the lime feeder during the performance test(1) For continuous lime injection systems, ensure that lime in the feed hopper or silo is free-flowing at all times during the performance test; and

(2) Record the feeder setting for the three test runs; and

(3) If the feed rate setting varies during the three test runs, calculate and record the average feed rate for the two or three test runs, whichever applies.
20. Each new kiln that is used to process clay refractory products and is equipped with a wet scrubbera. Establish the operating limit for the minimum scrubber pressure dropi. Data from the pressure drop measurement device during the performance test(1) At least every 15 minutes, measure the pressure drop across the scrubber; and

(2) Provide at least one pressure drop measurement during at least three 15-minute periods per hour of testing; and

(3) Calculate the hourly average pressure drop across the scrubber for each hour of the performance test; and
(4) Calculate and record the minimum pressure drop as the average of the hourly average pressure drops across the scrubber for the two or three test runs, whichever applies.
b. Establish the operating limit for the minimum scrubber liquid pHi. Data from the pH measurement device during the performance test(1) At least every 15 minutes, measure scrubber liquid pH; and

(2) Provide at least one pH measurement during at least three 15-minute periods per hour of testing; and
(3) Calculate the hourly average pH values for each hour of the performance test; and
(4) Calculate and record the minimum liquid pH as the average of the hourly average pH measurements for the two or three test runs, whichever applies.
c. Establish the operating limit for the minimum scrubber liquid flow ratei. Data from the flow rate measurement device during the performance test(1) At least every 15 minutes, measure the scrubber liquid flow rate; and

(2) Provide at least one flow rate measurement during at least three 15-minute periods per hour of testing; and

(3) Calculate the hourly average liquid flow rate for each hour of the performance test; and
(4) Calculate and record the minimum liquid flow rate as the average of the hourly average liquid flow rates for the two or three test runs, whichever applies.
d. If chemicals are added to the scrubber liquid, establish the operating limit for the minimum scrubber chemical feed ratei. Data from the chemical feed rate measurement device during the performance test(1) At least every 15 minutes, measure the scrubber chemical feed rate; and

(2) Provide at least one chemical feed rate measurement during at least three 15-minute periods per hour of testing; and

(3) Calculate the hourly average chemical feed rate for each hour of the performance test; and
(4) Calculate and record the minimum chemical feed rate as the average of the hourly average chemical feed rates for the two or three test runs, whichever applies.
21. Each new and existing kiln that is used to process clay refractory products that is subject to the PM limits specified in items 10.c. 11.c, 12.a, and 13.a of Table 1 to this subpartMeasure PM emissionsMethod 5 of 40 CFR part 60, appendix A-3
22. Each new and existing kiln that is used to process clay refractory products that is subject to the Hg limits specified in items 10.d. 11.d, 12.b, and 13.b of Table 1 to this subpartMeasure Hg emissionsMethod 29 of 40 CFR part 60, appendix A-8ASTM D6784-16
a may be used as an alternative to EPA Method 29 (portion for Hg only).
23. Each new and existing kiln that is used to process clay refractory products and is equipped with an activated carbon injection systemEstablish the operating limit for the average carbon flow rateData from the carbon flow rate measurement conducted during the Hg performance testYou must measure the carbon flow rate during each test run, determine and record 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.
24. Each existing kiln that is used to process clay refractory products and is equipped with a FF and a bag leak detection systemDocument conformance with specifications and requirements of the bag leak detection systemData from the installation and calibration of the bag leak detection systemSubmit analyses and supporting documentation demonstrating conformance with EPA guidance and specifications for bag leak detection systems as part of the Notification of Compliance Status.
25. Each existing kiln that is used to process clay refractory products and is equipped with a wet scrubbera. Establish the operating limit for the minimum scrubber pressure dropi. Data from the pressure drop measurement device during the performance test(1) At least every 15 minutes, measure the pressure drop across the scrubber; and

(2) Provide at least one pressure drop measurement during at least three 15-minute periods per hour of testing; and

(3) Calculate the hourly average pressure drop across the scrubber for each hour of the performance test; and
(4) Calculate and record the minimum pressure drop as the average of the hourly average pressure drops across the scrubber for the two or three test runs, whichever applies.
b. Establish the operating limit for the minimum scrubber liquid flow ratei. Data from the flow rate measurement device during the performance test(1) At least every 15 minutes, measure the scrubber liquid flow rate; and

(2) Provide at least one flow rate measurement during at least three 15-minute periods per hour of testing; and
(3) Calculate the hourly average liquid flow rate for each hour of the performance test; and
(4) Calculate and record the minimum liquid flow rate as the average of the hourly average liquid flow rates for the two or three test runs, whichever applies.


a Incorporated by reference, see § 63.14.


[86 FR 66073, Nov. 19, 2021]


Table 5 to Subpart SSSSS of Part 63 – Initial Compliance With Emission Limits

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


For . . .
For the following emission limit . . .
You have demonstrated compliance if . . .
1. Each affected source listed in Table 1 to this subparta. Each applicable emission limit listed in Table 1 to this subparti. Emissions measured using the test methods specified in Table 4 to this subpart satisfy the applicable emission limits specified in Table 1 to this subpart; and
ii. You establish and have a record of the operating limits listed in Table 2 to this subpart over the performance test period; and
iii. You report the results of the performance test in the Notification of Compliance Status, as specified by § 63.9812(e)(1) and (2).
2. Each new or existing curing oven, shape dryer, and kiln that is used to process refractory products that use organic HAP; each new or existing coking oven and defumer that is used to produce pitch-impregnated refractory products; each new shape preheater that is used to produce pitch-impregnated refractory products; AND each new or existing process unit that is exhausted to a thermal or catalytic oxidizer that also controls emissions from an affected shape preheater or pitch working tankAs specified in items 3 through 8 of this tableYou have satisfied the applicable requirements specified in items 3 through 8 of this table.
3. Each affected continuous process unit that is subject to the THC emission concentration limit listed in item 2.a., 3.a., 4, or 5 of Table 1 to this subpartThe average THC concentration must not exceed 20 ppmvd, corrected to 18 percent oxygenThe 3-hour block average THC emission concentration measured during the performance test using EPA Methods 25A and 3A is equal to or less than 20 ppmvd, corrected to 18 percent oxygen.
4. Each affected continuous process unit that is subject to the THC percentage reduction limit listed in item 2.b. or 3.b. of Table 1 to this subpartThe average THC percentage reduction must equal or exceed 95 percentThe 3-hour block average THC percentage reduction measured during the performance test using EPA Method 25A is equal to or greater than 95 percent.
5. Each affected batch process unit that is subject to the THC emission concentration limit listed in item 6.a., 7.a., 8, or 9 of Table 1 to this subpartThe average THC concentration must not exceed 20 ppmvd, corrected to 18 percent oxygenThe 2-run block average THC emission concentration for the 3-hour peak emissions period measured during the performance test using EPA Methods 25A and 3A is equal to or less than 20 ppmvd, corrected to 18 percent oxygen.
6. Each affected batch process unit that is subject to the THC percentage reduction limit listed in item 6.b. or 7.b. of Table 1 to this subpartThe average THC percentage reduction must equal or exceed 95 percentThe 2-run block average THC percentage reduction for the 3-hour peak emissions period measured during the performance test using EPA Method 25A is equal to or exceeds 95 percent.
7. Each affected continuous or batch process unit that is equipped with a control device other than a thermal or catalytic oxidizer and is subject to the emission limit listed in item 3 or 7 of Table 1 to this subparta. The average THC concentration must not exceed 20 ppmvd, corrected to 18 percent oxygen; or

b. The average THC percentage reduction must equal or exceed 95 percent
i. You have installed a THC CEMS at the outlet of the control device or in the stack of the affected source; and

ii. You have satisfied the requirements of PS-8 of 40 CFR part 60, appendix B.
8. Each affected continuous or batch process unit that uses process changes to reduce organic HAP emissions and is subject to the emission limit listed in item 4 or 8 of Table 1 to this subpartThe average THC concentration must not exceed 20 ppmvd, corrected to 18 percent oxygeni. You have installed a THC CEMS at the outlet of the control device or in the stack of the affected source; and

ii. You have satisfied the requirements of PS-8 of 40 CFR part 60, appendix B.
9. Each new continuous kiln that is used to process clay refractory productsa. The average HF emissions must not exceed 0.019 kg/Mg (0.038 lb/ton) of uncalcined clay processed; OR the average uncontrolled HF emissions must be reduced by at least 90 percenti. The 3-hour block average production-based HF emissions rate measured during the performance test using one of the methods specified in item 14.a.i. of Table 4 to this subpart is equal to or less than 0.019 kg/Mg (0.038 lb/ton) of uncalcined clay processed; or

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

ii. The 3-hour block average HCl emissions reduction measured during the performance test is equal to or greater than 30 percent.
c. The average PM emissions must not exceed 1.4 kg/Mg (3.1 lb/hr)i. The 3-hour block average PM emissions measured during the performance test using one of the methods specified in item 21 of Table 4 to this subpart is equal to or less than 1.4 kg/Mg (3.1 lb/hr).
d. The average Hg emissions must not exceed 6.1 µg/dscm at 18 percent oxygeni. The 3-hour block average Hg emissions measured during the performance test using one of the methods specified in item 22 of Table 4 to this subpart is equal to or less than 6.1 µg/dscm at 18 percent oxygen.
10. Each new batch process kiln that is used to process clay refractory productsa. The average uncontrolled HF emissions must be reduced by at least 90 percentThe 2-run block average HF emission reduction measured during the performance test is equal to or greater than 90 percent.
b. The average uncontrolled HCl emissions must be reduced by at least 30 percentThe 2-run block average HCl emissions reduction measured during the performance test is equal to or greater than 30 percent.
c. The average PM emissions must not exceed 1.4 kg/Mg (3.1 lb/hr)i. The 2-run block average PM emissions measured during the performance test using one of the methods specified in item 21 of Table 4 to this subpart is equal to or less than 1.4 kg/Mg (3.1 lb/hr).
d. The average Hg emissions must not exceed 6.1 µg/dscm at 18 percent oxygeni. The 2-run block average Hg emissions measured during the performance test using one of the methods specified in item 22 of Table 4 to this subpart is equal to or less than 6.1 µg/dscm at 18 percent oxygen.
11. Each existing continuous kiln that is used to produce clay refractory products on and after November 20, 2022a. The average PM emissions must not exceed 4.3 kg/Mg (9.5 lb/hr)i. The 3-hour block average PM emissions measured during the performance test using one of the methods specified in item 21 of Table 4 to this subpart is equal to or less than 4.3 kg/Mg (9.5 lb/hr).
b. The average Hg emissions must not exceed 18 µg/dscm at 18 percent oxygeni. The 3-hour block average Hg emissions measured during the performance test using one of the methods specified in item 22 of Table 4 to this subpart is equal to or less than 18 µg/dscm at 18 percent oxygen.
12. Each existing batch kiln that is used to produce clay refractory products on and after November 20, 2022a. The average PM emissions must not exceed 4.3 kg/Mg (9.5 lb/hr)i. The 2-run block average PM emissions measured during the performance test using one of the methods specified in item 21 of Table 4 to this subpart is equal to or less than 4.3 kg/Mg (9.5 lb/hr).
b. The average Hg emissions must not exceed 18 µg/dscm at 18 percent oxygeni. The 2-run block average Hg emissions measured during the performance test using one of the methods specified in item 22 of Table 4 to this subpart is equal to or less than 18 µg/dscm at 18 percent oxygen.

[86 FR 66082, Nov. 19, 2021]


Table 6 to Subpart SSSSS of Part 63 – Initial Compliance With Work Practice Standards

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


For each . . .
For the following standard . . .
You have demonstrated initial compliance if . . .
1. Each affected source listed in Table 3 to this subparta. Each applicable work practice standard listed in Table 3 to this subparti. You have selected a method for performing each of the applicable work practice standards listed in Table 3 to this subpart; and
ii. You have included in your Initial Notification a description of the method selected for complying with each applicable work practice standard, as required by § 63.9(b); and
iii. You submit a signed statement with the Notification of Compliance Status that you have implemented the applicable work practice standard listed in Table 3 to this subpart; and
iv. You have described in your OM&M plan the method for complying with each applicable work practice standard specified in Table 3 to this subpart.
2. Each basket or container that is used for holding fired refractory shapes in an existing shape preheater and autoclave during the pitch impregnation processa. Control POM emissions from any affected shape preheateri. You have implemented at least one of the work practice standards listed in item 1 of Table 3 to this subpart; and

ii. You have established a system for recording the date and cleaning method for each time you clean an affected basket or container.
3. Each affected new or existing pitch working tankControl POM emissionsYou have captured and vented emissions from the affected pitch working tank to the device that is used to control emissions from an affected defumer or coking oven, or to a thermal or catalytic oxidizer that is comparable to the control device used on an affected defumer or coking oven.
4. Each new or existing chromium refractory products kilnMinimize fuel-based HAP emissionsYou use natural gas, or equivalent, as the kiln fuel.
5. Each existing clay refractory products kilnMinimize fuel-based HAP emissionsYou use natural gas, or equivalent, as the kiln fuel.
6. Each new or existing curing oven, shape dryer, and kiln that is used to process refractory products that use organic HAP, on and after November 19, 2021Minimize fuel-based HAP emissionsYou use natural gas, or equivalent, as the kiln fuel.

[86 FR 66084, Nov. 19, 2021]


Table 7 to Subpart SSSSS of Part 63 – Continuous Compliance with Emission Limits

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


For . . .
For the following emission limit . . .
You must demonstrate continuous compliance by . . .
1. Each affected source listed in Table 1 to this subparta. Each applicable emission limit listed in Table 1 to this subparti. Collecting and recording the monitoring and process data listed in Table 2 (operating limits) to this subpart; and
ii. Reducing the monitoring and process data associated with the operating limits specified in Table 2 to this subpart; and
iii. Recording the results of any control device inspections; and
iv. Reporting, in accordance with § 63.9814(e), any deviation from the applicable operating limits specified in Table 2 to this subpart.
2. Each new or existing curing oven, shape dryer, and kiln that is used to process refractory products that use organic HAP; each new or existing coking oven and defumer that is used to produce pitch-impregnated refractory products; each new shape preheater that is used to produce pitch-impregnated refractory products; AND each new or existing process unit that is exhausted to a thermal or catalytic oxidizer that also controls emissions from an affected shape preheater or pitch working tankAs specified in items 3 through 7 of this tableSatisfying the applicable requirements specified in items 3 through 7 of this table.
3. Each affected process unit that is equipped with a thermal or catalytic oxidizera. The average THC concentration must not exceed 20 ppmvd, corrected to 18 percent oxygen; OR the average THC percentage reduction must equal or exceed 95 percenti. Collecting the applicable data measured by the control device temperature monitoring system, as specified in items 5, 6, 8, and 9 of Table 8 to this subpart; and

ii. Reducing the applicable data measured by the control device temperature monitoring system, as specified in items 5, 6, 8, and 9 of Table 8 to this subpart; and
iii. Maintaining the average control device operating temperature for the applicable averaging period specified in items 5, 6, 8, and 9 of Table 2 to this subpart at or above the minimum allowable operating temperature established during the most recent performance test.
4. Each affected process unit that is equipped with a control device other than a thermal or catalytic oxidizerThe average THC concentration must not exceed 20 ppmvd, corrected to 18 percent oxygen; OR the average THC performance reduction must equal or exceed 95 percentOperating and maintaining a THC CEMS at the outlet of the control device or in the stack of the affected source, according to the requirements of Procedure 1 of 40 CFR part 60, appendix F.
5. Each affected process unit that uses process changes to meet the applicable emission limitThe average THC concentration must not exceed 20 ppmvd, corrected to 18 percent oxygenOperating and maintaining a THC CEMS at the outlet of the control device or in the stack of the affected source, according to the requirements of Procedure 1 of 40 CFR part 60, appendix F.
6. Each affected continuous process unitThe average THC concentration must not exceed 20 ppmvd, corrected to 18 percent oxygen; OR the average THC percentage reduction must equal or exceed 95 percentRecording the organic HAP processing rate (pounds per hour) and the operating temperature of the affected source, as specified in items 3.b. and 3.c. of Table 4 to this subpart.
7. Each affected batch process unitThe average THC concentration must not exceed 20 ppmvd, corrected to 18 percent oxygen; OR the average THC percentage reduction must equal or exceed 95 percentRecording the organic HAP processing rate (pounds per batch); and process cycle time for each batch cycle; and hourly average operating temperature of the affected source, as specified in items 8.b. through 8.d. of Table 4 to this subpart.
8. Each new kiln that is used to process clay refractory productsAs specified in items 9 through 11 of this tableSatisfying the applicable requirements specified in items 9 through 11 of this table.
9. Each new affected kiln that is equipped with a DLAa. The average HF emissions must not exceed 0.019 kg/Mg (0.038 lb/ton) of uncalcined clay processed, OR the average uncontrolled HF emissions must be reduced by at least 90 percent; and

b. The average HCl emissions must not exceed 0.091 kg/Mg (0.18 lb/ton) of uncalcined clay processed, or the average uncontrolled HCl emissions must be reduced by at least 30 percent
i. Maintaining the pressure drop across the DLA at or above the minimum levels established during the most recent performance test; and

ii. Verifying that the limestone hopper contains an adequate amount of free-flowing limestone by performing a daily visual check of the limestone in the feed hopper; and

iii. Recording the limestone feeder setting daily to verify that the feeder setting is at or above the level established during the most recent performance test; and

iv. Using the same grade of limestone as was used during the most recent performance test and maintaining records of the source and grade of limestone.
c. The average PM emissions must not exceed 1.4 kg/Mg (3.1 lb/hr); and

d. The average Hg emissions must not exceed 6.1 µg/dscm, corrected to 18 percent oxygen
i. Performing VE observations of the stack at the frequency specified in § 63.9810(f) using EPA Method 22 of 40 CFR part 60, appendix A-7; maintaining no VE from the stack.
10. Each new affected kiln that is equipped with a DIFF or DLS/FFa. The average HF emissions must not exceed 0.019 kg/Mg (0.038 lb/ton) of uncalcined clay processed; OR the average uncontrolled HF emissions must be reduced by at least 90 percent; and

b. The average HCl emissions must not exceed 0.091 kg/Mg (0.18 lb/ton) of uncalcined clay processed; OR the average uncontrolled HCl emissions must be reduced by at least 30 percent; and

c. The average PM emissions must not exceed 1.4 kg/Mg (3.1 lb/hr); and

d. The average Hg emissions must not exceed 6.1 µg/dscm, corrected to 18 percent oxygen
i. Verifying at least once each 8-hour shift that lime is free-flowing by means of a visual check, checking the output of a load cell, carrier gas/lime flow indicator, or carrier gas pressure drop measurement system; and

ii. Recording feeder setting daily to verify that the feeder setting is at or above the level established during the most recent performance test; and

iii. Initiating corrective action within 1 hour of a bag leak detection system alarm AND completing corrective actions in accordance with the OM&M plan, AND operating and maintaining the fabric filter such that the alarm does not engage for more than 5 percent of the total operating time in a 6-month block reporting period.
11. Each new affected kiln that is equipped with a wet scrubbera. The average HF emissions must not exceed 0.019 kg/Mg (0.038 lb/ton) of uncalcined clay processed; OR the average uncontrolled HF emissions must be reduced by at least 90 percent; and

b. The average HCl emissions must not exceed 0.091 kg/Mg (0.18 lb/ton) of uncalcined clay processed; OR the average uncontrolled HCl emissions must be reduced by at least 30 percent; and

c. The average PM emissions must not exceed 1.4 kg/Mg (3.1 lb/hr); and

d. The average Hg emissions must not exceed 6.1 µg/dscm, corrected to 18 percent oxygen
i. Maintaining the pressure drop across the scrubber, liquid pH, and liquid flow rate at or above the minimum levels established during the most recent performance test; and

ii. If chemicals are added to the scrubber liquid, maintaining the average chemical feed rate at or above the minimum chemical feed rate established during the most recent performance test.
12. Each new affected kiln that is equipped with an activated carbon injection systemThe average Hg emissions must not exceed 6.1 µg/dscm, corrected to 18 percent oxygenCollecting the carbon flow rate data according to § 63.9804(a); reducing the carbon flow rate data to 3-hour block averages according to § 63.9804(a); maintaining the 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.
13. Each existing affected kiln that is equipped with a DLA or no add-on controla. The average PM emissions must not exceed 4.3 kg/Mg (9.5 lb/hr); and

b. The average Hg emissions must not exceed 18 µg/dscm, corrected to 18 percent oxygen
i. Performing VE observations of the stack at the frequency specified in § 63.9810(f) using EPA Method 22 of 40 CFR part 60, appendix A-7; maintaining no VE from the stack.
14. Each existing affected kiln that is equipped with a DIFF or DLS/FFa. The average PM emissions must not exceed 4.3 kg/Mg (9.5 lb/hr)i. If you use a bag leak detection system, as prescribed in § 63.9804(f), initiating corrective action within 1 hour of a bag leak detection system alarm AND completing corrective actions in accordance with the OM&M plan, AND operating and maintaining the fabric filter such that the alarm does not engage for more than 5 percent of the total operating time in a 6-month block reporting period; OR
ii. Performing VE observations of the stack at the frequency specified in § 63.9810(f) using EPA Method 22 of 40 CFR part 60, appendix A-7; maintaining no VE from the stack.
15. Each existing affected kiln that is equipped with a wet scrubbera. The average PM emissions must not exceed 4.3 kg/Mg (9.5 lb/hr); and

b. The average Hg emissions must not exceed 18 µg/dscm, corrected to 18 percent oxygen

i. Maintaining the pressure drop across the scrubber and liquid flow rate at or above the minimum levels established during the most recent performance test.
16. Each existing affected kiln that is equipped with an activated carbon injection systemThe average Hg emissions must not exceed 18 µg/dscm, corrected to 18 percent oxygenCollecting the carbon flow rate data according to § 63.9804(a); reducing the carbon flow rate data to 3-hour block averages according to § 63.9804(a); maintaining the 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.

[86 FR 66084, Nov. 19, 2021]


Table 8 to Subpart SSSSS of Part 63 – Continuous Compliance with Operating Limits

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


For . . .
For the following operating limit . . .
You must demonstrate continuous compliance by . . .
1. Each affected source listed in Table 2 to this subparta. Each applicable operating limit listed in Table 2 to this subparti. Maintaining all applicable process and control device operating parameters within the limits established during the most recent performance test; and
ii. Conducting annually an inspection of all duct work, vents, and capture devices to verify that no leaks exist and that the capture device is operating such that all emissions are properly vented to the control device in accordance with the OM&M plan.
2. Each affected continuous kiln used to manufacture refractory products that use organic HAP that is equipped with a THC control devicea. The operating limits specified in items 2.a. through 2.c. of Table 2 to this subparti. Operating the control device on the affected kiln during all times except during periods of approved scheduled maintenance, as specified in § 63.9792(e); and

ii. Before May 19, 2022, minimizing HAP emissions from the affected kiln during all periods of scheduled maintenance of the kiln control device when the kiln is operating and the control device is out of service; on and after May 19, 2022, minimizing HAP emissions during the period when the kiln is operating and the control device is out of service by complying with the applicable standard in Table 3 to this subpart; and
iii. Minimizing the duration of all periods of scheduled maintenance of the kiln control device when the kiln is operating and the control device is out of service; on and after May 19, 2022, the total time during which the kiln is operating and the control device is out of service for the each year on a 12-month rolling basis must not exceed 750 hours.
3. Each new or existing curing oven, shape dryer, and kiln that is used to process refractory products that use organic HAP; each new or existing coking oven and defumer that is used to produce pitch-impregnated refractory products; each new shape preheater that is used to produce pitch-impregnated refractory products; AND each new or existing process unit that is exhausted to a thermal or catalytic oxidizer that also controls emissions from an affected shape preheater or pitch working tankAs specified in items 4 through 9 of this tableSatisfying the applicable requirements specified in items 4 through 9 of this table.
4. Each affected continuous process unitMaintain process operating parameters within the limits established during the most recent performance testi. Recording the organic HAP processing rate (pounds per hour); and

ii. Recording the operating temperature of the affected source at least hourly; and
iii. Maintaining the 3-hour block average organic HAP processing rate at or below the maximum organic HAP processing rate established during the most recent performance test.
5. Continuous process units that are equipped with a thermal oxidizerMaintain the 3-hour block average operating temperature in the thermal oxidizer combustion chamber at or above the minimum allowable operating temperature established during the most recent performance testi. Measuring and recording the thermal oxidizer combustion chamber temperature at least every 15 minutes; and

ii. Calculating the hourly average thermal oxidizer combustion chamber temperature; and
iii. Maintaining the 3-hour block average thermal oxidizer combustion chamber temperature at or above the minimum allowable operating temperature established during the most recent performance test; and
iv. Reporting, in accordance with § 63.9814(e), any 3-hour block average operating temperature measurements below the minimum allowable thermal oxidizer combustion chamber operating temperature established during the most recent performance test.
6. Continuous process units that are equipped with a catalytic oxidizera. Maintain the 3-hour block average temperature at the inlet of the catalyst bed at or above the minimum allowable catalyst bed inlet temperature established during the most recent performance testi. Measuring and recording the temperature at the inlet of the catalyst bed at least every 15 minutes; and

ii. Calculating the hourly average temperature at the inlet of the catalyst bed; and
iii. Maintaining the 3-hour block average temperature at the inlet of the catalyst bed at or above the minimum allowable catalyst bed inlet temperature established during the most recent performance test; and
iv. Reporting, in accordance with § 63.9814(e), any 3-hour block average catalyst bed inlet temperature measurements below the minimum allowable catalyst bed inlet temperature established during the most recent performance; and
v. Checking the activity level of the catalyst at least every 12 months and taking any necessary corrective action, such as replacing the catalyst, to ensure that the catalyst is performing as designed.
7. Each affected batch process unitMaintain process operating parameters within the limits established during the most recent performance testi. Recording the organic HAP processing rate (pounds per batch); and

ii. Recording the hourly average operating temperature of the affected source; and
iii. Recording the process cycle time for each batch cycle; and
iv. Maintaining the organic HAP processing rate at or below the maximum organic HAP processing rate established during the most recent performance test.
8. Batch process units that are equipped with a thermal oxidizerMaintain the hourly average temperature in the thermal oxidizer combustion chamber at or above the hourly average temperature established for the corresponding 1-hour period of the cycle during the most recent performance testi. Measuring and recording the thermal oxidizer combustion chamber temperature at least every 15 minutes; and

ii. Calculating the hourly average thermal oxidizer combustion chamber temperature; and
iii. From the start of each batch cycle until 3 hours have passed since the process unit reached maximum temperature, maintaining the hourly average operating temperature in the thermal oxidizer combustion chamber at or above the minimum allowable operating temperature established for the corresponding period during the most recent performance test, as determined according to item 11 of Table 4 to this subpart; and
iv. For each subsequent hour of the batch cycle, maintaining the hourly average operating temperature in the thermal oxidizer combustion chamber at or above the minimum allowable operating temperature established for the corresponding hour during the most recent performance test, as specified in item 13 of Table 4 to this subpart; and
v. Reporting, in accordance with § 63.9814(e), any temperature measurements below the minimum allowable thermal oxidizer combustion chamber temperature measured during the most recent performance test.
9. Batch process units that are equipped with a catalytic oxidizerMaintain the hourly average temperature at the inlet of the catalyst bed at or above the corresponding hourly average temperature established for the corresponding 1-hour period of the cycle during the most recent performance testi. Measuring and recording temperatures at the inlet of the catalyst bed at least every 15 minutes; and

ii. Calculating the hourly average temperature at the inlet of the catalyst bed; and
iii. From the start of each batch cycle until 3 hours have passed since the process unit reached maximum temperature, maintaining the hourly average operating temperature at the inlet of the catalyst bed at or above the minimum allowable bed inlet temperature established for the corresponding period during the most recent performance test, as determined according to item 12 of Table 4 to this subpart; and
iv. For each subsequent hour of the batch cycle, maintaining the hourly average operating temperature at the inlet of the catalyst bed at or above the minimum allowable bed inlet temperature established for the corresponding hour during the most recent performance test, as specified in item 13 of Table 4 to this subpart; and
v. Reporting, in accordance with § 63.9814(e), any catalyst bed inlet temperature measurements below the minimum allowable bed inlet temperature measured during the most recent performance test; and
vi. Checking the activity level of the catalyst at least every 12 months and taking any necessary corrective action, such as replacing the catalyst, to ensure that the catalyst is performing as designed.
10. Each new kiln that is used to process clay refractory productsAs specified in items 11 through 13 of this tableSatisfying the applicable requirements specified in items 11 through 13 of this table.
11. Each new kiln that is equipped a DLAa. Maintain the average pressure drop across the DLA for each 3-hour block period at or above the minimum pressure drop established during the most recent performance testi. Collecting the DLA pressure drop data, as specified in item 18.a. of Table 4 to this subpart; and

ii. Reducing the DLA pressure drop data to 1-hour and 3-hour block averages; and
iii. Maintaining the 3-hour block average pressure drop across the DLA at or above the minimum pressure drop established during the most recent performance test.
b. Maintain free-flowing limestone in the feed hopper, silo, and DLAVerifying that the limestone hopper has an adequate amount of free-flowing limestone by performing a daily visual check of the limestone hopper.
c. Maintain the limestone feeder setting at or above the level established during the most recent performance testRecording the limestone feeder setting at least daily to verify that the feeder setting is being maintained at or above the level established during the most recent performance test.
d. Use the same grade of limestone from the same source as was used during the most recent performance testUsing the same grade of limestone as was used during the most recent performance test and maintaining records of the source and grade of limestone.
e. Maintain no VE from the stacki. Performing VE observations of the stack at the frequency specified in § 63.9810(f) using EPA Method 22 of 40 CFR part 60, appendix A-7; and
ii. Maintaining no VE from the stack.
12. Each new kiln that is equipped with a DIFF or DLS/FFa. Initiate corrective action within 1 hour of a bag leak detection system alarm and complete corrective actions in accordance with the OM&M plan; AND operate and maintain the fabric filter such that the alarm does not engage for more than 5 percent of the total operating time in a 6-month block reporting periodi. Initiating corrective action within 1 hour of a bag leak detection system alarm and completing corrective actions in accordance with the OM&M plan; and

ii. Operating and maintaining the fabric filter such that the alarm does not engage for more than 5 percent of the total operating time in a 6-month block reporting period; in calculating this operating time fraction, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted; if corrective action is required, each alarm shall be counted as a minimum of 1 hour; if you take longer than 1 hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken by you to initiate corrective action.

b. Maintain free-flowing lime in the feed hopper or silo at all times for continuous injection systems; AND maintain feeder setting at or above the level established during the most recent performance test for continuous injection systemsi. Verifying at least once each 8-hour shift 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; and

ii. Recording the feeder setting once each day of operation to verify that the feeder setting is being maintained at or above the level established during the most recent performance test.
13. Each new kiln that is used to process clay refractory products and is equipped with a wet scrubbera. Maintain the average pressure drop across the scrubber for each 3-hour block period at or above the minimum pressure drop established during the most recent performance testi. Collecting the scrubber pressure drop data, as specified in item 20.a. of Table 4 to this subpart; and

ii. Reducing the scrubber pressure drop data to 1-hour and 3-hour block averages; and
iii. Maintaining the 3-hour block average scrubber pressure drop at or above the minimum pressure drop established during the most recent performance test.
b. Maintain the average scrubber liquid pH for each 3-hour block period at or above the minimum scrubber liquid pH established during the most recent performance testi. Collecting the scrubber liquid pH data, as specified in item 20.b. of Table 4 to this subpart; and

ii. Reducing the scrubber liquid pH data to 1-hour and 3-hour block averages; and
iii. Maintaining the 3-hour block average scrubber liquid pH at or above the minimum scrubber liquid pH established during the most recent performance test.
c. Maintain the average scrubber liquid flow rate for each 3-hour block period at or above the minimum scrubber liquid flow rate established during the most recent performance testi. Collecting the scrubber liquid flow rate data, as specified in item 20.c. of Table 4 to this subpart; and

ii. Reducing the scrubber liquid flow rate data to 1-hour and 3-hour block averages; and
iii. Maintaining the 3-hour block average scrubber liquid flow rate at or above the minimum scrubber liquid flow rate established during the most recent performance test.
d. If chemicals are added to the scrubber liquid, maintain the average scrubber chemical feed rate for each 3-hour block period at or above the minimum scrubber chemical feed rate established during the most recent performance testi. Collecting the scrubber chemical feed rate data, as specified in item 20.d. of Table 4 to this subpart; and

ii. Reducing the scrubber chemical feed rate data to 1-hour and 3-hour block averages; and
iii. Maintaining the 3-hour block average scrubber chemical feed rate at or above the minimum scrubber chemical feed rate established during the most recent performance test.
14. Each new and existing affected kiln that is equipped with an activated carbon injection systema. Maintain the 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 demonstratedi. Collecting the carbon flow rate data, as specified in item 23 of Table 4 to this subpart; and

ii. Reducing the carbon flow rate data to 3-hour block averages; and
iii. Maintaining the 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.
15. Each existing affected kiln that is equipped with a DLA or no add-on controla. Maintain no VE from the stacki. Performing VE observations of the stack at the frequency specified in § 63.9810(f) using EPA Method 22 of 40 CFR part 60, appendix A-7; and
ii. Maintaining no VE from the stack.
16. Each existing affected kiln that is equipped with a FFa. Maintain no VE from the stack; ORi. Performing VE observations of the stack at the frequency specified in § 63.9810(f) using EPA Method 22 of 40 CFR part 60, appendix A-7; and
ii. Maintaining no VE from the stack.
b. Initiate corrective action within 1 hour of a bag leak detection system alarm and complete corrective actions in accordance with the OM&M plan; AND operate and maintain the fabric filter such that the alarm does not engage for more than 5 percent of the total operating time in a 6-month block reporting periodi. Initiating corrective action within 1 hour of a bag leak detection system alarm and completing corrective actions in accordance with the OM&M plan; and

ii. Operating and maintaining the fabric filter such that the alarm does not engage for more than 5 percent of the total operating time in a 6-month block reporting period; in calculating this operating time fraction, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted; if corrective action is required, each alarm shall be counted as a minimum of 1 hour; if you take longer than 1 hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken by you to initiate corrective action.
17. Each existing affected kiln that is equipped with a wet scrubbera. Maintain the average pressure drop across the scrubber for each 3-hour block period at or above the minimum pressure drop established during the most recent performance testi. Collecting the scrubber pressure drop data, as specified in item 25.a of Table 4 to this subpart; and

ii. Reducing the scrubber pressure drop data to 1-hour and 3-hour block averages; and
iii. Maintaining the 3-hour block average scrubber pressure drop at or above the minimum pressure drop established during the most recent performance test.
b. Maintain the average scrubber liquid flow rate for each 3-hour block period at or above the minimum scrubber liquid flow rate established during the most recent performance testi. Collecting the scrubber liquid flow rate data, as specified in item 25.b. of Table 4 to this subpart; and

ii. Reducing the scrubber liquid flow rate data to 1-hour and 3-hour block averages; and
iii. Maintaining the 3-hour block average scrubber liquid flow rate at or above the minimum scrubber liquid flow rate established during the most recent performance test.

[86 FR 66087, Nov. 19, 2021]


Table 9 to Subpart SSSSS of Part 63 – Continuous Compliance with Work Practice Standards

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


For . . .
For the following work practice standard . . .
You must demonstrate continuous compliance by . . .
1. Each affected source listed in Table 3 to this subpartEach applicable work practice requirement listed in Table 3 to this subparti. Performing each applicable work practice standard listed in Table 3 to this subpart; and

ii. Maintaining records that document the method and frequency for complying with each applicable work practice standard listed in Table 3 to this subpart, as required by §§ 63.10(b) and 63.9816(c)(2).
2. Each basket or container that is used for holding fired refractory shapes in an existing shape preheater and autoclave during the pitch impregnation processControl POM emissions from any affected shape preheateri. Controlling emissions from the volatilization of residual pitch by implementing one of the work practice standards listed in item 1 of Table 3 to this subpart; and

ii. Recording the date and cleaning method each time you clean an affected basket or container.
3. Each new or existing pitch working tankControl POM emissionsCapturing and venting emissions from the affected pitch working tank to the control device that is used to control emissions from an affected defumer or coking oven, or to a thermal or catalytic oxidizer that is comparable to the control device used on an affected defumer or coking oven.
4. Each new or existing chromium refractory products kilnMinimize fuel-based HAP emissionsi. Before November 19, 2021, using natural gas, or equivalent, as the kiln fuel at all times except during periods of natural gas curtailment or supply interruption; on and after November 19, 2021, using natural gas, or equivalent, as the kiln fuel at all times; and
ii. Before November 19, 2021, 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 § 63.9824; and
iii. Before November 19, 2021, submitting a report of alternative fuel use within 10 working days after terminating the use of the alternative fuel, as specified in § 63.9814(g).
5. Each existing clay refractory products kilnMinimize fuel-based HAP emissionsi. Before November 19, 2021, using natural gas, or equivalent, as the kiln fuel at all times except during periods of natural gas curtailment or supply interruption; on and after November 19, 2021, using natural gas, or equivalent, as the kiln fuel at all times; and
ii. Before November 19, 2021, 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 § 63.9824; and
iii. Before November 19, 2021, submitting a report of alternative fuel use within 10 working days after terminating the use of the alternative fuel, as specified in § 63.9814(g).
6. Each affected continuous kiln used to manufacture refractory products that use organic HAP that is equipped with an emission control device for THCMinimize organic HAP emissionsi. Operating the control device at all times unless you receive Administrator approval to take the control device out of service for scheduled maintenance, as specified in § 63.9792(e); and
ii. Minimizing HAP emissions during the period when the kiln is operating and the control device is out of service as specified in item 5 of Table 3 to this subpart; and
iii. On and after November 19, 2021, recording the actual hourly organic HAP processing rate for the kiln while the control device was out of service and the amount of product manufactured in the kiln while the control device was out of service; and
iv. Recording the duration of each period when the kiln is operating and the control device is out of service and, on and after November 19, 2021, the total amount of time per year on a 12-month rolling basis that the kiln has operated and the control device has been out of service.
7. Each new or existing curing oven, shape dryer, and kiln that is used to process refractory products that use organic HAP, on and after November 19, 2021Minimize fuel-based HAP emissionsUsing natural gas, or equivalent, as the kiln fuel at all times.

[86 FR 66091, Nov. 19, 2021]


Table 10 to Subpart SSSSS of Part 63 – Requirements for Reports

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


You must submit a(n) . . .
The report must contain . . .
You must submit the report . . .
1. Compliance reportThe information in § 63.9814(c) through (f)Semiannually according to the requirements in § 63.9814(a) through (f).
2. Before May 19, 2022, immediate SSM report if you had a startup, shutdown, or malfunction during the reporting period that is not consistent with your SSMP, on and after May 19, 2022, immediate SSM report is not requireda. Actions taken for the eventBy fax or telephone within 2 working days after starting actions inconsistent with the plan.
b. The information in § 63.10(d)(5)(ii)By letter within 7 working days after the end of the event unless you have made alternative arrangements with the permitting authority.
3. Before May 19, 2022, report of alternative fuel useThe information in § 63.9814(g) and items 4 and 5 of Table 9 to this subpartIf you are subject to the work practice standard specified in item 3 or 4 of Table 3 to this subpart, and you use an alternative fuel in the affected kiln, by letter within 10 working days after terminating the use of the alternative fuel.
4. Performance test reportThe information in § 63.7(g)According to the requirements of § 63.9814(h).
5. CMS performance evaluation, as required for CEMSThe information in § 63.7(g)According to the requirements of § 63.9814(i).

[86 FR 66092, Nov. 19, 2021]


Table 11 to Subpart SSSSS of Part 63 – Applicability of General Provisions to Subpart SSSSS

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


Citation
Subject
Brief description
Applies to subpart SSSSS
§ 63.1ApplicabilityYes.
§ 63.2DefinitionsYes.
§ 63.3Units and AbbreviationsYes.
§ 63.4Prohibited ActivitiesCompliance date; circumvention, severabilityYes.
§ 63.5Construction/ReconstructionApplicability; applications; approvalsYes.
§ 63.6(a)ApplicabilityGeneral Provisions (GP) apply unless compliance extension; GP apply to area sources that become majorYes.
§ 63.6(b)(1)-(4)Compliance Dates for New and Reconstructed SourcesStandards apply at effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for section 112(f)Yes.
§ 63.6(b)(5)NotificationYes.
§ 63.6(b)(6)[Reserved]
§ 63.6(b)(7)Compliance Dates for New and Reconstructed Area Sources That Become MajorArea sources that become major must comply with major source standards immediately upon becoming major, regardless of whether required to comply when they were area sourcesYes.
§ 63.6(c)(1)-(2)Compliance Dates for Existing SourcesComply according to date in subpart, which must be no later than 3 years after effective date; for section 112(f) standards, comply within 90 days of effective date unless compliance extensionYes.
§ 63.6(c)(3)-(4)[Reserved]
§ 63.6(c)(5)Compliance Dates for Existing Area Sources That Become MajorArea sources that become major must comply with major source standards by date indicated in subpart or by equivalent time period (for example, 3 years)Yes.
§ 63.6(d)[Reserved]
§ 63.6(e)(1)-(2)Operation & MaintenanceOperate to minimize emissions at all times; correct malfunctions as soon as practicable; requirements independently enforceable; information Administrator will use to determine if operation and maintenance requirements were met; see § 63.9792(b) for general duty requirement.Yes before May 19, 2022. No on and after May 19, 2022.
§ 63.6(e)(3)SSMP requirementsYes before May 19, 2022. No on and after May 19, 2022.
§ 63.6(f)(1)Compliance Except During SSMYou must comply with emission standards at all times except during SSMNo.
§ 63.6(f)(2)-(3)Methods for Determining ComplianceCompliance based on performance test, operation and maintenance plans, records, inspectionYes.
§ 63.6(g)(1)-(3)Alternative StandardProcedures for getting an alternative standard.Yes.
§ 63.6(h)(1)-(9)Opacity/Visible Emission (VE) StandardsNot applicable.
§ 63.6(i)(1)-(14)Compliance ExtensionProcedures and criteria for Administrator to grant compliance extensionYes.
§ 63.6(j)Presidential Compliance ExemptionPresident may exempt source categoryYes.
§ 63.7(a)(1)-(2)Performance Test DatesDates for conducting initial performance testing and other compliance demonstrations; must conduct 180 days after first subject to ruleYes.
§ 63.7(a)(3)Section 114 AuthorityAdministrator may require a performance test under CAA section 114 at any timeYes.
§ 63.7(b)(1)Notification of Performance TestMust notify Administrator 60 days before the testYes.
§ 63.7(b)(2)Notification of ReschedulingMust notify Administrator 5 days before scheduled date and provide rescheduled dateYes.
§ 63.7(c)Quality Assurance/Test PlanRequirements; test plan approval procedures; performance audit requirements; internal and external QA procedures for testingYes.
§ 63.7(d)Testing FacilitiesYes.
§ 63.7(e)(1)Conditions for Conducting Performance TestsSee § 63.9800.No, § 63.9800 specifies requirements.
§ 63.7(e)(2)Conditions for Conducting Performance TestsMust conduct according to subpart and EPA test methods unless Administrator approves alternativeYes.
§ 63.7(e)(3)Test Run DurationMust have 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 usedYes; Yes, except where specified in § 63.9800 for batch process sources; Yes.
§ 63.7(f)Alternative Test MethodYes.
§ 63.7(g)Performance Test Data AnalysisYes, except this subpart specifies how and when the performance test and performance evaluation results are reported.
§ 63.7(h)Waiver of TestYes.
§ 63.8(a)(1)Applicability of Monitoring RequirementsYes.
§ 63.8(a)(2)Performance SpecificationsPerformance Specifications in appendix B of 40 CFR part 60 applyYes.
§ 63.8(a)(3)[Reserved]
§ 63.8(a)(4)Monitoring with FlaresNot applicable.
§ 63.8(b)(1)MonitoringMust conduct monitoring according to standard unless Administrator approves alternativeYes.
§ 63.8(b)(2)-(3)Multiple Effluents and Multiple Monitoring SystemsSpecific requirements for installing and reporting on monitoring systemsYes.
§ 63.8(c)(1)Continuous Monitoring System Operation and MaintenanceMaintenance consistent with good air pollution control practicesYes before May 19, 2022. No on and after May 19, 2022.
§ 63.8(c)(2)-(3)Monitoring System InstallationMust install to get representative emission and parameter measurementsYes.
§ 63.8(c)(4)CMS RequirementsNo, § 63.9808 specifies requirements.
§ 63.8(c)(5)COMS Minimum ProceduresNot applicable.
§ 63.8(c)(6)CMS RequirementsApplies only to sources required to install and operate a THC CEMS.
§ 63.8(c)(7)(i)(A)CMS RequirementsApplies only to sources required to install and operate a THC CEMS.
§ 63.8(c)(7)(i)(B)CMS RequirementsApplies only to sources required to install and operate a THC CEMS.
§ 63.8(c)(7)(i)(C)CMS RequirementsNot applicable.
§ 63.8(c)(7)(ii)CMS RequirementsCorrective action required when CMS is out of controlYes.
§ 63.8(c)(8)CMS RequirementsYes.
§ 63.8(d)(1) and (2)CMS Quality ControlYes.
§ 63.8(d)(3)Written procedures for CMSNo, § 63.9794(a)(8) specifies requirements.
§ 63.8(e)CMS Performance EvaluationApplies only to sources required to install and operate a THC CEMS, except this subpart specifies how and when the performance evaluation results are reported.
§ 63.8(f)(1)-(5)Alternative Monitoring MethodYes.
§ 63.8(f)(6)Alternative to Relative Accuracy TestYes.
§ 63.8(g)Data ReductionApplies only to sources required to install and operate a THC CEMS.
§ 63.9(a)Notification RequirementsYes.
§ 63.9(b)(1)-(5)Initial NotificationsYes.
§ 63.9(c)Request for Compliance ExtensionYes.
§ 63.9(d)Notification of Special Compliance Requirements for New SourceYes.
§ 63.9(e)Notification of Performance TestNotify Administrator 60 days priorYes.
§ 63.9(f)Notification of VE/Opacity TestNot applicable.
§ 63.9(g)Additional Notifications When Using CMSApplies only to sources required to install and operate a THC CEMS.
§ 63.9(h)Notification of Compliance StatusYes.
§ 63.9(i)Adjustment of Submittal DeadlinesYes.
§ 63.9(j)Change in Previous InformationYes.
§ 63.9(k)NotificationsElectronic reporting proceduresYes, only as specified in § 63.9(j).
§ 63.10(a)Recordkeeping/ReportingYes.
§ 63.10(b)(1)General Recordkeeping RequirementsYes.
§ 63.10(b)(2)(i)-(ii)Recordkeeping of Occurrence and Duration of Startups and Shutdowns and Failures to Meet StandardsSee § 63.9816Yes before May 19, 2022. No on and after May 19, 2022.
§ 63.10(b)(2)(iii)Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring EquipmentYes.
§ 63.10(b)(2)(iv)-(v)Actions Taken to Minimize Emissions during SSMYes before May 19, 2022. No on and after May 19, 2022.
§ 63.10(b)(2)(vi)Recordkeeping for CMS MalfunctionsSee § 63.9816(c)(5)Yes before May 19, 2022. No on and after May 19, 2022.
§ 63.10(b)(2)(vii)-(xi)RecordsMeasurements to demonstrate compliance with emission limitations; performance test, performance evaluation, and visible emission observation results; measurements to determine conditions of performance tests and performance evaluationsYes.
§ 63.10(b)(2)(xii)RecordsRecords when under waiverYes.
§ 63.10(b)(2)(xiii)RecordsRecords when using alternative to relative accuracy testNot applicable.
§ 63.10(b)(2)(xiv)RecordsAll documentation supporting Initial Notification and Notification of Compliance StatusYes.
§ 63.10(b)(3)RecordsApplicability DeterminationsYes.
§ 63.10(c)(1), (c)(5)-(6)Additional Records for CMSYes.
§ 63.10(c)(2)-(4)RecordsAdditional Records for CMSNot applicable.
§ 63.10(c)(7)-(8)Records of excess emissions and parameter monitoring exceedances for CMS§ 63.9816 specifies requirements.No.
§ 63.10(c)(9)RecordsAdditional Records for CMSNot applicable.
§ 63.10(c)(10)-(14)Additional Records for CMSYes.
§ 63.10(c)(15)Records Regarding the SSMPYes before May 19, 2022. No on and after May 19, 2022.
§ 63.10(d)(1)General Reporting RequirementsRequirements for reportingYes.
§ 63.10(d)(2)Report of Performance Test ResultsWhen to submit to Federal or State authorityNo. This subpart specifies how and when the performance test results are reported.
§ 63.10(d)(3)Reporting Opacity or VE ObservationsNot applicable.
§ 63.10(d)(4)Progress ReportsMust submit progress reports on schedule if under compliance extensionYes.
§ 63.10(d)(5)SSM ReportsContents and submission See § 63.9814 (d) and (e) for malfunction reporting requirements.Yes before May 19, 2022. No on and after May 19, 2022.
§ 63.10(e)(1)-(2)Additional CMS ReportsApplies only to sources required to install and operate a THC CEMS, except this subpart specifies how and when the performance evaluation results are reported.
§ 63.10(e)(3)ReportsNo, § 63.9814 specifies requirements.
§ 63.10(e)(4)Reporting COMS dataNot applicable.
§ 63.10(f)Waiver for Recordkeeping/ReportingYes.
§ 63.11FlaresNot applicable.
§ 63.12DelegationYes.
§ 63.13AddressesYes.
§ 63.14Incorporation by ReferenceYes.
§ 63.15Availability of Information and ConfidentialityYes.
§ 63.16Performance Track ProvisionsYes.

[86 FR 66092, Nov. 19, 2021]


Subpart TTTTT – National Emissions Standards for Hazardous Air Pollutants for Primary Magnesium Refining


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

What This Subpart Covers

§ 63.9880 What is the purpose of this subpart?

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


§ 63.9881 Am I subject to this subpart?

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


§ 63.9882 What parts of my plant does this subpart cover?

(a) The affected sources are each new and existing primary magnesium refining facility.


(b) This subpart covers emissions from each spray dryer stack, magnesium chloride storage bins scrubber stack, melt/reactor system stack, and launder off-gas system stack at your primary magnesium refining facility. This subpart also covers fugitive dust emissions.


(c) Each primary magnesium refining facility is existing if you commenced construction or reconstruction of the affected source before January 22, 2003.


(d) Each primary magnesium refining facility is new if you commence construction or reconstruction of the affected source on or after January 22, 2003. An affected source is reconstructed if it meets the definition of reconstruction in § 63.2.


§ 63.9883 When do I have to comply with this subpart?

(a) If you have an existing source, you must comply with each emission limitation, work practice standard, and operation and maintenance requirement in this subpart that applies to you no later than October 11, 2004.


(b) If you have a new affected source and its initial startup date is on or before October 11, 2003, you must comply with each emission limitation, work practice standard, and operation and maintenance requirement in this subpart that applies to you by October 10, 2003.


(c) If you have a new affected source and its initial startup date is after October 10, 2003, you must comply with each emission limitation, work practice standard, and operation and maintenance requirement in this subpart that applies to you upon initial startup.


(d) If your primary magnesium refinery is an area source that becomes a major source of HAP, the compliance dates in paragraphs (d)(1) and (2) of this section apply to you:


(1) Any portion of the existing primary magnesium refinery that is a new affected source or a new reconstructed source must be in compliance with this subpart upon startup.


(2) All other parts of the primary magnesium refinery must be in compliance with this subpart no later than 2 years after it becomes a major source.


(e) You must meet the notification and schedule requirements in § 63.9930. Several of these notifications must be submitted before the compliance date for your affected source.


Emission Limitations and Work Practice Standards

§ 63.9890 What emission limitations must I meet?

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


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


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

(a) You must prepare and at all times operate according to a fugitive dust emissions control plan that describes in detail the measures that will be put in place to control fugitive dust emissions from all unpaved roads and other unpaved operational areas.


(b) You must submit a copy of your fugitive dust emissions control plan for approval to the Administrator on or before the applicable compliance date for the affected source as specified in § 63.9883. The requirement to operate according to the fugitive dust emissions control plan must be incorporated by reference in the source’s operating permit issued by the permitting authority under 40 CFR part 70 or 40 CFR part 71.


(c) You can use an existing fugitive dust emissions control plan provided it meets the requirements in paragraphs (c)(1) through (3) of this section.


(1) The plan satisfies the requirements of paragraph (a) of this section.


(2) The plan describes the current measures to control fugitive dust emission sources.


(3) The plan has been approved as part of a State implementation plan or title V permit.


(d) You must maintain a current copy of the fugitive dust emissions control plan on-site and available for inspection upon request. You must keep the plan for the life of the affected source or until the affected source is no longer subject to the requirements of this subpart.


Operation and Maintenance Requirements

§ 63.9900 What are my operation and maintenance requirements?

(a) As required by § 63.6(e)(1)(i), you must always operate and maintain your affected source, including air pollution control and monitoring equipment, in a manner consistent with good air pollution control practices for minimizing emissions at least to the levels required by this subpart.


(b) You must prepare and operate at all times according to a written operation and maintenance plan for each control device subject to an operating limit in § 63.9890(b). Each plan must address preventative maintenance for each control device, including a preventative maintenance schedule that is consistent with the manufacturer’s instructions for routine and long-term maintenance.


(c) You must maintain a current copy of the operation and maintenance plan required in paragraph (b) of this section on-site and available for inspection upon request. You must keep the plan for the life of the affected source or until the affected source is no longer subject to the requirements of this subpart.


General Compliance Requirements

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

(a) You must be in compliance with the emission limitations, work practice standards, and operation and maintenance requirements in this subpart at all times, except during periods of startup, shutdown, and malfunction as defined in § 63.2.


(b) You must develop a written startup, shutdown, and malfunction plan according to the provisions in § 63.6(e)(3).


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


Initial Compliance Requirements

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

(a) As required in § 63.7(a)(2), you must conduct a performance test to demonstrate initial compliance with each emission limit in Table 1 to this subpart that applies to you as indicated in paragraphs (a)(1) through (3) of this section:


(1) Within 180 calendar days after the compliance date that is specified in § 63.9883 for your existing affected source;


(2) By April 7, 2004 for a new source that has an initial startup date before October 10, 2003; or


(3) Within 180 days after initial startup for a new source that has an initial startup date after October 10, 2003.


(b) For each operation and maintenance requirement that applies to you where initial compliance is not demonstrated using a performance test, you must demonstrate initial compliance within 30 calendar days after the compliance date that is specified for your affected source in § 63.9883.


(c) If you commenced construction or reconstruction between January 22, 2003 and October 10, 2003, you must demonstrate initial compliance with either the proposed emission limitation or the promulgated emission limitation no later than April 7, 2004 or no later than 180 calendar days after startup of the source, whichever is later, according to § 63.7(a)(2)(ix).


(d) If you commenced construction or reconstruction between January 22, 2003 and October 10, 2003, and you chose to comply with the proposed emission limit when demonstrating initial compliance, you must conduct a second performance test to demonstrate compliance with the promulgated emission limit by April 11, 2005, or after startup of the source, whichever is later, according to § 63.7(a)(2)(ix).


§ 63.9912 When must I conduct subsequent performance tests?

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


§ 63.9913 What test methods and other procedures must I use to demonstrate initial compliance with the emission limits for particulate matter and PM10?

(a) You must conduct each performance test that applies to your affected source according to the requirements in § 63.7(e)(1).


(b) To determine compliance with the applicable emission limits for particulate matter in Table 1 to this subpart, you must follow the test methods and procedures in paragraphs (b)(1) and (2) of this section.


(1) Determine the concentration of particulate matter according to the following test methods in appendix A to 40 CFR part 60:


(i) Method 1 to select sampling port locations and the number of traverse points. Sampling ports must be located at the outlet of the control device and prior to any releases to the atmosphere.


(ii) Method 2, 2F, or 2G to determine the volumetric flow rate of the stack gas.


(iii) Method 3, 3A, or 3B to determine the dry molecular weight of the stack gas.


(iv) Method 4 to determine the moisture content of the stack gas.


(v) Method 5 or 5D, as applicable, to determine the concentration of particulate matter.


(vi) Method 201 or 201A, as applicable, to determine the concentration of PM10.


(2) Collect a minimum sample volume of 60 dry standard cubic feet (dscf) during each particulate matter or PM10 test run. Three valid test runs are needed to comprise a performance test.


(c) Compute the mass emissions rate in pounds per hour (lbs/hr) for each test run using Equation 1 of this section:





Where:

Elbs/hr = Mass emissions rate of particulate matter or PM10 (lbs/hr);

Cs = Concentration of particulate matter or PM10 in the gas stream, grains per dry standard cubic feet (gr/dscf);

Qstd = Volumetric flow rate of stack gas, dry standard cubic feet per minute (dscfm);

60 = Conversion factor, minutes per hour (min/hr); and

7,000 = Conversion factor, grains per pound (gr/lb).

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

(a) You must conduct each performance test that applies to your affected source according to the requirements in § 63.7(e)(1).


(b) To determine compliance with the applicable emission limits for chlorine and hydrochloric acid in Table 1 to this subpart, you must follow the test methods and procedures specified in paragraphs (b)(1) and (2) of this section.


(1) Determine the concentration of chlorine and hydrochloric acid according to the following test methods in appendix A to 40 CFR part 60:


(i) Method 1 to select sampling port locations and the number of traverse points. Sampling ports must be located at the outlet of the control device and prior to any releases to the atmosphere.


(ii) Method 2, 2F, or 2G to determine the volumetric flow of the stack gas.


(iii) Method 3, 3A, or 3B to determine the dry molecular weight of the stack gas.


(iv) Method 4 to determine the moisture content of the stack gas.


(v) Method 26 or 26A, as applicable, to determine the concentration of hydrochloric acid and chlorine.


(2) Collect a minimum sample of 60 dscf during each test run for chlorine and hydrochloric acid. Three valid test runs are needed to comprise a performance test.


(c) Compute the mass emissions rate (lbs/hr) for each test run using Equation 1 of this section:





Where:

Elbs/hr = Mass emissions rate of chlorine or hydrochloric acid (lbs/hr);

Cs = Concentration of chlorine or hydrochloric acid in the gas stream, milligrams per dry standard cubic meter (mg/dscm);

Qstd = Volumetric flow rate of stack gas (dscfm);

60 = Conversion factor (min/hr);

35.31 = Conversion factor (dscf/dscm); and

454,000 = Conversion factor (mg/lb).

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

(a) You must conduct each performance test that applies to your affected source according to the requirements in § 63.7(e)(1).


(b) To determine compliance with the applicable emission limit for dioxins/furans in Table 1 to this subpart, you must follow the test methods and procedures specified in paragraphs (b)(1) and (2) of this section.


(1) Determine the concentration of dioxin and furan according to the following test methods in appendix A to 40 CFR part 60:


(i) Method 1 to select sampling port locations and the number of traverse points. Sampling ports must be located at the outlet of the control device and prior to any releases to the atmosphere.


(ii) Method 2, 2F, or 2G to determine the volumetric flow of the stack gas.


(iii) Method 3, 3A, or 3B to determine the dry molecular weight of the stack gas.


(iv) Method 4 to determine the moisture content of the stack gas.


(v) Method 23 to determine the concentration of dioxins/furans. For each dioxin/furan congener measured in accordance with this paragraph (b)(v), multiply the congener concentration by its corresponding toxic equivalency factor specified in Table 2 of this subpart.


(2) Collect a minimum sample of 100 dscf during each test run. Three valid test runs are needed to comprise a performance test.


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

For a wet scrubber subject to operating limits for pressure drop and scrubber water flow rate in § 63.9890(b), you must establish site-specific operating limits according to the procedures in paragraphs (a) and (b) of this section.


(a) Using the continuous parameter monitoring system (CPMS) required in § 63.9920, measure and record the pressure drop and scrubber water flow rate at least every 15 minutes during each run of the particulate matter performance test.


(b) Compute and record the average pressure drop and scrubber water flow rate for each individual test run. Your operating limits are the lowest average individual pressure drop and scrubber water flow rate values in any of the three runs that meet the applicable emission limit.


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

(a) For each affected source subject to an emission limit in Table 1 to this subpart, you have demonstrated initial compliance if:


(1) You have met the conditions in Table 3 to this subpart; and


(2) For each wet scrubber subject to the operating limits for pressure drop and scrubber water flow rate in § 63.9890(b), you have established appropriate site-specific operating limits and have a record of the pressure drop and scrubber water flow rate measured during the performance test in accordance with § 63.9916.


(b) You have demonstrated initial compliance with the work practice standards in § 63.9891 if you have certified in your notification of compliance status that:


(1) You have prepared a fugitive dust emissions control plan according to the requirements in § 63.9891 and submitted the plan for approval; and


(2) You will operate according to the requirements in the plan.


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

You must demonstrate initial compliance by certifying in your notification of compliance status that you have met the requirements in paragraphs (a) and (b) of this section.


(a) You have prepared the operation and maintenance plan according to the requirements in § 63.9910; and


(b) You will operate each control device according to the procedures in the plan.


Continuous Compliance Requirements

§ 63.9920 What are my continuous monitoring requirements?

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


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

(a) For each wet scrubber subject to the operating limits in § 63.9890(b) for pressure drop and scrubber water flow rate, you must install, operate, and maintain each CPMS according to the requirements in paragraphs (a)(1) and (2) of this section.


(1) For the pressure drop CPMS, you must:


(i) Locate the pressure sensor(s) in or as close to a position that provides a representative measurement of the pressure and that minimizes or eliminates pulsating pressure, vibration, and internal and external corrosion.


(ii) Use a gauge with a minimum measurement sensitivity of 0.5 inch of water or a transducer with a minimum measurement sensitivity of 1 percent of the pressure range.


(iii) Check the pressure tap for pluggage daily.


(iv) Using a manometer, check gauge calibration quarterly and transducer calibration monthly.


(v) Conduct calibration checks any time the sensor exceeds the manufacturer’s specified maximum operating pressure range, or install a new pressure sensor.


(vi) At least monthly, inspect all components for integrity, all electrical connections for continuity, and all mechanical connections for leakage.


(2) For the scrubber water flow rate CPMS, you must:


(i) Locate the flow sensor and other necessary equipment in a position that provides a representative flow and that reduces swirling flow or abnormal velocity distributions due to upstream and downstream disturbances.


(ii) Use a flow sensor with a minimum measurement sensitivity of 2 percent of the flow rate.


(iii) Conduct a flow sensor calibration check at least semiannually according to the manufacturer’s instructions.


(iv) At least monthly, inspect all components for integrity, all electrical connections for continuity, and all mechanical connections for leakage.


(b) You must install, operate, and maintain each CPMS for a wet scrubber according to the requirements in paragraphs (b)(1) through (3) of this section.


(1) Each CPMS must complete a minimum of one cycle of operation for each successive 15-minute period.


(2) Each CPMS must have valid data for at least 95 percent of every averaging period.


(3) Each CPMS must determine and record the hourly average of all recorded readings.


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

(a) Except for monitoring malfunctions, associated repairs, and required quality assurance or control activities (including, as applicable, calibration checks and required zero and span adjustments), you must monitor continuously (or collect data at all required intervals) at all times an affected source is operating.


(b) You may not use data recorded during monitoring malfunctions, associated repairs, and required quality assurance or control activities in data averages and calculations used to report emission or operating levels or to fulfill a minimum data availability requirement, if applicable. You must use all the data collected during all other periods in assessing compliance.


(c) A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions.


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

(a) For each affected source subject to an emission limit in Table 1 to this subpart, you must demonstrate continuous compliance according to the requirements in Table 4 to this subpart.


(b) For each wet scrubber subject to the operating limits for pressure drop and scrubber water flow rate in § 63.9890(b), you must demonstrate continuous compliance according to the requirements in paragraphs (b)(1) and (2) of this section.


(1) Collecting and reducing the monitoring data according to § 63.9921(b); and


(2) Maintaining the hourly average pressure drop and scrubber water flow rate at or above the minimum level established during the initial or subsequent performance.


(c) You must demonstrate continuous compliance with the work practice standards in § 63.9891 by operating according to the requirements in your fugitive dust emissions control plan and recording information needed to document conformance with the requirements.


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

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


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

(a) Deviations. You must report each instance in which you did not meet each emission limitation in § 63.9890 or work practice standard in § 63.9891 that applies to you. This includes periods of startup, shutdown, and malfunction. You must also report each instance in which you did not meet each operation and maintenance requirement required in § 63.9900 that applies to you. These instances are deviations from the emission limitations, work practice standards, and operation and maintenance requirements in this subpart. These deviations must be reported according to the requirements in § 63.9931.


(b) Startups, shutdowns, and malfunctions. (1) Consistent with §§ 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 § 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 § 63.6(e).


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


Notifications, Reports, and Records

§ 63.9930 What notifications must I submit and when?

(a) You must submit all of the notifications in §§ 63.7(b) and (c), 63.8(f)(4), 63.9(b), and 63.9(h) that apply to you by the specified dates.


(b) As specified in § 63.9(b)(2), if you start up your affected source before October 10, 2003, you must submit your initial notification no later than 120 calendar days after October 10, 2003, or no later than 120 days after the source becomes subject to this subpart, whichever is later.


(c) As specified in § 63.9(b)(3), if you start your new affected source on or after October 10, 2003, you must submit your initial notification no later that 120 calendar days after you become subject to this subpart.


(d) If you are required to conduct a performance test, you must submit a notification of intent to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin as required in § 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 § 63.9(h)(2)(ii), and the requirements in paragraphs (e)(1) and (2) of this section:


(1) For each initial compliance demonstration that does not include a performance test, you must submit the notification of compliance status before the close of business on the 30th calendar day following completion of the initial compliance demonstration.


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


[68 FR 58620, Oct. 10, 2003, as amended at 85 FR 73918, Nov. 19, 2020]


§ 63.9931 What reports must I submit and when?

(a) Compliance report due dates. Unless the Administrator has approved a different schedule, you must submit a semiannual compliance report to your permitting authority according to the requirements in paragraphs (a) (1) through (5) of this section.


(1) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in § 63.9883 and ending on June 30 or December 31, whichever date comes after the compliance date that is specified for your source in § 63.9883.


(2) The first compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date comes first after your compliance report is due.


(3) Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31.


(4) Each subsequent compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date comes first after the end of the semiannual reporting period.


(5) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (a)(1) through (4) of this section.


(b) Compliance report contents. Each compliance report must include the information in paragraphs (b)(1) through (3) of this section and, as applicable, paragraphs (b)(4) through (8) of this section.


(1) Company name and address.


(2) Statement by a responsible official, with that official’s name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report.


(3) Date of report and beginning and ending dates of the reporting period.


(4) If you had a startup, shutdown, or malfunction during the reporting period and you took actions consistent with your startup, shutdown, and malfunction plan, the compliance report must include the information in § 63.10(d)(5)(i).


(5) If there were no deviations from the continuous compliance requirements in §§ 63.9923 and 63.9924 that apply to you, a statement that there were no deviations from the emission limitations, work practice standards, or operation and maintenance requirements during the reporting period.


(6) If there were no periods during which a CPMS was out-of-control as specified in § 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 § 63.9890 that occurs at an affected source where you are not using a CPMS to comply with an emission limitation in this subpart, the compliance report must contain the information in paragraphs (b)(1) through (4) of this section and the information in paragraphs (b)(7)(i) and (ii) of this section. This includes periods of startup, shutdown, and malfunction.


(i) The total operating time of each affected source during the reporting period.


(ii) Information on the number, duration, and cause of deviations (including unknown cause, if applicable) as applicable and the corrective action taken.


(8) For each deviation from an emission limitation occurring at an affected source where you are using a CPMS to comply with the emission limitation in this subpart, you must include the information in paragraphs (b)(1) through (4) of this section and the information in paragraphs (b)(8)(i) through (xi) of this section. This includes periods of startup, shutdown, and malfunction.


(i) The date and time that each malfunction started and stopped.


(ii) The date and time that each continuous monitoring was inoperative, except for zero (low-level) and high-level checks.


(iii) The date, time, and duration that each continuous monitoring system was out-of-control, including the information in § 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 § 63.10(d)(5)(ii).


(d) Part 70 monitoring report. If you have obtained a title V operating permit for an affected source pursuant to 40 CFR part 70 or 40 CFR part 71, you must report all deviations as defined in this subpart in the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a compliance report for an affected source along with, or as part of, the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance report includes all the required information concerning deviations from any emissions limitation, work practice standards, or operation and maintenance requirement in this subpart, submission of the compliance report satisfies any obligation to report the same deviations in the semiannual monitoring report. However, submission of the compliance report does not otherwise affect any obligation you may have to report deviations from permit requirements for an affected source to your permitting authority.


§ 63.9932 What records must I keep?

(a) You must keep the records as indicated in paragraphs (a)(1) through (3) of this section:


(1) A copy of each notification and report that you submitted to comply with this subpart, including all documentation supporting any initial notification or notification of compliance status that you submitted, according to the requirements in § 63.10(b)(2)(xiv).


(2) The records in § 63.6(e)(3)(iii) through (v) related to startup, shutdown, and malfunction.


(3) Records of performance tests and performance evaluations as required in § 63.10(b)(2)(viii).


(b) You must keep the records required in §§ 63.9932 and 63.9933 to show continuous compliance with each emission limitation, work practice standard, and operating and maintenance requirement that applies to you.


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

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


(b) As specified in § 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 § 63.10(b)(1). You can keep the records off site for the remaining 3 years.


(d) You must keep your fugitive dust emissions control plan and your operation and maintenance plan on-site according to the requirements in §§ 63.9891(d) and 63.9900(c).


Other Requirements and Information

§ 63.9940 What parts of the General Provisions apply to me?

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


§ 63.9941 Who implements and enforces this subpart?

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


(b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of the EPA and are not transferred to the State, local, or tribal agency.


(c) The authorities that will not be delegated to State, local, or tribal agencies are specified in paragraphs (c)(1) through (4) of this section.


(1) Approval of alternatives to the non-opacity emission limitations in § 63.9890 and work practice standards in § 63.9891 under § 63.6(g).


(2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90.


(3) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.90.


(4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90.


§ 63.9942 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in § 63.2, and in this section as follows:


Chlorine plant bypass scrubber means the wet scrubber that captures chlorine gas during a chlorine plant shut down or failure.


Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source:


(1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emission limitation (including operating limits) or operation and maintenance requirement;


(2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or


(3) Fails to meet any emission limitation in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart.


Emission limitation means any emission limit, opacity limit, or operating limit.


Launder off-gas system means a system that collects chlorine and hydrochloric acid fumes from collection points within the melt/reactor system building. The system then removes particulate matter and hydrochloric acid from the collected gases prior to discharge to the atmosphere.


Magnesium chloride storage bins means vessels that store dried magnesium chloride powder produced from the spray drying operation.


Melt/reactor system means a system that melts and chlorinates dehydrated brine to produce high purity molten magnesium chloride feed for electrolysis.


Primary magnesium refining means the production of magnesium metal and magnesium metal alloys from natural sources of magnesium chloride such as sea water or water from the Great Salt Lake and magnesium bearing ores.


Responsible official means responsible official as defined in § 63.2.


Spray dryer means dryers that evaporate brine to form magnesium powder by contact with high temperature gases exhausted from gas turbines.


Wet scrubber means a device that contacts an exhaust gas with a liquid to remove particulate matter and acid gases from the exhaust. Examples are packed-bed wet scrubbers and venturi scrubbers.


Work practice standard means any design, equipment, work practice, or operational standard, or combination thereof, that is promulgated pursuant to section 112(h) of the Clean Air Act.


Table 1 to Subpart TTTTT of Part 63 – Emission Limits

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


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

Table 2 to Subpart TTTTT of Part 63 – Toxic Equivalency Factors

Dioxin/furan congener
Toxic equivalency factor
2,3,7,8-tetrachlorinated dibenzo-p-dioxin1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin1
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin0.01
octachlorinated dibenzo-p-dioxin0.0001
2,3,7,8-tetrachlorinated dibenzofuran0.1
2,3,4,7,8-pentachlorinated dibenzofuran0.5
1,2,3,7,8-pentachlorinated dibenzofuran0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran0.01
octachlorinated dibenzofuran0.0001

Table 3 to Subpart TTTTT of Part 63 – Initial Compliance With Emission Limits

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


For . . .
You have demonstrated initial compliance if . . .
1. Each spray dryer stacka. The average mass flow of particulate matter from the control system applied to emissions from each spray dryer, measured according to the performance test procedures in § 63.9913(c), did not exceed 100 lbs/hr; and
b. The average mass flow of hydrochloric acid from the control system applied to emissions from each spray dryer, determined according to the performance test procedures in § 63.9914(c), did not exceed 200 lbs/hr.
2. Each magnesium chloride storage bin scrubber stacka. The average mass flow of hydrochloric acid from the control system applied to the magnesium chloride storage bins scrubber exhaust, measured according to the performance test procedure in § 63.9914, did not exceed 47.5 lbs/hr and 0.35 gr/dscf; and
b. The average mass flow of PM10 from the control system applied to the magnesium chloride storage bins scrubber exhaust, determined according to the performance test procedures in § 63.9913, did not exceed 2.7 lbs/hr and 0.016 gr/dscf.
3. Each melt/reactor system stacka. The average mass flow of PM10 from the control system applied to the melt/reactor system exhaust, measured according to the performance test procedures in § 63.9913, did not exceed 13.1 lbs/hr; and
b. The average mass flow of hydrochloric acid from the control system applied to the melt/reactor system exhaust, measured according to the performance test procedures in § 63.9914, did not exceed 7.2 lbs/hr; and
c. The average mass flow of chlorine from the control system applied to the melt/reactor system exhaust, measured according to the performance test procedures in § 63.9914, did not exceed 100 lbs/hr.
d. The average concentration of dioxins/furans from the control system applied to the melt/reactor system exhaust, measured according to the performance test procedures in § 63.9915, did not exceed 36 ng TEQ/dscm corrected to 7% oxygen.
4. Each launder off-gas system stacka. The average mass flow of particulate matter from the control system applied to the launder off-gas system collection system exhaust, measured according to the performance test procedures in § 63.9913, did not exceed 37.5 lbs/hr; and
b. The average mass flow of hydrochloric acid from the control system applied to the launder off-gas system collection system exhaust, measured according to the performance test procedures in § 63.9914, did not exceed 46.0 lbs/hr; and
c. The average mass flow of chlorine from the control system applied to the launder off-gas system collection system exhaust, measured according to the performance test procedures in § 63.9914, did not exceed 26.0 lbs/hr.

Table 4 to Subpart TTTTT of Part 63 – Continuous Compliance With Emission Limits

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


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

Table 5 to Subpart TTTTT of Part 63 – Applicability of General Provisions to Subpart TTTTT of Part 63

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


Citation
Subject
Applies to Subpart

TTTTT
Explanation
63.1ApplicabilityYes.
63.2DefinitionsYes.
63.3Units and AbbreviationsYes.
63.4Prohibited ActivitiesYes.
63.5Construction and ReconstructionYes.
63.6(a)-(g)Compliance with Standards and Maintenance RequirementsYes.
63.6(h)Determining Compliance with Opacity and Visible Emission StandardsNo.
63.6(i)-(j)Extension of Compliance and Presidential Compliance ExemptionYes.
63.7(a)(1)-(2)Applicability and Performance Test DatesNoSubpart TTTTT specifies performance test applicability and dates.
63.7(a)(3), (b)-(h)Performance Testing RequirementsYes.
63.8 except for (a)(4),(c)(4), and (f)(6)Monitoring RequirementsYes.
63.8(a)(4)Additional Monitoring Requirements for Control Devices in § 63.11NoSubpart TTTTT does not require flares.
63.8(c)(4)Continuous Monitoring System RequirementsNoSubpart TTTTT specifies requirements for operation of CMS.
63.8(f)(6)Relative Accuracy Test Alternative (RATA)NoSubpart TTTTT does not require continuous emission monitoring systems.
63.9Notification RequirementsYes.
63.9(g)(5)Data ReductionNoSubpart TTTTT specifies data reduction requirements.
63.10 except for (b)(2)(xiii) and (c)(7)-(8)Recordkeeping and Reporting RequirementsYes.
63.10(b)(2)(xiii)Continuous Monitoring System (CMS) Records for RATA AlternativeNoSubpart TTTTT does not require continuous emission monitoring systems.
63.10(c)(7)-(8)Records of Excess Emissions and Parameter Monitoring Accedences for CMSNoSubpart TTTTT specifies recordkeeping requirements.
63.11Control Device RequirementsNoSubpart TTTTT does not require flares.
63.12State Authority and DelegationsYes.
63.13-63.15Addresses, Incorporation by Reference, Availability of InformationYes.

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


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

What This Subpart Covers

§ 63.9980 What is the purpose of this subpart?

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


§ 63.9981 Am I subject to this subpart?

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


§ 63.9982 What is the affected source of this subpart?

(a) This subpart applies to each individual or group of two or more new, reconstructed, or existing affected source(s) as described in paragraphs (a)(1) and (2) of this section within a contiguous area and under common control.


(1) The affected source of this subpart is the collection of all existing coal- or oil-fired EGUs, as defined in § 63.10042, within a subcategory.


(2) The affected source of this subpart is each new or reconstructed coal- or oil-fired EGU as defined in § 63.10042.


(b) An EGU is new if you commence construction of the coal- or oil-fired EGU after May 3, 2011.


(c) An EGU is reconstructed if you meet the reconstruction criteria as defined in § 63.2, and if you commence reconstruction after May 3, 2011.


(d) An EGU is existing if it is not new or reconstructed. An existing electric steam generating unit that meets the applicability requirements after April 16, 2012, due to a change in process (e.g., fuel or utilization) is considered to be an existing source under this subpart.


[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23402, Apr. 19, 2012; 78 FR 24084, Apr. 24, 2013; 85 FR 20850, Apr. 15, 2020]


§ 63.9983 Are any fossil fuel-fired electric generating units not subject to this subpart?

The types of electric steam generating units listed in paragraphs (a) through (d) of this section are not subject to this subpart.


(a) Any unit designated as a major source stationary combustion turbine subject to subpart YYYY of this part and any unit designated as an area source stationary combustion turbine, other than an integrated gasification combined cycle (IGCC) unit.


(b) Any electric utility steam generating unit that is not a coal- or oil-fired EGU and that meets the definition of a natural gas-fired EGU in § 63.10042.


(c) Any electric utility steam generating unit that has the capability of combusting more than 25 MW of coal or oil but does not meet the definition of a coal- or oil-fired EGU because it did not fire sufficient coal or oil to satisfy the average annual heat input requirement set forth in the definitions for coal-fired and oil-fired EGUs in § 63.10042. Heat input means heat derived from combustion of fuel in an EGU and does not include the heat derived from preheated combustion air, recirculated flue gases or exhaust gases from other sources (such as stationary gas turbines, internal combustion engines, and industrial boilers).


(d) Any electric steam generating unit combusting solid waste is a solid waste incineration unit subject to standards established under sections 129 and 111 of the Clean Air Act.


(e) Any electric utility steam generating unit that meets the definition of a natural gas-fired EGU under this subpart and that fires at least 10 percent biomass is an industrial boiler subject to standards established under subpart DDDDD of this part, if it otherwise meets the applicability provisions in that rule.


[77 FR 9464, Feb. 16, 2012, as amended at 81 FR 20180, Apr. 6, 2016]


§ 63.9984 When do I have to comply with this subpart?

(a) If you have a new or reconstructed EGU, you must comply with this subpart by April 16, 2012 or upon startup of your EGU, whichever is later, and as further provided for in § 63.10005(g).


(b) If you have an existing EGU, you must comply with this subpart no later than April 16, 2015, except as provided in paragraph (g) of this section.


(c) You must meet the notification requirements in § 63.10030 according to the schedule in § 63.10030 and in subpart A of this part. Some of the notifications must be submitted before you are required to comply with the emission limits and work practice standards in this subpart.


(d) An electric steam generating unit that does not meet the definition of an EGU subject to this subpart on April 16, 2012 for new sources or April 16, 2015 for existing sources must comply with the applicable existing source provisions of this subpart on the date such unit meets the definition of an EGU subject to this subpart.


(e) If you own or operate an electric steam generating unit that is exempted from this subpart under § 63.9983(d), if the manner of operating the unit changes such that the combustion of waste is discontinued and the unit becomes a coal-fired or oil-fired EGU (as defined in § 63.10042), you must be in compliance with this subpart on April 16, 2015 or on the effective date of the switch from waste combustion to coal or oil combustion, whichever is later.


(f) You must demonstrate that compliance has been achieved, by conducting the required performance tests and other activities, no later than 180 days after the applicable date in paragraph (a), (b), (c), (d), (e), or (g) of this section.


(g) If you own or operate an EGU that is in the Unit designed for eastern bituminous coal refuse (EBCR) subcategory as defined in § 63.10042, you must comply with the applicable hydrogen chloride (HCl) or sulfur dioxide (SO2) requirements of this subpart no later than April 15, 2020.


[77 FR 9464, Feb. 16, 2012, as amended at 85 FR 20850, Apr. 15, 2020]


§ 63.9985 What is a new EGU?

(a) A new EGU is an EGU that meets any of the criteria specified in paragraph (a)(1) through (a)(2) of this section.


(1) An EGU that commenced construction after May 3, 2011.


(2) An EGU that commenced reconstruction after May 3, 2011.


(b) [Reserved]


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


Emission Limitations and Work Practice Standards

§ 63.9990 What are the subcategories of EGUs?

(a) Coal-fired EGUs are subcategorized as defined in paragraphs (a)(1) through (3) of this section and as defined in § 63.10042.


(1) EGUs designed for coal with a heating value greater than or equal to 8,300 Btu/lb,


(2) EGUs designed for low rank virgin coal, and


(3) EGUs designed for EBCR.


(b) Oil-fired EGUs are subcategorized as noted in paragraphs (b)(1) through (b)(4) of this section and as defined in § 63.10042.


(1) Continental liquid oil-fired EGUs


(2) Non-continental liquid oil-fired EGUs,


(3) Limited-use liquid oil-fired EGUs, and


(4) EGUs designed to burn solid oil-derived fuel.


(c) IGCC units combusting either gasified coal or gasified solid oil-derived fuel. For purposes of compliance, monitoring, recordkeeping, and reporting requirements in this subpart, IGCC units are subject in the same manner as coal-fired units and solid oil-derived fuel-fired units, unless otherwise indicated.


[77 FR 9464, Feb. 16, 2012, as amended at 85 FR 20850, Apr. 15, 2020]


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

(a) You must meet the requirements in paragraphs (a)(1) and (2) of this section. You must meet these requirements at all times.


(1) You must meet each emission limit and work practice standard in Table 1 through 3 to this subpart that applies to your EGU, for each EGU at your source, except as provided under § 63.10009.


(2) You must meet each operating limit in Table 4 to this subpart that applies to your EGU.


(b) As provided in § 63.6(g), the Administrator may approve use of an alternative to the work practice standards in this section.


(c) You may use the alternate SO2 limit in Tables 1 and 2 to this subpart only if your EGU:


(1) Has a system using wet or dry flue gas desulfurization technology and an SO2 continuous emissions monitoring system (CEMS) installed on the EGU; and


(2) At all times, you operate the wet or dry flue gas desulfurization technology and the SO2 CEMS installed on the EGU consistent with § 63.10000(b).


[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23402, Apr. 19, 2012; 81 FR 20180, Apr. 6, 2016]


General Compliance Requirements

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

(a) You must be in compliance with the emission limits and operating limits in this subpart. These limits apply to you at all times except during periods of startup and shutdown; however, for coal-fired, liquid oil-fired, or solid oil-derived fuel-fired EGUs, you are required to meet the work practice requirements, items 3 and 4, in Table 3 to this subpart during periods of startup or shutdown.


(b) At all times you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the EPA Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source.


(c)(1) For coal-fired units, IGCC units, and solid oil-derived fuel-fired units, initial performance testing is required for all pollutants, to demonstrate compliance with the applicable emission limits.


(i) For a coal-fired or solid oil-derived fuel-fired EGU or IGCC EGU, you may conduct initial performance testing in accordance with § 63.10005(h), to determine whether the EGU qualifies as a low emitting EGU (LEE) for one or more applicable emission limits, except as otherwise provided in paragraphs (c)(1)(i)(A) and (B) of this section:


(A) Except as provided in paragraph (c)(1)(i)(C) of this section, you may not pursue the LEE option if your coal-fired, IGCC, or solid oil-derived fuel-fired EGU is equipped with a main stack and a bypass stack or bypass duct configuration that allows the effluent to bypass any pollutant control device.


(B) You may not pursue the LEE option for Hg if your coal-fired, solid oil-derived fuel-fired EGU or IGCC EGU is new.


(C) You may pursue the LEE option provided that:


(1) Your EGU’s control device bypass emissions are measured in the bypass stack or duct or your control device bypass exhaust is routed through the EGU main stack so that emissions are measured during the bypass event; or


(2) Except for hours during which only clean fuel is combusted, you bypass your EGU control device only during emergency periods for no more than a total of 2 percent of your EGU’s annual operating hours; you use clean fuels to the maximum extent possible during an emergency period; and you prepare and submit a report describing the emergency event, its cause, corrective action taken, and estimates of emissions released during the emergency event. You must include these emergency emissions along with performance test results in assessing whether your EGU maintains LEE status.


(ii) For a qualifying LEE for Hg emissions limits, you must conduct a 30-day performance test using Method 30B at least once every 12 calendar months to demonstrate continued LEE status.


(iii) For a qualifying LEE of any other applicable emissions limits, you must conduct a performance test at least once every 36 calendar months to demonstrate continued LEE status.


(iv) If your coal-fired or solid oil derived fuel-fired EGU or IGCC EGU does not qualify as a LEE for total non-mercury HAP metals, individual non-mercury HAP metals, or filterable particulate matter (PM), you must demonstrate compliance through an initial performance test and you must monitor continuous performance through either use of a particulate matter continuous parametric monitoring system (PM CPMS), a PM CEMS, or, for an existing EGU, compliance performance testing repeated quarterly.


(v) If your coal-fired or solid oil-derived fuel-fired EGU does not qualify as a LEE for hydrogen chloride (HCl), you may demonstrate initial and continuous compliance through use of an HCl CEMS, installed and operated in accordance with Appendix B to this subpart. As an alternative to HCl CEMS, you may demonstrate initial and continuous compliance by conducting an initial and periodic quarterly performance stack test for HCl. If your EGU uses wet or dry flue gas desulfurization technology (this includes limestone injection into a fluidized bed combustion unit), you may apply a second alternative to HCl CEMS by installing and operating a sulfur dioxide (SO2) CEMS installed and operated in accordance with part 75 of this chapter to demonstrate compliance with the applicable SO2 emissions limit.


(vi) If your coal-fired or solid oil-derived fuel-fired EGU does not qualify as a LEE for Hg, you must demonstrate initial and continuous compliance through use of a Hg CEMS or a sorbent trap monitoring system, in accordance with appendix A to this subpart.


(A) You may choose to use separate sorbent trap monitoring systems to comply with this subpart: One sorbent trap monitoring system to demonstrate compliance with the numeric mercury emissions limit during periods other than startup or shutdown and the other sorbent trap monitoring system to report average mercury concentration during startup periods or shutdown periods.


(B) You may choose to use one sorbent trap monitoring system to demonstrate compliance with the mercury emissions limit at all times (including startup periods and shutdown periods) and to report average mercury concentration. You must follow the startup or shutdown requirements that follow and as given in Table 3 to this subpart for each coal-fired, liquid oil-fired, or solid oil-derived fuel-fired EGU.


(2) For liquid oil-fired EGUs, except limited use liquid oil-fired EGUs, initial performance testing is required for all pollutants, to demonstrate compliance with the applicable emission limits.


(i) For an existing liquid oil-fired unit, you may conduct the performance testing in accordance with § 63.10005(h), to determine whether the unit qualifies as a LEE for one or more pollutants. For a qualifying LEE for Hg emissions limits, you must conduct a 30-day performance test using Method 30B at least once every 12 calendar months to demonstrate continued LEE status. For a qualifying LEE of any other applicable emissions limits, you must conduct a performance test at least once every 36 calendar months to demonstrate continued LEE status.


(ii) If your liquid oil-fired unit does not qualify as a LEE for total HAP metals (including mercury), individual metals (including mercury), or filterable PM you must demonstrate compliance through an initial performance test and you must monitor continuous performance through either use of a PM CPMS, a PM CEMS, or, for an existing EGU, performance testing conducted quarterly.


(iii) If your existing liquid oil-fired unit does not qualify as a LEE for hydrogen chloride (HCl) or for hydrogen fluoride (HF), you may demonstrate initial and continuous compliance through use of an HCl CEMS, an HF CEMS, or an HCl and HF CEMS, installed and operated in accordance with Appendix B to this rule. As an alternative to HCl CEMS, HF CEMS, or HCl and HF CEMS, you may demonstrate initial and continuous compliance through quarterly performance testing and parametric monitoring for HCl and HF. If you choose to use quarterly testing and parametric monitoring, then you must also develop a site-specific monitoring plan that identifies the CMS you will use to ensure that the operations of the EGU remains consistent with those during the performance test. As another alternative, you may measure or obtain, and keep records of, fuel moisture content; as long as fuel moisture does not exceed 1.0 percent by weight, you need not conduct other HCl or HF monitoring or testing.


(iv) If your unit qualifies as a limited-use liquid oil-fired as defined in § 63.10042, then you are not subject to the emission limits in Tables 1 and 2, but you must comply with the performance tune-up work practice requirements in Table 3.


(d)(1) If you demonstrate compliance with any applicable emissions limit through use of a continuous monitoring system (CMS), where a CMS includes a continuous parameter monitoring system (CPMS) as well as a continuous emissions monitoring system (CEMS), you must develop a site-specific monitoring plan and submit this site-specific monitoring plan, if requested, at least 60 days before your initial performance evaluation (where applicable) of your CMS. This requirement also applies to you if you petition the Administrator for alternative monitoring parameters under § 63.8(f). This requirement to develop and submit a site-specific monitoring plan does not apply to affected sources with existing monitoring plans that apply to CEMS and CPMS prepared under appendix B to part 60 or part 75 of this chapter, and that meet the requirements of § 63.10010. Using the process described in § 63.8(f)(4), you may request approval of monitoring system quality assurance and quality control procedures alternative to those specified in this paragraph of this section and, if approved, include those in your site-specific monitoring plan. The monitoring plan must address the provisions in paragraphs (d)(2) through (5) of this section.


(2) The site-specific monitoring plan shall include the information specified in paragraphs (d)(5)(i) through (d)(5)(vii) of this section. Alternatively, the requirements of paragraphs (d)(5)(i) through (d)(5)(vii) are considered to be met for a particular CMS or sorbent trap monitoring system if:


(i) The CMS or sorbent trap monitoring system is installed, certified, maintained, operated, and quality-assured either according to part 75 of this chapter, or appendix A or B to this subpart; and


(ii) The recordkeeping and reporting requirements of part 75 of this chapter, or appendix A or B to this subpart, that pertain to the CMS are met.


(3) If requested by the Administrator, you must submit the monitoring plan (or relevant portion of the plan) at least 60 days before the initial performance evaluation of a particular CMS, except where the CMS has already undergone a performance evaluation that meets the requirements of § 63.10010 (e.g., if the CMS was previously certified under another program).


(4) You must operate and maintain the CMS according to the site-specific monitoring plan.


(5) The provisions of the site-specific monitoring plan must address the following items:


(i) Installation of the CMS or sorbent trap monitoring system sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device). See § 63.10010(a) for further details. For PM CPMS installations, follow the procedures in § 63.10010(h).


(ii) Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer, and the data collection and reduction systems.


(iii) Schedule for conducting initial and periodic performance evaluations.


(iv) Performance evaluation procedures and acceptance criteria (e.g., calibrations), including the quality control program in accordance with the general requirements of § 63.8(d).


(v) On-going operation and maintenance procedures, in accordance with the general requirements of §§ 63.8(c)(1)(ii), (c)(3), and (c)(4)(ii).


(vi) Conditions that define a CMS that is out of control consistent with § 63.8(c)(7)(i) where appropriate, and for responding to out of control periods consistent with §§ 63.8(c)(7)(ii) and (c)(8).


(vii) On-going recordkeeping and reporting procedures, in accordance with the general requirements of §§ 63.10(c), (e)(1), and (e)(2)(i), or as specifically required under this subpart.


(e) As part of your demonstration of continuous compliance, you must perform periodic tune-ups of your EGU(s), according to § 63.10021(e).


(f) Except as provided under paragraph (n) of this section, you are subject to the requirements of this subpart for at least 6 months following the last date you met the definition of an EGU subject to this subpart (e.g., 6 months after a cogeneration unit provided more than one third of its potential electrical output capacity and more than 25 megawatts electrical output to any power distributions system for sale). You may opt to remain subject to the provisions of this subpart beyond 6 months after the last date you met the definition of an EGU subject to this subpart, unless your unit is a solid waste incineration unit subject to standards under CAA section 129 (e.g., 40 CFR part 60, subpart CCCC (New Source Performance Standards (NSPS) for Commercial and Industrial Solid Waste Incineration Units, or subpart DDDD (Emissions Guidelines (EG) for Existing Commercial and Industrial Solid Waste Incineration Units). Notwithstanding the provisions of this subpart, an EGU that starts combusting solid waste is immediately subject to standards under CAA section 129 and the EGU remains subject to those standards until the EGU no longer meets the definition of a solid waste incineration unit consistent with the provisions of the applicable CAA section 129 standards.


(g) Except as provided under paragraph (n) of this section, if your unit no longer meets the definition of an EGU subject to this subpart you must be in compliance with any newly applicable standards on the date you are no longer subject to this subpart. The date you are no longer subject to this subpart is a date selected by you, that must be at least 6 months from the date that your unit last met the definition of an EGU subject to this subpart or the date you begin combusting solid waste, consistent with § 63.9983(d). Your source must remain in compliance with this subpart until the date you select to cease complying with this subpart or the date you begin combusting solid waste, whichever is earlier.


(h)(1) If you own or operate an EGU that does not meet the definition of an EGU subject to this subpart on April 16, 2015, and you commence or recommence operations that cause you to meet the definition of an EGU subject to this subpart, you are subject to the provisions of this subpart, including, but not limited to, the emission limitations and the monitoring requirements, as of the first day you meet the definition of an EGU subject to this subpart. You must complete all initial compliance demonstrations for this subpart applicable to your EGU within 180 days after you commence or recommence operations that cause you to meet the definition of an EGU subject to this subpart.


(2) You must provide 30 days prior notice of the date you intend to commence or recommence operations that cause you to meet the definition of an EGU subject to this subpart. The notification must identify:


(i) The name of the owner or operator of the EGU, the location of the facility, the unit(s) that will commence or recommence operations that will cause the unit(s) to meet the definition of an EGU subject to this subpart, and the date of the notice;


(ii) The 40 CFR part 60, part 62, or part 63 subpart and subcategory currently applicable to your unit(s), and the subcategory of this subpart that will be applicable after you commence or recommence operation that will cause the unit(s) to meet the definition of an EGU subject to this subpart;


(iii) The date on which you became subject to the currently applicable emission limits;


(iv) The date upon which you will commence or recommence operations that will cause your unit to meet the definition of an EGU subject to this subpart, consistent with paragraph (f) of this section.


(i)(1) If you own or operate an EGU subject to this subpart and cease to operate in a manner that causes your unit to meet the definition of an EGU subject to this subpart, you must be in compliance with any newly applicable section 112 or 129 standards on the date you selected consistent with paragraphs (g) and (n) of this section.


(2) You must provide 30 days prior notice of the date your EGU will cease complying with this subpart. The notification must identify:


(i) The name of the owner or operator of the EGU(s), the location of the facility, the EGU(s) that will cease complying with this subpart, and the date of the notice;


(ii) The currently applicable subcategory under this subpart, and any 40 CFR part 60, part 62, or part 63 subpart and subcategory that will be applicable after you cease complying with this subpart;


(iii) The date on which you became subject to this subpart;


(iv) The date upon which you will cease complying with this subpart, consistent with paragraph (g) of this section.


(j) All air pollution control equipment necessary for compliance with any newly applicable emissions limits which apply as a result of the cessation or commencement or recommencement of operations that cause your EGU to meet the definition of an EGU subject to this subpart must be installed and operational as of the date your source ceases to be or becomes subject to this subpart.


(k) All monitoring systems necessary for compliance with any newly applicable monitoring requirements which apply as a result of the cessation or commencement or recommencement of operations that cause your EGU to meet the definition of an EGU subject to this subpart must be installed and operational as of the date your source ceases to be or becomes subject to this subpart. All calibration and drift checks must be performed as of the date your source ceases to be or becomes subject to this subpart. You must also comply with provisions of §§ 63.10010, 63.10020, and 63.10021 of this subpart. Relative accuracy tests must be performed as of the performance test deadline for PM CEMS, if applicable. Relative accuracy testing for other CEMS need not be repeated if that testing was previously performed consistent with CAA section 112 monitoring requirements or monitoring requirements under this subpart.


(l) On or before the date an EGU is subject to this subpart, you must install, certify, operate, maintain, and quality assure each monitoring system necessary for demonstrating compliance with the work practice standards for PM or non-mercury HAP metals during startup periods and shutdown periods. You must collect, record, report, and maintain data obtained from these monitoring systems during startup periods and shutdown periods.


(m) Should you choose to rely on paragraph (2) of the definition of “startup” in § 63.10042 for your EGU, on or before the date your EGU is subject to this subpart, you must install, verify, operate, maintain, and quality assure each monitoring system necessary for demonstrating compliance with the work practice standards for PM or non-mercury HAP metals controls during startup periods and shutdown periods required to comply with § 63.10020(e).


(1) You may rely on monitoring system specifications or instructions or manufacturer’s specifications when installing, verifying, operating, maintaining, and quality assuring each monitoring system.


(2) You must collect, record, report, and maintain data obtained from these monitoring systems during startup periods and shutdown periods.


(n) If you have permanently converted your EGU from coal or oil to natural gas or biomass after your compliance date (or, if applicable, after your approved extended compliance date), as demonstrated by being subject to a permit provision or physical limitation (including retirement) that prevents you from operating in a manner that would subject you to this subpart, you are no longer subject to this subpart, notwithstanding the coal or oil usage in the previous calendar years. The date on which you are no longer subject to this subpart is the date on which you converted to natural gas or biomass firing; it is also the date on which you must be in compliance with any newly applicable standards.


[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23402, Apr. 19, 2012; 78 FR 24084, Apr. 24, 2013; 79 FR 68788, Nov. 19, 2014; 81 FR 20180, Apr. 6, 2016; 85 FR 55757, Sept. 9, 2020]


§ 63.10001 [Reserved]

Testing and Initial Compliance Requirements

§ 63.10005 What are my initial compliance requirements and by what date must I conduct them?

(a) General requirements. For each of your affected EGUs, you must demonstrate initial compliance with each applicable emissions limit in Table 1 or 2 of this subpart through performance testing. Where two emissions limits are specified for a particular pollutant (e.g., a heat input-based limit in lb/MMBtu and a gross output-based limit in lb/MWh), you may demonstrate compliance with either emission limit. For a particular compliance demonstration, you may be required to conduct one or more of the following activities in conjunction with performance testing: collection of data, e.g., hourly gross output data (megawatts); establishment of operating limits according to § 63.10011 and Tables 4 and 7 to this subpart; and CMS performance evaluations. In all cases, you must demonstrate initial compliance no later than the date in paragraph (f) of this section for tune-up work practices for existing EGUs; the date that compliance must be demonstrated, as given in § 63.9984 for other requirements for existing EGUs; and in paragraph (g) of this section for all requirements for new EGUs.


(1) To demonstrate initial compliance with an applicable emissions limit in Table 1 or 2 to this subpart using stack testing, the initial performance test generally consists of three runs at specified process operating conditions using approved methods. If you are required to establish operating limits (see paragraph (d) of this section and Table 4 to this subpart), you must collect all applicable parametric data during the performance test period. Also, if you choose to comply with an electrical output-based emission limit, you must collect hourly electrical load data during the test period.


(2) To demonstrate initial compliance using either a CMS that measures HAP concentrations directly (i.e., an Hg, HCl, or HF CEMS, or a sorbent trap monitoring system) or an SO2 or PM CEMS, the initial performance test shall consist of 30- or, if applicable for Hg, 90-boiler operating days.

If the CMS is certified prior to the compliance date (or, if applicable, the approved extended compliance date), the test shall begin with the first operating day on or after that date, except as otherwise provided in paragraph (b) of this section. If the CMS is not certified prior to the compliance date, the test shall begin with the first operating day after certification testing is successfully completed. In all cases, the initial 30- or 90- operating day averaging period must be completed on or before the date that compliance must be demonstrated (i.e., 180 days after the applicable compliance date).


(i) The CMS performance test must demonstrate compliance with the applicable Hg, HCl, HF, PM, or SO2 emissions limit in Table 1 or 2 to this subpart.


(ii) You must collect hourly data from auxiliary monitoring systems (i.e., stack gas flow rate, CO2, O2, or moisture, as applicable) during the performance test period, in order to convert the pollutant concentrations to units of the standard. If you choose to comply with a gross output-based emission limit, you must also collect hourly gross output data during the performance test period.


(iii) For a group of affected units that are in the same subcategory, are subject to the same emission standards, and share a common stack, if you elect to demonstrate compliance by monitoring emissions at the common stack, startup and shutdown emissions (if any) that occur during the 30-(or, if applicable, 90-) boiler operating day performance test must either be excluded from or included in the compliance demonstration as follows:


(A) If one of the units that shares the stack either starts up or shuts down at a time when none of the other units is operating, you must exclude all pollutant emission rates measured during the startup or shutdown period, unless you are using a sorbent trap monitoring system to measure Hg emissions and have elected to include startup and shutdown emissions in the compliance demonstrations;


(B) If all units that are currently operating are in the startup or shutdown mode, you must exclude all pollutant emission rates measured during the startup or shutdown period, unless you are using a sorbent trap monitoring system to measure Hg emissions and have elected to include startup and shutdown emissions in the compliance demonstrations; or


(C) If any unit starts up or shuts down at a time when another unit is operating, and the other unit is not in the startup or shutdown mode, you must include all pollutant emission rates measured during the startup or shutdown period in the compliance demonstrations.


(b) Performance testing requirements. If you choose to use performance testing to demonstrate initial compliance with the applicable emissions limits in Tables 1 and 2 to this subpart for your EGUs, you must conduct the tests according to 40 CFR 63.10007 and Table 5 to this subpart. Notwithstanding these requirements, when Table 5 specifies the use of isokinetic EPA test Method 5, 5D, 26A, or 29 for a stack test, if concurrent measurement of the stack gas flow rate or moisture content is needed to convert the pollutant concentrations to units of the standard, separate determination of these parameters using EPA test Method 2 or EPA test Method 4 is not necessary. Instead, the stack gas flow rate and moisture content can be determined from data that are collected during the EPA test Method 5, 5D, 6, 26A, or 29 test (e.g., pitot tube (delta P) readings, moisture collected in the impingers, etc.). For the purposes of the initial compliance demonstration, you may use test data and results from a performance test conducted prior to the date on which compliance is required as specified in 40 CFR 63.9984, provided that the following conditions are fully met:


(1) For a performance test based on stack test data, the test was conducted no more than 12 calendar months prior to the date on which compliance is required as specified in § 63.9984;


(2) For a performance test based on data from a certified CEMS or sorbent trap monitoring system, the test consists of all valid CMS data recorded in the 30 boiler operating days immediately preceding that date;


(3) The performance test was conducted in accordance with all applicable requirements in § 63.10007 and Table 5 to this subpart;


(4) A record of all parameters needed to convert pollutant concentrations to units of the emission standard (e.g., stack flow rate, diluent gas concentrations, hourly gross outputs) is available for the entire performance test period; and


(5) For each performance test based on stack test data, you certify, and keep documentation demonstrating, that the EGU configuration, control devices, and fuel(s) have remained consistent with conditions since the prior performance test was conducted.


(6) For performance stack test data that are collected prior to the date that compliance must be demonstrated and are used to demonstrate initial compliance with applicable emissions limits, the interval for subsequent stack tests begins on the date that compliance must be demonstrated.


(c) Operating limits. In accordance with § 63.10010 and Table 4 to this subpart, you may be required to establish operating limits using PM CPMS and using site-specific monitoring for certain liquid oil-fired units as part of your initial compliance demonstration.


(d) CMS requirements. If, for a particular emission or operating limit, you are required to (or elect to) demonstrate initial compliance using a continuous monitoring system, the CMS must pass a performance evaluation prior to the initial compliance demonstration. If a CMS has been previously certified under another state or federal program and is continuing to meet the on-going quality-assurance (QA) requirements of that program, then, provided that the certification and QA provisions of that program meet the applicable requirements of §§ 63.10010(b) through (h), an additional performance evaluation of the CMS is not required under this subpart.


(1) For an affected coal-fired, solid oil-derived fuel-fired, or liquid oil-fired EGU, you may demonstrate initial compliance with the applicable SO2, HCl, or HF emissions limit in Table 1 or 2 to this subpart through use of an SO2, HCl, or HF CEMS installed and operated in accordance with part 75 of this chapter or appendix B to this subpart, as applicable. You may also demonstrate compliance with a filterable PM emission limit in Table 1 or 2 to this subpart through use of a PM CEMS installed, certified, and operated in accordance with § 63.10010(i). Initial compliance is achieved if the arithmetic average of 30-boiler operating days of quality-assured CEMS data, expressed in units of the standard (see § 63.10007(e)), meets the applicable SO2, PM, HCl, or HF emissions limit in Table 1 or 2 to this subpart. Use Equation 19-19 of Method 19 in appendix A-7 to part 60 of this chapter to calculate the 30-boiler operating day average emissions rate. (Note: For this calculation, the term Ehj in Equation 19-19 must be in the same units of measure as the applicable HCl or HF emission limit in Table 1 or 2 to this subpart).


(2) For affected coal-fired or solid oil-derived fuel-fired EGUs that demonstrate compliance with the applicable emission limits for total non-mercury HAP metals, individual non-mercury HAP metals, total HAP metals, individual HAP metals, or filterable PM listed in Table 1 or 2 to this subpart using initial performance testing and continuous monitoring with PM CPMS:


(i) You must demonstrate initial compliance no later than the applicable date specified in § 63.9984(f) for existing EGUs and in paragraph (g) of this section for new EGUs.


(ii) You must demonstrate continuous compliance with the PM CPMS site-specific operating limit that corresponds to the results of the performance test demonstrating compliance with the emission limit with which you choose to comply.


(iii) You must repeat the performance test annually for the selected pollutant emissions limit and reassess and adjust the site-specific operating limit in accordance with the results of the performance test.


(3) For affected EGUs that are either required to or elect to demonstrate initial compliance with the applicable Hg emission limit in Table 1 or 2 of this subpart using Hg CEMS or sorbent trap monitoring systems, initial compliance must be demonstrated no later than the applicable date specified in § 63.9984(f) for existing EGUs and in paragraph (g) of this section for new EGUs. Initial compliance is achieved if the arithmetic average of 30- (or 90-) boiler operating days of quality-assured CEMS (or sorbent trap monitoring system) data, expressed in units of the standard (see section 6.2 of appendix A to this subpart), meets the applicable Hg emission limit in Table 1 or 2 to this subpart.


(4) For affected liquid oil-fired EGUs that demonstrate compliance with the applicable emission limits for HCl or HF listed in Table 1 or 2 to this subpart using quarterly testing and continuous monitoring with a CMS:


(i) You must demonstrate initial compliance no later than the applicable date specified in § 63.9984(f) for existing EGUs and in paragraph (g) of this section for new EGUs.


(ii) You must demonstrate continuous compliance with the CMS site-specific operating limit that corresponds to the results of the performance test demonstrating compliance with the HCl or HF emissions limit.


(iii) You must repeat the performance test annually for the HCl or HF emissions limit and reassess and adjust the site-specific operating limit in accordance with the results of the performance test.


(e) Tune-ups. All affected EGUs are subject to the work practice standards in Table 3 of this subpart. As part of your initial compliance demonstration, you must conduct a performance tune-up of your EGU according to § 63.10021(e).


(f) For an existing EGU without a neural network, a tune-up, following the procedures in § 63.10021(e), must occur within 6 months (180 days) after April 16, 2015. For an existing EGU with a neural network, a tune-up must occur within 18 months (545 days) after April 16, 2016. If a tune-up occurs prior to April 16, 2015, you must keep records showing that the tune-up met all rule requirements.


(g) If your new or reconstructed affected source commenced construction or reconstruction between May 3, 2011, and July 2, 2011, you must demonstrate initial compliance with either the proposed emission limits or the promulgated emission limits no later than 180 days after April 16, 2012 or within 180 days after startup of the source, whichever is later, according to § 63.7(a)(2)(ix).


(1) For the new or reconstructed affected source described in this paragraph (g), if you choose to comply with the proposed emission limits when demonstrating initial compliance, you must conduct a second compliance demonstration for the promulgated emission limits within 3 years after April 16, 2012 or within 3 years after startup of the affected source, whichever is later.


(2) If your new or reconstructed affected source commences construction or reconstruction after April 16, 2012, you must demonstrate initial compliance with the promulgated emission limits no later than 180 days after startup of the source.


(h) Low emitting EGUs. The provisions of this paragraph (h) apply to pollutants with emissions limits from new EGUs except Hg and to all pollutants with emissions limits from existing EGUs. You may pursue this compliance option unless prohibited pursuant to § 63.10000(c)(1)(i).


(1) An EGU may qualify for low emitting EGU (LEE) status for Hg, HCl, HF, filterable PM, total non-Hg HAP metals, or individual non-Hg HAP metals (or total HAP metals or individual HAP metals, for liquid oil-fired EGUs) if you collect performance test data that meet the requirements of this paragraph (h), and if those data demonstrate:


(i) For all pollutants except Hg, performance test emissions results less than 50 percent of the applicable emissions limits in Table 1 or 2 to this subpart for all required testing for 3 consecutive years; or


(ii) For Hg emissions from an existing EGU, either:


(A) Average emissions less than 10 percent of the applicable Hg emissions limit in Table 2 to this subpart (expressed either in units of lb/TBtu or lb/GWh); or


(B) Potential Hg mass emissions of 29.0 or fewer pounds per year and compliance with the applicable Hg emission limit in Table 2 to this subpart (expressed either in units of lb/TBtu or lb/GWh).


(2) For all pollutants except Hg, you must conduct all required performance tests described in § 63.10007 to demonstrate that a unit qualifies for LEE status.


(i) When conducting emissions testing to demonstrate LEE status, you must increase the minimum sample volume specified in Table 1 or 2 nominally by a factor of two.


(ii) Follow the instructions in § 63.10007(e) and Table 5 to this subpart to convert the test data to the units of the applicable standard.


(3) For Hg, you must conduct a 30- (or 90-) boiler operating day performance test using Method 30B in appendix A-8 to part 60 of this chapter to determine whether a unit qualifies for LEE status. Locate the Method 30B sampling probe tip at a point within 10 percent of the duct area centered about the duct’s centroid at a location that meets Method 1 in appendix A-1 to part 60 of this chapter and conduct at least three nominally equal length test runs over the 30- (or 90-) boiler operating day test period. You may use a pair of sorbent traps to sample the stack gas for a period consistent with that given in section 5.2.1 of appendix A to this subpart. Collect Hg emissions data continuously over the entire test period (except when changing sorbent traps or performing required reference method QA procedures). As an alternative to constant rate sampling per Method 30B, you may use proportional sampling per section 8.2.2 of Performance Specification 12 B in appendix B to part 60 of this chapter.


(i) Depending on whether you intend to assess LEE status for Hg in terms of the lb/TBtu or lb/GWh emission limit in Table 2 to this subpart or in terms of the annual Hg mass emissions limit of 29.0 lb/year, you will have to collect some or all of the following data during the 30-boiler operating day test period (see paragraph (h)(3)(iii) of this section):


(A) Diluent gas (CO2 or O2) data, using either Method 3A in appendix A-3 to part 60 of this chapter or a diluent gas monitor that has been certified according to part 75 of this chapter.


(B) Stack gas flow rate data, using either Method 2, 2F, or 2G in appendices A-1 and A-2 to part 60 of this chapter, or a flow rate monitor that has been certified according to part 75 of this chapter.


(C) Stack gas moisture content data, using either Method 4 in appendix A-1 to part 60 of this chapter, or a moisture monitoring system that has been certified according to part 75 of this chapter. Alternatively, an appropriate fuel-specific default moisture value from § 75.11(b) of this chapter may be used in the calculations or you may petition the Administrator under § 75.66 of this chapter for use of a default moisture value for non-coal-fired units.


(D) Hourly gross output data (megawatts), from facility records.


(ii) If you use CEMS to measure CO2 (or O2) concentration, and/or flow rate, and/or moisture, record hourly average values of each parameter throughout the 30-boiler operating day test period. If you opt to use EPA reference methods rather than CEMS for any parameter, you must perform at least one representative test run on each operating day of the test period, using the applicable reference method.


(iii) Calculate the average Hg concentration, in µg/m
3 (dry basis), for each of LEE test runs comprising the 30- (or 90-) boiler operating day performance test, as the arithmetic average of all Method 30B sorbent trap results from the LEE test period. Also calculate, as applicable, the average values of CO2 or O2 concentration, stack gas flow rate, stack gas moisture content, and gross output for the LEE test period. Then:


(A) To express the test results in units of lb/TBtu, follow the procedures in § 63.10007(e). Use the average Hg concentration and diluent gas values in the calculations.


(B) To express the test results in units of lb/GWh, use Equations A-3 and A-4 in section 6.2.2 of appendix A to this subpart, replacing the hourly values “Ch”, “Qh”, “Bws” and “(MW)h” with the average values of these parameters from the performance test.


(C) To calculate pounds of Hg per year, use one of the following methods:


(1) Multiply the average lb/TBtu Hg emission rate (determined according to paragraph (h)(3)(iii)(A) of this section) by the maximum potential annual heat input to the unit (TBtu), which is equal to the maximum rated unit heat input (TBtu/hr) times 8,760 hours. If the maximum rated heat input value is expressed in units of MMBtu/hr, multiply it by 10 −6 to convert it to TBtu/hr; or


(2) Multiply the average lb/GWh Hg emission rate (determined according to paragraph (h)(3)(iii)(B) of this section) by the maximum potential annual electricity generation (GWh), which is equal to the maximum rated electrical output of the unit (GW) times 8,760 hours. If the maximum rated electrical output value is expressed in units of MW, multiply it by 10 −3 to convert it to GW; or


(3) If an EGU has a federally-enforceable permit limit on either the annual heat input or the number of annual operating hours, you may modify the calculations in paragraph (h)(3)(iii)(C)(1) of this section by replacing the maximum potential annual heat input or 8,760 unit operating hours with the permit limit on annual heat input or operating hours (as applicable).


(4) For a group of affected units that vent to a common stack, you may either assess LEE status for the units individually by performing a separate emission test of each unit in the duct leading from the unit to the common stack, or you may perform a single emission test in the common stack. If you choose the common stack testing option, the units in the configuration qualify for LEE status if:


(i) The emission rate measured at the common stack is less than 50 percent (10 percent for Hg) of the applicable emission limit in Table 1 or 2 to this subpart; or


(ii) For Hg from an existing EGU, the applicable Hg emission limit in Table 2 to this subpart is met and the potential annual mass emissions, calculated according to paragraph (h)(3)(iii) of this section (with some modifications), are less than or equal to 29.0 pounds times the number of units sharing the common stack. Base your calculations on the combined heat input capacity of all units sharing the stack (i.e., either the combined maximum rated value or, if applicable, a lower combined value restricted by permit conditions or operating hours).


(5) For an affected unit with a multiple stack or duct configuration in which the exhaust stacks or ducts are downstream of all emission control devices, you must perform a separate emission test in each stack or duct. The unit qualifies for LEE status if:


(i) The emission rate, based on all test runs performed at all of the stacks or ducts, is less than 50 percent (10 percent for Hg) of the applicable emission limit in Table 1 or 2 to this subpart; or


(ii) For Hg from an existing EGU, the applicable Hg emission limit in Table 2 to this subpart is met and the potential annual mass emissions, calculated according to paragraph (h)(3)(iii) of this section, are less than or equal to 29.0 pounds. Use the average Hg emission rate from paragraph (h)(5)(i) of this section in your calculations.


(i) Liquid-oil fuel moisture measurement. If your EGU combusts liquid fuels, if your fuel moisture content is no greater than 1.0 percent by weight, and if you would like to demonstrate initial and ongoing compliance with HCl and HF emissions limits, you must meet the requirements of paragraphs (i)(1) through (5) of this section.


(1) Measure fuel moisture content of each shipment of fuel if your fuel arrives on a batch basis; or


(2) Measure fuel moisture content daily if your fuel arrives on a continuous basis; or


(3) Obtain and maintain a fuel moisture certification from your fuel supplier.


(4) Use one of the following methods to determine fuel moisture content:


(i) ASTM D95-05 (Reapproved 2010), “Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation,” or


(ii) ASTM D4006-11, “Standard Test Method for Water in Crude Oil by Distillation,” including Annex A1 and Appendix A1.


(5) Use one of the following methods to obtain fuel moisture samples:


(i) ASTM D4177-95 (Reapproved 2010), “Standard Practice for Automatic Sampling of Petroleum and Petroleum Products,” including Annexes A1 through A6 and Appendices X1 and X2, or


(ii) ASTM D4057-06 (Reapproved 2011), “Standard Practice for Manual Sampling of Petroleum and Petroleum Products,” including Annex A1.


(6) Should the moisture in your liquid fuel be more than 1.0 percent by weight, you must


(i) Conduct HCl and HF emissions testing quarterly (and monitor site-specific operating parameters as provided in § 63.10000(c)(2)(iii) or


(ii) Use an HCl CEMS and/or HF CEMS.


(j) Startup and shutdown for coal-fired or solid oil derived-fired units. You must follow the requirements given in Table 3 to this subpart.


(k) You must submit a Notification of Compliance Status summarizing the results of your initial compliance demonstration, as provided in § 63.10030.


[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23403, Apr. 19, 2012; 78 FR 24084, Apr. 24, 2013; 79 FR 68789, Nov. 19, 2014; 81 FR 20181, Apr. 6, 2016; 85 FR 55757, Sept. 9, 2020]


§ 63.10006 When must I conduct subsequent performance tests or tune-ups?

(a) For liquid oil-fired, solid oil-derived fuel-fired and coal-fired EGUs and IGCC units using PM CPMS to monitor continuous performance with an applicable emission limit as provided for under § 63.10000(c), you must conduct all applicable performance tests according to Table 5 to this subpart and § 63.10007 at least every year.


(b) For affected units meeting the LEE requirements of § 63.10005(h), you must repeat the performance test once every 3 years (once every year for Hg) according to Table 5 and § 63.10007. Should subsequent emissions testing results show the unit does not meet the LEE eligibility requirements, LEE status is lost. If this should occur:


(1) For all pollutant emission limits except for Hg, you must conduct emissions testing quarterly, except as otherwise provided in § 63.10021(d)(1).


(2) For Hg, you must install, certify, maintain, and operate a Hg CEMS or a sorbent trap monitoring system in accordance with appendix A to this subpart, within 6 calendar months of losing LEE eligibility. Until the Hg CEMS or sorbent trap monitoring system is installed, certified, and operating, you must conduct Hg emissions testing quarterly, except as otherwise provided in § 63.10021(d)(1). You must have 3 calendar years of testing and CEMS or sorbent trap monitoring system data that satisfy the LEE emissions criteria to reestablish LEE status.


(c) Except where paragraphs (a) or (b) of this section apply, or where you install, certify, and operate a PM CEMS to demonstrate compliance with a filterable PM emissions limit, for liquid oil-, solid oil-derived fuel-, coal-fired and IGCC EGUs, you must conduct all applicable periodic emissions tests for filterable PM, individual, or total HAP metals emissions according to Table 5 to this subpart, § 63.10007, and § 63.10000(c), except as otherwise provided in § 63.10021(d)(1).


(d) Except where paragraph (b) of this section applies, for solid oil-derived fuel- and coal-fired EGUs that do not use either an HCl CEMS to monitor compliance with the HCl limit or an SO2 CEMS to monitor compliance with the alternate equivalent SO2 emission limit, you must conduct all applicable periodic HCl emissions tests according to Table 5 to this subpart and § 63.10007 at least quarterly, except as otherwise provided in § 63.10021(d)(1).


(e) Except where paragraph (b) of this section applies, for liquid oil-fired EGUs without HCl CEMS, HF CEMS, or HCl and HF CEMS, you must conduct all applicable emissions tests for HCl, HF, or HCl and HF emissions according to Table 5 to this subpart and § 63.10007 at least quarterly, except as otherwise provided in § 63.10021(d)(1), and conduct site-specific monitoring under a plan as provided for in § 63.10000(c)(2)(iii).


(f) Time between performance tests. (1) Notwithstanding the provisions of § 63.10021(d)(1), the requirements listed in paragraphs (g) and (h) of this section, and the requirements of paragraph (f)(3) of this section, you must complete performance tests for your EGU as follows:


(i) At least 45 calendar days, measured from the test’s end date, must separate performance tests conducted every quarter;


(ii) For annual testing:


(A) At least 320 calendar days, measured from the test’s end date, must separate performance tests;


(B) At least 320 calendar days, measured from the test’s end date, must separate annual sorbent trap mercury testing for 30-boiler operating day LEE tests;


(C) At least 230 calendar days, measured from the test’s end date, must separate annual sorbent trap mercury testing for 90-boiler operating day LEE tests; and


(iii) At least 1,050 calendar days, measured from the test’s end date, must separate performance tests conducted every 3 years.


(2) For units demonstrating compliance through quarterly emission testing, you must conduct a performance test in the 4th quarter of a calendar year if your EGU has skipped performance tests in the first 3 quarters of the calendar year.


(3) If your EGU misses a performance test deadline due to being inoperative and if 168 or more boiler operating hours occur in the next test period, you must complete an additional performance test in that period as follows:


(i) At least 15 calendar days must separate two performance tests conducted in the same quarter.


(ii) At least 107 calendar days must separate two performance tests conducted in the same calendar year.


(iii) At least 350 calendar days must separate two performance tests conducted in the same 3 year period.


(g) If you elect to demonstrate compliance using emissions averaging under § 63.10009, you must continue to conduct performance stack tests at the appropriate frequency given in section (c) through (f) of this section.


(h) If a performance test on a non-mercury LEE shows emissions in excess of 50 percent of the emission limit and if you choose to reapply for LEE status, you must conduct performance tests at the appropriate frequency given in section (c) through (e) of this section for that pollutant until all performance tests over a consecutive 3-year period show compliance with the LEE criteria.


(i) If you are required to meet an applicable tune-up work practice standard, you must conduct a performance tune-up according to § 63.10021(e).


(1) For EGUs not employing neural network combustion optimization during normal operation, each performance tune-up specified in § 63.10021(e) must be no more than 36 calendar months after the previous performance tune-up.


(2) For EGUs employing neural network combustion optimization systems during normal operation, each performance tune-up specified in § 63.10021(e) must be no more than 48 calendar months after the previous performance tune-up.


[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23403, Apr. 19, 2012; 78 FR 24085, Apr. 24, 2013; 81 FR 20182, Apr. 6, 2016]


§ 63.10007 What methods and other procedures must I use for the performance tests?

(a) Except as otherwise provided in this section, you must conduct all required performance tests according to § 63.7(d), (e), (f), and (h). You must also develop a site-specific test plan according to the requirements in § 63.7(c).


(1) If you use CEMS (Hg, HCl, SO2, or other) to determine compliance with a 30- (or, if applicable, 90-) boiler operating day rolling average emission limit, you must collect quality- assured CEMS data for all unit operating conditions, including startup and shutdown (see § 63.10011(g) and Table 3 to this subpart), except as otherwise provided in § 63.10020(b). Emission rates determined during startup periods and shutdown periods (as defined in § 63.10042) are not to be included in the compliance determinations, except as otherwise provided in §§ 63.10000(c)(1)(vi)(B) and 63.10005(a)(2)(iii).


(2) If you conduct performance testing with test methods in lieu of continuous monitoring, operate the unit at maximum normal operating load conditions during each periodic (e.g., quarterly) performance test. Maximum normal operating load will be generally between 90 and 110 percent of design capacity but should be representative of site specific normal operations during each test run.


(3) For establishing operating limits with particulate matter continuous parametric monitoring system (PM CPMS) to demonstrate compliance with a PM or non Hg metals emissions limit, operate the unit at maximum normal operating load conditions during the performance test period. Maximum normal operating load will be generally between 90 and 110 percent of design capacity but should be representative of site specific normal operations during each test run.


(b) You must conduct each performance test (including traditional 3-run stack tests, 30-boiler operating day tests based on CEMS data (or sorbent trap monitoring system data), and 30-boiler operating day Hg emission tests for LEE qualification) according to the requirements in Table 5 to this subpart.


(c) If you choose the filterable PM method to comply with the PM emission limit and demonstrate continuous performance using a PM CPMS as provided for in § 63.10000(c), you must also establish an operating limit according to § 63.10011(b), § 63.10023, and Tables 4 and 6 to this subpart. Should you desire to have operating limits that correspond to loads other than maximum normal operating load, you must conduct testing at those other loads to determine the additional operating limits.


(d) Except for a 30-boiler operating day performance test based on CEMS (or sorbent trap monitoring system) data, where the concept of test runs does not apply, you must conduct a minimum of three separate test runs for each performance test, as specified in § 63.7(e)(3). Each test run must comply with the minimum applicable sampling time or volume specified in Table 1 or 2 to this subpart. Sections 63.10005(d) and (h), respectively, provide special instructions for conducting performance tests based on CEMS or sorbent trap monitoring systems, and for conducting emission tests for LEE qualification.


(e) To use the results of performance testing to determine compliance with the applicable emission limits in Table 1 or 2 to this subpart, proceed as follows:


(1) Except for a 30-boiler operating day performance test based on CEMS (or sorbent trap monitoring system) data, if measurement results for any pollutant are reported as below the method detection level (e.g., laboratory analytical results for one or more sample components are below the method defined analytical detection level), you must use the method detection level as the measured emissions level for that pollutant in calculating compliance. The measured result for a multiple component analysis (e.g., analytical values for multiple Method 29 fractions both for individual HAP metals and for total HAP metals) may include a combination of method detection level data and analytical data reported above the method detection level.


(2) If the limits are expressed in lb/MMBtu or lb/TBtu, you must use the F-factor methodology and equations in sections 12.2 and 12.3 of EPA Method 19 in appendix A-7 to part 60 of this chapter. In cases where an appropriate F-factor is not listed in Table 19-2 of Method 19, you may use F-factors from Table 1 in section 3.3.5 of appendix F to part 75 of this chapter, or F-factors derived using the procedures in section 3.3.6 of appendix to part 75 of this chapter. Use the following factors to convert the pollutant concentrations measured during the initial performance tests to units of lb/scf, for use in the applicable Method 19 equations:


(i) Multiply SO2 ppm by 1.66 × 10−7;


(ii) Multiply HCl ppm by 9.43 × 10−8;


(iii) Multiply HF ppm by 5.18 × 10−8;


(iv) Multiply HAP metals concentrations (mg/dscm) by 6.24 × 10−8; and


(v) Multiply Hg concentrations (µg/scm) by 6.24 × 10−11.


(3) To determine compliance with emission limits expressed in lb/MWh or lb/GWh, you must first calculate the pollutant mass emission rate during the performance test, in units of lb/h. For Hg, if a CEMS or sorbent trap monitoring system is used, use Equation A-2 or A-3 in appendix A to this subpart (as applicable). In all other cases, use an equation that has the general form of Equation A-2 or A-3, replacing the value of K with 1.66 × 10−7 lb/scf-ppm for SO2, 9.43 × 10−8 lb/scf-ppm for HCl (if an HCl CEMS is used), 5.18 × 10−8 lb/scf-ppm for HF (if an HF CEMS is used), or 6.24 × 10−8 lb-scm/mg-scf for HAP metals and for HCl and HF (when performance stack testing is used), and defining Ch as the average SO2, HCl, or HF concentration in ppm, or the average HAP metals concentration in mg/dscm. This calculation requires stack gas volumetric flow rate (scfh) and (in some cases) moisture content data (see §§ 63.10005(h)(3) and 63.10010). Then, if the applicable emission limit is in units of lb/GWh, use Equation A-4 in appendix A to this subpart to calculate the pollutant emission rate in lb/GWh. In this calculation, define (M)h as the calculated pollutant mass emission rate for the performance test (lb/h), and define (MW)h as the average electrical load during the performance test (megawatts). If the applicable emission limit is in lb/MWh rather than lb/GWh, omit the 10
3 term from Equation A-4 to determine the pollutant emission rate in lb/MWh.


(f) If you elect to (or are required to) use CEMS to continuously monitor Hg, HCl, HF, SO2, or PM emissions (or, if applicable, sorbent trap monitoring systems to continuously collect Hg emissions data), the following default values are available for use in the emission rate calculations during startup periods or shutdown periods (as defined in § 63.10042). For the purposes of this subpart, these default values are not considered to be substitute data.


(1) Diluent cap values. If you use CEMS (or, if applicable, sorbent trap monitoring systems) to comply with a heat input-based emission rate limit, you may use the following diluent cap values for a startup or shutdown hour in which the measured CO2 concentration is below the cap value or the measured O2 concentration is above the cap value:


(i) For an IGCC EGU, you may use 1% for CO2 or 19% for O2.


(ii) For all other EGUs, you may use 5% for CO2 or 14% for O2.


(2) Default gross output. If you use CEMS to continuously monitor Hg, HCl, HF, SO2, or PM emissions (or, if applicable, sorbent trap monitoring systems to continuously collect Hg emissions data), the following default value is available for use in the emission rate calculations during startup periods or shutdown periods (as defined in § 63.10042). For the purposes of this subpart, this default value is not considered to be substitute data. For a startup or shutdown hour in which there is heat input to an affected EGU but zero gross output, you must calculate the pollutant emission rate using a value equivalent to 5% of the maximum sustainable gross output, expressed in megawatts, as defined in section 6.5.2.1(a)(1) of appendix A to part 75 of this chapter. This default gross output is either the nameplate capacity of the EGU or the highest gross output observed in at least four representative quarters of EGU operation. For a monitored common stack, the default gross output is used only when all EGUs are operating (i.e., combusting fuel) are in startup or shutdown mode, and have zero electrical generation. Under those conditions, a default gross output equal to 5% of the combined maximum sustainable gross output of the EGUs that are operating but have a total of zero gross output must be used to calculate the hourly gross output-based pollutant emissions rate.


(g) Upon request, you shall make available to the EPA Administrator such records as may be necessary to determine whether the performance tests have been done according to the requirements of this section.


[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23403, Apr. 19, 2012; 78 FR 24085, Apr. 24, 2013; 79 FR 68789, Nov. 19, 2014; 81 FR 20182, Apr. 6, 2016]


§ 63.10008 [Reserved]

§ 63.10009 May I use emissions averaging to comply with this subpart?

(a) General eligibility. (1) You may use emissions averaging as described in paragraph (a)(2) of this section as an alternative to meeting the requirements of § 63.9991 for filterable PM, SO2, HF, HCl, non-Hg HAP metals, or Hg on an EGU-specific basis if:


(i) You have more than one existing EGU in the same subcategory located at one or more contiguous properties, belonging to a single major industrial grouping, which are under common control of the same person (or persons under common control); and


(ii) You use CEMS (or sorbent trap monitoring systems for determining Hg emissions) or quarterly emissions testing for demonstrating compliance.


(2) You may demonstrate compliance by emissions averaging among the existing EGUs in the same subcategory, if your averaged Hg emissions for EGUs in the “unit designed for coal ≥8,300 Btu/lb” subcategory are equal to or less than 1.2 lb/TBtu or 1.3E-2 lb/GWh on a 30-boiler operating day basis or if your averaged emissions of individual, other pollutants from other subcategories of such EGUs are equal to or less than the applicable emissions limit in Table 2 to this subpart, according to the procedures in this section. Note that except for the alternate Hg emissions limit from EGUs in the “unit designed for coal ≥ 8,300 Btu/lb” subcategory, the averaging time for emissions averaging for pollutants is 30-group boiler operating days (rolling daily) using data from CEMS and sorbent trap monitoring (for Hg), or a combination of data from CEMS and emissions testing (for other pollutants). The averaging time for emissions averaging for the alternate Hg limit (equal to or less than 1.0 lb/TBtu or 1.1E-2 lb/GWh) from EGUs in the “unit designed for coal ≥ 8,300 Btu/lb” subcategory is 90-group boiler operating days (rolling daily) using data from CEMS, sorbent trap monitoring, or a combination of data from CEMS and sorbent trap monitoring. For the purposes of this paragraph, 30- (or 90-) group boiler operating days is defined as a period during which at least one unit in the emissions averaging group operates on each of the 30 or 90 days. You must calculate the weighted average emissions rate for the group in accordance with the procedures in this paragraph using the data from all units in the group including any that operate fewer than 30 (or 90) of the preceding 30- (or 90-) group boiler operating days.


(i) You may choose to have your EGU emissions averaging group meet either the heat input basis (MMBtu or TBtu, as appropriate for the pollutant) or gross output basis (MWh or GWh, as appropriate for the pollutant).


(ii) You may not mix bases within your EGU emissions averaging group.


(iii) You may use emissions averaging for affected units in different subcategories if the units vent to the atmosphere through a common stack (see paragraph (m) of this section).


(b) Equations. Use the following equations when performing calculations for your EGU emissions averaging group:


(1) Group eligibility equations.




Where:

WAERm = Maximum Weighted Average Emission Rate in terms of lb/heat input or lb/gross output,

Hermi,j = hourly emission rate (e.g., lb/MMBtu, lb/MWh) from CEMS or sorbent trap monitoring as determined during the initial compliance determination from EGU j,

Rmmj = Maximum rated heat input, MMBtu/h, or maximum rated gross output, MWh/h, for EGU j,

p = number of EGUs in emissions averaging group that rely on CEMS,

Terk = Emissions rate (lb/MMBTU or lb/MWh) as determined during the initial compliance determination of EGU k,

Rmtk = Maximum rated heat input, MMBtu/h, or maximum rated gross output, MWh/h, for EGU k, and

m = number of EGUs in emissions averaging group that rely on emissions testing.



Where:

Variables with the similar names share the descriptions for Equation 1a of this section,


Smmj = maximum steam generation, lbsteam/h or lb/gross output, for EGU j,

Cfmj = conversion factor, calculated from the most recent compliance test results, in terms units of heat output or gross output per pound of steam generated (MMBtu/lbsteam or MWh/lbsteam) from EGU j,

Smtk = maximum steam generation, lbsteam/h or lb/gross output, for EGU k, and

Cfmk = conversion factor, calculated from the most recent compliance test results, in terms units of heat output or gross output per pound of steam generated (MMBtu/lbsteam or MWh/lbsteam) from EGU k.

(2) Weighted 30-boiler operating day rolling average emissions rate equations. Use Equation 2a or 2b of this section to calculate the 30 day rolling average emissions daily.




Where:

Heri = hourly emission rate (e.g., lb/MMBtu, lb/MWh) from unit i’s CEMS or sorbent trap monitoring system for the preceding 30-group boiler operating days,

Rmi = hourly heat input or gross output from unit i for the preceding 30-group boiler operating days,

p = number of EGUs in emissions averaging group that rely on CEMS or sorbent trap monitoring,

n = number of hours that hourly rates are collected over 30-group boiler operating days,

Teri = Emissions rate from most recent emissions test of unit i in terms of lb/heat input or lb/gross output,

Rti = Total heat input or gross output of unit i for the preceding 30-boiler operating days, and

m = number of EGUs in emissions averaging group that rely on emissions testing.



Where:

variables with similar names share the descriptions for Equation 2a of this section,

Smi = steam generation in units of pounds from unit i that uses CEMS for the preceding 30-group boiler operating days,

Cfmi = conversion factor, calculated from the most recent compliance test results, in units of heat input per pound of steam generated or gross output per pound of steam generated, from unit i that uses CEMS from the preceding 30 group boiler operating days,

Sti = steam generation in units of pounds from unit i that uses emissions testing, and

Cfti = conversion factor, calculated from the most recent compliance test results, in units of heat input per pound of steam generated or gross output per pound of steam generated, from unit i that uses emissions testing.

(3) Weighted 90-boiler operating day rolling average emissions rate equations for Hg emissions from EGUs in the “coal-fired unit not low rank virgin coal” subcategory. Use Equation 3a or 3b of this section to calculate the 90-day rolling average emissions daily.




Where:

Heri = Hourly emission rate from unit i’s Hg CEMS or Hg sorbent trap monitoring system for the preceding 90-group boiler operating days,

Rmi = Hourly heat input or gross output from unit i for the preceding 90-group boiler operating days,

p = Number of EGUs in the emissions averaging group,

n = Number of hours that hourly rates are collected over the 90-group boiler operating days.



Where:

Heri = Hourly emission rate from unit i’s Hg CEMS or Hg sorbent trap monitoring system for the preceding 90-group boiler operating days,

Smi = Steam generation in units of pounds from unit i that uses Hg CEMS or Hg sorbent trap monitoring for the preceding 90-group boiler operating days,

Cfmi = Conversion factor, calculated from the most recent compliance test results, in units of heat input per pound of steam generated or gross output per pound of steam generated, from unit i that uses Hg CEMS or sorbent trap monitoring from the preceding 90-group boiler operating days,

p = Number of EGUs in the emissions averaging group,

n = Number of hours that hourly rates are collected over the 90-group boiler operating days.

(c) Separate stack requirements. For a group of two or more existing EGUs in the same subcategory that each vent to a separate stack, you may average filterable PM, SO2, HF, HCl, non-Hg HAP metals, or Hg emissions to demonstrate compliance with the limits in Table 2 to this subpart if you satisfy the requirements in paragraphs (d) through (j) of this section.


(d) For each existing EGU in the averaging group:


(1) The emissions rate achieved during the initial performance test for the HAP being averaged must not exceed the emissions level that was being achieved 180 days after April 16, 2015, or the date on which emissions testing done to support your emissions averaging plan is complete (if the Administrator does not require submission and approval of your emissions averaging plan), or the date that you begin emissions averaging, whichever is earlier; or


(2) The control technology employed during the initial performance test must not be less than the design efficiency of the emissions control technology employed 180 days after April 16, 2015 or the date that you begin emissions averaging, whichever is earlier.


(e) The weighted-average emissions rate from the existing EGUs participating in the emissions averaging option must be in compliance with the limits in Table 2 to this subpart at all times following the date that you begin emissions averaging.


(f) Emissions averaging group eligibility demonstration. You must demonstrate the ability for the EGUs included in the emissions averaging group to demonstrate initial compliance according to paragraph (f)(1) or (2) of this section using the maximum rated heat input or gross output over a 30- (or 90-) boiler operating day period of each EGU and the results of the initial performance tests. For this demonstration and prior to preparing your emissions averaging plan, you must conduct required emissions monitoring for 30- (or 90-) days of boiler operation and any required manual performance testing to calculate maximum weighted average emissions rate in accordance with this section. If, before the start of your initial compliance demonstration, the Administrator becomes aware that you intend to use emissions averaging for that demonstration, or if your initial Notification of Compliance Status (NOCS) indicates that you intend to implement emissions averaging at a future date, the Administrator may require you to submit your proposed emissions averaging plan and supporting data for approval. If the Administrator requires approval of your plan, you may not begin using emissions averaging until the Administrator approves your plan.


(1) You must use Equation 1a in paragraph (b) of this section to demonstrate that the maximum weighted average emissions rates of filterable PM, HF, SO2, HCl, non-Hg HAP metals, or Hg emissions from the existing units participating in the emissions averaging option do not exceed the emissions limits in Table 2 to this subpart.


(2) If you are not capable of monitoring heat input or gross output, and the EGU generates steam for purposes other than generating electricity, you may use Equation 1b of paragraph (b) of this section as an alternative to using Equation 1a of paragraph (b) of this section to demonstrate that the maximum weighted average emissions rates of filterable PM, HF, SO2, HCl, non-Hg HAP metals, or Hg emissions from the existing units participating in the emissions averaging group do not exceed the emission limits in Table 2 to this subpart.


(g) You must determine the weighted average emissions rate in units of the applicable emissions limit on a 30 group boiler operating day rolling average basis (or, if applicable, on a 90 group boiler operating day rolling average basis for Hg) according to paragraphs (g)(1) and (2) of this section. The first averaging period ends on the 30th (or, if applicable, 90th for the alternate Hg emission limit) group boiler operating day after the date that you begin emissions averaging.


(1) You must use Equation 2a or 3a of paragraph (b) of this section to calculate the weighted average emissions rate using the actual heat input or gross output for each existing unit participating in the emissions averaging option.


(2) If you are not capable of monitoring heat input or gross output, you may use Equation 2b or 3b of paragraph (b) of this section as an alternative to using Equation 2a of paragraph (b) of this section to calculate the average weighted emission rate using the actual steam generation from the units participating in the emissions averaging option.


(h) CEMS (or sorbent trap monitoring) use. If an EGU in your emissions averaging group uses CEMS (or a sorbent trap monitor for Hg emissions) to demonstrate compliance, you must use those data to determine the 30 (or 90) group boiler operating day rolling average emissions rate.


(i) Emissions testing. If you use manual emissions testing to demonstrate compliance for one or more EGUs in your emissions averaging group, you must use the results from the most recent performance test to determine the 30 (or 90) day rolling average. You may use CEMS or sorbent trap data in combination with data from the most recent manual performance test in calculating the 30 (or 90) group boiler operating day rolling average emissions rate.


(j) Emissions averaging plan. You must develop an implementation plan for emissions averaging according to the following procedures and requirements in paragraphs (j)(1) and (2) of this section.


(1) You must include the information contained in paragraphs (j)(1)(i) through (v) of this section in your implementation plan for all the emissions units included in an emissions averaging:


(i) The identification of all existing EGUs in the emissions averaging group, including for each either the applicable HAP emission level or the control technology installed as of 180 days after February 16, 2015, or the date on which you complete the emissions measurements used to support your emissions averaging plan (if the Administrator does not require submission and approval of your emissions averaging plan), or the date that you begin emissions averaging, whichever is earlier; and the date on which you are requesting emissions averaging to commence;


(ii) The process weighting parameter (heat input, gross output, or steam generated) that will be monitored for each averaging group;


(iii) The specific control technology or pollution prevention measure to be used for each emission EGU in the averaging group and the date of its installation or application. If the pollution prevention measure reduces or eliminates emissions from multiple EGUs, you must identify each EGU;


(iv) The means of measurement (e.g., CEMS, sorbent trap monitoring, manual performance test) of filterable PM, SO2, HF, HCl, individual or total non-Hg HAP metals, or Hg emissions in accordance with the requirements in § 63.10007 and to be used in the emissions averaging calculations; and


(v) A demonstration that emissions averaging can produce compliance with each of the applicable emission limit(s) in accordance with paragraph (b)(1) of this section.


(2) If, as described in paragraph (f) of this section, the Administrator requests you to submit the averaging plan for review and approval, you must receive approval before initiating emissions averaging.


(i) The Administrator shall use following criteria in reviewing and approving or disapproving the plan:


(A) Whether the content of the plan includes all of the information specified in paragraph (j)(1) of this section; and


(B) Whether the plan presents information sufficient to determine that compliance will be achieved and maintained.


(ii) The Administrator shall not approve an emissions averaging implementation plan containing any of the following provisions:


(A) Any averaging between emissions of different pollutants or between units located at different facilities; or


(B) The inclusion of any emissions unit other than an existing unit in the same subcategory.


(k) Common stack requirements. For a group of two or more existing affected units, each of which vents through a single common stack, you may average emissions to demonstrate compliance with the limits in Table 2 to this subpart if you satisfy the requirements in paragraph (l) or (m) of this section.


(l) For a group of two or more existing units in the same subcategory and which vent through a common emissions control system to a common stack that does not receive emissions from units in other subcategories or categories, you may treat such averaging group as a single existing unit for purposes of this subpart and comply with the requirements of this subpart as if the group were a single unit.


(m) For all other groups of units subject to paragraph (k) of this section, you may elect to conduct manual performance tests according to procedures specified in § 63.10007 in the common stack. If emissions from affected units included in the emissions averaging and from other units not included in the emissions averaging (e.g., in a different subcategory) or other nonaffected units all vent to the common stack, you must shut down the units not included in the emissions averaging and the nonaffected units or vent their emissions to a different stack during the performance test. Alternatively, you may conduct a performance test of the combined emissions in the common stack with all units operating and show that the combined emissions meet the most stringent emissions limit. You may also use a CEMS or sorbent trap monitoring to apply this latter alternative to demonstrate that the combined emissions comply with the most stringent emissions limit on a continuous basis.


(n) Combination requirements. The common stack of a group of two or more existing EGUs in the same subcategory subject to paragraph (k) of this section may be treated as a single stack for purposes of paragraph (c) of this section and included in an emissions averaging group subject to paragraph (c) of this section.


[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23403, Apr. 19, 2012; 78 FR 24085, Apr. 24, 2013; 81 FR 20183, Apr. 6, 2016; 85 FR 55757, Sept. 9, 2020]


§ 63.10010 What are my monitoring, installation, operation, and maintenance requirements?

(a) Flue gases from the affected units under this subpart exhaust to the atmosphere through a variety of different configurations, including but not limited to individual stacks, a common stack configuration or a main stack plus a bypass stack. For the CEMS, PM CPMS, and sorbent trap monitoring systems used to provide data under this subpart, the continuous monitoring system installation requirements for these exhaust configurations are as follows:


(1) Single unit-single stack configurations. For an affected unit that exhausts to the atmosphere through a single, dedicated stack, you shall either install the required CEMS, PM CPMS, and sorbent trap monitoring systems in the stack or at a location in the ductwork downstream of all emissions control devices, where the pollutant and diluents concentrations are representative of the emissions that exit to the atmosphere.


(2) Unit utilizing common stack with other affected unit(s). When an affected unit utilizes a common stack with one or more other affected units, but no non-affected units, you shall either:


(i) Install the required CEMS, PM CPMS, and sorbent trap monitoring systems in the duct leading to the common stack from each unit; or


(ii) Install the required CEMS, PM CPMS, and sorbent trap monitoring systems in the common stack.


(3) Unit(s) utilizing common stack with non-affected unit(s). (i) When one or more affected units shares a common stack with one or more non-affected units, you shall either:


(A) Install the required CEMS, PM CPMS, and sorbent trap monitoring systems in the ducts leading to the common stack from each affected unit; or


(B) Install the required CEMS, PM CPMS, and sorbent trap monitoring systems described in this section in the common stack and attribute all of the emissions measured at the common stack to the affected unit(s).


(ii) If you choose the common stack monitoring option:


(A) For each hour in which valid data are obtained for all parameters, you must calculate the pollutant emission rate and


(B) You must assign the calculated pollutant emission rate to each unit that shares the common stack.


(4) Unit with a main stack and a bypass stack that exhausts to the atmosphere independent of the main stack. If the exhaust configuration of an affected unit consists of a main stack and a bypass stack, you shall install CEMS on both the main stack and the bypass stack. If it is not feasible to certify and quality-assure the data from a monitoring system on the bypass stack, you shall:


(i) Route the exhaust from the bypass through the main stack and its monitoring so that bypass emissions are measured; or


(ii) Install a CEMS only on the main stack and count hours that the bypass stack is in use as hours of deviation from the monitoring requirements.


(5) Unit with a common control device with multiple stack or duct configuration. If the flue gases from an affected unit, which is configured such that emissions are controlled with a common control device or series of control devices, are discharged to the atmosphere through more than one stack or are fed into a single stack through two or more ducts, you may:


(i) Install required CEMS, PM CPMS, and sorbent trap monitoring systems in each of the multiple stacks;


(ii) Install required CEMS, PM CPMS, and sorbent trap monitoring systems in each of the ducts that feed into the stack;


(iii) Install required CEMS, PM CPMS, and sorbent trap monitoring systems in one of the multiple stacks or ducts and monitor the flows and dilution rates in all multiple stacks or ducts in order to determine total exhaust gas flow rate and pollutant mass emissions rate in accordance with the applicable limit; or


(iv) In the case of multiple ducts feeding into a single stack, install CEMS, PM CPMS, and sorbent trap monitoring systems in the single stack as described in paragraph (a)(1) of this section.


(6) Unit with multiple parallel control devices with multiple stacks. If the flue gases from an affected unit, which is configured such that emissions are controlled with multiple parallel control devices or multiple series of control devices are discharged to the atmosphere through more than one stack, you shall install the required CEMS, PM CPMS, and sorbent trap monitoring systems described in each of the multiple stacks. You shall calculate hourly flow-weighted average pollutant emission rates for the unit as follows:


(i) Calculate the pollutant emission rate at each stack or duct for each hour in which valid data are obtained for all parameters;


(ii) Multiply each calculated hourly pollutant emission rate at each stack or duct by the corresponding hourly stack gas flow rate at that stack or duct;


(iii) Sum the products determined under paragraph (a)(6)(ii) of this section; and


(iv) Divide the result obtained in paragraph (a)(6)(iii) of this section by the total hourly stack gas flow rate for the unit, summed across all of the stacks or ducts.


(b) If you use an oxygen (O2) or carbon dioxide (CO2) CEMS to convert measured pollutant concentrations to the units of the applicable emissions limit, the O2 or CO2 concentrations shall be monitored at a location that represents emissions to the atmosphere, i.e., at the outlet of the EGU, downstream of all emission control devices. You must install, certify, maintain, and operate the CEMS according to part 75 of this chapter. Use only quality-assured O2 or CO2 data in the emissions calculations; do not use part 75 substitute data values.


(c) If you are required to use a stack gas flow rate monitor, either for routine operation of a sorbent trap monitoring system or to convert pollutant concentrations to units of an electrical output-based emission standard in Table 1 or 2 to this subpart, you must install, certify, operate, and maintain the monitoring system and conduct on-going quality-assurance testing of the system according to part 75 of this chapter. Use only unadjusted, quality-assured flow rate data in the emissions calculations. Do not apply bias adjustment factors to the flow rate data and do not use substitute flow rate data in the calculations.


(d) If you are required to make corrections for stack gas moisture content when converting pollutant concentrations to the units of an emission standard in Table 1 of 2 to this subpart, you must install, certify, operate, and maintain a moisture monitoring system in accordance with part 75 of this chapter. Alternatively, for coal-fired units, you may use appropriate fuel-specific default moisture values from § 75.11(b) of this chapter to estimate the moisture content of the stack gas or you may petition the Administrator under § 75.66 of this chapter for use of a default moisture value for non-coal-fired units. If you install and operate a moisture monitoring system, do not use substitute moisture data in the emissions calculations.


(e) If you use an HCl and/or HF CEMS, you must install, certify, operate, maintain, and quality-assure the data from the monitoring system in accordance with appendix B to this subpart. Calculate and record a 30-boiler operating day rolling average HCl or HF emission rate in the units of the standard, updated after each new boiler operating day. Each 30-boiler operating day rolling average emission rate is the average of all the valid hourly HCl or HF emission rates in the preceding 30 boiler operating days (see section 9.4 of appendix B to this subpart).


(f)(1) If you use an SO2 CEMS, you must install the monitor at the outlet of the EGU, downstream of all emission control devices, and you must certify, operate, and maintain the CEMS according to part 75 of this chapter.


(2) For on-going QA, the SO2 CEMS must meet the applicable daily, quarterly, and semiannual or annual requirements in sections 2.1 through 2.3 of appendix B to part 75 of this chapter, with the following addition: You must perform the linearity checks required in section 2.2 of appendix B to part 75 of this chapter if the SO2 CEMS has a span value of 30 ppm or less.


(3) Calculate and record a 30-boiler operating day rolling average SO2 emission rate in the units of the standard, updated after each new boiler operating day. Each 30-boiler operating day rolling average emission rate is the average of all of the valid hourly SO2 emission rates in the 30 boiler operating day period.


(4) Use only unadjusted, quality-assured SO2 concentration values in the emissions calculations; do not apply bias adjustment factors to the part 75 SO2 data and do not use part 75 substitute data values. For startup or shutdown hours (as defined in § 63.10042) the default gross output and the diluent cap are available for use in the hourly SO2 emission rate calculations, as described in § 63.10007(f). Use a flag to identify each startup or shutdown hour and report a special code if the diluent cap or default gross output is used to calculate the SO2 emission rate for any of these hours.


(g) If you use a Hg CEMS or a sorbent trap monitoring system, you must install, certify, operate, maintain and quality-assure the data from the monitoring system in accordance with appendix A to this subpart. You must calculate and record a 30- (or, if alternate emissions averaging is used, 90-) boiler operating day rolling average Hg emission rate, in units of the standard, updated after each new boiler operating day. Each 30- (or, if alternate emissions averaging is used, 90-) boiler operating day rolling average emission rate, calculated according to section 6.2 of appendix A to the subpart, is the average of all of the valid hourly Hg emission rates in the preceding 30- (or, if alternate emissions averaging is used, a 90-) boiler operating days. Section 7.1.4.3 of appendix A to this subpart explains how to reduce sorbent trap monitoring system data to an hourly basis.


(h) If you use a PM CPMS to demonstrate continuous compliance with an operating limit, you must install, calibrate, maintain, and operate the PM CPMS and record the output of the system as specified in paragraphs (h)(1) through (5) of this section.


(1) Install, calibrate, operate, and maintain your PM CPMS according to the procedures in your approved site-specific monitoring plan developed in accordance with § 63.10000(d), and meet the requirements in paragraphs (h)(1)(i) through (iii) of this section.


(i) The operating principle of the PM CPMS must be based on in-stack or extractive light scatter, light scintillation, beta attenuation, or mass accumulation detection of the exhaust gas or representative sample. The reportable measurement output from the PM CPMS may be expressed as milliamps, stack concentration, or other raw data signal.


(ii) The PM CPMS must have a cycle time (i.e., period required to complete sampling, measurement, and reporting for each measurement) no longer than 60 minutes.


(iii) The PM CPMS must be capable, at a minimum, of detecting and responding to particulate matter concentrations of 0.5 mg/acm.


(2) For a new unit, complete the initial PM CPMS performance evaluation no later than October 13, 2012 or 180 days after the date of initial startup, whichever is later. For an existing unit, complete the initial performance evaluation no later than October 13, 2015.


(3) Collect PM CPMS hourly average output data for all boiler operating hours except as indicated in paragraph (h)(5) of this section. Express the PM CPMS output as milliamps, PM concentration, or other raw data signal value.


(4) Calculate the arithmetic 30-boiler operating day rolling average of all of the hourly average PM CPMS output collected during all nonexempt boiler operating hours data (e.g., milliamps, PM concentration, raw data signal).


(5) You must collect data using the PM CPMS at all times the process unit is operating and at the intervals specified in paragraph (h)(1)(ii) of this section, except for required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments), and any scheduled maintenance as defined in your site-specific monitoring plan.


(6) You must use all the data collected during all boiler operating hours in assessing the compliance with your operating limit except:


(i) Any data recorded during periods of monitoring system malfunctions or repairs associated with monitoring system malfunctions. You must report any monitoring system malfunctions as deviations in your compliance reports under 40 CFR 63.10031(c) or (g) (as applicable);


(ii) Any data recorded during periods when the monitoring system is out-of-control (as specified in your site-specific monitoring plan), repairs associated with periods when the monitoring system is out of control, or required monitoring system quality assurance or quality control activities conducted during out-of-control periods. You must report any such periods as deviations in your compliance reports under 40 CFR 63.10031(c) or (g) (as applicable);


(iii) Any data recorded during required monitoring system quality assurance or quality control activities that temporarily interrupt the measurement of output data from the PM CPMS; and


(iv) Any data recorded during periods of startup or shutdown.


(7) You must record and report the results of PM CPMS system performance audits, in accordance with 40 CFR 63.10031(k). You must also record and make available upon request the dates and duration of periods from when the PM CPMS is out of control until completion of the corrective actions necessary to return the PM CPMS to operation consistent with your site-specific monitoring plan.


(i) If you choose to comply with the PM filterable emissions limit in lieu of metal HAP limits, you may choose to install, certify, operate, and maintain a PM CEMS and record and report the output of the PM CEMS as specified in paragraphs (i)(1) through (8) of this section. Compliance with the applicable PM emissions limit in Table 1 or 2 to this subpart is determined on a 30-boiler operating day rolling average basis.


(1) You must install and certify your PM CEMS according to section 4 of appendix C to this subpart.


(2) You must operate, maintain, and quality-assure the data from your PM CEMS according to section 5 of appendix C to this subpart.


(3) You must reduce the data from your PM CEMS to hourly averages in accordance with section 6.1 of appendix C to this subpart.


(4) You must collect data using the PM CEMS at all times the process unit is operating and at the intervals specified in paragraph (a) of this section, except for required monitoring system quality assurance or quality control activities and any scheduled maintenance as defined in your site-specific monitoring plan.


(j) You may choose to comply with the metal HAP emissions limits using CEMS approved in accordance with § 63.7(f) as an alternative to the performance test method specified in this rule. If approved to use a HAP metals CEMS, the compliance limit will be expressed as a 30-boiler operating day rolling average of the numerical emissions limit value applicable for your unit in tables 1 or 2. If approved, you may choose to install, certify, operate, and maintain a HAP metals CEMS and record the output of the HAP metals CEMS as specified in paragraphs (j)(1) through (5) of this section.


(1)(i) Install, calibrate, operate, and maintain your HAP metals CEMS according to your CMS quality control program, as described in § 63.8(d)(2). The reportable measurement output from the HAP metals CEMS must be expressed in units of the applicable emissions limit (e.g., lb/MMBtu, lb/MWh) and in the form of a 30-boiler operating day rolling average.


(ii) Operate and maintain your HAP metals CEMS according to the procedures and criteria in your site specific performance evaluation and quality control program plan required in § 63.8(d).


(2) Collect HAP metals CEMS hourly average output data for all boiler operating hours except as indicated in section (j)(4) of this section.


(3) Calculate the arithmetic 30-boiler operating day rolling average of all of the hourly average HAP metals CEMS output data collected during all nonexempt boiler operating hours data.


(4) You must collect data using the HAP metals CEMS at all times the process unit is operating and at the intervals specified in paragraph (a) of this section, except for required monitoring system quality assurance or quality control activities, and any scheduled maintenance as defined in your site-specific monitoring plan.


(i) You must use all the data collected during all boiler operating hours in assessing the compliance with your emission limit except:


(A) Any data collected during periods of monitoring system malfunctions and repairs associated with monitoring system malfunctions. You must report any monitoring system malfunctions as deviations in your compliance reports under 40 CFR 63.10031(c) or (g) (as applicable);


(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 quality control activities conducted during out-of-control periods. You must report any out of control periods as deviations in your compliance reports under 40 CFR 63.10031(c) or (g) (as applicable);


(C) Any data recorded during required monitoring system quality assurance or quality control activities that temporarily interrupt the measurement of emissions (e.g., calibrations, certain audits, routine probe maintenance); and


(D) Any data recorded during periods of startup or shutdown.


(ii) You must record and report the results of HAP metals CEMS system performance audits, in accordance with 40 CFR 63.10031(k). You must also record and make available upon request the dates and duration of periods when the HAP metals CEMS is out of control to completion of the corrective actions necessary to return the HAP metals CEMS to operation consistent with your site-specific performance evaluation and quality control program plan.


(k) If you demonstrate compliance with the HCl and HF emission limits for a liquid oil-fired EGU by conducting quarterly testing, you must also develop a site-specific monitoring plan as provided for in § 63.10000(c)(2)(iii) and Table 7 to this subpart.


(l) Should you choose to rely on paragraph (2) of the definition of “startup” in § 63.10042 for your EGU, you must install, verify, operate, maintain, and quality assure each monitoring system necessary for demonstrating compliance with the PM or non-mercury metals work practice standards required to comply with § 63.10020(e).


(1) You shall develop a site-specific monitoring plan for PM or non-mercury metals work practice monitoring during startup periods.


(2) You shall submit the site-specific monitoring plan upon request by the Administrator.


(3) The provisions of the monitoring plan must address the following items:


(i) Monitoring system installation;


(ii) Performance and equipment specifications;


(iii) Schedule for initial and periodic performance evaluations;


(iv) Performance evaluation procedures and acceptance criteria;


(v) On-going operation and maintenance procedures; and


(vi) On-going recordkeeping and reporting procedures.


(4) You may rely on monitoring system specifications or instructions or manufacturer’s specifications to address paragraphs (l)(3)(i) through (vi) of this section.


(5) You must operate and maintain the monitoring system according to the site-specific monitoring plan.


[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23404, Apr. 19, 2012; 78 FR 24086, Apr. 24, 2013; 79 FR 68789, Nov. 19, 2014; 81 FR 20185, Apr. 6, 2016; 85 FR 55758, Sept. 9, 2020]


§ 63.10011 How do I demonstrate initial compliance with the emissions limits and work practice standards?

(a) You must demonstrate initial compliance with each emissions limit that applies to you by conducting performance testing.


(b) If you are subject to an operating limit in Table 4 to this subpart, you demonstrate initial compliance with HAP metals or filterable PM emission limit(s) through performance stack tests and you elect to use a PM CPMS to demonstrate continuous performance, or if, for a liquid oil-fired EGU, and you use quarterly stack testing for HCl and HF plus site-specific parameter monitoring to demonstrate continuous performance, you must also establish a site-specific operating limit, in accordance with § 63.10007 and Table 6 to this subpart. You may use only the parametric data recorded during successful performance tests (i.e., tests that demonstrate compliance with the applicable emissions limits) to establish an operating limit.


(c)(1) If you use CEMS or sorbent trap monitoring systems to measure a HAP (e.g., Hg or HCl) directly, the initial performance test, shall consist of a 30-boiler operating day (or, for certain coal-fired, existing EGUs that use emissions averaging for Hg, a 90-boiler operating day) rolling average emissions rate obtained with a certified CEMS or sorbent trap system, expressed in units of the standard. If the monitoring system is certified prior to the applicable compliance date, the initial averaging period shall either begin with: The first boiler operating day on or after the compliance date; or 30 (or, if applicable, 90) boiler operating days prior to that date, as described in § 63.10005(b). In all cases, the initial 30- or 90-boiler operating day averaging period must be completed on or before the date that compliance must be demonstrated, in accordance with § 63.9984(f). Initial compliance is demonstrated if the results of the performance test meet the applicable emission limit in Table 1 or 2 to this subpart.


(2) For an EGU that uses a CEMS to measure SO2 or PM emissions for initial compliance, the initial performance test shall consist of a 30-boiler operating day average emission rate obtained with certified CEMS, expressed in units of the standard. If the monitoring system is certified prior to the applicable compliance date, the initial averaging period shall either begin with: The first boiler operating day on or after the compliance date; or 30 boiler operating days prior to that date, as described in § 63.10005(b). In all cases, the initial 30- boiler operating day averaging period must be completed on or before the date that compliance must be demonstrated, in accordance with § 63.9984(f). Initial compliance is demonstrated if the results of the performance test meet the applicable SO2 or PM emission limit in Table 1 or 2 to this subpart.


(d) For candidate LEE units, use the results of the performance testing described in § 63.10005(h) to determine initial compliance with the applicable emission limit(s) in Table 1 or 2 to this subpart and to determine whether the unit qualifies for LEE status.


(e) You must submit a Notification of Compliance Status in accordance with 40 CFR 63.10031(f)(4) or (h), as applicable, containing the results of the initial compliance demonstration, as specified in 40 CFR 63.10030(e).


(f)(1) You must determine the fuel whose combustion produces the least uncontrolled emissions, i.e., the cleanest fuel, either natural gas or distillate oil, that is available on site or accessible nearby for use during periods of startup or shutdown.


(2) Your cleanest fuel, either natural gas or distillate oil, for use during periods of startup or shutdown determination may take safety considerations into account.


(g) You must follow the startup or shutdown requirements as established in Table 3 to this subpart for each coal-fired, liquid oil-fired, or solid oil-derived fuel-fired EGU.


(1) You may use the diluent cap and default gross output values, as described in § 63.10007(f), during startup periods or shutdown periods.


(2) You must operate all CMS, collect data, calculate pollutant emission rates, and record data during startup periods or shutdown periods.


(3) You must report the emissions data recorded during startup and shutdown. If you are relying on paragraph (2) of the definition of startup in 40 CFR 63.10042, then for startup and shutdown incidents that occur on or prior to December 31, 2023, you must also report the applicable supplementary information in 40 CFR 63.10031(c)(5) in the semiannual compliance report. For startup and shutdown incidents that occur on or after January 1, 2024, you must provide the applicable information in 40 CFR 63.10031(c)(5)(ii) and 40 CFR 63.10020(e) quarterly, in PDF files, in accordance with 40 CFR 63.10031(i).


(4) If you choose to use paragraph (2) of the definition of “startup” in § 63.10042 and you find that you are unable to safely engage and operate your particulate matter (PM) control(s) within 1 hour of first firing of coal, residual oil, or solid oil-derived fuel, you may choose to rely on paragraph (1) of definition of “startup” in § 63.10042 or you may submit a request to use an alternative non-opacity emissions standard, as described below.


(i) As mentioned in § 63.6(g)(1), your request will be published in the Federal Register for notice and comment rulemaking. Until promulgation in the Federal Register of the final alternative non-opacity emission standard, you shall comply with paragraph (1) of the definition of “startup” in § 63.10042. You shall not implement the alternative non-opacity emissions standard until promulgation in the Federal Register of the final alternative non-opacity emission standard.


(ii) Your request need not address the items contained in § 63.6(g)(2).


(iii) Your request shall provide evidence of a documented manufacturer-identified safety issue.


(iv) Your request shall provide information to document that the PM control device is adequately designed and sized to meet the PM emission limit applicable to the EGU.


(v) In addition, your request shall contain documentation that:


(A) Your EGU is using clean fuels to the maximum extent possible, taking into account considerations such as not compromising boiler or control device integrity, to bring your EGU and PM control device up to the temperature necessary to alleviate or prevent the identified safety issues prior to the combustion of primary fuel in your EGU;


(B) You have followed explicitly your EGU manufacturer’s procedures to alleviate or prevent the identified safety issue; and


(C) You have identified with specificity the details of your EGU manufacturer’s statement of concern.


(vi) Your request shall specify the other work practice standards you will take to limit HAP emissions during startup periods and shutdown periods to ensure a control level consistent with the work practice standards of the final rule.


(vii) You must comply with all other work practice requirements, including but not limited to data collection, recordkeeping, and reporting requirements.


[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23404, Apr. 19, 2012; 79 FR 68790, Nov. 19, 2014; 81 FR 20186, Apr. 6, 2016; 85 FR 55759, Sept. 9, 2020]


Continuous Compliance Requirements

§ 63.10020 How do I monitor and collect data to demonstrate continuous compliance?

(a) You must monitor and collect data according to this section and the site-specific monitoring plan required by § 63.10000(d).


(b) You must operate the monitoring system and collect data at all required intervals at all times that the affected EGU is operating, except for required monitoring system quality assurance or quality control activities, including, as applicable, calibration checks and required zero and span adjustments, and any scheduled maintenance as defined in your site-specific monitoring plan. You are required to affect monitoring system repairs in response to monitoring system malfunctions and to return the monitoring system to operation as expeditiously as practicable.


(c) You may not use data recorded during EGU startup or shutdown in calculations used to report emissions, except as otherwise provided in §§ 63.10000(c)(1)(vi)(B) and 63.10005(a)(2)(iii). In addition, data recorded during monitoring system malfunctions or monitoring system out-of-control periods, repairs associated with monitoring system malfunctions or monitoring system out-of-control periods, or required monitoring system quality assurance or control activities may not be used in calculations used to report emissions or operating levels. You must use all of the quality-assured data collected during all other periods in assessing the operation of the control device and associated control system.


(d) Periods of monitoring system malfunctions or monitoring system out-of-control periods, repairs associated with monitoring system malfunctions or monitoring system out-of-control periods, and required monitoring system quality assurance or quality control activities excluding zero and span checks must be reported as time the monitor was inoperative (downtime) under 63.10(c). Failure to collect required quality-assured data during monitoring system malfunctions, monitoring system out-of-control periods, or repairs associated with monitoring system malfunctions or monitoring system out-of-control periods is a deviation from the monitoring requirements.


(e) Additional requirements during startup periods or shutdown periods if you choose to rely on paragraph (2) of the definition of “startup” in § 63.10042 for your EGU.


(1) During each period of startup, you must record for each EGU:


(i) The date and time that clean fuels being combusted for the purpose of startup begins;


(ii) The quantity and heat input of clean fuel for each hour of startup;


(iii) The gross output for each hour of startup;


(iv) The date and time that non-clean fuel combustion begins; and


(v) The date and time that clean fuels being combusted for the purpose of startup ends.


(2) During each period of shutdown, you must record for each EGU:


(i) The date and time that clean fuels being combusted for the purpose of shutdown begins;


(ii) The quantity and heat input of clean fuel for each hour of shutdown;


(iii) The gross output for each hour of shutdown;


(iv) The date and time that non-clean fuel combustion ends; and


(v) The date and time that clean fuels being combusted for the purpose of shutdown ends.


(3) For PM or non-mercury HAP metals work practice monitoring during startup periods, you must monitor and collect data according to this section and the site-specific monitoring plan required by § 63.10010(l).


(i) Except for an EGU that uses PM CEMS or PM CPMS to demonstrate compliance with the PM emissions limit, or that has LEE status for filterable PM or total non-Hg HAP metals for non- liquid oil-fired EGUs (or HAP metals emissions for liquid oil-fired EGUs), or individual non-mercury metals CEMS, you must:


(A) Record temperature and combustion air flow or calculated flow as determined from combustion equations of post-combustion (exhaust) gas, as well as amperage of forced draft fan(s), upstream of the filterable PM control devices during each hour of startup.


(B) Record temperature and flow of exhaust gas, as well as amperage of any induced draft fan(s), downstream of the filterable PM control devices during each hour of startup.


(C) For an EGU 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.


(D) For an EGU 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.


(E) For an EGU with a wet scrubber needed for filterable PM control, record the scrubber liquid to flue gas ratio and the pressure drop across the scrubber during each hour of startup.


(ii) [Reserved]


[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23404, Apr. 19, 2012; 79 FR 68790, Nov. 19, 2014; 81 FR 20187, Apr. 6, 2016; 85 FR 55759, Sept. 9, 2020]


§ 63.10021 How do I demonstrate continuous compliance with the emission limitations, operating limits, and work practice standards?

(a) You must demonstrate continuous compliance with each emissions limit, operating limit, and work practice standard in Tables 1 through 4 to this subpart that applies to you, according to the monitoring specified in Tables 6 and 7 to this subpart and paragraphs (b) through (g) of this section.


(b) Except as otherwise provided in § 63.10020(c), if you use a CEMS to measure SO2, PM, HCl, HF, or Hg emissions, or using a sorbent trap monitoring system to measure Hg emissions, you must demonstrate continuous compliance by using all quality-assured hourly data recorded by the CEMS (or sorbent trap monitoring system) and the other required monitoring systems (e.g., flow rate, CO2, O2, or moisture systems) to calculate the arithmetic average emissions rate in units of the standard on a continuous 30-boiler operating day (or, if alternate emissions averaging is used for Hg, 90-boiler operating day) rolling average basis, updated at the end of each new boiler operating day. Use Equation 8 to determine the 30- (or, if applicable, 90-) boiler operating day rolling average.




Where:

Heri is the hourly emissions rate for hour i and n is the number of hourly emissions rate values collected over 30- (or, if applicable, 90-) boiler operating days.

(c) If you use a PM CPMS data to measure compliance with an operating limit in Table 4 to this subpart, you must record the PM CPMS output data for all periods when the process is operating and the PM CPMS is not out-of-control. You must demonstrate continuous compliance by using all quality-assured hourly average data collected by the PM CPMS for all operating hours to calculate the arithmetic average operating parameter in units of the operating limit (e.g., milliamps, PM concentration, raw data signal) on a 30 operating day rolling average basis, updated at the end of each new boiler operating day. Use Equation 9 to determine the 30 boiler operating day average.




Where:

Hpvi is the hourly parameter value for hour i and n is the number of valid hourly parameter values collected over 30 boiler operating days.

(1) For any exceedance of the 30-boiler operating day PM CPMS average value from the established operating parameter limit for an EGU subject to the emissions limits in Table 1 to this subpart, you must:


(i) Within 48 hours of the exceedance, visually inspect the air pollution control device (APCD);


(ii) If the inspection of the APCD identifies the cause of the exceedance, take corrective action as soon as possible, and return the PM CPMS measurement to within the established value; and


(iii) Within 45 days of the exceedance or at the time of the annual compliance test, whichever comes first, conduct a PM emissions compliance test to determine compliance with the PM emissions limit and to verify or re-establish the CPMS operating limit. You are not required to conduct any additional testing for any exceedances that occur between the time of the original exceedance and the PM emissions compliance test required under this paragraph.


(2) PM CPMS exceedances of the operating limit for an EGU subject to the emissions limits in Table 1 of this subpart leading to more than four required performance tests in a 12-month period (rolling monthly) constitute a separate violation of this subpart.


(d) If you use quarterly performance testing to demonstrate compliance with one or more applicable emissions limits in Table 1 or 2 to this subpart, you


(1) May skip performance testing in those quarters during which less than 168 boiler operating hours occur, except that a performance test must be conducted at least once every calendar year.


(2) Must conduct the performance test as defined in Table 5 to this subpart and calculate the results of the testing in units of the applicable emissions standard; and


(3) Must conduct site-specific monitoring using CMS to demonstrate compliance with the site-specific monitoring requirements in Table 7 to this subpart pertaining to HCl and HF emissions from a liquid oil-fired EGU to ensure compliance with the HCl and HF emission limits in Tables 1 and 2 to this subpart, in accordance with the requirements of § 63.10000(c)(2)(iii). The monitoring must meet the general operating requirements provided in § 63.10020.


(e) Conduct periodic performance tune-ups of your EGU(s), as specified in paragraphs (e)(1) through (9) of this section. For your first tune-up, you may perform the burner inspection any time prior to the tune-up or you may delay the first burner inspection until the next scheduled EGU outage provided you meet the requirements of § 63.10005. Subsequently, you must perform an inspection of the burner at least once every 36 calendar months unless your EGU employs neural network combustion optimization during normal operations in which case you must perform an inspection of the burner and combustion controls at least once every 48 calendar months. If your EGU is offline when a deadline to perform the tune-up passes, you shall perform the tune-up work practice requirements within 30 days after the re-start of the affected unit.


(1) As applicable, inspect the burner and combustion controls, and clean or replace any components of the burner or combustion controls as necessary upon initiation of the work practice program and at least once every required inspection period. Repair of a burner or combustion control component requiring special order parts may be scheduled as follows:


(i) Burner or combustion control component parts needing replacement that affect the ability to optimize NOX and CO must be installed within 3 calendar months after the burner inspection,


(ii) Burner or combustion control component parts that do not affect the ability to optimize NOX and CO may be installed on a schedule determined by the operator;


(2) As applicable, inspect the flame pattern and make any adjustments to the burner or combustion controls necessary to optimize the flame pattern. The adjustment should be consistent with the manufacturer’s specifications, if available, or in accordance with best combustion engineering practice for that burner type;


(3) As applicable, observe the damper operations as a function of mill and/or cyclone loadings, cyclone and pulverizer coal feeder loadings, or other pulverizer and coal mill performance parameters, making adjustments and effecting repair to dampers, controls, mills, pulverizers, cyclones, and sensors;


(4) As applicable, evaluate windbox pressures and air proportions, making adjustments and effecting repair to dampers, actuators, controls, and sensors;


(5) Inspect the system controlling the air-to-fuel ratio and ensure that it is correctly calibrated and functioning properly. Such inspection may include calibrating excess O2 probes and/or sensors, adjusting overfire air systems, changing software parameters, and calibrating associated actuators and dampers to ensure that the systems are operated as designed. Any component out of calibration, in or near failure, or in a state that is likely to negate combustion optimization efforts prior to the next tune-up, should be corrected or repaired as necessary;


(6) Optimize combustion to minimize generation of CO and NOX. This optimization should be consistent with the manufacturer’s specifications, if available, or best combustion engineering practice for the applicable burner type. NOX optimization includes burners, overfire air controls, concentric firing system improvements, neural network or combustion efficiency software, control systems calibrations, adjusting combustion zone temperature profiles, and add-on controls such as SCR and SNCR; CO optimization includes burners, overfire air controls, concentric firing system improvements, neural network or combustion efficiency software, control systems calibrations, and adjusting combustion zone temperature profiles;


(7) While operating at full load or the predominantly operated load, measure the concentration in the effluent stream of CO and NOX in ppm, by volume, and oxygen in volume percent, before and after the tune-up adjustments are made (measurements may be either on a dry or wet basis, as long as it is the same basis before and after the adjustments are made). You may use portable CO, NOX and O2 monitors for this measurement. EGU’s employing neural network optimization systems need only provide a single pre- and post-tune-up value rather than continual values before and after each optimization adjustment made by the system;


(8) Maintain on-site and submit, if requested by the Administrator, an annual report containing the information in paragraphs (e)(1) through (e)(9) of this section including:


(i) The concentrations of CO and NOX in the effluent stream in ppm by volume, and oxygen in volume percent, measured before and after an adjustment of the EGU combustion systems;


(ii) A description of any corrective actions taken as a part of the combustion adjustment; and


(iii) The type(s) and amount(s) of fuel used over the 12 calendar months prior to an adjustment, but only if the unit was physically and legally capable of using more than one type of fuel during that period; and


(9) Prior to January 1, 2024, report the tune-up date electronically, in a PDF file, in your semiannual compliance report, as specified in 40 CFR 63.10031(f)(4) and (6) and, if requested by the Administrator, in hard copy, as specified in 40 CFR 63.10031(f)(5). On and after January 1, 2024, report the tune-up date electronically in your quarterly compliance report, in accordance with 40 CFR 63.10031(g) and section 10.2 of appendix E to this subpart. The tune-up report date is the date when tune-up requirements in paragraphs (e)(6) and (7) of this section are completed.


(f) You must submit the applicable reports and notifications required under 40 CFR 63.10031(a) through (k) to the Administrator electronically, using EPA’s Emissions Collection and Monitoring Plan System (ECMPS) Client Tool. If the final date of any time period (or any deadline) for any of these submissions falls on a weekend or a Federal holiday, the time period shall be extended to the next business day. Moreover, if the EPA Host System supporting the ECMPS Client Tool is offline and unavailable for submission of reports for any part of a day when a report would otherwise be due, the deadline for reporting is automatically extended until the first business day on which the system becomes available following the outage. Use of the ECMPS Client Tool to submit a report or notification required under this subpart satisfies any requirement under subpart A of this part to submit that same report or notification (or the information contained in it) to the appropriate EPA Regional office or state agency whose delegation request has been approved.


(g) You must report each instance in which you did not meet an applicable emissions limit or operating limit in Tables 1 through 4 to this subpart or failed to conduct a required tune-up. These instances are deviations from the requirements of this subpart. These deviations must be reported according to § 63.10031.


(h) You must follow the startup or shutdown requirements as given in Table 3 to this subpart for each coal-fired, liquid oil-fired, or solid oil-derived fuel-fired EGU.


(1) You may use the diluent cap and default gross output values, as described in § 63.10007(f), during startup periods or shutdown periods.


(2) You must operate all CMS, collect data, calculate pollutant emission rates, and record data during startup periods or shutdown periods.


(3) [Reserved]


(4) You may choose to submit an alternative non-opacity emission standard, in accordance with the requirements contained in § 63.10011(g)(4). Until promulgation in the Federal Register of the final alternative non-opacity emission standard, you shall comply with paragraph (1) of the definition of “startup” in § 63.10042.


(i) If you are relying on paragraph 2 of the definition of startup in 40 CFR 63.10042, you must provide reports concerning activities and periods of startup and shutdown that occur on or prior to January 1, 2024, in accordance with 40 CFR 63.10031(c)(5), in your semiannual compliance report. For startup and shutdown incidents that occur on and after January 1, 2024, you must provide the applicable information referenced in 40 CFR 63.10031(c)(5)(ii) and 40 CFR 63.10020(e) quarterly, in PDF files, in accordance with 40 CFR 63.10031(i).


[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23404, Apr. 19, 2012; 78 FR 24086, Apr. 24, 2013; 79 FR 68791, Nov. 19, 2014; 81 FR 20187, Apr. 6, 2016; 82 FR 16739, Apr. 6, 2017; 83 FR 30883, July 2, 2018; 85 FR 55759, Sept. 9, 2020]


§ 63.10022 How do I demonstrate continuous compliance under the emissions averaging provision?

(a) Following the compliance date, the owner or operator must demonstrate compliance with this subpart on a continuous basis by meeting the requirements of paragraphs (a)(1) through (4) of this section.


(1) For each 30- (or 90-) day rolling average period, demonstrate compliance with the average weighted emissions limit for the existing units participating in the emissions averaging option as determined in § 63.10009(f) and (g);


(2) For each existing unit participating in the emissions averaging option that is equipped with PM CPMS, maintain the average parameter value at or below the operating limit established during the most recent performance test;


(3) For each existing unit participating in the emissions averaging option venting to a common stack configuration containing affected units from other subcategories, maintain the appropriate operating limit for each unit as specified in Table 4 to this subpart that applies.


(4) For each existing EGU participating in the emissions averaging option, operate in accordance with the startup or shutdown work practice requirements given in Table 3 to this subpart.


(b) Any instance where the owner or operator fails to comply with the continuous monitoring requirements in paragraphs (a)(1) through (3) of this section is a deviation.


[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23404, Apr. 19, 2012; 79 FR 68791, Nov. 19, 2014]


§ 63.10023 How do I establish my PM CPMS operating limit and determine compliance with it?

(a) During the initial performance test or any such subsequent performance test that demonstrates compliance with the filterable PM, individual non-mercury HAP metals, or total non-mercury HAP metals limit (or for liquid oil-fired units, individual HAP metals or total HAP metals limit, including Hg) in Table 1 or 2, record all hourly average output values (e.g., milliamps, stack concentration, or other raw data signal) from the PM CPMS for the periods corresponding to the test runs (e.g., nine 1-hour average PM CPMS output values for three 3-hour test runs).


(b) Determine your operating limit as provided in paragraph (b)(1) or (b)(2) of this section. You must verify an existing or establish a new operating limit after each repeated performance test.


(1) [Reserved]


(2) Determine your operating limit as follows:


(i) If your PM performance test demonstrates your PM emissions do not exceed 75 percent of your emissions limit, you will use the average PM CPMS value recorded during the PM compliance test, the milliamp equivalent of zero output from your PM CPMS, and the average PM result of your compliance test to establish your operating limit. Calculate the operating limit by establishing a relationship of PM CPMS signal to PM concentration using the PM CPMS instrument zero, the average PM CPMS values corresponding to the three compliance test runs, and the average PM concentration from the Method 5 compliance test with the procedures in (b)(2)(i)(A) through (D) of this section.


(A) Determine your PM CPMS instrument zero output with one of the following procedures.


(1) Zero point data for in-situ instruments should be obtained by removing the instrument from the stack and monitoring ambient air on a test bench.


(2) Zero point data for extractive instruments should be obtained by removing the extractive probe from the stack and drawing in clean ambient air.


(3) The zero point can also can be obtained by performing manual reference method measurements when the flue gas is free of PM emissions or contains very low PM concentrations (e.g., when your process is not operating, but the fans are operating or your source is combusting only natural gas) and plotting these with the compliance data to find the zero intercept.


(4) If none of the steps in paragraphs (A)(1) through (3) of this section are possible, you must use a zero output value provided by the manufacturer.


(B) Determine your PM CPMS instrument average (x) in milliamps, and the average of your corresponding three PM compliance test runs (y), using equation 10.




Where:

Xi = the PM CPMS data points for run i of the performance test,

Yi = the PM emissions value (in lb/MWh) for run i of the performance test, and

n = the number of data points.

(C) With your PM CPMS instrument zero expressed in milliamps, your three run average PM CPMS milliamp value, and your three run average PM emissions value (in lb/MWh) from your compliance runs, determine a relationship of PM lb/MWh per milliamp with equation 11.




Where:

R = the relative PM lb/MWh per milliamp for your PM CPMS,

y
= the three run average PM lb/MWh,

y
x
= the three run average milliamp output from your PM CPMS, and

z = the milliamp equivalent of your instrument zero determined from (b)(2)(i)(A) of this section.

(D) Determine your source specific 30-day rolling average operating limit using the PM lb/MWh per milliamp value from equation 11 in equation 12, below. This sets your operating limit at the PM CPMS output value corresponding to 75 percent of your emission limit.




Where:

OL = the operating limit for your PM CPMS on a 30-day rolling average, in milliamps,

L = your source PM emissions limit in lb/MWh,

z = your instrument zero in milliamps, determined from (b)(2)(i)(A) of this section, and

R = the relative PM lb/MWh per milliamp for your PM CPMS, from equation 11.

(ii) If your PM compliance test demonstrates your PM emissions exceed 75 percent of your emissions limit, you will use the average PM CPMS value recorded during the PM compliance test demonstrating compliance with the PM limit to establish your operating limit.


(A) Determine your operating limit by averaging the PM CPMS milliamp output corresponding to your three PM performance test runs that demonstrate compliance with the emission limit using equation 13.




Where:

Xi = the PM CPMS data points for all runs i,

n = the number of data points, and

Oh = your site specific operating limit, in milliamps.

(iii) Your PM CPMS must provide a 4-20 milliamp output and the establishment of its relationship to manual reference method measurements must be determined in units of milliamps.


(iv) Your PM CPMS operating range must be capable of reading PM concentrations from zero to a level equivalent to two times your allowable emission limit. If your PM CPMS is an auto-ranging instrument capable of multiple scales, the primary range of the instrument must be capable of reading PM concentration from zero to a level equivalent to two times your allowable emission limit.


(v) During the initial performance test or any such subsequent performance test that demonstrates compliance with the PM limit, record and average all milliamp output values from the PM CPMS for the periods corresponding to the compliance test runs.


(vi) For PM performance test reports used to set a PM CPMS operating limit, the electronic submission of the test report must also include the make and model of the PM CPMS instrument, serial number of the instrument, analytical principle of the instrument (e.g. beta attenuation), span of the instruments primary analytical range, milliamp value equivalent to the instrument zero output, technique by which this zero value was determined, and the average milliamp signal corresponding to each PM compliance test run.


(c) You must operate and maintain your process and control equipment such that the 30 operating day average PM CPMS output does not exceed the operating limit determined in paragraphs (a) and (b) of this section.


[77 FR 9464, Feb. 16, 2012, as amended at 78 FR 24086, Apr. 24, 2013; 81 FR 20187, Apr. 6, 2016]


Notification, Reports, and Records

§ 63.10030 What notifications must I submit and when?

(a) You must submit all of the notifications in §§ 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 § 63.9(b)(2), if you startup your EGU that is an affected source before April 16, 2012, you must submit an Initial Notification not later than 120 days after April 16, 2012.


(c) As specified in § 63.9(b)(4) and (b)(5), if you startup your new or reconstructed EGU that is an affected source on or after April 16, 2012, you must submit an Initial Notification not later than 15 days after the actual date of startup of the EGU that is an affected source.


(d) When you are required to conduct a performance test, you must submit a Notification of Intent to conduct a performance test at least 30 days before the performance test is scheduled to begin.


(e) When you are required to conduct an initial compliance demonstration as specified in § 63.10011(a), you must submit a Notification of Compliance Status according to § 63.9(h)(2)(ii). The Notification of Compliance Status report must contain all of the information specified in paragraphs (e)(1) through (8) of this section, that applies to your initial compliance strategy.


(1) A description of the affected source(s), including identification of the subcategory of the source, the design capacity of the source, a description of the add-on controls used on the source, description of the fuel(s) burned, including whether the fuel(s) were determined by you or EPA through a petition process to be a non-waste under 40 CFR 241.3, whether the fuel(s) were processed from discarded non-hazardous secondary materials within the meaning of 40 CFR 241.3, and justification for the selection of fuel(s) burned during the performance test.


(2) Summary of the results of all performance tests and fuel analyses and calculations conducted to demonstrate initial compliance including all established operating limits.


(3) Identification of whether you plan to demonstrate compliance with each applicable emission limit through performance testing; fuel moisture analyses; performance testing with operating limits (e.g., use of PM CPMS); CEMS; or a sorbent trap monitoring system.


(4) Identification of whether you plan to demonstrate compliance by emissions averaging.


(5) A signed certification that you have met all applicable emission limits and work practice standards.


(6) If you had a deviation from any emission limit, work practice standard, or operating limit, you must also submit a brief description of the deviation, the duration of the deviation, emissions point identification, and the cause of the deviation in the Notification of Compliance Status report.


(7) Except for requests to switch from one emission limit to another, as provided in paragraph (e)(7)(iii) of this section, your initial notification of compliance status shall also include the following information:


(i) [Reserved]


(ii) Certifications of compliance, as applicable, and must be signed by a responsible official stating:


(A) “This EGU complies with the requirements in § 63.10021(a) to demonstrate continuous compliance.” and


(B) “No secondary materials that are solid waste were combusted in any affected unit.”


(iii) For each of your existing EGUs, identification of each emissions limit specified in Table 2 to this subpart with which you plan to comply initially. (Note: If, at some future date, you wish to switch from the limit specified in your initial notification of compliance status, you must follow the procedures and meet the conditions of paragraphs (e)(7)(iii)(A) through (C) of this section).


(A) You may switch from a mass per heat input to a mass per gross output limit (or vice-versa), provided that:


(1) You submit a request that identifies for each EGU or EGU emissions averaging group involved in the proposed switch both the current and proposed emission limit;


(2) Your request arrives to the Administrator at least 30 calendar days prior to the date that the switch is proposed to occur;


(3) Your request includes performance stack test results or valid CMS data, obtained within 45 days prior to the date of your submission, demonstrating that each EGU or EGU emissions averaging group is in compliance with both the mass per heat input limit and the mass per gross output limit;


(4) You revise and submit all other applicable plans, e.g., monitoring and emissions averaging, with your request; and


(5) You maintain records of all information regarding your choice of emission limits.


(B) You must begin to use the revised emission limits starting in the next reporting period, after receipt of written acknowledgement from the Administrator of the switch.


(C) From submission of your request until start of the next reporting period after receipt of written acknowledgement from the Administrator of the switch, you must demonstrate compliance with both the mass per heat input and mass per gross output emission limits for each pollutant for each EGU or EGU emissions averaging group.


(8) Identification of whether you plan to rely on paragraph (1) or (2) of the definition of “startup” in § 63.10042.


(i) Should you choose to rely on paragraph (2) of the definition of “startup” in § 63.10042 for your EGU, you shall include a report that identifies:


(A) The original EGU installation date;


(B) The original EGU design characteristics, including, but not limited to, fuel mix and PM controls;


(C) Each design PM control device efficiency established during performance testing or while operating in periods other than startup and shutdown periods;


(D) The design PM emission rate from the EGU in terms of pounds PM per MMBtu and pounds PM per hour established during performance testing or while operating in periods other than startup and shutdown periods;


(E) The design time from start of fuel combustion to necessary conditions for each PM control device startup;


(F) Each design PM control device efficiency upon startup of the PM control device, if different from the efficiency provided in paragraph (e)(8)(i)(C) of this section;


(G) Current EGU PM producing characteristics, including, but not limited to, fuel mix and PM controls, if different from the characteristics provided in paragraph (e)(8)(i)(B) of this section;


(H) Current PM control device efficiency from each PM control device, if different from the efficiency provided in paragraph (e)(8)(i)(C) of this section;


(I) Current PM emission rate from the EGU in terms of pounds PM per MMBtu and pounds per hour, if different from the rate provided in paragraph (e)(8)(i)(D) of this section;


(J) Current time from start of fuel combustion to conditions necessary for each PM control device startup, if different from the time provided in paragraph (e)(8)(i)(E) of this section; and


(K) Current PM control device efficiency upon startup of each PM control device, if different from the efficiency provided in paragraph (e)(8)(i)(H) of this section.


(ii) The report shall be prepared, signed, and sealed by a professional engineer licensed in the state where your EGU is located.


(iii) You may switch from paragraph (1) of the definition of “startup” in § 63.10042 to paragraph (2) of the definition of “startup” (or vice-versa), provided that:


(A) You submit a request that identifies for each EGU or EGU emissions averaging group involved in the proposed switch both the current definition of “startup” relied on and the proposed definition you plan to rely on;


(B) Your request arrives to the Administrator at least 30 calendar days prior to the date that the switch is proposed to occur;


(C) You revise and submit all other applicable plans, e.g., monitoring and emissions averaging, with your submission;


(D) You maintain records of all information regarding your choice of the definition of “startup”; and


(E) You begin to use the revised definition of “startup” in the next reporting period after receipt of written acknowledgement from the Administrator of the switch.


(f) You must submit the notifications in § 63.10000(h)(2) and (i)(2) that may apply to you by the dates specified.


[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23404, Apr. 19, 2012; 78 FR 24087, Apr. 24, 2013; 79 FR 68791, Nov. 19, 2014; 81 FR 20187, Apr. 6, 2016; 85 FR 55760, Sept. 9, 2020]


§ 63.10031 What reports must I submit and when?

(a) You must submit each report in this section that applies to you.


(1) If you are required to (or elect to) monitor Hg emissions continuously, you must meet the electronic reporting requirements of appendix A to this subpart.


(2) If you elect to monitor HCl and/or HF emissions continuously, you must meet the electronic reporting requirements of appendix B to this subpart. Notwithstanding this requirement, if you opt to certify your HCl monitor according to Performance Specification 18 in appendix B to part 60 of this chapter and to use Procedure 6 in appendix F to part 60 of this chapter for on-going QA of the monitor, then, on and prior to December 31, 2023, report only hourly HCl emissions data and the results of daily calibration drift tests and relative accuracy test audits (RATAs) performed on or prior to that date; keep records of all of the other required certification and QA tests and report them, starting in 2024.


(3) If you elect to monitor filterable PM emissions continuously, you must meet the electronic reporting requirements of appendix C to this subpart. Electronic reporting of hourly PM emissions data shall begin with the later of the first operating hour on or after January 1, 2024; or the first operating hour after completion of the initial PM CEMS correlation test.


(4) If you elect to demonstrate continuous compliance using a PM CPMS, you must meet the electronic reporting requirements of appendix D to this subpart. Electronic reporting of the hourly PM CPMS output shall begin with the later of the first operating hour on or after January 1, 2024; or the first operating hour after completion of the initial performance stack test that establishes the operating limit for the PM CPMS.


(5) If you elect to monitor SO2 emission rate continuously as a surrogate for HCl, you must use the ECMPS Client Tool to submit the following information to EPA (except where it is already required to be reported or has been previously provided under the Acid Rain Program or another emissions reduction program that requires the use of part 75 of this chapter):


(i) Monitoring plan information for the SO2 CEMS and for any additional monitoring systems that are required to convert SO2 concentrations to units of the emission standard, in accordance with sections 75.62 and 75.64(a)(4) of this chapter;


(ii) Certification, recertification, quality-assurance, and diagnostic test results for the SO2 CEMS and for any additional monitoring systems that are required to convert SO2 concentrations to units of the emission standard, in accordance with section 75.64(a)(5); and


(iii) Quarterly electronic emissions reports. You must submit an electronic quarterly report within 30 days after the end of each calendar quarter, starting with a report for the calendar quarter in which the initial 30 boiler operating day performance test begins. Each report must include the following information:


(A) The applicable operating data specified in section 75.57(b) of this chapter;


(B) An hourly data stream for the unadjusted SO2 concentration (in ppm, rounded to one decimal place), and separate unadjusted hourly data streams for the other parameters needed to convert the SO2 concentrations to units of the standard. (Note: If a default moisture value is used in the emission rate calculations, an hourly data stream is not required for moisture; rather, the default value must be reported in the electronic monitoring plan.);


(C) An hourly SO2 emission rate data stream, in units of the standard (i.e., lb/MMBtu or lb/MWh, as applicable), calculated according to 40 CFR 63.10007(e) and (f)(1), rounded to the same precision as the emission standard (i.e., with one leading non-zero digit and one decimal place), expressed in scientific notation. Use the following rounding convention: If the digit immediately following the first decimal place is 5 or greater, round the first decimal place upward (increase it by one); if the digit immediately following the first decimal place is 4 or less, leave the first decimal place unchanged;


(D) The results of all required daily quality-assurance tests of the SO2 monitor and the additional monitors used to convert SO2 concentration to units of the standard, as specified in appendix B to part 75 of this chapter; and


(E) A compliance certification, which includes a statement, based on reasonable inquiry of those persons with primary responsibility for ensuring that all SO2 emissions from the affected EGUs under this subpart have been correctly and fully monitored, by a responsible official with that official’s name, title, and signature, certifying that, to the best of his or her knowledge, the report is true, accurate, and complete. You must submit such a compliance certification statement in support of each quarterly report.


(b) You must submit semiannual compliance reports 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 40 CFR 63.9984 (or, if applicable, the extended compliance date approved under 40 CFR 63.6(i)(4)) 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 40 CFR 63.9984 (or, if applicable, the extended compliance date approved under 40 CFR 63.6(i)(4)).


(2) The first compliance report must be submitted electronically no later than July 31 or January 31, whichever date is the first date following the end of the first calendar half after the compliance date that is specified for your source in 40 CFR 63.9984 (or, if applicable, the extended compliance date approved under 40 CFR 63.6(i)(4)).


(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 submitted electronically no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period.


(5) For each affected source that is subject to permitting regulations pursuant to part 70 or part 71 of this chapter, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), through the reporting period that ends December 31, 2023, 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.


(6) The final semiannual compliance report shall cover the reporting period from July 1, 2023, through December 31, 2023. Quarterly compliance reports shall be submitted thereafter, in accordance with paragraph (g) of this section, starting with a report covering the first calendar quarter of 2024.


(c) The semiannual compliance report must contain the information required in paragraphs (c)(1) through (10) of this section.


(1) The information required by the summary report located in 63.10(e)(3)(vi).


(2) The total fuel use by each affected source subject to an emission limit, for each calendar month within the semiannual reporting period, including, but not limited to, a description of the fuel, whether the fuel has received a non-waste determination by EPA or your basis for concluding that the fuel is not a waste, and the total fuel usage amount with units of measure.


(3) Indicate whether you burned new types of fuel during the reporting period. If you did burn new types of fuel you must include the date of the performance test where that fuel was in use.


(4) Include the date of the most recent tune-up for each EGU. The date of the tune-up is the date the tune-up provisions specified in § 63.10021(e)(6) and (7) were completed.


(5) Should you choose to rely on paragraph (2) of the definition of “startup” in § 63.10042 for your EGU, for each instance of startup or shutdown you shall:


(i) Include the maximum clean fuel storage capacity and the maximum hourly heat input that can be provided for each clean fuel determined according to the requirements of § 63.10032(f).


(ii) Include the information required to be monitored, collected, or recorded according to the requirements of § 63.10020(e).


(iii) – (v) [Reserved]


(6) You must report emergency bypass information annually from EGUs with LEE status.


(7) A summary of the results of the annual performance tests and documentation of any operating limits that were reestablished during the test, if applicable. If you are conducting stack tests once every 3 years to maintain LEE status, consistent with § 63.10006(b), the date of each stack test conducted during the previous 3 years, a comparison of emission level you achieved in each stack test conducted during the previous 3 years to the 50 percent emission limit threshold required in § 63.10005(h)(1)(i), and a statement as to whether there have been any operational changes since the last stack test that could increase emissions.


(8) A certification.


(9) If you have a deviation from any emission limit, work practice standard, or operating limit, you must also submit a brief description of the deviation, the duration of the deviation, emissions point identification, and the cause of the deviation.


(10) If you had any process or control equipment malfunction(s) during the reporting period, you must include the number, duration, and a brief description for each type of malfunction which occurred during the semiannual reporting period which caused or may have caused any applicable emission limitation to be exceeded.


(d) Excess emissions and deviation reporting. For EGUs whose owners or operators rely on a CMS to comply with an emissions or operating limit, the semiannual compliance reports described in paragraph (c) of this section must include the excess emissions and monitor downtime summary report described in 40 CFR 63.10(e)(3)(vi). However, starting with the first calendar quarter of 2024, reporting of the information under 40 CFR 63.10(e)(3)(vi) (and under paragraph (e)(3)(v), if the applicable excess emissions and/or monitor downtime threshold is exceeded) is discontinued for all CMS, and you must, instead, include in the quarterly compliance reports described in paragraph (g) of this section the applicable data elements in section 13 of appendix E to this subpart for any “deviation” (as defined in 40 CFR 63.10042 and elsewhere in this subpart) that occurred during the calendar quarter. If there were no deviations, you must include a statement to that effect in the quarterly compliance report.


(e) Each affected source that has obtained a title V operating permit pursuant to part 70 or part 71 of this chapter must report all deviations as defined in this subpart in the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If an affected source submits a semiannual compliance report pursuant to paragraphs (c) and (d) of this section, or two quarterly compliance reports covering the appropriate calendar half pursuant to paragraph (g) of this section, 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(s) includes all required information concerning deviations from any emission limit, operating limit, or work practice requirement in this subpart, submission of the compliance report(s) satisfies any obligation to report the same deviations in the semiannual monitoring report. Submission of the compliance report(s) does not otherwise affect any obligation the affected source may have to report deviations from permit requirements to the permit authority.


(f) For each performance stack test completed prior to January 1, 2024, (including 30- (or 90-) boiler operating day Hg LEE demonstration tests and PM tests to establish operating limits for PM CPMS), you must submit a PDF test report in accordance with paragraph (f)(6) of this section, no later than 60 days after the date on which the testing is completed. For each test completed on or after January 1, 2024, in accordance with 40 CFR 63.10031(g), submit the applicable reference method information in sections 17 through 31 of appendix E to this subpart along with the quarterly compliance report for the calendar quarter in which the test was completed.


(1) For each RATA of an Hg, HCl, HF, or SO2 monitoring system completed prior to January 1, 2024, and for each PM CEMS correlation test, each relative response audit (RRA) and each response correlation audit (RCA) of a PM CEMS completed prior to that date, you must submit a PDF test report in accordance with paragraph (f)(6) of this section, no later than 60 days after the date on which the test is completed. For each SO2 or Hg RATA completed on or after January 1, 2024, you must submit the applicable reference method information in sections 17 through 31 of appendix E to this subpart prior to or concurrent with the relevant quarterly emissions report. For HCl or HF RATAs, and for correlation tests, RRAs, and RCAs of PM CEMS that are completed on or after January 1, 2024, submit the appendix E reference method information together with the summarized electronic test results, in accordance with section 11.4 of appendix B to this subpart or section 7.2.4 of appendix C to this part, as applicable.


(2) If, for a particular EGU or a group of EGUs serving a common stack, you have elected to demonstrate compliance using a PM CEMS, an approved HAP metals CEMS, or a PM CPMS, you must submit quarterly PDF reports in accordance with paragraph (f)(6) of this section, which include all of the 30-boiler operating day rolling average emission rates derived from the CEMS data or the 30-boiler operating day rolling average responses derived from the PM CPMS data (as applicable). The quarterly reports are due within 60 days after the reporting periods ending on March 31st, June 30th, September 30th, and December 31st. Submission of these quarterly reports in PDF files shall end with the report that covers the fourth calendar quarter of 2023. Beginning with the first calendar quarter of 2024, the compliance averages shall no longer be reported separately, but shall be incorporated into the quarterly compliance reports described in paragraph (g) of this section. In addition to the compliance averages for PM CEMS, PM CPMS, and/or HAP metals CEMS, the quarterly compliance reports described in paragraph (g) of this section must also include the 30- (or, if applicable 90-) boiler operating day rolling average emission rates for Hg, HCl, HF, and/or SO2, if you have elected to (or are required to) continuously monitor these pollutants. Further, if your EGU or common stack is in an averaging plan, your quarterly compliance reports must identify all of the EGUs or common stacks in the plan and must include all of the 30- (or 90-) group boiler operating day rolling weighted average emission rates (WAERs) for the averaging group.


(3) [Reserved]


(4) You must submit semiannual compliance reports as required under paragraphs (b) through (d) of this section, ending with a report covering the semiannual period from July 1 through December 31, 2023, and Notifications of Compliance Status as required under section 63.10030(e), as PDF files. Quarterly compliance reports shall be submitted in XML format thereafter, in accordance with paragraph (g) of this section, starting with a report covering the first calendar quarter of 2024.


(5) All reports required by this subpart not subject to the requirements in paragraphs (f) introductory text and (f)(1) through (4) of this section must be sent to the Administrator at the appropriate address listed in § 63.13. If acceptable to both the Administrator and the owner or operator of an EGU, these reports may be submitted on electronic media. The Administrator retains the right to require submittal of reports subject to paragraphs (f) introductory text and (f)(1) through (4) of this section in paper format.


(6) All reports and notifications described in paragraphs (f) introductory text, (f)(1), (2), and (4) of this section shall be submitted to the EPA in the specified format and at the specified frequency, using the ECMPS Client Tool. Each PDF version of a stack test report, CEMS RATA report, PM CEMS correlation test report, RRA report, and RCA report must include sufficient information to assess compliance and to demonstrate that the reference method testing was done properly. Note that EPA will continue to accept, as necessary, PDF reports that are being phased out at the end of 2023, if the submission deadlines for those reports extend beyond December 31, 2023. The following data elements must be entered into the ECMPS Client Tool at the time of submission of each PDF file:


(i) The facility name, physical address, mailing address (if different from the physical address), and county;


(ii) The ORIS code (or equivalent ID number assigned by EPA’s Clean Air Markets Division (CAMD)) and the Facility Registry System (FRS) ID;


(iii) The EGU (or EGUs) to which the report applies. Report the EGU IDs as they appear in the CAMD Business System;


(iv) If any of the EGUs in paragraph (f)(6)(iii) of this section share a common stack, indicate which EGUs share the stack. If emissions data are monitored and reported at the common stack according to part 75 of this chapter, report the ID number of the common stack as it is represented in the electronic monitoring plan required under § 75.53 of this chapter;


(v) If any of the EGUs described in paragraph (f)(6)(iii) of this section are in an averaging plan under § 63.10009, indicate which EGUs are in the plan and whether it is a 30- or 90-day averaging plan;


(vi) The identification of each emission point to which the report applies. An “emission point” is a point at which source effluent is released to the atmosphere, and is either a dedicated stack that serves one of the EGUs identified in paragraph (f)(6)(iii) of this section or a common stack that serves two or more of those EGUs. To identify an emission point, associate it with the EGU or stack ID in the CAMD Business system or the electronic monitoring plan (e.g., “Unit 2 stack,” “common stack CS001,” or “multiple stack MS001”);


(vii) An indication of the type of PDF report or notification being submitted;


(viii) The pollutant(s) being addressed in the report;


(ix) The reporting period being covered by the report (if applicable);


(x) The relevant test method that was performed for a performance test (if applicable);


(xi) The date the performance test was completed (if applicable) and the test number (if applicable); and


(xii) The responsible official’s name, title, and phone number.


(g) Starting with a report for the first calendar quarter of 2024, you must use the ECMPS Client Tool to submit quarterly electronic compliance reports. Each quarterly compliance report shall include the applicable data elements in sections 2 through 13 of appendix E to this subpart. For each stack test summarized in the compliance report, you must also submit the applicable reference method information in sections 17 through 31 of appendix E to this subpart. The compliance reports and associated appendix E information must be submitted no later than 60 days after the end of each calendar quarter.


(h) On and after January 1, 2024, initial Notifications of Compliance Status (if any) shall be submitted in accordance with 40 CFR 63.9(h)(2)(ii), as PDF files, using the ECMPS Client Tool. The applicable data elements in paragraphs (f)(6)(i) through (xii) of this section must be entered into ECMPS with each Notification.


(i) If you have elected to use paragraph (2) of the definition of “startup” in 40 CFR 63.10042, then, for startup and shutdown incidents that occur on or prior to December 31, 2023, you must include the information in 40 CFR 63.10031(c)(5) in the semiannual compliance report, in a PDF file. If you have elected to use paragraph (2) of the definition of “startup” in 40 CFR 63.10042, then, for startup and shutdown event(s) that occur on or after January 1, 2024, you must use the ECMPS Client Tool to submit the information in 40 CFR 63.10031(c)(5) and 40 CFR 63.10020(e) along with each quarterly compliance report, in a PDF file, starting with a report for the first calendar quarter of 2024. The applicable data elements in paragraphs (f)(6)(i) through (xii) of this section must be entered into ECMPS with each startup and shutdown report.


(j) If you elect to use a certified PM CEMS to monitor PM emissions continuously to demonstrate compliance with this subpart and have begun recording valid data from the PM CEMS prior to November 9, 2020, you must use the ECMPS Client Tool to submit a detailed report of your PS 11 correlation test (see appendix B to part 60 of this chapter) in a PDF file no later than 60 days after that date. For a correlation test completed on or after November 9, 2020, but prior to January 1, 2024, you must submit the PDF report no later than 60 days after the date on which the test is completed. For a correlation test completed on or after January 1, 2024, you must submit the PDF report according to section 7.2.4 of appendix C to this subpart. The applicable data elements in paragraph (f)(6)(i) through (xii) of this section must be entered into ECMPS with the PDF report.


(k) If you elect to demonstrate compliance using a PM CPMS or an approved HAP metals CEMS, you must submit quarterly reports of your QA/QC activities (e.g., calibration checks, performance audits), in a PDF file, beginning with a report for the first quarter of 2024, if the PM CPMS or HAP metals CEMS is used for the compliance demonstration in that quarter. Otherwise, submit a report for the first calendar quarter in which the PM CPMS or HAP metals CEMS is used to demonstrate compliance. These reports are due no later than 60 days after the end of each calendar quarter. The applicable data elements in paragraph (f)(6)(i) through (xii) of this section must be entered into ECMPS with the PDF report.


[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23404, Apr. 19, 2012; 79 FR 68791, Nov. 19, 2014; 79 FR 68799, Nov. 19, 2014; 80 FR 15514, Mar. 24, 2015; 81 FR 20188, Apr. 6, 2016; 82 FR 16739, Apr. 6, 2017; 83 FR 30883, July 2, 2018; 85 FR 55760, Sept. 9, 2020]


§ 63.10032 What records must I keep?

(a) You must keep records according to paragraphs (a)(1) and (2) of this section. If you are required to (or elect to) continuously monitor Hg and/or HCl and/or HF and/or PM emissions, or if you elect to use a PM CPMS, you must keep the records required under appendix A and/or appendix B and/or appendix C and/or appendix D to this subpart. If you elect to conduct periodic (e.g., quarterly or annual) performance stack tests, then, for each test completed on or after January 1, 2024, you must keep records of the applicable data elements under 40 CFR 63.7(g). You must also keep records of all data elements and other information in appendix E to this subpart that apply to your compliance strategy.


(1) In accordance with 40 CFR 63.10(b)(2)(xiv), a copy of each notification or report that you submit to comply with this subpart. You must also keep records of all supporting documentation for the initial Notifications of Compliance Status, semiannual compliance reports, or quarterly compliance reports that you submit.


(2) Records of performance stack tests, fuel analyses, or other compliance demonstrations and performance evaluations, as required in § 63.10(b)(2)(viii).


(b) For each CEMS and CPMS, you must keep records according to paragraphs (b)(1) through (4) of this section.


(1) Records described in § 63.10(b)(2)(vi) through (xi).


(2) Previous (i.e., superseded) versions of the performance evaluation plan as required in § 63.8(d)(3).


(3) Request for alternatives to relative accuracy test for CEMS as required in § 63.8(f)(6)(i).


(4) Records of the date and time that each deviation started and stopped, and whether the deviation occurred during a period of startup, shutdown, or malfunction or during another period.


(c) You must keep the records required in Table 7 to this subpart including records of all monitoring data and calculated averages for applicable PM CPMS operating limits to show continuous compliance with each emission limit and operating limit that applies to you.


(d) For each EGU subject to an emission limit, you must also keep the records in paragraphs (d)(1) through (3) of this section.


(1) You must keep records of monthly fuel use by each EGU, including the type(s) of fuel and amount(s) used.


(2) If you combust non-hazardous secondary materials that have been determined not to be solid waste pursuant to 40 CFR 241.3(b)(1), you must keep a record which documents how the secondary material meets each of the legitimacy criteria. If you combust a fuel that has been processed from a discarded non-hazardous secondary material pursuant to 40 CFR 241.3(b)(2), you must keep records as to how the operations that produced the fuel satisfies the definition of processing in 40 CFR 241.2. If the fuel received a non-waste determination pursuant to the petition process submitted under 40 CFR 241.3(c), you must keep a record which documents how the fuel satisfies the requirements of the petition process.


(3) For an EGU that qualifies as an LEE under § 63.10005(h), you must keep annual records that document that your emissions in the previous stack test(s) continue to qualify the unit for LEE status for an applicable pollutant, and document that there was no change in source operations including fuel composition and operation of air pollution control equipment that would cause emissions of the pollutant to increase within the past year.


(e) If you elect to average emissions consistent with § 63.10009, you must additionally keep a copy of the emissions averaging implementation plan required in § 63.10009(g), all calculations required under § 63.10009, including daily records of heat input or steam generation, as applicable, and monitoring records consistent with § 63.10022.


(f) Regarding startup periods or shutdown periods:


(1) Should you choose to rely on paragraph (1) of the definition of “startup” in § 63.10042 for your EGU, you must keep records of the occurrence and duration of each startup or shutdown.


(2) Should you choose to rely on paragraph (2) of the definition of “startup” in § 63.10042 for your EGU, you must keep records of:


(i) The determination of the maximum possible clean fuel capacity for each EGU;


(ii) The determination of the maximum possible hourly clean fuel heat input and of the hourly clean fuel heat input for each EGU; and


(iii) The information required in § 63.10020(e).


(g) You must keep records of the occurrence and duration of each malfunction of an operation (i.e., process equipment) or the air pollution control and monitoring equipment.


(h) You must keep records of actions taken during periods of malfunction to minimize emissions in accordance with § 63.10000(b), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation.


(i) You must keep records of the type(s) and amount(s) of fuel used during each startup or shutdown.


(j) If you elect to establish that an EGU qualifies as a limited-use liquid oil-fired EGU, you must keep records of the type(s) and amount(s) of fuel use in each calendar quarter to document that the capacity factor limitation for that subcategory is met.


[77 FR 9464, Feb. 16, 2012, as amended at 79 FR 68792, Nov. 19, 2014; 81 FR 20189, Apr. 6, 2016; 85 FR 55763, Sept. 9, 2020]


§ 63.10033 In what form and how long must I keep my records?

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


(b) As specified in § 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 § 63.10(b)(1). You can keep the records off site for the remaining 3 years.


Other Requirements and Information

§ 63.10040 What parts of the General Provisions apply to me?

Table 9 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.


§ 63.10041 Who implements and enforces this subpart?

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


(b) In delegating implementation and enforcement authority of this subpart to a state, local, or tribal agency under 40 CFR part 63, subpart E, the authorities listed in paragraphs (b)(1) through (4) of this section are retained by the EPA Administrator and are not transferred to the state, local, or tribal agency; moreover, the U.S. EPA retains oversight of this subpart and can take enforcement actions, as appropriate, with respect to any failure by any person to comply with any provision of this subpart.


(1) Approval of alternatives to the non-opacity emission limits and work practice standards in § 63.9991(a) and (b) under § 63.6(g).


(2) Approval of major change to test methods in Table 5 to this subpart under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90, approval of minor and intermediate changes to monitoring performance specifications/procedures in Table 5 where the monitoring serves as the performance test method (see definition of “test method” in § 63.2.


(3) Approval of major changes to monitoring under § 63.8(f) and as defined in § 63.90.


(4) Approval of major change to recordkeeping and reporting under § 63.10(e) and as defined in § 63.90.


§ 63.10042 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act (CAA), in § 63.2 (the General Provisions), and in this section as follows:


Affirmative defense means, in the context of an enforcement proceeding, a response or defense put forward by a defendant, regarding which the defendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding.


Anthracite coal means solid fossil fuel classified as anthracite coal by American Society of Testing and Materials (ASTM) Method D388-05, “Standard Classification of Coals by Rank” (incorporated by reference, see § 63.14).


Bituminous coal means coal that is classified as bituminous according to ASTM Method D388-05, “Standard Classification of Coals by Rank” (incorporated by reference, see § 63.14).


Boiler operating day means a 24-hour period that begins at midnight and ends the following midnight during which any fuel is combusted at any time in the EGU, excluding startup periods or shutdown periods. It is not necessary for the fuel to be combusted the entire 24-hour period.


Capacity factor for a liquid oil-fired EGU means the total annual heat input from oil divided by the product of maximum hourly heat input for the EGU, regardless of fuel, multiplied by 8,760 hours.


Clean fuel means natural gas, synthetic natural gas that meets the specification necessary for that gas to be transported on a Federal Energy Regulatory Commission (FERC) regulated pipeline, propane, distillate oil, synthesis gas that has been processed through a gas clean-up train such that it could be used in a system’s combustion turbine, or ultra-low-sulfur diesel (ULSD) oil, including those fuels meeting the requirements of 40 CFR part 80, subpart I (“Subpart I – Motor Vehicle Diesel Fuel; Nonroad, Locomotive, and Marine Diesel Fuel; and ECA Marine Fuel”).


Coal means all solid fuels classifiable as anthracite, bituminous, sub-bituminous, or lignite by ASTM Method D388-05, “Standard Classification of Coals by Rank” (incorporated by reference, see § 63.14), and coal refuse. Synthetic fuels derived from coal for the purpose of creating useful heat including but not limited to, coal derived gases (not meeting the definition of natural gas), solvent-refined coal, coal-oil mixtures, and coal-water mixtures, are considered “coal” for the purposes of this subpart.


Coal-fired electric utility steam generating unit means an electric utility steam generating unit meeting the definition of “fossil fuel-fired” that burns coal for more than 10.0 percent of the average annual heat input during the 3 previous calendar years after the compliance date for your facility in § 63.9984 or for more than 15.0 percent of the annual heat input during any one of those calendar years. EGU owners and operators must estimate coal, oil, and natural gas usage for the first 3 calendar years after the applicable compliance date and they are solely responsible for assuring compliance with this final rule or other applicable standard based on their fuel usage projections. After the first 3 years of compliance, EGUs are required to evaluate applicability based on coal or oil usage from the three previous calendars years on an annual rolling basis.


Coal refuse means waste products of coal mining, physical coal cleaning, and coal preparation operations (e.g. culm, gob, etc.) containing coal, matrix material, clay, and other organic and inorganic material.


Cogeneration means a steam-generating unit that simultaneously produces both electrical and useful thermal (or mechanical) energy from the same primary energy source.


Cogeneration unit means a stationary, fossil fuel-fired EGU meeting the definition of “fossil fuel-fired” or stationary, integrated gasification combined cycle:


(1) Having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy; and


(2) Producing during the 12-month period starting on the date the unit first produces electricity and during any calendar year after which the unit first produces electricity:


(i) For a topping-cycle cogeneration unit,


(A) Useful thermal energy not less than 5 percent of total energy output; and


(B) Useful power that, when added to one-half of useful thermal energy produced, is not less than 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output.


(ii) For a bottoming-cycle cogeneration unit, useful power not less than 45 percent of total energy input.


(3) Provided that the total energy input under paragraphs (2)(i)(B) and (2)(ii) of this definition shall equal the unit’s total energy input from all fuel except biomass if the unit is a boiler.


Combined-cycle gas stationary combustion turbine means a stationary combustion turbine system where heat from the turbine exhaust gases is recovered by a waste heat boiler.


Common stack means the exhaust of emissions from two or more affected units through a single flue.


Continental liquid oil-fired subcategory means any oil-fired electric utility steam generating unit that burns liquid oil and is located in the continental United States.


Default electrical load means an electrical load equal to 5 percent of the maximum sustainable electrical output (megawatts), as defined in section 6.5.2.1(a)(1) of Appendix A to part 75 of this chapter, of an affected EGU that is in startup or shutdown mode. For monitored common stack configurations, the default electrical load is 5 percent of the combined maximum sustainable electrical load of the EGUs that are in startup or shutdown mode during an hour in which the electrical load for all operating EGUs is zero. The default electrical load is used to calculate the electrical output-based emission rate (lb/MWh or lb/GWh, as applicable) for any startup or shutdown hour in which the actual electrical load is zero. The default electrical load is not used for EGUs required to make heat input-based emission rate (lb/MMBtu or lb/TBtu, as applicable) calculations. For the purposes of this subpart, the default electrical load is not considered to be a substitute data value.


Deviation. (1) Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source:


(i) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any emission limit, operating limit, work practice standard, or monitoring requirement; or


(ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit.


(2) A deviation is not always a violation. The determination of whether a deviation constitutes a violation of the standard is up to the discretion of the entity responsible for enforcement of the standards.


Diluent cap means a default CO2 or O2 concentration that may be used to calculate the Hg, HCl, HF, PM, or SO2 emission rate (lb/MMBtu or lb/TBtu, as applicable) during a startup or shutdown hour in which the measured CO2 concentration is below the cap value or the measured O2 concentration is above the cap value. The appropriate diluent cap values for EGUs are presented in § 63.10007(f) and in section 6.2.1.2 of Appendix A to this subpart. For the purposes of this subpart, the diluent cap is not considered to be a substitute data value.


Distillate oil means fuel oils, including recycled oils, that comply with the specifications for fuel oil numbers 1 and 2, as defined by ASTM Method D396-10, “Standard Specification for Fuel Oils” (incorporated by reference, see § 63.14).


Dry flue gas desulfurization technology, or dry FGD, or spray dryer absorber (SDA), or spray dryer, or dry scrubber means an add-on air pollution control system located downstream of the steam generating unit that injects a dry alkaline sorbent (dry sorbent injection) or sprays an alkaline sorbent slurry (spray dryer) to react with and neutralize acid gases such as SO2 and HCl in the exhaust stream forming a dry powder material. Alkaline sorbent injection systems in fluidized bed combustors (FBC) or circulating fluidized bed (CFB) boilers are included in this definition.


Dry sorbent injection (DSI) means an add-on air pollution control system in which sorbent (e.g., conventional activated carbon, brominated activated carbon, Trona, hydrated lime, sodium carbonate, etc.) is injected into the flue gas steam upstream of a PM control device to react with and neutralize acid gases (such as SO2 and HCl) or Hg in the exhaust stream forming a dry powder material that may be removed in a primary or secondary PM control device.


Eastern bituminous coal refuse (EBCR) means coal refuse generated from the mining of bituminous coal in Pennsylvania and West Virginia.


Electric Steam generating unit means any furnace, boiler, or other device used for combusting fuel for the purpose of producing steam (including fossil-fuel-fired steam generators associated with integrated gasification combined cycle gas turbines; nuclear steam generators are not included) for the purpose of powering a generator to produce electricity or electricity and other thermal energy.


Electric utility steam generating unit (EGU) means a fossil fuel-fired combustion unit of more than 25 megawatts electric (MWe) that serves a generator that produces electricity for sale. A fossil fuel-fired unit that cogenerates steam and electricity and supplies more than one-third of its potential electric output capacity and more than 25 MWe output to any utility power distribution system for sale is considered an electric utility steam generating unit.


Emission limitation means any emissions limit, work practice standard, or operating limit.


Excess emissions means, with respect to this subpart, results of any required measurements outside the applicable range (e.g., emissions limitations, parametric operating limits) that is permitted by this subpart. The values of measurements will be in the same units and averaging time as the values specified in this subpart for the limitations.


Federally enforceable means all limitations and conditions that are enforceable by the Administrator, including the requirements of 40 CFR parts 60, 61, and 63; requirements within any applicable state implementation plan; and any permit requirements established under 40 CFR 52.21 or under 40 CFR 51.18 and 40 CFR 51.24.


Flue gas desulfurization system means any add-on air pollution control system located downstream of the steam generating unit whose purpose or effect is to remove at least 50 percent of the SO2 in the exhaust gas stream.


Fossil fuel means natural gas, oil, coal, and any form of solid, liquid, or gaseous fuel derived from such material.


Fossil fuel-fired means an electric utility steam generating unit (EGU) that is capable of producing more than 25 MW of electrical output from the combustion of fossil fuels. To be “capable of combusting” fossil fuels, an EGU would need to have these fuels allowed in its operating permit and have the appropriate fuel handling facilities on-site or otherwise available (e.g., coal handling equipment, including coal storage area, belts and conveyers, pulverizers, etc.; oil storage facilities). In addition, fossil fuel-fired means any EGU that fired fossil fuels for more than 10.0 percent of the average annual heat input during the 3 previous calendar years after the compliance date for your facility in § 63.9984 or for more than 15.0 percent of the annual heat input during any one of those calendar years. EGU owners and operators must estimate coal, oil, and natural gas usage for the first 3 calendar years after the applicable compliance date and they are solely responsible for assuring compliance with this final rule or other applicable standard based on their fuel usage projections. After the first 3 years of compliance, EGUs are required to evaluate applicability based on coal or oil usage from the three previous calendars years on an annual rolling basis.


Fuel type means each category of fuels that share a common name or classification. Examples include, but are not limited to, bituminous coal, subbituminous coal, lignite, anthracite, biomass, and residual oil. Individual fuel types received from different suppliers are not considered new fuel types.


Fluidized bed boiler, or fluidized bed combustor, or circulating fluidized boiler, or CFB means a boiler utilizing a fluidized bed combustion process.


Fluidized bed combustion means a process where a fuel is burned in a bed of granulated particles which are maintained in a mobile suspension by the upward flow of air and combustion products.


Gaseous fuel includes, but is not limited to, natural gas, process gas, landfill gas, coal derived gas, solid oil-derived gas, refinery gas, and biogas.


Generator means a device that produces electricity.


Gross output means the gross useful work performed by the steam generated and, for an IGCC electric utility steam generating unit, the work performed by the stationary combustion turbines. For a unit generating only electricity, the gross useful work performed is the gross electrical output from the unit’s turbine/generator sets. For a cogeneration unit, the gross useful work performed is the gross electrical output, including any such electricity used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls), or mechanical output plus 75 percent of the useful thermal output measured relative to ISO conditions that is not used to generate additional electrical or mechanical output or to enhance the performance of the unit (i.e., steam delivered to an industrial process).


Heat input means heat derived from combustion of fuel in an EGU (synthetic gas for an IGCC) and does not include the heat input from preheated combustion air, recirculated flue gases, or exhaust gases from other sources such as gas turbines, internal combustion engines, etc.


Integrated gasification combined cycle electric utility steam generating unit or IGCC means an electric utility steam generating unit meeting the definition of “fossil fuel-fired” that burns a synthetic gas derived from coal and/or solid oil-derived fuel for more than 10.0 percent of the average annual heat input during the 3 previous calendar years after the compliance date for your facility in § 63.9984 or for more than 15.0 percent of the annual heat input during any one of those calendar years in a combined-cycle gas turbine. EGU owners and operators must estimate coal, oil, and natural gas usage for the first 3 calendar years after the applicable compliance date and they are solely responsible for assuring compliance with this final rule or other applicable standard based on their fuel usage projections. No solid coal or solid oil-derived fuel is directly burned in the unit during operation. After the first 3 years of compliance, EGUs are required to evaluate applicability based on coal or oil usage from the three previous calendars years on an annual rolling basis.


ISO conditions means a temperature of 288 Kelvin, a relative humidity of 60 percent, and a pressure of 101.3 kilopascals.


Lignite coal means coal that is classified as lignite A or B according to ASTM Method D388-05, “Standard Classification of Coals by Rank” (incorporated by reference, see § 63.14).


Limited-use liquid oil-fired subcategory means an oil-fired electric utility steam generating unit with an annual capacity factor when burning oil of less than 8 percent of its maximum or nameplate heat input, whichever is greater, averaged over a 24-month block contiguous period commencing on the first of the month following the compliance date specified in § 63.9984.


Liquid fuel includes, but is not limited to, distillate oil and residual oil.


Monitoring system malfunction means any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions.


Natural gas means a naturally occurring fluid mixture of hydrocarbons (e.g., methane, ethane, or propane) produced in geological formations beneath the Earth’s surface that maintains a gaseous state at standard atmospheric temperature and pressure under ordinary conditions. Natural gas contains 20.0 grains or less of total sulfur per 100 standard cubic feet. Additionally, natural gas must either be composed of at least 70 percent methane by volume or have a gross calorific value between 950 and 1,100 Btu per standard cubic foot. Natural gas does not include the following gaseous fuels: landfill gas, digester gas, refinery gas, sour gas, blast furnace gas, coal-derived gas, producer gas, coke oven gas, or any gaseous fuel produced in a process which might result in highly variable sulfur content or heating value.


Natural gas-fired electric utility steam generating unit means an electric utility steam generating unit meeting the definition of “fossil fuel-fired” that is not a coal-fired, oil-fired, or IGCC electric utility steam generating unit and that burns natural gas for more than 10.0 percent of the average annual heat input during the 3 previous calendar years after the compliance date for your facility in § 63.9984 or for more than 15.0 percent of the annual heat input during any one of those calendar years. EGU owners and operators must estimate coal, oil, and natural gas usage for the first 3 calendar years after the applicable compliance date and they are solely responsible for assuring compliance with this final rule or other applicable standard based on their fuel usage projections.


Net-electric output means the gross electric sales to the utility power distribution system minus purchased power on a calendar year basis.


Net summer capacity means the maximum output, commonly expressed in megawatts (MW), that generating equipment can supply to system load, as demonstrated by a multi-hour test, at the time of summer peak demand (period of June 1 through September 30.) This output reflects a reduction in capacity due to electricity use for station service or auxiliaries.


Neural network or neural net for purposes of this rule means an automated boiler optimization system. A neural network typically has the ability to process data from many inputs to develop, remember, update, and enable algorithms for efficient boiler operation.


Non-continental area means the State of Hawaii, the Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto Rico, or the Northern Mariana Islands.


Non-continental liquid oil-fired subcategory means any oil-fired electric utility steam generating unit that burns liquid oil and is located outside the continental United States.


Non-mercury (Hg) HAP metals means Antimony (Sb), Arsenic (As), Beryllium (Be), Cadmium (Cd), Chromium (Cr), Cobalt (Co), Lead (Pb), Manganese (Mn), Nickel (Ni), and Selenium (Se).


Oil means crude oil or petroleum or a fuel derived from crude oil or petroleum, including distillate and residual oil, solid oil-derived fuel (e.g., petroleum coke) and gases derived from solid oil-derived fuels (not meeting the definition of natural gas).


Oil-fired electric utility steam generating unit means an electric utility steam generating unit meeting the definition of “fossil fuel-fired” that is not a coal-fired electric utility steam generating unit and that burns oil for more than 10.0 percent of the average annual heat input during the 3 previous calendar years after the compliance date for your facility in § 63.9984 or for more than 15.0 percent of the annual heat input during any one of those calendar years. EGU owners and operators must estimate coal, oil, and natural gas usage for the first 3 calendar years after the applicable compliance date and they are solely responsible for assuring compliance with this final rule or other applicable standard based on their fuel usage projections. After the first 3 years of compliance, EGUs are required to evaluate applicability based on coal or oil usage from the three previous calendars years on an annual rolling basis.


Out-of-control period, as it pertains to continuous monitoring systems, means any period:


(1) Beginning with the hour corresponding to the completion of a daily calibration or quality assurance audit that indicates that the instrument fails to meet the applicable acceptance criteria; and


(2) Ending with the hour corresponding to the completion of an additional calibration or quality assurance audit following corrective action showing that the instrument meets the applicable acceptance criteria.


Particulate matter or PM means any finely divided solid material as measured by the test methods specified under this subpart, or an alternative method.


Pulverized coal (PC) boiler means an EGU in which pulverized coal is introduced into an air stream that carries the coal to the combustion chamber of the EGU where it is fired in suspension.


Residual oil means crude oil, and all fuel oil numbers 4, 5 and 6, as defined by ASTM Method D396-10, “Standard Specification for Fuel Oils” (incorporated by reference, see § 63.14).


Responsible official means responsible official as defined in 40 CFR 70.2.


Shutdown means the period in which cessation of operation of an EGU is initiated for any purpose. Shutdown begins when the EGU no longer generates electricity or makes useful thermal energy (such as heat or steam) for industrial, commercial, heating, or cooling purposes or when no coal, liquid oil, syngas, or solid oil-derived fuel is being fired in the EGU, whichever is earlier. Shutdown ends when the EGU no longer generates electricity or makes useful thermal energy (such as steam or heat) for industrial, commercial, heating, or cooling purposes, and no fuel is being fired in the EGU. Any fraction of an hour in which shutdown occurs constitutes a full hour of shutdown.


Startup means:


(1) Either the first-ever firing of fuel in a boiler for the purpose of producing electricity, or the firing of fuel in a boiler after a shutdown event for any purpose. Startup ends when any of the steam from the boiler is used to generate electricity for sale over the grid or for any other purpose (including on-site use). Any fraction of an hour in which startup occurs constitutes a full hour of startup; or


(2) The period in which operation of an EGU is initiated for any purpose. Startup begins with either the firing of any fuel in an EGU for the purpose of producing electricity or useful thermal energy (such as heat or steam) for industrial, commercial, heating, or cooling purposes (other than the first-ever firing of fuel in a boiler following construction of the boiler) or for any other purpose after a shutdown event. Startup ends 4 hours after the EGU generates electricity that is sold or used for any other purpose (including on site use), or 4 hours after the EGU makes useful thermal energy (such as heat or steam) for industrial, commercial, heating, or cooling purposes (16 U.S.C. 796(18)(A) and 18 CFR 292.202(c)), whichever is earlier. Any fraction of an hour in which startup occurs constitutes a full hour of startup.


Stationary combustion turbine means all equipment, including but not limited to the turbine, the fuel, air, lubrication and exhaust gas systems, control systems (except emissions control equipment), and any ancillary components and sub-components comprising any simple cycle stationary combustion turbine, any regenerative/recuperative cycle stationary combustion turbine, the combustion turbine portion of any stationary cogeneration cycle combustion system, or the combustion turbine portion of any stationary combined cycle steam/electric generating system. Stationary means that the combustion turbine is not self propelled or intended to be propelled while performing its function. Stationary combustion turbines do not include turbines located at a research or laboratory facility, if research is conducted on the turbine itself and the turbine is not being used to power other applications at the research or laboratory facility.


Steam generating unit means any furnace, boiler, or other device used for combusting fuel for the purpose of producing steam (including fossil-fuel-fired steam generators associated with integrated gasification combined cycle gas turbines; nuclear steam generators are not included).


Stoker means a unit consisting of a mechanically operated fuel feeding mechanism, a stationary or moving grate to support the burning of fuel and admit undergrate air to the fuel, an overfire air system to complete combustion, and an ash discharge system. There are two general types of stokers: underfeed and overfeed. Overfeed stokers include mass feed and spreader stokers.


Subbituminous coal means coal that is classified as subbituminous A, B, or C according to ASTM Method D388-05, “Standard Classification of Coals by Rank” (incorporated by reference, see § 63.14).


Unit designed for coal ≥8,300 Btu/lb subcategory means any coal-fired EGU that is not a coal-fired EGU in the “unit designed for low rank virgin coal” subcategory.


Unit designed for eastern bituminous coal refuse (EBCR) subcategory means any existing (i.e., construction was commenced on or before May 3, 2011) coal-fired EGU with a net summer capacity of no greater than 150 MW that is designed to burn and that is burning 75 percent or more (by heat input) eastern bituminous coal refuse on a 12-month rolling average basis.


Unit designed for low rank virgin coal subcategory means any coal-fired EGU that is designed to burn and that is burning nonagglomerating virgin coal having a calorific value (moist, mineral matter-free basis) of less than 19,305 kJ/kg (8,300 Btu/lb) that is constructed and operates at or near the mine that produces such coal.


Unit designed to burn solid oil-derived fuel subcategory means any oil-fired EGU that burns solid oil-derived fuel.


Voluntary consensus standards or VCS mean technical standards (e.g., materials specifications, test methods, sampling procedures, business practices) developed or adopted by one or more voluntary consensus bodies. The EPA/OAQPS has by precedent only used VCS that are written in English. Examples of VCS bodies are: American Society of Testing and Materials (ASTM), American Society of Mechanical Engineers (ASME), International Standards Organization (ISO), Standards Australia (AS), British Standards (BS), Canadian Standards (CSA), European Standard (EN or CEN) and German Engineering Standards (VDI). The types of standards that are not considered VCS are standards developed by: the U.S. states, e.g., California (CARB) and Texas (TCEQ); industry groups, such as American Petroleum Institute (API), Gas Processors Association (GPA), and Gas Research Institute (GRI); and other branches of the U.S. government, e.g., Department of Defense (DOD) and Department of Transportation (DOT). This does not preclude EPA from using standards developed by groups that are not VCS bodies within an EPA rule. When this occurs, EPA has done searches and reviews for VCS equivalent to these non-VCS methods.


Wet flue gas desulfurization technology, or wet FGD, or wet scrubber means any add-on air pollution control device that is located downstream of the steam generating unit that mixes an aqueous stream or slurry with the exhaust gases from an EGU to control emissions of PM and/or to absorb and neutralize acid gases, such as SO2 and HCl.


Work practice standard means any design, equipment, work practice, or operational standard, or combination thereof, which is promulgated pursuant to CAA section 112(h).


[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23405, Apr. 19, 2012; 78 FR 24087, Apr. 24, 2013; 79 FR 68792, Nov. 19, 2014; 81 FR 20189, Apr. 6, 2016; 85 FR 20850, Apr. 15, 2020; 85 FR 55763, Sept. 9, 2020]


Table 1 to Subpart UUUUU of Part 63 – Emission Limits for New or Reconstructed EGUs

As stated in § 63.9991, you must comply with the following applicable emission limits:


If your EGU is in this

subcategory . . .
For the following

pollutants . . .
You must meet the following emission limits and work

practice standards . . .
Using these requirements, as appropriate (e.g., specified sampling volume or test run duration) and limitations with the test

methods in Table 5 to this Subpart . . .
1. Coal-fired unit not low rank virgin coala. Filterable particulate matter (PM)9.0E-2 lb/MWh
1
Collect a minimum of 4 dscm per run.
OROR
Total non-Hg HAP metals6.0E-2 lb/GWhCollect a minimum of 4 dscm per run.
OROR
Individual HAP metals:Collect a minimum of 3 dscm per run.
Antimony (Sb)8.0E-3 lb/GWh
Arsenic (As)3.0E-3 lb/GWh
Beryllium (Be)6.0E-4 lb/GWh
Cadmium (Cd)4.0E-4 lb/GWh
Chromium (Cr)7.0E-3 lb/GWh
Cobalt (Co)2.0E-3 lb/GWh
Lead (Pb)2.0E-2 lb/GWh
Manganese (Mn)4.0E-3 lb/GWh
Nickel (Ni)4.0E-2 lb/GWh
Selenium (Se)5.0E-2 lb/GWh
b. Hydrogen chloride (HCl)1.0E-2 lb/MWhFor Method 26A at appendix A-8 to part 60 of this chapter, collect a minimum of 3 dscm per run. For ASTM D6348-03
2 or Method 320 at appendix A to part 63 of this chapter, sample for a minimum of 1 hour.
OR
Sulfur dioxide (SO2)
3
1.0 lb/MWhSO2 CEMS.
c. Mercury (Hg)3.0E-3 lb/GWhHg CEMS or sorbent trap monitoring system only.
2. Coal-fired units low rank virgin coala. Filterable particulate matter (PM)9.0E-2 lb/MWh
1
Collect a minimum of 4 dscm per run.
OROR
Total non-Hg HAP metals6.0E-2 lb/GWhCollect a minimum of 4 dscm per run.
OROR
Individual HAP metals:Collect a minimum of 3 dscm per run.
Antimony (Sb)8.0E-3 lb/GWh
Arsenic (As)3.0E-3 lb/GWh
Beryllium (Be)6.0E-4 lb/GWh
Cadmium (Cd)4.0E-4 lb/GWh
Chromium (Cr)7.0E-3 lb/GWh
Cobalt (Co)2.0E-3 lb/GWh
Lead (Pb)2.0E-2 lb/GWh
Manganese (Mn)4.0E-3 lb/GWh
Nickel (Ni)4.0E-2 lb/GWh
Selenium (Se)5.0E-2 lb/GWh
b. Hydrogen chloride (HCl)1.0E-2 lb/MWhFor Method 26A, collect a minimum of 3 dscm per run For ASTM D6348-03
2 or Method 320, sample for a minimum of 1 hour.
OR
Sulfur dioxide (SO2)
3
1.0 lb/MWhSO2 CEMS.
c. Mercury (Hg)4.0E-2 lb/GWhHg CEMS or sorbent trap monitoring system only.
3. IGCC unita. Filterable particulate matter (PM)7.0E-2 lb/MWh
4 9.0E-2 lb/MWh
5
Collect a minimum of 1 dscm per run.
OROR
Total non-Hg HAP metals4.0E-1 lb/GWhCollect a minimum of 1 dscm per run.
OROR
Individual HAP metals:Collect a minimum of 2 dscm per run.
Antimony (Sb)2.0E-2 lb/GWh
Arsenic (As)2.0E-2 lb/GWh
Beryllium (Be)1.0E-3 lb/GWh
Cadmium (Cd)2.0E-3 lb/GWh
Chromium (Cr)4.0E-2 lb/GWh
Cobalt (Co)4.0E-3 lb/GWh
Lead (Pb)9.0E-3 lb/GWh
Manganese (Mn)2.0E-2 lb/GWh
Nickel (Ni)7.0E-2 lb/GWh
Selenium (Se)3.0E-1 lb/GWh
b. Hydrogen chloride (HCl)2.0E-3 lb/MWhFor Method 26A, collect a minimum of 1 dscm per run; for Method 26 at appendix A-8 to part 60 of this chapter, collect a minimum of 120 liters per run. For ASTM D6348-03
2 or Method 320, sample for a minimum of 1 hour.
OR
Sulfur dioxide (SO2)
3
4.0E-1 lb/MWhSO2 CEMS.
c. Mercury (Hg)3.0E-3 lb/GWhHg CEMS or sorbent trap monitoring system only.
4. Liquid oil-fired unit – continental (excluding limited-use liquid oil-fired subcategory units)a. Filterable particulate matter (PM)3.0E-1 lb/MWh
1
Collect a minimum of 1 dscm per run.
OROR
Total HAP metals2.0E-4 lb/MWhCollect a minimum of 2 dscm per run.
OROR
Individual HAP metals:Collect a minimum of 2 dscm per run.
Antimony (Sb)1.0E-2 lb/GWh
Arsenic (As)3.0E-3 lb/GWh
Beryllium (Be)5.0E-4 lb/GWh
Cadmium (Cd)2.0E-4 lb/GWh
Chromium (Cr)2.0E-2 lb/GWh
Cobalt (Co)3.0E-2 lb/GWh
Lead (Pb)8.0E-3 lb/GWh
Manganese (Mn)2.0E-2 lb/GWh
Nickel (Ni)9.0E-2 lb/GWh
Selenium (Se)2.0E-2 lb/GWh
Mercury (Hg)1.0E-4 lb/GWhFor Method 30B at appendix A-8 to part 60 of this chapter sample volume determination (Section 8.2.4), the estimated Hg concentration should nominally be 1/2 the standard.
b. Hydrogen chloride (HCl)4.0E-4 lb/MWhFor Method 26A, collect a minimum of 3 dscm per run. For ASTM D6348-03
2 or Method 320, sample for a minimum of 1 hour.
c. Hydrogen fluoride (HF)4.0E-4 lb/MWhFor Method 26A, collect a minimum of 3 dscm per run. For ASTM D6348-03
2 or Method 320, sample for a minimum of 1 hour.
5. Liquid oil-fired unit – non-continental (excluding limited-use liquid oil-fired subcategory units)a. Filterable particulate matter (PM)2.0E-1 lb/MWh
1
Collect a minimum of 1 dscm per run.
OROR
Total HAP metals7.0E-3 lb/MWhCollect a minimum of 1 dscm per run.
OROR
Individual HAP metals:Collect a minimum of 3 dscm per run.
Antimony (Sb)8.0E-3 lb/GWh
Arsenic (As)6.0E-2 lb/GWh
Beryllium (Be)2.0E-3 lb/GWh
Cadmium (Cd)2.0E-3 lb/GWh
Chromium (Cr)2.0E-2 lb/GWh
Cobalt (Co)3.0E-1 lb/GWh
Lead (Pb)3.0E-2 lb/GWh
Manganese (Mn)1.0E-1 lb/GWh
Nickel (Ni)4.1E0 lb/GWh
Selenium (Se)2.0E-2 lb/GWh
Mercury (Hg)4.0E-4 lb/GWhFor Method 30B sample volume determination (Section 8.2.4), the estimated Hg concentration should nominally be 1/2 the standard.
b. Hydrogen chloride (HCl)2.0E-3 lb/MWhFor Method 26A, collect a minimum of 1 dscm per run;for Method 26, collect a minimum of 120 liters per run. For ASTM D6348-03
2 or Method 320, sample for a minimum of 1 hour.
c. Hydrogen fluoride (HF)5.0E-4 lb/MWhFor Method 26A, collect a minimum of 3 dscm per run.For ASTM D6348-03
2 or Method 320, sample for a minimum of 1 hour.
6. Solid oil-derived fuel-fired unita. Filterable particulate matter (PM)3.0E-2 lb/MWh
1
Collect a minimum of 1 dscm per run.
OROR
Total non-Hg HAP metals6.0E-1 lb/GWhCollect a minimum of 1 dscm per run.
OROR
Individual HAP metals: Collect a minimum of 3 dscm per run.
Antimony (Sb)8.0E-3 lb/GWh
Arsenic (As)3.0E-3 lb/GWh
Beryllium (Be)6.0E-4 lb/GWh
Cadmium (Cd)7.0E-4 lb/GWh
Chromium (Cr)6.0E-3 lb/GWh
Cobalt (Co)2.0E-3 lb/GWh
Lead (Pb)2.0E-2 lb/GWh
Manganese (Mn)7.0E-3 lb/GWh
Nickel (Ni)4.0E-2 lb/GWh
Selenium (Se)6.0E-3 lb/GWh
b. Hydrogen chloride (HCl)4.0E-4 lb/MWhFor Method 26A, collect a minimum of 3 dscm per run. For ASTM D6348-03
2 or Method 320, sample for a minimum of 1 hour.
OR
Sulfur dioxide (SO2)
3
1.0 lb/MWhSO2 CEMS.
c. Mercury (Hg)2.0E-3 lb/GWhHg CEMS or Sorbent trap monitoring system only.


1 Gross output.


2 Incorporated by reference, see § 63.14.


3 You may not use the alternate SO2 limit if your EGU does not have some form of FGD system (or, in the case of IGCC EGUs, some other acid gas removal system either upstream or downstream of the combined cycle block) and SO2 CEMS installed.


4 Duct burners on syngas; gross output.


5 Duct burners on natural gas; gross output.


[81 FR 20190, Apr. 6, 2016]


Table 2 to Subpart UUUUU of Part 63 – Emission Limits for Existing EGUs

As stated in § 63.9991, you must comply with the following applicable emission limits:
1


If your EGU is in this subcategory . . .
For the following

pollutants . . .
You must meet the following emission limits and work practice

standards . . .
Using these requirements, as appropriate (e.g., specified sampling volume or test run duration) and limitations with the test methods in Table 5 to this Subpart . . .
1. Coal-fired unit not low rank virgin coala. Filterable particulate matter (PM)3.0E-2 lb/MMBtu or 3.0E-1 lb/MWh 2Collect a minimum of 1 dscm per run.
OROR
Total non-Hg HAP metals5.0E-5 lb/MMBtu or 5.0E-1 lb/GWhCollect a minimum of 1 dscm per run.
OROR
Individual HAP metals:Collect a minimum of 3 dscm per run.
Antimony (Sb)8.0E-1 lb/TBtu or 8.0E-3 lb/GWh
Arsenic (As)1.1E0 lb/TBtu or 2.0E-2 lb/GWh
Beryllium (Be)2.0E-1 lb/TBtu or 2.0E-3 lb/GWh
Cadmium (Cd)3.0E-1 lb/TBtu or 3.0E-3 lb/GWh
Chromium (Cr)2.8E0 lb/TBtu or 3.0E-2 lb/GWh
Cobalt (Co)8.0E-1 lb/TBtu or 8.0E-3 lb/GWh
Lead (Pb)1.2E0 lb/TBtu or 2.0E-2 lb/GWh
Manganese (Mn)4.0E0 lb/TBtu or 5.0E-2 lb/GWh
Nickel (Ni)3.5E0 lb/TBtu or 4.0E-2 lb/GWh
Selenium (Se)5.0E0 lb/TBtu or 6.0E-2 lb/GWh
b. Hydrogen chloride (HCl)2.0E-3 lb/MMBtu or 2.0E-2 lb/MWhFor Method 26A at appendix A-8 to part 60 of this chapter, collect a minimum of 0.75 dscm per run; for Method 26, collect a minimum of 120 liters per run. For ASTM D6348-03 3 or Method 320 at appendix A to part 63 of this chapter, sample for a minimum of 1 hour.
OR
Sulfur dioxide (SO2) 42.0E-1 lb/MMBtu or 1.5E0 lb/MWhSO2 CEMS.
c. Mercury (Hg)1.2E0 lb/TBtu or 1.3E-2 lb/GWhLEE Testing for 30 days with a sampling period consistent with that given in section 5.2.1 of appendix A to this subpart per Method 30B at appendix A-8 to part 60 of this chapter run or Hg CEMS or sorbent trap monitoring system only.
OR
1.0E0 lb/TBtu or 1.1E-2 lb/GWhLEE Testing for 90 days with a sampling period consistent with that given in section 5.2.1 of appendix A to this subpart per Method 30B run or Hg CEMS or sorbent trap monitoring system only.
2. Coal-fired unit low rank virgin coala. Filterable particulate matter (PM)3.0E-2 lb/MMBtu or 3.0E-1 lb/MWh 2Collect a minimum of 1 dscm per run.
OROR
Total non-Hg HAP metals5.0E-5 lb/MMBtu or 5.0E-1 lb/GWhCollect a minimum of 1 dscm per run.
OROR
Individual HAP metals:Collect a minimum of 3 dscm per run.
Antimony (Sb)8.0E-1 lb/TBtu or 8.0E-3 lb/GWh
Arsenic (As)1.1E0 lb/TBtu or 2.0E-2 lb/GWh
Beryllium (Be)2.0E-1 lb/TBtu or 2.0E-3 lb/GWh
Cadmium (Cd)3.0E-1 lb/TBtu or 3.0E-3 lb/GWh
Chromium (Cr)2.8E0 lb/TBtu or 3.0E-2 lb/GWh
Cobalt (Co)8.0E-1 lb/TBtu or 8.0E-3 lb/GWh
Lead (Pb)1.2E0 lb/TBtu or 2.0E-2 lb/GWh
Manganese (Mn)4.0E0 lb/TBtu or 5.0E-2 lb/GWh
Nickel (Ni)3.5E0 lb/TBtu or 4.0E-2 lb/GWh
Selenium (Se)5.0E0 lb/TBtu or 6.0E-2 lb/GWh
b. Hydrogen chloride (HCl)2.0E-3 lb/MMBtu or 2.0E-2 lb/MWhFor Method 26A, collect a minimum of 0.75 dscm per run; for Method 26 at appendix A-8 to part 60 of this chapter, collect a minimum of 120 liters per run. For ASTM D6348-03 3 or Method 320, sample for a minimum of 1 hour.
OR
Sulfur dioxide (SO2) 42.0E-1 lb/MMBtu or 1.5E0 lb/MWhSO2 CEMS.
c. Mercury (Hg)4.0E0 lb/TBtu or 4.0E-2 lb/GWhLEE Testing for 30 days with a sampling period consistent with that given in section 5.2.1 of appendix A to this subpart per Method 30B run or Hg CEMS or sorbent trap monitoring system only.
3. IGCC unita. Filterable particulate matter (PM)4.0E-2 lb/MMBtu or 4.0E-1 lb/MWh 2Collect a minimum of 1 dscm per run.
OROR
Total non-Hg HAP metals6.0E-5 lb/MMBtu or 5.0E-1 lb/GWhCollect a minimum of 1 dscm per run.
OROR
Individual HAP metals:Collect a minimum of 2 dscm per run.
Antimony (Sb)1.4E0 lb/TBtu or 2.0E-2 lb/GWh
Arsenic (As)1.5E0 lb/TBtu or 2.0E-2 lb/GWh
Beryllium (Be)1.0E-1 lb/TBtu or 1.0E-3 lb/GWh
Cadmium (Cd)1.5E-1 lb/TBtu or 2.0E-3 lb/GWh
Chromium (Cr)2.9E0 lb/TBtu or 3.0E-2 lb/GWh
Cobalt (Co)1.2E0 lb/TBtu or 2.0E-2 lb/GWh
Lead (Pb)1.9E+2 lb/TBtu or 1.8E0 lb/GWh
Manganese (Mn)2.5E0 lb/TBtu or 3.0E-2 lb/GWh
Nickel (Ni)6.5E0 lb/TBtu or 7.0E-2 lb/GWh
Selenium (Se)2.2E+1 lb/TBtu or 3.0E-1 lb/GWh
b. Hydrogen chloride (HCl)5.0E-4 lb/MMBtu or 5.0E-3 lb/MWhFor Method 26A, collect a minimum of 1 dscm per run; for Method 26, collect a minimum of 120 liters per run. For ASTM D6348-03 3 or Method

320, sample for a minimum of 1 hour.

c. Mercury (Hg)2.5E0 lb/TBtu or 3.0E-2 lb/GWhLEE Testing for 30 days with a sampling period consistent with that given in section 5.2.1 of appendix A to this subpart per Method 30B run or Hg CEMS or sorbent trap monitoring system only.
4. Liquid oil-fired unit – continental (excluding limited-use liquid oil-fired subcategory units)a. Filterable particulate matter (PM)3.0E-2 lb/MMBtu or 3.0E-1 lb/MWh 2Collect a minimum of 1 dscm per run.
OROR
Total HAP metals8.0E-4 lb/MMBtu or 8.0E-3 lb/MWhCollect a minimum of 1 dscm per run.
OROR
Individual HAP metals:Collect a minimum of 1 dscm per run.
Antimony (Sb)1.3E+1 lb/TBtu or 2.0E-1 lb/GWh
Arsenic (As)2.8E0 lb/TBtu or 3.0E-2 lb/GWh
Beryllium (Be)2.0E-1 lb/TBtu or 2.0E-3 lb/GWh
Cadmium (Cd)3.0E-1 lb/TBtu or 2.0E-3 lb/GWh
Chromium (Cr)5.5E0 lb/TBtu or 6.0E-2 lb/GWh
Cobalt (Co)2.1E+1 lb/TBtu or 3.0E-1 lb/GWh
Lead (Pb)8.1E0 lb/TBtu or 8.0E-2 lb/GWh
Manganese (Mn)2.2E+1 lb/TBtu or 3.0E-1 lb/GWh
Nickel (Ni)1.1E+2 lb/TBtu or 1.1E0 lb/GWh
Selenium (Se)3.3E0 lb/TBtu or 4.0E-2 lb/GWh
Mercury (Hg)2.0E-1 lb/TBtu or 2.0E-3 lb/GWhFor Method 30B sample volume determination (Section 8.2.4), the estimated Hg concentration should nominally be 1 2 the standard.
b. Hydrogen chloride (HCl)2.0E-3 lb/MMBtu or 1.0E-2 lb/MWhFor Method 26A, collect a minimum of 1 dscm per run; for Method 26, collect a minimum of 120 liters per run. For ASTM D6348-03 3 or Method 320, sample for a minimum of 1 hour.
c. Hydrogen fluoride (HF)4.0E-4 lb/MMBtu or 4.0E-3 lb/MWhFor Method 26A, collect a minimum of 1 dscm per run; for Method 26, collect a minimum of 120 liters per run. For ASTM D6348-03 3 or Method 320, sample for a minimum of 1 hour.
5. Liquid oil-fired unit – non-continental (excluding limited-use liquid oil-fired subcategory units)a. Filterable particulate matter (PM)3.0E-2 lb/MMBtu or 3.0E-1 lb/MWh 2Collect a minimum of 1 dscm per run.
OROR
Total HAP metals6.0E-4 lb/MMBtu or 7.0E-3 lb/MWhCollect a minimum of 1 dscm per run.
OROR
Individual HAP metals:Collect a minimum of 2 dscm per run.
Antimony (Sb)2.2E0 lb/TBtu or 2.0E-2 lb/GWh
Arsenic (As)4.3E0 lb/TBtu or 8.0E-2 lb/GWh
Beryllium (Be)6.0E-1 lb/TBtu or 3.0E-3 lb/GWh
Cadmium (Cd)3.0E-1 lb/TBtu or 3.0E-3 lb/GWh
Chromium (Cr)3.1E+1 lb/TBtu or 3.0E-1 lb/GWh
Cobalt (Co)1.1E+2 lb/TBtu or 1.4E0 lb/GWh
Lead (Pb)4.9E0 lb/TBtu or 8.0E-2 lb/GWh
Manganese (Mn)2.0E+1 lb/TBtu or 3.0E-1 lb/GWh
Nickel (Ni)4.7E+2 lb/TBtu or 4.1E0 lb/GWh
Selenium (Se)9.8E0 lb/TBtu or 2.0E-1 lb/GWh
Mercury (Hg)4.0E-2 lb/TBtu or 4.0E-4 lb/GWhFor Method 30B sample volume determination (Section 8.2.4), the estimated Hg concentration should nominally be 1 2 the standard.
b. Hydrogen chloride (HCl)2.0E-4 lb/MMBtu or 2.0E-3 lb/MWhFor Method 26A, collect a minimum of 1 dscm per run; for Method 26, collect a minimum of 120 liters per run. For ASTM D6348-03 3 or Method 320, sample for a minimum of 2 hours.
c. Hydrogen fluoride (HF)6.0E-5 lb/MMBtu or 5.0E-4 lb/MWhFor Method 26A, collect a minimum of 3 dscm per run. For ASTM D6348-03 3 or Method 320, sample for a minimum of 2 hours.
6. Solid oil-derived fuel-fired unita. Filterable particulate matter (PM)8.0E-3 lb/MMBtu or 9.0E-2 lb/MWh 2Collect a minimum of 1 dscm per run.
OROR
Total non-Hg HAP metals4.0E-5 lb/MMBtu or 6.0E-1 lb/GWhCollect a minimum of 1 dscm per run.
OROR
Individual HAP metals:Collect a minimum of 3 dscm per run.
Antimony (Sb)8.0E-1 lb/TBtu or 7.0E-3 lb/GWh
Arsenic (As)3.0E-1 lb/TBtu or 5.0E-3 lb/GWh
Beryllium (Be)6.0E-2 lb/TBtu or 5.0E-4 lb/GWh
Cadmium (Cd)3.0E-1 lb/TBtu or 4.0E-3 lb/GWh
Chromium (Cr)8.0E-1 lb/TBtu or 2.0E-2 lb/GWh
Cobalt (Co)1.1E0 lb/TBtu or 2.0E-2 lb/GWh
Lead (Pb)8.0E-1 lb/TBtu or 2.0E-2 lb/GWh
Manganese (Mn)2.3E0 lb/TBtu or 4.0E-2 lb/GWh
Nickel (Ni)9.0E0 lb/TBtu or 2.0E-1 lb/GWh
Selenium (Se)1.2E0 lb/Tbtu or 2.0E-2 lb/GWh
b. Hydrogen chloride (HCl)5.0E-3 lb/MMBtu or 8.0E-2 lb/MWhFor Method 26A, collect a minimum of 0.75 dscm per run; for Method 26, collect a minimum of 120 liters per run. For ASTM D6348-03 3 or Method 320, sample for a minimum of 1 hour.
OR
Sulfur dioxide (SO2) 43.0E-1 lb/MMBtu or 2.0E0 lb/MWhSO2 CEMS.
c. Mercury (Hg)2.0E-1 lb/TBtu or 2.0E-3 lb/GWhLEE Testing for 30 days with a sampling period consistent with that given in section 5.2.1 of appendix A to this subpart per Method 30B run or Hg CEMS or sorbent trap monitoring system only.
7. Eastern Bituminous Coal Refuse (EBCR)-fired unita. Filterable particulate matter (PM)3.0E-2 lb/MMBtu or 3.0E-1 lb/MWh 2Collect a minimum of 1 dscm per run.
OROR
Total non-Hg HAP metals5.0E-5 lb/MMBtu or 5.0E-1 lb/GWhCollect a minimum of 1 dscm per run.
OROR
Individual HAP metals:Collect a minimum of 3 dscm per run.
Antimony (Sb)8.0E-1 lb/TBtu or 8.0E-3 lb/GWh
Arsenic (As)1.1E0 lb/TBtu or 2.0E-2 lb/GWh
Beryllium (Be)2.0E-1 lb/TBtu or 2.0E-3 lb/GWh
Cadmium (Cd)3.0E-1 lb/TBtu or 3.0E-3 lb/GWh
Chromium (Cr)2.8E0 lb/TBtu or 3.0E-2 lb/GWh
Cobalt (Co)8.0E-1 lb/TBtu or 8.0E-3 lb/GWh
Lead (Pb)1.2E0 lb/TBtu or 2.0E-2 lb/GWh
Manganese (Mn)4.0E0 lb/TBtu or 5.0E-2 lb/GWh
Nickel (Ni)3.5E0 lb/TBtu or 4.0E-2 lb/GWh
Selenium (Se)5.0E0 lb/TBtu or 6.0E-2 lb/GWh
b. Hydrogen chloride (HCl)4.0E-2 lb/MMBtu or

4.0E-1 lb/MWh
For Method 26A at appendix A-8 to part 60 of this chapter, collect a minimum of 0.75 dscm per run; for Method 26, collect a minimum of 120 liters per run. For ASTM D6348-03 3 or Method 320 at appendix A to part 63 of this chapter, sample for a minimum of 1 hour.
OR
Sulfur dioxide (SO2) 46E-1 lb/MMBtu or 9E0 lb/MWhSO2 CEMS.
c. Mercury (Hg)1.2E0 lb/TBtu or 1.3E-2 lb/GWhLEE Testing for 30 days with a sampling period consistent with that given in section 5.2.1 of appendix A to this subpart per Method 30B at appendix A-8 to part 60 of this chapter run or Hg CEMS or sorbent trap monitoring system only.
OR
1.0E0 lb/TBtu or 1.1E-2 lb/GWhLEE Testing for 90 days with a sampling period consistent with that given in section 5.2.1 of appendix A to this subpart per Method 30B run or Hg CEMS or sorbent trap monitoring system only.


1 For LEE emissions testing for total PM, total HAP metals, individual HAP metals, HCl, and HF, the required minimum sampling volume must be increased nominally by a factor of 2.


2 Gross output.


3 Incorporated by reference, see § 63.14.


4 You may not use the alternate SO2 limit if your EGU does not have some form of FGD system and SO2 CEMS installed.


[85 FR 20850, Apr. 15, 2020]


Table 3 to Subpart UUUUU of Part 63 – Work Practice Standards

As stated in §§ 63.9991, you must comply with the following applicable work practice standards:


If your EGU is . . .
You must meet the following . . .
1. An existing EGUConduct a tune-up of the EGU burner and combustion controls at least each 36 calendar months, or each 48 calendar months if neural network combustion optimization software is employed, as specified in § 63.10021(e).
2. A new or reconstructed EGUConduct a tune-up of the EGU burner and combustion controls at least each 36 calendar months, or each 48 calendar months if neural network combustion optimization software is employed, as specified in § 63.10021(e).

3. A coal-fired, liquid oil-fired (excluding limited-use liquid oil-fired subcategory units), or solid oil-derived fuel-fired EGU during startupa. You have the option of complying using either of the following work practice standards:

(1) If you choose to comply using paragraph (1) of the definition of “startup” in § 63.10042, you must operate all CMS during startup. Startup means either the first-ever firing of fuel in a boiler for the purpose of producing electricity, or the firing of fuel in a boiler after a shutdown event for any purpose. Startup ends when any of the steam from the boiler is used to generate electricity for sale over the grid or for any other purpose (including on site use). For startup of a unit, you must use clean fuels as defined in § 63.10042 for ignition. Once you convert to firing coal, residual oil, or solid oil-derived fuel, you must engage all of the applicable control technologies except dry scrubber and SCR. You must start your dry scrubber and SCR systems, if present, appropriately to comply with relevant standards applicable during normal operation. You must comply with all applicable emissions limits at all times except for periods that meet the applicable definitions of startup and shutdown in this subpart. You must keep records during startup periods. You must provide reports concerning activities and startup periods, as specified in § 63.10011(g) and § 63.10021(h) and (i). If you elect to use paragraph (2) of the definition of startup in 40 CFR 63.10042, you must report the applicable information in 40 CFR 63.10031(c)(5) concerning startup periods as follows: For startup periods that occur on or prior to December 31, 2023, in PDF files in the semiannual compliance report; for startup periods that occur on or after January 1, 2024, quarterly, in PDF files, according to 40 CFR 63.10031(i).
(2) If you choose to comply using paragraph (2) of the definition of “startup” in § 63.10042, you must operate all CMS during startup. You must also collect appropriate data, and you must calculate the pollutant emission rate for each hour of startup.
For startup of an EGU, you must use one or a combination of the clean fuels defined in § 63.10042 to the maximum extent possible, taking into account considerations such as boiler or control device integrity, throughout the startup period. You must have sufficient clean fuel capacity to engage and operate your PM control device within one hour of adding coal, residual oil, or solid oil-derived fuel to the unit. You must meet the startup period work practice requirements as identified in § 63.10020(e).
Once you start firing coal, residual oil, or solid oil-derived fuel, you must vent emissions to the main stack(s). You must comply with the applicable emission limits beginning with the hour after startup ends. You must engage and operate your PM control(s) within 1 hour of first firing of coal, residual oil, or solid oil-derived fuel.
You must start all other applicable control devices as expeditiously as possible, considering safety and manufacturer/supplier recommendations, but, in any case, when necessary to comply with other standards made applicable to the EGU by a permit limit or a rule other than this subpart that require operation of the control devices.
b. Relative to the syngas not fired in the combustion turbine of an IGCC EGU during startup, you must either: (1) Flare the syngas, or (2) route the syngas to duct burners, which may need to be installed, and route the flue gas from the duct burners to the heat recovery steam generator.
c. If you choose to use just one set of sorbent traps to demonstrate compliance with the applicable Hg emission limit, you must comply with the limit at all times; otherwise, you must comply with the applicable emission limit at all times except for startup and shutdown periods.
d. You must collect monitoring data during startup periods, as specified in § 63.10020(a) and (e). You must keep records during startup periods, as provided in §§ 63.10021(h) and 63.10032. You must provide reports concerning activities and startup periods, as specified in §§ 63.10011(g), 63.10021(i), and 63.10031. If you elect to use paragraph (2) of the definition of startup in 40 CFR 63.10042, you must report the applicable information in 40 CFR 63.10031(c)(5) concerning startup periods as follows: For startup periods that occur on or prior to December 31, 2023, in PDF files in the semiannual compliance report; for startup periods that occur on or after January 1, 2024, quarterly, in PDF files, according to 40 CFR 63.10031(i).

4. A coal-fired, liquid oil-fired (excluding limited-use liquid oil-fired subcategory units), or solid oil-derived fuel-fired EGU during shutdownYou must operate all CMS during shutdown. You must also collect appropriate data, and you must calculate the pollutant emission rate for each hour of shutdown for those pollutants for which a CMS is used.

While firing coal, residual oil, or solid oil-derived fuel during shutdown, you must vent emissions to the main stack(s) and operate all applicable control devices and continue to operate those control devices after the cessation of coal, residual oil, or solid oil-derived fuel being fed into the EGU and for as long as possible thereafter considering operational and safety concerns. In any case, you must operate your controls when necessary to comply with other standards made applicable to the EGU by a permit limit or a rule other than this subpart and that require operation of the control devices.
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 clean fuels defined in § 63.10042 and must be used to the maximum extent possible, taking into account considerations such as not compromising boiler or control device integrity.
Relative to the syngas not fired in the combustion turbine of an IGCC EGU during shutdown, you must either: (1) Flare the syngas, or (2) route the syngas to duct burners, which may need to be installed, and route the flue gas from the duct burners to the heat recovery steam generator.
You must comply with all applicable emission limits at all times except during startup periods and shutdown periods at which time you must meet this work practice. You must collect monitoring data during shutdown periods, as specified in § 63.10020(a). You must keep records during shutdown periods, as provided in §§ 63.10032 and 63.10021(h). Any fraction of an hour in which shutdown occurs constitutes a full hour of shutdown. You must provide reports concerning activities and shutdown periods, as specified in §§ 63.10011(g), 63.10021(i), and 63.10031. If you elect to use paragraph (2) of the definition of startup in 40 CFR 63.10042, you must report the applicable information in 40 CFR 63.10031(c)(5) concerning shutdown periods as follows: For shutdown periods that occur on or prior to December 31, 2023, in PDF files in the semiannual compliance report; for shutdown periods that occur on or after January 1, 2024, quarterly, in PDF files, according to 40 CFR 63.10031(i).

[81 FR 20196, Apr. 6, 2016, as amended at 85 FR 55763, Sept. 9, 2020]


Table 4 to Subpart UUUUU of Part 63 – Operating Limits for EGUs

As stated in § 63.9991, you must comply with the applicable operating limits:


If you demonstrate compliance using . . .
You must meet these operating limits . . .
PM CPMSMaintain the 30-boiler operating day rolling average PM CPMS output determined in accordance with the requirements of § 63.10023(b)(2) and obtained during the most recent performance test run demonstrating compliance with the filterable PM, total non-mercury HAP metals (total HAP metals, for liquid oil-fired units), or individual non-mercury HAP metals (individual HAP metals including Hg, for liquid oil-fired units) emissions limitation(s).

[81 FR 20197, Apr. 6, 2016]


Table 5 to Subpart UUUUU of Part 63 – Performance Testing Requirements

As stated in § 63.10007, you must comply with the following requirements for performance testing for existing, new or reconstructed affected sources:
1




1 Regarding emissions data collected during periods of startup or shutdown, see §§ 63.10020(b) and (c) and 63.10021(h).


To conduct a performance test for the following pollutant . . .
Using . . .
You must perform the following activities, as applicable to your input- or output-based emission limit . . .
Using . . .
2
1. Filterable Particulate matter (PM)Emissions Testinga. Select sampling ports location and the number of traverse pointsMethod 1 at appendix A-1 to part 60 of this chapter.
b. Determine velocity and volumetric flow-rate of the stack gasMethod 2, 2A, 2C, 2F, 2G or 2H at appendix A-1 or A-2 to part 60 of this chapter.
c. Determine oxygen and carbon dioxide concentrations of the stack gasMethod 3A or 3B at appendix A-2 to part 60 of this chapter, or ANSI/ASME PTC 19.10-1981.
3
d. Measure the moisture content of the stack gasMethod 4 at appendix A-3 to part 60 of this chapter.
e. Measure the filterable PM concentrationMethods 5 and 5I at appendix A-3 to part 60 of this chapter.

For positive pressure fabric filters, Method 5D at appendix A-3 to part 60 of this chapter for filterable PM emissions.

Note that the Method 5 or 5I front half temperature shall be 160° ±14 °C (320° ±25 °F).
f. Convert emissions concentration to lb/MMBtu or lb/MWh emissions ratesMethod 19 F-factor methodology at appendix A-7 to part 60 of this chapter, or calculate using mass emissions rate and gross output data (see § 63.10007(e)).
OROR
PM CEMSa. Install, certify, operate, and maintain the PM CEMSPerformance Specification 11 at appendix B to part 60 of this chapter and Procedure 2 at appendix F to part 60 of this chapter.
b. Install, certify, operate, and maintain the diluent gas, flow rate, and/or moisture monitoring systemsPart 75 of this chapter and § 63.10010(a), (b), (c), and (d).
c. Convert hourly emissions concentrations to 30 boiler operating day rolling average lb/MMBtu or lb/MWh emissions ratesMethod 19 F-factor methodology at appendix A-7 to part 60 of this chapter, or calculate using mass emissions rate and gross output data (see § 63.10007(e)).
2. Total or individual non-Hg HAP metalsEmissions Testinga. Select sampling ports location and the number of traverse pointsMethod 1 at appendix A-1 to part 60 of this chapter.
b. Determine velocity and volumetric flow-rate of the stack gasMethod 2, 2A, 2C, 2F, 2G or 2H at appendix A-1 or A-2 to part 60 of this chapter.
c. Determine oxygen and carbon dioxide concentrations of the stack gasMethod 3A or 3B at appendix A-2 to part 60 of this chapter, or ANSI/ASME PTC 19.10-1981.
3
d. Measure the moisture content of the stack gasMethod 4 at appendix A-3 to part 60 of this chapter.
e. Measure the HAP metals emissions concentrations and determine each individual HAP metals emissions concentration, as well as the total filterable HAP metals emissions concentration and total HAP metals emissions concentrationMethod 29 at appendix A-8 to part 60 of this chapter. For liquid oil-fired units, Hg is included in HAP metals and you may use Method 29, Method 30B at appendix A-8 to part 60 of this chapter; for Method 29, you must report the front half and back half results separately. When using Method 29, report metals matrix spike and recovery levels.
f. Convert emissions concentrations (individual HAP metals, total filterable HAP metals, and total HAP metals) to lb/MMBtu or lb/MWh emissions ratesMethod 19 F-factor methodology at appendix A-7 to part 60 of this chapter, or calculate using mass emissions rate and gross output data (see § 63.10007(e)).
3. Hydrogen chloride (HCl) and hydrogen fluoride (HF)Emissions Testinga. Select sampling ports location and the number of traverse pointsMethod 1 at appendix A-1 to part 60 of this chapter.
b. Determine velocity and volumetric flow-rate of the stack gasMethod 2, 2A, 2C, 2F, 2G or 2H at appendix A-1 or A-2 to part 60 of this chapter.
c. Determine oxygen and carbon dioxide concentrations of the stack gasMethod 3A or 3B at appendix A-2 to part 60 of this chapter, or ANSI/ASME PTC 19.10-1981.
3
d. Measure the moisture content of the stack gasMethod 4 at appendix A-3 to part 60 of this chapter.
e. Measure the HCl and HF emissions concentrationsMethod 26 or Method 26A at appendix A-8 to part 60 of this chapter or Method 320 at appendix A to part 63 of this chapter or ASTM D6348-03
3 with
(1) the following conditions when using ASTM D6348-03:
(A) The test plan preparation and implementation in the Annexes to ASTM D6348-03, Sections A1 through A8 are mandatory;
(B) For ASTM D6348-03 Annex A5 (Analyte Spiking Technique), the percent (%) R must be determined for each target analyte (see Equation A5.5);
(C) For the ASTM D6348-03 test data to be acceptable for a target analyte, %R must be 70% ≥R ≤130%; and

3.e.1(D) The %R value for each compound must be reported in the test report and all field measurements corrected with the calculated %R value for that compound using the following equation:



and

To conduct a performance test for the following pollutant . . . (cont’d)
Using . . . (cont’d)
You must perform the following activities, as applicable to your input- or output-based emission limit . . . (cont’d)
Using . . .
2 (cont’d)
(2) spiking levels nominally no greater than two times the level corresponding to the applicable emission limit.
Method 26A must be used if there are entrained water droplets in the exhaust stream.
f. Convert emissions concentration to lb/MMBtu or lb/MWh emissions ratesMethod 19 F-factor methodology at appendix A-7 to part 60 of this chapter, or calculate using mass emissions rate and gross output data (see § 63.10007(e)).
OROR
HCl and/or HF CEMSa. Install, certify, operate, and maintain the HCl or HF CEMSAppendix B of this subpart.
b. Install, certify, operate, and maintain the diluent gas, flow rate, and/or moisture monitoring systemsPart 75 of this chapter and § 63.10010(a), (b), (c), and (d).
c. Convert hourly emissions concentrations to 30 boiler operating day rolling average lb/MMBtu or lb/MWh emissions ratesMethod 19 F-factor methodology at appendix A-7 to part 60 of this chapter, or calculate using mass emissions rate and gross output data (see § 63.10007(e)).
4. Mercury (Hg)Emissions Testinga. Select sampling ports location and the number of traverse pointsMethod 1 at appendix A-1 to part 60 of this chapter or Method 30B at Appendix A-8 for Method 30B point selection.
b. Determine velocity and volumetric flow-rate of the stack gasMethod 2, 2A, 2C, 2F, 2G or 2H at appendix A-1 or A-2 to part 60 of this chapter.
c. Determine oxygen and carbon dioxide concentrations of the stack gasMethod 3A or 3B at appendix A-1 to part 60 of this chapter, or ANSI/ASME PTC 19.10-1981.
3
d. Measure the moisture content of the stack gasMethod 4 at appendix A-3 to part 60 of this chapter.
e. Measure the Hg emission concentrationMethod 30B at appendix A-8 to part 60 of this chapter, ASTM D6784,
3 or Method 29 at appendix A-8 to part 60 of this chapter; for Method 29, you must report the front half and back half results separately.
f. Convert emissions concentration to lb/TBtu or lb/GWh emission ratesMethod 19 F-factor methodology at appendix A-7 to part 60 of this chapter, or calculate using mass emissions rate and gross output data (see § 63.10007(e)).
OROR
Hg CEMSa. Install, certify, operate, and maintain the CEMSSections 3.2.1 and 5.1 of appendix A of this subpart.
b. Install, certify, operate, and maintain the diluent gas, flow rate, and/or moisture monitoring systemsPart 75 of this chapter and § 63.10010(a), (b), (c), and (d).
c. Convert hourly emissions concentrations to 30 boiler operating day rolling average lb/TBtu or lb/GWh emissions ratesSection 6 of appendix A to this subpart.
OROR
Sorbent trap monitoring systema. Install, certify, operate, and maintain the sorbent trap monitoring systemSections 3.2.2 and 5.2 of appendix A to this subpart.
b. Install, operate, and maintain the diluent gas, flow rate, and/or moisture monitoring systemsPart 75 of this chapter and § 63.10010(a), (b), (c), and (d).
c. Convert emissions concentrations to 30 boiler operating day rolling average lb/TBtu or lb/GWh emissions ratesSection 6 of appendix A to this subpart.
OROR
LEE testinga. Select sampling ports location and the number of traverse pointsSingle point located at the 10% centroidal area of the duct at a port location per Method 1 at appendix A-1 to part 60 of this chapter or Method 30B at Appendix A-8 for Method 30B point selection.
b. Determine velocity and volumetric flow-rate of the stack gasMethod 2, 2A, 2C, 2F, 2G, or 2H at appendix A-1 or A-2 to part 60 of this chapter or flow monitoring system certified per appendix A of this subpart.
c. Determine oxygen and carbon dioxide concentrations of the stack gasMethod 3A or 3B at appendix A-1 to part 60 of this chapter, or ANSI/ASME PTC 19.10-1981,
3 or diluent gas monitoring systems certified according to part 75 of this chapter.
d. Measure the moisture content of the stack gasMethod 4 at appendix A-3 to part 60 of this chapter, or moisture monitoring systems certified according to part 75 of this chapter.
e. Measure the Hg emission concentrationMethod 30B at appendix A-8 to part 60 of this chapter; perform a 30 operating day test, with a maximum of 10 operating days per run (i.e., per pair of sorbent traps) or sorbent trap monitoring system or Hg CEMS certified per appendix A of this subpart.
f. Convert emissions concentrations from the LEE test to lb/TBtu or lb/GWh emissions ratesMethod 19 F-factor methodology at appendix A-7 to part 60 of this chapter, or calculate using mass emissions rate and gross output data (see § 63.10007(e)).
g. Convert average lb/TBtu or lb/GWh Hg emission rate to lb/year, if you are attempting to meet the 29.0 lb/year thresholdPotential maximum annual heat input in TBtu or potential maximum electricity generated in GWh.
5. Sulfur dioxide (SO2)SO2 CEMSa. Install, certify, operate, and maintain the CEMSPart 75 of this chapter and § 63.10010(a) and (f).
b. Install, operate, and maintain the diluent gas, flow rate, and/or moisture monitoring systemsPart 75 of this chapter and § 63.10010(a), (b), (c), and (d).
c. Convert hourly emissions concentrations to 30 boiler operating day rolling average lb/MMBtu or lb/MWh emissions ratesMethod 19 F-factor methodology at appendix A-7 to part 60 of this chapter, or calculate using mass emissions rate and gross output data (see § 63.10007(e)).


2 See Tables 1 and 2 to this subpart for required sample volumes and/or sampling run times.


3 Incorporated by reference, see § 63.14.


[83 FR 56727, Nov. 14, 2018]


Table 6 to Subpart UUUUU of Part 63 – Establishing PM CPMS Operating Limits

As stated in § 63.10007, you must comply with the following requirements for establishing operating limits:


If you have an applicable emission limit for . . .
And you choose to establish PM CPMS operating limits, you must . . .
And . . .
Using . . .
According to the following procedures . . .
Filterable Particulate matter (PM), total non-mercury HAP metals, individual non-mercury HAP metals, total HAP metals, or individual HAP metals for an EGUInstall, certify, maintain, and operate a PM CPMS for monitoring emissions discharged to the atmosphere according to § 63.10010(h)(1)Establish a site-specific operating limit in units of PM CPMS output signal (e.g., milliamps, mg/acm, or other raw signal)Data from the PM CPMS and the PM or HAP metals performance tests1. Collect PM CPMS output data during the entire period of the performance tests.

2. Record the average hourly PM CPMS output for each test run in the performance test.

3. Determine the PM CPMS operating limit in accordance with the requirements of § 63.10023(b)(2) from data obtained during the performance test demonstrating compliance with the filterable PM or HAP metals emissions limitations.

[81 FR 20201, Apr. 6, 2016]


Table 7 to Subpart UUUUU of Part 63 – Demonstrating Continuous Compliance

As stated in § 63.10021, you must show continuous compliance with the emission limitations for affected sources according to the following:


If you use one of the following to meet applicable emissions limits, operating limits, or work practice standards . . .
You demonstrate continuous compliance by . . .
1. CEMS to measure filterable PM, SO2, HCl, HF, or Hg emissions, or using a sorbent trap monitoring system to measure HgCalculating the 30- (or 90-) boiler operating day rolling arithmetic average emissions rate in units of the applicable emissions standard basis at the end of each boiler operating day using all of the quality assured hourly average CEMS or sorbent trap data for the previous 30- (or 90-) boiler operating days, excluding data recorded during periods of startup or shutdown.
2. PM CPMS to measure compliance with a parametric operating limitCalculating the 30- (or 90-) boiler operating day rolling arithmetic average of all of the quality assured hourly average PM CPMS output data (e.g., milliamps, PM concentration, raw data signal) collected for all operating hours for the previous 30- (or 90-) boiler operating days, excluding data recorded during periods of startup or shutdown.
3. Site-specific monitoring using CMS for liquid oil-fired EGUs for HCl and HF emission limit monitoringIf applicable, by conducting the monitoring in accordance with an approved site-specific monitoring plan.
4. Quarterly performance testing for coal-fired, solid oil derived fired, or liquid oil-fired EGUs to measure compliance with one or more non-PM (or its alternative emission limits) applicable emissions limit in Table 1 or 2, or PM (or its alternative emission limits) applicable emissions limit in Table 2Calculating the results of the testing in units of the applicable emissions standard.
5. Conducting periodic performance tune-ups of your EGU(s)Conducting periodic performance tune-ups of your EGU(s), as specified in § 63.10021(e).
6. Work practice standards for coal-fired, liquid oil-fired, or solid oil-derived fuel-fired EGUs during startupOperating in accordance with Table 3.
7. Work practice standards for coal-fired, liquid oil-fired, or solid oil-derived fuel-fired EGUs during shutdownOperating in accordance with Table 3.

[78 FR 24092, Apr. 24, 2013]


Table 8 to Subpart UUUUU of Part 63 – Reporting Requirements

[In accordance with 40 CFR 63.10031, you must meet the following reporting requirements, as they apply to your compliance strategy]

You must submit the following reports . . .
1. The electronic reports required under 40 CFR 63.10031 (a)(1), if you continuously monitor Hg emissions.
2. The electronic reports required under 40 CFR 63.10031 (a)(2), if you continuously monitor HCl and/or HF emissions.
Where applicable, these reports are due no later than 30 days after the end of each calendar quarter.
3. The electronic reports required under 40 CFR 63.10031(a)(3), if you continuously monitor PM emissions.
Reporting of hourly PM emissions data using ECMPS shall begin with the first operating hour after: January 1, 2024, or the hour of completion of the initial PM CEMS correlation test, whichever is later.
Where applicable, these reports are due no later than 30 days after the end of each calendar quarter.
4. The electronic reports required under 40 CFR 63.10031(a)(4), if you elect to use a PM CPMS.
Reporting of hourly PM CPMS response data using ECMPS shall begin with the first operating hour after January 1, 2024, or the first operating hour after completion of the initial performance stack test that establishes the operating limit for the PM CPMS, whichever is later.
Where applicable, these reports are due no later than 30 days after the end of each calendar quarter.
5. The electronic reports required under 40 CFR 63.10031(a)(5), if you continuously monitor SO2 emissions.
Where applicable, these reports are due no later than 30 days after the end of each calendar quarter.
6. PDF reports for all performance stack tests completed prior to January 1, 2024 (including 30- or 90-boiler operating day Hg LEE test reports and PM test reports to set operating limits for PM CPMS), according to the introductory text of 40 CFR 63.10031(f) and 40 CFR 63.10031(f)(6).
For each test, submit the PDF report no later than 60 days after the date on which testing is completed.
For a PM test that is used to set an operating limit for a PM CPMS, the report must also include the information in 40 CFR 63.10023(b)(2)(vi).
For each performance stack test completed on or after January 1, 2024, submit the test results in the relevant quarterly compliance report under 40 CFR 63.10031(g), together with the applicable reference method information in sections 17 through 31 of appendix E to this subpart.
7. PDF reports for all RATAs of Hg, HCl, HF, and/or SO2 monitoring systems completed prior to January 1, 2024, and for correlation tests, RRAs and/or RCAs of PM CEMS completed prior to January 1, 2024, according to 40 CFR 63.10031(f)(1) and (6).
For each test, submit the PDF report no later than 60 days after the date on which testing is completed.
For each SO2 or Hg system RATA completed on or after January 1, 2024, submit the electronic test summary required by appendix A to this subpart or part 75 of this chapter (as applicable) together with the applicable reference method information in sections 17 through 30 of appendix E to this subpart, either prior to or concurrent with the relevant quarterly emissions report.
For each HCl or HF system RATA, and for each correlation test, RRA, and RCA of a PM CEMS completed on or after January 1, 2024, submit the electronic test summary in accordance with section 11.4 of appendix B to this subpart or section 7.2.4 of appendix C to this part, as applicable, together with the applicable reference method information in sections 17 through 30 of appendix E to this subpart.
8. Quarterly reports, in PDF files, that include all 30-boiler operating day rolling averages in the reporting period derived from your PM CEMS, approved HAP metals CEMS, and/or PM CPMS, according to 40 CFR 63.10031(f)(2) and (6). These reports are due no later than 60 days after the end of each calendar quarter.
The final quarterly rolling averages report in PDF files shall cover the fourth calendar quarter of 2023.
Starting with the first quarter of 2024, you must report all 30-boiler operating day rolling averages for PM CEMS, approved HAP metals CEMS, PM CPMS, Hg CEMS, Hg sorbent trap systems, HCl CEMS, HF CEMS, and/or SO2 CEMS (or 90-boiler operating day rolling averages for Hg systems), in XML format, in the quarterly compliance reports required under 40 CFR 63.10031(g).
If your EGU or common stack is in an averaging plan, each quarterly compliance report must identify the EGUs in the plan and include all of the 30- or 90- group boiler operating day WAERs for the averaging group.
The quarterly compliance reports must be submitted no later than 60 days after the end of each calendar quarter.
9. The semiannual compliance reports described in 40 CFR 63.10031(c) and (d), in PDF files, according to 40 CFR 63.10031(f)(4) and (6). The due dates for these reports are specified in 40 CFR 63.10031(b).
The final semiannual compliance report shall cover the period from July 1, 2023, through December 31, 2023.
10. Notifications of compliance status, in PDF files, according to 40 CFR 63.10031(f)(4) and (6) until December 31, 2023, and according to 40 CFR 63.10031(h) thereafter.
11. Quarterly electronic compliance reports, in accordance with 40 CFR 63.10031(g), starting with a report for the first calendar quarter of 2024. The reports must be in XML format and must include the applicable data elements in sections 2 through 13 of appendix E to this subpart.
These reports are due no later than 60 days after the end of each calendar quarter.
12. Quarterly reports, in PDF files, that include the applicable information in 40 CFR 63.10031(c)(5)(ii) and 40 CFR 63.10020(e) pertaining to startup and shutdown events, starting with a report for the first calendar quarter of 2024, if you have elected to use paragraph 2 of the definition of startup in 40 CFR 63.10042 (see 40 CFR 63.10031(i)).
These PDF reports shall be submitted no later than 60 days after the end of each calendar quarter, along with the quarterly compliance reports required under 40 CFR 63.10031(g).
13. A test report for the PS 11 correlation test of your PM CEMS, in accordance with 40 CFR 63.10031(j).
If, prior to November 9, 2020, you have begun using a certified PM CEMS to demonstrate compliance with this subpart, use the ECMPS Client Tool to submit the report, in a PDF file, no later than 60 days after that date.
For correlation tests completed on or after November 9, 2020, but prior to January 1, 2024, submit the report, in a PDF file, no later than 60 days after the date on which the test is completed.
For correlation tests completed on or after January 1, 2024, submit the test results electronically, according to section 7.2.4 of appendix C to this subpart, together with the applicable reference method data in sections 17 through 31 of appendix E to this subpart.
14. Quarterly reports that include the QA/QC activities for your PM CPMS or approved HAP metals CEMS (as applicable), in PDF files, according to 40 CFR 63.10031(k).
The first report shall cover the first calendar quarter of 2024, if the PM CPMS or HAP metals CEMS is in use during that quarter. Otherwise, reporting begins with the first calendar quarter in which the PM CPMS or HAP metals CEMS is used to demonstrate compliance.
These reports are due no later than 60 days after the end of each calendar quarter.

[85 FR 55764, Sept. 9, 2020]


Table 9 to Subpart UUUUU of Part 63 – Applicability of General Provisions to Subpart UUUUU

As stated in § 63.10040, you must comply with the applicable General Provisions according to the following:


Citation
Subject
Applies to subpart UUUUU
§ 63.1ApplicabilityYes.
§ 63.2DefinitionsYes. Additional terms defined in § 63.10042.
§ 63.3Units and AbbreviationsYes.
§ 63.4Prohibited Activities and CircumventionYes.
§ 63.5Preconstruction Review and Notification RequirementsYes.
§ 63.6(a), (b)(1) through (5), (b)(7), (c), (f)(2) and (3), (h)(2) through (9), (i), (j)Compliance with Standards and Maintenance RequirementsYes.
§ 63.6(e)(1)(i)General Duty to minimize emissionsNo. See § 63.10000(b) for general duty requirement.
§ 63.6(e)(1)(ii)Requirement to correct malfunctions ASAPNo.
§ 63.6(e)(3)SSM Plan requirementsNo.
§ 63.6(f)(1)SSM exemptionNo.
§ 63.6(h)(1)SSM exemptionNo.
§ 63.6(g)Compliance with Standards and Maintenance Requirements, Use of an alternative non-opacity emission standardYes. See §§ 63.10011(g)(4) and 63.10021(h)(4) for additional requirements.
§ 63.7(e)(1)Performance testingNo. See § 63.10007.
§ 63.8Monitoring RequirementsYes.
§ 63.8(c)(1)(i)General duty to minimize emissions and CMS operationNo. See § 63.10000(b) for general duty requirement.
§ 63.8(c)(1)(iii)Requirement to develop SSM Plan for CMSNo.
§ 63.8(d)(3)Written procedures for CMSYes, except for last sentence, which refers to an SSM plan. SSM plans are not required.
§ 63.9Notification RequirementsYes, except (1) for the 60-day notification prior to conducting a performance test in § 63.9(e); instead use a 30-day notification period per § 63.10030(d), (2) the notification of the CMS performance evaluation in § 63.9(g)(1) is limited to RATAs, and (3) the information required per § 63.9(h)(2)(i); instead provide the applicable information in § 63.10030(e)(1) through (8), for the initial notification of compliance status, only.
§ 63.10(a), (b)(1), (c), (d)(1) and (2), (e), and (f)Recordkeeping and Reporting RequirementsYes, except for the requirements to submit written reports under § 63.10(e)(3)(v).
§ 63.10(b)(2)(i)Recordkeeping of occurrence and duration of startups and shutdownsNo.
§ 63.10(b)(2)(ii)Recordkeeping of malfunctionsNo. See § 63.10001 for recordkeeping of (1) occurrence and duration and (2) actions taken during malfunction.
§ 63.10(b)(2)(iii)Maintenance recordsYes.
§ 63.10(b)(2)(iv)Actions taken to minimize emissions during SSMNo.
§ 63.10(b)(2)(v)Actions taken to minimize emissions during SSMNo.
§ 63.10(b)(2)(vi)Recordkeeping for CMS malfunctionsYes.
§ 63.10(b)(2)(vii) through (ix)Other CMS requirementsYes.
§ 63.10(b)(3) and (d)(3) through (5)No.
§ 63.10(c)(7)Additional recordkeeping requirements for CMS – identifying exceedances and excess emissionsApplies only through December 31, 2023.
§ 63.10(c)(8)Additional recordkeeping requirements for CMS – identifying exceedances and excess emissionsApplies only through December 31, 2023.
§ 63.10(c)(10)Recording nature and cause of malfunctionsNo. See § 63.10032(g) and (h) for malfunctions recordkeeping requirements.
§ 63.10(c)(11)Recording corrective actionsNo. See § 63.10032(g) and (h) for malfunctions recordkeeping requirements.
§ 63.10(c)(15)Use of SSM PlanNo.
§ 63.10(d)(5)SSM reportsNo. See § 63.10021(h) and (i) for malfunction reporting requirements.
§ 63.10(e)(3)(v) and (vi)Excess emissions and CMS performance reportsApplies only through December 31, 2023.
§ 63.11Control Device RequirementsNo.
§ 63.12State Authority and DelegationYes.
§§ 63.13 through 63.16Addresses, Incorporation by Reference, Availability of Information, Performance Track ProvisionsYes.
§§ 63.1(a)(5),(a)(7) through (9), (b)(2), (c)(3) and (4), (d), 63.6(b)(6), (c)(3) and (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) through (4), (c)(9).ReservedNo.

[81 FR 20202, Apr. 6, 2016, as amended at 85 FR 55765, Sept. 9, 2020]


Appendix A to Subpart UUUUU of Part 63 – Hg Monitoring Provisions

1. General Provisions

1.1 Applicability. These monitoring provisions apply to the measurement of total vapor phase mercury (Hg) in emissions from electric utility steam generating units, using either a mercury continuous emission monitoring system (Hg CEMS) or a sorbent trap monitoring system. The Hg CEMS or sorbent trap monitoring system must be capable of measuring the total vapor phase mercury in units of the applicable emissions standard (e.g., lb/TBtu or lb/GWh), regardless of speciation.


1.2 Initial Certification and Recertification Procedures. The owner or operator of an affected unit that uses a Hg CEMS or a sorbent trap monitoring system together with other necessary monitoring components to account for Hg emissions in units of the applicable emissions standard shall comply with the initial certification and recertification procedures in section 4 of this appendix.


1.3 Quality Assurance and Quality Control Requirements. The owner or operator of an affected unit that uses a Hg CEMS or a sorbent trap monitoring system together with other necessary monitoring components to account for Hg emissions in units of the applicable emissions standard shall meet the applicable quality assurance requirements in section 5 of this appendix.


1.4 Missing Data Procedures. The owner or operator of an affected unit is not required to substitute for missing data from Hg CEMS or sorbent trap monitoring systems. Any process operating hour for which quality-assured Hg concentration data are not obtained is counted as an hour of monitoring system downtime.


2. Monitoring of Hg Emissions

2.1 Monitoring System Installation Requirements. Flue gases from the affected units under this subpart vent to the atmosphere through a variety of exhaust configurations including single stacks, common stack configurations, and multiple stack configurations. For each of these configurations, § 63.10010(a) specifies the appropriate location(s) at which to install continuous monitoring systems (CMS). These CMS installation provisions apply to the Hg CEMS, sorbent trap monitoring systems, and other continuous monitoring systems that provide data for the Hg emissions calculations in section 6.2 of this appendix.


2.2 Primary and Backup Monitoring Systems. In the electronic monitoring plan described in section 7.1.1.2.1 of this appendix, you must designate a primary Hg CEMS or sorbent trap monitoring system. The primary system must be used to report hourly Hg concentration values when the system is able to provide quality-assured data, i.e., when the system is “in control”. However, to increase data availability in the event of a primary monitoring system outage, you may install, operate, maintain, and calibrate backup monitoring systems, as follows:


2.2.1 Redundant Backup Systems. A redundant backup monitoring system may be either a separate Hg CEMS with its own probe, sample interface, and analyzer, or a separate sorbent trap monitoring system. A redundant backup system is one that is permanently installed at the unit or stack location, and is kept on “hot standby” in case the primary monitoring system is unable to provide quality-assured data. A redundant backup system must be represented as a unique monitoring system in the electronic monitoring plan. Each redundant backup monitoring system must be certified according to the applicable provisions in section 4 of this appendix and must meet the applicable on-going QA requirements in section 5 of this appendix.


2.2.2 Non-redundant Backup Monitoring Systems. A non-redundant backup monitoring system is a separate Hg CEMS or sorbent trap system that has been certified at a particular unit or stack location, but is not permanently installed at that location. Rather, the system is kept on “cold standby” and may be reinstalled in the event of a primary monitoring system outage. A non-redundant backup monitoring system must be represented as a unique monitoring system in the electronic monitoring plan. Non-redundant backup Hg CEMS must complete the same certification tests as the primary monitoring system, with one exception. The 7-day calibration error test is not required for a non-redundant backup Hg CEMS. Except as otherwise provided in section 2.2.4.5 of this appendix, a non-redundant backup monitoring system may only be used for 720 hours per year at a particular unit or stack location.


2.2.3 Temporary Like-kind Replacement Analyzers. When a primary Hg analyzer needs repair or maintenance, you may temporarily install a like-kind replacement analyzer, to minimize data loss. Except as otherwise provided in section 2.2.4.5 of this appendix, a temporary like-kind replacement analyzer may only be used for 720 hours per year at a particular unit or stack location. The analyzer must be represented as a component of the primary Hg CEMS, and must be assigned a 3-character component ID number, beginning with the prefix “LK”.


2.2.4 Quality Assurance Requirements for Non-redundant Backup Monitoring Systems and Temporary Like-kind Replacement Analyzers. To quality-assure the data from non-redundant backup Hg monitoring systems and temporary like-kind replacement Hg analyzers, the following provisions apply:


2.2.4.1 When a certified non-redundant backup sorbent trap monitoring system is brought into service, you must follow the procedures for routine day-to-day operation of the system, in accordance with Performance Specification (PS) 12B in appendix B to part 60 of this chapter.


2.2.4.2 When a certified non-redundant backup Hg CEMS or a temporary like-kind replacement Hg analyzer is brought into service, a calibration error test and a linearity check must be performed and passed. A single point system integrity check is also required, unless a NIST-traceable source of oxidized Hg was used for the calibration error test.


2.2.4.3 Each non-redundant backup Hg CEMS or temporary like-kind replacement Hg analyzer shall comply with all required daily, weekly, and quarterly quality-assurance test requirements in section 5 of this appendix, for as long as the system or analyzer remains in service.


2.2.4.4 For the routine, on-going quality-assurance of a non-redundant backup Hg monitoring system, a relative accuracy test audit (RATA) must be performed and passed at least once every 8 calendar quarters at the unit or stack location(s) where the system will be used.


2.2.4.5 To use a non-redundant backup Hg monitoring system or a temporary like-kind replacement analyzer for more than 720 hours per year at a particular unit or stack location, a RATA must first be performed and passed at that location.


3. Mercury Emissions Measurement Methods

The following definitions, equipment specifications, procedures, and performance criteria are applicable to the measurement of vapor-phase Hg emissions from electric utility steam generating units, under relatively low-dust conditions (i.e., sampling in the stack or duct after all pollution control devices). The analyte measured by these procedures and specifications is total vapor-phase Hg in the flue gas, which represents the sum of elemental Hg (Hg
0, CAS Number 7439-97-6) and oxidized forms of Hg.


3.1 Definitions.


3.1.1 Mercury Continuous Emission Monitoring System or Hg CEMS means all of the equipment used to continuously determine the total vapor phase Hg concentration. The measurement system may include the following major subsystems: sample acquisition, Hg + 2 to Hg
0 converter, sample transport, sample conditioning, flow control/gas manifold, gas analyzer, and data acquisition and handling system (DAHS). Hg CEMS may be nominally real-time or time-integrated, batch sampling systems that sample the gas on an intermittent basis and concentrate on a collection medium before intermittent analysis and reporting.


3.1.2 Sorbent Trap Monitoring System means the equipment required to monitor Hg emissions continuously by using paired sorbent traps containing iodated charcoal (IC) or other suitable sorbent medium. The monitoring system consists of a probe, paired sorbent traps, an umbilical line, moisture removal components, an airtight sample pump, a gas flow meter, and an automated data acquisition and handling system. The system samples the stack gas at a constant proportional rate relative to the stack gas volumetric flow rate. The sampling is a batch process. The average Hg concentration in the stack gas for the sampling period is determined, in units of micrograms per dry standard cubic meter (µg/dscm), based on the sample volume measured by the gas flow meter and the mass of Hg collected in the sorbent traps.


3.1.3 NIST means the National Institute of Standards and Technology, located in Gaithersburg, Maryland.


3.1.4 NIST-Traceable Elemental Hg Standards means either: compressed gas cylinders having known concentrations of elemental Hg, which have been prepared according to the “EPA Traceability Protocol for Assay and Certification of Gaseous Calibration Standards”; or calibration gases having known concentrations of elemental Hg, produced by a generator that meets the performance requirements of the “EPA Traceability Protocol for Qualification and Certification of Elemental Mercury Gas Generators” or an interim version of that protocol.


3.1.5 NIST-Traceable Source of Oxidized Hg means a generator that is capable of providing known concentrations of vapor phase mercuric chloride (HgCl2), and that meets the performance requirements of the “EPA Traceability Protocol for Qualification and Certification of Mercuric Chloride Gas Generators” or an interim version of that protocol.


3.1.6 Calibration Gas means a NIST-traceable gas standard containing a known concentration of elemental or oxidized Hg that is produced and certified in accordance with an EPA traceability protocol.


3.1.7 Span Value means a conservatively high estimate of the Hg concentrations to be measured by a CEMS. The span value of a Hg CEMS should be set to approximately twice the concentration corresponding to the emission standard, rounded off as appropriate (see section 3.2.1.4.2 of this appendix).


3.1.8 Zero-Level Gas means calibration gas containing a Hg concentration that is below the level detectable by the Hg gas analyzer in use.


3.1.9 Low-Level Gas means calibration gas with a concentration that is 20 to 30 percent of the span value.


3.1.10 Mid-Level Gas means calibration gas with a concentration that is 50 to 60 percent of the span value.


3.1.11 High-Level Gas means calibration gas with a concentration that is 80 to 100 percent of the span value.


3.1.12 Calibration Error Test means a test designed to assess the ability of a Hg CEMS to measure the concentrations of calibration gases accurately. A zero-level gas and an upscale gas are required for this test. For the upscale gas, either a mid-level gas or a high-level gas may be used, and the gas may either be an elemental or oxidized Hg standard.


3.1.13 Linearity Check means a test designed to determine whether the response of a Hg analyzer is linear across its measurement range. Three elemental Hg calibration gas standards (i.e., low, mid, and high-level gases) are required for this test.


3.1.14 System Integrity Check means a test designed to assess the transport and measurement of oxidized Hg by a Hg CEMS. Oxidized Hg standards are used for this test. For a three-level system integrity check, low, mid, and high-level calibration gases are required. For a single-level check, either a mid-level gas or a high-level gas may be used.


3.1.15 Cycle Time Test means a test designed to measure the amount of time it takes for a Hg CEMS, while operating normally, to respond to a known step change in gas concentration. For this test, a zero gas and a high-level gas are required. The high-level gas may be either an elemental or an oxidized Hg standard.


3.1.16 Relative Accuracy Test Audit or RATA means a series of nine or more test runs, directly comparing readings from a Hg CEMS or sorbent trap monitoring system to measurements made with a reference stack test method. The relative accuracy (RA) of the monitoring system is expressed as the absolute mean difference between the monitoring system and reference method measurements plus the absolute value of the 2.5 percent error confidence coefficient, divided by the mean value of the reference method measurements.


3.1.17 Unit Operating Hour means a clock hour in which a unit combusts any fuel, either for part of the hour or for the entire hour.


3.1.18 Stack Operating Hour means a clock hour in which gases flow through a particular monitored stack or duct (either for part of the hour or for the entire hour), while the associated unit(s) are combusting fuel.


3.1.19 Operating Day means a calendar day in which a source combusts any fuel.


3.1.20 Quality Assurance (QA) Operating Quarter means a calendar quarter in which there are at least 168 unit or stack operating hours (as defined in this section).


3.1.21 Grace Period means a specified number of unit or stack operating hours after the deadline for a required quality-assurance test of a continuous monitor has passed, in which the test may be performed and passed without loss of data.


3.2 Continuous Monitoring Methods.


3.2.1 Hg CEMS. A typical Hg CEMS is shown in Figure A-1. The CEMS in Figure A-1 is a dilution extractive system, which measures Hg concentration on a wet basis, and is the most commonly-used type of Hg CEMS. Other system designs may be used, provided that the CEMS meets the performance specifications in section 4.1.1 of this appendix.



3.2.1.1 Equipment Specifications.


3.2.1.1.1 Materials of Construction. All wetted sampling system components, including probe components prior to the point at which the calibration gas is introduced, must be chemically inert to all Hg species. Materials such as perfluoroalkoxy (PFA) Teflon
TM, quartz, and treated stainless steel (SS) are examples of such materials.


3.2.1.1.2 Temperature Considerations. All system components prior to the Hg +2 to Hg
0 converter must be maintained at a sample temperature above the acid gas dew point.


3.2.1.1.3 Measurement System Components.


3.2.1.1.3.1 Sample Probe. The probe must be made of the appropriate materials as noted in paragraph 3.2.1.1.1 of this section, heated when necessary, as described in paragraph 3.2.1.1.3.4 of this section, and configured with ports for introduction of calibration gases.


3.2.1.1.3.2 Filter or Other Particulate Removal Device. The filter or other particulate removal device is part of the measurement system, must be made of appropriate materials, as noted in paragraph 3.2.1.1.1 of this section, and must be included in all system tests.


3.2.1.1.3.3 Sample Line. The sample line that connects the probe to the converter, conditioning system, and analyzer must be made of appropriate materials, as noted in paragraph 3.2.1.1.1 of this section.


3.2.1.1.3.4 Conditioning Equipment. For wet basis systems, such as the one shown in Figure A-1, the sample must be kept above its dew point either by: heating the sample line and all sample transport components up to the inlet of the analyzer (and, for hot-wet extractive systems, also heating the analyzer); or diluting the sample prior to analysis using a dilution probe system. The components required for these operations are considered to be conditioning equipment. For dry basis measurements, a condenser, dryer or other suitable device is required to remove moisture continuously from the sample gas, and any equipment needed to heat the probe or sample line to avoid condensation prior to the moisture removal component is also required.


3.2.1.1.3.5 Sampling Pump. A pump is needed to push or pull the sample gas through the system at a flow rate sufficient to minimize the response time of the measurement system. If a mechanical sample pump is used and its surfaces are in contact with the sample gas prior to detection, the pump must be leak free and must be constructed of a material that is non-reactive to the gas being sampled (see paragraph 3.2.1.1.1 of this section). For dilution-type measurement systems, such as the system shown in Figure A-1, an ejector pump (eductor) may be used to create a sufficient vacuum that sample gas will be drawn through a critical orifice at a constant rate. The ejector pump must be constructed of any material that is non-reactive to the gas being sampled.


3.2.1.1.3.6 Calibration Gas System(s). Design and equip each Hg CEMS to permit the introduction of known concentrations of elemental Hg and HgCl2 separately, at a point preceding the sample extraction filtration system, such that the entire measurement system can be checked. The calibration gas system(s) must be designed so that the flow rate exceeds the sampling system flow requirements and that the gas is delivered to the CEMS at atmospheric pressure.


3.2.1.1.3.7 Sample Gas Delivery. The sample line may feed directly to either a converter, a by-pass valve (for Hg speciating systems), or a sample manifold. All valve and/or manifold components must be made of material that is non-reactive to the gas sampled and the calibration gas, and must be configured to safely discharge any excess gas.


3.2.1.1.3.8 Hg Analyzer. An instrument is required that continuously measures the total vapor phase Hg concentration in the gas stream. The analyzer may also be capable of measuring elemental and oxidized Hg separately.


3.2.1.1.3.9 Data Recorder. A recorder, such as a computerized data acquisition and handling system (DAHS), digital recorder, or data logger, is required for recording measurement data.


3.2.1.2 Reagents and Standards.


3.2.1.2.1 NIST Traceability. Only NIST-certified or NIST-traceable calibration gas standards and reagents (as defined in paragraphs 3.1.4 and 3.1.5 of this appendix), and including, but not limited to, Hg gas generators and Hg gas cylinders, shall be used for the tests and procedures required under this subpart. Calibration gases with known concentrations of Hg
0 and HgCl2 are required. Special reagents and equipment may be needed to prepare the Hg
0 and HgCl2 gas standards (e.g., NIST-traceable solutions of HgCl2 and gas generators equipped with mass flow controllers).


3.2.1.2.2 Required Calibration Gas Concentrations.


3.2.1.2.2.1 Zero-Level Gas. A zero-level calibration gas with a Hg concentration below the level detectable by the Hg analyzer is required for calibration error tests and cycle time tests of the CEMS.


3.2.1.2.2.2 Low-Level Gas. A low-level calibration gas with a Hg concentration of 20 to 30 percent of the span value is required for linearity checks and 3-level system integrity checks of the CEMS. Elemental Hg standards are required for the linearity checks and oxidized Hg standards are required for the system integrity checks.


3.2.1.2.2.3 Mid-Level Gas. A mid-level calibration gas with a Hg concentration of 50 to 60 percent of the span value is required for linearity checks and for 3-level system integrity checks of the CEMS, and is optional for calibration error tests and single-level system integrity checks. Elemental Hg standards are required for the linearity checks, oxidized Hg standards are required for the system integrity checks, and either elemental or oxidized Hg standards may be used for the calibration error tests.


3.2.1.2.2.4 High-Level Gas. A high-level calibration gas with a Hg concentration of 80 to 100 percent of the span value is required for linearity checks, 3-level system integrity checks, and cycle time tests of the CEMS, and is optional for calibration error tests and single-level system integrity checks. Elemental Hg standards are required for the linearity checks, oxidized Hg standards are required for the system integrity checks, and either elemental or oxidized Hg standards may be used for the calibration error and cycle time tests.


3.2.1.3 Installation and Measurement Location. For the Hg CEMS and any additional monitoring system(s) needed to convert Hg concentrations to the desired units of measure (i.e., a flow monitor, CO2 or O2 monitor, and/or moisture monitor, as applicable), install each monitoring system at a location: that is consistent with 63.10010(a); that represents the emissions exiting to the atmosphere; and where it is likely that the CEMS can pass the relative accuracy test.


3.2.1.4 Monitor Span and Range Requirements. Determine the appropriate span and range value(s) for the Hg CEMS as described in paragraphs 3.2.1.4.1 through 3.2.1.4.3 of this section.


3.2.1.4.1 Maximum Potential Concentration. There are three options for determining the maximum potential Hg concentration (MPC). Option 1 applies to coal combustion. You may use a default value of 10 µg/scm for all coal ranks (including coal refuse) except for lignite; for lignite, use 16 µg/scm. If different coals are blended as part of normal operation, use the highest MPC for any fuel in the blend. Option 2 is to base the MPC on the results of site-specific Hg emission testing. This option may be used only if the unit does not have add-on Hg emission controls or a flue gas desulfurization system, or if testing is performed upstream of all emission control devices. If Option 2 is selected, perform at least three test runs at the normal operating load, and the highest Hg concentration obtained in any of the tests shall be the MPC. Option 3 is to use fuel sampling and analysis to estimate the MPC. To make this estimate, use the average Hg content (i.e., the weight percentage) from at least three representative fuel samples, together with other available information, including, but not limited to the maximum fuel feed rate, the heating value of the fuel, and an appropriate F-factor. Assume that all of the Hg in the fuel is emitted to the atmosphere as vapor-phase Hg.


3.2.1.4.2 Span Value. To determine the span value of the Hg CEMS, multiply the Hg concentration corresponding to the applicable emissions standard by two. If the result of this calculation is an exact multiple of 10 µg/scm, use the result as the span value. Otherwise, round off the result to either: the next highest integer; the next highest multiple of 5 µg/scm; or the next highest multiple of 10 µg/scm.


3.2.1.4.3 Analyzer Range. The Hg analyzer must be capable of reading Hg concentration as high as the MPC.


3.2.2 Sorbent Trap Monitoring System. A sorbent trap monitoring system (as defined in paragraph 3.1.2 of this section) may be used as an alternative to a Hg CEMS. If this option is selected, the monitoring system shall be installed, maintained, and operated in accordance with Performance Specification (PS) 12B in Appendix B to part 60 of this chapter. The system shall be certified in accordance with the provisions of section 4.1.2 of this appendix.


3.2.3 Other Necessary Data Collection. To convert measured hourly Hg concentrations to the units of the applicable emissions standard (i.e., lb/TBtu or lb/GWh), additional data must be collected, as described in paragraphs 3.2.3.1 through 3.2.3.3 of this section. Any additional monitoring systems needed for this purpose must be certified, operated, maintained, and quality-assured according to the applicable provisions of part 75 of this chapter (see §§ 63.10010(b) through (d)). The calculation methods for the types of emission limits described in paragraphs 3.2.3.1 and 3.2.3.2 of this section are presented in section 6.2 of this appendix.


3.2.3.1 Heat Input-Based Emission Limits. For a heat input-based Hg emission limit (i.e., in lb/TBtu), data from a certified CO2 or O2 monitor are needed, along with a fuel-specific F-factor and a conversion constant to convert measured Hg concentration values to the units of the standard. In some cases, the stack gas moisture content must also be considered in making these conversions.


3.2.3.2 Electrical Output-Based Emission Rates. If the applicable Hg limit is electrical output-based (i.e., lb/GWh), hourly electrical load data and unit operating times are required in addition to hourly data from a certified stack gas flow rate monitor and (if applicable) moisture data.


3.2.3.3 Sorbent Trap Monitoring System Operation. Routine operation of a sorbent trap monitoring system requires the use of a certified stack gas flow rate monitor, to maintain an established ratio of stack gas flow rate to sample flow rate.


4. Certification and Recertification Requirements

4.1 Certification Requirements. All Hg CEMS and sorbent trap monitoring systems and the additional monitoring systems used to continuously measure Hg emissions in units of the applicable emissions standard in accordance with this appendix must be certified in a timely manner, such that the initial compliance demonstration is completed no later than the applicable date in § 63.9984(f).


4.1.1 Hg CEMS. Table A-1, below, summarizes the certification test requirements and performance specifications for a Hg CEMS. The CEMS may not be used to report quality-assured data until these performance criteria are met. Paragraphs 4.1.1.1 through 4.1.1.5 of this section provide specific instructions for the required tests. All tests must be performed with the affected unit(s) operating (i.e., combusting fuel). Except for the RATA, which must be performed at normal load, no particular load level is required for the certification tests.


4.1.1.1 7-Day Calibration Error Test. Perform the 7-day calibration error test on 7 consecutive source operating days, using a zero-level gas and either a high-level or a mid-level calibration gas standard (as defined in paragraphs 3.1.8, 3.1.10, and 3.1.11 of this appendix). Use a NIST-traceable elemental Hg gas standard (as defined in paragraphs 3.1.4 of this appendix) for the test. If your Hg CEMS lacks an integrated elemental Hg gas generator, you may continue to use NIST-traceable oxidized Hg gases for the 7-day calibration error test (or the daily calibration error check) until such time as NIST-traceable compressed elemental Hg gas standards, at appropriate concentration levels, are available from gas vendors. If moisture is added to the calibration gas, the dilution effect of the moisture and/or chlorine addition on the calibration gas concentration must be accounted for in an appropriate manner. Operate the Hg CEMS in its normal sampling mode during the test. The calibrations should be approximately 24 hours apart, unless the 7-day test is performed over non-consecutive calendar days. On each day of the test, inject the zero-level and upscale gases in sequence and record the analyzer responses. Pass the calibration gas through all filters, scrubbers, conditioners, and other monitor components used during normal sampling, and through as much of the sampling probe as is practical. Do not make any manual adjustments to the monitor (i.e., resetting the calibration) until after taking measurements at both the zero and upscale concentration levels. If automatic adjustments are made following both injections, conduct the calibration error test such that the magnitude of the adjustments can be determined, and use only the unadjusted analyzer responses in the calculations. Calculate the calibration error (CE) on each day of the test, as described in Table A-1 of this appendix. The CE on each day of the test must either meet the main performance specification or the alternative specification in Table A-1 of this appendix.


4.1.1.2 Linearity Check. Perform the linearity check using low, mid, and high-level concentrations of NIST-traceable elemental Hg standards. Three gas injections at each concentration level are required, with no two successive injections at the same concentration level. Introduce the calibration gas at the gas injection port, as specified in section 3.2.1.1.3.6 of this appendix. Operate the CEMS at its normal operating temperature and conditions. Pass the calibration gas through all filters, scrubbers, conditioners, and other components used during normal sampling, and through as much of the sampling probe as is practical. If moisture and/or chlorine is added to the calibration gas, the dilution effect of the moisture and/or chlorine addition on the calibration gas concentration must be accounted for in an appropriate manner. Record the monitor response from the data acquisition and handling system for each gas injection. At each concentration level, use the average analyzer response to calculate the linearity error (LE), as described in Table A-1. The LE must either meet the main performance specification or the alternative specification in Table A-1.


4.1.1.3 Three-Level System Integrity Check. Perform the 3-level system integrity check using low, mid, and high-level calibration gas concentrations generated by a NIST-traceable source of oxidized Hg. If your Hg CEMS lacks an integrated elemental Hg gas generator, you may continue to use NIST-traceable oxidized Hg gases for the 7-day calibration error test (or the daily calibration error check) until such time as NIST-traceable compressed elemental Hg gas standards, at appropriate concentration levels, are available from gas vendors. Follow the same basic procedure as for the linearity check. If moisture and/or chlorine is added to the calibration gas, the dilution effect of the moisture and/or chlorine addition on the calibration gas concentration must be accounted for in an appropriate manner. Calculate the system integrity error (SIE), as described in Table A-1 of this appendix. The SIE must either meet the main performance specification or the alternative specification in Table A-1 of this appendix.


Table A-1 – Required Certification Tests and Performance Specifications for Hg CEMS

For this required certification test . . .
The main performance specification
1 is . . .
The alternate performance specification
1 is . . .
And the conditions of the alternate specification are . . .
7-day calibration error test
2 6
|R − A| ≤ 5.0% of span value, for both the zero and upscale gases, on each of the 7 days.|R − A| ≤ 1.0 µg/scmThe alternate specification may be used on any day of the test.
Linearity check
3 6
|R − Aavg | ≤ 10.0% of the reference gas concentration at each calibration gas level (low, mid, or high).|R − Aavg | ≤ 0.8 µg/scmThe alternate specification may be used at any gas level.
3-level system integrity check
4
|R − Aavg | ≤ 10.0% of the reference gas concentration at each calibration gas level.|R − Aavg | ≤ 0.8 µg/scmThe alternate specification may be used at any gas level.
RATA20.0% RA|RMavg − Cavg| + |CC| ≤ 0.5 µg/scm
7
RMavg
Cycle time test
5
15 minutes where the stability criteria are readings change by or by ≤ 0.5 µg/scm, for 2 minutes.


1 Note that |R − A| is the absolute value of the difference between the reference gas value and the analyzer reading. |R − Aavg| is the absolute value of the difference between the reference gas concentration and the average of the analyzer responses, at a particular gas level.


2 Use elemental Hg standards; a mid-level or high-level upscale gas may be used.


3 Use elemental Hg standards.


4 Use oxidized Hg standards.


5 Use elemental Hg standards; a high-level upscale gas must be used. The cycle time test is not required for Hg CEMS that use integrated batch sampling; however, those monitoring systems must be capable of recording at least one Hg concentration reading every 15 minutes.


6 If your Hg CEMS lacks an integrated elemental Hg gas generator, you may continue to use NIST-traceable oxidized Hg gases until such time as NIST-traceable compressed elemental Hg gas standards, at appropriate concentration levels, are available from gas vendors.


7 Note that |RMavg − Cavg| is the absolute difference between the mean reference method value and the mean CEMS value from the RATA; CC is the confidence coefficient from Equation 2-5 of Performance Specification 2 in appendix B to part 60 of this chapter.


4.1.1.4 Cycle Time Test. Perform the cycle time test, using a zero-level gas and a high-level calibration gas.


Either an elemental or oxidized NIST-traceable Hg standard may be used as the high-level gas. Perform the test in two stages – upscale and downscale. The slower of the upscale and downscale response times is the cycle time for the CEMS. Begin each stage of the test by injecting calibration gas after achieving a stable reading of the stack emissions. The cycle time is the amount of time it takes for the analyzer to register a reading that is 95 percent of the way between the stable stack emissions reading and the final, stable reading of the calibration gas concentration. Use the following criterion to determine when a stable reading of stack emissions or calibration gas has been attained – the reading is stable if it changes by no more than 2.0 percent of the span value or 0.5 µg/scm (whichever is less restrictive) for two minutes, or a reading with a change of less than 6.0 percent from the measured average concentration over 6 minutes. Integrated batch sampling type Hg CEMS are exempted from this test; however, these systems must be capable of delivering a measured Hg concentration reading at least once every 15 minutes. If necessary to increase measurement sensitivity of a batch sampling type Hg CEMS for a specific application, you may petition the Administrator for approval of a time longer than 15 minutes between readings.


4.1.1.5 Relative Accuracy Test Audit (RATA). Perform the RATA of the Hg CEMS at normal load. Acceptable Hg reference methods for the RATA include ASTM D6784-02 (Reapproved 2008), “Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method)” (incorporated by reference, see § 63.14) and Methods 29, 30A, and 30B in appendix A-8 to part 60 of this chapter. When Method 29 or ASTM D6784-02 is used, paired sampling trains are required and the filterable portion of the sample need not be included when making comparisons to the Hg CEMS results for purposes of a RATA. To validate a Method 29 or ASTM D6784-02 test run, calculate the relative deviation (RD) using Equation A-1 of this section, and assess the results as follows to validate the run. The RD must not exceed 10 percent, when the average Hg concentration is greater than 1.0 µg/dscm. If the RD specification is met, the results of the two samples shall be averaged arithmetically.



Where:

RD = Relative Deviation between the Hg concentrations of samples “a” and “b” (percent),

Ca = Hg concentration of Hg sample “a” (µ g/dscm), and

Cb = Hg concentration of Hg sample “b” (µ g/dscm).


4.1.1.5.1 Special Considerations. A minimum of nine valid test runs must be performed, directly comparing the CEMS measurements to the reference method. More than nine test runs may be performed. If this option is chosen, the results from a maximum of three test runs may be rejected so long as the total number of test results used to determine the relative accuracy is greater than or equal to nine; however, all data must be reported including the rejected data. The minimum time per run is 21 minutes if Method 30A is used. If Method 29, Method 30B, or ASTM D6784-02 (Reapproved 2008), “Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method)” (incorporated by reference, see § 63.14) is used, the time per run must be long enough to collect a sufficient mass of Hg to analyze. Complete the RATA within 168 unit operating hours, except when Method 29 or ASTM D6784-02 is used, in which case up to 336 operating hours may be taken to finish the test.


4.1.1.5.2 Calculation of RATA Results. Calculate the relative accuracy (RA) of the monitoring system, on a µg/scm basis, as described in section 12 of Performance Specification (PS) 2 in appendix B to part 60 of this chapter (see Equations 2 – 3 through 2-6 of PS 2). For purposes of calculating the relative accuracy, ensure that the reference method and monitoring system data are on a consistent basis, either wet or dry. The CEMS must either meet the main performance specification or the alternative specification in Table A-1 of this appendix.


4.1.1.5.3 Bias Adjustment. Measurement or adjustment of Hg CEMS data for bias is not required.


4.1.2 Sorbent Trap Monitoring Systems. For the initial certification of a sorbent trap monitoring system, only a RATA is required.


4.1.2.1 Reference Methods. The acceptable reference methods for the RATA of a sorbent trap monitoring system are the same as those listed in paragraph 4.1.1.5 of this section.


4.1.2.2 “The special considerations specified in paragraph 4.1.1.5.1 of this section apply to the RATA of a sorbent trap monitoring system. During the RATA, the monitoring system must be operated and quality-assured in accordance with Performance Specification (PS) 12B in Appendix B to part 60 of this chapter with the following exceptions for sorbent trap section 2 breakthrough:


4.1.2.2.1 For stack Hg concentrations >1 µg/dscm, ≤10% of section 1 Hg mass;


4.1.2.2.2 For stack Hg concentrations ≤1 µg/dscm and >0.5 µg/dscm, ≤20% of section 1 Hg mass;


4.1.2.2.3 For stack Hg concentrations ≤0.5 µg/dscm and >0.1 µg/dscm, ≤50% of section 1 Hg mass; and


4.1.2.2.4 For stack Hg concentrations ≤0.1µg/dscm, no breakthrough criterion assuming all other QA/QC specifications are met.


4.1.2.3 The type of sorbent material used by the traps during the RATA must be the same as for daily operation of the monitoring system; however, the size of the traps used for the RATA may be smaller than the traps used for daily operation of the system.


4.1.2.4 Calculation of RATA Results. Calculate the relative accuracy (RA) of the sorbent trap monitoring system, on a µg/scm basis, as described in section 12 of Performance Specification (PS) 2 in appendix B to part 60 of this chapter (see Equations 2-3 through 2-6 of PS2). For purposes of calculating the relative accuracy, ensure that the reference method and monitoring system data are on a consistent moisture basis, either wet or dry.The main and alternative RATA performance specifications in Table A-1 for Hg CEMS also apply to the sorbent trap monitoring system.


4.1.2.5 Bias Adjustment. Measurement or adjustment of sorbent trap monitoring system data for bias is not required.


4.1.3 Diluent Gas, Flow Rate, and/or Moisture Monitoring Systems. Monitoring systems that are used to measure stack gas volumetric flow rate, diluent gas concentration, or stack gas moisture content, either for routine operation of a sorbent trap monitoring system or to convert Hg concentration data to units of the applicable emission limit, must be certified in accordance with the applicable provisions of part 75 of this chapter.


4.2 Recertification. Whenever the owner or operator makes a replacement, modification, or change to a certified CEMS or sorbent trap monitoring system that may significantly affect the ability of the system to accurately measure or record pollutant or diluent gas concentrations, stack gas flow rates, or stack gas moisture content, the owner or operator shall recertify the monitoring system. Furthermore, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit operation that may significantly change the concentration or flow profile, the owner or operator shall recertify the monitoring system. The same tests performed for the initial certification of the monitoring system shall be repeated for recertification, unless otherwise specified by the Administrator. Examples of changes that require recertification include: replacement of a gas analyzer; complete monitoring system replacement, and changing the location or orientation of the sampling probe.


5. Ongoing Quality Assurance (QA) and Data Validation

5.1 Hg CEMS.


5.1.1 Required QA Tests. Periodic QA testing of each Hg CEMS is required following initial certification. The required QA tests, the test frequencies, and the performance specifications that must be met are summarized in Table A-2, below. All tests must be performed with the affected unit(s) operating (i.e., combusting fuel), however, the daily calibration may optionally be performed off-line. The RATA must be performed at normal load, but no particular load level is required for the other tests. For each test, follow the same basic procedures in section 4.1.1 of this appendix that were used for initial certification.


5.1.2 Test Frequency. The frequency for the required QA tests of the Hg CEMS shall be as follows:


5.1.2.1 Calibration error tests of the Hg CEMS are required daily, except during unit outages. Use a NIST-traceable elemental Hg gas standard for these calibrations. If your Hg CEMS lacks an integrated elemental Hg gas generator, you may continue to use NIST-traceable oxidized Hg gases for the 7-day calibration error test (or the daily calibration error check) until such time as NIST-traceable compressed elemental Hg gas standards, at appropriate concentration levels, are available from gas vendors. Both a zero-level gas and either a mid-level or high-level gas are required for these calibrations.


5.1.2.2 Perform a linearity check of the Hg CEMS in each QA operating quarter, using low-level, mid-level, and high-level NIST-traceable elemental Hg standards. For units that operate infrequently, limited exemptions from this test are allowed for “non-QA operating quarters”. A maximum of three consecutive exemptions for this reason are permitted, following the quarter of the last test. After the third consecutive exemption, a linearity check must be performed in the next calendar quarter or within a grace period of 168 unit or stack operating hours after the end of that quarter. The test frequency for 3-level system integrity checks (if performed in lieu of linearity checks) is the same as for the linearity checks. Use low-level, mid-level, and high-level NIST-traceable oxidized Hg standards for the system integrity checks.


5.1.2.3 Perform a single-level system integrity check weekly, i.e., once every 7 operating days (see the third column in Table A-2 of this appendix).


5.1.2.4 The test frequency for the RATAs of the Hg CEMS shall be annual, i.e., once every four QA operating quarters. For units that operate infrequently, extensions of RATA deadlines are allowed for non-QA operating quarters. Following a RATA, if there is a subsequent non-QA quarter, it extends the deadline for the next test by one calendar quarter. However, there is a limit to these extensions; the deadline may not be extended beyond the end of the eighth calendar quarter after the quarter of the last test. At that point, a RATA must either be performed within the eighth calendar quarter or in a 720 hour unit or stack operating hour grace period following that quarter. When a required annual RATA is done within a grace period, the deadline for the next RATA is three QA operating quarters after the quarter in which the grace period test is performed.


5.1.3 Grace Periods.


5.1.3.1 A 168 unit or stack operating hour grace period is available for quarterly linearity checks and 3-level system integrity checks of the Hg CEMS.


5.1.3.2 A 720 unit or stack operating hour grace period is available for RATAs of the Hg CEMS.


5.1.3.3 There is no grace period for weekly system integrity checks. The test must be completed once every 7 operating days.


5.1.4 Data Validation. The Hg CEMS is considered to be out-of-control, and data from the CEMS may not be reported as quality-assured, when any one of the acceptance criteria for the required QA tests in Table A-2 is not met. The CEMS is also considered to be out-of-control when a required QA test is not performed on schedule or within an allotted grace period. To end an out-of-control period, the QA test that was either failed or not done on time must be performed and passed. Out-of-control periods are counted as hours of monitoring system downtime.


5.1.5 Conditional Data Validation. For certification, recertification, and diagnostic testing of Hg monitoring systems, and for the required QA tests when non-redundant backup Hg monitoring systems or temporary like-kind Hg analyzers are brought into service, the conditional data validation provisions in §§ 75.20(b)(3)(ii) through (b)(3)(ix) of this chapter may be used to avoid or minimize data loss. The allotted window of time to complete 7-day calibration error tests, linearity checks, cycle time tests, and RATAs shall be as specified in § 75.20(b)(3)(iv) of this chapter. Required system integrity checks must be completed within 168 unit or stack operating hours after the probationary calibration error test.


Table A-2 – On-Going QA Test Requirements for Hg CEMS

Perform this type of QA test . . .
At this frequency . . .
With these qualifications and exceptions . . .
Acceptance criteria . . .
Calibration error test
5
Daily• Use either a mid- or high-level gas

• Use elemental Hg

• Calibrations are not required when the unit is not in operation.
|R − A| ≤ 5.0% of span value

or

|R − A| ≤ 1.0 µg/scm.
Single-level system integrity checkWeekly
1
• Use oxidized Hg – either mid- or high-level|R − Aavg| ≤ 10.0% of the reference gas value

or

|R − Aavg| ≤ 0.8 µg/scm.
Linearity check or 3-level system integrity checkQuarterly
3
• Required in each “QA operating quarter”
2 and no less than once every 4 calendar quarters

• 168 operating hour grace period available

• Use elemental Hg for linearity check

• Use oxidized Hg for system integrity check
|R − Aavg | ≤ 10.0% of the reference gas value, at each calibration gas level

or

|R − Aavg| ≤ 0.8 µg/scm.
RATAAnnual
4
• Test deadline may be extended for “non-QA operating quarters,” up to a maximum of 8 quarters from the quarter of the previous test

• 720 operating hour grace period available
≤20.0% RA or

|RMavgCavg | + |CC| ≤ 0.5 µg/scm, if RMavg


1 “Weekly” means once every 7 operating days.


2 A “QA operating quarter” is a calendar quarter with at least 168 unit or stack operating hours.


3 “Quarterly” means once every QA operating quarter.


4 “Annual” means once every four QA operating quarters.


5 If your Hg CEMS lacks an integrated elemental Hg gas generator, you may continue to use NIST-traceable oxidized Hg gases until such time as NIST-traceable compressed elemental Hg gas standards, at appropriate concentration levels, are available from gas vendors.


5.1.6 Adjustment of Span. If you discover that a span adjustment is needed (e.g., if the Hg concentration readings exceed the span value for a significant percentage of the unit operating hours in a calendar quarter), you must implement the span adjustment within 90 days after the end of the calendar quarter in which you identify the need for the adjustment. A diagnostic linearity check is required within 168 unit or stack operating hours after changing the span value.


5.2 Sorbent Trap Monitoring Systems.


5.2.1 Each sorbent trap monitoring system shall be continuously operated and maintained in accordance with Performance Specification (PS) 12B in appendix B to part 60 of this chapter. The QA/QC criteria for routine operation of the system are summarized in Table 12B-1 of PS 12B. Each pair of sorbent traps may be used to sample the stack gas for up to 15 operating days.


5.2.2 For ongoing QA, periodic RATAs of the system are required.


5.2.2.1 The RATA frequency shall be annual, i.e., once every four QA operating quarters. The provisions in section 5.1.2.4 of this appendix pertaining to RATA deadline extensions also apply to sorbent trap monitoring systems.


5.2.2.2 The same RATA performance criteria specified in Table A-2 for Hg CEMS also apply to the annual RATAs of the sorbent trap monitoring system.


5.2.2.3 A 720 unit or stack operating hour grace period is available for RATAs of the monitoring system.


5.2.3 Data validation for sorbent trap monitoring systems shall be done in accordance with Table 12B-1 in Performance Specification (PS) 12B in appendix B to part 60 of this chapter. All periods of invalid data shall be counted as hours of monitoring system downtime.


5.3 Flow Rate, Diluent Gas, and Moisture Monitoring Systems. The on-going QA test requirements for these monitoring systems are specified in part 75 of this chapter (see §§ 63.10010(b) through (d)).


5.4 QA/QC Program Requirements. The owner or operator shall develop and implement a quality assurance/quality control (QA/QC) program for the Hg CEMS and/or sorbent trap monitoring systems that are used to provide data under this subpart. At a minimum, the program shall include a written plan that describes in detail (or that refers to separate documents containing) complete, step-by-step procedures and operations for the most important QA/QC activities. Electronic storage of the QA/QC plan is permissible, provided that the information can be made available in hard copy to auditors and inspectors. The QA/QC program requirements for the diluent gas, flow rate, and moisture monitoring systems described in section 3.2.1.3 of this appendix are specified in section 1 of appendix B to part 75 of this chapter.


5.4.1 General Requirements.


5.4.1.1 Preventive Maintenance. Keep a written record of procedures needed to maintain the Hg CEMS and/or sorbent trap monitoring system(s) in proper operating condition and a schedule for those procedures. Include, at a minimum, all procedures specified by the manufacturers of the equipment and, if applicable, additional or alternate procedures developed for the equipment.


5.4.1.2 Recordkeeping and Reporting. Keep a written record describing procedures that will be used to implement the recordkeeping and reporting requirements of this appendix.


5.4.1.3 Maintenance Records. Keep a record of all testing, maintenance, or repair activities performed on any Hg CEMS or sorbent trap monitoring system in a location and format suitable for inspection. A maintenance log may be used for this purpose. The following records should be maintained: date, time, and description of any testing, adjustment, repair, replacement, or preventive maintenance action performed on any monitoring system and records of any corrective actions associated with a monitor outage period. Additionally, any adjustment that may significantly affect a system’s ability to accurately measure emissions data must be recorded (e.g., changing the dilution ratio of a CEMS), and a written explanation of the procedures used to make the adjustment(s) shall be kept.


5.4.2 Specific Requirements for Hg CEMS.


5.4.2.1 Daily Calibrations, Linearity Checks and System Integrity Checks. Keep a written record of the procedures used for daily calibrations of the Hg CEMS. If moisture and/or chlorine is added to the Hg calibration gas, document how the dilution effect of the moisture and/or chlorine addition on the calibration gas concentration is accounted for in an appropriate manner. Also keep records of the procedures used to perform linearity checks of the Hg CEMS and the procedures for system integrity checks of the Hg CEMS. Document how the test results are calculated and evaluated.


5.4.2.2 Monitoring System Adjustments. Document how each component of the Hg CEMS will be adjusted to provide correct responses to calibration gases after routine maintenance, repairs, or corrective actions.


5.4.2.3 Relative Accuracy Test Audits. Keep a written record of procedures used for RATAs of the Hg CEMS. Indicate the reference methods used and document how the test results are calculated and evaluated.


5.4.3 Specific Requirements for Sorbent Trap Monitoring Systems.


5.4.3.1 Sorbent Trap Identification and Tracking. Include procedures for inscribing or otherwise permanently marking a unique identification number on each sorbent trap, for chain of custody purposes. Keep records of the ID of the monitoring system in which each sorbent trap is used, and the dates and hours of each Hg collection period.


5.4.3.2 Monitoring System Integrity and Data Quality. Document the procedures used to perform the leak checks when a sorbent trap is placed in service and removed from service. Also Document the other QA procedures used to ensure system integrity and data quality, including, but not limited to, gas flow meter calibrations, verification of moisture removal, and ensuring air-tight pump operation. In addition, the QA plan must include the data acceptance and quality control criteria in Table 12B-1 in section 9.0 of Performance Specification (PS) 12B in Appendix B to part 60 of this chapter. All reference meters used to calibrate the gas flow meters (e.g., wet test meters) shall be periodically recalibrated. Annual, or more frequent, recalibration is recommended. If a NIST-traceable calibration device is used as a reference flow meter, the QA plan must include a protocol for ongoing maintenance and periodic recalibration to maintain the accuracy and NIST-traceability of the calibrator.


5.4.3.3 Hg Analysis. Explain the chain of custody employed in packing, transporting, and analyzing the sorbent traps. Keep records of all Hg analyses. The analyses shall be performed in accordance with the procedures described in section 11.0 of Performance Specification (PS) 12B in Appendix B to part 60 of this chapter.


5.4.3.4 Data Collection Period. State, and provide the rationale for, the minimum acceptable data collection period (e.g., one day, one week, etc.) for the size of sorbent trap selected for the monitoring. Address such factors as the Hg concentration in the stack gas, the capacity of the sorbent trap, and the minimum mass of Hg required for the analysis. Each pair of sorbent traps may be used to sample the stack gas for up to 14 operating days.


5.4.3.5 Relative Accuracy Test Audit Procedures. Keep records of the procedures and details peculiar to the sorbent trap monitoring systems that are to be followed for relative accuracy test audits, such as sampling and analysis methods.


6. Data Reduction and Calculations

6.1 Data Reduction.


6.1.1 Reduce the data from Hg CEMS to hourly averages, in accordance with § 60.13(h)(2) of this chapter.


6.1.2 For sorbent trap monitoring systems, determine the Hg concentration for each data collection period and assign this concentration value to each operating hour in the data collection period.


6.1.3 For any operating hour in which valid data are not obtained, either for Hg concentration or for a parameter used in the emissions calculations (i.e., flow rate, diluent gas concentration, or moisture, as applicable), do not calculate the Hg emission rate for that hour. For the purposes of this appendix, part 75 substitute data values are not considered to be valid data.


6.1.4 Operating hours in which valid data are not obtained for Hg concentration are considered to be hours of monitor downtime. The use of substitute data for Hg concentration is not required.


6.2 Calculation of Hg Emission Rates. Use the applicable calculation methods in paragraphs 6.2.1 and 6.2.2 of this section to convert Hg concentration values to the appropriate units of the emission standard.


6.2.1 Heat Input-Based Hg Emission Rates. Calculate hourly heat input-based Hg emission rates, in units of lb/TBtu, according to sections 6.2.1.1 through 6.2.1.4 of this appendix.


6.2.1.1 Select an appropriate emission rate equation from among Equations 19-1 through 19-9 in EPA Method 19 in appendix A-7 to part 60 of this chapter.


6.2.1.2 Calculate the Hg emission rate in lb/MMBtu, using the equation selected from Method 19. Multiply the Hg concentration value by 6.24 × 10−11 to convert it from µg/scm to lb/scf. In cases where an appropriate F-factor is not listed in Table 19-2 of Method 19, you may use F-factors from Table 1 in section 3.3.5 of appendix F to part 75 of this chapter, or F-factors derived using the procedures in section 3.3.6 of appendix to part 75 of this chapter. Also, for startup and shutdown hours, you may calculate the Hg emission rate using the applicable diluent cap value specified in section 3.3.4.1 of appendix F to part 75 of this chapter, provided that the diluent gas monitor is not out-of-control and the hourly average O2 concentration is above 14.0% O2 (19.0% for an IGCC) or the hourly average CO2 concentration is below 5.0% CO2 (1.0% for an IGCC), as applicable.


6.2.1.3 Multiply the lb/MMBtu value obtained in section 6.2.1.2 of this appendix by 10
6 to convert it to lb/TBtu.


6.2.1.4 The heat input-based Hg emission rate limit in Table 2 to this subpart must be met on a 30 boiler operating day rolling average basis, except as otherwise provided in § 63.10009(a)(2). Use Equation 19-19 in EPA Method 19 to calculate the Hg emission rate for each averaging period. The term Ehj in Equation 19-19 must be in the units of the applicable emission limit. Do not include non-operating hours with zero emissions in the average.


6.2.2 Electrical Output-Based Hg Emission Rates. Calculate electrical output-based Hg emission limits in units of lb/GWh, according to sections 6.2.2.1 through 6.2.2.3 of this appendix.


6.2.2.1 Calculate the Hg mass emissions for each operating hour in which valid data are obtained for all parameters, using Equation A-2 of this section (for wet-basis measurements of Hg concentration) or Equation A-3 of this section (for dry-basis measurements), as applicable:



Where:

Mh = Hg mass emission rate for the hour (lb/h)

K = Units conversion constant, 6.24 × 10−11 lb-scm/µg-scf,

Ch = Hourly average Hg concentration, wet basis (µg/scm)

Qh = Stack gas volumetric flow rate for the hour (scfh).

(Note: Use unadjusted flow rate values; bias adjustment is not required)



Where:

Mh = Hg mass emission rate for the hour (lb/h)

K = Units conversion constant, 6.24 × 10−11 lb-scm/µg-scf.

Ch = Hourly average Hg concentration, dry basis (µg/dscm).

Qh = Stack gas volumetric flow rate for the hour (scfh)

(Note: Use unadjusted flow rate values; bias adjustment is not required).

Bws = Moisture fraction of the stack gas, expressed as a decimal (equal to % H2O/100)

6.2.2.2 Use Equation A-4 of this section to calculate the emission rate for each unit or stack operating hour in which valid data are obtained for all parameters.



Where:

Eho = Electrical output-based Hg emission rate (lb/GWh).

Mh = Hg mass emission rate for the hour, from Equation A-2 or A-3 of this section, as applicable (lb/h).

(MW)h = Gross electrical load for the hour, in megawatts (MW).

10
3 = Conversion factor from megawatts to gigawatts.

6.2.2.3 The applicable gross output-based Hg emission rate limit in Table 1 or 2 to this subpart must be met on a 30- (or 90-) boiler operating day rolling average basis, except as otherwise provided in § 63.10009(a)(2). Use Equation A-5 of this appendix to calculate the Hg emission rate for each averaging period.



Where:

Eo = Hg emission rate for the averaging period (lb/GWh),

Eho = Gross output-based hourly Hg emission rate for unit or stack sampling hour “h” in the averaging period, from Equation A-4 of this appendix (lb/GWh), and

n = Number of unit or stack operating hours in the averaging period in which valid data were obtained for all parameters. (Note: Do not include non-operating hours with zero emission rates in the average).

7. Recordkeeping and Reporting

7.1 Recordkeeping Provisions. For the Hg CEMS and/or sorbent trap monitoring systems and any other necessary monitoring systems installed at each affected unit, the owner or operator must maintain a file of all measurements, data, reports, and other information required by this appendix in a form suitable for inspection, for 5 years from the date of each record, in accordance with § 63.10033. The file shall contain the information in paragraphs 7.1.1 through 7.1.10 of this section.


7.1.1 Monitoring Plan Records. For each affected unit or group of units monitored at a common stack, the owner or operator shall prepare and maintain a monitoring plan for the Hg CEMS and/or sorbent trap monitoring system(s) and any other monitoring system(s) (i.e., flow rate, diluent gas, or moisture systems) needed for routine operation of a sorbent trap monitoring system or to convert Hg concentrations to units of the applicable emission standard. The monitoring plan shall contain essential information on the continuous monitoring systems and shall Document how the data derived from these systems ensure that all Hg emissions from the unit or stack are monitored and reported.


7.1.1.1 Updates. Whenever the owner or operator makes a replacement, modification, or change in a certified continuous monitoring system that is used to provide data under this subpart (including a change in the automated data acquisition and handling system or the flue gas handling system) which affects information reported in the monitoring plan (e.g., a change to a serial number for a component of a monitoring system), the owner or operator shall update the monitoring plan.


7.1.1.2 Contents of the Monitoring Plan. For Hg CEMS and sorbent trap monitoring systems, the monitoring plan shall contain the information in sections 7.1.1.2.1 and 7.1.1.2.2 of this appendix, as applicable. For stack gas flow rate, diluent gas, and moisture monitoring systems, the monitoring plan shall include the information required for those systems under § 75.53 (g) of this chapter.


7.1.1.2.1 Electronic. The electronic monitoring plan records must include the following: unit or stack ID number(s); monitoring location(s); the Hg monitoring methodologies used; emissions controls; Hg monitoring system information, including, but not limited to: Unique system and component ID numbers; the make, model, and serial number of the monitoring equipment; the sample acquisition method; formulas used to calculate Hg emissions; and Hg monitor span and range information. The electronic monitoring plan shall be evaluated and submitted using the ECMPS Client Tool provided by the Clean Air Markets Division in the Office of Atmospheric Programs of the EPA.


7.1.1.2.2 Hard Copy. Keep records of the following: schematics and/or blueprints showing the location of the Hg monitoring system(s) and test ports; data flow diagrams; test protocols; monitor span and range calculations; miscellaneous technical justifications.


7.1.2 Operating Parameter Records. The owner or operator shall record the following information for each operating hour of each affected unit and also for each group of units utilizing a common stack, to the extent that these data are needed to convert Hg concentration data to the units of the emission standard. For non-operating hours, record only the items in paragraphs 7.1.2.1 and 7.1.2.2 of this section. If there is heat input to the unit(s), but no electrical load, record only the items in paragraphs 7.1.2.1, 7.1.2.2, and (if applicable) 7.1.2.4 of this section.


7.1.2.1 The date and hour;


7.1.2.2 The unit or stack operating time (rounded up to the nearest fraction of an hour (in equal increments that can range from one hundredth to one quarter of an hour, at the option of the owner or operator);


7.1.2.3 The hourly gross unit load (rounded to nearest MWe); and


7.1.2.4 If applicable, the F-factor used to calculate the heat input-based Hg emission rate.


7.1.2.5 If applicable, a flag to indicate that the hour is a startup or shutdown hour (as defined in § 63.10042).


7.1.2.6 The EGUs that constitute an emissions averaging group.


7.1.3 Hg Emissions Records (Hg CEMS). For each affected unit or common stack using a Hg CEMS, the owner or operator shall record the following information for each unit or stack operating hour:


7.1.3.1 The date and hour;


7.1.3.2 Monitoring system and component identification codes, as provided in the monitoring plan, if the CEMS provides a quality-assured value of Hg concentration for the hour;


7.1.3.3 The hourly Hg concentration, if a quality-assured value is obtained for the hour (µg/scm, with one leading non-zero digit and one decimal place, expressed in scientific notation). Use the following rounding convention: If the digit immediately following the first decimal place is 5 or greater, round the first decimal place upward (increase it by one); if the digit immediately following the first decimal place is 4 or less, leave the first decimal place unchanged;


7.1.3.4 A special code, indicating whether or not a quality-assured Hg concentration is obtained for the hour. This code may be entered manually when a temporary like-kind replacement Hg analyzer is used for reporting; and


7.1.3.5 Monitor data availability, as a percentage of unit or stack operating hours, calculated according to § 75.32 of this chapter.


7.1.4 Hg Emissions Records (Sorbent Trap Monitoring Systems). For each affected unit or common stack using a sorbent trap monitoring system, each owner or operator shall record the following information for the unit or stack operating hour in each data collection period:


7.1.4.1 The date and hour;


7.1.4.2 Monitoring system and component identification codes, as provided in the monitoring plan, if the sorbent trap system provides a quality-assured value of Hg concentration for the hour;


7.1.4.3 The hourly Hg concentration, if a quality-assured value is obtained for the hour (µg/scm, with one leading non-zero digit and one decimal place, expressed in scientific notation). Use the following rounding convention: If the digit immediately following the first decimal place is 5 or greater, round the first decimal place upward (increase it by one); if the digit immediately following the first decimal place is 4 or less, leave the first decimal place unchanged. Note that when a single quality-assured Hg concentration value is obtained for a particular data collection period, that single concentration value is applied to each operating hour of the data collection period.


7.1.4.4 A special code, indicating whether or not a quality-assured Hg concentration is obtained for the hour;


7.1.4.5 The average flow rate of stack gas through each sorbent trap (in appropriate units, e.g., liters/min, cc/min, dscm/min);


7.1.4.6 The gas flow meter reading (in dscm, rounded to the nearest hundredth), at the beginning and end of the collection period and at least once in each unit operating hour during the collection period;


7.1.4.7 The ratio of the stack gas flow rate to the sample flow rate, as described in section 12.2 of Performance Specification (PS) 12B in Appendix B to part 60 of this chapter; and


7.1.4.8 Monitor data availability, as a percentage of unit or stack operating hours, calculated according to § 75.32 of this chapter.


7.1.5 Stack Gas Volumetric Flow Rate Records.


7.1.5.1 Hourly measurements of stack gas volumetric flow rate during unit operation are required for routine operation of sorbent trap monitoring systems, to maintain the required ratio of stack gas flow rate to sample flow rate (see section 8.2.2 of Performance Specification (PS) 12B in Appendix B to part 60 of this chapter). Hourly stack gas flow rate data are also needed in order to demonstrate compliance with electrical output-based Hg emissions limits, as provided in section 6.2.2 of this appendix.


7.1.5.2 For each affected unit or common stack, if hourly measurements of stack gas flow rate are needed for sorbent trap monitoring system operation or to convert Hg concentrations to the units of the emission standard, use a flow rate monitor that meets the requirements of part 75 of this chapter to record the required data. You must keep hourly flow rate records, as specified in § 75.57(c)(2) of this chapter.


7.1.6 Records of Stack Gas Moisture Content.


7.1.6.1 Correction of hourly Hg concentration data for moisture is sometimes required when converting Hg concentrations to the units of the applicable Hg emissions limit. In particular, these corrections are required:


7.1.6.1.1 For sorbent trap monitoring systems;


7.1.6.1.2 For Hg CEMS that measure Hg concentration on a dry basis, when you must calculate electrical output-based Hg emission rates; and


7.1.6.1.3 When using certain equations from EPA Method 19 in appendix A-7 to part 60 of this chapter to calculate heat input-based Hg emission rates.


7.1.6.2 If hourly moisture corrections are required, either use a fuel-specific default moisture percentage from § 75.11(b)(1) of this chapter or a certified moisture monitoring system that meets the requirements of part 75 of this chapter, to record the required data. If you use a moisture monitoring system, you must keep hourly records of the stack gas moisture content, as specified in § 75.57(c)(3) of this chapter.


7.1.7 Records of Diluent Gas (CO2 or O2) Concentration.


7.1.7.1 When a heat input-based Hg mass emissions limit must be met, in units of lb/TBtu, hourly measurements of CO2 or O2 concentration are required to convert Hg concentrations to units of the standard.


7.1.7.2 If hourly measurements of diluent gas concentration are needed, use a certified CO2 or O2 monitor that meets the requirements of part 75 of this chapter to record the required data. You must keep hourly CO2 or O2 concentration records, as specified in § 75.57(g) of this chapter.


7.1.8 Hg Emission Rate Records. For applicable Hg emission limits in units of lb/TBtu or lb/GWh, record the following information for each affected unit or common stack:


7.1.8.1 The date and hour;


7.1.8.2 The hourly Hg emissions rate (lb/TBtu or lb/GWh, as applicable), calculated according to section 6.2.1 or 6.2.2 of this appendix, rounded to the same precision as the standard (i.e., with one leading non-zero digit and one decimal place, expressed in scientific notation), if valid values of Hg concentration and all other required parameters (stack gas volumetric flow rate, diluent gas concentration, electrical load, and moisture data, as applicable) are obtained for the hour. Use the following rounding convention: If the digit immediately following the first decimal place is 5 or greater, round the first decimal place upward (increase it by one); if the digit immediately following the first decimal place is 4 or less, leave the first decimal place unchanged;


7.1.8.3 An identification code for the formula (either the selected equation from Method 19 in section 6.2.1 of this appendix or Equation A-4 in section 6.2.2 of this appendix) used to derive the hourly Hg emission rate from Hg concentration, flow rate, electrical load, diluent gas concentration, and moisture data (as applicable); and


7.1.8.4 A code indicating that the Hg emission rate was not calculated for the hour, if valid data for Hg concentration and/or any of the other necessary parameters are not obtained for the hour. For the purposes of this appendix, the substitute data values required under part 75 of this chapter for diluent gas concentration, stack gas flow rate and moisture content are not considered to be valid data.


7.1.8.5 If applicable, a code to indicate that the default gross output (as defined in § 63.10042) was used to calculate the Hg emission rate.


7.1.8.6 If applicable, a code to indicate that the diluent cap (as defined in § 63.10042) was used to calculate the Hg emission rate.


7.1.9 Certification and Quality Assurance Test Records. For any Hg CEMS and sorbent trap monitoring systems used to provide data under this subpart, record the following certification and quality-assurance information:


7.1.9.1 The reference values, monitor responses, and calculated calibration error (CE) values, and a flag to indicate whether the test was done using elemental or oxidized Hg, for all required 7-day calibration error tests and daily calibration error tests of the Hg CEMS;


7.1.9.2 The reference values, monitor responses, and calculated linearity error (LE) or system integrity error (SIE) values for all linearity checks of the Hg CEMS, and for all single-level and 3-level system integrity checks of the Hg CEMS;


7.1.9.3 The CEMS and reference method readings for each test run and the calculated relative accuracy results for all RATAs of the Hg CEMS and/or sorbent trap monitoring systems;


7.1.9.4 The stable stack gas and calibration gas readings and the calculated results for the upscale and downscale stages of all required cycle time tests of the Hg CEMS or, for a batch sampling Hg CEMS, the interval between measured Hg concentration readings;


7.1.9.5 Supporting information for all required RATAs of the Hg monitoring systems, including records of the test dates, the raw reference method and monitoring system data, the results of sample analyses to substantiate the reported test results, and records of sampling equipment calibrations;


7.1.9.6 For sorbent trap monitoring systems, also keep records of the results of all analyses of the sorbent traps used for routine daily operation of the system, and information documenting the results of all leak checks and the other applicable quality control procedures described in Table 12B-1 of Performance Specification (PS) 12B in appendix B to part 60 of this chapter.


7.1.9.7 For stack gas flow rate, diluent gas, and (if applicable) moisture monitoring systems, you must keep records of all certification, recertification, diagnostic, and on-going quality-assurance tests of these systems, as specified in § 75.59 of this chapter.


7.2 Reporting Requirements.


7.2.1 General Reporting Provisions. The owner or operator shall comply with the following requirements for reporting Hg emissions from each affected unit (or group of units monitored at a common stack) under this subpart:


7.2.1.1 Notifications, in accordance with paragraph 7.2.2 of this section;


7.2.1.2 Monitoring plan reporting, in accordance with paragraph 7.2.3 of this section;


7.2.1.3 Certification, recertification, and QA test submittals, in accordance with paragraph 7.2.4 of this section; and


7.2.1.4 Electronic quarterly report submittals, in accordance with paragraph 7.2.5 of this section.


7.2.2 Notifications. The owner or operator shall provide notifications for each affected unit (or group of units monitored at a common stack) under this subpart in accordance with § 63.10030.


7.2.3 Monitoring Plan Reporting. For each affected unit (or group of units monitored at a common stack) under this subpart using Hg CEMS or sorbent trap monitoring system to measure Hg emissions, the owner or operator shall make electronic and hard copy monitoring plan submittals as follows:


7.2.3.1 For an EGU that begins reporting hourly Hg concentrations with a previously-certified Hg monitoring system, submit the monitoring plan information in section 7.1.1.2 of this appendix prior to or concurrent with the first required quarterly emissions report. For a new EGU, or for an EGU switching to continuous monitoring of Hg emissions after having implemented another allowable compliance option under this subpart, submit the information in section 7.1.1.2 of this appendix at least 21 days prior to the start of initial certification testing of the CEMS. Also submit the monitoring plan information in section 75.53(g) pertaining to any required flow rate, diluent gas, and moisture monitoring systems within the applicable time frame specified in this section, if the required records are not already in place.


7.2.3.2 Whenever an update of the monitoring plan is required, as provided in paragraph 7.1.1.1 of this section. An electronic monitoring plan information update must be submitted either prior to or concurrent with the quarterly report for the calendar quarter in which the update is required.


7.2.3.3 All electronic monitoring plan submittals and updates shall be made to the Administrator using the ECMPS Client Tool. Hard copy portions of the monitoring plan shall be kept on record according to section 7.1 of this appendix.


7.2.4 Certification, Recertification, and Quality-Assurance Test Reporting. Except for daily QA tests of the required monitoring systems (i.e., calibration error tests and flow monitor interference checks), the results of all required certification, recertification, and quality-assurance tests described in paragraphs 7.1.9.1 through 7.1.9.7 of this section (except for test results previously submitted, e.g., under the ARP) shall be submitted electronically, using the ECMPS Client Tool, either prior to or concurrent with the relevant quarterly electronic emissions report.


7.2.5 Quarterly Reports.


7.2.5.1 Beginning with the report for the calendar quarter in which the initial compliance demonstration is completed or the calendar quarter containing the applicable date in § 63.9984, the owner or operator of any affected unit shall use the ECMPS Client Tool to submit electronic quarterly reports to the Administrator, in an XML format specified by the Administrator, for each affected unit (or group of units monitored at a common stack) under this subpart.


7.2.5.2 The electronic reports must be submitted within 30 days following the end of each calendar quarter, except for units that have been placed in long-term cold storage.


7.2.5.3 Each electronic quarterly report shall include the following information:


7.2.5.3.1 The date of report generation;


7.2.5.3.2 Facility identification information;


7.2.5.3.3 The information in paragraphs 7.1.2 through 7.1.8 of this section, as applicable to the Hg emission measurement methodology (or methodologies) used and the units of the Hg emission standard(s); and


7.2.5.3.4 The results of all daily calibration error tests of the Hg CEMS, as described in paragraph 7.1.9.1 of this section and (if applicable) the results of all daily flow monitor interference checks.


7.2.5.4 Compliance Certification. Based on reasonable inquiry of those persons with primary responsibility for ensuring that all Hg emissions from the affected unit(s) under this subpart have been correctly and fully monitored, the owner or operator shall submit a compliance certification in support of each electronic quarterly emissions monitoring report. The compliance certification shall include a statement by a responsible official with that official’s name, title, and signature, certifying that, to the best of his or her knowledge, the report is true, accurate, and complete.


[77 FR 9464, Feb. 16, 2012, as amended at 77 FR 23408, Apr. 19, 2012; 78 FR 24093, Apr. 24, 2013; 79 FR 68795, Nov. 19, 2014; 81 FR 20203 Apr. 6, 2016; 82 FR 16740, Apr. 6, 2017; 85 FR 55766, Sept. 9, 2020]


Appendix B to Subpart UUUUU of Part 63 – -HCl and HF Monitoring Provisions

1. Applicability

These monitoring provisions apply to the measurement of HCl and/or HF emissions from electric utility steam generating units, using CEMS. The CEMS must be capable of measuring HCl and/or HF in the appropriate units of the applicable emissions standard (e.g., lb/MMBtu, lb/MWh, or lb/GWh).


2. Monitoring of HCl and/or HF Emissions

2.1 Monitoring System Installation Requirements. Install HCl and/or HF CEMS and any additional monitoring systems needed to convert pollutant concentrations to units of the applicable emissions limit in accordance with § 63.10010(a) and either Performance Specification 15 (PS 15) of appendix B to part 60 of this chapter for extractive Fourier Transform Infrared Spectroscopy (FTIR) continuous emissions monitoring systems or Performance Specification 18 (PS 18) of appendix B to part 60 of this chapter for HCl CEMS.


2.2 Primary and Backup Monitoring Systems. The provisions pertaining to primary and redundant backup monitoring systems in section 2.2 of appendix A to this subpart apply to HCl and HF CEMS and any additional monitoring systems needed to convert pollutant concentrations to units of the applicable emissions limit.


2.3 Monitoring System Equipment, Supplies, Definitions, and General Operation.


The following provisions apply:


2.3.1 PS 15, Sections 2.0, 3.0, 4.0, 5.0, 6.0, and 10.0 of appendix B to part 60 of this chapter; or


2.3.2 PS 18, Sections 3.0, 6.0, and 11.0 of appendix B to part 60 of this chapter.


3. Initial Certification Procedures

The initial certification procedures for the HCl or HF CEMS used to provide data under this subpart are as follows:


3.1 If you choose to follow PS 15 of appendix B to part 60 of this chapter, then your HCl and/or HF CEMS must be certified according to PS 15 using the procedures for gas auditing and comparison to a reference method (RM) as specified in sections 3.1.1 and 3.1.2 below.


3.1.1 You must conduct a gas audit of the HCl and/or HF CEMS as described in section 9.1 of Performance Specification 15, with the exceptions listed in sections 3.1.2.1 and 3.1.2.2 below.


3.1.1.1 The audit sample gas does not have to be obtained from the Administrator; however, it must be (1) from a secondary source of certified gases (i.e., independent of any calibration gas used for the daily calibration assessments) and (2) directly traceable to National Institute of Standards and Technology (NIST) or VSL Dutch Metrology Institute (VSL) reference materials through an unbroken chain of comparisons. If audit gas traceable to NIST or VSL reference materials is not available, you may use a gas with a concentration certified to a specified uncertainty by the gas manufacturer.


3.1.1.2 Analyze the results of the gas audit using the calculations in section 12.1 of Performance Specification 15. The calculated correction factor (CF) from Eq. 6 of Performance Specification 15 must be between 0.85 and 1.15. You do not have to test the bias for statistical significance.


3.1.2 You must perform a relative accuracy test audit or RATA according to section 11.1.1.4 of Performance Specification 15 and the requirements below. Perform the RATA of the HCl or HF CEMS at normal load. Acceptable HCl/HF reference methods (RM) are Methods 26 and 26A in appendix A-8 to part 60 of this chapter, Method 320 in Appendix A to this part, or ASTM D6348-03 (Reapproved 2010) “Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy” (incorporated by reference, see § 63.14), each applied based on the criteria set forth in Table 5 of this subpart.


3.1.2.1 When ASTM D6348-03 is used as the RM, the following conditions must be met:


3.1.2.1.1 The test plan preparation and implementation in the Annexes to ASTM D6348-03, Sections A1 through A8 are mandatory;


3.1.2.1.2 In ASTM D6348-03 Annex A5 (Analyte Spiking Technique), the percent (%) R must be determined for each target analyte (see Equation A5.5);


3.1.2.1.3 For the ASTM D6348-03 test data to be acceptable for a target analyte, %R must be 70% ≤R ≤130%; and


3.1.2.1.4 The %R value for each compound must be reported in the test report and all field measurements corrected with the calculated %R value for that compound using the following equation:



3.1.2.2 The relative accuracy (RA) of the HCl or HF CEMS must be no greater than 20 percent of the mean value of the RM test data in units of ppm on the same moisture basis. Alternatively, if the mean RM value is less than 1.0 ppm, the RA results are acceptable if the absolute value of the difference between the mean RM and CEMS values does not exceed 0.20 ppm.


3.2 If you choose to follow PS 18 of appendix B to part 60 of this chapter, then your HCl CEMS must be certified according to PS 18, sections 7.0, 8.0, 11.0, 12.0, and 13.0.


3.3 Any additional stack gas flow rate, diluent gas, and moisture monitoring system(s) needed to express pollutant concentrations in units of the applicable emissions limit must be certified according to part 75 of this chapter.


4. Recertification Procedures

Whenever the owner or operator makes a replacement, modification, or change to a certified CEMS that may significantly affect the ability of the system to accurately measure or record pollutant or diluent gas concentrations, stack gas flow rates, or stack gas moisture content, the owner or operator shall recertify the monitoring system. Furthermore, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit operation that may significantly change the concentration or flow profile, the owner or operator shall recertify the monitoring system. The same tests performed for the initial certification of the monitoring system shall be repeated for recertification, unless otherwise specified by the Administrator. Examples of changes that require recertification include: Replacement of a gas analyzer; complete monitoring system replacement, and changing the location or orientation of the sampling probe.


5. On-Going Quality Assurance Requirements

On-going QA test requirements for HCl and HF CEMS must be implemented as follows:


5.1 If you choose to follow Performance Specification 15 (PS 15) of appendix B to part 60 of this chapter, then the quality assurance/quality control procedures of PS 15 shall apply as set forth in sections 5.1.1 through 5.1.3 and 5.4.2 of this appendix.


5.1.1 On a daily basis, you must assess the calibration error of the HCl or HF CEMS using either a calibration transfer standard as specified in Performance Specification 15 Section 10.1 which references Section 4.5 of the FTIR Protocol or a HCl and/or HF calibration gas at a concentration no greater than two times the level corresponding to the applicable emission limit. A calibration transfer standard is a substitute calibration compound chosen to ensure that the FTIR is performing well at the wavelength regions used for analysis of the target analytes. The measured concentration of the calibration transfer standard or HCl and/or HF calibration gas results must agree within ±5 percent of the reference gas value after correction for differences in pressure.


5.1.2 On a quarterly basis, you must conduct a gas audit of the HCl and/or HF CEMS as described in section 3.1.1 of this appendix. For the purposes of this appendix, “quarterly” means once every “QA operating quarter” (as defined in section 3.1.20 of appendix A to this subpart). You have the option to use HCl gas in lieu of HF gas for conducting this audit on an HF CEMS. To the extent practicable, perform consecutive quarterly gas audits at least 30 days apart. The initial quarterly audit is due in the first QA operating quarter following the calendar quarter in which certification testing of the CEMS is successfully completed. Up to three consecutive exemptions from the quarterly audit requirement are allowed for “non-QA operating quarters” (i.e., calendar quarters in which there are less than 168 unit or stack operating hours). However, no more than four consecutive calendar quarters may elapse without performing a gas audit, except as otherwise provided in section 5.4.2.2.1 of this appendix.


5.1.3 You must perform an annual relative accuracy test audit or RATA of the HCl or HF CEMS as described in section 3.1.2 of this appendix. Perform the RATA at normal load. For the purposes of this appendix, “annual” means once every four “QA operating quarters” (as defined in section 3.1.20 of appendix A to this subpart). The first annual RATA is due within four QA operating quarters following the calendar quarter in which the initial certification testing of the HCl or HF CEMS is successfully completed. The provisions in section 5.1.2.4 of appendix A to this subpart pertaining to RATA deadline extensions also apply.


5.2 If you choose to follow Performance Specification PS 18 of appendix B to part 60 of this chapter, then the quality assurance/quality control procedures in Procedure 6 of appendix F to part 60 of this chapter shall apply. The quarterly and annual QA tests required under Procedure 6 shall be performed, respectively, at the frequencies specified in sections 5.1.2 and 5.1.3 of this appendix.


5.3 Stack gas flow rate, diluent gas, and moisture monitoring systems must meet the applicable on-going QA test requirements of part 75 of this chapter.


5.3.1 Out-of-Control Periods. A HCl or HF CEMS that is used to provide data under this appendix is considered to be out-of-control, and data from the CEMS may not be reported as quality-assured, when any acceptance criteria for a required QA test is not met. The HCl or HF CEMS is also considered to be out-of-control when a required QA test is not performed on schedule or within an allotted grace period. To end an out-of-control period, the QA test that was either failed or not done on time must be performed and passed. Out-of-control periods are counted as hours of monitoring system downtime.


5.3.2 Grace Periods. For the purposes of this appendix, a “grace period” is defined as a specified number of unit or stack operating hours after the deadline for a required quality-assurance test of a continuous monitor has passed, in which the test may be performed and passed without loss of data.


5.3.2.1 For the flow rate, diluent gas, and moisture monitoring systems described in section 5.2 of this appendix, a 168 unit or stack operating hour grace period is available for quarterly linearity checks, and a 720 unit or stack operating hour grace period is available for RATAs, as provided, respectively, in sections 2.2.4 and 2.3.3 of appendix B to part 75 of this chapter.


5.3.2.2 For the purposes of this appendix, if the deadline for a required gas audit or RATA of a HCl or HF CEMS cannot be met due to circumstances beyond the control of the owner or operator:


5.3.2.2.1 A 168 unit or stack operating hour grace period is available in which to perform the gas audit; or


5.3.2.2.2 A 720 unit or stack operating hour grace period is available in which to perform the RATA.


5.3.2.3 If a required QA test is performed during a grace period, the deadline for the next test shall be determined as follows:


5.3.2.3.1 For a gas audit or RATA of the monitoring systems described in section 5.1 of this appendix, determine the deadline for the next gas audit or RATA (as applicable) in accordance with section 2.2.4(b) or 2.3.3(d) of appendix B to part 75 of this chapter; treat a gas audit in the same manner as a linearity check.


5.3.2.3.2 For the gas audit of a HCl or HF CEMS, the grace period test only satisfies the audit requirement for the calendar quarter in which the test was originally due. If the calendar quarter in which the grace period audit is performed is a QA operating quarter, an additional gas audit is required for that quarter.


5.3.2.3.3 For the RATA of a HCl or HF CEMS, the next RATA is due within three QA operating quarters after the calendar quarter in which the grace period test is performed.


5.3.3 Conditional Data Validation For recertification and diagnostic testing of the monitoring systems that are used to provide data under this appendix, and for the required QA tests when non-redundant backup monitoring systems or temporary like-kind replacement analyzers are brought into service, the conditional data validation provisions in §§ 75.20(b)(3)(ii) through (b)(3)(ix) of this chapter may be used to avoid or minimize data loss. The allotted window of time to complete calibration tests and RATAs shall be as specified in § 75.20(b)(3)(iv) of this chapter; the allotted window of time to complete a gas audit shall be the same as for a linearity check (i.e., 168 unit or stack operating hours).


5.4 Data Validation.


5.4.1 Out-of-Control Periods. An HCl or HF CEMS that is used to provide data under this appendix is considered to be out-of-control, and data from the CEMS may not be reported as quality-assured, when any acceptance criteria for a required QA test is not met. The HCl or HF CEMS is also considered to be out-of-control when a required QA test is not performed on schedule or within an allotted grace period. To end an out-of-control period, the QA test that was either failed or not done on time must be performed and passed. Out-of-control periods are counted as hours of monitoring system downtime.


5.4.2 Grace Periods. For the purposes of this appendix, a “grace period” is defined as a specified number of unit or stack operating hours after the deadline for a required quality-assurance test of a continuous monitor has passed, in which the test may be performed and passed without loss of data.


5.4.2.1 For the monitoring systems described in section 5.3 of this appendix, a 168 unit or stack operating hour grace period is available for quarterly linearity checks, and a 720 unit or stack operating hour grace period is available for RATAs, as provided, respectively, in sections 2.2.4 and 2.3.3 of appendix B to part 75 of this chapter.


5.4.2.2 For the purposes of this appendix, if the deadline for a required gas audit/data accuracy assessment or RATA of an HCl CEMS cannot be met due to circumstances beyond the control of the owner or operator:


5.4.2.2.1 A 168 unit or stack operating hour grace period is available in which to perform the gas audit or other quarterly data accuracy assessment; or


5.4.2.2.2 A 720 unit or stack operating hour grace period is available in which to perform the RATA.


5.4.2.3 If a required QA test is performed during a grace period, the deadline for the next test shall be determined as follows:


5.4.2.3.1 For a gas audit or RATA of the monitoring systems described in sections 5.1 and 5.2 of this appendix, determine the deadline for the next gas audit or RATA (as applicable) in accordance with section 2.2.4(b) or 2.3.3(d) of appendix B to part 75 of this chapter; treat a gas audit in the same manner as a linearity check.


5.4.2.3.2 For the gas audit or other quarterly data accuracy assessment of an HCl or HF CEMS, the grace period test only satisfies the audit requirement for the calendar quarter in which the test was originally due. If the calendar quarter in which the grace period audit is performed is a QA operating quarter, an additional gas audit/data accuracy assessment is required for that quarter.


5.4.2.3.3 For the RATA of an HCl or HF CEMS, the next RATA is due within three QA operating quarters after the calendar quarter in which the grace period test is performed.


5.4.3 Conditional Data Validation. For recertification and diagnostic testing of the monitoring systems that are used to provide data under this appendix, the conditional data validation provisions in § 75.20(b)(3)(ii) through (ix) of this chapter may be used to avoid or minimize data loss. The allotted window of time to complete calibration tests and RATAs shall be as specified in § 75.20(b)(3)(iv) of this chapter; the allotted window of time to complete a quarterly gas audit or data accuracy assessment shall be the same as for a linearity check (i.e., 168 unit or stack operating hours).


6. Missing Data Requirements

For the purposes of this appendix, the owner or operator of an affected unit shall not substitute for missing data from HCl or HF CEMS. Any process operating hour for which quality-assured HCl or HF concentration data are not obtained is counted as an hour of monitoring system downtime.


7. Bias Adjustment

Bias adjustment of hourly emissions data from a HCl or HF CEMS is not required.


8. QA/QC Program Requirements

The owner or operator shall develop and implement a quality assurance/quality control (QA/QC) program for the HCl and/or HF CEMS that are used to provide data under this subpart. At a minimum, the program shall include a written plan that describes in detail (or that refers to separate documents containing) complete, step-by-step procedures and operations for the most important QA/QC activities. Electronic storage of the QA/QC plan is permissible, provided that the information can be made available in hard copy to auditors and inspectors. The QA/QC program requirements for the other monitoring systems described in section 5.3 of this appendix are specified in section 1 of appendix B to part 75 of this chapter.


8.1 General Requirements for HCl and HF CEMS.


8.1.1 Preventive Maintenance. Keep a written record of procedures needed to maintain the HCl and/or HF CEMS in proper operating condition and a schedule for those procedures. This shall, at a minimum, include procedures specified by the manufacturers of the equipment and, if applicable, additional or alternate procedures developed for the equipment.


8.1.2 Recordkeeping and Reporting. Keep a written record describing procedures that will be used to implement the recordkeeping and reporting requirements of this appendix.


8.1.3 Maintenance Records. Keep a record of all testing, maintenance, or repair activities performed on any HCl or HF CEMS in a location and format suitable for inspection. A maintenance log may be used for this purpose. The following records should be maintained: Date, time, and description of any testing, adjustment, repair, replacement, or preventive maintenance action performed on any monitoring system and records of any corrective actions associated with a monitor outage period. Additionally, any adjustment that may significantly affect a system’s ability to accurately measure emissions data must be recorded and a written explanation of the procedures used to make the adjustment(s) shall be kept.


8.2 Specific Requirements for HCl and HF CEMS. The following requirements are specific to HCl and HF CEMS:


8.2.1 Keep a written record of the procedures used for each type of QA test required for each HCl and HF CEMS. Explain how the results of each type of QA test are calculated and evaluated.


8.2.2 Explain how each component of the HCl and/or HF CEMS will be adjusted to provide correct responses to calibration gases after routine maintenance, repairs, or corrective actions.


9. Data Reduction and Calculations

9.1 Design and operate the HCl and/or HF CEMS to complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period.


9.2 Reduce the HCl and/or HF concentration data to hourly averages in accordance with § 60.13(h)(2) of this chapter.


9.3 Convert each hourly average HCl or HF concentration to an HCl or HF emission rate expressed in units of the applicable emissions limit.


9.3.1 For heat input-based emission rates, select an appropriate emission rate equation from among Equations 19-1 through 19-9 in EPA Method 19 in Appendix A-7 to part 60 of this chapter, to calculate the HCl or HF emission rate in lb/MMBtu. Multiply the HCl concentration value (ppm) by 9.43 × 10−8 to convert it to lb/scf, for use in the applicable Method 19 equation. For HF, the conversion constant from ppm to lb/scf is 5.18 × 10−8. The appropriate diluent cap value from section 6.2.1.2 of Appendix A to this subpart may be used to calculate the HCl or HF emission rate (lb/MMBtu) during startup or shutdown hours.


9.3.2 For gross output-based emission rates, first calculate the HCl or HF mass emission rate (lb/h), using an equation that has the general form of Equation A-2 or A-3 in appendix A to this subpart (as applicable), replacing the value of K with 9.43 × 10−8 lb/scf-ppm (for HCl) or 5.18 × 10−8 (for HF) and defining Ch as the hourly average HCl or HF concentration in ppm. Then, divide the result by the hourly gross output (megawatts) to convert it to units of lb/MWh. If the gross output is zero during a startup or shutdown hour, use the default gross output (as defined in § 63.10042) to calculate the HCl or HF emission rate. The default gross output is not considered to be a substitute data value.


9.4 Use Equation A-5 in appendix A of this subpart to calculate the required 30-boiler operating day rolling average HCl or HF emission rates. Report each 30-boiler operating day rolling average to the same precision as the standard (i.e., with one leading non-zero digit and one decimal place), expressed in scientific notation. The term Eho in Equation A-5 must be in the units of the applicable emissions limit.


10. Recordkeeping Requirements

10.1 For each HCl or HF CEMS installed at an affected source, and for any other monitoring system(s) needed to convert pollutant concentrations to units of the applicable emissions limit, the owner or operator must maintain a file of all measurements, data, reports, and other information required by this appendix in a form suitable for inspection, for 5 years from the date of each record, in accordance with § 63.10033. The file shall contain the information in paragraphs 10.1.1 through 10.1.8 of this section.


10.1.1 Monitoring Plan Records. For each affected unit or group of units monitored at a common stack, the owner or operator shall prepare and maintain a monitoring plan for the HCl and/or HF CEMS and any other monitoring system(s) (i.e, flow rate, diluent gas, or moisture systems) needed to convert pollutant concentrations to units of the applicable emission standard. The monitoring plan shall contain essential information on the continuous monitoring systems and shall explain how the data derived from these systems ensure that all HCl or HF emissions from the unit or stack are monitored and reported.


10.1.1.1 Updates. Whenever the owner or operator makes a replacement, modification, or change in a certified continuous HCl or HF monitoring system that is used to provide data under this subpart (including a change in the automated data acquisition and handling system or the flue gas handling system) which affects information reported in the monitoring plan (e.g., a change to a serial number for a component of a monitoring system), the owner or operator shall update the monitoring plan.


10.1.1.2 Contents of the Monitoring Plan. For HCl and/or HF CEMS, the monitoring plan shall contain the applicable electronic and hard copy information in sections 10.1.1.2.1 and 10.1.1.2.2 of this appendix. For stack gas flow rate, diluent gas, and moisture monitoring systems, the monitoring plan shall include the electronic and hard copy information required for those systems under § 75.53 (g) of this chapter. The electronic monitoring plan shall be evaluated using the ECMPS Client Tool.


10.1.1.2.1 Electronic. Record the unit or stack ID number(s); monitoring location(s); the HCl or HF monitoring methodology used (i.e., CEMS); HCl or HF monitoring system information, including, but not limited to: unique system and component ID numbers; the make, model, and serial number of the monitoring equipment; the sample acquisition method; formulas used to calculate emissions; monitor span and range information (if applicable).


10.1.1.2.2 Hard Copy. Keep records of the following: schematics and/or blueprints showing the location of the monitoring system(s) and test ports; data flow diagrams; test protocols; monitor span and range calculations (if applicable); miscellaneous technical justifications.


10.1.2 Operating Parameter Records. For the purposes of this appendix, the owner or operator shall record the following information for each operating hour of each affected unit or group of units utilizing a common stack, to the extent that these data are needed to convert pollutant concentration data to the units of the emission standard. For non-operating hours, record only the items in paragraphs 10.1.2.1 and 10.1.2.2 of this section. If there is heat input to the unit(s), but no electrical load, record only the items in paragraphs 10.1.2.1, 10.1.2.2, and (if applicable) 10.1.2.4 of this section.


10.1.2.1 The date and hour;


10.1.2.2 The unit or stack operating time (rounded up to the nearest fraction of an hour (in equal increments that can range from one hundredth to one quarter of an hour, at the option of the owner or operator);


10.1.2.3 The hourly gross unit load (rounded to nearest MWge); and


10.1.2.4 If applicable, the F-factor used to calculate the heat input-based pollutant emission rate.


10.1.2.5 If applicable, a flag to indicate that the hour is a startup or shutdown hour (as defined in § 63.10042).


10.1.3 HCl and/or HF Emissions Records. For HCl and/or HF CEMS, the owner or operator must record the following information for each unit or stack operating hour:


10.1.3.1 The date and hour;


10.1.3.2 Monitoring system and component identification codes, as provided in the electronic monitoring plan, for each hour in which the CEMS provides a quality-assured value of HCl or HF concentration (as applicable);


10.1.3.3 The pollutant concentration, for each hour in which a quality-assured value is obtained. For HCl and HF, record the data in parts per million (ppm), with one leading non-zero digit and one decimal place, expressed in scientific notation. Use the following rounding convention: If the digit immediately following the first decimal place is 5 or greater, round the first decimal place upward (increase it by one); if the digit immediately following the first decimal place is 4 or less, leave the first decimal place unchanged.


10.1.3.4 A special code, indicating whether or not a quality-assured HCl or HF concentration value is obtained for the hour. This code may be entered manually when a temporary like-kind replacement HCl or HF analyzer is used for reporting; and


10.1.3.5 Monitor data availability, as a percentage of unit or stack operating hours, calculated according to § 75.32 of this chapter.


10.1.4 Stack Gas Volumetric Flow Rate Records.


10.1.4.1 Hourly measurements of stack gas volumetric flow rate during unit operation are required to demonstrate compliance with electrical output-based HCl or HF emissions limits (i.e., lb/MWh or lb/GWh).


10.1.4.2 Use a flow rate monitor that meets the requirements of part 75 of this chapter to record the required data. You must keep hourly flow rate records, as specified in § 75.57(c)(2) of this chapter.


10.1.5 Records of Stack Gas Moisture Content.


10.1.5.1 Correction of hourly pollutant concentration data for moisture is sometimes required when converting concentrations to the units of the applicable Hg emissions limit. In particular, these corrections are required:


10.1.5.1.1 To calculate electrical output-based pollutant emission rates, when using a CEMS that measures pollutant concentrations on a dry basis; and


10.1.5.1.2 To calculate heat input-based pollutant emission rates, when using certain equations from EPA Method 19 in appendix A-7 to part 60 of this chapter.


10.1.5.2 If hourly moisture corrections are required, either use a fuel-specific default moisture percentage for coal-fired units from § 75.11(b)(1) of this chapter, an Administrator approved default moisture value for non-coal-fired units (as per paragraph 63.10010(d) of this subpart), or a certified moisture monitoring system that meets the requirements of part 75 of this chapter, to record the required data. If you elect to use a moisture monitoring system, you must keep hourly records of the stack gas moisture content, as specified in § 75.57(c)(3) of this chapter.


10.1.6 Records of Diluent Gas (CO2 or O2) Concentration.


10.1.6.1 To assess compliance with a heat input-based HCl or HF emission rate limit in units of lb/MMBtu, hourly measurements of CO2 or O2 concentration are required to convert pollutant concentrations to units of the standard.


10.1.6.2 If hourly measurements of diluent gas concentration are needed, you must use a certified CO2 or O2 monitor that meets the requirements of part 75 of this chapter to record the required data. For all diluent gas monitors, you must keep hourly CO2 or O2 concentration records, as specified in § 75.57(g) of this chapter.


10.1.7 HCl and HF Emission Rate Records. For applicable HCl and HF emission limits in units of lb/MMBtu, lb/MWh, or lb/GWh, record the following information for each affected unit or common stack:


10.1.7.1 The date and hour;


10.1.7.2 The hourly HCl and/or HF emissions rate (lb/MMBtu, or lb/MWh, as applicable), for each hour in which valid values of HCl or HF concentration and all other required parameters (stack gas volumetric flow rate, diluent gas concentration, electrical load, and moisture data, as applicable) are obtained for the hour. Round off the emission rate to the same precision as the standard (i.e., with one leading non-zero digit and one decimal place, expressed in scientific notation). Use the following rounding convention: If the digit immediately following the first decimal place is 5 or greater, round the first decimal place upward (increase it by one); if the digit immediately following the first decimal place is 4 or less, leave the first decimal place unchanged;


10.1.7.3 An identification code for the formula used to derive the hourly HCl or HF emission rate from HCl or HF concentration, flow rate, electrical load, diluent gas concentration, and moisture data (as applicable); and


10.1.7.4 A code indicating that the HCl or HF emission rate was not calculated for the hour, if valid data for HCl or HF concentration and/or any of the other necessary parameters are not obtained for the hour. For the purposes of this appendix, the substitute data values required under part 75 of this chapter for diluent gas concentration, stack gas flow rate and moisture content are not considered to be valid data.


10.1.7.5 If applicable, a code to indicate that the default electrical load (as defined in § 63.10042) was used to calculate the HCl or HF emission rate.


10.1.7.6 If applicable, a code to indicate that the diluent cap (as defined in § 63.10042) was used to calculate the HCl or HF emission rate.


10.1.8 Certification and Quality Assurance Test Records. For the HCl and/or HF CEMS used to provide data under this subpart at each affected unit (or group of units monitored at a common stack), record the following information for all required certification, recertification, diagnostic, and quality-assurance tests:


10.1.8.1 HCl and HF CEMS.


10.1.8.1.1 For each required 7-day and daily calibration drift test or daily calibration error test (including daily calibration transfer standard tests) of the HCl or HF CEMS, record the test date(s) and time(s), reference gas value(s), monitor response(s), and calculated calibration drift or calibration error value(s). If you use the dynamic spiking option for the mid-level calibration drift check under PS-18, you must also record the measured concentration of the native HCl in the flue gas before and after the spike and the spiked gas dilution factor. When using an IP-CEMS under PS-18, you must also record the measured concentrations of the native HCl before and after introduction of each reference gas, the path lengths of the calibration cell and the stack optical path, the stack and calibration cell temperatures, the instrument line strength factor, and the calculated equivalent concentration of reference gas.


10.1.8.1.2 For the required gas audits of an FTIR HCl or HF CEMS that is following PS 15, record the date and time of each spiked and unspiked sample, the audit gas reference values and uncertainties. Keep records of all calculations and data analyses required under sections 9.1 and 12.1 of Performance Specification 15, and the results of those calculations and analyses.


10.1.8.1.3 For each required RATA of an HCl or HF CEMS, record the beginning and ending date and time of each test run, the reference method(s) used, and the reference method and HCl or HF CEMS run values. Keep records of stratification tests performed (if any), all of the raw field data, relevant process operating data, and all of the calculations used to determine the relative accuracy.


10.1.8.1.4 For each required beam intensity test of an HCl IP-CEMS under PS-18, record the test date and time, the known attenuation value (%) used for the test, the concentration of the high-level reference gas used, the full-beam and attenuated beam intensity levels, the measured HCl concentrations at full-beam intensity and attenuated intensity and the percent difference between them, and the results of the test. For each required daily beam intensity check of an IP-CEMS under Procedure 6, record the beam intensity measured including the units of measure and the results of the check.


10.1.8.1.5 For each required measurement error (ME) test of an HCl monitor, record the date and time of each gas injection, the reference gas concentration (low, mid, or high) and the monitor response for each of the three injections at each of the three levels. Also record the average monitor response and the ME at each gas level and the related calculations. For ME tests conducted on IP-CEMS, also record the measured concentrations of the native HCl before and after introduction of each reference gas, the path lengths of the calibration cell and the stack optical path, the stack and calibration cell temperatures, the stack and calibration cell pressures, the instrument line strength factor, and the calculated equivalent concentration of reference gas.


10.1.8.1.6 For each required level of detection (LOD) test of an HCl monitor performed in a controlled environment, record the test date, the concentrations of the reference gas and interference gases, the results of the seven (or more) consecutive measurements of HCl, the standard deviation, and the LOD value. For each required LOD test performed in the field, record the test date, the three measurements of the native source HCl concentration, the results of the three independent standard addition (SA) measurements known as standard addition response (SAR), the effective spike addition gas concentration (for IP-CEMS, the equivalent concentration of the reference gas), the resulting standard addition detection level (SADL) value and all related calculations. For extractive CEMS performing the SA using dynamic spiking, you must record the spiked gas dilution factor.


10.1.8.1.7 For each required ME/level of detection response time test of an HCl monitor, record the test date, the native HCl concentration of the flue gas, the reference gas value, the stable reference gas readings, the upscale/downscale start and end times, and the results of the upscale and downscale stages of the test.


10.1.8.1.8 For each required temperature or pressure measurement verification or audit of an IP-CEMS, keep records of the test date, the temperatures or pressures (as applicable) measured by the calibrated temperature or pressure reference device and the IP-CEMS, and the results of the test.


10.1.8.1.9 For each required interference test of an HCl monitor, record (or obtain from the analyzer manufacturer records of): The date of the test; the gas volume/rate, temperature, and pressure used to conduct the test; the HCl concentration of the reference gas used; the concentrations of the interference test gases; the baseline HCl and HCl responses for each interferent combination spiked; and the total percent interference as a function of span or HCl concentration.


10.1.8.1.10 For each quarterly relative accuracy audit (RAA) of an HCl monitor, record the beginning and ending date and time of each test run, the reference method used, the HCl concentrations measured by the reference method and CEMS for each test run, the average concentrations measured by the reference method and the CEMS, and the calculated relative accuracy. Keep records of the raw field data, relevant process operating data, and the calculations used to determine the relative accuracy.


10.1.8.1.11 For each quarterly cylinder gas audit (CGA) of an HCl monitor, record the date and time of each injection, and the reference gas concentration (zero, mid, or high) and the monitor response for each injection. Also record the average monitor response and the calculated ME at each gas level. For IP-CEMS, you must also record the measured concentrations of the native HCl before and after introduction of each reference gas, the path lengths of the calibration cell and the stack optical path, the stack and calibration cell temperatures, the stack and calibration cell pressures, the instrument line strength factor, and the calculated equivalent concentration of reference gas.


10.1.8.1.12 For each quarterly dynamic spiking audit (DSA) of an HCl monitor, record the date and time of the zero gas injection and each spike injection, the results of the zero gas injection, the gas concentrations (mid and high) and the dilution factors and the monitor response for each of the six upscale injections as well as the corresponding native HCl concentrations measured before and after each injection. Also record the average dynamic spiking error for each of the upscale gases, the calculated average DSA Accuracy at each upscale gas concentration, and all calculations leading to the DSA Accuracy.


10.1.8.2 Additional Monitoring Systems. For the stack gas flow rate, diluent gas, and moisture monitoring systems described in section 3.2 of this appendix, you must keep records of all certification, recertification, diagnostic, and on-going quality-assurance tests of these systems, as specified in § 75.59(a) of this chapter.


11. Reporting Requirements

11.1 General Reporting Provisions. The owner or operator shall comply with the following requirements for reporting HCl and/or HF emissions from each affected unit (or group of units monitored at a common stack):


11.1.1 Notifications, in accordance with paragraph 11.2 of this section;


11.1.2 Monitoring plan reporting, in accordance with paragraph 11.3 of this section;


11.1.3 Certification, recertification, and QA test submittals, in accordance with paragraph 11.4 of this section; and


11.1.4 Electronic quarterly report submittals, in accordance with paragraph 11.5 of this section.


11.2 Notifications. The owner or operator shall provide notifications for each affected unit (or group of units monitored at a common stack) in accordance with § 63.10030.


11.3 Monitoring Plan Reporting. For each affected unit (or group of units monitored at a common stack) using HCl and/or HF CEMS, the owner or operator shall make electronic and hard copy monitoring plan submittals as follows:


11.3.1 For an EGU that begins reporting hourly HCl and/or HF concentrations with a previously-certified CEMS, submit the monitoring plan information in section 10.1.1.2 of this appendix prior to or concurrent with the first required quarterly emissions report. For a new EGU, or for an EGU switching to continuous monitoring of HCl and/or HF emissions after having implemented another allowable compliance option under this subpart, submit the information in section 10.1.1.2 of this appendix at least 21 days prior to the start of initial certification testing of the CEMS. Also submit the monitoring plan information in section 75.53(g) pertaining to any required flow rate, diluent gas, and moisture monitoring systems within the applicable time frame specified in this section, if the required records are not already in place.


11.3.2 Update the monitoring plan when required, as provided in paragraph 10.1.1.1 of this appendix. An electronic monitoring plan information update must be submitted either prior to or concurrent with the quarterly report for the calendar quarter in which the update is required.


11.3.3 All electronic monitoring plan submittals and updates shall be made to the Administrator using the ECMPS Client Tool. Hard copy portions of the monitoring plan shall be kept on record according to section 10.1 of this appendix.


11.4 Certification, Recertification, and Quality-Assurance Test Reporting Requirements. Except for daily QA tests (i.e., calibrations and flow monitor interference checks), which are included in each electronic quarterly emissions report, use the ECMPS Client Tool to submit the results of all required certification, recertification, quality-assurance, and diagnostic tests of the monitoring systems required under this appendix electronically. Submit the test results either prior to or concurrent with the relevant quarterly electronic emissions report. However, for RATAs of the HCl monitor, if this is not possible, you have up to 60 days after the test completion date to submit the test results; in this case, you may claim provisional status for the emissions data affected by the test, starting from the date and hour in which the test was completed and continuing until the date and hour in which the test results are submitted. If the test is successful, the status of the data in that time period changes from provisional to quality-assured, and no further action is required. However, if the test is unsuccessful, the provisional data must be invalidated and resubmission of the affected emission report(s) is required.


11.4.1 For each daily calibration drift (or calibration error) assessment (including daily calibration transfer standard tests), and for each 7-day calibration drift test of an HCl or HF monitor, report:


11.4.1.1 Facility ID information;


11.4.1.2 The monitoring component ID;


11.4.1.3 The instrument span and span scale;


11.4.1.4 For each gas injection, the date and time, the calibration gas level (zero, mid or other), the reference gas value (ppm), and the monitor response (ppm);


11.4.1.5 A flag to indicate whether dynamic spiking was used for the upscale value (extractive HCl monitors only);


11.4.1.6 Calibration drift or calibration error (percent of span or reference gas, as applicable);


11.4.1.7 When using the dynamic spiking option, the measured concentration of native HCl before and after each mid-level spike and the spiked gas dilution factor;


11.4.1.8 When using an IP-CEMS, also report the measured concentration of native HCl before and after each upscale measurement, the path lengths of the calibration cell and the stack optical path, the stack and calibration cell temperatures, the stack and calibration cell pressures, the instrument line strength factor, and the equivalent concentration of the reference gas; and


11.4.1.9 Reason for test (for the 7-day CD test, only).


11.4.2 For each quarterly gas audit of an HCl or HF CEMS that is following PS 15, report:


11.4.2.1 Facility ID information;


11.4.2.2 Monitoring system ID number;


11.4.2.3 Type of test (e.g., quarterly gas audit);


11.4.2.4 Reason for test;


11.4.2.5 Certified audit (spike) gas concentration value (ppm);


11.4.2.6 Measured value of audit (spike) gas, including date and time of injection;


11.4.2.7 Calculated dilution ratio for audit (spike) gas;


11.4.2.8 Date and time of each spiked flue gas sample;


11.4.2.9 Date and time of each unspiked flue gas sample;


11.4.2.10 The measured values for each spiked gas and unspiked flue gas sample (ppm);


11.4.2.11 The mean values of the spiked and unspiked sample concentrations and the expected value of the spiked concentration as specified in section 12.1 of Performance Specification 15 (ppm);


11.4.2.12 Bias at the spike level as calculated using equation 3 in section 12.1 of Performance Specification 15; and


11.4.2.13 The correction factor (CF), calculated using equation 6 in section 12.1 of Performance Specification 15.


11.4.3 For each RATA of a HCl or HF CEMS, report:


11.4.3.1 Facility ID information;


11.4.3.2 Monitoring system ID number;


11.4.3.3 Type of test (i.e., initial or annual RATA);


11.4.3.4 Reason for test;


11.4.3.5 The reference method used;


11.4.3.6 Starting and ending date and time for each test run;


11.4.3.7 Units of measure;


11.4.3.8 The measured reference method and CEMS values for each test run, on a consistent moisture basis, in appropriate units of measure;


11.4.3.9 Flags to indicate which test runs were used in the calculations;


11.4.3.10 Arithmetic mean of the CEMS values, of the reference method values, and of their differences;


11.4.3.11 Standard deviation, using either Equation 2-4 in section 12.3 of PS 2 in appendix B to part 60 of this chapter or Equation 10 in section 12.6.5 of PS 18;


11.4.3.12 Confidence coefficient, using either Equation 2-5 in section 12.4 of PS 2 in appendix B to part 60 of this chapter or Equation 11 in section 12.6.6 of PS 18;


11.4.3.13 t-value; and


11.4.3.14 Relative accuracy calculated using Equation 2-6 of Performance Specification 2 in appendix B to part 60 of this chapter or, if applicable, according to the alternative procedure for low emitters described in section 3.1.2.2 of this appendix. If applicable use a flag to indicate that the alternative RA specification for low emitters has been applied.


11.4.4 For each 3-level ME test of an HCl monitor, report:


11.4.4.1 Facility ID information;


11.4.4.2 Monitoring component ID;


11.4.4.3 Instrument span and span scale;


11.4.4.4 For each gas injection, the date and time, the calibration gas level (low, mid, or high), the reference gas value in ppm and the monitor response. When using an IP-CEMS, also report the measured concentration of native HCl before and after each injection, the path lengths of the calibration cell and the stack optical path, the stack and calibration cell temperatures, the stack and calibration cell pressures, the instrument line strength factor, and the equivalent concentration of the reference gas;


11.4.4.5 For extractive CEMS, the mean reference value and mean of measured values at each reference gas level (ppm). For IP-CEMS, the mean of the measured concentration minus the average measured native concentration minus the equivalent reference gas concentration (ppm), at each reference gas level – see Equation 6A in PS 18;


11.4.4.6 ME at each reference gas level; and


11.4.4.7 Reason for test.


11.4.5 Beam intensity tests of an IP CEMS:


11.4.5.1 For the initial beam intensity test described in PS 18 in appendix B to part 60 of this chapter, report:


11.4.5.1.1 Facility ID information;


11.4.5.1.2 Date and time of the test;


11.4.5.1.3 Monitoring system ID;


11.4.5.1.4 Reason for test;


11.4.5.1.5 Attenuation value (%);


11.4.5.1.6 High level gas concentration (ppm);


11.4.5.1.7 Full and attenuated beam intensity levels, including units of measure;


11.4.5.1.8 Measured HCl concentrations at full and attenuated beam intensity (ppm); and


11.4.5.1.9 Percentage difference between the HCl concentrations.


11.4.5.2 For the daily beam intensity check described in Procedure 6 of appendix F to Part 60 of this chapter, report:


11.4.5.2.1 Facility ID information;


11.4.5.2.2 Date and time of the test;


11.4.5.2.3 Monitoring system ID;


11.4.5.2.4 The attenuated beam intensity level (limit) established in the initial test;


11.4.5.2.5 The beam intensity measured during the daily check; and


11.4.5.2.6 Results of the test (pass or fail).


11.4.6 For each temperature or pressure verification or audit of an HCl IP-CEMS, report:


11.4.6.1 Facility ID information;


11.4.6.2 Date and time of the test;


11.4.6.3 Monitoring system ID;


11.4.6.4 Type of verification (temperature or pressure);


11.4.6.5 Stack sensor measured value;


11.4.6.6 Reference device measured value;


11.4.6.7 Results of the test (pass or fail); and


11.4.6.8 Reason for test.


11.4.7 For each interference test of an HCl monitoring system, report:


11.4.7.1 Facility ID information;


11.4.7.2 Date of test;


11.4.7.3 Monitoring system ID;


11.4.7.4 Results of the test (pass or fail);


11.4.7.5 Reason for test; and


11.4.7.6 A flag to indicate whether the test was performed: On this particular monitoring system; on one of multiple systems of the same type; or by the manufacturer on a system with components of the same make and model(s) as this system.


11.4.8 For each LOD test of an HCl monitor, report:


11.4.8.1 Facility ID information;


11.4.8.2 Date of test;


11.4.8.3 Reason for test;


11.4.8.4 Monitoring system ID;


11.4.8.5 A code to indicate whether the test was done in a controlled environment or in the field;


11.4.8.6 HCl reference gas concentration;


11.4.8.7 HCl responses with interference gas (seven repetitions);


11.4.8.8 Standard deviation of HCl responses;


11.4.8.9 Effective spike addition gas concentrations;


11.4.8.10 HCl concentration measured without spike;


11.4.8.11 HCl concentration measured with spike;


11.4.8.12 Dilution factor for spike;


11.4.8.13 The controlled environment LOD value (ppm or ppm-meters);


11.4.8.14 The field determined standard addition detection level (SADL in ppm or ppm-meters); and


11.4.8.15 Result of LDO/SADL test (pass/fail).


11.4.9 For each ME or LOD response time test of an HCl monitor, report:


11.4.9.1 Facility ID information;


11.4.9.2 Date of test;


11.4.9.3 Monitoring component ID;


11.4.9.4 The higher of the upscale or downscale tests, in minutes; and


11.4.9.5 Reason for test.


11.4.10 For each quarterly RAA of an HCl monitor, report:


11.4.10.1 Facility ID information;


11.4.10.2 Monitoring system ID;


11.4.10.3 Begin and end time of each test run;


11.4.10.4 The reference method used;


11.4.10.5 The reference method and CEMS values for each test run, including the units of measure;


11.4.10.6 The mean reference method and CEMS values for the three test runs;


11.4.10.7 The calculated relative accuracy, percent; and


11.4.10.8 Reason for test.


11.4.11 For each quarterly cylinder gas audit of an HCl monitor, report:


11.4.11.1 Facility ID information;


11.4.11.2 Monitoring component ID;


11.4.11.3 Instrument span and span scale;


11.4.11.4 For each gas injection, the date and time, the reference gas level (zero, mid, or high), the reference gas value in ppm, and the monitor response. When using an IP-CEMS, also report the measured concentration of native HCl before and after each injection, the path lengths of the calibration cell and the stack optical path, the stack and calibration cell temperatures, the stack and calibration cell pressures, the instrument line strength factor, and the equivalent concentration of the reference gas;


11.4.11.5 For extractive CEMS, the mean reference gas value and mean monitor response at each reference gas level (ppm). For IP-CEMS, the mean of the measured concentration minus the average measured native concentration minus the equivalent reference gas concentration (ppm), at each reference gas level -see Equation 6A in PS 18;


11.4.11.6 ME at each reference gas level; and


11.4.11.7 Reason for test.


11.4.12 For each quarterly DSA of an HCl monitor, report:


11.4.12.1 Facility ID information;


11.4.12.2 Monitoring component ID;


11.4.12.3 Instrument span and span scale;


11.4.12.4 For the zero gas injection, the date and time, and the monitor response (Note: The zero gas injection from a calibration drift check performed on the same day as the upscale spikes may be used for this purpose.);


11.4.12.5 Zero spike error;


11.4.12.6 For the upscale gas spiking, the date and time of each spike, the reference gas level (mid- or high-), the reference gas value (ppm), the dilution factor, the native HCl concentrations before and after each spike, and the monitor response for each gas spike;


11.4.12.7 Upscale spike error;


11.4.12.8 DSA at the zero level and at each upscale gas level; and


11.4.12.9 Reason for test.


11.4.13 Reporting Requirements for Diluent Gas, Flow Rate, and Moisture Monitoring Systems. For the certification, recertification, diagnostic, and QA tests of stack gas flow rate, moisture, and diluent gas monitoring systems that are certified and quality-assured according to part 75 of this chapter, report the information in section 10.1.8.2 of this appendix.


11.5 Quarterly Reports.


11.5.1 The owner or operator of any affected unit shall use the ECMPS Client Tool to submit electronic quarterly reports to the Administrator in an XML format specified by the Administrator, for each affected unit (or group of units monitored at a common stack). If the certified HCl or HF CEMS is used for the initial compliance demonstration, HCl or HF emissions reporting shall begin with the first operating hour of the 30-boiler operating day compliance demonstration period. Otherwise, HCl or HF emissions reporting shall begin with the first operating hour after successfully completing all required certification tests of the CEMS.


11.5.2 The electronic reports must be submitted within 30 days following the end of each calendar quarter, except for units that have been placed in long-term cold storage.


11.5.3 Each electronic quarterly report shall include the following information:


11.5.3.1 The date of report generation;


11.5.3.2 Facility identification information;


11.5.3.3 The information in sections 10.1.2 through 10.1.7 of this appendix, as applicable to the type(s) of monitoring system(s) used to measure the pollutant concentrations and other necessary parameters.


11.5.3.4 The results of all daily calibrations (including calibration transfer standard tests) of the HCl or HF monitor as described in section 10.1.8.1.1 of this appendix; and


11.5.3.5 If applicable, the results of all daily flow monitor interference checks, in accordance with section 10.1.8.2 of this appendix.


11.5.4 Compliance Certification. Based on reasonable inquiry of those persons with primary responsibility for ensuring that all HCl and/or HF emissions from the affected unit(s) have been correctly and fully monitored, the owner or operator shall submit a compliance certification in support of each electronic quarterly emissions monitoring report. The compliance certification shall include a statement by a responsible official with that official’s name, title, and signature, certifying that, to the best of his or her knowledge, the report is true, accurate, and complete.


[77 FR 9464, Feb. 16, 2012, as amended at 78 FR 24094, Apr. 24, 2013; 79 FR 68795, Nov. 19, 2014; 81 FR 20205, Apr. 6, 2016; 85 FR 55766, Sept. 9, 2020]


Appendix C to Subpart UUUUU of Part 63 – PM Monitoring Provisions

1. General Provisions

1.1 Applicability. These monitoring provisions apply to the continuous measurement of filterable PM emissions from affected EGUs under this subpart. A PM CEMS is used together with other CMS and (as applicable) parametric measurement devices to quantify PM emissions in units of the applicable standard (i.e., lb/MMBtu or lb/MWh).


1.2 Initial Certification and Recertification Procedures.


You, as the owner or operator of an affected EGU that uses a PM CEMS to demonstrate compliance with a filterable PM emissions limit in Table 1 or 2 to this subpart must certify and, if applicable, recertify the CEMS according to PS-11 in appendix B to part 60 of this chapter.


1.3 Quality Assurance and Quality Control Requirements. You must meet the applicable quality assurance requirements of Procedure 2 in appendix F to part 60 of this chapter.


1.4 Missing Data Procedures. You must not substitute data for missing data from the PM CEMS. Any process operating hour for which quality-assured PM concentration data are not obtained is counted as an hour of monitoring system downtime.


1.5 Adjustments for Flow System Bias. When the PM emission rate is reported on a gross output basis, you must not adjust the data recorded by a stack gas flow rate monitor for bias, which may otherwise be required under section 75.24 of this chapter.


2. Monitoring of PM Emissions

2.1 Monitoring System Installation Requirements. Flue gases from the affected EGUs under this subpart vent to the atmosphere through a variety of exhaust configurations including single stacks, common stack configurations, and multiple stack configurations. For each of these configurations, 40 CFR 63.10010(a) specifies the appropriate location(s) at which to install CMS. These CMS installation provisions apply to the PM CEMS and to the other CMS and parametric monitoring devices that provide data for the PM emissions calculations in section 6 of this appendix.


2.2 Primary and Backup Monitoring Systems. In the electronic monitoring plan described in section 7 of this appendix, you must create and designate a primary monitoring system for PM and for each additional parameter (i.e., stack gas flow rate, CO2 or O2 concentration, stack gas moisture content, as applicable). The primary system must be used to report hourly PM concentration values when the system is able to provide quality-assured data, i.e., when the system is “in control.” However, to increase data availability in the event of a primary monitoring system outage, you may install, operate, maintain, and calibrate a redundant backup monitoring system. A redundant backup system is one that is permanently installed at the unit or stack location and is kept on “hot standby” in case the primary monitoring system is unable to provide quality-assured data. You must represent each redundant backup system as a unique monitoring system in the electronic monitoring plan. You must certify each redundant backup monitoring system according to the applicable provisions in section 4 of this appendix. In addition, each redundant monitoring system must meet the applicable on-going QA requirements in section 5 of this appendix.


3. PM Emissions Measurement Methods

The following definitions, equipment specifications, procedures, and performance criteria are applicable


3.1 Definitions. All definitions specified in section 3 of PS-11 in appendix B to part 60 of this chapter and section 3 of Procedure 2 in appendix F to part 60 of this chapter are applicable to the measurement of filterable PM emissions from electric utility steam generating units under this subpart. In addition, the following definitions apply:


3.1.1 Stack operating hour means a clock hour during which flue gases flow through a particular stack or duct (either for the entire hour or for part of the hour) while the associated unit(s) are combusting fuel.


3.1.2 Unit operating hour means a clock hour during which a unit combusts any fuel, either for part of the hour or for the entire hour.


3.2 Continuous Monitoring Methods.


3.2.1 Installation and Measurement Location. You must install the PM CEMS according to 40 CFR 63.10010 and Section 2.4 of PS-11.


3.2.2 Units of Measure. For the purposes of this subpart, you shall report hourly PM concentrations in units of measure that correspond to your PM CEMS correlation curve (e.g., mg/acm, mg/acm @ 160 °C, mg/wscm, mg/dscm).


3.2.3 Other Necessary Data Collection. To convert hourly PM concentrations to the units of the applicable emissions standard (i.e., lb/MMBtu or lb/MWh), you must collect additional data as described in sections 3.2.3.1 and 3.2.3.2 of this appendix. You must install, certify, operate, maintain, and quality-assure any stack gas flow rate, CO2, O2, or moisture monitoring systems needed for this purpose according to sections 4 and 5 of this appendix. The calculation methods for the emission limits described in sections 3.2.3.1 and 3.2.3.2 of this appendix are presented in section 6 of this appendix.


3.2.3.1 Heat Input-Based Emission Limits. To demonstrate compliance with a heat input-based PM emission limit in Table 2 to this subpart, you must provide the hourly stack gas CO2 or O2 concentration, along with a fuel-specific Fc factor or dry-basis F-factor and (if applicable) the stack gas moisture content, in order to convert measured PM concentrations values to the units of the standard.


3.2.3.2 Gross Output-Based Emission Limits. To demonstrate compliance with a gross output-based PM emission limit in Table 1 or Table 2 to this subpart, you must provide the hourly gross output in megawatts, along with data from a certified stack gas flow rate monitor and (if applicable) the stack gas moisture content, in order to convert measured PM concentrations values to units of the standard.


4. Certification and Recertification Requirements

4.1 Certification Requirements. You must certify your PM CEMS and the other CMS used to determine compliance with the applicable emissions standard before the PM CEMS can be used to provide data under this subpart. Redundant backup monitoring systems (if used) are subject to the same certification requirements as the primary systems.


4.1.1 PM CEMS. You must certify your PM CEMS according to PS-11 in appendix B to part 60 of this chapter. A PM CEMS that has been installed and certified according to PS-11 as a result of another state or federal regulatory requirement or consent decree prior to the effective date of this subpart shall be considered certified for this subpart if you can demonstrate that your PM CEMS meets the PS-11 acceptance criteria based on the applicable emission standard in this subpart.


4.1.2 Flow Rate, Diluent Gas, and Moisture Monitoring Systems. You must certify the continuous monitoring systems that are needed to convert PM concentrations to units of the standard or (if applicable) to convert the measured PM concentrations from wet basis to dry basis or vice-versa (i.e., stack gas flow rate, diluent gas (CO2 or O2) concentration, or moisture monitoring systems), in accordance with the applicable provisions in section 75.20 of this chapter and appendix A to part 75 of this chapter.


4.1.3 Other Parametric Measurement Devices. Any temperature or pressure measurement devices that are used to convert hourly PM concentrations to standard conditions must be installed, calibrated, maintained, and operated according to the manufacturers’ instructions.


4.2 Recertification.


4.2.1 You must recertify your PM CEMS if it is either: moved to a different stack or duct; moved to a new location within the same stack or duct; modified or repaired in such a way that the existing correlation is altered or impacted; or replaced.


4.2.2 The flow rate, diluent gas, and moisture monitoring systems that are used to convert PM concentration to units of the emission standard are subject to the recertification provisions in section 75.20(b) of this chapter.


4.3 Development of a New or Revised Correlation Curve. You must develop a new or revised correlation curve if:


4.3.1 An RCA is failed and the new or revised correlation is developed according to section 10.6 in Procedure 2 of appendix F to part 60 of this chapter; or


4.3.2 The events described in paragraph (1) or (2) in section 8.8 of PS-11 occur.


5. Ongoing Quality Assurance (QA) and Data Validation

5.1 PM CEMS.


5.1.1 Required QA Tests. Following initial certification, you must conduct periodic QA testing of each primary and (if applicable) redundant backup PM CEMS. The required QA tests and the PS that must be met are found in Procedure 2 of appendix F to part 60 of this chapter (Procedure 2). Except as otherwise provided in section 5.1.2 of this appendix, the QA tests shall be done at the frequency specified in Procedure 2.


5.1.2 RRA and RCA Test Frequencies.


5.1.2.1 The test frequency for RRAs of the PM CEMS shall be annual, i.e., once every 4 calendar quarters. The RRA must either be performed within the fourth calendar quarter after the calendar quarter in which the previous RRA was completed or in a grace period (see section 5.1.3, below). When a required annual RRA is done within a grace period, the deadline for the next RRA is 4 calendar quarters after the quarter in which the RRA was originally due, rather than the calendar quarter in which the grace period test is completed.


5.1.2.2 The test frequency for RCAs of the PM CEMS shall be triennial, i.e., once every 12 calendar quarters. If a required RCA is not completed within 12 calendar quarters after the calendar quarter in which the previous RCA was completed, it must be performed in a grace period immediately following the twelfth calendar quarter (see section 5.1.3, below). When an RCA is done in a grace period, the deadline for the next RCA shall be 12 calendar quarters after the calendar quarter in which the RCA was originally due, rather than the calendar quarter in which the grace period test is completed.


5.1.2.3 Successive quarterly audits (i.e., ACAs and, if applicable, sample volume audits (SVAs)) shall be conducted at least 60 days apart.


5.1.3 Grace Period. A grace period is available, immediately following the end of the calendar quarter in which an RRA or RCA of the PM CEMS is due. The length of the grace period shall be the lesser of 720 EGU (or stack) operating hours or 1 calendar quarter.


5.1.4 RCA and RRA Acceptability. The results of your RRA or RCA are considered acceptable provided that the criteria in section 10.4(5) of Procedure 2 in appendix F to part 60 of this chapter are met for an RCA or section 10.4(6) of Procedure 2 in appendix F to part 60 of this chapter are met for an RRA.


5.1.5 Data Validation. Your PM CEMS is considered to be out-of-control, and you may not report data from it as quality-assured, when, for a required certification, recertification, or QA test, the applicable acceptance criterion (either in PS-11 in appendix B to part 60 of this chapter or Procedure 2 in appendix F to part 60 of this chapter) is not met. Further, data from your PM CEMS are considered out-of-control, and may not be used for reporting, when a required QA test is not performed on schedule or within an allotted grace period. When an out-of-control period occurs, you must perform the appropriate follow-up actions. For an out-of-control period triggered by a failed QA test, you must perform and pass the same type of test in order to end the out-of-control period. For a QA test that is not performed on time, data from the PM CEMS remain out-of-control until the required test has been performed and passed. You must count all out-of-control data periods of the PM CEMS as hours of monitoring system downtime.


5.2 Stack Gas Flow Rate, Diluent Gas, and Moisture Monitoring Systems. The on-going QA test requirements and data validation criteria for the primary and (if applicable) redundant backup stack gas flow rate, diluent gas, and moisture monitoring systems are specified in appendix B to part 75 of this chapter.


5.3 QA/QC Program Requirements. You must develop and implement a QA/QC program for the PM CEMS and the other equipment that is used to provide data under this subpart. You may store your QA/QC plan electronically, provided that the information can be made available expeditiously in hard copy to auditors and inspectors.


5.3.1 General Requirements.


5.3.1.1 Preventive Maintenance. You must keep a written record of the procedures needed to maintain the PM CEMS and other equipment that is used to provide data under this subpart in proper operating condition, along with a schedule for those procedures. At a minimum, you must include all procedures specified by the manufacturers of the equipment and, if applicable, additional or alternate procedures developed for the equipment.


5.3.1.2 Recordkeeping Requirements. You must keep a written record describing procedures that will be used to implement the recordkeeping and reporting requirements of this appendix.


5.3.1.3 Maintenance Records. You must keep a record of all testing, maintenance, or repair activities performed on the PM CEMS, and other equipment used to provide data under this subpart in a location and format suitable for inspection. You may use a maintenance log for this purpose. You must maintain the following records for each system or device: The date, time, and description of any testing, adjustment, repair, replacement, or preventive maintenance action performed, and records of any corrective actions taken. Additionally, you must record any adjustment that may affect the ability of a monitoring system or measurement device to make accurate measurements, and you must keep a written explanation of the procedures used to make the adjustment(s).


5.3.2 Specific Requirements for the PM CEMS.


5.3.2.1 Daily, and Quarterly Quality Assurance Assessments. You must keep a written record of the procedures used for daily assessments of the PM CEMS. You must also keep records of the procedures used to perform quarterly ACA and (if applicable) SVA audits. You must document how the test results are calculated and evaluated.


5.3.2.2 Monitoring System Adjustments. You must document how each component of the PM CEMS will be adjusted to provide correct responses after routine maintenance, repairs, or corrective actions.


5.3.2.3 Correlation Tests, Annual and Triennial Audits. You must keep a written record of procedures used for the correlation test(s), annual RRAs, and triennial RCAs of the PM CEMS. You must document how the test results are calculated and evaluated.


5.3.3 Specific Requirements for Diluent Gas, Stack Gas Flow Rate, and Moisture Monitoring Systems. The QA/QC program requirements for the stack gas flow rate, diluent gas, and moisture monitoring systems described in section 3.2.3 of this appendix are specified in section 1 of appendix B to part 75 of this chapter.


5.3.4 Requirements for Other Monitoring Equipment. For the equipment required to convert readings from the PM CEMS to standard conditions (e.g., devices to measure temperature and pressure), you must keep a written record of the calibrations and/or other procedures used to ensure that the devices provide accurate data.


5.3.5 You may store your QA/QC plan electronically, provided that you can make the information available expeditiously in hard copy to auditors or inspectors.


6. Data Reduction and Caculations

6.1 Data Reduction and Validation.


6.1.1 You must reduce the data from PM CEMS to hourly averages, in accordance with 40 CFR 60.13(h)(2) of this chapter.


6.1.2 You must reduce all CEMS data from stack gas flow rate, CO2, O2, and moisture monitoring systems to hourly averages according to 40 CFR 75.10(d)(1) of this chapter.


6.1.3 You must reduce all other data from devices used to convert readings from the PM CEMS to standard conditions to hourly averages according to 40 CFR 60.13(h)(2) or 40 CFR 75.10(d)(1) of this chapter. This includes, but is not limited to, data from devices used to measure temperature and pressure, or, for cogeneration units that calculate gross output based on steam characteristics, devices to measure steam flow rate, steam pressure, and steam temperature.


6.1.4 Do not calculate the PM emission rate for any unit or stack operating hour in which valid data are not obtained for PM concentration or for any parameter used in the PM emission rate calculations (i.e., gross output, stack gas flow rate, stack temperature, stack pressure, stack gas moisture content, or diluent gas concentration, as applicable).


6.1.5 For the purposes of this appendix, part 75 substitute data values for stack gas flow rate, CO2 concentration, O2 concentration, and moisture content are not considered to be valid data.


6.1.6 Operating hours in which PM concentration is missing or invalid are hours of monitoring system downtime. The use of substitute data for PM concentration is not allowed.


6.1.7 You must exclude all data obtained during a boiler startup or shutdown operating hour (as defined in 40 CFR 63.10042) from the determination of the 30-boiler operating day rolling average PM emission rates.


6.2 Calculation of PM Emission Rates. Unless your PM CEMS is correlated to provide PM concentrations at standard conditions, you must use the calculation methods in sections 6.2.1 through 6.2.3 of this appendix to convert measured PM concentration values to units of the emission limit (lb/MMBtu or lb/MWh, as applicable).


6.2.1 PM concentrations must be at standard conditions in order to convert them to units of the emissions limit. If your PM CEMS measures PM concentrations at standard conditions, proceed to section 6.2.2 or 6.2.3, below (as applicable). However, if your PM CEMS measures PM concentrations in units of mg/acm or mg/acm at a specified temperature (e.g., 160 °C), you must first use one of the following equations to convert the hourly PM concentration values from actual to standard conditions:



or



Where:

Cstd = PM concentration at standard conditions

Ca = PM concentration at measurement conditions

Ts = Stack Temperature ( °F)

TCEMS = CEMS Measurement Temperature ( °F)

PCEMS = CEMS Measurement Pressure (in. Hg)

Ps = Stack Pressure (in. Hg)

Tstd = Standard Temperature (68 °F)

Pstd = Standard Pressure (29.92 in. Hg).

6.2.2 Heat Input-Based PM Emission Rates (Existing EGUs, Only). Calculate the hourly heat input-based PM emission rates (if applicable), in units of lb/MMBtu, according to sections 6.2.2.1 and 6.2.2.2 of this appendix.

6.2.2.1 You must select an appropriate emission rate equation from among Equations 19-1 through 19-9 in appendix A-7 to part 60 of this chapter to convert the hourly PM concentration values from section 6.2.1 of this appendix to units of lb/MMBtu. Note that the EPA test Method 19 equations require the pollutant concentration to be expressed in units of lb/scf; therefore, you must first multiply the PM concentration by 6.24 × 10−8 to convert it from mg/scm to lb/scf.

6.2.2.2 You must use the appropriate carbon-based or dry-basis F-factor in the emission rate equation that you have selected. You may either use an F-factor from Table 19-2 of EPA test Method 19 in appendix A-7 to part 60 of this chapter or from section 3.3.5 or section 3.3.6 of appendix F to part 75 of this chapter.


6.2.2.3 If the hourly average O2 concentration is above 14.0% O2 (19.0% for an IGCC) or the hourly average CO2 concentration is below 5.0% CO2 (1.0% for an IGCC), you may calculate the PM emission rate using the applicable diluent cap value (as defined in 40 CFR 63.10042 and specified in 40 CFR 63.10007(f)(1)), provided that the diluent gas monitor is operating and recording quality-assured data).


6.2.2.4 If your selected EPA test Method 19 equation requires a correction for the stack gas moisture content, you may either use quality-assured hourly data from a certified part 75 moisture monitoring system, a fuel-specific default moisture value from 40 CFR 75.11(b) of this chapter, or a site-specific default moisture value approved by the Administrator under section 75.66 of this chapter.


6.2.3 Gross Output-Based PM Emission Rates. For each unit or stack operating hour, if Cstd is measured on a wet basis, you must use Equation C-3 to calculate the gross output-based PM emission rate (if applicable). Use Equation C-4 if Cstd is measured on a dry basis:



Where:

Eheo = Hourly gross output-based PM emission rate (lb/MWh)

Cstd = PM concentration from section 6.2.1 (mg/scm), wet basis

Qs = Unadjusted stack gas volumetric flow rate (scfh, wet basis)

MW = Gross output (megawatts)

6.24 × 10−8 = Conversion factor

or



Where:

Eheo = Hourly gross output-based PM emission rate (lb/MWh)

Cstd = PM concentration from section 6.2.1 (mg/scm), dry basis

Qs = Unadjusted stack gas volumetric flow rate (scfh, wet basis)

MW = Gross output (megawatts)

Bws = Proportion by volume of water vapor in the stack gas

6.24 × 10−8 = Conversion factor

6.2.4 You must calculate the 30-boiler operating day rolling average PM emission rates according to 40 CFR 63.10021(b).


7. Recordkeeping and Reporting

7.1 Recordkeeping Provisions. For the PM CEMS and the other necessary CMS and parameter measurement devices installed at each affected unit or common stack, you must maintain a file of all measurements, data, reports, and other information required by this appendix in a form suitable for inspection, for 5 years from the date of each record, in accordance with 40 CFR 63.10033. The file shall contain the applicable information in sections 7.1.1 through 7.1.11 of this appendix.


7.1.1 Monitoring Plan Records. For each EGU or group of EGUs monitored at a common stack, you must prepare and maintain a monitoring plan for the PM CEMS and the other CMS(s) needed to convert PM concentrations to units of the applicable emission standard.


7.1.1.1 Updates. If you make a replacement, modification, or change in a certified CEMS that is used to provide data under this appendix (including a change in the automated data acquisition and handling system (DAHS)) or if you make a change to the flue gas handling system and that replacement, modification, or change affects information reported in the monitoring plan (e.g., a change to a serial number for a component of a monitoring system), you shall update the monitoring plan.


7.1.1.2 Contents of the Monitoring Plan. For the PM CEMS, your monitoring plan shall contain the applicable information in sections 7.1.1.2.1 and 7.1.1.2.2 of this appendix. For required stack gas flow rate, diluent gas, and moisture monitoring systems, your monitoring plan shall include the applicable information required for those systems under 40 CFR 75.53 (g) and (h) of this chapter.


7.1.1.2.1 Electronic. Your electronic monitoring plan records must include the following information: Unit or stack ID number(s); unit information (type of unit, maximum rated heat input, fuel type(s), emission controls); monitoring location(s); the monitoring methodologies used; monitoring system information, including (as applicable): Unique system and component ID numbers; the make, model, and serial number of the monitoring equipment; the sample acquisition method; formulas used to calculate emissions; operating range and load information; monitor span and range information; units of measure of your PM concentrations (see section 3.2.2); and appropriate default values. Your electronic monitoring plan shall be evaluated and submitted using the ECMPS Client Tool provided by the Clean Air Markets Division (CAMD) in EPA’s Office of Atmospheric Programs.


7.1.1.2.2 Hard Copy. You must keep records of the following items: Schematics and/or blueprints showing the location of the PM monitoring system(s) and test ports; data flow diagrams; test protocols; and miscellaneous technical justifications. The hard copy portion of the monitoring plan must also explain how the PM concentrations are measured and how they are converted to the units of the applicable emissions limit. The equation(s) used for the conversions must be documented. Electronic storage of the hard copy portion of the monitoring plan is permitted.


7.1.2 Operating Parameter Records. You must record the following information for each operating hour of each EGU and also for each group of EGUs utilizing a monitored common stack, to the extent that these data are needed to convert PM concentration data to the units of the emission standard. For non-operating hours, you must record only the items in sections 7.1.2.1 and 7.1.2.2 of this appendix. If you elect to or are required to comply with a gross output-based PM standard, for any hour in which there is gross output greater than zero, you must record the items in sections 7.1.2.1 through 7.1.2.3 and (if applicable) 7.1.2.5 of this appendix; however, if there is heat input to the unit(s) but no gross output (e.g., at unit startup), you must record the items in sections 7.1.2.1, 7.1.2.2, and, if applicable, section 7.1.2.5 of this appendix. If you elect to comply with a heat input-based PM standard, you must record only the items in sections 7.1.2.1, 7.1.2.2, 7.1.2.4, and, if applicable, section 7.1.2.5 of this appendix.


7.1.2.1 The date and hour;


7.1.2.2 The unit or stack operating time (rounded up to the nearest fraction of an hour (in equal increments that can range from 1 hundredth to 1 quarter of an hour, at your option);


7.1.2.3 The hourly gross output (rounded to nearest MWe);


7.1.2.4 If applicable, the Fc factor or dry-basis F-factor used to calculate the heat input-based PM emission rate; and


7.1.2.5 If applicable, a flag to indicate that the hour is an exempt startup or shutdown hour.


7.1.3 PM Concentration Records. For each affected unit or common stack using a PM CEMS, you must record the following information for each unit or stack operating hour:


7.1.3.1 The date and hour;


7.1.3.2 Monitoring system and component identification codes for the PM CEMS, as provided in the electronic monitoring plan, if your CEMS provides a quality-assured value of PM concentration for the hour;


7.1.3.3 The hourly PM concentration, in units of measure that correspond to your PM CEMS correlation curve, for each operating hour in which a quality-assured value is obtained. Record all PM concentrations with one leading non-zero digit and one decimal place, expressed in scientific notation. Use the following rounding convention: If the digit immediately following the first decimal place is 5 or greater, round the first decimal place upward (increase it by one); if the digit immediately following the first decimal place is 4 or less, leave the first decimal place unchanged.


7.1.3.4 A special code, indicating whether or not a quality-assured PM concentration is obtained for the hour; and


7.1.3.5 Monitor data availability for PM concentration, as a percentage of unit or stack operating hours calculated in the manner established for SO2, CO2, O2 or moisture monitoring systems according to 40 CFR 75.32 of this chapter.


7.1.4 Stack Gas Volumetric Flow Rate Records.


7.1.4.1 When a gross output-based PM emissions limit must be met, in units of lb/MWh, you must obtain hourly measurements of stack gas volumetric flow rate during EGU operation, in order to convert PM concentrations to units of the standard.


7.1.4.2 When hourly measurements of stack gas flow rate are needed, you must keep hourly records of the flow rates and related information, as specified in 40 CFR 75.57(c)(2) of this chapter.


7.1.5 Records of Diluent Gas (CO2 or O2) Concentration.


7.1.5.1 When a heat input-based PM emission limit must be met, in units of lb/MMBtu, you must obtain hourly measurements of CO2 or O2 concentration during EGU operation, in order to convert PM concentrations to units of the standard.


7.1.5.2 When hourly measurements of diluent gas concentration are needed, you must keep hourly CO2 or O2 concentration records, as specified in 40 CFR 75.57(g) of this chapter.


7.1.6 Records of Stack Gas Moisture Content.


7.1.6.1 When corrections for stack gas moisture content are needed to demonstrate compliance with the applicable PM emissions limit:


7.1.6.1.1 If you use a continuous moisture monitoring system, you must keep hourly records of the stack gas moisture content and related information, as specified in 40 CFR 75.57(c)(3) of this chapter.


7.1.6.1.2 If you use a fuel-specific default moisture value, you must represent it in the electronic monitoring plan required under section 7.1.1.2.1 of this appendix.


7.1.7 PM Emission Rate Records. For applicable PM emission limits in units of lb/MMBtu or lb/MWh, you must record the following information for each affected EGU or common stack:


7.1.7.1 The date and hour;


7.1.7.2 The hourly PM emissions rate (lb/MMBtu or lb/MWh, as applicable), calculated according to section 6.2.2 or 6.2.3 of this appendix, rounded to the same precision as the standard (i.e., with one leading non-zero digit and one decimal place, expressed in scientific notation), expressed in scientific notation. Use the following rounding convention: If the digit immediately following the first decimal place is 5 or greater, round the first decimal place upward (increase it by one); if the digit immediately following the first decimal place is 4 or less, leave the first decimal place unchanged. You must calculate the PM emission rate only when valid values of PM concentration and all other required parameters required to convert PM concentration to the units of the standard are obtained for the hour;


7.1.7.3 An identification code for the formula used to derive the hourly PM emission rate from measurements of the PM concentration and other necessary parameters (i.e., Equation C-3 or C-4 in section 6.2.3 of this appendix or the applicable EPA test Method 19 equation);


7.1.7.4 If applicable, indicate that the diluent cap has been used to calculate the PM emission rate; and


7.1.7.5 If applicable, indicate that the default electrical load (as defined in 40 CFR 63.10042) has been used to calculate the hourly PM emission rate.


7.1.7.6 Indicate that the PM emission rate was not calculated for the hour, if valid data are not obtained for PM concentration and/or any of the other parameters in the PM emission rate equation. For the purposes of this appendix, substitute data values for stack gas flow rate, CO2 concentration, O2 concentration, and moisture content reported under part 75 of this chapter are not considered to be valid data. However, when the gross output (as defined in 40 CFR 63.10042) is reported for an operating hour with zero output, the default electrical load value is treated as quality-assured data.


7.1.8 Other Parametric Data. If your PM CEMS measures PM concentrations at actual conditions, you must keep records of the temperatures and pressures used in Equation C-1 or C-2 to convert the measured hourly PM concentrations to standard conditions.


7.1.9 Certification, Recertification, and Quality Assurance Test Records. For any PM CEMS used to provide data under this subpart, you must record the following certification, recertification, and quality assurance information:


7.1.9.1 The test dates and times, reference values, monitor responses, monitor full scale value, and calculated results for the required 7-day drift tests and for the required daily zero and upscale calibration drift tests;


7.1.9.2 The test dates and times and results (pass or fail) of all daily system optics checks and daily sample volume checks of the PM CEMS (as applicable);


7.1.9.3 The test dates and times, reference values, monitor responses, and calculated results for all required quarterly ACAs;


7.1.9.4 The test dates and times, reference values, monitor responses, and calculated results for all required quarterly SVAs of extractive PM CEMS;


7.1.9.5 The test dates and times, reference method readings and corresponding PM CEMS responses (including the units of measure), and the calculated results for all PM CEMS correlation tests, RRAs and RCAs. For the correlation tests, you must indicate which model is used (i.e., linear, logarithmic, exponential, polynomial, or power) and record the correlation equation. For the RRAs and RCAs, the reference method readings and PM CEMS responses must be reported in the same units of measure as the PM CEMS correlation;


7.1.9.6 The cycle time and sample delay time for PM CEMS that operate in batch sampling mode; and


7.1.9.7 Supporting information for all required PM CEMS correlation tests, RRAs, and RCAs, including records of all raw reference method and monitoring system data, the results of sample analyses to substantiate the reported test results, as well as records of sampling equipment calibrations, reference monitor calibrations, and analytical equipment calibrations.


7.1.10 For stack gas flow rate, diluent gas, and moisture monitoring systems, you must keep records of all certification, recertification, diagnostic, and on-going quality-assurance tests of these systems, as specified in 40 CFR 75.59(a) of this chapter.


7.1.11 For each temperature measurement device (e.g., resistance temperature detector or thermocouple) and pressure measurement device used to convert measured PM concentrations to standard conditions according to Equation C-1 or C-2, you must keep records of all calibrations and other checks performed to ensure that accurate data are obtained.


7.2 Reporting Requirements.


7.2.1 General Reporting Provisions. You must comply with the following requirements for reporting PM emissions from each affected EGU (or group of EGUs monitored at a common stack) under this subpart:


7.2.1.1 Notifications, in accordance with section 7.2.2 of this appendix;


7.2.1.2 Monitoring plan reporting, in accordance with section 7.2.3 of this appendix;


7.2.1.3 Certification, recertification, and quality assurance test submittals, in accordance with section 7.2.4 of this appendix; and


7.2.1.4 Electronic quarterly emissions report submittals, in accordance with section 7.2.5 of this appendix.


7.2.2 Notifications. You must provide notifications for each affected unit (or group of units monitored at a common stack) under this subpart in accordance with 40 CFR 63.10030.


7.2.3 Monitoring Plan Reporting. For each affected unit (or group of units monitored at a common stack) under this subpart using PM CEMS to measure PM emissions, you must make electronic and hard copy monitoring plan submittals as follows:


7.2.3.1 For an EGU that begins reporting hourly PM concentrations on January 1, 2024, with a previously certified PM CEMS, submit the monitoring plan information in section 7.1.1.2 of this appendix prior to or concurrent with the first required quarterly emissions report. For a new EGU, or for an EGU switching to continuous monitoring of PM emissions after having implemented another allowable compliance option under this subpart, submit the information in section 7.1.1.2 of this appendix at least 21 days prior to the start of initial certification testing of the PM CEMS. Also submit the monitoring plan information in 40 CFR 75.53(g) pertaining to any required flow rate, diluent gas, and moisture monitoring systems within the applicable time frame specified in this section, if the required records are not already in place.


7.2.3.2 Whenever an update of the monitoring plan is required, as provided in section 7.1.1.1 of this appendix, you must submit the updated information either prior to or concurrent with the relevant quarterly electronic emissions report.


7.2.3.3 All electronic monitoring plan submittals and updates shall be made to the Administrator using the ECMPS Client Tool. Hard copy portions of the monitoring plan shall be submitted to the appropriate delegated authority.


7.2.4 Certification, Recertification, and Quality-Assurance Test Reporting. Except for daily quality assurance tests of the required monitoring systems (i.e., calibration error or drift tests, sample volume checks, system optics checks, and flow monitor interference checks), you must submit the results of all required certification, recertification, and quality-assurance tests described in sections 7.1.9.1 through 7.1.9.6 and 7.1.10 of this appendix electronically (except for test results previously submitted, e.g., under the Acid Rain Program), using the ECMPS Client Tool. Submit the results of the quality assurance test (i.e., RCA or RRA) or, if applicable, a new PM CEMS correlation test, either prior to or concurrent with the relevant quarterly electronic emissions report. If this is not possible, you have up to 60 days after the test completion date to submit the test results; in this case, you may claim provisional status for the emissions data affected by the quality assurance test or correlation, starting from the date and hour in which the test was completed and continuing until the date and hour in which the test results are submitted. For an RRA or RCA, if the applicable audit specifications are met, the status of the emissions data in the relevant time period changes from provisional to quality-assured, and no further action is required. For a successful correlation test, apply the correlation equation retrospectively to the raw data to change the provisional status of the data to quality-assured, and resubmit the affected emissions report(s). However, if the applicable performance specifications are not met, the provisional data must be invalidated, and resubmission of the affected quarterly emission report(s) is required. For a failed RRA or RCA, you must take corrective actions and proceed according to the applicable requirements found in sections 10.5 through 10.7 of Procedure 2 until a successful quality assurance test report is submitted. If a correlation test is unsuccessful, you may not report quality-assured data from the PM CEMS until the results of a subsequent correlation test show that the specifications in section 13.0 of PS 11 are met.


7.2.5 Quarterly Reports.


7.2.5.1 For each affected EGU (or group of EGUs monitored at a common stack), the owner or operator must use the ECMPS Client Tool to submit electronic quarterly emissions reports to the Administrator, in an XML format specified by the Administrator, starting with a report for the later of:


7.2.5.1.1 The first calendar quarter of 2024; or


7.2.5.1.2 The calendar quarter in which the initial PM CEMS correlation test is completed.


7.2.5.2 You must submit the electronic reports within 30 days following the end of each calendar quarter, except for EGUs that have been placed in long-term cold storage (as defined in section 72.2 of this chapter).


7.2.5.3 Each of your electronic quarterly reports shall include the following information:


7.2.5.3.1 The date of report generation;


7.2.5.3.2 Facility identification information;


7.2.5.3.3 The information in sections 7.1.2 through 7.1.7 of this appendix that is applicable to your PM emission measurement methodology; and


7.2.5.3.4 The results of all daily quality assurance assessments, i.e., calibration drift checks and (if applicable) sample volume checks of the PM CEMS, calibration error tests of the other continuous monitoring systems that are used to convert PM concentration to units of the standard, and (if applicable) flow monitor interference checks.


7.2.5.4 Compliance Certification. Based on a reasonable inquiry of those persons with primary responsibility for ensuring that all PM emissions from the affected unit(s) under this subpart have been correctly and fully monitored, the owner or operator must submit a compliance certification in support of each electronic quarterly emissions monitoring report. The compliance certification shall include a statement by a responsible official with that official’s name, title, and signature, certifying that, to the best of his or her knowledge, the report is true, accurate, and complete.


[85 FR 55769, Sept. 9, 2020]


Appendix D to Subpart UUUUU of Part 63 – PM CPMS Monitoring Provisions

1. General Provisions

1.1 Applicability. These monitoring provisions apply to the continuous monitoring of the output from a PM CPMS, for the purpose of assessing continuous compliance with an applicable emissions limit in Table 1 or Table 2 to this subpart.


1.2 Summary of the Method. The output from an instrument capable of continuously measuring PM concentration is continuously recorded, either in milliamps, PM concentration, or other units of measure. An operating limit for the PM CPMS is established initially, based on data recorded by the monitoring system during a performance stack test. The performance test is repeated annually, and the operating limit is reassessed. In-between successive performance tests, the output from the PM CPMS serves as an indicator of continuous compliance with the applicable emissions limit.


2. Continuous Monitoring of the PM CPMS Output

2.1 System Design and Performance Criteria. The PM CPMS must meet the design and performance criteria specified in 40 CFR 63.10010(h)(1)(i) through (iii) and 40 CFR 63.10023(b)(2)(iii) and (iv). In addition, an automated DAHS is required to record the output from the PM CPMS and to generate the quarterly electronic data reports required under section 3.2.4 of this appendix.


2.2 Installation Requirements. Install the PM CPMS at an appropriate location in the stack or duct, in accordance with 40 CFR 63.10010(a).


2.3 Determination of Operating Limits.


2.3.1 In accordance with 40 CFR 63.10007(a)(3), 40 CFR 63.10011(b), 40 CFR 63.10023(a), and Table 6 to this subpart, you must determine an initial site-specific operating limit for your PM CPMS, using data recorded by the monitoring system during a performance stack test that demonstrates compliance with one of the following emissions limits in Table 1 or Table 2 to this subpart: Filterable PM; total non-Hg HAP metals; total HAP metals including Hg (liquid oil-fired units, only); individual non-Hg HAP metals; or individual HAP metals including Hg (liquid oil-fired units, only).


2.3.2 In accordance with 40 CFR 63.10005(d)(2)(i), you must perform the initial stack test no later than the applicable date in 40 CFR 63.9984(f), and according to 40 CFR 63.10005(d)(2)(iii) and 63.10006(a), the performance test must be repeated annually to document compliance with the emissions limit and to reassess the operating limit.


2.3.3 Calculate the operating limits according to 40 CFR 63.10023(b)(1) for existing units, and 40 CFR 63.10023(b)(2) for new units.


2.4 Data Reduction and Compliance Assessment.


2.4.1 Reduce the output from the PM CPMS to hourly averages, in accordance with 40 CFR 63.8(g)(2) and (5).


2.4.2 To determine continuous compliance with the operating limit, you must calculate 30-boiler operating day rolling average values of the output from the PM CPMS, in accordance with 40 CFR 63.10010(h)(3) through (6), 40 CFR 63.10021(c), and Table 7 to this subpart.


2.4.3 In accordance with 40 CFR 63.10005(d)(2)(ii), 40 CFR 63.10022(a)(2), and Table 4 to this subpart, the 30-boiler operating day rolling average PM CPMS output must be maintained at or below the operating limit. However, if exceedances of the operating limit should occur, you must follow the applicable procedures in 40 CFR 63.10021(c)(1) and (2).


3. RECORDKEEPING AND REPORTING.

3.1 Recordkeeping Provisions. You must keep the applicable records required under 40 CFR 63.10032(b) and (c) for your PM CPMS. In addition, you must maintain a file of all measurements, data, reports, and other information required by this appendix in a form suitable for inspection, for 5 years from the date of each record, in accordance with 40 CFR 63.10033.


3.1.1 Monitoring Plan Records.


3.1.1.1 You must develop and maintain a site-specific monitoring plan for your PM CPMS, in accordance with 63.10000(d).


3.1.1.2 In addition to the site-specific monitoring plan required under 40 CFR 63.10000(d), you must use the ECMPS Client Tool to prepare and maintain an electronic monitoring plan for your PM CPMS.


3.1.1.2.1 Contents of the Electronic Monitoring Plan. The electronic monitoring plan records must include the unit or stack ID number(s), monitoring location(s), the monitoring methodology used (i.e., PM CPMS), the current operating limit of the PM CPMS (including the units of measure), unique system and component ID numbers, the make, model, and serial number of the PM CPMS, the analytical principle of the monitoring system, and monitor span and range information.


3.1.1.2.2 Electronic Monitoring Plan Updates. If you replace or make a change to a PM CPMS that is used to provide data under this subpart (including a change in the automated DAHS) and the replacement or change affects information reported in the electronic monitoring plan (e.g., changes to the make, model and serial number when a PM CPMS is replaced), you must update the monitoring plan.


3.1.2 Operating Parameter Records. You must record the following information for each operating hour of each affected unit and for each group of units utilizing a common stack. For non-operating hours, record only the items in sections 3.1.2.1 and 3.1.2.2 of this appendix.


3.1.2.1 The date and hour;


3.1.2.2 The unit or stack operating time (rounded up to the nearest fraction of an hour (in equal increments that can range from 1 hundredth to 1 quarter of an hour, at the option of the owner or operator); and


3.1.2.3 If applicable, a flag to indicate that the hour is an exempt startup or shutdown hour.


3.1.3 PM CPMS Output Records. For each affected unit or common stack using a PM CPMS, you must record the following information for each unit or stack operating hour:


3.1.3.1 The date and hour;


3.1.3.2 Monitoring system and component identification codes for the PM CPMS, as provided in the electronic monitoring plan, for each operating hour in which the monitoring system is not out-of-control and a valid value of the output parameter is obtained;


3.1.3.3 The hourly average output from the PM CPMS, for each operating hour in which the monitoring system is not out-of-control and a valid value of the output parameter is obtained, either in milliamps, PM concentration, or other units of measure, as applicable;


3.1.3.4 A special code for each operating hour in which the PM CPMS is out-of-control and a valid value of the output parameter is not obtained; and


3.1.3.5 Percent monitor data availability for the PM CPMS, calculated in the manner established for SO2, CO2, O2 or moisture monitoring systems according to section 75.32 of this chapter.


3.1.4 Records of PM CPMS Audits and Out-of-Control Periods. In accordance with 40 CFR 63.10010(h)(7), you must record, and make available upon request, the results of PM CPMS performance audits, as well as the dates of PM CPMS out-of-control periods and the corrective actions taken to return the system to normal operation.


3.2 Reporting Requirements.


3.2.1 General Reporting Provisions. You must comply with the following requirements for reporting PM CPMS data from each affected EGU (or group of EGUs monitored at a common stack) under this subpart:


3.2.1.1 Notifications, in accordance with section 3.2.2 of this appendix;


3.2.1.2 Monitoring plan reporting, in accordance with section 3.2.3 of this appendix;


3.2.1.3 Report submittals, in accordance with sections 3.2.4 and 3.2.5 of this appendix.


3.2.2 Notifications. You must provide notifications for the affected unit (or group of units monitored at a common stack) in accordance with 40 CFR 63.10030.


3.2.3 Monitoring Plan Reporting. For each affected unit (or group of units monitored at a common stack) under this subpart using a PM CPMS you must make monitoring plan submittals as follows:


3.2.3.1 For units using the PM CPMS compliance option prior to January 1, 2024, submit the electronic monitoring plan information in section 3.1.1.2.1 of this appendix prior to or concurrent with the first required electronic quarterly report. For units switching to the PM CPMS methodology on or after January 1, 2024, submit the electronic monitoring plan no later than 21 days prior to the date on which the PM test is performed to establish the initial operating limit.


3.2.3.2 Whenever an update of the electronic monitoring plan is required, as provided in section 3.1.1.2.2 of this appendix, the updated information must be submitted either prior to or concurrent with the relevant quarterly electronic emissions report.


3.2.3.3 All electronic monitoring plan submittals and updates shall be made to the Administrator using the ECMPS Client Tool.


3.2.3.4 In accordance with 40 CFR 63.10000(d), you must submit the site-specific monitoring plan described in section 3.1.1.1 of this appendix to the Administrator, if requested.


3.2.4 Electronic Quarterly Reports.


3.2.4.1 For each affected EGU (or group of EGUs monitored at a common stack) that is subject to the provisions of this appendix, reporting of hourly responses from the PM CPMS will begin either with the first operating hour in the third quarter of 2023 or the first operating hour after completion of the initial stack test that establishes the operating limit, whichever is later. The owner or operator must then use the ECMPS Client Tool to submit electronic quarterly reports to the Administrator, in an XML format specified by the Administrator, starting with a report for the later of:


3.2.4.1.1 The first calendar quarter of 2024; or


3.2.4.1.2 The calendar quarter in which the initial operating limit for the PM CPMS is established.


3.2.4.2 The electronic quarterly reports must be submitted within 30 days following the end of each calendar quarter, except for units that have been placed in long-term cold storage (as defined in section 72.2 of this chapter).


3.2.4.3 Each electronic quarterly report shall include the following information:


3.2.4.3.1 The date of report generation;


3.2.4.3.2 Facility identification information; and


3.2.4.3.3 The information in sections 3.1.2 and 3.1.3 of this appendix.


3.2.4.4 Compliance Certification. Based on a reasonable inquiry of those persons with primary responsibility for ensuring that the output from the PM CPMS has been correctly and fully monitored, the owner or operator shall submit a compliance certification in support of each electronic quarterly report. The compliance certification shall include a statement by a responsible official with that official’s name, title, and signature, certifying that, to the best of his or her knowledge, the report is true, accurate, and complete.


3.2.5 Performance Stack Test Results. You must use the ECMPS Client Tool to report the results of all performance stack tests conducted to document compliance with the applicable emissions limit in Table 1 or Table 2 to this subpart, as follows:


3.2.5.1 Report a summary of each test electronically, in XML format, in the relevant quarterly compliance report under 40 CFR 63.10031(g); and


3.2.5.2 Provide a complete stack test report as a PDF file, in accordance with 40 CFR 63.10031(f) or (h), as applicable.


[85 FR 55774, Sept. 9, 2020]


Appendix E to Subpart UUUUU of Part 63 – Data Elements

1.0 You must record the electronic data elements in this appendix that apply to your compliance strategy under this subpart. The applicable data elements in sections 2 through 13 of this appendix must be reported in the quarterly compliance reports required under 40 CFR 63.10031(g), in an XML format prescribed by the Administrator, starting with a report that covers the first quarter of 2024. For stack tests used to demonstrate compliance, RATAs, PM CEMS correlations, RRAs and RCAs that are completed on and after January 1, 2024, the applicable data elements in sections 17 through 30 of this appendix must be reported in an XML format prescribed by the Administrator, and the information in section 31 of this appendix must be reported in as one or more PDF files.


2.0 MATS Compliance Report Root Data Elements. You must record the following data elements and include them in each quarterly compliance report:


2.1 Energy Information Administration’s Office of Regulatory Information Systems (ORIS) Code;


2.2 Facility Name;


2.3 Facility Registry Identifier;


2.4 Title 40 Part;


2.5 Applicable Subpart;


2.6 Calendar Year;


2.7 Calendar Quarter; and


2.8 Submission Comment (optional)


3.0 Performance Stack Test Summary. If you elect to demonstrate compliance using periodic performance stack testing (including 30-boiler operating day Hg LEE tests), record the following data elements for each test:


3.1 Parameter


3.2 Test Location ID;


3.3 Test Number;


3.4 Test Begin Date, Hour, and Minute;


3.5 Test End Date, Hour, and Minute;


3.6 Timing of Test (either performed on-schedule according to 40 CFR 63.10006(f), or was late);


3.7 Averaging Plan Indicator;


3.8 Averaging Group ID (if applicable);


3.9 EPA Test Method Code;


3.10 Emission Limit, Including Units of Measure;


3.11 Average Pollutant Emission Rate;


3.12 LEE Indicator;


3.13 LEE Basis (if applicable); and


3.14 Submission Comment (optional)


4.0 Operating limit Data (PM CPMS, only):


4.1 Parameter Type;


4.2 Operating Limit; and


4.3 Units of Measure.


5.0 Performance Test Run Data. For each run of the performance stack test, record the following data elements:


5.1 Run Number


5.2 Run Begin Date, Hour, and Minute;


5.3 Run End Date, Hour, and Minute;


5.4 Pollutant Concentration and Units of Measure;


5.5 Emission Rate;


5.6 EPA Test Method 19 Equation (if applicable);


5.7 Total Sampling Time; and


5.8 Total Sample Volume.


6.0 Conversion Parameters. For the parameters that are used to convert the pollutant concentration to units of the emission standard (including, as applicable, CO2 or O2 concentration, stack gas flow rate, stack gas moisture content, F-factors, and gross output), record:


6.1 Parameter Type;


6.2 Parameter Source; and


6.3 Parameter Value, Including Units of Measure.


7.0 Quality Assurance Parameters: For key parameters that are used to quality-assure the reference method data (including, as applicable, filter temperature, percent isokinetic, leak check results, percent breakthrough, percent spike recovery, and relative deviation), record:


7.1 Parameter Type;


7.2 Parameter Value; and


7.3 Pass/Fail Status.


8.0 Averaging Group Configuration. If a particular EGU or common stack is included in an averaging plan, record the following data elements:


8.1 Parameter Being Averaged;


8.2 Averaging Group ID; and


8.3 Unit or Common Stack ID.


9.0 Compliance Averages. If you elect to (or are required to) demonstrate compliance using continuous monitoring system(s) on a 30-boiler operating day rolling average basis (or on a 30- or 90-group boiler operating day rolling WAER basis, if your monitored EGU or common stack is in an averaging plan), you must record the following data elements for each average emission rate (or, for units in an averaging plan, for each WAER):


9.1 Unit or Common Stack ID;


9.2 Averaging Group ID (if applicable);


9.3 Parameter Being Averaged;


9.4 Date;


9.5 Average Type;


9.6 Units of Measure; and


9.7 Average Value.


9.8 Comment Field.


10.0 Unit Information. You must record the following data elements for each EGU:


10.1 Unit ID;


10.2 Date of Last Tune-up; and


10.3 Emergency Bypass Information. If your coal-fired EGU, solid oil-derived fuel-fired EGU, or IGCC is equipped with a main stack and a bypass stack (or bypass duct) configuration, and has qualified to use the LEE compliance option, you must report the following emergency bypass information annually, in the compliance report for the fourth calendar quarter of the year:


10.3.1 The number of emergency bypass hours for the year, as a percentage of the EGU’s annual operating hours;


10.3.2 A description of each emergency bypass event during the year, including the cause and corrective actions taken;


10.3.3 An explanation of how clean fuels were burned to the maximum extent possible during each emergency bypass event;


10.3.4 An estimate of the emissions released during each emergency bypass event. You must also show whether LEE status has been retained or lost, based on the emissions estimate and the results of the previous LEE retest; and


10.3.5 If there were no emergency bypass events during the year, a statement to that effect.


11.0 Fuel Usage Information. If subject to an emissions limit, record the following monthly fuel usage information:


11.1 Calendar Month;


11.2 Each Type of Fuel Used During the Calendar Month in the Quarter;


11.3 Quantity of Each Type of Fuel Combusted in Each Calendar Month in the Quarter, with Units of Measure;


11.4 New Fuel Type Indicator (if applicable); and


11.5 Date of Performance Test Using the New Fuel (if applicable.


12.0 Malfunction Information (if applicable): If there was a malfunction of the process equipment or control equipment during the reporting period that caused (or may have caused) an exceedance of an emissions or operating limit, record:


12.1 Event Begin Date and Hour (if known);


12.2 Event End Date and Hour;


12.3 Malfunction Description; and


12.4 Corrective Action.


13.0 Deviations and Monitoring Downtime. If there were any deviations or monitoring downtime during the reporting period, record:


13.1 Unit, Common Stack, or Averaging Group ID;


13.2 The nature of the deviation, as either:


13.2.1 Emission limit exceeded;


13.2.2 Operating limit exceeded;


13.2.3 Work practice standard not met;


13.2.4 Testing requirement not met;


13.2.5 Monitoring requirement not met;


13.2.6 Monitoring downtime incurred; or


13.2.7 Other requirement not met.


13.3 A description of the deviation, or monitoring downtime, as follows:


13.3.1 For a performance stack test or a 30- (or 90-) boiler operating day rolling average that exceeds an emissions or operating limit, record the parameter (e.g., HCl, Hg, PM), the limit that was exceeded, and either the date of the non-complying performance test or the beginning and ending dates of the non-complying rolling average;


13.3.2 If an unmonitored bypass stack was used during the reporting period, record the total number of hours of bypass stack usage;


13.3.3 For periods where valid monitoring data are not reported during the reporting period, record the monitored parameter, the total source operating time (hours), and the total number of hours of monitoring deviation or downtime and other information, as indicated, for:


13.3.3.1 Monitoring system malfunctions/repairs (deviation and downtime);


13.3.3.2 Out-of-control periods/repairs (deviation and downtime);


13.3.3.3 Non-monitoring equipment malfunctions (downtime);


13.3.3.4 QA/QC activities (excluding zero and span checks) (downtime);


13.3.3.5 Routine maintenance (downtime);


13.3.3.6 Other known causes (downtime); and


13.3.3.7 Unknown causes (downtime).


13.3.4 If a performance stack test was due within the quarter but was not done, record the parameter (e.g., HCl, PM), the test deadline, and a statement that the test was not done as required;


13.3.5 For a late performance stack test conducted during the quarter, record the parameter, the test deadline, and the number of days that elapsed between the test deadline and the test completion date.


13.4 Record any corrective actions taken in response to the deviation.


13.5 If there were no deviations and/or no monitoring downtime during the quarter, record a statement to that effect.


14.0 Reference Method Data Elements. For each of the following tests that is completed on and after January 1, 2024, you must record and report the applicable electronic data elements in sections 17 through 29 of this appendix, pertaining to the reference method(s) used for the test (see section 16 of this appendix).


14.1 Each quarterly, annual, or triennial stack test used to demonstrate compliance (including 30- (or 90-) boiler operating day Hg LEE tests and PM tests used to set operating limits for PM CPMS);


14.2 Each RATA of your Hg, HCl, HF, or SO2 CEMS or each RATA of your Hg sorbent trap monitoring system; and


14.3 Each correlation test, RRA and each RCA of your PM CEMS.


15.0 You must report the applicable data elements for each test described in section 14 of this appendix in an XML format prescribed by the Administrator.


15.1 For each stack test completed during a particular calendar quarter and contained in the quarterly compliance report, you must submit along with the quarterly compliance report, the data elements in sections 17 and 18 of this appendix (which are common to all tests) and the applicable data elements in sections 19 through 31 of this appendix associated with the reference method(s) used.


15.2 For each RATA, PM CEMS correlation, RRA, or RCA, when you use the ECMPS Client Tool to report the test results as required under appendix A, B, or C to this subpart or, for SO2 RATAs under part 75 of this chapter, you must submit along with the test results, the data elements in sections 17 and 18 of this appendix and, for each test run, the data elements in sections 19 through 30 of this appendix that are associated with the reference method(s) used.


15.3 For each stack test, RATA, PM CEMS correlation, RRA, and RCA, you must also provide the information described in section 31 of this appendix as a PDF file, either along with the quarterly compliance report (for stack tests) or together with the test results reported under appendix A, B, or C to this subpart or part 75 of this chapter (for RATAs, RRAs, RCAs, or PM CEMS correlations).


16.0 Applicable Reference Methods. One or more of the following EPA reference methods is needed for the tests described in sections 14.1 through 14.3 of this appendix: Method 1, 2, 3A, 4, 5, 5D, 6C, 26, 26A, 29, and/or 30B.


16.1 Application of EPA test Methods 1 and 2. If you use periodic stack testing to comply with an output-based emissions limit, you must determine the stack gas flow rate during each performance test run in which EPA test Method 5, 5D, 26, 26A, 29, or 30B is used, in order to convert the measured pollutant concentration to units of the standard. For EPA test Methods 5, 5D, 26A and 29, which require isokinetic sampling, the delta-P readings made with the pitot tube and manometer at the EPA test Method 1 traverse points, taken together with measurements of stack gas temperature, pressure, diluent gas concentration (from a separate EPA test Method 3A or 3B test) and moisture, provide the necessary data for the EPA test Method 2 flow rate calculations. Note that even if you elect to comply with a heat input-based standard, when EPA test Method 5, 5D, 26A, or 29 is used, you must still use EPA test Method 2 to determine the average stack gas velocity (vs), which is needed for the percent isokinetic calculation. The EPA test Methods 26 and 30B do not require isokinetic sampling; therefore, when either of these methods is used, if the stack gas flow rate is needed to comply with the applicable output-based emissions limit, you must make a separate EPA test Method 2 determination during each test run.


16.2 Application of EPA test Method 3A. If you elect to perform periodic stack testing to comply with a heat input-based emissions limit, a separate measurement of the diluent gas (CO2 or O2) concentration is required for each test run in which EPA test Method 5, 5D, 26, 26A, 29, or 30B is used, in order to convert the measured pollutant concentration to units of the standard. The EPA test Method 3A is the preferred CO2 or O2 test method, although EPA test Method 3B may be used instead. Diluent gas measurements are also needed for stack gas molecular weight determinations when using EPA test Method 2.


16.3 Application of EPA test Method 4. For performance stack tests, depending on which equation is used to convert pollutant concentration to units of the standard, measurement of the stack gas moisture content, using EPA test Method 4, may also be required for each test run. The EPA test Method 4 moisture data are also needed for the EPA test Method 2 calculations (to determine the molecular weight of the gas) and for the RATA of an Hg CEMS that measures on a wet basis, when EPA test Method 30B is used. Other applications that require EPA test Method 4 moisture determinations include: RATAs of an SO2 monitor, when the reference method and CEMS data are measured on a different moisture basis (wet or dry); conversion of wet-basis pollutant concentrations to the units of a heat input-based emissions limit when certain EPA test Method 19 equations are used (e.g., Eq. 19-3, 19-4, or 19-8); and stack gas molecular weight determinations. When EPA test Method 5, 5D, 26A, or 29 is used for the performance test, the EPA test Method 4 moisture determination may be made by using the water collected in the impingers together with data from the dry gas meter; alternatively, a separate EPA test Method 4 determination may be made. However, when EPA test Method 26 or 30B is used, EPA test Method 4 must be performed separately.


16.4 Applications of EPA test Methods 5 and 5D. The EPA test Method 5 (or, if applicable 5D) must be used for the following applications: To demonstrate compliance with a filterable PM emissions limit; for PM tests used to set operating limits for PM CPMS; and for the initial correlations, RRAs and RCAs of a PM CEMS.


16.5 Applications of EPA test Method 6C. If you elect to monitor SO2 emissions from your coal-fired EGU as a surrogate for HCl, the SO2 CEMS must be installed, certified, operated, and maintained according to 40 CFR part 75. Part 75 allows the use of EPA test Methods 6, 6A, 6B, and 6C for the required RATAs of the SO2 monitor. However, in practice, only instrumental EPA test Method 6C is used.


16.6 Applications of EPA test Methods 26 and 26A. The EPA test Method 26A may be used for quarterly HCl or HF stack testing, or for the RATA of an HCl or HF CEMS. The EPA test Method 26 may be used for quarterly HCl or HF stack testing; however, for the RATAs of an HCl monitor that is following PS 18 and Procedure 6 in appendices B and F to part 60 of this chapter, EPA test Method 26 may only be used if approved upon request.


16.7 Applications of EPA test Method 29. The EPA test Method 29 may be used for periodic performance stack tests to determine compliance with individual or total HAP metals emissions limits. For coal-fired EGUs, the total HAP emissions limits exclude Hg.


16.8 Applications of EPA test Method 30B. The EPA test Method 30B is used for 30- (or 90-) boiler operating day Hg LEE tests and RATAs of Hg CEMS and sorbent trap monitoring systems, and it may be used for quarterly Hg stack testing (oil-fired EGUs, only).


17.0 Facility and Test Company Information. In accordance with 40 CFR 63.7(e)(3), a test is defined as three or more runs of one or more EPA Reference Method(s) conducted to measure the amount of a specific regulated pollutant, pollutants, or surrogates being emitted from a particular EGU (or group of EGUs that share a common stack), and to satisfy requirements of this subpart. On or after January 1, 2024, you must report the data elements in sections 17 and 18, each time that you complete a required performance stack test, RATA, PM CEMS correlation, RRA, or RCA at the affected EGU(s), using EPA test Method 5, 5B, 5D, 6C, 26, 26A, 29, or 30B. You must also report the applicable data elements in sections 19 through 25 of this appendix for each test. If any separate, corresponding EPA test Method 2, 3A, or 4 test is conducted in order to convert a pollutant concentration to the units of the applicable emission standard given in Table 1 or Table 2 of this subpart or to convert pollutant concentration from wet to dry basis (or vice-versa), you must also report the applicable data elements in sections 26 through 31 of this appendix.


The applicable data elements in sections 17 through 31 of this appendix must be submitted separately, in XML format, along with the quarterly Compliance Report (for stack tests) or along with the electronic test results submitted to the ECMPS Client Tool (for CMS performance evaluations). The Electronic Reporting Tool (ERT) or an equivalent schema can be utilized to create this XML file. Note: Ideally, for all of the tests completed at a given facility in a particular calendar quarter, the applicable data elements in sections 17 through 31 of this appendix should be submitted together in one XML file. However, as shown in Table 8 to this subpart, the timelines for submitting stack test results and CMS performance evaluations are not identical. Therefore, for calendar quarters in which both types of tests are completed, it may not be possible to submit the applicable data elements for all of those tests in a single XML file; separate submittals may be necessary to meet the applicable reporting deadlines.


17.1 Part;


17.2 Subpart;


17.3 ORIS Code;


17.4 Facility Name;


17.5 Facility Address;


17.6 Facility City;


17.7 Facility County;


17.8 Facility State;


17.9 Facility Zip Code;


17.10 Facility Point of Contact;


17.11 Facility Contact Phone Number;


17.12 Facility Contact Email;


17.13 EPA Facility Registration System Number;


17.14 Source Classification Code;


17.15 State Facility ID;


17.16 Project Number;


17.17 Name of Test Company;


17.18 Test Company Address;


17.19 Test Company City;


17.20 Test Company State;


17.21 Test Company Zip Code;


17.22 Test Company Point of Contact;


17.23 Test Company Contact Phone Number;


17.24 Test Company Contact Email; and


17.25 Test Comment (optional, PM CPMS operating limits, if applicable).


18.0 Source Information Data Elements. You must report the following data elements, as applicable, for each source for which at least one test is included in the XML file:


18.1 Source ID (sampling location);


18.2 Stack (duct) Diameter (circular stack) (in.);


18.3 Equivalent Diameter (rectangular duct or stack) (in.);


18.4 Area of Stack;


18.5 Control Device Code; and


18.6 Control Device Description.


19.0 Run-Level and Lab Data Elements for EPA test Methods 5, 5B, 5D, 26A, and 29. You must report the appropriate Source ID (i.e., Data Element 18.1) and the following data elements, as applicable, for each run of each performance stack test, PM CEMS correlation test, RATA, RRA, or RCA conducted using isokinetic EPA test Method 5, 5B, 5D, or 26A. If your EGU is oil-fired and you use EPA test Method 26A to conduct stack tests for both HCl and HF, you must report these data elements separately for each pollutant. When you use EPA test Method 29 to measure the individual HAP metals, total filterable HAP metals and total HAP metals, report only the run-level data elements (19.1, 19.3 through 19.30, and 19.38 through 19.41), and the point-level and lab data elements in sections 20 and 21 of this appendix:


19.1 Test Number;


19.2 Pollutant Name;


19.3 EPA Test Method;


19.4 Run Number;


19.5 Corresponding Reference Method(s), if applicable;


19.6 Corresponding Reference Method(s) Run Number, if applicable;


19.7 Number of Traverse Points;


19.8 Run Begin Date;


19.9 Run Start Time (clock time start);


19.10 Run End Date;


19.11 Run End Time (clock time end);


19.12 Barometric Pressure;


19.13 Static Pressure;


19.14 Cumulative Elapsed Sampling Time;


19.15 Percent O2;


19.16 Percent CO2;


19.17 Pitot Tube ID;


19.18 Pitot Tube Calibration Coefficient;


19.19 Nozzle Calibration Diameter;


19.20 F-Factor (Fd, Fw, or Fc);


19.21 Calibration Coefficient of Dry Gas Meter (Y);


19.22 Total Volume of Liquid Collected in Impingers and Silica Gel;


19.23 Percent Moisture – Actual;


19.24 Dry Molecular Weight of Stack Gas;


19.25 Wet Molecular Weight of Stack Gas;


19.26 Initial Reading of Dry Gas Meter Volume (dcf);


19.27 Final Reading of Dry Gas Meter Volume (dcf);


19.28 Stack Gas Velocity – fps;


19.29 Stack Gas Flow Rate – dscfm;


19.30 Type of Fuel;


19.31 Pollutant Mass Collected (value);


19.32 Pollutant Mass Unit of Measure;


19.33 Detection Limit Flag;


19.34 Pollutant Concentration;


19.35 Pollutant Concentration Unit of Measure;


19.36 Pollutant Emission Rate;


19.37 Pollutant Emission Rate Units of Measure (in units of the standard);


19.38 Compliance Limit Basis (heat input or electrical output);


19.39 Heat Input or Electrical Output Unit of Measure;


19.40 Process Parameter (value);


19.41 Process Parameter Unit of Measure;


19.42 Converted Concentration for PM CEMS only; and


19.43 Converted Concentration Units (units of correlation for PM CEMS).


20.0 Point-Level Data Elements for EPA test Methods 5, 5B, 5D, 26A, & 29. To link the point-level data with the run data in the xml schema, you must report the Source ID (i.e., Data Element 18.1), EPA Test Method (Data Element 19.3), Run Number (Data Element 19.4), and Run Begin Date (Data Element 19.8) with the following point-level data elements for each run of each performance stack test, PM CEMS correlation test, RATA, RRA, or RCA conducted using isokinetic EPA test Method 5, 5B, 5D, 26A, or 29. Note that these data elements are required for all EPA test Method 29 applications, whether the method is being used to measure the total or individual HAP metals concentrations:


20.1 Traverse Point ID;


20.2 Stack Temperature;


20.3 Differential Pressure Reading (ΔP);


20.4 Orifice Pressure Reading (ΔH);


20.5 Dry Gas Meter Inlet Temperature;


20.6 Dry Gas Meter Outlet Temperature; and


20.7 Filter Temperature.


21.0 Laboratory Results for EPA test Methods 29 Total or Individual Multiple HAP Metals. If you use EPA test Method 29 and elect to comply with the total or individual HAP metals standards, you must report run-level data elements 19.1 through 19.34 in Section 19, and the point-level data elements in Section 20. To link the laboratory data with the run data in the xml schema, you must report the Source ID (i.e., Data Element 18.1), EPA Test Method (Data Element 19.3), Run Number (Data Element 19.4), and Run Begin Date (Data Element 19.8) with the results of the laboratory analyses. Regardless of whether you elect to comply with the total HAP metals standard or the individual HAP metals standard, you must report the front half catch, the back half catch, and the sum of the front and back half catches collected with EPA test Method 29 for each individual HAP metal and for the total HAP metals. The list of individual HAP metals is Antimony, Arsenic, Beryllium, Cadmium, Chromium, Cobalt, Lead, Manganese, Nickel, Selenium, and Mercury (if applicable). You must also calculate and report the pollutant emission rates(s) in relation to the standard(s) with which you have elected to comply and the units specified in Table 5 as follows:


21.1 Each Individual HAP metal total mass collected:


21.1.1 Pollutant Name;


21.1.2 Pollutant Mass Collected;


21.1.3 Pollutant Mass Units of Measure; and


21.1.4 Detection Limit Flag.


21.2 Each Individual HAP metal Front Half:


21.2.1 Pollutant Name;


21.2.2 Pollutant Mass Collected;


21.2.3 Pollutant Mass Units of Measure; and


21.2.4 Detection Limit Flag.


21.3 Each Individual HAP metal Back Half:


21.3.1 Pollutant Name;


21.3.2 Pollutant Mass Collected;


21.3.3 Pollutant Mass Units of Measure; and


21.3.4 Detection Limit Flag.


21.4 Each Individual HAP metal concentration:


21.4.1 Pollutant Name;


21.4.2 Pollutant Concentration; and


21.4.3 Pollutant Concentration Units of Measure.


21.5 Each Individual HAP metal emission rate in units of the standard:


21.5.1 Pollutant Name;


21.5.2 Pollutant Emission Rate; and


21.5.3 Pollutant Emission Rate Units of Measure.


21.6 Each Individual HAP metal emission rate in units of lbs/MMBTU or lbs/MW (per Table 5):


21.6.1 Pollutant Name;


21.6.2 Pollutant Emission Rate; and


21.6.3 Pollutant Emission Rate Units of Measure.


21.7 Total Filterable HAP metals mass collected:


21.7.1 Pollutant Name;


21.7.2 Pollutant Mass Collected;


21.7.3 Pollutant Mass Units of Measure; and


21.7.4 Detection Limit Flag.


21.8 Total Filterable HAP metals concentration:


21.8.1 Pollutant Name;


21.8.2 Pollutant Concentration; and


21.8.3 Pollutant Concentration Units of Measure.


21.9 Total Filterable HAP metals in units of lbs/MMBtu or lbs/MW (per Table 5):


21.9.1 Pollutant Name;


21.9.2 Pollutant Emission Rate; and


21.9.3 Pollutant Emission Rate Units of Measure.


21.10 Total HAP metals mass collected:


21.10.1 Pollutant Name;


21.10.2 Pollutant Mass Collected;


21.10.3 Pollutant Mass Units of Measure; and


21.10.4 Detection Limit Flag.


21.11 Total HAP metals concentration


21.11.1 Pollutant Name;


21.11.2 Pollutant Concentration; and


21.11.3 Pollutant Concentration Units of Measure.


21.12 Total HAP metals Emission Rate in Units of the Standard:


21.12.1 Pollutant Name;


21.12.2 Pollutant Emission Rate; and


21.12.3 Pollutant Emission Rate Units of Measure.


21.13 Total HAP metals Emission Rate in lbs/MMBtu or lbs/MW (per Table 5):


21.13.1 Pollutant Name;


21.13.2 Pollutant Emission Rate; and


21.13.3 Pollutant Emission Rate Units of Measure.


22.0 Run-Level and Lab Data Elements for EPA test Method 26. If you use EPA test Method 26, you must report the Source ID (i.e., Data Element 18.1) and the following run-level data elements for each test run. If your EGU is oil-fired and you use EPA test Method 26 to conduct stack tests for both HCl and HF, you must report these data elements separately for each pollutant:


22.1 Test Number;


22.2 Pollutant Name;


22.3 EPA Test Method;


22.4 Run Number;


22.5 Corresponding Reference Method(s), if applicable;


22.6 Corresponding Reference Method(s) Run Number, if applicable;


22.7 Number of Traverse Points;


22.8 Run Begin Date;


22.9 Run Start Time (clock start time);


22.10 Run End Date;


22.11 Run End Time (clock end time);


22.12 Barometric Pressure;


22.13 Cumulative Elapsed Sampling Time;


22.14 Calibration Coefficient of Dry Gas Meter (Y);


22.15 Initial Reading of Dry Gas Meter Volume (dcf);


22.16 Final Reading of Dry Gas Meter Volume (dcf);


22.17 Percent O2;


22.18 Percent CO2;


22.19 Type of Fuel;


22.20 F-Factor (Fd, Fw, or Fc);


22.21 Pollutant Mass Collected (value);


22.22 Pollutant Mass Units of Measure;


22.23 Detection Limit Flag;


22.24 Pollutant Concentration;


22.25 Pollutant Concentration Unit of Measure;


22.26 Compliance Limit Basis (heat input or electrical output);


22.27 Heat Input or Electrical Output Unit of Measure;


22.28 Process Parameter (value);


22.29 Process Parameter Unit of Measure;


22.30 Pollutant Emission Rate; and


22.31 Pollutant Emission Rate Units of Measure (in the units of the standard).


23.0 Point-Level Data Elements for EPA test Method 26. To link the point-level data in this section with the run-level data in the XML schema, you must report the Source ID (i.e., Data Element 18.1), EPA Test Method (Data Element 22.3), Run Number (Data Element 22.4), and Run Begin Date (Data Element 22.8) from section 22 and the following point-level data elements for each run of each EPA test Method 26 test:


23.1 Traverse Point ID;


23.2 Filter Temperature; and


23.3 Dry Gas Meter Temperature.


24.0 Run-Level Data for EPA test Method 30B. You must report Source ID (i.e. Data Element 18.1) and the following run-level data elements for each EPA test Method 30B test run:


24.1 Test Number;


24.2 Pollutant Name;


24.3 EPA Test Method;


24.4 Run Number;


24.5 Corresponding Reference Method(s), if applicable;


24.6 Corresponding Reference Method(s) Run Number, if applicable;


24.7 Number of Traverse Points;


24.8 Run Begin Date;


24.9 Run Start Time (clock time start);


24.10 Run End Date;


24.11 Run End Time (clock time end);


24.12 Barometric Pressure;


24.13 Percent O2;


24.14 Percent CO2;


24.15 Cumulative Elapsed Sampling Time;


24.16 Calibration Coefficient of Dry Gas Meter Box A (Y);


24.17 Initial Reading of Dry Gas Meter Volume (A);


24.18 Final Reading of Dry Gas Meter Volume (A);


24.19 Calibration Coefficient of Dry Gas Meter Box B (Y);


24.20 Initial Reading of Dry Gas Meter Volume (B);


24.21 Final Reading of Dry Gas Meter Volume (B);


24.22 Gas Sample Volume Units of Measure;


24.23 Post-Run Leak Rate (A);


24.24 Post-Run Leak Check Vacuum (A);


24.25 Post-Run Leak Rate (B);


24.26 Post-Run Leak Check Vacuum (B);


24.27 Sorbent Trap ID (A);


24.28 Pollutant Mass Collected, Section 1 (A);


24.29 Pollutant Mass Collected, Section 2 (A);


24.30 Mass of Spike on Sorbent Trap A;


24.31 Total Pollutant Mass Trap A;


24.32 Sorbent Trap ID (B);


24.33 Pollutant Mass Collected, Section 1 (B);


24.34 Pollutant Mass Collected, Section 2 (B);


24.35 Mass of Spike on Sorbent Trap B;


24.36 Total Pollutant Mass Trap B;


24.37 Pollutant Mass Units of Measure;


24.38 Pollutant Average Concentration;


24.39 Pollutant Concentration Units of Measure;


24.40 Method Detection Limit;


24.41 Percent Spike Recovery;


24.42 Type of Fuel;


24.43 F-Factor (Fd, Fw, or Fc);


24.44 Compliance Limit Basis (heat input or electrical output);


24.45 Heat Input or Electrical Output Unit of Measure;


24.46 Process Parameter (value);


24.47 Process Parameter Unit of Measure;


24.48 Pollutant Emission Rate; and


24.49 Pollutant Emission Rate Unit of Measure (in the units of the standard).


25.0 Point-Level Data Elements for EPA test Method 30B. You must report the Source ID (i.e., Data Element 18.1), EPA Test Method (Data Element 24.3), Run Number (Data Element 24.4), and Run Begin Date (Data Element 24.8) and the following point-level data elements for each run of each EPA test Method 30B test:


25.1 Traverse Point ID;


25.2 Dry Gas Meter Temperature (A);


25.3 Sample Flow Rate (A) (L/min);


25.4 Dry Gas Meter Temperature (B); and


25.5 Sample Flow Rate (B) (L/min).


26.0 Pre-Run Data Elements for EPA test Methods 3A and 6C. You must report the Source ID (i.e., Data Element 18.1) and the following pre-run data elements for each SO2 RATA using instrumental EPA test Method 6C, and for each instrumental EPA test Method 3A O2 or CO2 test that is performed to convert a pollutant concentration to the units of measure of the applicable emission unit of standard in Table 1 or 2 of this subpart:


26.1 Test Number;


26.2 EPA Test Method;


26.3 Calibration Gas Cylinder Analyte;


26.4 Cylinder Gas Units of Measure;


26.5 Date of Calibration;


26.6 Calibration Low-Level Gas Cylinder ID;


26.7 Calibration Low-Level Gas Concentration;


26.8 Calibration Low-Level Cylinder Expiration Date;


26.9 Calibration Mid-Level Gas Cylinder ID;


26.10 Calibration Mid-Level Gas Concentration;


26.11 Calibration Mid-Level Cylinder Expiration Date;


26.12 Calibration High-Level Gas Cylinder ID;


26.13 Calibration Span (High-Level) Gas Concentration;


26.14 Calibration High-Level Cylinder Expiration Date;


26.15 Low-Level Gas Response;


26.16 Low-Level Calibration Error;


26.17 Low-Level Alternate Performance Specification (APS) Flag;


26.18 Mid-Level Gas Response;


26.19 Mid-Level Calibration Error;


26.20 Mid-Level APS Flag;


26.21 High-Level Gas Response;


26.22 High-Level Calibration Error; and


26.23 High-Level APS Flag.


27.0 Run-Level Data Elements for EPA test Methods 3A and 6C. You must report the Source ID (i.e., Data Element 18.1) and following run-level data elements for each run of each SO2 RATA using instrumental EPA test Method 6C, and for each run of each corresponding instrumental EPA test Method 3A test that is performed to convert a pollutant concentration to the applicable emission unit of standard in Table 1 or 2 of this subpart:


27.1 Test Number;


27.2 Pollutant or Analyte Name;


27.3 EPA Test Method;


27.4 Run Number;


27.5 Corresponding Reference Method(s), if applicable;


27.6 Corresponding Reference Method(s) Run Number(s), if applicable;


27.7 Number of Traverse Points;


27.8 Run Begin Date;


27.9 Run Start Time (clock time start);


27.10 Run End Date;


27.11 Run End Time (clock time end);


27.12 Cumulative Elapsed Sampling Time;


27.13 Upscale (mid or high) Gas Level;


27.14 Pre-Run Low-Level Response;


27.15 Pre-Run Low-Level System Bias;


27.16 Pre-Run Low-Level Bias APS Flag;


27.17 Pre-Run Upscale (mid or high) Response;


27.18 Pre-Run Upscale (mid or high) System Bias;


27.19 Pre-Run Upscale (mid or high) Bias APS Flag;


27.20 Post-Run Low-Level Response;


27.21 Post-Run Low-Level System Bias;


27.22 Post-Run Low-Level Bias APS Flag;


27.23 Post-Run Low-Level Drift;


27.24 Post-Run Low-Level Drift APS Flag;


27.25 Post-Run Upscale (mid or high) Response;


27.26 Post-Run Upscale (mid or high) System Bias;


27.27 Post-Run Upscale (mid or high) System Bias APS Flag;


27.28 Post-Run Upscale (mid or high) Drift;


27.29 Post-Run Upscale (mid or high) Drift APS Flag;


27.30 Unadjusted Raw Emissions Average Concentration;


27.31 Calculated Average Concentration, Adjusted for Bias (Cgas);


27.32 Concentration Units of Measure (Dry or wet);


27.33 Type of Fuel;


27.34 Process Parameter (value); and


27.35 Process Parameter Units of Measure.


28.0 Run-Level Data Elements for EPA test Method 2. When you make a separate determination of the stack gas flow rate using EPA test Method 2 separately, corresponding to a pollutant reference method test, i.e., when data from the pollutant reference method cannot determine the stack gas flow rate, you must report the Source ID (i.e., Data Element 18.1) and following run-level data elements for each EPA test Method 2 test run:


28.1 Test Number;


28.2 EPA Test Method;


28.3 Run Number;


28.4 Number of Traverse Points;


28.5 Run Begin Date;


28.6 Run Start Time (clock time start);


28.7 Run End Date;


28.8 Run End Time (clock time end);


28.9 Pitot Tube ID;


28.10 Pitot Tube Calibration Coefficient;


28.11 Barometric Pressure;


28.12 Static Pressure;


28.13 Percent O2;


28.14 Percent CO2;


28.15 Percent Moisture – actual;


28.16 Dry Molecular Weight of Stack Gas;


28.17 Wet Molecular Weight of Stack Gas;


28.18 Stack Gas Velocity – fps; and


28.19 Stack Gas Flow Rate – dscfm.


29.0 Point-Level Data Elements for EPA test Method 2. For each run of each separate EPA test Method 2 test, you must report the Source ID (i.e., Data Element 18.1), EPA Test Method (Data Element 28.2), Run Number (Data Element 28.3), and Run Begin Date (Data Element 28.5) and the following point-level data elements:


29.1 Traverse Point ID;


29.2 Stack Temperature; and


29.3 Differential Pressure Reading (ΔP).


30.0 Run-Level Data Elements for EPA test Method 4. When you make a separate EPA test Method 4 determination of the stack gas moisture content corresponding to a pollutant reference method test, i.e., when data from the pollutant reference method cannot determine the moisture content, you must report the Source ID (i.e., Data Element 18.1) and the following run-level data elements for each EPA test Method 4 test run:


30.1 Test Number;


30.2 EPA Test Method;


30.3 Run Number;


30.4 Number of Traverse Points;


30.5 Run Begin Date;


30.6 Run Start Time (clock time start);


30.7 Run End Date;


30.8 Run End Time (clock time end);


30.9 Barometric Pressure;


30.10 Calibration Coefficient of Dry Gas Meter (Y);


30.11 Volume of Water Collected in Impingers and Silica Gel;


30.12 Percent Moisture-actual;


30.13 Initial Reading of Dry Gas Meter Volume (dcf);


30.14 Final Reading of Dry Gas Meter Volume (dcf); and


30.15 Dry Gas Meter Temperature (average).


31.0 Other Information for Each Test or Test Series. You must provide each test included in the XML data file described in this appendix with supporting documentation, in a PDF file submitted concurrently with the XML file, such that all the data required to be reported by 40 CFR 63.7(g) are provided. That supporting data include but are not limited to diagrams showing the location of the test site and the sampling points, laboratory report(s) including analytical calibrations, calibrations of source sampling equipment, calibration gas cylinder certificates, raw instrumental data, field data sheets, quality assurance data (e.g. field recovery spikes) and any required audit results and stack testers’ credentials (if applicable). The applicable data elements in 40 CFR 63.10031(f)(6)(i) through (xii) of this section must be entered into ECMPS with each PDF submittal; the test number(s) (see 40 CFR 63.10031(f)(6)(xi)) must be included. The test number(s) must match the test number(s) in sections 19 through 31 of this appendix (as applicable).


[85 FR 55775, Sept. 9, 2020]


Subpart VVVVV [Reserved]

Subpart WWWWW – National Emission Standards for Hospital Ethylene Oxide Sterilizers


Source:72 FR 73623, Dec. 28, 2007, unless otherwise noted.

Applicability and Compliance Dates

§ 63.10382 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate an ethylene oxide sterilization facility at a hospital that is an area source of hazardous air pollutant (HAP) emissions.


(b) The affected source subject to this subpart is each new or existing sterilization facility.


(1) An affected source is existing if you commenced construction or reconstruction of the affected source before November 6, 2006.


(2) An affected source is new if you commenced construction or reconstruction of the affected source on or after November 6, 2006.


§ 63.10384 What are my compliance dates?

(a) Existing source. If you have an existing affected source, you must comply with applicable requirements in this subpart no later than December 29, 2008.


(b) New source. If you start up a new affected source on or before December 28, 2007, you must comply with applicable requirements in this subpart by December 28, 2007.


(c) New source. If you start up a new affected source after December 28, 2007, you must comply with applicable requirements in this subpart upon startup of your affected source.


Standards

§ 63.10390 What management practice standard must I meet?

You must sterilize full loads of items having a common aeration time, except under medically necessary circumstances, as that term is defined in § 63.10448.


Initial Compliance Requirements

§ 63.10400 How do I demonstrate initial compliance?

(a) Except as provided in paragraphs (b) and (c) of this section, you must demonstrate initial compliance with the management practice standard in § 63.10390 by submitting an Initial Notification of Compliance Status certifying that you are sterilizing full loads of items having a common aeration time except under medically necessary circumstances.


(b) If you operate your sterilization unit(s) with an air pollution control device pursuant to a State or local regulation, you may demonstrate initial compliance with § 63.10390 by submitting an Initial Notification of Compliance Status certifying that you are operating the sterilization unit in accordance with your State or local regulation and following control device manufacturer’s recommended procedures.


(c) If you operate your sterilization unit(s) with an air pollution control device but are not subject to any State or local regulation, you may demonstrate initial compliance with § 63.10390 by submitting an Initial Notification of Compliance Status certifying that you are venting the ethylene oxide emissions from each sterilization unit to an add-on air pollution control device. You must certify that you are operating the control device during all sterilization processes and in accordance with manufacturer’s recommended procedures.


§ 63.10402 By what date must I demonstrate initial compliance?

You must demonstrate initial compliance with § 63.10390 upon startup or no later than 180 calendar days after your compliance date, whichever is later.


Monitoring – Continuous Compliance Requirements

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

For each sterilization unit not equipped with an air pollution control device, you must demonstrate continuous compliance with the management practice standard in § 63.10390 by recording the date and time of each sterilization cycle, whether each sterilization cycle contains a full load of items, and if not, a statement from a hospital central services staff, a hospital administrator, or a physician that it was medically necessary.


Notifications, Reports, and Records

§ 63.10430 What notifications must I submit and by when?

(a) You must submit an Initial Notification of Compliance Status that includes the information required in paragraphs (a)(1) through (5) of this section and the applicable certification in § 63.10400.


(1) The name and address of the owner or operator.


(2) The address (i.e., physical location) of the affected source.


(3) An identification of the standard and other applicable requirements in this subpart that serve as the basis of the notification and the source’s compliance date.


(4) A brief description of the sterilization facility, including the number of ethylene oxide sterilizers, the size (volume) of each, the number of aeration units, if any, the amount of annual ethylene oxide usage at the facility, the control technique used for each sterilizer, and typical number of sterilization cycles per year.


(5) A statement that the affected source is an area source.


(b) You must submit the Initial Notification of Compliance Status to the appropriate authority(ies) specified in § 63.9(a)(4). In addition, you must submit a copy of the Initial Notification of Compliance Status to EPA’s Office of Air Quality Planning and Standards. Send your notification via e-mail to [email protected] or via U.S. mail or other mail delivery service to U.S. EPA, Sector Policies and Programs Division, Coatings and Chemicals Group (E143-01), Attn: Hospital Sterilizers Project Leader, Research Triangle Park, NC 27711.


(c) You must submit the Initial Notification of Compliance Status no later than 180 calendar days after your compliance date, consistent with § 63.10402.


§ 63.10432 What records must I keep?

You must keep the records specified in paragraphs (a) and (b) of this section.


(a) A copy of the Initial Notification of Compliance Status that you submitted to comply with this subpart.


(b) Records required by § 63.10420 for each sterilization unit not equipped with an air pollution control device.


§ 63.10434 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.


(b) You must keep each record for 5 years following the date of each record.


(c) You must keep each record onsite for at least 2 years after the date of each record. You may keep the records offsite for the remaining 3 years.


Other Requirements and Information

§ 63.10440 What parts of the General Provisions apply to me?

Table 1 to this subpart shows which parts of the General Provisions in 40 CFR 63.1 through 63.16 apply to you.


§ 63.10442 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 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 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 include approval of alternatives to the applicability requirements under 40 CFR 63.10382, the compliance date requirements in 40 CFR 63.10384, and the management practice standards as defined in 40 CFR 63.10390.


§ 63.10446 Do title V permitting requirements apply to area sources subject to this subpart?

You are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, provided you are not otherwise required by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a). Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart.


§ 63.10448 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act (CAA), in 40 CFR 63.2, and in this section as follows:


Aeration process means any time when ethylene oxide is removed from the aeration unit through the aeration unit vent or from the combination sterilization unit through the sterilization unit vent, while aeration or off-gassing is occurring.


Aeration unit means any vessel that is used to facilitate off-gassing of ethylene oxide.


Air pollution control device means a catalytic oxidizer, acid-water scrubber, or any other air pollution control equipment that reduces the quantity of ethylene oxide in the effluent gas stream from sterilization and aeration processes.


Combination sterilization unit means any enclosed vessel in which both the sterilization process and the aeration process occur within the same vessel, i.e., the vessel is filled with ethylene oxide gas or an ethylene oxide/inert gas mixture for the purpose of sterilizing and is followed by off-gassing of ethylene oxide.


Common aeration time means that items require the same length of time to off-gas ethylene oxide.


Full load means the maximum number of items that does not impede proper air removal, humidification of the load, or sterilant penetration and evacuation in the sterilization unit.


Hospital means a facility that provides medical care and treatment for patients who are acutely ill or chronically ill on an inpatient basis under supervision of licensed physicians and under nursing care offered 24 hours per day. Hospitals include diagnostic and major surgery facilities but exclude doctor’s offices, clinics, or other facilities whose primary purpose is to provide medical services to humans or animals on an outpatient basis.


Hospital central services staff means a healthcare professional, including manager and technician, who is either directly involved in or responsible for sterile processing at a hospital.


Medically necessary means circumstances that a hospital central services staff, a hospital administrator, or a physician concludes, based on generally accepted medical practices, necessitate sterilizing without a full load in order to protect human health.


State or local regulation means a regulation at the State or local level that requires a hospital to reduce the quantity of ethylene oxide emissions from ethylene oxide sterilization units.


Sterilization facility means the group of ethylene oxide sterilization units at a hospital using ethylene oxide gas or an ethylene oxide/inert gas mixture for the purpose of sterilizing.


Sterilization process means any time when ethylene oxide is removed from the sterilization unit or combination sterilization unit through the sterilization unit vent.


Sterilization unit means any enclosed vessel that is filled with ethylene oxide gas or an ethylene oxide/inert gas mixture for the purpose of sterilizing. As used in this subpart, the term includes combination sterilization units.


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

As required in § 63.10440, you must comply with the requirements of the General Provisions (40 CFR part 63, subpart A) shown in the following table:


Citation
Subject
Applies to subpart WWWWW
Explanation
§ 63.1(a)(1)-(4), (6), (10)-(12), (b)(1), (3)ApplicabilityYes
§ 63.1(a)(5), (7)-(9)[Reserved]
§ 63.1(b)(2)[Reserved]
§ 63.1(c)(1)-(2)Applicability of this part after a relevant standard has been setYes§ 63.10446 of this subpart exempts affected sources from the obligation to obtain title V operating permits for purposes of being subject to this subpart.
§ 63.1(c)(3)-(4)[Reserved]
§ 63.1(c)(5)Subject to notification requirementsNo
§ 63.1(d)[Reserved]
§ 63.1(e)Emission limitation by permitYes
§ 63.2DefinitionsYes
§ 63.3Units and abbreviationsYes
§ 63.4Prohibited activitiesYes
§ 63.5Construction/reconstructionNo
§ 63.6(a), (b)(1)-(5), (7)Compliance with standards and maintenance requirementsYes
§ 63.6(b)(6)[Reserved]
§ 63.6(c)(1)Compliance dates for existing sourcesYesSubpart WWWWW requires compliance 1 year after the effective date.
§ 63.6(c)(2), (5)Compliance dates for CAA section 112(f) standards and for area sources that become majorNo
§ 63.6(c)(3)-(4)[Reserved]
§ 63.6(d)[Reserved]
§ 63.6(e)-(h)Alternative nonopacity emission standardNo
§ 63.6(i)-(j)Compliance extensionYes
§ 63.7Performance testing requirementsNo
§ 63.8Monitoring requirementsNo
§ 63.9(a)Applicability and initial notifications addresseesYes
§ 63.9(b)Initial notificationsNo
§ 63.9(c)Request for extension of complianceYes
§ 63.9(d)-(i)Other notificationsNo
§ 63.9(j)-(k)Change in information already submitted Electronic reportingYes
§ 63.10(a)(1)-(2)Recordkeeping and reporting requirements, applicabilityYes
§ 63.10(a)(3)-(4)General informationYes
§ 63.10(a)(5)-(7)Recordkeeping and reporting requirements, reporting schedulesNo
§ 63.10(b)(1)Retention timeYes
§ 63.10(b)(2)-(f)Recordkeeping and reporting requirementsNo
§ 63.11Control device requirementsNo
§ 63.12State authority and delegationsYes
§§ 63.13-63.16Addresses, Incorporations by Reference, availability of information, performance track provisionsYes

[72 FR 73623, Dec. 28, 2007, as amended at 85 FR 73918, Nov. 19, 2020


Subpart XXXXX [Reserved]

Subpart YYYYY – National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities


Source:72 FR 74111, Dec. 28, 2007, unless otherwise noted.

Applicability and Compliance Dates

§ 63.10680 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate an electric arc furnace (EAF) steelmaking facility that is an area source of hazardous air pollutant (HAP) emissions.


(b) This subpart applies to each new or existing affected source. The affected source is each EAF steelmaking facility.


(1) An affected source is existing if you commenced construction or reconstruction of the affected source on or before September 20, 2007.


(2) An affected source is new if you commenced construction or reconstruction of the affected source after September 20, 2007.


(c) This subpart does not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).


(d) If you own or operate an area source subject to this subpart, you must have or obtain a permit under 40 CFR part 70 or 40 CFR part 71.


§ 63.10681 What are my compliance dates?

(a) Except as provided in paragraph (b) of this section, if you own or operate an existing affected source, you must achieve compliance with the applicable provisions of this subpart by no later than June 30, 2008.


(b) If you own or operate an existing affected source, you must achieve compliance with opacity limit in § 63.10686(b)(2) or (c)(2) by no later than December 28, 2010 if you demonstrate to the satisfaction of the permitting authority that additional time is needed to install or modify emission control equipment.


(c) If you start up a new affected source on or before December 28, 2007, you must achieve compliance with the applicable provisions of this subpart by no later than December 28, 2007.


(d) If you start up a new affected source after December 28, 2007, you must achieve compliance with the applicable provisions of this subpart upon startup of your affected source.


Standards and Compliance Requirements

§ 63.10685 What are the requirements for the control of contaminants from scrap?

(a) Chlorinated plastics, lead, and free organic liquids. For metallic scrap utilized in the EAF at your facility, you must comply with the requirements in either paragraph (a)(1) or (2) of this section. You may have certain scrap at your facility subject to paragraph (a)(1) of this section and other scrap subject to paragraph (a)(2) of this section provided the scrap remains segregated until charge make-up.


(1) Pollution prevention plan. For the production of steel other than leaded steel, you must prepare and implement a pollution prevention plan for metallic scrap selection and inspection to minimize the amount of chlorinated plastics, lead, and free organic liquids that is charged to the furnace. For the production of leaded steel, you must prepare and implement a pollution prevention plan for scrap selection and inspection to minimize the amount of chlorinated plastics and free organic liquids in the scrap that is charged to the furnace. You must submit the scrap pollution prevention plan to the permitting authority for approval. You must operate according to the plan as submitted during the review and approval process, operate according to the approved plan at all times after approval, and address any deficiency identified by the permitting authority within 60 days following disapproval of a plan. You may request approval to revise the plan and may operate according to the revised plan unless and until the revision is disapproved by the permitting authority. You must keep a copy of the plan onsite, and you must provide training on the plan’s requirements to all plant personnel with materials acquisition or inspection duties. Each plan must include the information in paragraphs (a)(1)(i) through (iii) of this section:


(i) Specifications that scrap materials must be depleted (to the extent practicable) of undrained used oil filters, chlorinated plastics, and free organic liquids at the time of charging to the furnace.


(ii) A requirement in your scrap specifications for removal (to the extent practicable) of lead-containing components (such as batteries, battery cables, and wheel weights) from the scrap, except for scrap used to produce leaded steel.


(iii) Procedures for determining if the requirements and specifications in paragraph (a)(1) of this section are met (such as visual inspection or periodic audits of scrap providers) and procedures for taking corrective actions with vendors whose shipments are not within specifications.


(iv) The requirements of paragraph (a)(1) of this section do not apply to the routine recycling of baghouse bags or other internal process or maintenance materials in the furnace. These exempted materials must be identified in the pollution prevention plan.


(2) Restricted metallic scrap. For the production of steel other than leaded steel, you must not charge to a furnace metallic scrap that contains scrap from motor vehicle bodies, engine blocks, oil filters, oily turnings, machine shop borings, transformers or capacitors containing polychlorinated biphenyls, lead-containing components, chlorinated plastics, or free organic liquids. For the production of leaded steel, you must not charge to the furnace metallic scrap that contains scrap from motor vehicle bodies, engine blocks, oil filters, oily turnings, machine shop borings, transformers or capacitors containing polychlorinated biphenyls, chlorinated plastics, or free organic liquids. This restriction does not apply to any post-consumer engine blocks, post-consumer oil filters, or oily turnings that are processed or cleaned to the extent practicable such that the materials do not include lead components, chlorinated plastics, or free organic liquids. This restriction does not apply to motor vehicle scrap that is charged to recover the chromium or nickel content if you meet the requirements in paragraph (b)(3) of this section.


(b) Mercury requirements. For scrap containing motor vehicle scrap, you must procure the scrap pursuant to one of the compliance options in paragraphs (b)(1), (2), or (3) of this section for each scrap provider, contract, or shipment. For scrap that does not contain motor vehicle scrap, you must procure the scrap pursuant to the requirements in paragraph (b)(4) of this section for each scrap provider, contract, or shipment. You may have one scrap provider, contract, or shipment subject to one compliance provision and others subject to another compliance provision.


(1) Site-specific plan for mercury switches. You must comply with the requirements in paragraphs (b)(1)(i) through (v) of this section.


(i) You must include a requirement in your scrap specifications for removal of mercury switches from vehicle bodies used to make the scrap.


(ii) You must prepare and operate according to a plan demonstrating how your facility will implement the scrap specification in paragraph (b)(1)(i) of this section for removal of mercury switches. You must submit the plan to the permitting authority for approval. You must operate according to this plan as submitted during the review and approval process, operate according to the approved plan at all times after approval, and address any deficiency identified by the permitting authority within 60 days following disapproval of a plan. You may request approval to revise the plan and may operate according to the revised plan unless and until the revision is disapproved by the permitting authority. The permitting authority may change the approval status of the plan upon 90-days written notice based upon the semiannual compliance report or other information. The plan must include:


(A) A means of communicating to scrap purchasers and scrap providers the need to obtain or provide motor vehicle scrap from which mercury switches have been removed and the need to ensure the proper management of the mercury switches removed from that scrap as required under the rules implementing subtitle C of the Resource Conservation and Recovery Act (RCRA) (40 CFR parts 261 through 265 and 268). The plan must include documentation of direction to appropriate staff to communicate to suppliers throughout the scrap supply chain the need to promote the removal of mercury switches from end-of-life vehicles. Upon the request of the permitting authority, you must provide examples of materials that are used for outreach to suppliers, such as letters, contract language, policies for purchasing agents, and scrap inspection protocols;


(B) Provisions for obtaining assurance from scrap providers that motor vehicle scrap provided to the facility meet the scrap specification;


(C) Provisions for periodic inspections or other means of corroboration to ensure that scrap providers and dismantlers are implementing appropriate steps to minimize the presence of mercury switches in motor vehicle scrap and that the mercury switches removed are being properly managed, including the minimum frequency such means of corroboration will be implemented; and


(D) Provisions for taking corrective actions (i.e., actions resulting in scrap providers removing a higher percentage of mercury switches or other mercury-containing components) if needed, based on the results of procedures implemented in paragraph (b)(1)(ii)(C) of this section).


(iii) You must require each motor vehicle scrap provider to provide an estimate of the number of mercury switches removed from motor vehicle scrap sent to your facility during the previous year and the basis for the estimate. The permitting authority may request documentation or additional information at any time.


(iv) You must establish a goal for each scrap provider to remove at least 80 percent of the mercury switches. Although a site-specific plan approved under paragraph (b)(1) of this section may require only the removal of convenience light switch mechanisms, the permitting authority will credit all documented and verifiable mercury-containing components removed from motor vehicle scrap (such as sensors in anti-locking brake systems, security systems, active ride control, and other applications) when evaluating progress towards the 80 percent goal.


(v) For each scrap provider, you must submit semiannual progress reports to the permitting authority that provide the number of mercury switches removed or the weight of mercury recovered from the switches, the estimated number of vehicles processed, an estimate of the percent of mercury switches removed, and certification that the removed mercury switches were recycled at RCRA-permitted facilities or otherwise properly managed pursuant to RCRA subtitle C regulations referenced in paragraph (b)(1)(ii)(A) of this section. This information can be submitted in aggregated form and does not have to be submitted for each scrap provider, contract, or shipment. The permitting authority may change the approval status of a site-specific plan following 90-days notice based on the progress reports or other information.


(2) Option for approved mercury programs. You must certify in your notification of compliance status that you participate in and purchase motor vehicle scrap only from scrap providers who participate in a program for removal of mercury switches that has been approved by the Administrator based on the criteria in paragraphs (b)(2)(i) through (iii) of this section. If you purchase motor vehicle scrap from a broker, you must certify that all scrap received from that broker was obtained from other scrap providers who participate in a program for the removal of mercury switches that has been approved by the Administrator based on the criteria in paragraphs (b)(2)(i) through (iii) of this section. The National Vehicle Mercury Switch Recovery Program and the Vehicle Switch Recovery Program mandated by Maine State law are EPA-approved programs under paragraph (b)(2) of this section unless and until the Administrator disapproves the program (in part or in whole) under paragraph (b)(2)(iii) of this section.


(i) The program includes outreach that informs the dismantlers of the need for removal of mercury switches and provides training and guidance for removing mercury switches;


(ii) The program has a goal to remove at least 80 percent of mercury switches from the motor vehicle scrap the scrap provider processes. Although a program approved under paragraph (b)(2) of this section may require only the removal of convenience light switch mechanisms, the Administrator will credit all documented and verifiable mercury-containing components removed from motor vehicle scrap (such as sensors in anti-locking brake systems, security systems, active ride control, and other applications) when evaluating progress towards the 80 percent goal; and


(iii) The program sponsor agrees to submit progress reports to the Administrator no less frequently than once every year that provide the number of mercury switches removed or the weight of mercury recovered from the switches, the estimated number of vehicles processed, an estimate of the percent of mercury switches recovered, and certification that the recovered mercury switches were recycled at facilities with permits as required under the rules implementing subtitle C of RCRA (40 CFR parts 261 through 265 and 268). The progress reports must be based on a database that includes data for each program participant; however, data may be aggregated at the State level for progress reports that will be publicly available. The Administrator may change the approval status of a program or portion of a program (e.g., at the State level) following 90-days notice based on the progress reports or on other information.


(iv) You must develop and maintain onsite a plan demonstrating the manner through which your facility is participating in the EPA-approved program.


(A) The plan must include facility-specific implementation elements, corporate-wide policies, and/or efforts coordinated by a trade association as appropriate for each facility.


(B) You must provide in the plan documentation of direction to appropriate staff to communicate to suppliers throughout the scrap supply chain the need to promote the removal of mercury switches from end-of-life vehicles. Upon the request of the permitting authority, you must provide examples of materials that are used for outreach to suppliers, such as letters, contract language, policies for purchasing agents, and scrap inspection protocols.


(C) You must conduct periodic inspections or provide other means of corroboration to ensure that scrap providers are aware of the need for and are implementing appropriate steps to minimize the presence of mercury in scrap from end-of-life vehicles.


(3) Option for specialty metal scrap. You must certify in your notification of compliance status that the only materials from motor vehicles in the scrap are materials recovered for their specialty alloy (including, but not limited to, chromium, nickel, molybdenum, or other alloys) content (such as certain exhaust systems) and, based on the nature of the scrap and purchase specifications, that the type of scrap is not reasonably expected to contain mercury switches.


(4) Scrap that does not contain motor vehicle scrap. For scrap not subject to the requirements in paragraphs (b)(1) through (3) of this section, you must certify in your notification of compliance status and maintain records of documentation that this scrap does not contain motor vehicle scrap.


(c) Recordkeeping and reporting requirements. In addition to the records required by § 63.10, you must keep records to demonstrate compliance with the requirements for your pollution prevention plan in paragraph (a)(1) of this section and/or for the use of only restricted scrap in paragraph (a)(2) of this section and for mercury in paragraphs (b)(1) through (3) of this section as applicable. You must keep records documenting compliance with paragraph (b)(4) of this section for scrap that does not contain motor vehicle scrap.


(1) If you are subject to the requirements for a site-specific plan for mercury under paragraph (b)(1) of this section, you must:


(i) Maintain records of the number of mercury switches removed or the weight of mercury recovered from the switches and properly managed, the estimated number of vehicles processed, and an estimate of the percent of mercury switches recovered; and


(ii) Submit semiannual reports of the number of mercury switches removed or the weight of mercury recovered from the switches and properly managed, the estimated number of vehicles processed, an estimate of the percent of mercury switches recovered, and a certification that the recovered mercury switches were recycled at RCRA-permitted facilities. The semiannual reports must include a certification that you have conducted inspections or taken other means of corroboration as required under paragraph (b)(1)(ii)(C) of this section. You may include this information in the semiannual compliance reports required under paragraph (c)(3) of this section.


(2) If you are subject to the option for approved mercury programs under paragraph (b)(2) of this section, you must maintain records identifying each scrap provider and documenting the scrap provider’s participation in an approved mercury switch removal program. If you purchase motor vehicle scrap from a broker, you must maintain records identifying each broker and documentation that all scrap provided by the broker was obtained from other scrap providers who participate in an approved mercury switch removal program.


(3) You must submit semiannual compliance reports to the Administrator for the control of contaminants from scrap according to the requirements in § 63.10(e). The report must clearly identify any deviation from the requirements in paragraphs (a) and (b) of this section and the corrective action taken. You must identify which compliance option in paragraph (b) of this section applies to each scrap provider, contract, or shipment.


§ 63.10686 What are the requirements for electric arc furnaces and argon-oxygen decarburization vessels?

(a) You must install, operate, and maintain a capture system that collects the emissions from each EAF (including charging, melting, and tapping operations) and argon-oxygen decarburization (AOD) vessel and conveys the collected emissions to a control device for the removal of particulate matter (PM).


(b) Except as provided in paragraph (c) of this section, you must not discharge or cause the discharge into the atmosphere from an EAF or AOD vessel any gases which:


(1) Exit from a control device and contain in excess of 0.0052 grains of PM per dry standard cubic foot (gr/dscf); and


(2) Exit from a melt shop and, due solely to the operations of any affected EAF(s) or AOD vessel(s), exhibit 6 percent opacity or greater.


(c) If you own or operate a new or existing affected source that has a production capacity of less than 150,000 tons per year (tpy) of stainless or specialty steel (as determined by the maximum production if specified in the source’s operating permit or EAF capacity and maximum number of operating hours per year), you must not discharge or cause the discharge into the atmosphere from an EAF or AOD vessel any gases which:


(1) Exit from a control device and contain particulate matter (PM) in excess of 0.8 pounds per ton (lb/ton) of steel. Alternatively, the owner or operator may elect to comply with a PM limit of 0.0052 grains per dry standard cubic foot (gr/dscf); and


(2) Exit from a melt shop and, due solely to the operations of any affected EAF(s) or AOD vessel(s), exhibit 6 percent opacity or greater.


(d) Except as provided in paragraph (d)(6) of this section, you must conduct performance tests to demonstrate initial compliance with the applicable emissions limit for each emissions source subject to an emissions limit in paragraph (b) or (c) of this section.


(1) You must conduct each PM performance test for an EAF or AOD vessel according to the procedures in § 63.7 and 40 CFR 60.275a using the following test methods in 40 CFR part 60, appendices A-1, A-2, A-3, and A-4:


(i) Method 1 or 1A of appendix A-1 of 40 CFR part 60 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 of appendix A-1 of 40 CFR part 60 to determine the volumetric flow rate of the stack gas.


(iii) Method 3, 3A, or 3B of appendix A-3 of 40 CFR part 60 to determine the dry molecular weight of the stack gas. You may use ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses” (incorporated by reference – see § 63.14) as an alternative to EPA Method 3B.


(iv) Method 4 of appendix A-3 of 40 CFR part 60 to determine the moisture content of the stack gas.


(v) Method 5 or 5D of appendix A-3 of 40 CFR part 60 to determine the PM concentration. Three valid test runs are needed to comprise a PM performance test. For EAF, sample only when metal is being melted and refined. For AOD vessels, sample only when the operation(s) are being conducted.


(2) You must conduct each opacity test for a melt shop according to the procedures in § 63.6(h) and Method 9 of appendix A-4 of 40 CFR part 60. When emissions from any EAF or AOD vessel are combined with emissions from emission sources not subject to this subpart, you must demonstrate compliance with the melt shop opacity limit based on emissions from only the emission sources subject to this subpart.


(3) During any performance test, you must monitor and record the information specified in 40 CFR 60.274a(h) for all heats covered by the test.


(4) You must notify and receive approval from the Administrator for procedures that will be used to determine compliance for an EAF or AOD vessel when emissions are combined with those from facilities not subject to this subpart.


(5) To determine compliance with the PM emissions limit in paragraph (c) of this section for an EAF or AOD vessel in a lb/ton of steel format, compute the process-weighted mass emissions (Ep) for each test run using Equation 1 of this section:




Where:

Ep = Process-weighted mass emissions of PM, lb/ton;

C = Concentration of PM or total metal HAP, gr/dscf;

Q = Volumetric flow rate of stack gas, dscf/hr;

T = Total time during a test run that a sample is withdrawn from the stack during steel production cycle, hr;

P = Total amount of metal produced during the test run, tons; and

K = Conversion factor, 7,000 grains per pound.

(6) If you own or operate an existing affected source that is subject to the emissions limits in paragraph (b) or (c) of this section, you may certify initial compliance with the applicable emission limit for one or more emissions sources based on the results of a previous performance test for that emissions source in lieu of the requirement for an initial performance test provided that the test(s) were conducted within 5 years of the compliance date using the methods and procedures specified in paragraph (d)(1) or (2) of this section; the test(s) were for the affected facility; and the test(s) were representative of current or anticipated operating processes and conditions. Should the permitting authority deem the prior test data unacceptable to demonstrate compliance with an applicable emissions limit, the owner or operator must conduct an initial performance test within 180 days of the compliance date or within 90 days of receipt of the notification of disapproval of the prior test, whichever is later.


(e) You must monitor the capture system and PM control device required by this subpart, maintain records, and submit reports according to the compliance assurance monitoring requirements in 40 CFR part 64. The exemption in 40 CFR 64.2(b)(1)(i) for emissions limitations or standards proposed after November 15, 1990 under section 111 or 112 of the CAA does not apply. In lieu of the deadlines for submittal in 40 CFR 64.5, you must submit the monitoring information required by 40 CFR 64.4 to the applicable permitting authority for approval by no later than the compliance date for your affected source for this subpart and operate according to the approved plan by no later than 180 days after the date of approval by the permitting authority.


Other Information and Requirements

§ 63.10690 What parts of the General Provisions apply to this subpart?

(a) You must comply with the requirements of the NESHAP General Provisions (40 CFR part 63, subpart A) as provided in Table 1 of this subpart.


(b) The notification of compliance status required by § 63.9(h) must include each applicable certification of compliance, signed by a responsible official, in paragraphs (b)(1) through (6) of this section.


(1) For the pollution prevention plan requirements in § 63.10685(a)(1): “This facility has submitted a pollution prevention plan for metallic scrap selection and inspection in accordance with § 63.10685(a)(1)”;


(2) For the restrictions on metallic scrap in § 63.10685(a)(2): “This facility complies with the requirements for restricted metallic scrap in accordance with § 63.10685(a)(2)”;


(3) For the mercury requirements in § 63.10685(b):


(i) “This facility has prepared a site-specific plan for mercury switches in accordance with § 63.10685(b)(1)”;


(ii) “This facility participates in and purchases motor vehicle scrap only from scrap providers who participate in a program for removal of mercury switches that has been approved by the EPA Administrator in accordance with § 63.10685(b)(2)” and has prepared a plan demonstrating how the facility participates in the EPA-approved program in accordance with § 63.10685(b)(2)(iv);


(iii) “The only materials from motor vehicles in the scrap charged to an electric arc furnace at this facility are materials recovered for their specialty alloy content in accordance with § 63.10685(b)(3) which are not reasonably expected to contain mercury switches”; or


(iv) “This facility complies with the requirements for scrap that does not contain motor vehicle scrap in accordance with § 63.10685(b)(4).”


(4) This certification of compliance for the capture system requirements in § 63.10686(a), signed by a responsible official: “This facility operates a capture system for each electric arc furnace and argon-oxygen decarburization vessel that conveys the collected emissions to a PM control device in accordance with § 63.10686(a)”.


(5) If applicable, this certification of compliance for the performance test requirements in § 63.10686(d)(6): “This facility certifies initial compliance with the applicable emissions limit in § 63.10686(a) or (b) based on the results of a previous performance test in accordance with § 63.10686(d)(6)”.


(6) This certification of compliance for the monitoring requirements in § 63.10686(e), signed by a responsible official: “This facility has developed and submitted proposed monitoring information in accordance with 40 CFR part 64”.


§ 63.10691 Who implements and enforces this subpart?

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


(b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under 40 CFR part 63, subpart E, the authorities contained in paragraph (c) of this section are retained by the 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 listed in paragraphs (c)(1) through (6) of this section.


(1) Approval of an alternative non-opacity emissions standard under 40 CFR 63.6(g).


(2) Approval of an alternative opacity emissions standard under § 63.6(h)(9).


(3) Approval of a major change to test methods under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in 40 CFR 63.90.


(4) Approval of major change to monitoring under 40 CFR 63.8(f). A “major change to monitoring” is defined in 40 CFR 63.90.


(5) Approval of a major change to recordkeeping/reporting under 40 CFR 63.10(f). A “major change to recordkeeping/reporting” is defined in 40 CFR 63.90.


(6) Approval of a program for the removal of mercury switches under § 63.10685(b)(2).


§ 63.10692 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in § 63.2, and in this section as follows:


Argon-oxygen decarburization (AOD) vessel means any closed-bottom, refractory-lined converter vessel with submerged tuyeres through which gaseous mixtures containing argon and oxygen or nitrogen may be blown into molten steel for further refining.


Capture system means the equipment (including ducts, hoods, fans, dampers, etc.) used to capture or transport emissions generated by an electric arc furnace or argon-oxygen decarburization vessel to the air pollution control device.


Chlorinated plastics means solid polymeric materials that contain chlorine in the polymer chain, such as polyvinyl chloride (PVC) and PVC copolymers.


Control device means the air pollution control equipment used to remove particulate matter from the effluent gas stream generated by an electric arc furnace or argon-oxygen decarburization vessel.


Deviation means any instance where 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 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 in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart.


Electric arc furnace (EAF) means a furnace that produces molten steel and heats the charge materials with electric arcs from carbon electrodes. An electric arc furnace consists of the furnace shell, roof, and the transformer.


Electric arc furnace (EAF) steelmaking facility means a steel plant that produces carbon, alloy, or specialty steels using an EAF. This definition excludes EAF steelmaking facilities at steel foundries and EAF facilities used to produce nonferrous metals.


Free organic liquids means material that fails the paint filter test by EPA Method 9095B, (revision 2, dated November 1994) (incorporated by reference – see § 63.14) after accounting for water using a moisture determination test by ASTM Method D2216-05 (incorporated by reference – see § 63.14). If, after conducting a moisture determination test, if any portion of the material passes through and drops from the filter within the 5-minute test period, the material contains free organic liquids.


Leaded steel means steel that must meet a minimum specification for lead content (typically 0.25 percent or more) and for which lead is a necessary alloy for that grade of steel.


Mercury switch means each mercury-containing capsule or switch assembly that is part of a convenience light switch mechanism installed in a vehicle.


Motor vehicle means an automotive vehicle not operated on rails and usually operated with rubber tires for use on highways.


Motor vehicle scrap means vehicle or automobile bodies, including automobile body hulks, that have been processed through a shredder. Motor vehicle scrap does not include automobile manufacturing bundles, or miscellaneous vehicle parts, such as wheels, bumpers or other components that do not contain mercury switches.


Nonferrous metals means any pure metal other than iron or any metal alloy for which an element other than iron is its major constituent by percent in weight.


Scrap provider means the person (including a broker) who contracts directly with a steel mill to provide scrap that contains motor vehicle scrap. Scrap processors such as shredder operators or vehicle dismantlers that do not sell scrap directly to a steel mill are not scrap providers.


Specialty steel means low carbon and high alloy steel other than stainless steel that is processed in an argon-oxygen decarburization vessel.


Stainless steel means low carbon steel that contains at least 10.5 percent chromium.


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

As required in § 63.10691(a), 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 YYYYY?
Explanation
§ 63.1(a)(1), (a)(2), (a)(3), (a)(4), (a)(6), (a)(10)-(a)(12), (b)(1), (b)(3), (c)(1), (c)(2), (c)(5), (e)ApplicabilityYes
§ 63.1(a)(5), (a)(7)-(a)(9), (b)(2), (c)(3), (c)(4), (d)ReservedNo
§ 63.2DefinitionsYes
§ 63.3Units and AbbreviationsYes
§ 63.4Prohibited Activities and CircumventionYes
§ 63.5Preconstruction Review and Notification RequirementsYes
§ 63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1), (c)(2), (c)(5), (e)(1), (e)(3)(i), (e)(3)(iii)-(e)(3)(ix), (f), (g), (h)(1), (h)(2), (h)(5)-(h)(9), (i), (j)Compliance with Standards and Maintenance RequirementsYes
§ 63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), (e)(3)(ii), (h)(3), (h)(5)(iv)ReservedNo
§ 63.7Applicability and Performance Test DatesYes
§ 63.8(a)(1), (a)(2), (b), (c), (d), (e), (f)(1)-(5), (g)Monitoring RequirementsYesRequirements apply if a COMS or CEMS is used.
§ 63.8(a)(3)[Reserved]No
§ 63.8(a)(4)Additional Monitoring Requirements for Control Devices in § 63.11No
§ 63.8(c)(4)Continuous Monitoring System RequirementsYesRequirements apply if a COMS or CEMS is used.
§ 63.8(f)(6)RATA AlternativeYesRequirements apply if a CEMS is used.
§ 63.9(a), (b)(1), (b)(2), (b)(5), (c), (d), (f), (g), (h)(1)-(h)(3), (h)(5), (h)(6), (i), (j)Notification RequirementsYes
§ 63.9(b)(3), (h)(4)ReservedNo
§ 63.9(b)(4)No
§ 63.10(a), (b)(1), (b)(2)(i)-(v), (b)(2)(xiv), (b)(3), (c)(1), (c)(5)-(c)(8), (c)(10)-(c)(15), (d), (e)(1)-(e)(4), (f)Recordkeeping and Reporting RequirementsYesAdditional records for CMS in § 63.10(c) (1)-(6), (9)-(15), and reports in § 63.10(d)(1)-(2) apply if a COMS or CEMS is used.
§ 63.10(b)(2)(xiii)CMS Records for RATA AlternativeYesRequirements apply if a CEMS is used.
§ 63.10(c)(2)-(c)(4), (c)(9)ReservedNo
§ 63.11Control Device RequirementsNo
§ 63.12State Authority and DelegationsYes
§§ 63.13-63.16Addresses, Incorporations by Reference, Availability of Information, Performance Track ProvisionsYes

Subpart ZZZZZ – National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources


Source:73 FR 252, Jan. 2, 2008, unless otherwise noted.

Applicability and Compliance Dates

§ 63.10880 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate an iron and steel foundry that is an area source of hazardous air pollutant (HAP) emissions.


(b) This subpart applies to each new or existing affected source. The affected source is each iron and steel foundry.


(1) An affected source is existing if you commenced construction or reconstruction of the affected source before September 17, 2007.


(2) An affected source is new if you commenced construction or reconstruction of the affected source on or after September 17, 2007. If an affected source is not new pursuant to the preceding sentence, it is not new as a result of a change in its compliance obligations pursuant to § 63.10881(d).


(c) On and after January 2, 2008, if your iron and steel foundry becomes a major source as defined in § 63.2, you must meet the requirements of 40 CFR part 63, subpart EEEEE.


(d) This subpart does not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air Act.


(e) You are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, provided you are not otherwise required by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a). Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart.


(f) If you own or operate an existing affected source, you must determine the initial applicability of the requirements of this subpart to a small foundry or a large foundry based on your facility’s metal melt production for calendar year 2008. If the metal melt production for calendar year 2008 is 20,000 tons or less, your area source is a small foundry. If your metal melt production for calendar year 2008 is greater than 20,000 tons, your area source is a large foundry. You must submit a written notification to the Administrator that identifies your area source as a small foundry or a large foundry no later than January 2, 2009.


(g) If you own or operate a new affected source, you must determine the initial applicability of the requirements of this subpart to a small foundry or a large foundry based on your facility’s annual metal melting capacity at startup. If the annual metal melting capacity is 10,000 tons or less, your area source is a small foundry. If the annual metal melting capacity is greater than 10,000 tons, your area source is a large foundry. You must submit a written notification to the Administrator that identifies your area source as a small foundry or a large foundry no later than 120 days after startup.


§ 63.10881 What are my compliance dates?

(a) If you own or operate an existing affected source, you must achieve compliance with the applicable provisions of this subpart by the dates in paragraphs (a)(1) through (3) of this section.


(1) Not later than January 2, 2009 for the pollution prevention management practices for metallic scrap in § 63.10885(a) and binder formulations in § 63.10886.


(2) Not later than January 4, 2010 for the pollution prevention management practices for mercury in § 63.10885(b).


(3) Except as provided in paragraph (d) of this section, not later than 2 years after the date of your large foundry’s notification of the initial determination required in § 63.10880(f) for the standards and management practices in § 63.10895.


(b) If you have a new affected source for which the initial startup date is on or before January 2, 2008, you must achieve compliance with the provisions of this subpart not later than January 2, 2008.


(c) If you own or operate a new affected source for which the initial startup date is after January 2, 2008, you must achieve compliance with the provisions of this subpart upon startup of your affected source.


(d) Following the initial determination for an existing affected source required in § 63.10880(f),


(1) Beginning January 1, 2010, if the annual metal melt production of your small foundry exceeds 20,000 tons during the preceding calendar year, you must submit a notification of foundry reclassification to the Administrator within 30 days and comply with the requirements in paragraphs (d)(1)(i) or (ii) of this section, as applicable.


(i) If your small foundry has never been classified as a large foundry, you must comply with the requirements for a large foundry no later than 2 years after the date of your foundry’s notification that the annual metal melt production exceeded 20,000 tons.


(ii) If your small foundry had previously been classified as a large foundry, you must comply with the requirements for a large foundry no later than the date of your foundry’s most recent notification that the annual metal melt production exceeded 20,000 tons.


(2) If your facility is initially classified as a large foundry (or your small foundry subsequently becomes a large foundry), you must comply with the requirements for a large foundry for at least 3 years before reclassifying your facility as a small foundry, even if your annual metal melt production falls below 20,000 tons. After 3 years, you may reclassify your facility as a small foundry provided your annual metal melt production for the preceding calendar year was 20,000 tons or less. If you reclassify your large foundry as a small foundry, you must submit a notification of reclassification to the Administrator within 30 days and comply with the requirements for a small foundry no later than the date you notify the Administrator of the reclassification. If the annual metal melt production exceeds 20,000 tons during a subsequent year, you must submit a notification of reclassification to the Administrator within 30 days and comply with the requirements for a large foundry no later than the date you notify the Administrator of the reclassification.


(e) Following the initial determination for a new affected source required in § 63.10880(g),


(1) If you increase the annual metal melt capacity of your small foundry to exceed 10,000 tons, you must submit a notification of reclassification to the Administrator within 30 days and comply with the requirements for a large foundry no later than the startup date for the new equipment, if applicable, or the date of issuance for your revised State or Federal operating permit.


(2) If your facility is initially classified as a large foundry (or your small foundry subsequently becomes a large foundry), you must comply with the requirements for a large foundry for at least 3 years before reclassifying your facility as a small foundry. After 3 years, you may reclassify your facility as a small foundry provided your most recent annual metal melt capacity is 10,000 tons or less. If you reclassify your large foundry as a small foundry, you must notify the Administrator within 30 days and comply with the requirements for a small foundry no later than the date your melting equipment was removed or taken out of service, if applicable, or the date of issuance for your revised State or Federal operating permit.


Pollution Prevention Management Practices for New and Existing Affected Sources

§ 63.10885 What are my management practices for metallic scrap and mercury switches?

(a) Metallic scrap management program. For each segregated metallic scrap storage area, bin or pile, you must comply with the materials acquisition requirements in paragraph (a)(1) or (2) of this section. You must keep a copy of the material specifications onsite and readily available to all personnel with material acquisition duties, and provide a copy to each of your scrap providers. You may have certain scrap subject to paragraph (a)(1) of this section and other scrap subject to paragraph (a)(2) of this section at your facility provided the metallic scrap remains segregated until charge make-up.


(1) Restricted metallic scrap. You must prepare and operate at all times according to written material specifications for the purchase and use of 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, chlorinated plastics, or free liquids. For the purpose of this subpart, “free liquids” is defined as material that fails the paint filter test by EPA Method 9095B, “Paint Filter Liquids Test” (revision 2), November 2004 (incorporated by reference – see § 63.14). The requirements for no free liquids do not apply if the owner or operator can demonstrate that the free liquid is water that resulted from scrap exposure to rain. 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.


(2) General iron and steel scrap. You must prepare and operate at all times according to written material specifications for the purchase and use of only iron and steel scrap that has been depleted (to the extent practicable) of organics and HAP metals in the charge materials used by the iron and steel foundry. The materials specifications must include at minimum the information specified in paragraph (a)(2)(i) or (ii) of this section.


(i) Except as provided in paragraph (a)(2)(ii) of this section, specifications for metallic scrap materials charged to a scrap preheater or metal melting furnace to be depleted (to the extent practicable) of the presence of used oil filters, chlorinated plastic parts, accessible lead-containing components (such as batteries and wheel weights), and a program to ensure the scrap materials are drained of free liquids.


(ii) For scrap charged to a cupola metal melting furnace that is equipped with an afterburner, specifications for metallic scrap materials to be depleted (to the extent practicable) of the presence of chlorinated plastics, accessible lead-containing components (such as batteries and wheel weights), and a program to ensure the scrap materials are drained of free liquids.


(b) Mercury requirements. For scrap containing motor vehicle scrap, you must procure the scrap pursuant to one of the compliance options in paragraphs (b)(1), (2), or (3) of this section for each scrap provider, contract, or shipment. For scrap that does not contain motor vehicle scrap, you must procure the scrap pursuant to the requirements in paragraph (b)(4) of this section for each scrap provider, contract, or shipment. You may have one scrap provider, contract, or shipment subject to one compliance provision and others subject to another compliance provision.


(1) Site-specific plan for mercury switches. You must comply with the requirements in paragraphs (b)(1)(i) through (v) of this section.


(i) You must include a requirement in your scrap specifications for removal of mercury switches from vehicle bodies used to make the scrap.


(ii) You must prepare and operate according to a plan demonstrating how your facility will implement the scrap specification in paragraph (b)(1)(i) of this section for removal of mercury switches. You must submit the plan to the Administrator for approval. You must operate according to the plan as submitted during the review and approval process, operate according to the approved plan at all times after approval, and address any deficiency identified by the Administrator or delegated authority within 60 days following disapproval of a plan. You may request approval to revise the plan and may operate according to the revised plan unless and until the revision is disapproved by the Administrator or delegated authority. The Administrator or delegated authority may change the approval status of the plan upon 90-days written notice based upon the semiannual report or other information. The plan must include:


(A) A means of communicating to scrap purchasers and scrap providers the need to obtain or provide motor vehicle scrap from which mercury switches have been removed and the need to ensure the proper management of the mercury switches removed from the scrap as required under the rules implementing subtitle C of the Resource Conservation and Recovery Act (RCRA) (40 CFR parts 261 through 265 and 268). The plan must include documentation of direction to appropriate staff to communicate to suppliers throughout the scrap supply chain the need to promote the removal of mercury switches from end-of-life vehicles. Upon the request of the Administrator or delegated authority, you must provide examples of materials that are used for outreach to suppliers, such as letters, contract language, policies for purchasing agents, and scrap inspection protocols;


(B) Provisions for obtaining assurance from scrap providers motor vehicle scrap provided to the facility meet the scrap specification;


(C) Provisions for periodic inspections or other means of corroboration to ensure that scrap providers and dismantlers are implementing appropriate steps to minimize the presence of mercury switches in motor vehicle scrap and that the mercury switches removed are being properly managed, including the minimum frequency such means of corroboration will be implemented; and


(D) Provisions for taking corrective actions (i.e., actions resulting in scrap providers removing a higher percentage of mercury switches or other mercury-containing components) if needed, based on the results of procedures implemented in paragraph (b)(1)(ii)(C) of this section).


(iii) You must require each motor vehicle scrap provider to provide an estimate of the number of mercury switches removed from motor vehicle scrap sent to the facility during the previous year and the basis for the estimate. The Administrator may request documentation or additional information at any time.


(iv) You must establish a goal for each scrap supplier to remove at least 80 percent of the mercury switches. Although a site-specific plan approved under paragraph (b)(1) of this section may require only the removal of convenience light switch mechanisms, the Administrator will credit all documented and verifiable mercury-containing components removed from motor vehicle scrap (such as sensors in anti-locking brake systems, security systems, active ride control, and other applications) when evaluating progress towards the 80 percent goal.


(v) For each scrap provider, you must submit semiannual progress reports to the Administrator that provide the number of mercury switches removed or the weight of mercury recovered from the switches, the estimated number of vehicles processed, an estimate of the percent of mercury switches removed, and certification that the removed mercury switches were recycled at RCRA-permitted facilities or otherwise properly managed pursuant to RCRA subtitle C regulations referenced in paragraph (b)(1)(ii)(A) of this section. This information can be submitted in aggregate form and does not have to be submitted for each shipment. The Administrator may change the approval status of a site-specific plan following 90-days notice based on the progress reports or other information.


(2) Option for approved mercury programs. You must certify in your notification of compliance status that you participate in and purchase motor vehicle scrap only from scrap providers who participate in a program for removal of mercury switches that has been approved by the Administrator based on the criteria in paragraphs (b)(2)(i) through (iii) of this section. If you purchase motor vehicle scrap from a broker, you must certify that all scrap received from that broker was obtained from other scrap providers who participate in a program for the removal of mercury switches that has been approved by the Administrator based on the criteria in paragraphs (b)(2)(i) through (iii) of this section. The National Mercury Switch Recovery Program and the State of Maine Mercury Switch Removal Program are EPA-approved programs under paragraph (b)(2) of this section unless and until the Administrator disapproves the program (in part or in whole) under paragraph (b)(2)(iii) of this section.


(i) The program includes outreach that informs the dismantlers of the need for removal of mercury switches and provides training and guidance for removing mercury switches;


(ii) The program has a goal to remove at least 80 percent of mercury switches from motor vehicle scrap the scrap provider processes. Although a program approved under paragraph (b)(2) of this section may require only the removal of convenience light switch mechanisms, the Administrator will credit all documented and verifiable mercury-containing components removed from motor vehicle scrap (such as sensors in anti-locking brake systems, security systems, active ride control, and other applications) when evaluating progress towards the 80 percent goal; and


(iii) The program sponsor agrees to submit progress reports to the Administrator no less frequently than once every year that provide the number of mercury switches removed or the weight of mercury recovered from the switches, the estimated number of vehicles processed, an estimate of the percent of mercury switches recovered, and certification that the recovered mercury switches were recycled at facilities with permits as required under the rules implementing subtitle C of RCRA (40 CFR parts 261 through 265 and 268). The progress reports must be based on a database that includes data for each program participant; however, data may be aggregated at the State level for progress reports that will be publicly available. The Administrator may change the approval status of a program or portion of a program (e.g., at the State level) following 90-days notice based on the progress reports or on other information.


(iv) You must develop and maintain onsite a plan demonstrating the manner through which your facility is participating in the EPA-approved program.


(A) The plan must include facility-specific implementation elements, corporate-wide policies, and/or efforts coordinated by a trade association as appropriate for each facility.


(B) You must provide in the plan documentation of direction to appropriate staff to communicate to suppliers throughout the scrap supply chain the need to promote the removal or mercury switches from end-of-life vehicles. Upon the request of the Administrator or delegated authority, you must provide examples of materials that are used for outreach to suppliers, such as letters, contract language, policies for purchasing agents, and scrap inspection protocols.


(C) You must conduct periodic inspections or other means of corroboration to ensure that scrap providers are aware of the need for and are implementing appropriate steps to minimize the presence of mercury in scrap from end-of-life vehicles.


(3) Option for specialty metal scrap. You must certify in your notification of compliance status and maintain records of documentation that the only materials from motor vehicles in the scrap are materials recovered for their specialty alloy (including, but not limited to, chromium, nickel, molybdenum, or other alloys) content (such as certain exhaust systems) and, based on the nature of the scrap and purchase specifications, that the type of scrap is not reasonably expected to contain mercury switches.


(4) Scrap that does not contain motor vehicle scrap. For scrap not subject to the requirements in paragraphs (b)(1) through (3) of this section, you must certify in your notification of compliance status and maintain records of documentation that this scrap does not contain motor vehicle scrap.


[73 FR 252, Jan. 2, 2008, as amended at 85 FR 56101, Sept. 10, 2020]


§ 63.10886 What are my management practices for binder formulations?

For each furfuryl alcohol warm box mold or core making line at a new or existing iron and steel foundry, you must use a binder chemical formulation that does not use methanol as a specific ingredient of the catalyst formulation. This requirement does not apply to the resin portion of the binder system.


Requirements for New and Existing Affected Sources Classified as Small Foundries

§ 63.10890 What are my management practices and compliance requirements?

(a) You must comply with the pollution prevention management practices for metallic scrap and mercury switches in § 63.10885 and binder formulations in § 63.10886.


(b) You must submit an initial notification of applicability according to § 63.9(b)(2).


(c) You must submit a notification of compliance status according to § 63.9(h)(2)(i). You must send the notification of compliance status before the close of business on the 30th day after the applicable compliance date specified in § 63.10881. The notification must include the following compliance certifications, as applicable:


(1) “This facility has prepared, and will operate by, written material specifications for metallic scrap according to § 63.10885(a)(1)” and/or “This facility has prepared, and will operate by, written material specifications for general iron and steel scrap according to § 63.10885(a)(2).”


(2) “This facility has prepared, and will operate by, written material specifications for the removal of mercury switches and a site-specific plan implementing the material specifications according to § 63.10885(b)(1) and/or “This facility participates in and purchases motor vehicle scrap only from scrap providers who participate in a program for removal of mercury switches that has been approved by the Administrator according to § 63.10885(b)(2) and has prepared a plan for participation in the EPA-approved program according to § 63.10885(b)(2)(iv)” and/or “The only materials from motor vehicles in the scrap charged to a metal melting furnace at this facility are materials recovered for their specialty alloy content in accordance with § 63.10885(b)(3) which are not reasonably expected to contain mercury switches” and/or “This facility complies with the requirements for scrap that does not contain motor vehicle scrap in accordance with § 63.10885(b)(4).”


(3) “This facility complies with the no methanol requirement for the catalyst portion of each binder chemical formulation for a furfuryl alcohol warm box mold or core making line according to § 63.10886.”


(d) As required by § 63.10(b)(1), you must maintain files of all information (including all reports and notifications) for at least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. At a minimum, the most recent 2 years of data shall be retained on site. The remaining 3 years of data may be retained off site. Such files may be maintained on microfilm, on a computer, on computer floppy disks, on magnetic tape disks, or on microfiche. Any records required to be maintained by this part that are submitted electronically via the EPA’s Compliance and Emissions Data Reporting Interface (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 the EPA as part of an on-site compliance evaluation.


(e) You must maintain records of the information specified in paragraphs (e)(1) through (7) of this section according to the requirements in § 63.10(b)(1).


(1) Records supporting your initial notification of applicability and your notification of compliance status according to § 63.10(b)(2)(xiv).


(2) Records of your written materials specifications according to § 63.10885(a) and records that demonstrate compliance with the requirements for restricted metallic scrap in § 63.10885(a)(1) and/or for the use of general scrap in § 63.10885(a)(2) and for mercury in § 63.10885(b)(1) through (3), as applicable. You must keep records documenting compliance with § 63.10885(b)(4) for scrap that does not contain motor vehicle scrap.


(3) If you are subject to the requirements for a site-specific plan for mercury switch removal under § 63.10885(b)(1), you must maintain records of the number of mercury switches removed or the weight of mercury recovered from the switches and properly managed, the estimated number of vehicles processed, and an estimate of the percent of mercury switches recovered.


(4) If you are subject to the option for approved mercury programs under § 63.10885(b)(2), you must maintain records identifying each scrap provider and documenting the scrap provider’s participation in an approved mercury switch removal program. If you purchase motor vehicle scrap from a broker, you must maintain records identifying each broker and documentation that all scrap provided by the broker was obtained from other scrap providers who participate in an approved mercury switch removal program.


(5) Records to document use of binder chemical formulation that does not contain methanol as a specific ingredient of the catalyst formulation for each furfuryl alcohol warm box mold or core making line as required by § 63.10886. These records must be the Material Safety Data Sheet (provided that it contains appropriate information), a certified product data sheet, or a manufacturer’s hazardous air pollutant data sheet.


(6) Records of the annual quantity and composition of each HAP-containing chemical binder or coating material used to make molds and cores. These records must be copies of purchasing records, Material Safety Data Sheets, or other documentation that provides information on the binder or coating materials used.


(7) Records of metal melt production for each calendar year.


(f) You must submit semiannual compliance reports to the Administrator according to the requirements in § 63.10899(c), (f), and (g), except that § 63.10899(c)(5) and (7) do not apply.


(g) You must submit a written notification to the Administrator of the initial classification of your facility as a small foundry as required in § 63.10880(f) and (g), as applicable, and for any subsequent reclassification as required in § 63.10881(d)(1) or (e), as applicable.


(h) Following the initial determination for an existing affected source as a small foundry, if the annual metal melt production exceeds 20,000 tons during the preceding year, you must comply with the requirements for large foundries by the applicable dates in § 63.10881(d)(1)(i) or (d)(1)(ii). Following the initial determination for a new affected source as a small foundry, if you increase the annual metal melt capacity to exceed 10,000 tons, you must comply with the requirements for a large foundry by the applicable dates in § 63.10881(e)(1).


(i) 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.


(j) You must comply with the following requirements of the general provisions in subpart A of this part: §§ 63.1 through 63.5; § 63.6(a), (b), and (c); § 63.9; § 63.10(a), (b)(1), (b)(2)(xiv), (b)(3), (d)(1) and (4), and (f); and §§ 63.13 through 63.16. Requirements of the general provisions not cited in the preceding sentence do not apply to the owner or operator of a new or existing affected source that is classified as a small foundry.


[73 FR 252, Jan. 2, 2008, as amended at 85 FR 56101, Sept. 10, 2020]


Requirements for New and Existing Affected Sources Classified as Large Iron and Steel Foundries

§ 63.10895 What are my standards and management practices?

(a) If you own or operate an affected source that is a large foundry as defined in § 63.10906, you must comply with the pollution prevention management practices in §§ 63.10885 and 63.10886, the requirements in paragraphs (b) through (e) of this section, and the requirements in §§ 63.10896 through 63.10900.


(b) You must operate a capture and collection system for each metal melting furnace at a new or existing iron and steel foundry unless that furnace is specifically uncontrolled as part of an emissions averaging group. Each capture and collection system must meet accepted engineering standards, such as those published by the American Conference of Governmental Industrial Hygienists.


(c) You must not discharge to the atmosphere emissions from any metal melting furnace or group of all metal melting furnaces that exceed the applicable limit in paragraph (c)(1) or (2) of this section. When an alternative emissions limit is provided for a given emissions source, you are not restricted in the selection of which applicable alternative emissions limit is used to demonstrate compliance.


(1) For an existing iron and steel foundry, 0.8 pounds of particulate matter (PM) per ton of metal charged or 0.06 pounds of total metal HAP per ton of metal charged.


(2) For a new iron and steel foundry, 0.1 pounds of PM per ton of metal charged or 0.008 pounds of total metal HAP per ton of metal charged.


(d) If you own or operate a new affected source, you must comply with each control device parameter operating limit in paragraphs (d)(1) and (2) of this section that applies to you.


(1) For each wet scrubber applied to emissions from a metal melting furnace, you must maintain the 3-hour average pressure drop and scrubber water flow rate at or above the minimum levels established during the initial or subsequent performance test.


(2) For each electrostatic precipitator applied to emissions from a metal melting furnace, you must maintain the voltage and secondary current (or total power input) to the control device at or above the level established during the initial or subsequent performance test.


(e) If you own or operate a new or existing iron and steel foundry, you must not discharge to the atmosphere fugitive emissions 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 30 percent.


§ 63.10896 What are my operation and maintenance requirements?

(a) You must prepare and operate at all times according to a written operation and maintenance (O&M) plan for each control device for an emissions source subject to a PM, metal HAP, or opacity emissions limit in § 63.10895. You must maintain a copy of the O&M plan at the facility and make it available for review upon request. At a minimum, each plan must contain the following information:


(1) General facility and contact information;


(2) Positions responsible for inspecting, maintaining, and repairing emissions control devices which are used to comply with this subpart;


(3) Description of items, equipment, and conditions that will be inspected, including an inspection schedule for the items, equipment, and conditions. For baghouses that are equipped with bag leak detection systems, the O&M plan must include the site-specific monitoring plan required in § 63.10897(d)(2).


(4) Identity and estimated quantity of the replacement parts that will be maintained in inventory; and


(5) For a new affected source, procedures for operating and maintaining a CPMS in accordance with manufacturer’s specifications.


(b) You may use any other O&M, preventative maintenance, or similar plan which addresses the requirements in paragraph (a)(1) through (5) of this section to demonstrate compliance with the requirements for an O&M plan.


(c) 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.


[73 FR 252, Jan. 2, 2008, as amended at 85 FR 56101, Sept. 10, 2020]


§ 63.10897 What are my monitoring requirements?

(a) You must conduct an initial inspection of each PM control device for a metal melting furnace at an existing affected source. You must conduct each initial inspection no later than 60 days after your applicable compliance date for each installed control device which has been operated within 60 days of the compliance date. For an installed control device which has not operated within 60 days of the compliance date, you must conduct an initial inspection prior to startup of the control device. Following the initial inspections, you must perform periodic inspections and maintenance of each PM control device for a metal melting furnace at an existing affected source. You must perform the initial and periodic inspections according to the requirements in paragraphs (a)(1) through (4) of this section. You must record the results of each initial and periodic inspection and any maintenance action in the logbook required in § 63.10899(b)(13).


(1) For the initial inspection of each baghouse, you must visually inspect the system ductwork and baghouse units for leaks. You must also inspect the inside of each baghouse for structural integrity and fabric filter condition. Following the initial inspections, you must inspect and maintain each baghouse according to the requirements in paragraphs (a)(1)(i) and (ii) of this section.


(i) You must conduct monthly visual inspections of the system ductwork for leaks.


(ii) You must conduct inspections of the interior of the baghouse for structural integrity and to determine the condition of the fabric filter every 6 months.


(2) For the initial inspection of each dry electrostatic precipitator, you must verify the proper functioning of the electronic controls for corona power and rapper operation, that the corona wires are energized, and that adequate air pressure is present on the rapper manifold. You must also visually inspect the system ductwork and electrostatic housing unit and hopper for leaks and inspect the interior of the electrostatic precipitator to determine the condition and integrity of corona wires, collection plates, hopper, and air diffuser plates. Following the initial inspection, you must inspect and maintain each dry electrostatic precipitator according to the requirements in paragraphs (a)(2)(i) through (iii) of this section.


(i) You must conduct a daily inspection to verify the proper functioning of the electronic controls for corona power and rapper operation, that the corona wires are energized, and that adequate air pressure is present on the rapper manifold.


(ii) You must conduct monthly visual inspections of the system ductwork, housing unit, and hopper for leaks.


(iii) You must conduct inspections of the interior of the electrostatic precipitator to determine the condition and integrity of corona wires, collection plates, plate rappers, hopper, and air diffuser plates every 24 months.


(3) For the initial inspection of each wet electrostatic precipitator, you must verify the proper functioning of the electronic controls for corona power, that the corona wires are energized, and that water flow is present. You must also visually inspect the system ductwork and electrostatic precipitator housing unit and hopper for leaks and inspect the interior of the electrostatic precipitator to determine the condition and integrity of corona wires, collection plates, plate wash spray heads, hopper, and air diffuser plates. Following the initial inspection, you must inspect and maintain each wet electrostatic precipitator according to the requirements in paragraphs (a)(3)(i) through (iii) of this section.


(i) You must conduct a daily inspection to verify the proper functioning of the electronic controls for corona power, that the corona wires are energized, and that water flow is present.


(ii) You must conduct monthly visual inspections of the system ductwork, electrostatic precipitator housing unit, and hopper for leaks.


(iii) You must conduct inspections of the interior of the electrostatic precipitator to determine the condition and integrity of corona wires, collection plates, plate wash spray heads, hopper, and air diffuser plates every 24 months.


(4) For the initial inspection of each wet scrubber, you must verify the presence of water flow to the scrubber. You must also visually inspect the system ductwork and scrubber unit for leaks and inspect the interior of the scrubber for structural integrity and the condition of the demister and spray nozzle. Following the initial inspection, you must inspect and maintain each wet scrubber according to the requirements in paragraphs (a)(4)(i) through (iii) of this section.


(i) You must conduct a daily inspection to verify the presence of water flow to the scrubber.


(ii) You must conduct monthly visual inspections of the system ductwork and scrubber unit for leaks.


(iii) You must conduct inspections of the interior of the scrubber to determine the structural integrity and condition of the demister and spray nozzle every 12 months.


(b) For each wet scrubber applied to emissions from a metal melting furnace at a new affected source, you must use a continuous parameter monitoring system (CPMS) to measure and record the 3-hour average pressure drop and scrubber water flow rate.


(c) For each electrostatic precipitator applied to emissions from a metal melting furnace at a new affected source, you must measure and record the hourly average voltage and secondary current (or total power input) using a CPMS.


(d) If you own or operate an existing affected source, you may install, operate, and maintain a bag leak detection system for each negative pressure baghouse or positive pressure baghouse as an alternative to the baghouse inspection requirements in paragraph (a)(1) of this section. If you own or operate a new affected source, you must install, operate, and maintain a bag leak detection system for each negative pressure baghouse or positive pressure baghouse. You must install, operate, and maintain each bag leak detection system according to the requirements in paragraphs (d)(1) through (3) of this section.


(1) Each bag leak detection system must meet the requirements in paragraphs (d)(1)(i) through (vii) of this section.


(i) 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.


(ii) 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 a strip chart recorder, data logger, or other means.


(iii) 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.


(iv) 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. If the system is equipped with an alarm delay time feature, you also must adjust the alarm delay time.


(v) Following the initial adjustment, do not adjust the sensitivity or range, averaging period, alarm set point, or alarm delay time. 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 monitoring plan required by paragraph (d)(2) of this section.


(vi) For negative pressure baghouses, 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.


(vii) Where multiple detectors are required, the system’s instrumentation and alarm may be shared among detectors.


(2) You must prepare a site-specific monitoring plan for each bag leak detection system to be incorporated in your O&M plan. You must operate and maintain each bag leak detection system according to the plan at all times. Each plan must address all of the items identified in paragraphs (d)(2)(i) through (vi) 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) Maintenance of the bag leak detection system including a routine maintenance schedule and spare parts inventory list.


(v) How the bag leak detection system output will be recorded and stored.


(vi) Procedures for determining what corrective actions are necessary in the event of a bag leak detection alarm as required in paragraph (d)(3) of this section.


(3) In the event that 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 corrective action as soon as practicable, but no later than 10 calendar days from the date of the alarm. You must record the date and time of each valid alarm, the time you initiated corrective action, the corrective action taken, and the date on which corrective action was completed. Corrective actions may include, but are not limited to:


(i) Inspecting the bag house 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 department.


(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.


(e) You must make 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). You must repair any defect or deficiency in the capture system as soon as practicable, but no later than 90 days. You must record the date and results of each inspection and the date of repair of any defect or deficiency.


(f) You must install, operate, and maintain each CPMS or other measurement device according to your O&M plan. You must record all information needed to document conformance with these requirements.


(g) In the event of an exceedance of an established emissions limitation (including an operating limit), you must restore operation of the emissions source (including the control device and associated capture system) to its normal or usual manner or operation as expeditiously as practicable in accordance with good air pollution control practices for minimizing emissions. The response shall include taking any necessary corrective actions to restore normal operation and prevent the likely recurrence of the exceedance. You must record the date and time corrective action was initiated, the corrective action taken, and the date corrective action was completed.


(h) If you choose to comply with an emissions limit in § 63.10895(c) using emissions averaging, you must calculate and record for each calendar month the pounds of PM or total metal HAP per ton of metal melted from the group of all metal melting furnaces at your foundry. You must calculate and record the weighted average pounds per ton emissions rate for the group of all metal melting furnaces at the foundry determined from the performance test procedures in § 63.10898(d) and (e).


[73 FR 252, Jan. 2, 2008, as amended at 85 FR 56102, Sept. 10, 2020]


§ 63.10898 What are my performance test requirements?

(a) You must conduct a performance test to demonstrate initial compliance with the applicable emissions limits for each metal melting furnace or group of all metal melting furnaces that is subject to an emissions limit in § 63.10895(c) and for each building or structure housing foundry operations that is subject to the opacity limit for fugitive emissions in § 63.10895(e). You must conduct the test within 180 days of your compliance date and report the results in your notification of compliance status.


(1) If you own or operate an existing iron and steel foundry, you may choose to submit the results of a prior performance test for PM or total metal HAP that demonstrates compliance with the applicable emissions limit for a metal melting furnace or group of all metal melting furnaces provided the test was conducted within the last 5 years using the methods and procedures specified in this subpart and either no process changes have been made since the test, or you can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance with the applicable emissions limit despite such process changes.


(2) If you own or operate an existing iron and steel foundry and you choose to submit the results of a prior performance test according to paragraph (a)(1) of this section, you must submit a written notification to the Administrator of your intent to use the previous test data no later than 60 days after your compliance date. The notification must contain a full copy of the performance test and contain information to demonstrate, if applicable, that either no process changes have been made since the test, or that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite such process changes.


(3) If you have an electric induction furnace equipped with an emissions control device at an existing foundry, you may use the test results from another electric induction furnace to demonstrate compliance with the applicable PM or total metal HAP emissions limit in § 63.10895(c) provided the furnaces are similar with respect to the type of emission control device that is used, the composition of the scrap charged, furnace size, and furnace melting temperature.


(4) If you have an uncontrolled electric induction furnace at an existing foundry, you may use the test results from another electric induction furnace to demonstrate compliance with the applicable PM or total metal HAP emissions limit in § 63.10895(c) provided the test results are prior to any control device and the electric induction furnaces are similar with respect to the composition of the scrap charged, furnace size, and furnace melting temperature.


(5) For electric induction furnaces that do not have emission capture systems, you may install a temporary enclosure for the purpose of representative sampling of emissions. A permanent enclosure and capture system is not required for the purpose of the performance test.


(b) You must conduct subsequent performance tests to demonstrate compliance with all applicable PM or total metal HAP emissions limits in § 63.10895(c) for a metal melting furnace or group of all metal melting furnaces no less frequently than every 5 years and each time you elect to change an operating limit or make a process change likely to increase HAP emissions.


(c) You must conduct each performance test under conditions representative of normal operations according to the requirements in Table 1 to this subpart and paragraphs (d) through (g) of this section. Normal operating 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.


(d) To determine compliance with the applicable PM or total metal HAP emissions limit in § 63.10895(c) for a metal melting furnace in a lb/ton of metal charged format, compute the process-weighted mass emissions (E
p) for each test run using Equation 1 of this section:





Where:

Ep = Process-weighted mass emissions rate of PM or total metal HAP, pounds of PM or total metal HAP per ton (lb/ton) of metal charged;

C = Concentration of PM or total metal HAP measured during performance test run, grains per dry standard cubic foot (gr/dscf);

Q = Volumetric flow rate of exhaust gas, dry standard cubic feet per hour (dscf/hr);

T = Total time during a test run that a sample is withdrawn from the stack during melt production cycle, hr;

P = Total amount of metal charged during the test run, tons; and

K = Conversion factor, 7,000 grains per pound.

(e) To determine compliance with the applicable emissions limit in § 63.10895(c) for a group of all metal melting furnaces using emissions averaging,


(1) Determine and record the monthly average charge rate for each metal melting furnace at your iron and steel foundry for the previous calendar month; and


(2) Compute the mass-weighted PM or total metal HAP using Equation 2 of this section.





Where:

EC = The mass-weighted PM or total metal HAP emissions for the group of all metal melting furnaces at the foundry, pounds of PM or total metal HAP per ton of metal charged;

Epi = Process-weighted mass emissions of PM or total metal HAP for individual emission unit i as determined from the performance test and calculated using Equation 1 of this section, pounds of PM or total metal HAP per ton of metal charged;

Tti = Total tons of metal charged for individual emission unit i for the calendar month prior to the performance test, tons; and

n = The total number of metal melting furnaces at the iron and steel foundry.

(3) For an uncontrolled electric induction furnace that is not equipped with a capture system and has not been previously tested for PM or total metal HAP, you may assume an emissions factor of 2 pounds per ton of PM or 0.13 pounds of total metal HAP per ton of metal melted in Equation 2 of this section instead of a measured test value. If the uncontrolled electric induction furnace is equipped with a capture system, you must use a measured test value.


(f) To determine compliance with the applicable PM or total metal HAP emissions limit for a metal melting furnace in § 63.10895(c) when emissions from one or more regulated furnaces are combined with other non-regulated emissions sources, you may demonstrate compliance using the procedures in paragraphs (f)(1) through (3) of this section.


(1) Determine the PM or total metal HAP process-weighted mass emissions for each of the regulated streams prior to the combination with other exhaust streams or control device.


(2) 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 3 of this section.





Where:

Ei = Mass emissions rate of PM or total metal HAP at the control device inlet, lb/hr;

Eo = Mass emissions rate of PM or total metal HAP at the control device outlet, lb/hr.

(3) Meet the applicable emissions limit based on the calculated PM or total metal HAP process-weighted mass emissions for the regulated emissions source using Equation 4 of this section:





Where:

Ep1released = Calculated process-weighted mass emissions of PM (or total metal HAP) predicted to be released to the atmosphere from the regulated emissions source, pounds of PM or total metal HAP per ton of metal charged; and

Ep1i = Process-weighted mass emissions of PM (or total metal HAP) in the uncontrolled regulated exhaust stream, pounds of PM or total metal HAP per ton of metal charged.

(g) 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 (d) through (f) of this section, you must submit a site-specific test plan to the Administrator for approval according to the requirements in § 63.7(c)(2) and (3).


(h) You must conduct each opacity test for fugitive emissions according to the requirements in § 63.6(h)(5) and Table 1 to this subpart.


(i) You must conduct subsequent performance tests to demonstrate compliance with the opacity limit in § 63.10895(e) no less frequently than every 6 months and each time you make a process change likely to increase fugitive emissions.


(j) In your performance test report, you must certify that the capture system operated normally during the performance test.


(k) You must establish operating limits for a new affected source during the initial performance test according to the requirements in Table 2 of this subpart.


(l) You may change the operating limits for a wet scrubber, electrostatic precipitator, or baghouse if you meet the requirements in paragraphs (l)(1) through (3) of this section.


(1) Submit a written notification to the Administrator of your plan 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 § 63.10895(c).


(3) Establish revised operating limits according to the applicable procedures in Table 2 to this subpart.


[73 FR 252, Jan. 2, 2008, as amended at 85 FR 56102, Sept. 10, 2020]


§ 63.10899 What are my recordkeeping and reporting requirements?

(a) As required by § 63.10(b)(1), you must maintain files of all information (including all reports and notifications) for at least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. At a minimum, the most recent 2 years of data shall be retained on site. The remaining 3 years of data may be retained off site. Such files may be maintained on microfilm, on a computer, on computer floppy disks or flash drives, on magnetic tape disks, or on microfiche. Any records required to be maintained by this part that are submitted electronically via the 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 the EPA as part of an on-site compliance evaluation.


(b) In addition to the records required by § 63.10(b)(2)(iii) and (vi) through (xiv) and (b)(3), you must keep records of the information specified in paragraphs (b)(1) through (15) of this section.


(1) You must keep records of your written materials specifications according to § 63.10885(a) and records that demonstrate compliance with the requirements for restricted metallic scrap in § 63.10885(a)(1) and/or for the use of general scrap in § 63.10885(a)(2) and for mercury in § 63.10885(b)(1) through (3), as applicable. You must keep records documenting compliance with § 63.10885(b)(4) for scrap that does not contain motor vehicle scrap.


(2) If you are subject to the requirements for a site-specific plan for mercury under § 63.10885(b)(1), you must maintain records of the number of mercury switches removed or the weight of mercury recovered from the switches and properly managed, the estimated number of vehicles processed, and an estimate of the percent of mercury switches recovered.


(3) If you are subject to the option for approved mercury programs under § 63.10885(b)(2), you must maintain records identifying each scrap provider and documenting the scrap provider’s participation in an approved mercury switch removal program. If your scrap provider is a broker, you must maintain records identifying each of the broker’s scrap suppliers and documenting the scrap supplier’s participation in an approved mercury switch removal program.


(4) You must keep records to document use of any binder chemical formulation that does not contain methanol as a specific ingredient of the catalyst formulation for each furfuryl alcohol warm box mold or core making line as required by § 63.10886. These records must be the Material Safety Data Sheet (provided that it contains appropriate information), a certified product data sheet, or a manufacturer’s hazardous air pollutant data sheet.


(5) You must keep records of the annual quantity and composition of each HAP-containing chemical binder or coating material used to make molds and cores. These records must be copies of purchasing records, Material Safety Data Sheets, or other documentation that provide information on the binder or coating materials used.


(6) You must keep records of monthly metal melt production for each calendar year.


(7) You must keep a copy of the operation and maintenance plan as required by § 63.10896(a) and records that demonstrate compliance with plan requirements.


(8) If you use emissions averaging, you must keep records of the monthly metal melting rate for each furnace at your iron and steel foundry, and records of the calculated pounds of PM or total metal HAP per ton of metal melted for the group of all metal melting furnaces required by § 63.10897(h).


(9) If applicable, you must keep records for bag leak detection systems as follows:


(i) Records of the bag leak detection system output;


(ii) Records of bag leak detection system adjustments, including the date and time of the adjustment, the initial bag leak detection system settings, and the final bag leak detection system settings; and


(iii) The date and time of all bag leak detection system alarms, and for each valid alarm, the time you initiated corrective action, the corrective action taken, and the date on which corrective action was completed.


(10) You must keep records of capture system inspections and repairs as required by § 63.10897(e).


(11) You must keep records demonstrating conformance with your specifications for the operation of CPMS as required by § 63.10897(f).


(12) You must keep records of corrective action(s) for exceedances and excursions as required by § 63.10897(g).


(13) You must record the results of each inspection and maintenance required by § 63.10897(a) for PM control devices in a logbook (written or electronic format). You must keep the logbook onsite and make the logbook available to the Administrator upon request. You must keep records of the information specified in paragraphs (b)(13)(i) through (iii) of this section.


(i) The date and time of each recorded action for a fabric filter, the results of each inspection, and the results of any maintenance performed on the bag filters.


(ii) The date and time of each recorded action for a wet or dry electrostatic precipitator (including ductwork), the results of each inspection, and the results of any maintenance performed for the electrostatic precipitator.


(iii) The date and time of each recorded action for a wet scrubber (including ductwork), the results of each inspection, and the results of any maintenance performed on the wet scrubber.


(14) You must keep records of the site-specific performance evaluation test plan required under § 63.8(d)(2) for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, you 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 as required under § 63.8(d)(2)(vi).


(15) You must keep the following records for each failure to meet an emissions limitation (including operating limit), work practice standard, or operation and maintenance requirement in this subpart.


(i) Date, start time, and duration of each failure.


(ii) List of the affected sources or equipment for each failure, 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.


(iii) Actions taken to minimize emissions in accordance with § 63.10896(c), and any corrective actions taken to return the affected unit to its normal or usual manner of operation.


(c) Prior to March 9, 2021, you must submit semiannual compliance reports to the Administrator according to the requirements in § 63.13. Beginning on March 9, 2021, you must submit all subsequent semiannual compliance reports to the EPA via the CEDRI, which can be accessed through the EPA’s Central Data Exchange (CDX) (https://cdx.epa.gov/). The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as confidential business information (CBI). Anything submitted using CEDRI cannot later be claimed to be CBI. You must use the appropriate electronic report template on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/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. Although we do not expect persons to assert a claim of CBI, if persons wish to assert a CBI 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 the 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 the EPA via the EPA’s CDX as described earlier in this paragraph (c). All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c) emissions data is not entitled to confidential treatment and requires EPA to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available. The reports must include the information specified in paragraphs (c)(1) through (3) of this section and, as applicable, paragraphs (c)(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 there were no deviations from any emissions limitations (including operating limits, pollution prevention management practices, or operation and maintenance requirements), a statement that there were no deviations from the emissions limitations, pollution prevention management practices, or operation and maintenance requirements during the reporting period.


(5) If there were no periods during which a continuous monitoring system (including a CPMS or continuous emissions monitoring system (CEMS) was inoperable or out-of-control as specified by § 63.8(c)(7), a statement that there were no periods during which the CPMS was inoperable or out-of-control during the reporting period.


(6) For each affected source or equipment for which there was a deviation from an emissions limitation (including an operating limit, pollution prevention management practice, or operation and maintenance requirement) that occurs at an iron and steel foundry during the reporting period, the compliance report must contain the information specified in paragraphs (c)(6)(i) through (iii) of this section. The requirement in this paragraph (c)(6) includes periods of startup, shutdown, and malfunction.


(i) A list of the affected source or equipment and the total operating time of each emissions source during the reporting period.


(ii) For each deviation from an emissions limitation (including an operating limit, pollution prevention management practice, or operation and maintenance requirement) that occurs at an iron and steel foundry during the reporting period, report:


(A) The date, start time, duration (in hours), and cause of each deviation (characterized as either startup, shutdown, control equipment problem, process problem, other known cause, or unknown cause, as applicable) and the corrective action taken; and


(B) 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.


(iii) A summary of the total duration (in hours) of the deviations that occurred during the reporting period by cause (characterized as startup, shutdown, control equipment problems, process problems, other known causes, and unknown causes) and the cumulative duration of deviations during the reporting period across all causes both in hours and as a percent of the total source operating time during the reporting period.


(7) For each continuous monitoring system (including a CPMS or CEMS) used to comply with the emissions limitation or work practice standard in this subpart that was inoperable or out-of-control during any portion of the reporting period, you must include the information specified in paragraphs (c)(7)(i) through (vi) of this section. The requirement in this paragraph (c)(7) includes periods of startup, shutdown, and malfunction.


(i) A brief description of the continuous monitoring system, including manufacturer and model number.


(ii) The date of the latest continuous monitoring system certification or audit.


(iii) A brief description and the total operating time of the affected source or equipment that is monitored by the continuous monitoring system during the reporting period.


(iv) A description of any changes in continuous monitoring systems, processes, or controls since the last reporting period.


(v) For each period for which the continuous monitoring system was inoperable or out-of-control during the reporting period, report:


(A) The date, start time, and duration (in hours) of the deviation;


(B) The type of deviation (inoperable or out-of-control); and


(C) The cause of deviation (characterized as monitoring system malfunctions, non-monitoring equipment malfunctions, quality assurance/quality control calibrations, other known causes, and unknown causes, as applicable) and the corrective action taken.


(vi) A summary of the total duration (in hours) of the deviations that occurred during the reporting period by cause (characterized as monitoring system malfunctions, non-monitoring equipment malfunctions, quality assurance/quality control calibrations, other known causes, and unknown causes) and the cumulative duration of deviations during the reporting period across all causes both in hours and as a percent of the total source operating time during the reporting period.


(8) Identification of which option in § 63.10885(b) applies to you. If you comply with the mercury requirements in § 63.10885(b) by using one scrap provider, contract, or shipment subject to one compliance provision and others subject to another compliance provision different, provide an identification of which option in § 63.10885(b) applies to each scrap provider, contract, or shipment.


(9) If you are subject to the requirements for a site-specific plan for mercury under § 63.10885(b)(1), include:


(i) The number of mercury switches removed or the weight of mercury recovered from the switches and properly managed, the estimated number of vehicles processed, an estimate of the percent of mercury switches recovered;


(ii) A certification that the recovered mercury switches were recycled at RCRA-permitted facilities; and


(iii) A certification that you have conducted periodic inspections or taken other means of corroboration as required under § 63.10885(b)(1)(ii)(C).


(d) You must submit written notification to the Administrator of the initial classification of your new or existing affected source as a large iron and steel facility as required in § 63.10880(f) and (g), as applicable, and for any subsequent reclassification as required in § 63.10881(d) or (e), as applicable.


(e) 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 (e)(1) through (3) of this section.


(1) 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/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the performance test to the EPA via the CEDRI, which can be accessed through the EPA’s CDX (https://cdx.epa.gov/). The data must be submitted in a file format generated through the use of the EPA’s ERT. Alternatively, you may submit an electronic file consistent with the XML schema listed on the EPA’s ERT website.


(2) Data collected using test methods that are not supported by the EPA’s ERT as listed on the 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 the EPA’s ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI.


(3) Confidential business information. The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as CBI. Anything submitted using CEDRI cannot later be claimed to be CBI. Although we do not expect persons to assert a claim of CBI if you claim some of the information submitted under paragraph (e)(1) or (2) of this section is CBI, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be 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. 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 the EPA via the EPA’s CDX as described in paragraph (e)(1) of this section. All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c) emissions data is not entitled to confidential treatment and requires EPA to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.


(f) If you are required to electronically submit a report through CEDRI in the EPA’s CDX, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (f)(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 the EPA’s CEDRI or CDX systems.


(2) The outage must have occurred within the period of time beginning 5 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


(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.


(g) If you are required to electronically submit a report through CEDRI in the EPA’s CDX, you may assert a claim of force majeure for failure to timely comply with the reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (g)(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.


[73 FR 252, Jan. 2, 2008, as amended at 85 FR 56102, Sept. 10, 2020]


§ 63.10900 What parts of the General Provisions apply to my large foundry?

(a) If you own or operate a new or existing affected source that is classified as a large foundry, you must comply with the requirements of the General Provisions (40 CFR part 63, subpart A) according to Table 3 of this subpart.


(b) If you own or operator a new or existing affected source that is classified as a large foundry, your notification of compliance status required by § 63.9(h) must include each applicable certification of compliance, signed by a responsible official, in Table 4 of this subpart.


Other Requirements and Information

§ 63.10905 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by EPA or a delegated authority such as your State, local, or tribal agency. If the EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if 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 EPA Administrator 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 (7) of this section.


(1) Approval of an alternative non-opacity emissions standard under 40 CFR 63.6(g).


(2) Approval of an alternative opacity emissions standard under § 63.6(h)(9).


(3) Approval of a major change to test methods under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in § 63.90.


(4) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” under is defined in § 63.90.


(5) Approval of a major change to recordkeeping and reporting under § 63.10(f). A “major change to recordkeeping/reporting” is defined in § 63.90.


(6) Approval of a local, State, or national mercury switch removal program under § 63.10885(b)(2).


(7) Approval of an alternative to any electronic reporting to the EPA required by this subpart.


[73 FR 252, Jan. 2, 2008, as amended at 85 FR 56104, Sept. 10, 2020]


§ 63.10906 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in § 63.2, and in this section.


Annual metal melt capacity means the lower of the total metal melting furnace equipment melt rate capacity assuming 8,760 operating hours per year summed for all metal melting furnaces at the foundry or, if applicable, the maximum permitted metal melt production rate for the iron and steel foundry calculated on an annual basis. Unless otherwise specified in the permit, permitted metal melt production rates that are not specified on an annual basis must be annualized assuming 24 hours per day, 365 days per year of operation. If the permit limits the operating hours of the furnace(s) or foundry, then the permitted operating hours are used to annualize the maximum permitted metal melt production rate.


Annual metal melt production means the quantity of metal melted in a metal melting furnace or group of all metal melting furnaces at the iron and steel foundry in a given calendar year. For the purposes of this subpart, metal melt production is determined on the basis on the quantity of metal charged to each metal melting furnace; the sum of the metal melt production for each furnace in a given calendar year is the annual metal melt production of the foundry.


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 intake devices, hoods, enclosures, ductwork, dampers, manifolds, plenums, and fans.


Chlorinated plastics means solid polymeric materials that contain chlorine in the polymer chain, such as polyvinyl chloride (PVC) and PVC copolymers.


Control device means the air pollution control equipment used to remove particulate matter from the effluent gas stream generated by a metal melting furnace.


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), management practice, or operation and maintenance requirement; 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 iron and steel foundry required to obtain such a permit.


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.


Exhaust stream means gases emitted from a process through a conveyance as defined in this subpart.


Foundry operations mean all process equipment and practices used to produce metal castings for shipment. Foundry operations include: Mold or core making and coating; scrap handling and preheating; metal melting and inoculation; pouring, cooling, and shakeout; shotblasting, grinding, and other metal finishing operations; and sand handling.


Free liquids means material that fails the paint filter liquids test by EPA Method 9095B, Revision 2, November 1994 (incorporated by reference – see § 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.


Fugitive emissions means any pollutant released to the atmosphere that is not discharged through a system of equipment that is specifically designed to capture pollutants at the source, convey them through ductwork, and exhaust them using forced ventilation. Fugitive emissions include pollutants released to the atmosphere through windows, doors, vents, or other building openings. Fugitive emissions also include pollutants released to the atmosphere through other general building ventilation or exhaust systems not specifically designed to capture pollutants at the source.


Furfuryl alcohol 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 furfuryl alcohol warm box system by the foundry industry.


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 introduction into commerce. Research and development facilities, operations that only produce non-commercial castings, and operations associated with nonferrous metal production are not included in this definition.


Large foundry means, for an existing affected source, an iron and steel foundry with an annual metal melt production greater than 20,000 tons. For a new affected source, large foundry means an iron and steel foundry with an annual metal melt capacity greater than 10,000 tons.


Mercury switch means each mercury-containing capsule or switch assembly that is part of a convenience light switch mechanism installed in a vehicle.


Metal charged means the quantity of scrap metal, pig iron, metal returns, alloy materials, and other solid forms of iron and steel placed into a metal melting furnace. Metal charged does not include the quantity of fluxing agents or, in the case of a cupola, the quantity of coke that is placed into the metal melting furnace.


Metal melting furnace means a cupola, electric arc furnace, electric induction furnace, or similar device 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 greensand molds or cores.


Motor vehicle means an automotive vehicle not operated on rails and usually is operated with rubber tires for use on highways.


Motor vehicle scrap means vehicle or automobile bodies, including automobile body hulks, that have been processed through a shredder. Motor vehicle scrap does not include automobile manufacturing bundles, or miscellaneous vehicle parts, such as wheels, bumpers, or other components that do not contain mercury switches.


Nonferrous metal means any pure metal other than iron or any metal alloy for which an element other than iron is its major constituent in percent by weight.


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.


Responsible official means responsible official as defined in § 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.


Scrap provider means the person (including a broker) who contracts directly with an iron and steel foundry to provide motor vehicle scrap. Scrap processors such as shredder operators or vehicle dismantlers that do not sell scrap directly to a foundry are not scrap providers.


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.


Small foundry means, for an existing affected source, an iron and steel foundry that has an annual metal melt production of 20,000 tons or less. For a new affected source, small foundry means an iron and steel foundry that has an annual metal melt capacity of 10,000 tons or less.


Total metal HAP means, for the purposes of this subpart, the sum of the concentrations of compounds 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-8). 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.


[73 FR 252, Jan. 2, 2008, as amended at 85 FR 56104, Sept. 10, 2020]


Table 1 to Subpart ZZZZZ of Part 63 – Performance Test Requirements for New and Existing Affected Sources Classified as Large Foundries

As required in § 63.10898(c) and (h), you must conduct performance tests according to the test methods and procedures in the following table:


For. . .
You must. . .
According to the following

requirements. . .
1. Each metal melting furnace subject to a PM or total metal HAP limit in § 63.10895(c)a. Select sampling port locations and the number of traverse points in each stack or duct using EPA Method 1 or 1A (40 CFR part 60, appendix A)

b. Determine volumetric flow rate of the stack gas using Method 2, 2A, 2C, 2D, 2F, or 2G (40 CFR part 60, appendix A)

c. Determine dry molecular weight of the stack gas using EPA Method 3, 3A, or 3B (40 CFR part 60, appendix A).
1

d. Measure moisture content of the stack gas using EPA Method 4 (40 CFR part 60, A)

e. Determine PM concentration using EPA Method 5, 5B, 5D, 5F, or 5I, as applicable or total metal HAP concentration using EPA Method 29 (40 CFR part 60, appendix A)
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.

i. Collect a minimum sample volume of 60 dscf of gas during each PM sampling run. The PM concentration is determined using only the front-half (probe rinse and filter) of the PM catch.

ii. For Method 29, only the measured concentration of the listed metal HAP analytes that are present at concentrations exceeding one-half the quantification 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 quantification limit of the analytical method, the concentration of those analytes is assumed to be zero for the purposes of calculating the total metal HAP.
iii. A minimum of three valid test runs are needed to comprise a PM or total metal HAP performance test.
iv. For cupola metal melting furnaces, sample PM or total metal HAP only during times when the cupola is on blast.
v. For electric arc and electric induction metal melting furnaces, sample PM or total metal HAP only during normal melt production conditions, which may include, but are not limited to the following operations: Charging, melting, alloying, refining, slagging, and tapping.
vi. Determine and record the total combined weight of tons of metal charged during the duration of each test run. You must compute the process-weighted mass emissions of PM according to Equation 1 of § 63.10898(d) for an individual furnace or Equation 2 of § 63.10898(e) for the group of all metal melting furnaces at the foundry.
2. Fugitive emissions from buildings or structures housing any iron and steel foundry emissions sources subject to opacity limit in § 63.10895(e)a. Using a certified observer, conduct each opacity test according to EPA Method 9 (40 CFR part 60, appendix A-4) and 40 CFR 63.6(h)(5)i. 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.
ii. During testing intervals when PM or total metal HAP performance tests, if applicable, are being conducted, conduct the opacity test such that the opacity observations are recorded during the PM or total metal HAP performance tests.
b. As alternative to Method 9 performance test, conduct visible emissions test by Method 22 (40 CFR part 60, appendix A-7). The test is successful if no visible emissions are observed for 90 percent of the readings over 1 hour. If VE is observed greater than 10 percent of the time over 1 hour, then the facility must conduct another performance test as soon as possible, but no later than 15 calendar days after the Method 22 test, using Method 9 (40 CFR part 60, appendix A-4)i. The observer may identify a limited number of openings or vents that appear to have the highest visible emissions and perform 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 observation for the entire building or structure may be performed, if the fugitive release points afford such an observation.

ii. During testing intervals when PM or total metal HAP performance tests, if applicable, are being conducted, conduct the visible emissions test such that the observations are recorded during the PM or total metal HAP performance tests.


1 You may also use as an alternative to EPA Method 3B (40 CFR part 60, appendix A), the manual method for measuring the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas, ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses” (incorporated by reference – see § 63.14).


Table 2 to Subpart ZZZZZ of Part 63 – Procedures for Establishing Operating Limits for New Affected Sources Classified as Large Foundries

As required in § 63.10898(k), you must establish operating limits using the procedures in the following table:


For . . .
You must . . .
1. Each wet scrubber subject to the operating limits in § 63.10895(d)(1) for pressure drop and scrubber water flow rate.Using the CPMS required in § 63.10897(b), measure and record the pressure drop and scrubber water flow rate in intervals of no more than 15 minutes during each PM or total metal HAP test run. Compute and record the average pressure drop and average scrubber water flow rate for all the valid sampling runs in which the applicable emissions limit is met.
2. Each electrostatic precipitator subject to operating limits in § 63.10895(d)(2) for voltage and secondary current (or total power input).Using the CPMS required in § 63.10897(c), measure and record voltage and secondary current (or total power input) in intervals of no more than 15 minutes during each PM or total metal HAP test run. Compute and record the minimum hourly average voltage and secondary current (or total power input) from all the readings for each valid sampling run in which the applicable emissions limit is met.

Table 3 to Subpart ZZZZZ of Part 63 – Applicability of General Provisions to New and Existing Affected Sources Classified as Large Foundries

As required in § 63.10900(a), you must meet each requirement in the following table that applies to you:


Citation
Subject
Applies to large

foundry?

Explanation
63.1ApplicabilityYes
63.2DefinitionsYes
63.3Units and abbreviationsYes
63.4Prohibited activitiesYes
63.5Construction/reconstructionYes
63.6(a) through (d)Compliance applicability and datesYes
63.6(e)Operating and maintenance requirementsNoThis subpart specifies operating and maintenance requirements.
63.6(f)(1)Applicability of non-opacity emission standardsNoThis subpart specifies applicability of non-opacity emission standards.
63.6(f)(2) through (3)Methods and finding of compliance with non-opacity emission standardsYes
63.6(g)Use of an alternative nonopacity emission standardYes
63.6(h)(1)Applicability of opacity and visible emissions standardsNoThis subpart specifies applicability of opacity and visible emission standards.
63.6(h)(2) through (9)Methods and other requirements for opacity and visible emissions standardsYes
63.6(i) through (j)Compliance extension and Presidential compliance exemptionYes
63.7(a)(1) through (2)Applicability and performance test datesNoThis subpart specifies applicability and performance test dates.
63.7(a)(3) through (4)Administrators rights to require a performance test and force majeure provisionsYes
63.7(b) through (d)Notification of performance test, quality assurance program, and testing facilitiesYes
63.7(e)(1)Performance test conditionsNoThis subpart specifies performance test conditions.
63.7(e)(2) through (4), (f) through (h)Other performance testing requirementsYes
63.8(a)(1) through (3), (b), (c)(1)(ii), (c)(2) through (3), (c)(6) through (8), (d)(1) through (2)Monitoring requirementsYes
63.8(a)(4)Additional monitoring requirements for control devices in § 63.11No
63.8(c)(1)(i), (c)(1)(iii)Operation and maintenance of continuous monitoring systemsNoNot necessary in light of other requirements of § 63.8 that apply.
63.8(c)(4)Continuous monitoring system (CMS) requirementsNo
63.8(c)(5)Continuous opacity monitoring system (COMS) minimum proceduresNo
63.8(d)(3)Quality control programNoThis subpart specifies records that must be kept associated with site-specific performance evaluation test plan.
63.8(e), (f)(1) through (6), (g)(1) through (4)Performance evaluations and alternative monitoringYes
63.8(g)(5)Data reductionNo
63.9Notification requirementsYes.Except for opacity performance tests.
63.10(a), (b)(1), (b)(2)(xii) through (xiv), (b)(3), (d)(1) through (4), (e)(1) through (2), (f)Recordkeeping and reporting requirementsYes
63.10(b)(2)(i) through (xi)Malfunction and CMS recordsNo
63.10(c)Additional records for CMSNoThis subpart specifies records requirements.
63.10(d)(5)Periodic startup, shutdown, and malfunction reportsNo
63.10(e)(3)Excess emissions reportsNoThis subpart specifies reporting requirements.
63.10(e)(4)Reporting COMS dataNo
63.11Control device requirementsNo
63.12State authority and delegationsYes
63.13(a)Reporting to EPA regional officesYesExcept: reports and notifications required to be submitted to CEDRI meet this obligation through electronic reporting.
63.13(b) through 63.16Addresses of state air pollution control agencies. Incorporation by reference. Availability of information and confidentiality. Performance track provisionsYes

[85 FR 56105, Sept. 10, 2020]


Table 4 to Subpart ZZZZZ of Part 63 – Compliance Certifications for New and Existing Affected Sources Classified as Large Iron and Steel Foundries

As required by § 63.10900(b), your notification of compliance status must include certifications of compliance according to the following table:


For. . .
Your notification of compliance status required by § 63.9(h) must include this certification of compliance, signed by a responsible official:
Each new or existing affected source classified as a large foundry and subject to scrap management requirements in § 63.10885(a)(1) and/or (2)“This facility has prepared, and will operate by, written material specifications for metallic scrap according to § 63.10885(a)(1)” and/or “This facility has prepared, and will operate by, written material specifications for general iron and steel scrap according to § 63.10885(a)(2).”
Each new or existing affected source classified as a large foundry and subject to mercury switch removal requirements in § 63.10885(b)“This facility has prepared, and will operate by, written material specifications for the removal of mercury switches and a site-specific plan implementing the material specifications according to § 63.10885(b)(1)” and/or “This facility participates in and purchases motor vehicles scrap only from scrap providers who participate in a program for removal of mercury switches that has been approved by the EPA Administrator according to § 63.10885(b)(2) and have prepared a plan for participation in the EPA approved program according to § 63.10885(b)(2)(iv)” and/or “The only materials from motor vehicles in the scrap charged to a metal melting furnace at this facility are materials recovered for their specialty alloy content in accordance with § 63.10885(b)(3) which are not reasonably expected to contain mercury switches” and/or “This facility complies with the requirements for scrap that does not contain motor vehicle scrap in accordance with § 63.10885(b)(4).”
Each new or existing affected source classified as a large foundry and subject to § 63.10886“This facility complies with the no methanol requirement for the catalyst portion of each binder chemical formulation for a furfuryl alcohol warm box mold or core making line according to § 63.10886.”
Each new or existing affected source classified as a large foundry and subject to § 63.10895(b)“This facility operates a capture and collection system for each emissions source subject to this subpart according to § 63.10895(b).”
Each existing affected source classified as a large foundry and subject to § 63.10895(c)(1)“This facility complies with the PM or total metal HAP emissions limit in § 63.10895(c) for each metal melting furnace or group of all metal melting furnaces based on a previous performance test in accordance with § 63.10898(a)(1).”
Each new or existing affected source classified as a large foundry and subject to § 63.10896(a)“This facility has prepared and will operate by an operation and maintenance plan according to § 63.10896(a).”
Each new or existing (if applicable) affected source classified as a large foundry and subject to § 63.10897(d)“This facility has prepared and will operate by a site-specific monitoring plan for each bag leak detection system and submitted the plan to the Administrator for approval according to § 63.10897(d)(2).”

Subpart AAAAAA [Reserved]

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


Source:73 FR 1933, Jan. 10, 2008, unless otherwise noted.

What This Subpart Covers

§ 63.11080 What is the purpose of this subpart?

This subpart establishes national emission limitations and management practices for hazardous air pollutants (HAP) emitted from area source gasoline distribution bulk terminals, bulk plants, and pipeline facilities. This subpart also establishes requirements to demonstrate compliance with the emission limitations and management practices.


§ 63.11081 Am I subject to the requirements in this subpart?

(a) The affected source to which this subpart applies is each area source bulk gasoline terminal, pipeline breakout station, pipeline pumping station, and bulk gasoline plant identified in paragraphs (a)(1) through (4) of this section. You are subject to the requirements in this subpart if you own or operate one or more of the affected area sources identified in paragraphs (a)(1) through (4) of this section.


(1) A bulk gasoline terminal that is not subject to the control requirements of 40 CFR part 63, subpart R (§§ 63.422, 63.423, and 63.424) or 40 CFR part 63, subpart CC (§§ 63.646, 63.648, 63.649, and 63.650).


(2) A pipeline breakout station that is not subject to the control requirements of 40 CFR part 63, subpart R (§§ 63.423 and 63.424).


(3) A pipeline pumping station.


(4) A bulk gasoline plant.


(b) If you are an owner or operator of affected sources, as defined in (a)(1) through (4) of this section, you are not required to meet the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71 as a result of being subject to this subpart. However, you are still subject to the requirement to apply for and obtain a permit under 40 CFR part 70 or 40 CFR part 71 if you meet one or more of the applicability criteria found in 40 CFR 70.3(a) and (b) or 40 CFR part 71.3(a) and (b).


(c) Gasoline storage tanks that are located at affected sources identified in paragraphs (a)(1) through (a)(4) of this section, and that are used only for dispensing gasoline in a manner consistent with tanks located at a gasoline dispensing facility as defined in § 63.11132, are not subject to any of the requirements in this subpart. These tanks must comply with subpart CCCCCC of this part.


(d) The loading of aviation gasoline into storage tanks at airports, and the subsequent transfer of aviation gasoline within the airport, is not subject to this subpart.


(e) The loading of gasoline into marine tank vessels at bulk facilities is not subject to this subpart.


(f) If your affected source’s throughput ever exceeds an applicable throughput threshold in the definition of “bulk gasoline terminal” or in item 1 in Table 2 to this subpart, the affected source will remain subject to the requirements for sources above the threshold, even if the affected source throughput later falls below the applicable throughput threshold.


(g) For the purpose of determining gasoline throughput, as used in the definition of bulk gasoline plant and bulk gasoline terminal, the 20,000 gallons per day threshold throughput is the maximum calculated design throughout for any day, and is not an average. An enforceable State, local, or Tribal permit limitation on throughput, established prior to the applicable compliance date, may be used in lieu of the 20,000 gallons per day design capacity throughput threshold to determine whether the facility is a bulk gasoline plant or a bulk gasoline terminal.


(h) Storage tanks that are used to load gasoline into a cargo tank for the on-site redistribution of gasoline to another storage tank are subject to this subpart.


(i) For any affected source subject to the provisions of this subpart and another Federal rule, you may elect to comply only with the more stringent provisions of the applicable subparts. You must consider all provisions of the rules, including monitoring, recordkeeping, and reporting. You must identify the affected source and provisions with which you will comply in your Notification of Compliance Status required under § 63.11093. You also must demonstrate in your Notification of Compliance Status that each provision with which you will comply is at least as stringent as the otherwise applicable requirements in this subpart. You are responsible for making accurate determinations concerning the more stringent provisions; noncompliance with this rule is not excused if it is later determined that your determination was in error, and, as a result, you are violating this subpart. Compliance with this rule is your responsibility, and the Notification of Compliance Status does not alter or affect that responsibility.


(j) For new or reconstructed affected sources, as specified in § 63.11082(b) and (c), recordkeeping to document applicable throughput must begin upon startup of the affected source. For existing sources, as specified in § 63.11082(d), recordkeeping to document applicable throughput must begin on January 10, 2008. Records required under this paragraph shall be kept for a period of 5 years.


[73 FR 1933, Jan. 10, 2008, as amended at 76 FR 4176, Jan. 24, 2011]


§ 63.11082 What parts of my affected source does this subpart cover?

(a) The emission sources to which this subpart applies are gasoline storage tanks, gasoline loading racks, vapor collection-equipped gasoline cargo tanks, and equipment components in vapor or liquid gasoline service that meet the criteria specified in Tables 1 through 3 to this subpart.


(b) An affected source is a new affected source if you commenced construction on the affected source after November 9, 2006, and you meet the applicability criteria in § 63.11081 at the time you commenced operation.


(c) An affected source is reconstructed if you meet the criteria for reconstruction as defined in § 63.2.


(d) An affected source is an existing affected source if it is not new or reconstructed.


§ 63.11083 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 January 10, 2008, you must comply with the standards in this subpart no later than January 10, 2008.


(2) If you start up your affected source after January 10, 2008, you must comply with the standards in this subpart upon startup of your affected source.


(b) If you have an existing affected source, you must comply with the standards in this subpart no later than January 10, 2011.


(c) If you have an existing affected source that becomes subject to the control requirements in this subpart because of an increase in the daily throughput, as specified in option 1 of Table 2 to this subpart, you must comply with the standards in this subpart no later than 3 years after the affected source becomes subject to the control requirements in this subpart.


[73 FR 1933, Jan. 10, 2008, as amended at 76 FR 4177, Jan. 24, 2011]


Emission Limitations and Management Practices

§ 63.11085 What are my general duties to minimize emissions?

Each owner or operator of an affected source under this subpart must comply with the requirements of paragraphs (a) and (b) of this section.


(a) You must, at all times, operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the 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.


(b) You must keep applicable records and submit reports as specified in § 63.11094(g) and § 63.11095(d).


[76 FR 4177, Jan. 24, 2011]


§ 63.11086 What requirements must I meet if my facility is a bulk gasoline plant?

Each owner or operator of an affected bulk gasoline plant, as defined in § 63.11100, must comply with the requirements of paragraphs (a) through (i) of this section.


(a) Except as specified in paragraph (b) of this section, you must only load gasoline into storage tanks and cargo tanks at your facility by utilizing submerged filling, as defined in § 63.11100, and as specified in paragraphs (a)(1), (a)(2), or (a)(3) of this section. The applicable distances in paragraphs (a)(1) and (2) of this section shall be measured from the point in the opening of the submerged fill pipe that is the greatest distance from the bottom of the storage tank.


(1) Submerged fill pipes installed on or before November 9, 2006, must be no more than 12 inches from the bottom of the tank.


(2) Submerged fill pipes installed after November 9, 2006, must be no more than 6 inches from the bottom of the tank.


(3) Submerged fill pipes not meeting the specifications of paragraphs (a)(1) or (a)(2) of this section are allowed if the owner or operator can demonstrate that the liquid level in the gasoline storage tank is always above the entire opening of the fill pipe. Documentation providing such demonstration must be made available for inspection by the Administrator’s delegated representative during the course of a site visit.


(b) Gasoline storage tanks with a capacity of less than 250 gallons are not required to comply with the control requirements in paragraph (a) of this section, but must comply only with the requirements in paragraph (d) of this section.


(c) You must perform a monthly leak inspection of all equipment in gasoline service according to the requirements specified in § 63.11089(a) through (d).


(d) You must not allow gasoline to be handled in a manner that would result in vapor releases to the atmosphere for extended periods of time. Measures to be taken include, but are not limited to, the following:


(1) Minimize gasoline spills;


(2) Clean up spills as expeditiously as practicable;


(3) Cover all open gasoline containers and all gasoline storage tank fill-pipes with a gasketed seal when not in use;


(4) Minimize gasoline sent to open waste collection systems that collect and transport gasoline to reclamation and recycling devices, such as oil/water separators.


(e) You must submit an Initial Notification that you are subject to this subpart by May 9, 2008, or no later than 120 days after the source becomes subject to this subpart, whichever is later unless you meet the requirements in paragraph (g) of this section. The Initial Notification must contain the information specified in paragraphs (e)(1) through (4) of this section. The notification must be submitted to the applicable EPA Regional Office and the delegated state authority, as specified in § 63.13.


(1) The name and address of the owner and the operator.


(2) The address (i.e., physical location) of the bulk plant.


(3) A statement that the notification is being submitted in response to this subpart and identifying the requirements in paragraphs (a), (b), (c), and (d) of this section that apply to you.


(4) A brief description of the bulk plant, including the number of storage tanks in gasoline service, the capacity of each storage tank in gasoline service, and the average monthly gasoline throughput at the affected source.


(f) You must submit a Notification of Compliance Status to the applicable EPA Regional Office and the delegated State authority, as specified in § 63.13, by the compliance date specified in § 63.11083 unless you meet the requirements in paragraph (g) of this section. The Notification of Compliance Status must be signed by a responsible official who must certify its accuracy and must indicate whether the source has complied with the requirements of this subpart. If your facility is in compliance with the requirements of this subpart at the time the Initial Notification required under paragraph (e) of this section is due, the Notification of Compliance Status may be submitted in lieu of the Initial Notification provided it contains the information required under paragraph (e) of this section.


(g) If, prior to January 10, 2008, you are operating in compliance with an enforceable State, local, or tribal rule or permit that requires submerged fill as specified in § 63.11086(a), you are not required to submit an Initial Notification or a Notification of Compliance Status under paragraph (e) or paragraph (f) of this section.


(h) You must comply with the requirements of this subpart by the applicable dates specified in § 63.11083.


(i) You must keep applicable records and submit reports as specified in § 63.11094(d) and (e) and § 63.11095(c).


[73 FR 1933, Jan. 10, 2008, as amended at 76 FR 4177, Jan. 24, 2011; 85 FR 73919, Nov. 19, 2020]


§ 63.11087 What requirements must I meet for gasoline storage tanks if my facility is a bulk gasoline terminal, pipeline breakout station, or pipeline pumping station?

(a) You must meet each emission limit and management practice in Table 1 to this subpart that applies to your gasoline storage tank.


(b) You must comply with the requirements of this subpart by the applicable dates specified in § 63.11083, except that storage vessels equipped with floating roofs and not meeting the requirements of paragraph (a) of this section must be in compliance at the first degassing and cleaning activity after January 10, 2011 or by January 10, 2018, whichever is first.


(c) You must comply with the applicable testing and monitoring requirements specified in § 63.11092(e).


(d) You must submit the applicable notifications as required under § 63.11093.


(e) You must keep records and submit reports as specified in §§ 63.11094 and 63.11095.


(f) If your gasoline storage tank is subject to, and complies with, the control requirements of 40 CFR part 60, subpart Kb of this chapter, your storage tank will be deemed in compliance with this section. You must report this determination in the Notification of Compliance Status report under § 63.11093(b).


§ 63.11088 What requirements must I meet for gasoline loading racks if my facility is a bulk gasoline terminal, pipeline breakout station, or pipeline pumping station?

(a) You must meet each emission limit and management practice in Table 2 to this subpart that applies to you.


(b) As an alternative for railcar cargo tanks to the requirements specified in Table 2 to this subpart, you may comply with the requirements specified in § 63.422(e).


(c) You must comply with the requirements of this subpart by the applicable dates specified in § 63.11083.


(d) You must comply with the applicable testing and monitoring requirements specified in § 63.11092.


(e) You must submit the applicable notifications as required under § 63.11093.


(f) You must keep records and submit reports as specified in §§ 63.11094 and 63.11095.


§ 63.11089 What requirements must I meet for equipment leak inspections if my facility is a bulk gasoline terminal, bulk plant, pipeline breakout station, or pipeline pumping station?

(a) Each owner or operator of a bulk gasoline terminal, bulk plant, pipeline breakout station, or pipeline pumping station subject to the provisions of this subpart shall perform a monthly leak inspection of all equipment in gasoline service, as defined in § 63.11100. For this inspection, detection methods incorporating sight, sound, and smell are acceptable.


(b) A log book shall be used and shall be signed by the owner or operator at the completion of each inspection. A section of the log book shall contain a list, summary description, or diagram(s) showing the location of all equipment in gasoline service at the facility.


(c) Each detection of a liquid or vapor leak shall be recorded in the log book. When a leak is detected, an initial attempt at repair shall be made as soon as practicable, but no later than 5 calendar days after the leak is detected. Repair or replacement of leaking equipment shall be completed within 15 calendar days after detection of each leak, except as provided in paragraph (d) of this section.


(d) Delay of repair of leaking equipment will be allowed if the repair is not feasible within 15 days. The owner or operator shall provide in the semiannual report specified in § 63.11095(b), the reason(s) why the repair was not feasible and the date each repair was completed.


(e) You must comply with the requirements of this subpart by the applicable dates specified in § 63.11083.


(f) You must submit the applicable notifications as required under § 63.11093.


(g) You must keep records and submit reports as specified in §§ 63.11094 and 63.11095.


Testing and Monitoring Requirements

§ 63.11092 What testing and monitoring requirements must I meet?

(a) Each owner or operator of a bulk gasoline terminal subject to the emission standard in item 1(b) of Table 2 to this subpart must comply with the requirements in paragraphs (a) through (d) of this section.


(1) Conduct a performance test on the vapor processing and collection systems according to either paragraph (a)(1)(i) or paragraph (a)(1)(ii) of this section.


(i) Use the test methods and procedures in § 60.503 of this chapter, except a reading of 500 parts per million shall be used to determine the level of leaks to be repaired under § 60.503(b) of this chapter.


(ii) Use alternative test methods and procedures in accordance with the alternative test method requirements in § 63.7(f).


(2) If you are operating your gasoline loading rack in compliance with an enforceable State, local, or tribal rule or permit that requires your loading rack to meet an emission limit of 80 milligrams (mg), or less, per liter of gasoline loaded (mg/l), you may submit a statement by a responsible official of your facility certifying the compliance status of your loading rack in lieu of the test required under paragraph (a)(1) of this section.


(3) If you have conducted performance testing on the vapor processing and collection systems within 5 years prior to January 10, 2008, and the test is for the affected facility and is representative of current or anticipated operating processes and conditions, you may submit the results of such testing in lieu of the test required under paragraph (a)(1) of this section, provided the testing was conducted using the test methods and procedures in § 60.503 of this chapter. Should the Administrator deem the prior test data unacceptable, the facility is still required to meet the requirement to conduct an initial performance test within 180 days of the compliance date specified in § 63.11083; thus, previous test reports should be submitted as soon as possible after January 10, 2008.


(4) The performance test requirements of § 63.11092(a) do not apply to flares defined in § 63.11100 and meeting the flare requirements in § 63.11(b). The owner or operator shall demonstrate that the flare and associated vapor collection system is in compliance with the requirements in § 63.11(b) and 40 CFR 60.503(a), (b), and (d).


(b) Each owner or operator of a bulk gasoline terminal subject to the provisions of this subpart shall install, calibrate, certify, operate, and maintain, according to the manufacturer’s specifications, a continuous monitoring system (CMS) while gasoline vapors are displaced to the vapor processor systems, as specified in paragraphs (b)(1) through (5) of this section. For each facility conducting a performance test under paragraph (a)(1) of this section, and for each facility utilizing the provisions of paragraphs (a)(2) or (a)(3) of this section, the CMS must be installed by January 10, 2011.


(1) For each performance test conducted under paragraph (a)(1) of this section, the owner or operator shall determine a monitored operating parameter value for the vapor processing system using the procedures specified in paragraphs (b)(1)(i) through (iv) of this section. During the performance test, continuously record the operating parameter as specified under paragraphs (b)(1)(i) through (iv) of this section.


(i) Where a carbon adsorption system is used, the owner or operator shall monitor the operation of the system as specified in paragraphs (b)(1)(i)(A) or (B) of this section.


(A) A continuous emissions monitoring system (CEMS) capable of measuring organic compound concentration shall be installed in the exhaust air stream.


(B) As an alternative to paragraph (b)(1)(i)(A) of this section, you may choose to meet the requirements listed in paragraph (b)(1)(i)(B)(1) and (2) of this section.


(1) Carbon adsorption devices shall be monitored as specified in paragraphs (b)(1)(i)(B)(1)(i),(ii), and (iii) of this section.


(i) Vacuum level shall be monitored using a pressure transmitter installed in the vacuum pump suction line, with the measurements displayed on a gauge that can be visually observed. Each carbon bed shall be observed during one complete regeneration cycle on each day of operation of the loading rack to determine the maximum vacuum level achieved.


(ii) Conduct annual testing of the carbon activity for the carbon in each carbon bed. Carbon activity shall be tested in accordance with the butane working capacity test of the American Society for Testing and Materials (ASTM) Method D 5228-92 (incorporated by reference, see § 63.14), or by another suitable procedure as recommended by the manufacturer.


(iii) Conduct monthly measurements of the carbon bed outlet volatile organic compounds (VOC) concentration over the last 5 minutes of an adsorption cycle for each carbon bed, documenting the highest measured VOC concentration. Measurements shall be made using a portable analyzer, or a permanently mounted analyzer, in accordance with 40 CFR part 60, Appendix A-7, EPA Method 21 for open-ended lines.


(2) Develop and submit to the Administrator a monitoring and inspection plan that describes the owner or operator’s approach for meeting the requirements in paragraphs (b)(1)(i)(B)(2)(i) through (v) of this section.


(i) The lowest maximum required vacuum level and duration needed to assure regeneration of the carbon beds shall be determined by an engineering analysis or from the manufacturer’s recommendation and shall be documented in the monitoring and inspection plan.


(ii) The owner or operator shall verify, during each day of operation of the loading rack, the proper valve sequencing, cycle time, gasoline flow, purge air flow, and operating temperatures. Verification shall be through visual observation, or through an automated alarm or shutdown system that monitors system operation. A manual or electronic record of the start and end of a shutdown event may be used.


(iii) The owner or operator shall perform semi-annual preventive maintenance inspections of the carbon adsorption system, including the automated alarm or shutdown system for those units so equipped, according to the recommendations of the manufacturer of the system.


(iv) The monitoring plan developed under paragraph (2) of this section shall specify conditions that would be considered malfunctions of the carbon adsorption system during the inspections or automated monitoring performed under paragraphs (b)(1)(i)(B)(2)(i) through (iii) of this section, describe specific corrective actions that will be taken to correct any malfunction, and define what the owner or operator would consider to be a timely repair for each potential malfunction.


(v) The owner or operator shall document the maximum vacuum level observed on each carbon bed from each daily inspection and the maximum VOC concentration observed from each carbon bed on each monthly inspection as well as any system malfunction, as defined in the monitoring and inspection plan, and any activation of the automated alarm or shutdown system with a written entry into a log book or other permanent form of record. Such record shall also include a description of the corrective action taken and whether such corrective actions were taken in a timely manner, as defined in the monitoring and inspection plan, as well as an estimate of the amount of gasoline loaded during the period of the malfunction.


(ii) Where a refrigeration condenser system is used, a continuous parameter monitoring system (CPMS) capable of measuring temperature shall be installed immediately downstream from the outlet to the condenser section. Alternatively, a CEMS capable of measuring organic compound concentration may be installed in the exhaust air stream.


(iii) Where a thermal oxidation system other than a flare is used, the owner or operator shall monitor the operation of the system as specified in paragraphs (b)(1)(iii)(A) or (B) of this section.


(A) A CPMS capable of measuring temperature shall be installed in the firebox or in the ductwork immediately downstream from the firebox in a position before any substantial heat exchange occurs.


(B) As an alternative to paragraph (b)(1)(iii)(A) of this section, you may choose to meet the requirements listed in paragraphs (b)(1)(iii)(B)(1) and (2) of this section.


(1) The presence of a thermal oxidation system pilot flame shall be monitored using a heat-sensing device, such as an ultraviolet beam sensor or a thermocouple, installed in proximity of the pilot light, to indicate the presence of a flame. The heat-sensing device shall send a positive parameter value to indicate that the pilot flame is on, or a negative parameter value to indicate that the pilot flame is off.


(2) Develop and submit to the Administrator a monitoring and inspection plan that describes the owner or operator’s approach for meeting the requirements in paragraphs (b)(1)(iii)(B)(2)(i) through (v) of this section.


(i) The thermal oxidation system shall be equipped to automatically prevent gasoline loading operations from beginning at any time that the pilot flame is absent.


(ii) The owner or operator shall verify, during each day of operation of the loading rack, the proper operation of the assist-air blower and the vapor line valve. Verification shall be through visual observation, or through an automated alarm or shutdown system that monitors system operation. A manual or electronic record of the start and end of a shutdown event may be used.


(iii) The owner or operator shall perform semi-annual preventive maintenance inspections of the thermal oxidation system, including the automated alarm or shutdown system for those units so equipped, according to the recommendations of the manufacturer of the system.


(iv) The monitoring plan developed under paragraph (2) of this section shall specify conditions that would be considered malfunctions of the thermal oxidation system during the inspections or automated monitoring performed under paragraphs (b)(1)(iii)(B)(2)(ii) and (iii) of this section, describe specific corrective actions that will be taken to correct any malfunction, and define what the owner or operator would consider to be a timely repair for each potential malfunction.


(v) The owner or operator shall document any system malfunction, as defined in the monitoring and inspection plan, and any activation of the automated alarm or shutdown system with a written entry into a log book or other permanent form of record. Such record shall also include a description of the corrective action taken and whether such corrective actions were taken in a timely manner, as defined in the monitoring and inspection plan, as well as an estimate of the amount of gasoline loaded during the period of the malfunction.


(iv) Monitoring an alternative operating parameter or a parameter of a vapor processing system other than those listed in paragraphs (b)(1)(i) through (iii) of this section will be allowed upon demonstrating to the Administrator’s satisfaction that the alternative parameter demonstrates continuous compliance with the emission standard in § 63.11088(a).


(2) Where a flare meeting the requirements in § 63.11(b) is used, a heat-sensing device, such as an ultraviolet beam sensor or a thermocouple, must be installed in proximity to the pilot light to indicate the presence of a flame.


(3) Determine an operating parameter value based on the parameter data monitored during the performance test, supplemented by engineering assessments and the manufacturer’s recommendations.


(4) Provide for the Administrator’s approval the rationale for the selected operating parameter value, monitoring frequency, and averaging time, including data and calculations used to develop the value and a description of why the value, monitoring frequency, and averaging time demonstrate continuous compliance with the emission standard in § 63.11088(a).


(5) If you have chosen to comply with the performance testing alternatives provided under paragraph (a)(2) or paragraph (a)(3) of this section, the monitored operating parameter value may be determined according to the provisions in paragraph (b)(5)(i) or paragraph (b)(5)(ii) of this section.


(i) Monitor an operating parameter that has been approved by the Administrator and is specified in your facility’s current enforceable operating permit. At the time that the Administrator requires a new performance test, you must determine the monitored operating parameter value according to the requirements specified in paragraph (b) of this section.


(ii) Determine an operating parameter value based on engineering assessment and the manufacturer’s recommendation and submit the information specified in paragraph (b)(4) of this section for approval by the Administrator. At the time that the Administrator requires a new performance test, you must determine the monitored operating parameter value according to the requirements specified in paragraph (b) of this section.


(c) For performance tests performed after the initial test required under paragraph (a) of this section, the owner or operator shall document the reasons for any change in the operating parameter value since the previous performance test.


(d) Each owner or operator of a bulk gasoline terminal subject to the provisions of this subpart shall comply with the requirements in paragraphs (d)(1) through (4) of this section.


(1) Operate the vapor processing system in a manner not to exceed or not to go below, as appropriate, the operating parameter value for the parameters described in paragraph (b)(1) of this section.


(2) In cases where an alternative parameter pursuant to paragraph (b)(1)(iv) or paragraph (b)(5)(i) of this section is approved, each owner or operator shall operate the vapor processing system in a manner not to exceed or not to go below, as appropriate, the alternative operating parameter value.


(3) Operation of the vapor processing system in a manner exceeding or going below the operating parameter value, as appropriate, shall constitute a violation of the emission standard in § 63.11088(a), except as specified in paragraph (d)(4) of this section.


(4) For the monitoring and inspection, as required under paragraphs (b)(1)(i)(B)(2) and (b)(1)(iii)(B)(2) of this section, malfunctions that are discovered shall not constitute a violation of the emission standard in § 63.11088(a) if corrective actions as described in the monitoring and inspection plan are followed. The owner or operator must:


(i) Initiate corrective action to determine the cause of the problem within 1 hour;


(ii) Initiate corrective action to fix the problem within 24 hours;


(iii) Complete all corrective actions needed to fix the problem as soon as practicable consistent with good air pollution control practices for minimizing emissions;


(iv) Minimize periods of start-up, shutdown, or malfunction; and


(v) Take any necessary corrective actions to restore normal operation and prevent the recurrence of the cause of the problem.


(e) Each owner or operator subject to the emission standard in § 63.11087 for gasoline storage tanks shall comply with the requirements in paragraphs (e)(1) through (3) of this section.


(1) If your gasoline storage tank is equipped with an internal floating roof, you must perform inspections of the floating roof system according to the requirements of § 60.113b(a) if you are complying with option 2(b) in Table 1 to this subpart, or according to the requirements of § 63.1063(c)(1) if you are complying with option 2(d) in Table 1 to this subpart.


(2) If your gasoline storage tank is equipped with an external floating roof, you must perform inspections of the floating roof system according to the requirements of § 60.113b(b) if you are complying with option 2(c) in Table 1 to this subpart, or according to the requirements of § 63.1063(c)(2) if you are complying with option 2(d) in Table 1 to this subpart.


(3) If your gasoline storage tank is equipped with a closed vent system and control device, you must conduct a performance test and determine a monitored operating parameter value in accordance with the requirements in paragraphs (a) through (d) of this section, except that the applicable level of control specified in paragraph (a)(2) of this section shall be a 95-percent reduction in inlet total organic compounds (TOC) levels rather than 80 mg/l of gasoline loaded.


(f) The annual certification test for gasoline cargo tanks shall consist of the test methods specified in paragraphs (f)(1) or (f)(2) of this section. Affected facilities that are subject to subpart XX of 40 CFR part 60 may elect, after notification to the subpart XX delegated authority, to comply with paragraphs (f)(1) and (2) of this section.


(1) EPA Method 27, Appendix A-8, 40 CFR part 60. Conduct the test using a time period (t) for the pressure and vacuum tests of 5 minutes. The initial pressure (Pi) for the pressure test shall be 460 millimeters (mm) of water (18 inches of water), gauge. The initial vacuum (Vi) for the vacuum test shall be 150 mm of water (6 inches of water), gauge. The maximum allowable pressure and vacuum changes (Δ p, Δ v) for all affected gasoline cargo tanks is 3 inches of water, or less, in 5 minutes.


(2) Railcar bubble leak test procedures. As an alternative to the annual certification test required under paragraph (1) of this section for certification leakage testing of gasoline cargo tanks, the owner or operator may comply with paragraphs (f)(2)(i) and (ii) of this section for railcar cargo tanks, provided the railcar cargo tank meets the requirement in paragraph (f)(2)(iii) of this section.


(i) Comply with the requirements of 49 CFR 173.31(d), 49 CFR 179.7, 49 CFR 180.509, and 49 CFR 180.511 for the periodic testing of railcar cargo tanks.


(ii) The leakage pressure test procedure required under 49 CFR 180.509(j) and used to show no indication of leakage under 49 CFR 180.511(f) shall be ASTM E 515-95, BS EN 1593:1999, or another bubble leak test procedure meeting the requirements in 49 CFR 179.7, 49 CFR 180.505, and 49 CFR 180.509.


(iii) The alternative requirements in this paragraph (f)(2) may not be used for any railcar cargo tank that collects gasoline vapors from a vapor balance system and the system complies with a Federal, State, local, or tribal rule or permit. A vapor balance system is a piping and collection system designed to collect gasoline vapors displaced from a storage vessel, barge, or other container being loaded, and routes the displaced gasoline vapors into the railcar cargo tank from which liquid gasoline is being unloaded.


(g) Conduct of performance tests. Performance tests conducted for this subpart shall be conducted under such conditions as the Administrator specifies to the owner or operator, based on representative performance (i.e., performance based on normal operating conditions) of the affected source. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests.


[73 FR 1933, Jan. 10, 2008, as amended at 73 FR 12276, Mar. 7, 2008; 76 FR 4177, Jan. 24, 2011]


Notifications, Records, and Reports

§ 63.11093 What notifications must I submit and when?

(a) Each owner or operator of an affected source under this subpart must submit an Initial Notification as specified in § 63.9(b). If your facility is in compliance with the requirements of this subpart at the time the Initial Notification is due, the Notification of Compliance Status required under paragraph (b) of this section may be submitted in lieu of the Initial Notification.


(b) Each owner or operator of an affected source under this subpart must submit a Notification of Compliance Status as specified in § 63.9(h). The Notification of Compliance Status must specify which of the compliance options included in Table 1 to this subpart is used to comply with this subpart.


(c) Each owner or operator of an affected bulk gasoline terminal under this subpart must submit a Notification of Performance Test, as specified in § 63.9(e), prior to initiating testing required by § 63.11092(a) or § 63.11092(b).


(d) Each owner or operator of any affected source under this subpart must submit additional notifications specified in § 63.9, as applicable.


§ 63.11094 What are my recordkeeping requirements?

(a) Each owner or operator of a bulk gasoline terminal or pipeline breakout station whose storage vessels are subject to the provisions of this subpart shall keep records as specified in § 60.115b of this chapter if you are complying with options 2(a), 2(b), or 2(c) in Table 1 to this subpart, except records shall be kept for at least 5 years. If you are complying with the requirements of option 2(d) in Table 1 to this subpart, you shall keep records as specified in § 63.1065.


(b) Each owner or operator of a bulk gasoline terminal subject to the provisions of this subpart shall keep records of the test results for each gasoline cargo tank loading at the facility as specified in paragraphs (b)(1) through (3) of this section.


(1) Annual certification testing performed under § 63.11092(f)(1) and periodic railcar bubble leak testing performed under § 63.11092(f)(2).


(2) The documentation file shall be kept up-to-date for each gasoline cargo tank loading at the facility. The documentation for each test shall include, as a minimum, the following information:


(i) Name of test: Annual Certification Test – Method 27 or Periodic Railcar Bubble Leak Test Procedure.


(ii) Cargo tank owner’s name and address.


(iii) Cargo tank identification number.


(iv) Test location and date.


(v) Tester name and signature.


(vi) Witnessing inspector, if any: Name, signature, and affiliation.


(vii) Vapor tightness repair: Nature of repair work and when performed in relation to vapor tightness testing.


(viii) Test results: Test pressure; pressure or vacuum change, mm of water; time period of test; number of leaks found with instrument; and leak definition.


(3) If you are complying with the alternative requirements in § 63.11088(b), you must keep records documenting that you have verified the vapor tightness testing according to the requirements of the Administrator.


(c) As an alternative to keeping records at the terminal of each gasoline cargo tank test result as required in paragraph (b) of this section, an owner or operator may comply with the requirements in either paragraph (c)(1) or paragraph (c)(2) of this section.


(1) An electronic copy of each record is instantly available at the terminal.


(i) The copy of each record in paragraph (c)(1) of this section is an exact duplicate image of the original paper record with certifying signatures.


(ii) The Administrator is notified in writing that each terminal using this alternative is in compliance with paragraph (c)(1) of this section.


(2) For facilities that use a terminal automation system to prevent gasoline cargo tanks that do not have valid cargo tank vapor tightness documentation from loading (e.g., via a card lock-out system), a copy of the documentation is made available (e.g., via facsimile) for inspection by the Administrator’s delegated representatives during the course of a site visit, or within a mutually agreeable time frame.


(i) The copy of each record in paragraph (c)(2) of this section is an exact duplicate image of the original paper record with certifying signatures.


(ii) The Administrator is notified in writing that each terminal using this alternative is in compliance with paragraph (c)(2) of this section.


(d) Each owner or operator subject to the equipment leak provisions of § 63.11089 shall prepare and maintain a record describing the types, identification numbers, and locations of all equipment in gasoline service. For facilities electing to implement an instrument program under § 63.11089, the record shall contain a full description of the program.


(e) Each owner or operator of an affected source subject to equipment leak inspections under § 63.11089 shall record in the log book for each leak that is detected the information specified in paragraphs (e)(1) through (7) of this section.


(1) The equipment type and identification number.


(2) The nature of the leak (i.e., vapor or liquid) and the method of detection (i.e., sight, sound, or smell).


(3) The date the leak was detected and the date of each attempt to repair the leak.


(4) Repair methods applied in each attempt to repair the leak.


(5) “Repair delayed” and the reason for the delay if the leak is not repaired within 15 calendar days after discovery of the leak.


(6) The expected date of successful repair of the leak if the leak is not repaired within 15 days.


(7) The date of successful repair of the leak.


(f) Each owner or operator of a bulk gasoline terminal subject to the provisions of this subpart shall:


(1) Keep an up-to-date, readily accessible record of the continuous monitoring data required under § 63.11092(b) or § 63.11092(e). This record shall indicate the time intervals during which loadings of gasoline cargo tanks have occurred or, alternatively, shall record the operating parameter data only during such loadings. The date and time of day shall also be indicated at reasonable intervals on this record.


(2) Record and report simultaneously with the Notification of Compliance Status required under § 63.11093(b):


(i) All data and calculations, engineering assessments, and manufacturer’s recommendations used in determining the operating parameter value under § 63.11092(b) or § 63.11092(e); and


(ii) The following information when using a flare under provisions of § 63.11(b) to comply with § 63.11087(a):


(A) Flare design (i.e., steam-assisted, air-assisted, or non-assisted); and


(B) All visible emissions (VE) readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance determination required under § 63.11092(e)(3).


(3) Keep an up-to-date, readily accessible copy of the monitoring and inspection plan required under § 63.11092(b)(1)(i)(B)(2) or § 63.11092(b)(1)(iii)(B)(2).


(4) Keep an up-to-date, readily accessible record of all system malfunctions, as specified in § 63.11092(b)(1)(i)(B)(2)(v) or § 63.11092(b)(1)(iii)(B)(2)(v).


(5) If an owner or operator requests approval to use a vapor processing system or monitor an operating parameter other than those specified in § 63.11092(b), the owner or operator shall submit a description of planned reporting and recordkeeping procedures.


(g) Each owner or operator of an affected source under this subpart shall keep records as specified in paragraphs (g)(1) and (2) of this section.


(1) Records of the occurrence and duration of each malfunction of operation (i.e., process equipment) or the air pollution control and monitoring equipment.


(2) Records of actions taken during periods of malfunction to minimize emissions in accordance with § 63.11085(a), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation.


[73 FR 1933, Jan. 10, 2008, as amended at 76 FR 4178, Jan. 24, 2011]


§ 63.11095 What are my reporting requirements?

(a) Each owner or operator of a bulk terminal or a pipeline breakout station subject to the control requirements of this subpart shall include in a semiannual compliance report to the Administrator the following information, as applicable:


(1) For storage vessels, if you are complying with options 2(a), 2(b), or 2(c) in Table 1 to this subpart, the information specified in § 60.115b(a), § 60.115b(b), or § 60.115b(c) of this chapter, depending upon the control equipment installed, or, if you are complying with option 2(d) in Table 1 to this subpart, the information specified in § 63.1066.


(2) For loading racks, each loading of a gasoline cargo tank for which vapor tightness documentation had not been previously obtained by the facility.


(3) For equipment leak inspections, the number of equipment leaks not repaired within 15 days after detection.


(4) For storage vessels complying with § 63.11087(b) after January 10, 2011, the storage vessel’s Notice of Compliance Status information can be included in the next semi-annual compliance report in lieu of filing a separate Notification of Compliance Status report under § 63.11093.


(b) Each owner or operator of an affected source subject to the control requirements of this subpart shall submit an excess emissions report to the Administrator at the time the semiannual compliance report is submitted. Excess emissions events under this subpart, and the information to be included in the excess emissions report, are specified in paragraphs (b)(1) through (5) of this section.


(1) Each instance of a non-vapor-tight gasoline cargo tank loading at the facility in which the owner or operator failed to take steps to assure that such cargo tank would not be reloaded at the facility before vapor tightness documentation for that cargo tank was obtained.


(2) Each reloading of a non-vapor-tight gasoline cargo tank at the facility before vapor tightness documentation for that cargo tank is obtained by the facility in accordance with § 63.11094(b).


(3) Each exceedance or failure to maintain, as appropriate, the monitored operating parameter value determined under § 63.11092(b). The report shall include the monitoring data for the days on which exceedances or failures to maintain have occurred, and a description and timing of the steps taken to repair or perform maintenance on the vapor collection and processing systems or the CMS.


(4) Each instance in which malfunctions discovered during the monitoring and inspections required under § 63.11092(b)(1)(i)(B)(2) and (b)(1)(iii)(B)(2) were not resolved according to the necessary corrective actions described in the monitoring and inspection plan. The report shall include a description of the malfunction and the timing of the steps taken to correct the malfunction.


(5) For each occurrence of an equipment leak for which no repair attempt was made within 5 days or for which repair was not completed within 15 days after detection:


(i) The date on which the leak was detected;


(ii) The date of each attempt to repair the leak;


(iii) The reasons for the delay of repair; and


(iv) The date of successful repair.


(c) Each owner or operator of a bulk gasoline plant or a pipeline pumping station shall submit a semiannual excess emissions report, including the information specified in paragraphs (a)(3) and (b)(5) of this section, only for a 6-month period during which an excess emission event has occurred. If no excess emission events have occurred during the previous 6-month period, no report is required.


(d) Each owner or operator of an affected source under this subpart shall submit a semiannual report including the number, duration, and a brief description of 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 an owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 63.11085(a), including actions taken to correct a malfunction. The report may be submitted as a part of the semiannual compliance report, if one is required. Owners or operators of affected bulk plants and pipeline pumping stations are not required to submit reports for periods during which no malfunctions occurred.


[73 FR 1933, Jan. 10, 2008, as amended at 73 FR 12276, Mar. 7, 2008; 76 FR 4178, Jan. 24, 2011]


Other Requirements and Information

§ 63.11098 What parts of the General Provisions apply to me?

Table 3 to this subpart shows which parts of the General Provisions apply to you.


§ 63.11099 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority such as the applicable State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or tribal agency.


(b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under subpart E of this part, the authorities specified in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or tribal agency.


(c) The authorities that cannot be delegated to State, local, or tribal agencies are as specified in paragraphs (c)(1) through (4) of this section.


(1) Approval of alternatives to the requirements in §§ 63.11086 through 63.11088 and § 63.11092. Any owner or operator requesting to use an alternative means of emission limitation for storage vessels in Table 1 to this subpart must follow either the provisions in § 60.114b of this chapter if you are complying with options 2(a), 2(b), or 2(c) in Table 1 to this subpart, or the provisions in § 63.1064 if you are complying with option 2(d) in Table 1 to this subpart.


(2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart.


(3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart.


(4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart.


§ 63.11100 What definitions apply to this subpart?

As used in this subpart, all terms not defined herein shall have the meaning given them in the Clean Air Act (CAA), in subparts A, K, Ka, Kb, and XX of part 60 of this chapter, or in subparts A, R, and WW of this part. All terms defined in both subpart A of part 60 of this chapter and subparts A, R, and WW of this part shall have the meaning given in subparts A, R, and WW of this part. For purposes of this subpart, definitions in this section supersede definitions in other parts or subparts.


Administrator means the Administrator of the United States Environmental Protection Agency or his or her authorized representative (e.g., a State that has been delegated the authority to implement the provisions of this subpart).


Bulk gasoline plant means any gasoline storage and distribution facility that receives gasoline by pipeline, ship or barge, or cargo tank, and subsequently loads the gasoline into gasoline cargo tanks for transport to gasoline dispensing facilities, and has a gasoline throughput of less than 20,000 gallons per day. Gasoline throughput shall be the maximum calculated design throughput as may be limited by compliance with an enforceable condition under Federal, State, or local law, and discoverable by the Administrator and any other person.


Bulk gasoline terminal means any gasoline storage and distribution facility that receives gasoline by pipeline, ship or barge, or cargo tank and has a gasoline throughput of 20,000 gallons per day or greater. Gasoline throughput shall be the maximum calculated design throughput as may be limited by compliance with an enforceable condition under Federal, State, or local law and discoverable by the Administrator and any other person.


Equipment means each valve, pump, pressure relief device, sampling connection system, open-ended valve or line, and flange or other connector in the gasoline liquid transfer and vapor collection systems. This definition also includes the entire vapor processing system except the exhaust port(s) or stack(s).


Flare means a thermal oxidation system using an open (without enclosure) flame.


Gasoline means any petroleum distillate or petroleum distillate/alcohol blend having a Reid vapor pressure of 27.6 kilopascals or greater, which is used as a fuel for internal combustion engines.


Gasoline cargo tank means a delivery tank truck or railcar which is loading gasoline or which has loaded gasoline on the immediately previous load.


Gasoline storage tank or vessel means each tank, vessel, reservoir, or container used for the storage of gasoline, but does not include:


(1) Frames, housing, auxiliary supports, or other components that are not directly involved in the containment of gasoline or gasoline vapors;


(2) Subsurface caverns or porous rock reservoirs;


(3) Oil/water separators and sumps, including butane blending sample recovery tanks, used to collect drained material such that it can be pumped to storage or back into a process; or


(4) Tanks or vessels permanently attached to mobile sources such as trucks, railcars, barges, or ships.


In gasoline service means that a piece of equipment is used in a system that transfers gasoline or gasoline vapors.


Monthly means once per calendar month at regular intervals of no less than 28 days and no more than 35 days.


Operating parameter value means a value for an operating or emission parameter of the vapor processing system (e.g., temperature) which, if maintained continuously by itself or in combination with one or more other operating parameter values, determines that an owner or operator has complied with the applicable emission standard. The operating parameter value is determined using the procedures specified in § 63.11092(b).


Pipeline breakout station means a facility along a pipeline containing storage vessels used to relieve surges or receive and store gasoline from the pipeline for re-injection and continued transportation by pipeline or to other facilities.


Pipeline pumping station means a facility along a pipeline containing pumps to maintain the desired pressure and flow of product through the pipeline, and not containing gasoline storage tanks other than surge control tanks.


Submerged filling means, for the purposes of this subpart, the filling of a gasoline cargo tank or a stationary storage tank through a submerged fill pipe whose discharge is no more than the applicable distance specified in § 63.11086(a) from the bottom of the tank. Bottom filling of gasoline cargo tanks or storage tanks is included in this definition.


Surge control tank or vessel means, for the purposes of this subpart, those tanks or vessels used only for controlling pressure in a pipeline system during surges or other variations from normal operations.


Vapor collection-equipped gasoline cargo tank means a gasoline cargo tank that is outfitted with the equipment necessary to transfer vapors, displaced during the loading of gasoline into the cargo tank, to a vapor processor system.


Vapor-tight gasoline cargo tank means a gasoline cargo tank which has demonstrated within the 12 preceding months that it meets the annual certification test requirements in § 63.11092(f).


[73 FR 1933, Jan. 10, 2008, as amended at 76 FR 4178, Jan. 24, 2011]


Table 1 to Subpart BBBBBB of Part 63 – Applicability Criteria, Emission Limits, and Management Practices for Storage Tanks

If you own or operate . . .
Then you must . . .
1. A gasoline storage tank meeting either of the following conditions:

(i) a capacity of less than 75 cubic meters (m
3); or

(ii) a capacity of less than 151 m
3 and a gasoline throughput of 480 gallons per day or less. Gallons per day is calculated by summing the current day’s throughput, plus the throughput for the previous 364 days, and then dividing that sum by 365
Equip each gasoline storage tank with a fixed roof that is mounted to the storage tank in a stationary manner, and maintain all openings in a closed position at all times when not in use.
2. A gasoline storage tank with a capacity of greater than or equal to 75 m
3 and not meeting any of the criteria specified in item 1 of this Table
Do the following:

(a) Reduce emissions of total organic HAP or TOC by 95 weight-percent with a closed vent system and control device, as specified in § 60.112b(a)(3) of this chapter; or
(b) Equip each internal floating roof gasoline storage tank according to the requirements in § 60.112b(a)(1) of this chapter, except for the secondary seal requirements under § 60.112b(a)(1)(ii)(B) and the requirements in § 60.112b(a)(1)(iv) through (ix) of this chapter; and
(c) Equip each external floating roof gasoline storage tank according to the requirements in § 60.112b(a)(2) of this chapter, except that the requirements of § 60.112b(a)(2)(ii) of this chapter shall only be required if such storage tank does not currently meet the requirements of § 60.112b(a)(2)(i) of this chapter; or
(d) Equip and operate each internal and external floating roof gasoline storage tank according to the applicable requirements in § 63.1063(a)(1) and (b), except for the secondary seal requirements under § 63.1063(a)(1)(i)(C) and (D), and equip each external floating roof gasoline storage tank according to the requirements of § 63.1063(a)(2) if such storage tank does not currently meet the requirements of § 63.1063(a)(1).
3. A surge control tankEquip each tank with a fixed roof that is mounted to the tank in a stationary manner and with a pressure/vacuum vent with a positive cracking pressure of no less than 0.50 inches of water. Maintain all openings in a closed position at all times when not in use.

[76 FR 4179, Jan. 24, 2011]


Table 2 to Subpart BBBBBB of Part 63 – Applicability Criteria, Emission Limits, and Management Practices for Loading Racks

If you own or operate . . .
Then you must . . .
1. A bulk gasoline terminal loading rack(s) with a gasoline throughput (total of all racks) of 250,000 gallons per day, or greater. Gallons per day is calculated by summing the current day’s throughput, plus the throughput for the previous 364 days, and then dividing that sum by 365(a) Equip your loading rack(s) with a vapor collection system designed to collect the TOC vapors displaced from cargo tanks during product loading; and

(b) Reduce emissions of TOC to less than or equal to 80 mg/l of gasoline loaded into gasoline cargo tanks at the loading rack; and

(c) Design and operate the vapor collection system to prevent any TOC vapors collected at one loading rack or lane from passing through another loading rack or lane to the atmosphere; and

(d) Limit the loading of gasoline into gasoline cargo tanks that are vapor tight using the procedures specified in § 60.502(e) through (j) of this chapter. For the purposes of this section, the term “tank truck” as used in § 60.502(e) through (j) of this chapter means “cargo tank” as defined in § 63.11100.
2. A bulk gasoline terminal loading rack(s) with a gasoline throughput (total of all racks) of less than 250,000 gallons per day. Gallons per day is calculated by summing the current day’s throughput, plus the throughput for the previous 364 days, and then dividing that sum by 365(a) Use submerged filling with a submerged fill pipe that is no more than 6 inches from the bottom of the cargo tank; and

(b) Make records available within 24 hours of a request by the Administrator to document your gasoline throughput.

[76 FR 4179, Jan. 24, 2011]


Table 3 to Subpart BBBBBB of Part 63 – Applicability of General Provisions

Citation
Subject
Brief description
Applies to subpart BBBBBB
§ 63.1ApplicabilityInitial applicability determination; applicability after standard established; permit requirements; extensions, notificationsYes, specific requirements given in § 63.11081.
§ 63.1(c)(2)Title V permitRequirements for obtaining a title V permit from the applicable permitting authorityYes, § 63.11081(b) of subpart BBBBBB exempts identified area sources from the obligation to obtain title V operating permits.
§ 63.2DefinitionsDefinitions for part 63 standardsYes, additional definitions in § 63.11100.
§ 63.3Units and AbbreviationsUnits and abbreviations for part 63 standardsYes.
§ 63.4Prohibited Activities and CircumventionProhibited activities; circumvention, severabilityYes.
§ 63.5Construction/ReconstructionApplicability; applications; approvalsYes.
§ 63.6(a)Compliance with Standards/Operation & Maintenance ApplicabilityGeneral Provisions apply unless compliance extension; General Provisions apply to area sources that become majorYes.
§ 63.6(b)(1)-(4)Compliance Dates for New and Reconstructed SourcesStandards apply at effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for CAA section 112(f)Yes.
§ 63.6(b)(5)NotificationMust notify if commenced construction or reconstruction after proposalYes.
§ 63.6(b)(6)[Reserved]
§ 63.6(b)(7)Compliance Dates for New and Reconstructed Area Sources that Become MajorArea sources that become major must comply with major source standards immediately upon becoming major, regardless of whether required to comply when they were an area sourceNo.
§ 63.6(c)(1)-(2)Compliance Dates for Existing SourcesComply according to date in this subpart, which must be no later than 3 years after effective date; for CAA section 112(f) standards, comply within 90 days of effective date unless compliance extensionNo, § 63.11083 specifies the compliance dates.
§ 63.6(c)(3)-(4)[Reserved]
§ 63.6(c)(5)Compliance Dates for Existing Area Sources that Become MajorArea sources that become major must comply with major source standards by date indicated in this subpart or by equivalent time period (e.g., 3 years)No.
§ 63.6(d)[Reserved]
63.6(e)(1)(i)General duty to minimize emissionsOperate to minimize emissions at all times; information Administrator will use to determine if operation and maintenance requirements were metNo. See § 63.11085 for general duty requirement.
63.6(e)(1)(ii)Requirement to correct malfunctions as soon as possibleOwner or operator must correct malfunctions as soon as possibleNo.
§ 63.6(e)(2)[Reserved]
§ 63.6(e)(3)Startup, Shutdown, and Malfunction (SSM) planRequirement for SSM plan; content of SSM plan; actions during SSMNo.
§ 63.6(f)(1)Compliance Except During SSMYou must comply with emission standards at all times except during SSMNo.
§ 63.6(f)(2)-(3)Methods for Determining ComplianceCompliance based on performance test, operation and maintenance plans, records, inspectionYes.
§ 63.6(g)(1)-(3)Alternative StandardProcedures for getting an alternative standardYes.
§ 63.6(h)(1)Compliance with Opacity/VE StandardsYou must comply with opacity/VE standards at all times except during SSMNo.
§ 63.6(h)(2)(i)Determining Compliance with Opacity/VE StandardsIf standard does not State test method, use EPA Method 9 for opacity in appendix A of part 60 of this chapter and EPA Method 22 for VE in appendix A of part 60 of this chapterNo.
§ 63.6(h)(2)(ii)[Reserved]
§ 63.6(h)(2)(iii)Using Previous Tests to Demonstrate Compliance with Opacity/VE StandardsCriteria for when previous opacity/VE testing can be used to show compliance with this subpartNo.
§ 63.6(h)(3)[Reserved]
§ 63.6(h)(4)Notification of Opacity/VE Observation DateMust notify Administrator of anticipated date of observationNo.
§ 63.6(h)(5)(i), (iii)-(v)Conducting Opacity/VE ObservationsDates and schedule for conducting opacity/VE observationsNo.
§ 63.6(h) (5)(ii)Opacity Test Duration and Averaging TimesMust have at least 3 hours of observation with 30 6-minute averagesNo.
§ 63.6(h)(6)Records of Conditions During Opacity/VE ObservationsMust keep records available and allow Administrator to inspectNo.
§ 63.6(h)(7)(i)Report Continuous Opacity Monitoring System (COMS) Monitoring Data from Performance TestMust submit COMS data with other performance test dataNo.
§ 63.6(h)(7)(ii)Using COMS Instead of EPA Method 9Can submit COMS data instead of EPA Method 9 results even if rule requires EPA Method 9 in appendix A of part 60 of this chapter, but must notify Administrator before performance testNo.
§ 63.6(h)(7)(iii)Averaging Time for COMS During Performance TestTo determine compliance, must reduce COMS data to 6-minute averagesNo.
§ 63.6(h)(7)(iv)COMS RequirementsOwner/operator must demonstrate that COMS performance evaluations are conducted according to § 63.8(e); COMS are properly maintained and operated according to § 63.8(c) and data quality as § 63.8(d)No.
§ 63.6(h)(7)(v)Determining Compliance with Opacity/VE StandardsCOMS is probable but not conclusive evidence of compliance with opacity standard, even if EPA Method 9 observation shows otherwise. Requirements for COMS to be probable evidence-proper maintenance, meeting Performance Specification 1 in appendix B of part 60 of this chapter, and data have not been alteredNo.
§ 63.6(h)(8)Determining Compliance with Opacity/VE StandardsAdministrator will use all COMS, EPA Method 9 (in appendix A of part 60 of this chapter), and EPA Method 22 (in appendix A of part 60 of this chapter) results, as well as information about operation and maintenance to determine complianceNo.
§ 63.6(h)(9)Adjusted Opacity StandardProcedures for Administrator to adjust an opacity standardNo.
§ 63.6(i)(1)-(14)Compliance ExtensionProcedures and criteria for Administrator to grant compliance extensionYes.
§ 63.6(j)Presidential Compliance ExemptionPresident may exempt any source from requirement to comply with this subpartYes.
§ 63.7(a)(2)Performance Test DatesDates for conducting initial performance testing; must conduct 180 days after compliance dateYes.
§ 63.7(a)(3)Section 114 AuthorityAdministrator may require a performance test under CAA section 114 at any timeYes.
§ 63.7(b)(1)Notification of Performance TestMust notify Administrator 60 days before the testYes.
§ 63.7(b)(2)Notification of Re-schedulingIf have to reschedule performance test, must notify Administrator of rescheduled date as soon as practicable and without delayYes.
§ 63.7(c)Quality Assurance (QA)/Test PlanRequirement to submit 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 testingYes.
§ 63.7(d)Testing FacilitiesRequirements for testing facilitiesYes.
63.7(e)(1)Conditions for Conducting Performance TestsPerformance test must be conducted under representative conditionsNo, § 63.11092(g) specifies conditions for conducting performance tests.
§ 63.7(e)(2)Conditions for Conducting Performance TestsMust conduct according to this subpart and EPA test methods unless Administrator approves alternativeYes.
§ 63.7(e)(3)Test Run DurationMust have 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 usedYes, except for testing conducted under § 63.11092(a).
§ 63.7(f)Alternative Test MethodProcedures by which Administrator can grant approval to use an intermediate or major change, or alternative to a test methodYes.
§ 63.7(g)Performance Test Data AnalysisMust include raw data in performance test report; must submit performance test data 60 days after end of test with the notification of compliance status; keep data for 5 yearsYes.
§ 63.7(h)Waiver of TestsProcedures for Administrator to waive performance testYes.
§ 63.8(a)(1)Applicability of Monitoring RequirementsSubject to all monitoring requirements in standardYes.
§ 63.8(a)(2)Performance SpecificationsPerformance specifications in appendix B of 40 CFR part 60 applyYes.
§ 63.8(a)(3)[Reserved]
§ 63.8(a)(4)Monitoring of FlaresMonitoring requirements for flares in § 63.11 applyYes.
§ 63.8(b)(1)MonitoringMust conduct monitoring according to standard unless Administrator approves alternativeYes.
§ 63.8(b)(2)-(3)Multiple Effluents and Multiple Monitoring SystemsSpecific requirements for installing monitoring systems; must install on each affected source or after combined with another affected source before it is released to the atmosphere provided the monitoring is sufficient to demonstrate compliance with the standard; if more than one monitoring system on an emission point, must report all monitoring system results, unless one monitoring system is a backupYes.
§ 63.8(c)(1)Monitoring System Operation and MaintenanceMaintain monitoring system in a manner consistent with good air pollution control practicesYes.
§ 63.8(c)(1)(i)Operation and Maintenance of CMSMust maintain and operate each CMS as specified in § 63.6(e)(1)No.
§ 63.8(c)(1)(ii)Operation and Maintenance of CMSMust keep parts for routine repairs readily availableYes.
§ 63.8(c)(1)(iii)Operation and Maintenance of CMSRequirement to develop SSM Plan for CMSNo.
§ 63.8(c) (2)-(8)CMS RequirementsMust install to get representative emission or parameter measurements; must verify operational status before or at performance testYes.
§ 63.8(d)CMS Quality ControlRequirements for CMS quality control, including calibration, etc.; must keep quality control plan on record for 5 years; keep old versions for 5 years after revisionsNo.
§ 63.8(e)CMS Performance EvaluationNotification, performance evaluation test plan, reportsYes.
§ 63.8(f) (1)-(5)Alternative Monitoring MethodProcedures for Administrator to approve alternative monitoringYes.
§ 63.8(f)(6)Alternative to Relative Accuracy TestProcedures for Administrator to approve alternative relative accuracy tests for CEMSYes.
§ 63.8(g)Data ReductionCOMS 6-minute averages calculated over at least 36 evenly spaced data points; CEMS 1 hour averages computed over at least 4 equally spaced data points; data that cannot be used in averageYes.
§ 63.9(a)Notification RequirementsApplicability and State delegationYes.
§ 63.9(b)(1)-(2), (4)-(5)Initial NotificationsSubmit notification within 120 days after effective date, or no later than 120 days after the source becomes subject to this subpart, whichever is later; notification of intent to construct/reconstruct, notification of commencement of construction/reconstruction, notification of startup; contents of eachYes.
§ 63.9(c)Request for Compliance ExtensionCan request if cannot comply by date or if installed best available control technology or lowest achievable emission rateYes.
§ 63.9(d)Notification of Special Compliance Requirements for New SourcesFor sources that commence construction between proposal and promulgation and want to comply 3 years after effective dateYes.
§ 63.9(e)Notification of Performance TestNotify Administrator 60 days priorYes.
§ 63.9(f)Notification of VE/Opacity TestNotify Administrator 30 days priorNo.
§ 63.9(g)Additional Notifications When Using CMSNotification of performance evaluation; notification about use of COMS data; notification that exceeded criterion for relative accuracy alternativeYes, however, there are no opacity standards.
§ 63.9(h)(1)-(6)Notification of Compliance StatusContents due 60 days 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 authorityYes, except as specified in § 63.11095(a)(4); also, there are no opacity standards.
§ 63.9(i)Adjustment of Submittal DeadlinesProcedures for Administrator to approve change when notifications must be submittedYes.
§ 63.9(j)Change in Previous InformationMust submit within 15 days after the changeYes.
§ 63.9(k)NotificationsElectronic reporting proceduresYes, only as specified by § 63.9(j).
§ 63.10(a)Record-keeping/ReportingApplies to all, unless compliance extension; when to submit to Federal vs. State authority; procedures for owners of more than one sourceYes.
§ 63.10(b)(1)Record-keeping/ReportingGeneral requirements; keep all records readily available; keep for 5 yearsYes.
§ 63.10(b)(2)(i)Records related to SSMRecordkeeping of occurrence and duration of startups and shutdownsNo.
§ 63.10(b)(2)(ii)Records related to SSMRecordkeeping of malfunctionsNo. See § 63.11094(g) for recordkeeping of (1) occurrence and duration and (2) actions taken during malfunction.
§ 63.10(b)(2)(iii)Maintenance recordsRecordkeeping of maintenance on air pollution control and monitoring equipmentYes.
§ 63.10(b)(2)(iv)Records Related to SSMActions taken to minimize emissions during SSMNo.
§ 63.10(b)(2)(v)Records Related to SSMActions taken to minimize emissions during SSMNo.
§ 63.10(b)(2)(vi)-(xi)CMS RecordsMalfunctions, inoperative, out-of-control periodsYes.
§ 63.10(b)(2)(xii)RecordsRecords when under waiverYes.
§ 63.10(b)(2)(xiii)RecordsRecords when using alternative to relative accuracy testYes.
§ 63.10(b)(2)(xiv)RecordsAll documentation supporting initial notification and notification of compliance statusYes.
§ 63.10(b)(3)RecordsApplicability determinationsYes.
§ 63.10(c)RecordsAdditional records for CMSNo.
§ 63.10(d)(1)General Reporting RequirementsRequirement to reportYes.
§ 63.10(d)(2)Report of Performance Test ResultsWhen to submit to Federal or State authorityYes.
§ 63.10(d)(3)Reporting Opacity or VE ObservationsWhat to report and whenNo.
§ 63.10(d)(4)Progress ReportsMust submit progress reports on schedule if under compliance extensionYes.
§ 63.10(d)(5)SSM ReportsContents and submissionNo. See § 63.11095(d) for malfunction reporting requirements.
§ 63.10(e)(1)-(2)Additional CMS ReportsMust report results for each CEMS on a unit; written copy of CMS performance evaluation; 2-3 copies of COMS performance evaluationNo.
§ 63.10(e)(3)(i)-(iii)ReportsSchedule for reporting excess emissionsYes, note that § 63.11095 specifies excess emission events for this subpart.
§ 63.10(e)(3)(iv)-(v)Excess Emissions ReportsRequirement to revert to quarterly submission if there is an excess emissions and parameter monitor exceedances (now defined as deviations); provision to request semiannual reporting after compliance for 1 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 in a statement that there have been no deviations; must submit report containing all of the information in §§ 63.8(c)(7)-(8) and 63.10(c)(5)-(13)Yes, § 63.11095 specifies excess emission events for this subpart.
§ 63.10(e)(3)(vi)-(viii)Excess Emissions Report and Summary ReportRequirements for reporting excess emissions for CMS; requires all of the information in §§ 63.8(c)(7)-(8) and 63.10(c)(5)-(13)Yes.
§ 63.10(e)(4)Reporting COMS DataMust submit COMS data with performance test dataYes.
§ 63.10(f)Waiver for Recordkeeping/ReportingProcedures for Administrator to waiveYes.
§ 63.11(b)FlaresRequirements for flaresYes, the section references § 63.11(b).
§ 63.12DelegationState authority to enforce standardsYes.
§ 63.13AddressesAddresses where reports, notifications, and requests are sentYes.
§ 63.14Incorporations by ReferenceTest methods incorporated by referenceYes.
§ 63.15Availability of InformationPublic and confidential informationYes.

[73 FR 1933, Jan. 10, 2008, as amended at 76 FR 4180, Jan. 24, 2011; 85 FR 73919, Nov. 19, 2020]


Subpart CCCCCC – National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities


Source:73 FR 1945, Jan. 10, 2008, unless otherwise noted.

What This Subpart Covers

§ 63.11110 What is the purpose of this subpart?

This subpart establishes national emission limitations and management practices for hazardous air pollutants (HAP) emitted from the loading of gasoline storage tanks at gasoline dispensing facilities (GDF). This subpart also establishes requirements to demonstrate compliance with the emission limitations and management practices.


§ 63.11111 Am I subject to the requirements in this subpart?

(a) The affected source to which this subpart applies is each GDF that is located at an area source. The affected source includes each gasoline cargo tank during the delivery of product to a GDF and also includes each storage tank.


(b) If your GDF has a monthly throughput of less than 10,000 gallons of gasoline, you must comply with the requirements in § 63.11116.


(c) If your GDF has a monthly throughput of 10,000 gallons of gasoline or more, you must comply with the requirements in § 63.11117.


(d) If your GDF has a monthly throughput of 100,000 gallons of gasoline or more, you must comply with the requirements in § 63.11118.


(e) An affected source shall, upon request by the Administrator, demonstrate that their monthly throughput is less than the 10,000-gallon or the 100,000-gallon threshold level, as applicable. For new or reconstructed affected sources, as specified in § 63.11112(b) and (c), recordkeeping to document monthly throughput must begin upon startup of the affected source. For existing sources, as specified in § 63.11112(d), recordkeeping to document monthly throughput must begin on January 10, 2008. For existing sources that are subject to this subpart only because they load gasoline into fuel tanks other than those in motor vehicles, as defined in § 63.11132, recordkeeping to document monthly throughput must begin on January 24, 2011. Records required under this paragraph shall be kept for a period of 5 years.


(f) If you are an owner or operator of affected sources, as defined in paragraph (a) of this section, you are not required to obtain a permit under 40 CFR part 70 or 40 CFR part 71 as a result of being subject to this subpart. However, you must still apply for and obtain a permit under 40 CFR part 70 or 40 CFR part 71 if you meet one or more of the applicability criteria found in 40 CFR 70.3(a) and (b) or 40 CFR 71.3(a) and (b).


(g) The loading of aviation gasoline into storage tanks at airports, and the subsequent transfer of aviation gasoline within the airport, is not subject to this subpart.


(h) Monthly throughput is the total volume of gasoline loaded into, or dispensed from, all the gasoline storage tanks located at a single affected GDF. If an area source has two or more GDF at separate locations within the area source, each GDF is treated as a separate affected source.


(i) If your affected source’s throughput ever exceeds an applicable throughput threshold, the affected source will remain subject to the requirements for sources above the threshold, even if the affected source throughput later falls below the applicable throughput threshold.


(j) The dispensing of gasoline from a fixed gasoline storage tank at a GDF into a portable gasoline tank for the on-site delivery and subsequent dispensing of the gasoline into the fuel tank of a motor vehicle or other gasoline-fueled engine or equipment used within the area source is only subject to § 63.11116 of this subpart.


(k) For any affected source subject to the provisions of this subpart and another Federal rule, you may elect to comply only with the more stringent provisions of the applicable subparts. You must consider all provisions of the rules, including monitoring, recordkeeping, and reporting. You must identify the affected source and provisions with which you will comply in your Notification of Compliance Status required under § 63.11124. You also must demonstrate in your Notification of Compliance Status that each provision with which you will comply is at least as stringent as the otherwise applicable requirements in this subpart. You are responsible for making accurate determinations concerning the more stringent provisions, and noncompliance with this rule is not excused if it is later determined that your determination was in error, and, as a result, you are violating this subpart. Compliance with this rule is your responsibility and the Notification of Compliance Status does not alter or affect that responsibility.


[73 FR 1945, Jan. 10, 2008, as amended at 76 FR 4181, Jan. 24, 2011]


§ 63.11112 What parts of my affected source does this subpart cover?

(a) The emission sources to which this subpart applies are gasoline storage tanks and associated equipment components in vapor or liquid gasoline service at new, reconstructed, or existing GDF that meet the criteria specified in § 63.11111. Pressure/Vacuum vents on gasoline storage tanks and the equipment necessary to unload product from cargo tanks into the storage tanks at GDF are covered emission sources. The equipment used for the refueling of motor vehicles is not covered by this subpart.


(b) An affected source is a new affected source if you commenced construction on the affected source after November 9, 2006, and you meet the applicability criteria in § 63.11111 at the time you commenced operation.


(c) An affected source is reconstructed if you meet the criteria for reconstruction as defined in § 63.2.


(d) An affected source is an existing affected source if it is not new or reconstructed.


§ 63.11113 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, except as specified in paragraph (d) of this section.


(1) If you start up your affected source before January 10, 2008, you must comply with the standards in this subpart no later than January 10, 2008.


(2) If you start up your affected source after January 10, 2008, you must comply with the standards in this subpart upon startup of your affected source.


(b) If you have an existing affected source, you must comply with the standards in this subpart no later than January 10, 2011.


(c) If you have an existing affected source that becomes subject to the control requirements in this subpart because of an increase in the monthly throughput, as specified in § 63.11111(c) or § 63.11111(d), you must comply with the standards in this subpart no later than 3 years after the affected source becomes subject to the control requirements in this subpart.


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


(1) If you start up your affected source from November 9, 2006 to September 23, 2008, you must comply no later than September 23, 2008.


(2) If you start up your affected source after September 23, 2008, you must comply upon startup of your affected source.


(e) The initial compliance demonstration test required under § 63.11120(a)(1) and (2) must be conducted as specified in paragraphs (e)(1) and (2) of this section.


(1) If you have a new or reconstructed affected source, you must conduct the initial compliance test upon installation of the complete vapor balance system.


(2) If you have an existing affected source, you must conduct the initial compliance test as specified in paragraphs (e)(2)(i) or (e)(2)(ii) of this section.


(i) For vapor balance systems installed on or before December 15, 2009, you must test no later than 180 days after the applicable compliance date specified in paragraphs (b) or (c) of this section.


(ii) For vapor balance systems installed after December 15, 2009, you must test upon installation of the complete vapor balance system.


(f) If your GDF is subject to the control requirements in this subpart only because it loads gasoline into fuel tanks other than those in motor vehicles, as defined in § 63.11132, you must comply with the standards in this subpart as specified in paragraphs (f)(1) or (f)(2) of this section.


(1) If your GDF is an existing facility, you must comply by January 24, 2014.


(2) If your GDF is a new or reconstructed facility, you must comply by the dates specified in paragraphs (f)(2)(i) and (ii) of this section.


(i) If you start up your GDF after December 15, 2009, but before January 24, 2011, you must comply no later than January 24, 2011.


(ii) If you start up your GDF after January 24, 2011, you must comply upon startup of your GDF.


[73 FR 1945, Jan. 10, 2008, as amended at 73 FR 35944, June 25, 2008; 76 FR 4181, Jan. 24, 2011]


Emission Limitations and Management Practices

§ 63.11115 What are my general duties to minimize emissions?

Each owner or operator of an affected source under this subpart must comply with the requirements of paragraphs (a) and (b) of this section.


(a) You must, at all times, operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the 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.


(b) You must keep applicable records and submit reports as specified in § 63.11125(d) and § 63.11126(b).


[76 FR 4182, Jan. 24, 2011]


§ 63.11116 Requirements for facilities with monthly throughput of less than 10,000 gallons of gasoline.

(a) You must not allow gasoline to be handled in a manner that would result in vapor releases to the atmosphere for extended periods of time. Measures to be taken include, but are not limited to, the following:


(1) Minimize gasoline spills;


(2) Clean up spills as expeditiously as practicable;


(3) Cover all open gasoline containers and all gasoline storage tank fill-pipes with a gasketed seal when not in use;


(4) Minimize gasoline sent to open waste collection systems that collect and transport gasoline to reclamation and recycling devices, such as oil/water separators.


(b) You are not required to submit notifications or reports as specified in § 63.11125, § 63.11126, or subpart A of this part, but you must have records available within 24 hours of a request by the Administrator to document your gasoline throughput.


(c) You must comply with the requirements of this subpart by the applicable dates specified in § 63.11113.


(d) Portable gasoline containers that meet the requirements of 40 CFR part 59, subpart F, are considered acceptable for compliance with paragraph (a)(3) of this section.


[73 FR 1945, Jan. 10, 2008, as amended at 76 FR 4182, Jan. 24, 2011]


§ 63.11117 Requirements for facilities with monthly throughput of 10,000 gallons of gasoline or more.

(a) You must comply with the requirements in section § 63.11116(a).


(b) Except as specified in paragraph (c) of this section, you must only load gasoline into storage tanks at your facility by utilizing submerged filling, as defined in § 63.11132, and as specified in paragraphs (b)(1), (b)(2), or (b)(3) of this section. The applicable distances in paragraphs (b)(1) and (2) shall be measured from the point in the opening of the submerged fill pipe that is the greatest distance from the bottom of the storage tank.


(1) Submerged fill pipes installed on or before November 9, 2006, must be no more than 12 inches from the bottom of the tank.


(2) Submerged fill pipes installed after November 9, 2006, must be no more than 6 inches from the bottom of the tank.


(3) Submerged fill pipes not meeting the specifications of paragraphs (b)(1) or (b)(2) of this section are allowed if the owner or operator can demonstrate that the liquid level in the tank is always above the entire opening of the fill pipe. Documentation providing such demonstration must be made available for inspection by the Administrator’s delegated representative during the course of a site visit.


(c) Gasoline storage tanks with a capacity of less than 250 gallons are not required to comply with the submerged fill requirements in paragraph (b) of this section, but must comply only with all of the requirements in § 63.11116.


(d) You must have records available within 24 hours of a request by the Administrator to document your gasoline throughput.


(e) You must submit the applicable notifications as required under § 63.11124(a).


(f) You must comply with the requirements of this subpart by the applicable dates contained in § 63.11113.


[73 FR 1945, Jan. 10, 2008, as amended at 73 FR 12276, Mar. 7, 2008; 76 FR 4182, Jan. 24, 2011]


§ 63.11118 Requirements for facilities with monthly throughput of 100,000 gallons of gasoline or more.

(a) You must comply with the requirements in §§ 63.11116(a) and 63.11117(b).


(b) Except as provided in paragraph (c) of this section, you must meet the requirements in either paragraph (b)(1) or paragraph (b)(2) of this section.


(1) Each management practice in Table 1 to this subpart that applies to your GDF.


(2) If, prior to January 10, 2008, you satisfy the requirements in both paragraphs (b)(2)(i) and (ii) of this section, you will be deemed in compliance with this subsection.


(i) You operate a vapor balance system at your GDF that meets the requirements of either paragraph (b)(2)(i)(A) or paragraph (b)(2)(i)(B) of this section.


(A) Achieves emissions reduction of at least 90 percent.


(B) Operates using management practices at least as stringent as those in Table 1 to this subpart.


(ii) Your gasoline dispensing facility is in compliance with an enforceable State, local, or tribal rule or permit that contains requirements of either paragraph (b)(2)(i)(A) or paragraph (b)(2)(i)(B) of this section.


(c) The emission sources listed in paragraphs (c)(1) through (3) of this section are not required to comply with the control requirements in paragraph (b) of this section, but must comply with the requirements in § 63.11117.


(1) Gasoline storage tanks with a capacity of less than 250 gallons that are constructed after January 10, 2008.


(2) Gasoline storage tanks with a capacity of less than 2,000 gallons that were constructed before January 10, 2008.


(3) Gasoline storage tanks equipped with floating roofs, or the equivalent.


(d) Cargo tanks unloading at GDF must comply with the management practices in Table 2 to this subpart.


(e) You must comply with the applicable testing requirements contained in § 63.11120.


(f) You must submit the applicable notifications as required under § 63.11124.


(g) You must keep records and submit reports as specified in §§ 63.11125 and 63.11126.


(h) You must comply with the requirements of this subpart by the applicable dates contained in § 63.11113.


[73 FR 1945, Jan. 10, 2008, as amended at 73 FR 12276, Mar. 7, 2008]


Testing and Monitoring Requirements

§ 63.11120 What testing and monitoring requirements must I meet?

(a) Each owner or operator, at the time of installation, as specified in § 63.11113(e), of a vapor balance system required under § 63.11118(b)(1), and every 3 years thereafter, must comply with the requirements in paragraphs (a)(1) and (2) of this section.


(1) You must demonstrate compliance with the leak rate and cracking pressure requirements, specified in item 1(g) of Table 1 to this subpart, for pressure-vacuum vent valves installed on your gasoline storage tanks using the test methods identified in paragraph (a)(1)(i) or paragraph (a)(1)(ii) of this section.


(i) California Air Resources Board Vapor Recovery Test Procedure TP-201.1E, – Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves, adopted October 8, 2003 (incorporated by reference, see § 63.14).


(ii) Use alternative test methods and procedures in accordance with the alternative test method requirements in § 63.7(f).


(2) You must demonstrate compliance with the static pressure performance requirement specified in item 1(h) of Table 1 to this subpart for your vapor balance system by conducting a static pressure test on your gasoline storage tanks using the test methods identified in paragraphs (a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this section.


(i) California Air Resources Board Vapor Recovery Test Procedure TP-201.3, – Determination of 2-Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities, adopted April 12, 1996, and amended March 17, 1999 (incorporated by reference, see § 63.14).


(ii) Use alternative test methods and procedures in accordance with the alternative test method requirements in § 63.7(f).


(iii) Bay Area Air Quality Management District Source Test Procedure ST-30 – Static Pressure Integrity Test – Underground Storage Tanks, adopted November 30, 1983, and amended December 21, 1994 (incorporated by reference, see § 63.14).


(b) Each owner or operator choosing, under the provisions of § 63.6(g), to use a vapor balance system other than that described in Table 1 to this subpart must demonstrate to the Administrator or delegated authority under paragraph § 63.11131(a) of this subpart, the equivalency of their vapor balance system to that described in Table 1 to this subpart using the procedures specified in paragraphs (b)(1) through (3) of this section.


(1) You must demonstrate initial compliance by conducting an initial performance test on the vapor balance system to demonstrate that the vapor balance system achieves 95 percent reduction using the California Air Resources Board Vapor Recovery Test Procedure TP-201.1, – Volumetric Efficiency for Phase I Vapor Recovery Systems, adopted April 12, 1996, and amended February 1, 2001, and October 8, 2003, (incorporated by reference, see § 63.14).


(2) You must, during the initial performance test required under paragraph (b)(1) of this section, determine and document alternative acceptable values for the leak rate and cracking pressure requirements specified in item 1(g) of Table 1 to this subpart and for the static pressure performance requirement in item 1(h) of Table 1 to this subpart.


(3) You must comply with the testing requirements specified in paragraph (a) of this section.


(c) Conduct of performance tests. Performance tests conducted for this subpart shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance (i.e., performance based on normal operating conditions) of the affected source. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests.


(d) Owners and operators of gasoline cargo tanks subject to the provisions of Table 2 to this subpart must conduct annual certification testing according to the vapor tightness testing requirements found in § 63.11092(f).


[73 FR 1945, Jan. 10, 2008, as amended at 76 FR 4182, Jan. 24, 2011]


Notifications, Records, and Reports

§ 63.11124 What notifications must I submit and when?

(a) Each owner or operator subject to the control requirements in § 63.11117 must comply with paragraphs (a)(1) through (3) of this section.


(1) You must submit an Initial Notification that you are subject to this subpart by May 9, 2008, or no later than 120 days after the source becomes subject to this subpart, whichever is later, or at the time you become subject to the control requirements in § 63.11117, unless you meet the requirements in paragraph (a)(3) of this section. If your affected source is subject to the control requirements in § 63.11117 only because it loads gasoline into fuel tanks other than those in motor vehicles, as defined in § 63.11132, you must submit the Initial Notification by May 24, 2011, or no later than 120 days after the source becomes subject to this subpart, whichever is later. The Initial Notification must contain the information specified in paragraphs (a)(1)(i) through (iii) of this section. The notification must be submitted to the applicable EPA Regional office and delegated state authority as specified in § 63.13.


(i) The name and address of the owner and the operator.


(ii) The address (i.e., physical location) of the GDF.


(iii) A statement that the notification is being submitted in response to this subpart and identifying the requirements in paragraphs (a) through (c) of § 63.11117 that apply to you.


(2) You must submit a Notification of Compliance Status to the applicable EPA Regional Office and the delegated State authority, as specified in § 63.13, within 60 days of the applicable compliance date specified in § 63.11113, unless you meet the requirements in paragraph (a)(3) of this section. The Notification of Compliance Status must be signed by a responsible official who must certify its accuracy, must indicate whether the source has complied with the requirements of this subpart, and must indicate whether the facilities’ monthly throughput is calculated based on the volume of gasoline loaded into all storage tanks or on the volume of gasoline dispensed from all storage tanks. If your facility is in compliance with the requirements of this subpart at the time the Initial Notification required under paragraph (a)(1) of this section is due, the Notification of Compliance Status may be submitted in lieu of the Initial Notification provided it contains the information required under paragraph (a)(1) of this section.


(3) If, prior to January 10, 2008, you are operating in compliance with an enforceable State, local, or tribal rule or permit that requires submerged fill as specified in § 63.11117(b), you are not required to submit an Initial Notification or a Notification of Compliance Status under paragraph (a)(1) or paragraph (a)(2) of this section.


(b) Each owner or operator subject to the control requirements in § 63.11118 must comply with paragraphs (b)(1) through (5) of this section.


(1) You must submit an Initial Notification that you are subject to this subpart by May 9, 2008, or no later than 120 days after the source becomes subject to this subpart, whichever is later, or at the time you become subject to the control requirements in § 63.11118. If your affected source is subject to the control requirements in § 63.11118 only because it loads gasoline into fuel tanks other than those in motor vehicles, as defined in § 63.11132, you must submit the Initial Notification by May 24, 2011, or no later than 120 days after the source becomes subject to this subpart, whichever is later. The Initial Notification must contain the information specified in paragraphs (b)(1)(i) through (iii) of this section. The notification must be submitted to the applicable EPA Regional office and delegated state authority as specified in § 63.13.


(i) The name and address of the owner and the operator.


(ii) The address (i.e., physical location) of the GDF.


(iii) A statement that the notification is being submitted in response to this subpart and identifying the requirements in paragraphs (a) through (c) of § 63.11118 that apply to you.


(2) You must submit a Notification of Compliance Status to the applicable EPA Regional Office and the delegated State authority, as specified in § 63.13, in accordance with the schedule specified in § 63.9(h). The Notification of Compliance Status must be signed by a responsible official who must certify its accuracy, must indicate whether the source has complied with the requirements of this subpart, and must indicate whether the facility’s throughput is determined based on the volume of gasoline loaded into all storage tanks or on the volume of gasoline dispensed from all storage tanks. If your facility is in compliance with the requirements of this subpart at the time the Initial Notification required under paragraph (b)(1) of this section is due, the Notification of Compliance Status may be submitted in lieu of the Initial Notification provided it contains the information required under paragraph (b)(1) of this section.


(3) If, prior to January 10, 2008, you satisfy the requirements in both paragraphs (b)(3)(i) and (ii) of this section, you are not required to submit an Initial Notification or a Notification of Compliance Status under paragraph (b)(1) or paragraph (b)(2) of this subsection.


(i) You operate a vapor balance system at your gasoline dispensing facility that meets the requirements of either paragraphs (b)(3)(i)(A) or (b)(3)(i)(B) of this section.


(A) Achieves emissions reduction of at least 90 percent.


(B) Operates using management practices at least as stringent as those in Table 1 to this subpart.


(ii) Your gasoline dispensing facility is in compliance with an enforceable State, local, or tribal rule or permit that contains requirements of either paragraphs (b)(3)(i)(A) or (b)(3)(i)(B) of this section.


(4) You must submit a Notification of Performance Test, as specified in § 63.9(e), prior to initiating testing required by § 63.11120(a) and (b).


(5) You must submit additional notifications specified in § 63.9, as applicable.


[73 FR 1945, Jan. 10, 2008, as amended at 73 FR 12276, Mar. 7, 2008; 76 FR 4182, Jan. 24, 2011; 85 FR 73919, Nov. 19, 2020]


§ 63.11125 What are my recordkeeping requirements?

(a) Each owner or operator subject to the management practices in § 63.11118 must keep records of all tests performed under § 63.11120(a) and (b).


(b) Records required under paragraph (a) of this section shall be kept for a period of 5 years and shall be made available for inspection by the Administrator’s delegated representatives during the course of a site visit.


(c) Each owner or operator of a gasoline cargo tank subject to the management practices in Table 2 to this subpart must keep records documenting vapor tightness testing for a period of 5 years. Documentation must include each of the items specified in § 63.11094(b)(2)(i) through (viii). Records of vapor tightness testing must be retained as specified in either paragraph (c)(1) or paragraph (c)(2) of this section.


(1) The owner or operator must keep all vapor tightness testing records with the cargo tank.


(2) As an alternative to keeping all records with the cargo tank, the owner or operator may comply with the requirements of paragraphs (c)(2)(i) and (ii) of this section.


(i) The owner or operator may keep records of only the most recent vapor tightness test with the cargo tank, and keep records for the previous 4 years at their office or another central location.


(ii) Vapor tightness testing records that are kept at a location other than with the cargo tank must be instantly available (e.g., via e-mail or facsimile) to the Administrator’s delegated representative during the course of a site visit or within a mutually agreeable time frame. Such records must be an exact duplicate image of the original paper copy record with certifying signatures.


(d) Each owner or operator of an affected source under this subpart shall keep records as specified in paragraphs (d)(1) and (2) of this section.


(1) Records of the occurrence and duration of each malfunction of operation (i.e., process equipment) or the air pollution control and monitoring equipment.


(2) Records of actions taken during periods of malfunction to minimize emissions in accordance with § 63.11115(a), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation.


[73 FR 1945, Jan. 10, 2008, as amended at 76 FR 4183, Jan. 24, 2011]


§ 63.11126 What are my reporting requirements?

(a) Each owner or operator subject to the management practices in § 63.11118 shall report to the Administrator the results of all volumetric efficiency tests required under § 63.11120(b). Reports submitted under this paragraph must be submitted within 180 days of the completion of the performance testing.


(b) Each owner or operator of an affected source under this subpart shall report, by March 15 of each year, the number, duration, and a brief description of each type of malfunction which occurred during the previous calendar year 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 an owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 63.11115(a), including actions taken to correct a malfunction. No report is necessary for a calendar year in which no malfunctions occurred.


[76 FR 4183, Jan. 24, 2011]


Other Requirements and Information

§ 63.11130 What parts of the General Provisions apply to me?

Table 3 to this subpart shows which parts of the General Provisions apply to you.


§ 63.11131 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority such as the applicable State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or tribal agency.


(b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or tribal agency.


(c) The authorities that cannot be delegated to State, local, or tribal agencies are as specified in paragraphs (c)(1) through (3) of this section.


(1) Approval of alternatives to the requirements in §§ 63.11116 through 63.11118 and 63.11120.


(2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart.


(3) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart.


§ 63.11132 What definitions apply to this subpart?

As used in this subpart, all terms not defined herein shall have the meaning given them in the Clean Air Act (CAA), or in subparts A and BBBBBB of this part. For purposes of this subpart, definitions in this section supersede definitions in other parts or subparts.


Dual-point vapor balance system means a type of vapor balance system in which the storage tank is equipped with an entry port for a gasoline fill pipe and a separate exit port for a vapor connection.


Gasoline means any petroleum distillate or petroleum distillate/alcohol blend having a Reid vapor pressure of 27.6 kilopascals or greater, which is used as a fuel for internal combustion engines.


Gasoline cargo tank means a delivery tank truck or railcar which is loading or unloading gasoline, or which has loaded or unloaded gasoline on the immediately previous load.


Gasoline dispensing facility (GDF) means any stationary facility which dispenses gasoline into the fuel tank of a motor vehicle, motor vehicle engine, nonroad vehicle, or nonroad engine, including a nonroad vehicle or nonroad engine used solely for competition. These facilities include, but are not limited to, facilities that dispense gasoline into on- and off-road, street, or highway motor vehicles, lawn equipment, boats, test engines, landscaping equipment, generators, pumps, and other gasoline-fueled engines and equipment.


Monthly throughput means the total volume of gasoline that is loaded into, or dispensed from, all gasoline storage tanks at each GDF during a month. Monthly throughput is calculated by summing the volume of gasoline loaded into, or dispensed from, all gasoline storage tanks at each GDF during the current day, plus the total volume of gasoline loaded into, or dispensed from, all gasoline storage tanks at each GDF during the previous 364 days, and then dividing that sum by 12.


Motor vehicle means any self-propelled vehicle designed for transporting persons or property on a street or highway.


Nonroad engine means an internal combustion engine (including the fuel system) that is not used in a motor vehicle or a vehicle used solely for competition, or that is not subject to standards promulgated under section 7411 of this title or section 7521 of this title.


Nonroad vehicle means a vehicle that is powered by a nonroad engine, and that is not a motor vehicle or a vehicle used solely for competition.


Submerged filling means, for the purposes of this subpart, the filling of a gasoline storage tank through a submerged fill pipe whose discharge is no more than the applicable distance specified in § 63.11117(b) from the bottom of the tank. Bottom filling of gasoline storage tanks is included in this definition.


Vapor balance system means a combination of pipes and hoses that create a closed system between the vapor spaces of an unloading gasoline cargo tank and a receiving storage tank such that vapors displaced from the storage tank are transferred to the gasoline cargo tank being unloaded.


Vapor-tight means equipment that allows no loss of vapors. Compliance with vapor-tight requirements can be determined by checking to ensure that the concentration at a potential leak source is not equal to or greater than 100 percent of the Lower Explosive Limit when measured with a combustible gas detector, calibrated with propane, at a distance of 1 inch from the source.


Vapor-tight gasoline cargo tank means a gasoline cargo tank which has demonstrated within the 12 preceding months that it meets the annual certification test requirements in § 63.11092(f) of this part.


[73 FR 1945, Jan. 10, 2008, as amended at 76 FR 4183, Jan. 24, 2011]


Table 1 to Subpart CCCCCC of Part 63 – Applicability Criteria and Management Practices for Gasoline Dispensing Facilities With Monthly Throughput of 100,000 Gallons of Gasoline or More
1

If you own or operate
Then you must
1. A new, reconstructed, or existing GDF subject to § 63.11118Install and operate a vapor balance system on your gasoline storage tanks that meets the design criteria in paragraphs (a) through (h).
(a) All vapor connections and lines on the storage tank shall be equipped with closures that seal upon disconnect.
(b) The vapor line from the gasoline storage tank to the gasoline cargo tank shall be vapor-tight, as defined in § 63.11132.
(c) The vapor balance system shall be designed such that the pressure in the tank truck does not exceed 18 inches water pressure or 5.9 inches water vacuum during product transfer.
(d) The vapor recovery and product adaptors, and the method of connection with the delivery elbow, shall be designed so as to prevent the over-tightening or loosening of fittings during normal delivery operations.
(e) If a gauge well separate from the fill tube is used, it shall be provided with a submerged drop tube that extends the same distance from the bottom of the storage tank as specified in § 63.11117(b).
(f) Liquid fill connections for all systems shall be equipped with vapor-tight caps.
(g) Pressure/vacuum (PV) vent valves shall be installed on the storage tank vent pipes. The pressure specifications for PV vent valves shall be: a positive pressure setting of 2.5 to 6.0 inches of water and a negative pressure setting of 6.0 to 10.0 inches of water. The total leak rate of all PV vent valves at an affected facility, including connections, shall not exceed 0.17 cubic foot per hour at a pressure of 2.0 inches of water and 0.63 cubic foot per hour at a vacuum of 4 inches of water.
(h) The vapor balance system shall be capable of meeting the static pressure performance requirement of the following equation:
Pf = 2e−500.887/v
Where:
Pf = Minimum allowable final pressure, inches of water.
v = Total ullage affected by the test, gallons.
e = Dimensionless constant equal to approximately 2.718.
2 = The initial pressure, inches water.
2. A new or reconstructed GDF, or any storage tank(s) constructed after November 9, 2006, at an existing affected facility subject to § 63.11118Equip your gasoline storage tanks with a dual-point vapor balance system, as defined in § 63.11132, and comply with the requirements of item 1 in this Table.


1 The management practices specified in this Table are not applicable if you are complying with the requirements in § 63.11118(b)(2), except that if you are complying with the requirements in § 63.11118(b)(2)(i)(B), you must operate using management practices at least as stringent as those listed in this Table.


[73 FR 1945, Jan. 10, 2008, as amended at 73 FR 35944, June 25, 2008; 76 FR 4184, Jan. 24, 2011]


Table 2 to Subpart CCCCCC of Part 63 – Applicability Criteria and Management Practices for Gasoline Cargo Tanks Unloading at Gasoline Dispensing Facilities With Monthly Throughput of 100,000 Gallons of Gasoline or More

If you own or operate
Then you must
A gasoline cargo tankNot unload gasoline into a storage tank at a GDF subject to the control requirements in this subpart unless the following conditions are met:
(i) All hoses in the vapor balance system are properly connected,
(ii) The adapters or couplers that attach to the vapor line on the storage tank have closures that seal upon disconnect,
(iii) All vapor return hoses, couplers, and adapters used in the gasoline delivery are vapor-tight,
(iv) All tank truck vapor return equipment is compatible in size and forms a vapor-tight connection with the vapor balance equipment on the GDF storage tank, and
(v) All hatches on the tank truck are closed and securely fastened.
(vi) The filling of storage tanks at GDF shall be limited to unloading from vapor-tight gasoline cargo tanks. Documentation that the cargo tank has met the specifications of EPA Method 27 shall be carried with the cargo tank, as specified in § 63.11125(c).

[73 FR 1945, Jan. 10, 2008, as amended at 76 FR 4184, Jan. 24, 2011]


Table 3 to Subpart CCCCCC of Part 63 – Applicability of General Provisions

Citation
Subject
Brief description
Applies to subpart CCCCCC
§ 63.1ApplicabilityInitial applicability determination; applicability after standard established; permit requirements; extensions, notificationsYes, specific requirements given in § 63.11111.
§ 63.1(c)(2)Title V PermitRequirements for obtaining a title V permit from the applicable permitting authorityYes, § 63.11111(f) of subpart CCCCCC exempts identified area sources from the obligation to obtain title V operating permits.
§ 63.2DefinitionsDefinitions for part 63 standardsYes, additional definitions in § 63.11132.
§ 63.3Units and AbbreviationsUnits and abbreviations for part 63 standardsYes.
§ 63.4Prohibited Activities and CircumventionProhibited activities; Circumvention, severabilityYes.
§ 63.5Construction/ReconstructionApplicability; applications; approvalsYes, except that these notifications are not required for facilities subject to § 63.11116
§ 63.6(a)Compliance with Standards/Operation & Maintenance – ApplicabilityGeneral Provisions apply unless compliance extension; General Provisions apply to area sources that become majorYes.
§ 63.6(b)(1)-(4)Compliance Dates for New and Reconstructed SourcesStandards apply at effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for CAA section 112(f)Yes.
§ 63.6(b)(5)NotificationMust notify if commenced construction or reconstruction after proposalYes.
§ 63.6(b)(6)[Reserved]
§ 63.6(b)(7)Compliance Dates for New and Reconstructed Area Sources That Become MajorArea sources that become major must comply with major source standards immediately upon becoming major, regardless of whether required to comply when they were an area sourceNo.
§ 63.6(c)(1)-(2)Compliance Dates for Existing SourcesComply according to date in this subpart, which must be no later than 3 years after effective date; for CAA section 112(f) standards, comply within 90 days of effective date unless compliance extensionNo, § 63.11113 specifies the compliance dates.
§ 63.6(c)(3)-(4)[Reserved]
§ 63.6(c)(5)Compliance Dates for Existing Area Sources That Become MajorArea sources That become major must comply with major source standards by date indicated in this subpart or by equivalent time period (e.g., 3 years)No.
§ 63.6(d)[Reserved]
63.6(e)(1)(i)General duty to minimize emissionsOperate to minimize emissions at all times; information Administrator will use to determine if operation and maintenance requirements were met.No. See § 63.11115 for general duty requirement.
63.6(e)(1)(ii)Requirement to correct malfunctions ASAPOwner or operator must correct malfunctions as soon as possible.No.
§ 63.6(e)(2)[Reserved]
§ 63.6(e)(3)Startup, Shutdown, and Malfunction (SSM) PlanRequirement for SSM plan; content of SSM plan; actions during SSMNo.
§ 63.6(f)(1)Compliance Except During SSMYou must comply with emission standards at all times except during SSMNo.
§ 63.6(f)(2)-(3)Methods for Determining ComplianceCompliance based on performance test, operation and maintenance plans, records, inspectionYes.
§ 63.6(g)(1)-(3)Alternative StandardProcedures for getting an alternative standardYes.
§ 63.6(h)(1)Compliance with Opacity/Visible Emission (VE) StandardsYou must comply with opacity/VE standards at all times except during SSMNo.
§ 63.6(h)(2)(i)Determining Compliance with Opacity/VE StandardsIf standard does not State test method, use EPA Method 9 for opacity in appendix A of part 60 of this chapter and EPA Method 22 for VE in appendix A of part 60 of this chapterNo.
§ 63.6(h)(2)(ii)[Reserved]
§ 63.6(h)(2)(iii)Using Previous Tests To Demonstrate Compliance With Opacity/VE StandardsCriteria for when previous opacity/VE testing can be used to show compliance with this subpartNo.
§ 63.6(h)(3)[Reserved]
§ 63.6(h)(4)Notification of Opacity/VE Observation DateMust notify Administrator of anticipated date of observationNo.
§ 63.6(h)(5)(i), (iii)-(v)Conducting Opacity/VE ObservationsDates and schedule for conducting opacity/VE observationsNo.
§ 63.6(h)(5)(ii)Opacity Test Duration and Averaging TimesMust have at least 3 hours of observation with 30 6-minute averagesNo.
§ 63.6(h)(6)Records of Conditions During Opacity/VE ObservationsMust keep records available and allow Administrator to inspectNo.
§ 63.6(h)(7)(i)Report Continuous Opacity Monitoring System (COMS) Monitoring Data From Performance TestMust submit COMS data with other performance test dataNo.
§ 63.6(h)(7)(ii)Using COMS Instead of EPA Method 9Can submit COMS data instead of EPA Method 9 results even if rule requires EPA Method 9 in appendix A of part 60 of this chapter, but must notify Administrator before performance testNo.
§ 63.6(h)(7)(iii)Averaging Time for COMS During Performance TestTo determine compliance, must reduce COMS data to 6-minute averagesNo.
§ 63.6(h)(7)(iv)COMS RequirementsOwner/operator must demonstrate that COMS performance evaluations are conducted according to § 63.8(e); COMS are properly maintained and operated according to § 63.8(c) and data quality as § 63.8(d)No.
§ 63.6(h)(7)(v)Determining Compliance with Opacity/VE StandardsCOMS is probable but not conclusive evidence of compliance with opacity standard, even if EPA Method 9 observation shows otherwise. Requirements for COMS to be probable evidence-proper maintenance, meeting Performance Specification 1 in appendix B of part 60 of this chapter, and data have not been alteredNo.
§ 63.6(h)(8)Determining Compliance with Opacity/VE StandardsAdministrator will use all COMS, EPA Method 9 (in appendix A of part 60 of this chapter), and EPA Method 22 (in appendix A of part 60 of this chapter) results, as well as information about operation and maintenance to determine complianceNo.
§ 63.6(h)(9)Adjusted Opacity StandardProcedures for Administrator to adjust an opacity standardNo.
§ 63.6(i)(1)-(14)Compliance ExtensionProcedures and criteria for Administrator to grant compliance extensionYes.
§ 63.6(j)Presidential Compliance ExemptionPresident may exempt any source from requirement to comply with this subpartYes.
§ 63.7(a)(2)Performance Test DatesDates for conducting initial performance testing; must conduct 180 days after compliance dateYes.
§ 63.7(a)(3)CAA Section 114 AuthorityAdministrator may require a performance test under CAA section 114 at any timeYes.
§ 63.7(b)(1)Notification of Performance TestMust notify Administrator 60 days before the testYes.
§ 63.7(b)(2)Notification of Re-schedulingIf have to reschedule performance test, must notify Administrator of rescheduled date as soon as practicable and without delayYes.
§ 63.7(c)Quality Assurance (QA)/Test PlanRequirement to submit 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 testingYes.
§ 63.7(d)Testing FacilitiesRequirements for testing facilitiesYes.
63.7(e)(1)Conditions for Conducting Performance TestsPerformance test must be conducted under representative conditionsNo, § 63.11120(c) specifies conditions for conducting performance tests.
§ 63.7(e)(2)Conditions for Conducting Performance TestsMust conduct according to this subpart and EPA test methods unless Administrator approves alternativeYes.
§ 63.7(e)(3)Test Run DurationMust have 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 usedYes.
§ 63.7(f)Alternative Test MethodProcedures by which Administrator can grant approval to use an intermediate or major change, or alternative to a test methodYes.
§ 63.7(g)Performance Test Data AnalysisMust include raw data in performance test report; must submit performance test data 60 days after end of test with the Notification of Compliance Status; keep data for 5 yearsYes.
§ 63.7(h)Waiver of TestsProcedures for Administrator to waive performance testYes.
§ 63.8(a)(1)Applicability of Monitoring RequirementsSubject to all monitoring requirements in standardYes.
§ 63.8(a)(2)Performance SpecificationsPerformance Specifications in appendix B of 40 CFR part 60 applyYes.
§ 63.8(a)(3)[Reserved]
§ 63.8(a)(4)Monitoring of FlaresMonitoring requirements for flares in § 63.11 applyYes.
§ 63.8(b)(1)MonitoringMust conduct monitoring according to standard unless Administrator approves alternativeYes.
§ 63.8(b)(2)-(3)Multiple Effluents and Multiple Monitoring SystemsSpecific requirements for installing monitoring systems; must install on each affected source or after combined with another affected source before it is released to the atmosphere provided the monitoring is sufficient to demonstrate compliance with the standard; if more than one monitoring system on an emission point, must report all monitoring system results, unless one monitoring system is a backupNo.
§ 63.8(c)(1)Monitoring System Operation and MaintenanceMaintain monitoring system in a manner consistent with good air pollution control practicesNo.
§ 63.8(c)(1)(i)-(iii)Operation and Maintenance of Continuous Monitoring Systems (CMS)Must maintain and operate each CMS as specified in § 63.6(e)(1); must keep parts for routine repairs readily available; must develop a written SSM plan for CMS, as specified in § 63.6(e)(3)No.
§ 63.8(c)(2)-(8)CMS RequirementsMust install to get representative emission or parameter measurements; must verify operational status before or at performance testNo.
§ 63.8(d)CMS Quality ControlRequirements for CMS quality control, including calibration, etc.; must keep quality control plan on record for 5 years; keep old versions for 5 years after revisionsNo.
§ 63.8(e)CMS Performance EvaluationNotification, performance evaluation test plan, reportsNo.
§ 63.8(f)(1)-(5)Alternative Monitoring MethodProcedures for Administrator to approve alternative monitoringNo.
§ 63.8(f)(6)Alternative to Relative Accuracy TestProcedures for Administrator to approve alternative relative accuracy tests for continuous emissions monitoring system (CEMS)No.
§ 63.8(g)Data ReductionCOMS 6-minute averages calculated over at least 36 evenly spaced data points; CEMS 1 hour averages computed over at least 4 equally spaced data points; data that cannot be used in averageNo.
§ 63.9(a)Notification RequirementsApplicability and State delegationYes.
§ 63.9(b)(1)-(2), (4)-(5)Initial NotificationsSubmit notification within 120 days after effective date, or no later than 120 days after the source becomes subject to this subpart, whichever is later; notification of intent to construct/reconstruct, notification of commencement of construction/reconstruction, notification of startup; contents of eachYes.
§ 63.9(c)Request for Compliance ExtensionCan request if cannot comply by date or if installed best available control technology or lowest achievable emission rateYes.
§ 63.9(d)Notification of Special Compliance Requirements for New SourcesFor sources that commence construction between proposal and promulgation and want to comply 3 years after effective dateYes.
§ 63.9(e)Notification of Performance TestNotify Administrator 60 days priorYes.
§ 63.9(f)Notification of VE/Opacity TestNotify Administrator 30 days priorNo.
§ 63.9(g)Additional Notifications when Using CMSNotification of performance evaluation; notification about use of COMS data; notification that exceeded criterion for relative accuracy alternativeYes, however, there are no opacity standards.
§ 63.9(h)(1)-(6)Notification of Compliance StatusContents due 60 days 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 authorityYes, however, there are no opacity standards.
§ 63.9(i)Adjustment of Submittal DeadlinesProcedures for Administrator to approve change when notifications must be submittedYes.
§ 63.9(j)Change in Previous InformationMust submit within 15 days after the changeYes.
§ 63.9(k)NotificationsElectronic reporting proceduresYes, only as specified in § 63.9(j).
§ 63.10(a)Recordkeeping/ReportingApplies to all, unless compliance extension; when to submit to Federal vs. State authority; procedures for owners of more than one sourceYes.
§ 63.10(b)(1)Recordkeeping/ReportingGeneral requirements; keep all records readily available; keep for 5 yearsYes.
§ 63.10(b)(2)(i)Records related to SSMRecordkeeping of occurrence and duration of startups and shutdownsNo.
§ 63.10(b)(2)(ii)Records related to SSMRecordkeeping of malfunctionsNo. See § 63.11125(d) for recordkeeping of (1) occurrence and duration and (2) actions taken during malfunction.
§ 63.10(b)(2)(iii)Maintenance recordsRecordkeeping of maintenance on air pollution control and monitoring equipmentYes.
§ 63.10(b)(2)(iv)Records Related to SSMActions taken to minimize emissions during SSMNo.
§ 63.10(b)(2)(v)Records Related to SSMActions taken to minimize emissions during SSMNo.
§ 63.10(b)(2)(vi)-(xi)CMS RecordsMalfunctions, inoperative, out-of-control periodsNo.
§ 63.10(b)(2)(xii)RecordsRecords when under waiverYes.
§ 63.10(b)(2)(xiii)RecordsRecords when using alternative to relative accuracy testYes.
§ 63.10(b)(2)(xiv)RecordsAll documentation supporting Initial Notification and Notification of Compliance StatusYes.
§ 63.10(b)(3)RecordsApplicability determinationsYes.
§ 63.10(c)RecordsAdditional records for CMSNo.
§ 63.10(d)(1)General Reporting RequirementsRequirement to reportYes.
§ 63.10(d)(2)Report of Performance Test ResultsWhen to submit to Federal or State authorityYes.
§ 63.10(d)(3)Reporting Opacity or VE ObservationsWhat to report and whenNo.
§ 63.10(d)(4)Progress ReportsMust submit progress reports on schedule if under compliance extensionYes.
§ 63.10(d)(5)SSM ReportsContents and submissionNo. See § 63.11126(b) for malfunction reporting requirements.
§ 63.10(e)(1)-(2)Additional CMS ReportsMust report results for each CEMS on a unit; written copy of CMS performance evaluation; two-three copies of COMS performance evaluationNo.
§ 63.10(e)(3)(i)-(iii)ReportsSchedule for reporting excess emissionsNo.
§ 63.10(e)(3)(iv)-(v)Excess Emissions ReportsRequirement to revert to quarterly submission if there is an excess emissions and parameter monitor exceedances (now defined as deviations); provision to request semiannual reporting after compliance for 1 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 in a statement that there have been no deviations; must submit report containing all of the information in §§ 63.8(c)(7)-(8) and 63.10(c)(5)-(13)No.
§ 63.10(e)(3)(iv)-(v)Excess Emissions ReportsRequirement to revert to quarterly submission if there is an excess emissions and parameter monitor exceedances (now defined as deviations); provision to request semiannual reporting after compliance for 1 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 in a statement that there have been no deviations; must submit report containing all of the information in §§ 63.8(c)(7)-(8) and 63.10(c)(5)-(13)No, § 63.11130(K) specifies excess emission events for this subpart.
§ 63.10(e)(3)(vi)-(viii)Excess Emissions Report and Summary ReportRequirements for reporting excess emissions for CMS; requires all of the information in §§ 63.10(c)(5)-(13) and 63.8(c)(7)-(8)No.
§ 63.10(e)(4)Reporting COMS DataMust submit COMS data with performance test dataNo.
§ 63.10(f)Waiver for Recordkeeping/ReportingProcedures for Administrator to waiveYes.
§ 63.11(b)FlaresRequirements for flaresNo.
§ 63.12DelegationState authority to enforce standardsYes.
§ 63.13AddressesAddresses where reports, notifications, and requests are sentYes.
§ 63.14Incorporations by ReferenceTest methods incorporated by referenceYes.
§ 63.15Availability of InformationPublic and confidential informationYes.

[73 FR 1945, Jan. 10, 2008, as amended at 76 FR 4184, Jan. 24, 2011; 85 FR 73919, Nov. 19, 2020]


Subpart DDDDDD – National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources


Source:72 FR 2943, Jan. 23, 2007, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11140 Am I subject to this subpart?

(a) On or before April 17, 2012, you are subject to this subpart if you own or operate a plant specified in § 61.61(c) of this chapter that produces polyvinyl chloride (PVC) or copolymers and is an area source of hazardous air pollutant (HAP) emissions. After April 17, 2012, you are subject to the requirements in this subpart if you own or operate one or more polyvinyl chloride and copolymers process units (PVCPU), as defined in § 63.12005, that are located at, or are part of, an area source of HAP.


(b) On or before April 17, 2012, this subpart applies to each new or existing affected source. The affected source is the collection of all equipment and activities in vinyl chloride service necessary to produce PVC and copolymers. An affected source does not include portions of your PVC and copolymers production operations that meet the criteria in § 61.60(b) or (c) of this chapter. After April 17, 2012, this subpart applies to each polyvinyl chloride and copolymers production affected source. The polyvinyl chloride and copolymers production affected source is the facility-wide collection of PVCPU, storage vessels, heat exchange systems, surge control vessels, and wastewater and process wastewater treatment systems that are associated with producing polyvinyl chloride and copolymers.


(1) An affected source is existing if you commenced construction or reconstruction of the affected source before October 6, 2006.


(i) You must meet the applicable requirements of §§ 63.11142(a), 63.11143(a) and (b), 63.11144(a) and 63.11145 for existing affected sources.


(ii) You must achieve compliance by the date specified in § 63.11141(a).


(iii) You must meet the applicable requirements of §§ 63.11142(b) through (f), 63.11143(c), 63.11144(b) and 63.11145 for existing affected sources by the compliance date specified in § 63.11141(c), after which time you are no longer subject to the requirements listed in paragraphs (b)(1)(i) and (ii) of this section.


(2) An affected source is new if you commenced construction or reconstruction of the affected source between October 6, 2006, and May 20, 2011.


(i) You must meet the applicable requirements of §§ 63.11142(a), 63.11143(a) and (b), 63.11144(a) and 63.11145 for new affected sources.


(ii) You must achieve compliance by the date specified in § 63.11141(b).


(3) If you are a new affected source as specified in paragraph (b)(2) of this section that commenced construction or reconstruction between October 6, 2006, and May 20, 2011, then after April 17, 2012, you are considered an existing affected source.


(i) You must meet the applicable requirements of §§ 63.11142(b) through (f), 63.11143(c), 63.11144(b) and 63.11145 for existing affected sources.


(ii) You must achieve compliance by the date specified in § 63.11141(d), after which time you are no longer subject to paragraphs (b)(2)(i) and (ii) of this section.


(4) An affected source is new if you commenced construction or reconstruction of the affected source after May 20, 2011.


(i) You must meet the applicable requirements of §§ 63.11142(b) through (f), 63.11143(c), 63.11144(b), and 63.11145 for new affected sources.


(ii) You must achieve compliance by the date specified in § 63.11141(e).


(iii) If components of an existing affected source are replaced such that the replacement meets the definition of reconstruction in § 63.2 and the reconstruction commenced after May 20, 2011, then the existing affected source becomes a reconstructed source and is subject to the relevant standards for a new affected source. The reconstructed source must comply with the requirements of paragraph (b)(4)(i) of this section for a new affected source upon initial startup of the reconstructed source or by April 17, 2012, whichever is later.


(c) This subpart does not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air Act. After April 17, 2012, the requirements of this subpart also do not apply to chemical manufacturing process units, as defined in § 63.101, that produce vinyl chloride monomer or other raw materials used in the production of polyvinyl chloride and copolymers.


(d) You are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, provided you are not otherwise required by law to obtain a permit under § 70.3(a) or § 71.3(a). Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart.


(e) After the applicable compliance date specified in § 63.11141(c), (d) or (e), an affected source that is also subject to the provisions of 40 CFR part 61, subpart F, is required to comply with the provisions of this subpart and no longer has to comply with 40 CFR part 61, subpart F.


(f) After the applicable compliance date specified in § 63.11141(c), (d) or (e), an affected source that is also subject to the provisions of other 40 CFR part 60 or 40 CFR part 63 subparts is required to comply with this subpart and any other applicable 40 CFR part 60 and 40 CFR part 63 subparts.


[77 FR 22904, Apr. 17, 2012]


§ 63.11141 What are my compliance dates?

(a) If you own or operate an existing affected source as specified in § 63.11140(b)(1), then you must achieve compliance with the applicable provisions in this subpart specified in § 63.11140(b)(1)(i) by January 23, 2007.


(b) If you own or operate a new affected source as specified in § 63.11140(b)(2), then you must achieve compliance with the applicable provisions in this subpart as specified in § 63.11140(b)(2)(i) by the dates in paragraphs (b)(1) or (2) of this section.


(1) If you start up a new affected source on or before January 23, 2007, you must achieve compliance with the applicable provisions in this subpart not later than January 23, 2007.


(2) If you start up a new affected source after January 23, 2007, but before or on May 20, 2011, then you must achieve compliance with the provisions in this subpart upon startup of your affected source.


(c) If you own or operate an existing affected source as specified in § 63.11140(b)(1), then you must achieve compliance with the applicable provisions in this subpart specified in § 63.11140(b)(1)(iii) by April 17, 2015.


(d) If you own or operate an affected source that commenced construction or reconstruction between October 6, 2006, and May 20, 2011, then you must achieve compliance with the applicable provisions of this subpart specified in § 63.11140(b)(3) by April 17, 2015.


(e) If you own or operate a new affected source as specified in § 63.11140(b)(4), then you must achieve compliance with the applicable provisions in this subpart specified in § 63.11140(b)(4)(i) by the dates in paragraphs (e)(1) and (2) of this section.


(1) If you start up your affected source between May 20, 2011, and April 17, 2012, then you must achieve compliance with the applicable provisions in this subpart not later than April 17, 2012.


(2) If you start up your affected source after April 17, 2012, then you must achieve compliance with the provisions in this subpart upon startup of your affected source.


[77 FR 22905, Apr. 17, 2012]


Standards and Compliance Requirements

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

(a) You must meet all the requirements in 40 CFR part 61, subpart F, except for §§ 61.62 and 61.63.


(b) You must comply with each emission limit and standard specified in Table 1 to this subpart that applies to your existing affected source, and you must comply with each emission limit and standard specified in Table 2 to this subpart that applies to your new affected source.


(c) The emission limits, operating limits and work practice standards specified in this subpart apply at all times, including periods of startup, shutdown and malfunction.


(d) You must demonstrate initial compliance by the dates specified in § 63.11141.


(e) You must conduct subsequent performance testing according to the schedule specified in § 63.11905.


(f) You must meet the requirements of the applicable sections of 40 CFR part 63, subpart HHHHHHH, as specified in paragraphs (f)(1) through (19) of this section, except for the purposes of complying with this subpart, where the applicable sections of 40 CFR part 63, subpart HHHHHHH, as specified in paragraphs (f)(1) through (19) of this section reference Table 1 or Table 2 to subpart HHHHHHH, reference is made to Table 1 or Table 2 to this subpart.


(1) You must comply with the requirements of § 63.11880(b).


(2) You must comply with the requirements of §§ 63.11890(a) through 63.11890(d) and are subject to § 63.11895.


(3) You must comply with the requirements of § 63.11896, except for the purposes of complying with this subpart, where § 63.11896 refers to § 63.11870(d) of subpart HHHHHHH, reference is made to § 63.11140(b)(4) of this subpart.


(4) You must comply with the requirements of § 63.11900, except for the purposes of complying with this subpart, where § 63.11900 refers to § 63.11875 of subpart HHHHHHH, reference is made to § 63.11141 of this subpart.


(5) You must meet the requirements of § 63.11910 for initial and continuous compliance for storage vessels.


(6) You must meet the requirements of § 63.11915 for equipment leaks.


(7) You must meet the requirements of § 63.11920 for initial and continuous compliance for heat exchange systems.


(8) You must meet the requirements of § 63.11925 for initial and continuous compliance for process vents.


(9) You must meet the requirements of § 63.11930 for closed vent systems.


(10) You must meet the requirements of § 63.11935 for continuous emissions monitoring systems (CEMS) and continuous parameter monitoring systems (CPMS) to demonstrate initial and continuous compliance with the emission standards for process vents.


(11) You must meet the requirements of § 63.11940 for continuous monitoring requirements for control devices required to install CPMS to meet the emission limits for process vents.


(12) You must meet the requirements of § 63.11945 for performance testing requirements for process vents.


(13) You must meet the requirements of § 63.11950 for emissions calculations to be used for an emission profile by process of batch process operations.


(14) You must meet the requirements of § 63.11955 for initial and continuous compliance requirements for other emission sources.


(15) You must meet the requirements of § 63.11956 for ambient monitoring.


(16) You must meet the requirements of § 63.11960 for initial and continuous compliance requirements for stripped resin.


(17) You must meet the requirements of § 63.11965 through § 63.11980 for general, initial and continuous compliance, test methods and calculation procedures for wastewater.


(18) You must meet the notification and reporting requirements of § 63.11985.


(19) You must meet the recordkeeping requirements of §§ 63.11990 and 63.11995.


[77 FR 22905, Apr. 17, 2012]


Other Requirements and Information

§ 63.11143 What General Provisions apply to this subpart?

(a) All the provisions in part 61, subpart A of this chapter apply to this subpart.


(b) The provisions in subpart A of this part, applicable to this subpart are specified in paragraphs (b)(1) and (2) of this section.


(1) § 63.1(a)(1) through (10).


(2) § 63.1(b) except paragraph (b)(3), §§ 63.1(c) and 63.1(e).


(c) Section 63.11885 specifies which parts of the General Provisions in subpart A of this part apply to you.


[77 FR 22906, Apr. 17, 2012]


§ 63.11144 What definitions apply to this subpart?

(a) On and before April 17, 2012, the terms used in this subpart are defined in the Clean Air Act; §§ 61.02 and 61.61 of this chapter; and § 63.2 for terms used in the applicable provisions of subpart A of this part, as specified in § 63.11143(b).


(b) After April 17, 2012, terms used in this subpart are defined in the Clean Air Act; § 63.2; and § 63.12005.


[77 FR 22906, Apr. 17, 2012]


§ 63.11145 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority such as a state, local or tribal agency. If the U.S. EPA Administrator has delegated authority to a 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 a state, local or tribal agency within your state.


(b) In delegating implementation and enforcement authority of this subpart to a state, local or tribal agency under subpart E of this part, the approval authorities contained in paragraphs (b)(1) through (4) of this section are retained by the Administrator of the U.S. EPA and are not transferred to the state, local or tribal agency.


(1) Approval of an alternative means of emissions imitation under § 61.12(d) of this chapter.


(2) Approval of a major change to test methods under § 61.13(h) of this chapter. A “major change to test method” is defined in § 63.90.


(3) Approval of a major change to monitoring under § 61.14(g) of this chapter. A “major change to monitoring” is defined in § 63.90.


(4) Approval of a major change to reporting under § 61.10. A “major change to recordkeeping/reporting” is defined in § 63.90.


[77 FR 22906, Apr. 17, 2012]


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

For this type of emission

point . . .
And for this air pollutant . . .
And for an affected source producing this type of PVC resin . . .
You must meet this emission

limit . . .
PVC-only process vents
a
Vinyl chlorideAll resin types5.3 parts per million by volume (ppmv).
Total hydrocarbonsAll resin types46 ppmv measured as propane.
Total organic HAP
b
All resin types140 ppmv.
Dioxins/furans (toxic equivalency basis)All resin types0.13 nanograms per dry standard cubic meter (ng/dscm).
PVC-combined process vents
a
Vinyl chlorideAll resin types0.56 ppmv.
Total hydrocarbonsAll resin types2.3 ppmv measured as propane.
Total organic HAP
b
All resin types29 ppmv.
Dioxins/furans (toxic equivalency basis)All resin types0.076 ng/dscm.
Stripped resinVinyl chlorideBulk resin7.1 parts per million by weight (ppmw).
Dispersion resin1,500 ppmw.
Suspension resin36 ppmw.
Suspension blending resin140 ppmw.
Copolymer resin790 ppmw.
Total non-vinyl chloride organic HAPBulk resin170 ppmw.
Dispersion resin320 ppmw.
Suspension resin36 ppmw.
Suspension blending resin500 ppmw.
Copolymer resin1,900 ppmw.
Process WastewaterVinyl chlorideAll resin types2.1 ppmw.


a Emission limits at 3-percent oxygen, dry basis.


b Affected sources have the option to comply with either the total hydrocarbon limit or the total organic HAP limit.


[80 FR 5940, Feb. 4, 2015]


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

For this type of emission

point . . .
And for this air pollutant . . .
And for an affected source producing this type of PVC resin . . .
You must meet this emission

limit . . .
PVC-only process vents
a
Vinyl chlorideAll resin types5.3 parts per million by volume (ppmv).
Total hydrocarbonsAll resin types46 ppmv measured as propane.
Total organic HAP
b
All resin types140 ppmv.
Dioxins/furans (toxic equivalency basis)All resin types0.13 nanograms per dry standard cubic meter (ng/dscm).
PVC-combined process vents
a
Vinyl chlorideAll resin types0.56 ppmv.
Total hydrocarbonsAll resin types2.3 ppmv measured as propane.
Total organic HAP
b
All resin types29 ppmv.
Dioxins/furans (toxic equivalency basis)All resin types0.076 ng/dscm.
Stripped resinVinyl chlorideBulk resin7.1 parts per million by weight (ppmw).
Dispersion resin1,500 ppmw.
Suspension resin36 ppmw.
Suspension blending resin140 ppmw.
Copolymer resin790 ppmw.
Total non-vinyl chloride organic HAPBulk resin170 ppmw.
Dispersion resin320 ppmw.
Suspension resin36 ppmw.
Suspension blending resin500 ppmw.
Copolymer resin1,900 ppmw.
Process WastewaterVinyl chlorideAll resin types2.1 ppmw.


a Emission limits at 3 percent oxygen, dry basis.


b Affected sources have the option to comply with either the total hydrocarbon limit or the total organic HAP limit.


[80 FR 5941, Feb. 4, 2015]


Subpart EEEEEE – National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting Area Sources


Source:72 FR 2944, Jan. 23, 2007, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11146 What are the applicability provisions and compliance dates?

(a) You are subject to this subpart if you own or operate a primary copper smelter that is an area source of hazardous air pollutant (HAP) emissions.


(b) This subpart applies to each new or existing affected source. The affected source is each primary copper smelter.


(1) An affected source is existing if you commenced construction or reconstruction of the affected source before October 6, 2006.


(2) An affected source is new if you commenced construction or reconstruction of the affected source on or after October 6, 2006.


(c) This subpart does not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).


(d) If you own or operate an area source subject to this subpart, you must obtain a permit under 40 CFR part 70 or 40 CFR part 71.


(e) If you own or operate an existing affected source, you must achieve compliance with the applicable provisions of this subpart by January 23, 2007.


(f) If you own or operate a new affected source, you must achieve compliance with the applicable provisions of this subpart by the dates in paragraphs (f)(1) and (2) of this section.


(1) If you startup a new affected source on or before January 23, 2007, you must achieve compliance with the applicable provisions of this subpart not later than January 23, 2007.


(2) If you startup a new affected source after January 23, 2007, you must achieve compliance with the applicable provisions of this subpart upon startup of your affected source.


Standards and Compliance Requirements

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

(a) Emissions limits and work practice standards. (1) You must not discharge to the atmosphere through any combination of stacks or other vents captured process exhaust gases from the copper concentrate dryers, smelting vessels, converting vessels, matte drying and grinding plants, secondary gas systems, and anode refining department that contain particulate matter less than 10 microns in aerodynamic diameter (PM10) in excess of 89.5 pounds per hour (lb/hr) on a 24-hour average basis.


(2) You must operate a capture system that collects the gases and fumes released during the transfer of molten materials from smelting vessels and converting vessels and conveys the collected gas stream to a control device.


(3) You must operate one or more capture systems that collect the gases and fumes released from each vessel used to refine blister copper, remelt anode copper, or remelt anode scrap and convey each collected gas stream to a control device. One control device may be used for multiple collected gas streams.


(b) Compliance requirements. For purposes of determining compliance with the emissions limit in paragraph (a)(1) of this section, you must comply with the requirements in paragraphs (b)(1) through (7) of this section.


(1) You must calibrate, maintain and operate a system to continuously measure emissions of particulate matter (PM) from the smelter’s main stack.


(2) All PM collected by the smelter main stack continuous PM sampling system is reported as PM10 unless you demonstrate to the satisfaction of the permitting authority that, due to an infrequent event, the measured PM contains a large fraction of particles greater than 10 microns in diameter.


(3) To determine the mass emissions rate, the PM10 concentration as determined by the smelter main stack continuous PM sampling system is multiplied by the volumetric flow rate for the smelter main stack and any necessary conversion factors.


(4) Compliance with the PM10 emissions limit is demonstrated based on the average mass PM10 emissions rate for each 24-hour period.


(5) The results of the PM monitoring and calculated average mass PM10 emissions rate for each 24-hour period must be recorded and the records maintained for at least 5 years. Collected data must be available for inspection when the required laboratory analysis is completed.


(6) You must submit to the permitting authority by the 20th day of each month a report summarizing the 24-hour average mass PM10 emissions rates for the previous month.


(7) You may certify initial compliance with the emissions limit in paragraph (a)(1) of this section based on the results of PM sampling conducted during the previous month.


(c) Operation and maintenance requirements. (1) At all times, including periods of startup, shutdown, and malfunction, you must to the extent practicable, maintain and operate any affected source, including associated air pollution control equipment, in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the permitting authority which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source.


(2) All pollution control equipment must be installed, maintained, and operated properly. Instructions from the vendor or established maintenance practices that maximize pollution control must be followed. All necessary equipment control and operating devices, such as pressure gauges, amp meters, volt meters, flow rate indicators, temperature gauges, continuous emission monitors, etc., must be installed, operated properly, and easily accessible to compliance inspectors. A copy of all manufacturers’ operating instructions for pollution control equipment and pollution emitting equipment must be maintained at your facility site. These instructions must be available to all employees who operate the equipment and must be made available to the permitting authority upon request. Maintenance records must be made available to the permitting authority upon request.


(3) You must document the activities performed to assure proper operation and maintenance of the air pollution control equipment and monitoring systems or devices.


(4) Except as provided in paragraph (c)(5) of this section, in the event of an emergency situation the owner or operator must comply with the requirements in paragraphs (c)(4)(i) through (iii) of this section. For the purposes of complying with this paragraph, an emergency situation is any situation arising from sudden and reasonably unforeseeable events beyond the control of the facility owner or operator that requires immediate corrective action to restore normal operation, and that causes the affected source to exceed an applicable emissions limitation under this subpart, due to unavoidable increases in emissions attributable to the emergency. An emergency must not include noncompliance to the extent it is caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error.


(i) During the period of the emergency, you must implement all reasonable steps to minimize levels of emissions that exceed the emissions standards or other applicable requirements in this subpart.


(ii) You must document through signed contemporaneous logs or other relevant evidence that an emergency occurred and you can identify the probable cause, your facility was being operated properly at the time the emergency occurred, and the corrective actions taken to minimize emissions as required by paragraph (c)(4)(i) of this section.


(iii) You must submit a notice of the emergency to the permitting authority within two working days of the time when emissions limitations were exceeded due to the emergency (or an alternate timeframe acceptable to the permitting authority). This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken.


(5) As an alternative to the requirements in paragraph (c)(4) of this section, you must comply with the startup, shutdown, and malfunction requirements in 40 CFR 63.6(e)(3).


(d) Deviations. You must submit written notification to the permitting authority of any deviation from the requirements of this subpart, including the probable cause of such deviations and any corrective actions or preventative measures taken. You must submit this notification within 14 days of the date the deviation occurred.


(e) Reports. You must submit semiannual monitoring reports to your permitting authority. All instances of deviations from the requirements of this subpart must be clearly identified in the reports.


(f) Records. (1) You must retain records of all required monitoring data and support information. Support information includes all calibration and maintenance records, all original strip charts or appropriate recordings for continuous monitoring instrumentation, and copies of all reports required by this subpart. For all monitoring requirements, the owner or operator must record, where applicable, the date, place, and time of sampling or measurement; the date analyses were performed; the company or entity that performed the analyses; the analytical techniques or methods used; the results of such analyses; and the operating conditions existing at the time of sampling or measurement.


(2) You must maintain records of the activities performed to assure proper operation and maintenance of the air pollution control equipment and monitoring systems or devices. Records of these activities must be maintained for at least 5 years.


§ 63.11148 What are the standards and compliance requirements for existing sources using batch copper converters?

(a) Emissions limits and work practice standards. (1) For each copper concentrate dryer, you must not discharge to the atmosphere from the dryer vent any gases that contain total particulate matter (PM) in excess of 0.022 grains per dry standard cubic foot (gr/dscf).


(2) You must exhaust the process off gas from each smelting vessel to a control device according to the requirements in paragraphs (a)(2)(i) and (ii) of this section.


(i) During periods when copper ore concentrate feed is charged to and smelted to form molten copper matte and slag layers in the smelting vessel, you must exhaust the process off gas from the smelting vessel to a gas cleaning system controlling PM and to a sulfuric acid plant prior to discharge to the atmosphere.


(ii) During periods when no copper ore concentrate feed is charged to the smelting vessel but the smelting vessel remains in operation to temporarily hold molten material in the vessel before resuming copper production, you must exhaust the process off gas from the smelting vessel to an electrostatic precipitator, wet scrubber, or baghouse prior to discharge to the atmosphere.


(3) You must control the process emissions released when tapping copper matte or slag from a smelting vessel according to paragraphs (a)(3)(i) and (ii) of this section.


(i) You must operate a capture system that collects the gases and fumes released when copper matte or slag is tapped from the smelting vessel. The design and placement of this capture system must be such that the tapping port opening, launder, and receiving vessel (e.g., ladle, slag pot) are positioned within the confines or influence of the capture system’s ventilation draft during those times when the copper matte or slag is flowing from the tapping port opening.


(ii) You must not cause to be discharged to the atmosphere from the capture system used to comply with paragraph (a)(3)(i) of this section any gases that contain total PM in excess of 0.022 gr/dscf.


(4) For each batch copper converter, you must meet the requirements in paragraphs (a)(4)(i) through (iv) of this section.


(i) You must operate a primary capture system that collects the process off gas vented when one or more batch copper converters are blowing. If you operate a batch copper converter that does not use a “U”-shaped side flue located at one end of the converter, then the capture system design must include use of a primary hood that covers the entire mouth of each batch copper converter vessel when the copper converter is positioned for blowing. The capture system may use multiple intake and duct segments through which the ventilation rates are controlled independently of each other.


(ii) If you operate a batch copper converter that does not use a “U”-shaped side flue located at one end of the converter, then you must operate a secondary capture system that collects gases and fumes released from the batch copper converter when the converter mouth is rotated out partially or totally from within the confines or influence of the primary capture system’s ventilation draft during charging, skimming, pouring, or holding. The capture system design must use additional hoods (e.g., sliding secondary hoods, air curtain hoods) or other capture devices (e.g., building evacuation systems). The capture system may use multiple intake and duct segments through which the ventilation rates are controlled independently of each other, and individual duct segments may be connected to separate PM control devices.


(iii) You must exhaust the process off gas captured by the primary capture system that is used to comply with paragraph (a)(4)(i) of this section to a gas cleaning system controlling PM and to a sulfuric acid plant prior to discharge to the atmosphere.


(iv) For each secondary capture system that is used to comply with paragraph (a)(4)(ii) of this section and is not vented to a gas cleaning system controlling PM and a sulfuric acid plant, you must not cause to be discharged to the atmosphere any gases that contain total particulate matter in excess of 0.02 grains/dscf.


(b) Monitoring requirements for electrostatic precipitators. To monitor the performance of each electrostatic precipitator used to comply with the PM emissions limits in paragraph (a) of this section, you must use a continuous opacity monitoring system (COMS) that is installed at the outlet of each electrostatic precipitator or a common duct at the outlet of multiple electrostatic precipitators.


(1) Each COMS must meet Performance Specification 1 in 40 CFR part 60, appendix B.


(2) You must comply with the quality assurance requirements in paragraphs (b)(2)(i) through (v) of this section.


(i) You must automatically (intrinsic to the opacity monitor) check the zero and upscale (span) calibration drifts at least once daily. For a particular COMS, the acceptable range of zero and upscale calibration materials is as defined in the applicable version of Performance Specification 1 in 40 CFR part 60, appendix B.


(ii) You must adjust the zero and span whenever the 24-hour zero drift or 24-hour span drift exceeds 4 percent opacity. The COMS must allow for the amount of excess zero and span drift measured at the 24-hour interval checks to be recorded and quantified. The optical surfaces exposed to the effluent gases must be cleaned prior to performing the zero and span drift adjustments, except for systems using automatic zero adjustments. For systems using automatic zero adjustments, the optical surfaces must be cleaned when the cumulative automatic zero compensation exceeds 4 percent opacity.


(iii) You must apply a method for producing a simulated zero opacity condition and an upscale (span) opacity condition using a certified neutral density filter or other related technique to produce a known obscuration of the light beam. All procedures applied must provide a system check of the analyzer internal optical surfaces and all electronic circuitry including the lamp and photodetector assembly.


(iv) Except during periods of system breakdowns, repairs, calibration checks, and zero and span adjustments, the COMS must be in continuous operation and 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.


(v) You must reduce all data from the COMS to 6-minute averages. Six-minute opacity averages must be calculated from 36 or more data points equally spaced over each 6-minute period. Data recorded during periods of system breakdowns, repairs, calibration checks, and zero and span adjustments must not be included in the data averages. An arithmetic or integrated average of all data may be used.


(3) You must evaluate opacity measurements from the COMS on a 24-hour rolling average excluding periods of startup, shutdown, and malfunction. If the 24-hour rolling average opacity exceeds 15 percent, you must initiate investigation of the relevant controls or equipment within 24 hours of the first discovery of the high opacity incident and, if necessary, take corrective action as soon as practicable to adjust or repair the controls or equipment to reduce the opacity average to below the 15 percent level.


(4) You must log in ink or electronic format and maintain a record of 24-hour opacity measurements performed in accordance with paragraph (b)(3) of this section and any corrective actions taken, if any. A record of corrective actions taken must include the date and time during which the 24-hour rolling average opacity exceeded 15 percent and the date, time and type of the corrective action.


(c) Monitoring requirements for baghouses. To monitor the performance of each baghouse used to comply with PM emissions limits in paragraph (a) of this section, you must use a bag leak detection system according to the requirements in paragraphs (c)(1) through (4) of this section.


(1) You must install, calibrate, maintain, and continuously operate a bag leak detection system for the baghouse to monitor the baghouse performance.


(2) The baghouse leak detection system must meet the specifications and requirements in paragraphs (c)(2)(i) through (v) of this section.


(i) The bag leak detection system must be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations that can effectively discern any dysfunctional leaks of the baghouse.


(ii) The bag leak detection system sensor must provide output of relative or absolute particulate matter loadings.


(iii) The bag leak detection system must be equipped with an alarm system that will sound automatically when an increase in relative particulate emissions over a preset level is detected. The alarm must be located where it is easily heard by plant operating personnel.


(iv) The bag leak detection system must be installed downstream of the baghouse.


(v) The bag leak detection system must be installed, operated, calibrated, and maintained in a manner consistent with the manufacturer’s written specifications and recommendations. The calibration of the system must, at a minimum, consist of establishing the relative baseline output level by adjusting the sensitivity and the averaging period of the device and establishing the alarm set points and the alarm delay time.


(3) If the bag leak detection system alarm sounds, you must initiate investigation of the baghouse within 24 hours of the first discovery of the alarm and, if necessary, take corrective action as soon as practicable to adjust or repair the baghouse to minimize possible exceedances of the applicable PM emissions limits in paragraph (a) of this section.


(4) You must log in ink or electronic format and maintain a record of installation, calibration, maintenance, and operation of the bag leak detection system. If the bag leak detection system alarm sounds, the records must include an identification of the date and time of all bag leak detection alarms, their cause, and an explanation of the corrective actions taken, if any.


(d) Alternative monitoring requirements for baghouses. As an alternative to the requirements in paragraph (c) of this section for bag leak detection systems, you must monitor the performance of each baghouse used to comply with a PM emissions limit in paragraph (a) of this section using a COMS that is installed at the outlet on the baghouse or a common duct at the outlet of multiple baghouses. Each COMS must meet the requirements in paragraphs (b)(1) through (4) of this section.


(e) Performance testing. (1) You must demonstrate initial compliance with the applicable PM emissions limits in paragraph (a) of this section based on the results of a performance test for each affected source.


(i) You may certify initial compliance for an affected source based on the results of a previous performance test conducted within the past 12 months before your compliance date.


(ii) If you have not conducted a performance test to demonstrate compliance with the applicable emissions limits within the past 12 months before your compliance date, you must conduct a performance test within 180 days of your compliance date and report the results in your notification of compliance status.


(2) You must demonstrate subsequent compliance with the applicable PM emissions limits in paragraph (a) of this section based on the results of repeat performance tests conducted at least every 2.5 years for each affected source.


(3) You must conduct each performance test according to § 63.7(e)(1) using the test methods and procedures in paragraphs (e)(3)(i) through (v) of this section.


(i) Method 1 or 1A (40 CFR part 60, appendix A) 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 (40 CFR part 60, appendix A) to determine the volumetric flow rate of the stack gas.


(iii) Method 3, 3A, or 3B (40 CFR part 60, appendix A) to determine the dry molecular weight of the stack gas. You may use ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses” (incorporated by reference – see § 63.14) as an alternative to EPA Method 3B.


(iv) Method 4 (40 CFR part 60, appendix A) to determine the moisture content of the stack gas.


(v) Method 5 (40 CFR part 60, appendix A) to determine the PM concentration for negative pressure baghouses or Method 5D (40 CFR part 60, appendix A) for positive pressure baghouses. A minimum of three valid test runs are needed to comprise a PM performance test.


(f) Operation and maintenance requirements. (1) At all times, including periods of startup, shutdown, and malfunction, you must to the extent practicable, maintain and operate any affected source, including associated air pollution control equipment, in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the permitting authority which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source.


(2) All pollution control equipment must be installed, maintained, and operated properly. Instructions from the vendor or established maintenance practices that maximize pollution control must be followed. All necessary equipment control and operating devices, such as pressure gauges, amp meters, volt meters, flow rate indicators, temperature gauges, continuous emissions monitor, etc., must be installed, operated properly and easily accessible to compliance inspectors. A copy of all manufacturers’ operating instructions for pollution control equipment and pollution emitting equipment must be maintained at your facility site. These instructions must be available to all employees who operate the equipment and must be made available to the permitting authority upon request. Maintenance records must be made available to the permitting authority upon request.


(3) You must document the activities performed to assure proper operation and maintenance of the air pollution control equipment and monitoring systems or devices. Records of these activities must be maintained as required by the permitting authority.


(4) Except as specified in paragraph (f)(5) of this section, in the event of an emergency situation, you must comply with the requirements specified in paragraphs (f)(4)(i) through (iii) of this section. For the purpose of complying with this paragraph, an emergency situation is any situation arising from sudden and reasonably unforeseeable events beyond the control of the facility owner or operator that requires immediate corrective action to restore normal operation and that causes the affected source to exceed applicable emission limitation under this subpart due to unavoidable increases in emissions attributable to the emergency. An emergency must not include noncompliance to the extent it is caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error.


(i) During the period of the emergency you must implement all reasonable steps to minimize levels of emissions that exceeded the emission standards or other applicable requirements in this subpart.


(ii) You must document through signed contemporaneous logs or other relevant evidence that an emergency occurred and you can identify the probable cause, your facility was being operated properly at the time the emergency occurred, and the corrective actions taken to minimize emissions as required by paragraph (f)(4)(i) of this section.


(iii) You must submit a notice of the emergency to the permitting authority within two working days of the time when emission limitations were exceeded due to the emergency (or an alternate timeframe acceptable to the permitting authority). This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken.


(5) As an alternative to the requirements in paragraph (f)(4) of this section, you must comply with the startup, shutdown, and malfunction requirements in 40 CFR 63.6(e)(3).


(g) Recordkeeping requirements. (1) You must maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected source subject to this subpart; any malfunction of the air pollution control equipment; or any periods during which a continuous monitoring system or monitoring device is inoperative.


(2) You must maintain a file of all measurements, including continuous monitoring system, monitoring device, and performance testing measurements; all continuous monitoring system performance evaluations; all continuous monitoring system or monitoring device calibration checks; adjustments and maintenance performed on these systems or devices; and all other information required by this section recorded in a permanent form suitable for inspection. The file must be retained for at least 5 years following the date of such measurements, maintenance, reports.


(h) Reporting requirements. (1) You must prepare and submit to the permitting authority an excess emissions and monitoring systems performance report and summary report every calendar quarter. A less frequent reporting interval may used for either report as approved by the permitting authority.


(2) The summary report must include the information in paragraphs (h)(2)(i) through (iv) of this section.


(i) The magnitude of excess emissions computed, any conversion factor(s) used, and the date and time of commencement and completion of each time period of excess emissions. The process operating time during the reporting period.


(ii) Specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the affected facility. The nature and cause of any malfunction (if known), the corrective action taken or preventative measures adopted.


(iii) The date and time identifying each period during which the continuous monitoring system was inoperative except for zero and span checks and the nature of the system repairs or adjustments.


(iv) When no excess emissions have occurred or the continuous monitoring system(s) have not been inoperative, repaired, or adjusted, such information must be stated in the report.


[72 FR 2944, Jan. 23, 2007, as amended at 72 FR 36367, July 3, 2007]


§ 63.11149 What are the standards and compliance requirements for new sources?

(a) Emissions limits and work practice standards. (1) You must not discharge to the atmosphere exhaust gases that contain total PM in excess of 0.6 pound per ton of copper concentrate feed charged on a 24-hour average basis from any combination of stacks, vents, or other openings on furnaces, reactors, or other types of process vessels used for the production of anode copper from copper sulfide ore concentrates by pyrometallurgical techniques. Examples of such process equipment include, but are not limited to, copper concentrate dryers, smelting flash furnaces, smelting bath furnaces, converting vessels, combined smelting and converting reactors, anode refining furnaces, and anode shaft furnaces.


(2) You must operate a capture system that collects the gases and fumes released during the transfer of molten materials from smelting vessels and converting vessels and conveys the collected gas stream to a baghouse or other PM control device.


(3) You must operate one or more capture systems that collect the gases and fumes released from each vessel used to refine blister copper, remelt anode copper, or remelt anode scrap and convey each collected gas stream to a baghouse or other PM control device. One control device may be used for multiple collected gas streams.


(b) Monitoring requirements. (1) You must install, operate, and maintain a PM continuous emissions monitoring system (CEMS) to measure and record PM concentrations and gas stream flow rates for the exhaust gases discharged to the atmosphere from each affected source subject to the emissions limit in paragraph (a)(1) of this section. A single PM CEMS may be used for the combined exhaust gas streams from multiple affected sources at a point before the gases are discharged to the atmosphere. For each PM CEMS used to comply with this paragraph, you must meet the requirements in paragraphs (b)(1)(i) through (iii) of this section.


(i) You must install, certify, operate, and maintain the PM CEMS according to EPA Performance Specification 11 in 40 CFR part 60, appendix B, and the quality assurance requirements of Procedure 2 in 40 CFR part 60, appendix F.


(ii) You must conduct an initial performance evaluation of the PM CEMS according to the requirements of Performance Specification 11 in 40 CFR part 60, appendix B. Thereafter, you must perform the performance evaluations as required by Procedure 2 in 40 CFR part 60, appendix F.


(iii) You must perform quarterly accuracy determinations and daily calibration drift tests for the PM CEMS according to Procedure 2 in 40 CFR part 60, appendix F.


(2) You must install, operate, and maintain a weight measurement system to measure and record the weight of the copper concentrate feed charged to the smelting vessel on a daily basis.


(c) Compliance requirements. (1) You must demonstrate initial compliance with the emissions limit in paragraph (a)(1) of this section using the procedures in paragraph (c)(2) this section within 180 days after startup and report the results in your notification of compliance status no later than 30 days after the end of the compliance demonstration.


(2) You must demonstrate continuous compliance with the emissions limit in paragraph (a)(1) of this section using the procedures in paragraph (c)(2)(i) through (iii) of this section whenever your facility is producing copper from copper concentrate.


(i) You must continuously monitor and record PM emissions, determine and record the daily (24-hour) value for each day, and calculate and record the daily average pounds of total PM per ton of copper concentrate feed charged to the smelting vessel according to the requirements in paragraph (b) of this section.


(ii) You must calculate the daily average at the end of each calendar day for the preceding 24-hour period.


(iii) You must maintain records of the calculations of daily averages with supporting information and data, including measurements of the weight of copper concentrate feed charged to the smelting vessel. Collected PM CEMS data must be made available for inspection.


(d) Alternative startup, shutdown, and malfunction requirements. You must comply with the requirements specified in this paragraph as an alternative to the requirements in 40 CFR 63.6(e)(3). In the event of an emergency situation, you must comply with the requirements specified in paragraphs (d)(1) through (3) of this section. For the purpose of complying with this paragraph, an emergency situation is any situation arising from sudden and reasonably unforeseeable events beyond the control of the facility owner or operator that requires immediate corrective action to restore normal operation, and that causes the affected source to exceed an applicable emissions limitation under this subpart, due to unavoidable increases in emissions attributable to the emergency. An emergency must not include noncompliance to the extent it is caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error.


(1) During the period of the emergency, you must implement all reasonable steps to minimize levels of emissions that exceeded the emission standards or other applicable requirements in this subpart.


(2) You must document through signed contemporaneous logs or other relevant evidence that an emergency occurred and you can identify the probable cause, your facility was being operated properly at the time the emergency occurred, and the corrective actions taken to minimize emissions as required by paragraph (d)(1) of this section.


(3) You must submit a notice of the emergency to the permitting authority within two working days of the time when emissions limitations were exceeded due to the emergency (or an alternate timeframe acceptable to the permitting authority). This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken.


(e) Reports. You must submit to the permitting authority by the 20th day of each month a summary of the daily average PM per ton of copper concentrate feed charged to the smelting vessel for the previous month.


Other Requirements and Information

§ 63.11150 What General Provisions apply to this subpart?

(a) If you own or operate a new or existing affected source, you must comply with the requirements of the General Provisions (40 CFR part 63, subpart A) as specified in Table 1 to this subpart.


(b) If you own or operate an existing affected source subject to § 63.11147, your notification of compliance status required by § 63.9(h) must include the information specified in paragraphs (b)(1) through (4) of this section.


(1) If you certify initial compliance with the PM emissions limit in § 63.11147(a)(1) based on monitoring data from the previous month, your notification of compliance status must include this certification of compliance, signed by a responsible official: “This facility complies with the PM emissions limit in § 63.11147(a)(1) based on monitoring data that were collected during the previous month.”


(2) If you conduct a new performance test to demonstrate initial compliance with the PM emissions limit in § 63.11147(a)(1), your notification of compliance status must include the results of the performance test, including required monitoring data.


(3) Your notification of compliance status must include this certification of compliance, signed by a responsible official, for the work practice standard in § 63.11147(a)(2): “This facility complies with the requirement to capture gases from transfer of molten materials from smelting vessels and converting vessels and convey them to a control device in accordance with § 63.11147(a)(2).”


(4) Your notification of compliance status must include this certification of compliance, signed by a responsible official, for the work practice standard in § 63.11147(a)(3): “This facility complies with the requirement to capture gases from operations in the anode refining department and convey them to a PM control device in accordance with § 63.11147(a)(3).”


(c) If you own or operate an existing affected source subject to § 63.11148, your notification of compliance status required by § 63.9(h) must include the information specified in paragraphs (c)(1) through (5) of this section.


(1) If you certify initial compliance with the PM emissions limit in § 63.11148(a)(1), (a)(3)(ii), and (a)(4)(iv) based on the results of a previous performance test conducted within the past 12 months before your compliance date, your notification of compliance status must include this certification of compliance, signed by a responsible official: “This facility complies with the PM emissions limit in § 63.11148(a)(1) based on the results of a previous performance test.”


(2) If you conduct a new performance test to demonstrate initial compliance with the PM emissions limits in § 63.11148(a)(1), (a)(3)(ii), and (a)(4)(iv), your notification of compliance status must include the results of the performance test, including required monitoring data.


(3) Your notification of compliance status must include this certification of compliance, signed by a responsible official, for the work practice standards in § 63.11148(a)(2), and (a)(4)(iii): “This facility complies with the requirement to vent captured process gases to a gas cleaning system controlling PM and to a sulfuric acid plant in accordance with § 63.11148(a)(2) and (a)(4)(iii).”


(4) Your notification of compliance status must include this certification of compliance, signed by a responsible official, for the work practice standard in § 63.11148(a)(3)(i): “This facility complies with the requirement to operate capture systems to collect gases and fumes released when copper matte or slag is tapped from the smelting vessel in accordance with § 63.11148(a)(3)(i).”


(5) Your notification of compliance status must include this certification of compliance, signed by a responsible official, for the work practice standard in § 63.11148(a)(4): “This facility complies with the requirement to operate capture systems to collect gases and fumes released during batch copper converter operations in accordance with § 63.11148(a)(4).”


(d) If you own or operate a new affected source, your notification of compliance status required by § 63.9(h) must include the information in paragraphs (d)(1) through (3) of this section.


(1) Your notification of compliance status must include the results of the initial performance test and monitoring data collected during the test that demonstrate compliance with the emissions limit in § 63.11149(a)(1).


(2) Your notification of compliance status must include this certification of compliance, signed by a responsible official, for the work practice standard in § 63.11149(a)(2): “This facility complies with the requirement to capture gases from transfer of molten materials from smelting vessels and converting vessels and convey them to a PM control device in accordance with § 63.11149(a)(2).”


(3) Your notification of compliance status must include this certification of compliance, signed by a responsible official, for the work practice standard in § 63.11149(a)(3): “This facility complies with the requirement to capture gases from each vessel used to refine blister copper, remelt anode copper, or remelt anode scrap, and convey them to a PM control device in accordance with § 63.11149(a)(3).”


[72 FR 2944, Jan. 23, 2007, as amended at 72 FR 36367, July 3, 2007]


§ 63.11151 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:


Anode refining department means the area at a primary copper smelter in which anode copper refining operations are performed. Emissions sources in the anode refining department include anode refining furnaces and anode shaft furnaces.


Baghouse means a control device that collects particulate matter by filtering the gas stream through bags. A baghouse is also referred to as a “fabric filter.”


Bag leak detection system means a system that is capable of continuously monitoring relative particulate matter (dust) loadings in the exhaust of a baghouse in order 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, light scattering, transmittance or other effect to continuously monitor relative particulate matter loadings.


Batch copper converter means a converter in which molten copper matte is charged and then oxidized to form blister copper by a process that is performed in discrete batches using a sequence of charging, blowing, skimming, and pouring.


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. A capture system may include, but is not limited to, the following components as applicable to a given capture system design: Duct intake devices, hoods, enclosures, ductwork, dampers, manifolds, plenums, and fans.


Charging means the operating mode for a batch copper converter during which molten or solid material is added into the vessel.


Control device means air pollution control equipment used to remove PM from a gas stream.


Converting vessel means a furnace, reactor, or other type of vessel in which copper matte is oxidized to form blister copper.


Copper concentrate means copper ore that has been beneficiated to increase its copper content.


Copper concentrate dryer means a vessel in which copper concentrates are heated in the presence of air to reduce the moisture content of the material. Supplemental copper-bearing feed materials and fluxes may be added or mixed with the copper concentrates fed to a copper concentrate dryer.


Copper concentrate feed means the mixture of copper concentrate, secondary copper-bearing materials, recycled slags and dusts, fluxes, and other materials blended together for feeding to the smelting vessel.


Copper matte means a material predominately composed of copper and iron sulfides produced by smelting copper ore concentrates.


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 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 or work practice standard in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart.


Holding means the operating mode for a batch copper converter or a holding furnace associated with a smelting furnace during which the molten bath is maintained in the vessel but no blowing or smelting is performed nor is material added into or removed from the vessel.


Matte drying and grinding plant means the area at a primary copper smelter in which wet granulated matte copper is ground in a mill, dried by blowing heated air through the mill, and then separated from the drying air stream using a control device such as a baghouse.


Pouring means the operating mode for a batch copper converter during which molten copper is removed from the vessel.


Primary copper smelter means any installation or any intermediate process engaged in the production of copper from copper sulfide ore concentrates through the use of pyrometallurgical techniques.


Responsible official means responsible official as defined at 40 CFR 70.2.


Secondary gas system means a capture system that collects the gases and fumes released when removing and transferring molten materials from one or more vessels using tapping ports, launders, and other openings in the vessels. Examples of molten material include, but are not limited to: Copper matte, slag, and blister copper.


Skimming means the batch copper converter operating mode during which molten slag is removed from the vessel.


Smelting vessel means a furnace, reactor, or other type of vessel in which copper ore concentrate and fluxes are smelted to form a molten mass of material containing copper matte and slag. Other copper-bearing materials may also be charged to the smelting vessel.


Work practice standard means any design, equipment, work practice, or operational standard, or combination thereof.


§ 63.11152 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as a State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to a 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 a State, local, or tribal agency within your State.


(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 listed in paragraphs (c)(1) through (5) of this section.


(1) Approval of an alternative non-opacity emissions standard under § 63.6(g).


(2) Approval of an alternative opacity emissions standard under § 63.6(h)(9).


(3) Approval of a major change to a test method under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in § 63.90.


(4) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” is defined in § 63.90.


(5) Approval of a major change to recordkeeping/reporting under § 63.10(f). A “major change to recordkeeping/reporting” is defined in § 63.90.


As required in § 63.11150(a), you must comply with the requirements of the NESHAP General Provisions (40 CFR part 63, subpart A) as shown in the following table.


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

Citation
Subject
Applies to subpart EEEEEE?
Explanation
63.1(a)(1), (a)(2), (a)(3), (a)(4), (a)(6), (a)(10)-(a)(12) (b)(1), (b)(3), (c)(1), (c)(2), (c)(5), (e)ApplicabilityYes.
63.1(a)(5), (a)(7)-(a)(9), (b)(2), (c)(3), (c)(4), (d)ReservedNo.
63.2DefinitionsYes.
63.3Units and AbbreviationsYes.
63.4Prohibited Activities and CircumventionYes.
63.5Preconstruction Review and Notification RequirementsNo.
63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1), (c)(2), (c)(5)Compliance with Standards and Maintenance Requirements – Applicability and Compliance DatesYes.
63.6(e)Operation and Maintenance RequirementsYes/NoOperation and maintenance requirements do not apply to existing sources except that the startup, shutdown, and malfunction requirements in § 63.6(e)(3) are allowed as an alternative to the rule requirements for emergency situations. Operation and maintenance requirements apply to new sources except that the rule requirements for emergency situations are allowed as an alternative to the startup, shutdown, and malfunction requirements in § 63.6(e)(3).
63.6(f), (g), (i), (j)Compliance with Nonopacity Emission StandardsYes.
63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), (e)(3)(ii), (h)(3), (h)(5)(iv)ReservedNo.
63.6(h)(1)-(h)(4), (h)(5)(i)-(h)(5)(iii), (h)(6)-(h)(9)Yes/NoRequirements apply to new sources but not existing sources.
63.7(a), (e), (f), (g), (h)Performance Testing RequirementsYes.
63.7(b), (c)Yes/NoNotification of performance tests and quality assurance program apply to new sources but not existing sources.
63.8(a)(1), (a)(2), (b), (c), (f), (g)Monitoring RequirementsYes.
63.8(a)(3)ReservedNo.
63.8(a)(4)NoSubpart EEEEEE does not require flares.
63.8(d), (e)Yes/NoRequirements for quality control program and performance evaluations apply to new sources but not existing sources.
63.9(a), (b)(1), (b)(2), (b)(5), (c), (d), (h)(1)-(h)(3), (h)(5), (h)(6), (i), (j)Notification RequirementsYes.
63.9(b)(3), (h)(4)ReservedNo.
63.9(b)(4), (f)No.
63.9(e), (g)Yes/NoNotification requirements for performance test and use of continuous monitoring systems apply to new sources but not existing sources.
63.10(a), (b)(1), (d)(1), (d)(2), (d)(4), (d)(5), (f)Recordkeeping and Reporting RequirementsYes/NoRecordkeeping requirements apply to new sources but not existing sources.
63.10(b)(2), (b)(3), (c)(1) (c)(5)-(c)(8), (c)(10)-(c)(15), (e)(1), (e)(2)Yes/NoRecordkeeping requirements apply to new sources but not existing sources.
63.10(c)(2)-(c)(4), (c)(9)ReservedNo.
63.10(d)(3), (e)(4)NoReporting requirements apply to new sources but not existing sources.
63.10(e)(3)Yes/NoReporting requirements apply to new sources but not existing sources.
63.11Control Device RequirementsNoSubpart EEEEEE does not require flares.
63.12State Authorities and DelegationsYes.
63.13AddressesYes.
63.14Incorporations by ReferenceYes.
63.15Availability of Information and ConfidentialityYes.
63.16Performance Track ProvisionsYes.

Subpart FFFFFF – National Emission Standards for Hazardous Air Pollutants for Secondary Copper Smelting Area Sources


Source:72 FR 2952, Jan. 23, 2007, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11153 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a new secondary copper smelter that is an area source of hazardous air pollutant (HAP) emissions.


(b) This subpart applies to each new affected source. The affected source is each secondary copper smelter. Your secondary copper smelter is a new affected source if you commenced constructed or reconstruction of the affected source on or after October 6, 2006.


(c) This subpart does not apply to research and development facilities, as defined in section 112(c)(7) of the CAA.


(d) If you own or operate an area source subject to this subpart, you must obtain a permit under 40 CFR part 70 or 40 CFR part 71.


[72 FR 2952, Jan. 23, 2007, as amended at 72 FR 36367, July 3, 2007]


§ 63.11154 What are my compliance dates?

(a) If you startup a new affected source on or before January 23, 2007, you must achieve compliance with the applicable provisions of this subpart not later than January 23, 2007.


(b) If you startup a new affected source after January 23, 2007, you must achieve compliance with the applicable provisions of this subpart upon startup of your affected source.


Standards and Compliance Requirements

§ 63.11155 What are the standards and compliance requirements for new sources?

(a) You must not discharge to the atmosphere any gases which contain particulate matter (PM) in excess of 0.002 grains per dry standard cubic foot (gr/dscf) from the exhaust vent of any capture system for a smelting furnace, melting furnace, or other vessel that contains molten material and any capture system for the transfer of molten material.


(b) For each smelting furnace, melting furnace, or other vessel that contains molten material, you must install and operate a capture system that collects the gases and fumes from the vessel and from the transfer of molten material and convey the collected gas stream to a control device.


(c) You must prepare and operate at all times according to a written plan for the selection, inspection, and pretreatment of copper scrap to minimize, to the extent practicable, the amount of oil and plastics in the scrap that is charged to the smelting furnace. Your plan must include a training program for scrap inspectors. You must keep records to demonstrate continuous compliance with the requirements of your plan. You must keep a current copy of your pollution prevention plan onsite and available for inspection.


(d) You must install, operate, and maintain a bag leak detection system on all baghouses used to comply with the PM emissions limit in paragraph (a) of this section according to paragraph (d)(1) of this section, prepare and operate by a site-specific monitoring plan according to paragraph (d)(2) of this section, take corrective action according to paragraph (d)(3) of this section, and record information according to paragraph (d)(4) of this section.


(1) Each bag leak detection system must meet the specifications and requirements in paragraphs (d)(1)(i) through (viii) of this section.


(i) The bag leak detection system must be certified by the manufacturer to be capable of detecting PM emissions at concentrations of 1 milligram per actual cubic meter (0.00044 grains per actual cubic foot) or less.


(ii) The bag leak detection system sensor must provide output of relative PM loadings. The owner or operator must 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.)


(iii) The bag leak detection system must be equipped with an alarm system that will sound when the system detects an increase in relative particulate loading over the alarm set point established according to paragraph (d)(1)(iv) of this section, and the alarm must be located such that it can be heard by the appropriate plant personnel.


(iv) In the initial adjustment of the bag leak detection system, you must establish, at a minimum, the baseline output by adjusting the sensitivity (range) and the averaging period of the device, the alarm set points, and the alarm delay time.


(v) Following initial adjustment, you must not adjust the averaging period, alarm set point, or alarm delay time without approval from the Administrator or delegated authority except as provided in paragraph (d)(1)(vi) of this section.


(vi) Once per quarter, you may adjust the sensitivity of the bag leak detection system to account for seasonal effects, including temperature and humidity, according to the procedures identified in the site-specific monitoring plan required by paragraph (d)(2) of this section.


(vii) You must install the bag leak detection sensor downstream of the baghouse and upstream of any wet scrubber.


(viii) Where multiple detectors are required, the system’s instrumentation and alarm may be shared among detectors.


(2) You must develop and submit to the Administrator or delegated authority for approval a site-specific monitoring plan for each bag leak detection system. You must operate and maintain the bag leak detection system according to the site-specific monitoring plan at all times. Each monitoring plan must describe the items in paragraphs (d)(2)(i) through (vi) 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; and


(vi) Corrective action procedures as specified in paragraph (d)(3) of this section. In approving the site-specific monitoring plan, the Administrator or delegated authority may allow owners and operators more than 3 hours to alleviate a specific condition that causes an alarm if the owner or operator identifies in the monitoring plan this specific condition as one that could lead to an alarm, adequately explains why it is not feasible to alleviate this specific condition within 3 hours of the time the alarm occurs, and demonstrates that the requested time will ensure alleviation of this condition as expeditiously as practicable.


(3) For each bag leak detection system, you must initiate procedures to determine the cause of every alarm within 1 hour of the alarm. Except as provided in paragraph (d)(2)(vi) of this section, you must alleviate the cause of the alarm within 3 hours of the alarm by taking whatever corrective action(s) are necessary. Corrective actions may include, but are not limited to the following:


(i) Inspecting the baghouse for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in particulate 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; or


(vi) Shutting down the process producing the particulate emissions.


(4) You must maintain records of the information specified in paragraphs (d)(4)(i) through (iii) of this section for each bag leak detection system.


(i) Records of the bag leak detection system output;


(ii) Records of bag leak detection system adjustments, including the date and time of the adjustment, the initial bag leak detection system settings, and the final bag leak detection system settings; and


(iii) The date and time of all bag leak detection system alarms, the time that procedures to determine the cause of an alarm were initiated, whether procedures were initiated within 1 hour of the alarm, the cause of the alarm, an explanation of the actions taken, the date and time the cause of the alarm was alleviated, and whether the alarm was alleviated within 3 hours of the alarm.


(e) You must conduct a performance test to demonstrate initial compliance with the PM emissions limit within 180 days after startup and report the results in your notification of compliance status. You must conduct each PM test according to § 63.7(e)(1) using the test methods and procedures in paragraphs (e)(1) through (5) of this section.


(1) Method 1 or 1A (40 CFR part 60, appendix A) 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.


(2) Method 2, 2A, 2C, 2D, 2F, or 2G (40 CFR part 60, appendix A) to determine the volumetric flow rate of the stack gas.


(3) Method 3, 3A, or 3B (40 CFR part 60, appendix A) to determine the dry molecular weight of the stack gas. You may use ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses (incorporated by reference – see § 63.14) as an alternative to EPA Method 3B.


(4) Method 4 (40 CFR part 60, appendix A) to determine the moisture content of the stack gas.


(5) Method 5 (40 CFR part 60, appendix A) to determine the PM concentration for negative pressure baghouses and Method 5D (40 CFR part 60, appendix A) for positive pressure baghouses. The sampling time and volume for each run must be at least 60 minutes and 0.85 dry standard cubic meters (30 dry standard cubic feet). A minimum of three valid test runs are needed to comprise a PM performance test.


(f) You must conduct subsequent performance tests to demonstrate compliance with the PM emissions limit at least once every 5 years.


(g) If you use a control device other than a baghouse, you must prepare and submit a monitoring plan to the Administrator for approval. Each plan must contain the information in paragraphs (g)(1) through (5) of this section.


(1) A description of the device;


(2) Test results collected in accordance with paragraph (e) of this section verifying the performance of the device for reducing PM to the levels required by this subpart;


(3) Operation and maintenance plan for the control device (including a preventative maintenance schedule consistent with the manufacturer’s instructions for routine and long-term maintenance) and continuous monitoring system.


(4) A list of operating parameters that will be monitored to maintain continuous compliance with the applicable emission limits; and


(5) Operating parameter limits based on monitoring data collected during the performance test.


§ 63.11156 [Reserved]

Other Requirements and Information

§ 63.11157 What General Provisions apply to this subpart?

(a) If you own or operate a new affected source, you must comply with the requirements of the General Provisions in 40 CFR part 63, subpart A as specified in Table 1 to this subpart.


(b) Your notification of compliance status required by § 63.9(h) must include the following:


(1) The results of the initial performance tests and monitoring data collected during the test.


(2) This certification of compliance, signed by a responsible official, for the work practice standard in § 63.1155(b): “This facility complies with the requirement for a capture system for each smelting furnace, melting furnace, or other vessel that contains molten material in accordance with § 63.11155(b).”


(3) This certification of compliance, signed by a responsible official, for the work practice standard in § 63.11155(c): “This facility complies with the requirement for a written plan for the selection, inspection, and pretreatment of copper scrap in accordance with § 63.11155(c).”


(4) This certification of compliance, signed by a responsible official, for the work practice standard in § 63.11155(d)(2): “This facility has an approved monitoring plan in accordance with § 63.11155(d)(2).”


(5) This certification of compliance, signed by a responsible official, for the work practice standard in § 63.11155(g): “This facility has an approved monitoring plan in accordance with § 63.11155(g).”


[72 FR 2952, Jan. 23, 2007, as amended at 72 FR 36367, July 3, 2007]


§ 63.11158 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:


Anode copper means copper that is cast into anodes and refined in an electrolytic process to produce high purity copper.


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. A capture system may include, but is not limited to, the following components as applicable to a given capture system design: duct intake devices, hoods, enclosures, ductwork, dampers, manifolds, plenums, and fans.


Melting furnace means any furnace, reactor, or other type of vessel that heats solid materials and produces a molten mass of material.


Secondary copper smelter means a facility that processes copper scrap in a blast furnace and converter or that uses another pyrometallurgical purification process to produce anode copper from copper scrap, including low-grade copper scrap. A facility where recycled copper scrap or copper alloy scrap is melted to produce ingots or for direct use in a manufacturing process is not a secondary copper smelter.


Smelting furnace means any furnace, reactor, or other type of vessel in which copper scrap and fluxes are melted to form a molten mass of material containing copper and slag.


Work practice standard means any design, equipment, work practice, or operational standard, or combination thereof.


§ 63.11159 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as a State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to a 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 a 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 listed in paragraphs (c)(1) through (4) of this section.


(1) Approval of an alternative non-opacity emissions standard under § 63.6(g).


(2) Approval of a major change to test methods under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in § 63.90.


(3) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” is defined in § 63.90.


(4) Approval of a major change to recordkeeping/ reporting under § 63.10(f). A “major change to recordkeeping/reporting” is defined in § 63.90.


As required in § 63.11157(a), you must comply with the requirements of the General Provisions (40 CFR part 63, subpart A) as shown in the following table.


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

Citation
Subject
Applies to subpart FFFFFF?
Explanation
63.1(a)(1), (a)(2), (a)(3), (a)(4), (a)(6), (a)(10)-(a)(12), (b)(1), (b)(3), (c)(1), (c)(2), (c)(5), (e)ApplicabilityYes.
63.1(a)(5), (a)(7)-(a)(9), (b)(2), (c)(3), (c)(4), (d)ReservedNo.
63.2DefinitionsYes.
63.3Units and AbbreviationsYes.
63.4Prohibited Activities and CircumventionYes.
63.5Preconstruction Review and Notification RequirementsNo.
63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1), (c)(2), (c)(5), (e)(3)(i), (e)(3)(iii)-(e)(3)(ix), (f), (g), (i), (j)Compliance with Standards and Maintenance RequirementsYes.
63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), (e)(3)(ii), (h)(3), (h)(5)(iv)ReservedNo.
63.6(h)(1)-(h)(4), (h)(5)(i)-(h)(5)(iii), (h)(6)-(h)(9)NoSubpart FFFFFF does not include opacity or visible emissions standards.
63.7Performance Testing RequirementsYes.
63.8(a)(1), (a)(2), (b), (f)(1)-(5)Monitoring RequirementsYes.
63.8(a)(3)ReservedNo.
63.8(c), (d), (e), (f)(6), (g)NoSubpart FFFFFF does not require a continuous monitoring system.
63.8(a)(4)NoSubpart FFFFFF does not require flares.
63.9(a), (b)(1), (b)(2), (b)(5), (c), (d), (e), (f), (g), (h)(1)-(h)(3), (h)(5), (h)(6), (i), (j)Notification RequirementsYes.
63.9(b)(3), (h)(4)ReservedNo.
63.9(b)(4)No.
63.9(f)NoSubpart FFFFFF does not include opacity or visible emissions standards.
63.9(g)NoSubpart FFFFFF does not require a continuous monitoring system.
63.10(a), (b)(2)(i)-(b)(2)(v), (b)(2)(xiv), (d)(1), (d)(2), (d)(4), (d)(5), (e)(1), (e)(2), (f)Recordkeeping and Reporting RequirementsYes.
63.10(c)(2)-(c)(4), (c)(9)ReservedNo.
63.10(b)(2)(vi)-(b)(2)(xiii), (c)(1), (c)(5)-(c)(14), (e)(1)-(e)(2), (e)(4)Subpart FFFFFF does not require a continuous monitoring system.
63.10(d)(3)NoSubpart FFFFFF does not include opacity or visible emissions standards.
63.10(e)(3)Yes.
63.11Control Device RequirementsNoSubpart FFFFFF does not require flares.
63.12State Authorities and DelegationsYes.
63.13AddressesYes.
63.14Incorporations by ReferenceYes
63.15Availability of Information and ConfidentialityYes
63.16Performance Track ProvisionsYes.

Subpart GGGGGG – National Emission Standards for Hazardous Air Pollutants for Primary Nonferrous Metals Area Sources – Zinc, Cadmium, and Beryllium


Source:72 FR 2955, Jan. 23, 2007, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11160 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a primary zinc production facility or primary beryllium production facility that is an area source of hazardous air pollutant (HAP) emissions.


(b) The affected source is each existing or new primary zinc production facility or primary beryllium production facility.


(1) An affected source is existing if you commenced construction or reconstruction of the affected source before October 6, 2006.


(2) An affected source is new if you commenced construction or reconstruction of the affected source on or after October 6, 2006.


(c) If you own or operate a new or existing affected source, you must obtain a permit under 40 CFR part 70 or 71.


§ 63.11161 What are my compliance dates?

(a) If you have an existing affected source, you must achieve compliance with applicable provisions in this subpart by January 23, 2007. If you startup a new sintering machine at an existing affected source after January 23, 2007, you must achieve compliance with the applicable provisions in this subpart not later than 180 days after startup.


(b) If you have a new affected source, you must achieve compliance with applicable provisions in this subpart according to the dates in paragraphs (b)(1) and (2) of this section.


(1) If you startup a new affected source on or before January 23, 2007, you must achieve compliance with applicable provisions in this subpart not later than January 23, 2007.


(2) If you startup a new affected source after January 23, 2007, you must achieve compliance with applicable provisions in this subpart upon initial startup.


Primary Zinc Production Facilities

§ 63.11162 What are the standards and compliance requirements for existing sources?

(a) You must exhaust the off-gases from each roaster to a particulate matter (PM) control device and to a sulfuric acid plant, including during the charging of the roaster.


(b) Except as provided in paragraph (b)(6) of this section, you must not discharge to the atmosphere any gases which contain PM in excess of the emissions limits in paragraphs (b)(1) through (5) of this section.


(1) 0.93 pound per hour (lb/hr) from the exhaust vent of a zinc cathode melting furnace.


(2) 0.1 lb/hr from the exhaust vent of a furnace that melts zinc dust, zinc chips, and/or other materials containing zinc.


(3) 0.228 lb/hr from the vent for the combined exhaust from a furnace melting zinc scrap and an alloy furnace.


(4) 0.014 grains per dry standard cubic foot (gr/dscf) from the exhaust vent of an anode casting furnace.


(5) 0.015 gr/dscf from the exhaust vent of a cadmium melting furnace.


(6) You may elect to meet an emissions limit of 0.005 gr/dscf as an alternative to the emissions limits in lb/hr in paragraphs (b)(1) through (3) of this section.


(c) You must establish an operating range for pressure drop for each baghouse applied to a furnace subject to an emissions limit in paragraph (b) of this section based on the minimum and maximum values recorded during a performance test that demonstrates compliance with the applicable PM emissions limit. Alternatively, you may use an operating range that has been previously established and approved by your permitting authority within the past 5 years. You must monitor the pressure drop daily, maintain the pressure drop for each baghouse within the established operating range, and record the pressure drop measurement in a daily log. You must perform routine maintenance on each baghouse and record maintenance activities in a baghouse maintenance log. Baghouse maintenance logs must include, but are not limited to, inspections, criteria for changing bag filters, and dates on which the bag filters are replaced. Both logs must be maintained in a suitable permanent form and kept available for inspection.


(d) If you own or operate a sintering machine at your facility, you must comply with the PM emissions limit in 40 CFR 60.172(a) and the opacity emissions limit in 40 CFR 60.174(a) for that sintering machine.


(e) If you own or operate a sintering machine at your facility, you must install and operate a continuous opacity monitoring system (COMS) for each sintering machine according to the requirements in 40 CFR 60.175(a). Each COMS must meet Performance Specification 1 (40 CFR part 60, appendix B).


(f) For each furnace at your facility subject to an emissions limit in paragraph (b) of this section, you must demonstrate initial compliance with the applicable PM emissions limit in paragraph (b) of this section based on the results of a performance test for that furnace. If you own or operate a sintering machine, you must also demonstrate initial compliance with the PM and opacity emissions limits in paragraph (d) of this section based on the results of a performance test for that sintering machine.


(1) You may certify initial compliance for a furnace (and sintering machine, if applicable) based on the results of a previous performance test conducted during the past 5 years.


(2) If you have not conducted a performance test to demonstrate compliance with the applicable emissions limits during the past 5 years, you must conduct a performance test within 180 days of your compliance date and report the results in your notification of compliance status. If a furnace subject to an emissions limit in paragraph (b) of this section is not operating on the compliance date and subsequently resumes operation, you must conduct a performance test within 180 days of startup and report the results in your notification of compliance status.


(3) You must conduct each PM test for a furnace according to § 63.7(e)(1) using the test methods and procedures in paragraphs (f)(3)(i) through (v) of this section.


(i) Method 1 or 1A (40 CFR part 60, appendix A) 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 (40 CFR part 60, appendix A) to determine the volumetric flow rate of the stack gas.


(iii) Method 3, 3A, or 3B (40 CFR part 60, appendix A) to determine the dry molecular weight of the stack gas. You may use ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses (incorporated by reference – see § 63.14) as an alternative to EPA Method 3B.


(iv) Method 4 (40 CFR part 60, appendix A) to determine the moisture content of the stack gas.


(v) Method 5 (40 CFR part 60, appendix A) to determine the PM concentration for a negative pressure baghouse, Method 5D (40 CFR part 60, appendix A) for a positive pressure baghouse, or an alternative method previously approved by your permitting authority. A minimum of three valid test runs are needed to comprise a PM performance test.


(4) You must conduct each PM test for a sintering machine according to § 63.7(e)(1) and 40 CFR 60.176(b)(1) using the test methods in paragraph (f)(3) of this section. You must determine the PM concentration using EPA Method 5 (40 CFR part 60, appendix A). You may use ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses” (incorporated by reference – see § 63.14) as an alternative to EPA Method 3B.


(5) You must conduct each opacity test for a sintering machine according to the requirements in § 63.6(h)(7). You must determine the opacity of emissions using EPA Method 9 (40 CFR part 60, appendix A).


(g) For each furnace subject to an emissions limit in paragraph (b) of this section, you must conduct subsequent performance tests according to the requirements in paragraph (f)(3) of this section to demonstrate compliance with the applicable PM emissions limit for the furnace every 5 years.


(h) You must submit a notification to your permitting authority of any deviation from the requirements of this subpart within 30 days after the deviation. The notification must describe the probable cause of the deviation and any corrective actions or preventative measures taken.


(i) You must submit semiannual monitoring reports to your permitting authority containing the results for all monitoring required by this subpart. All deviations that occur during the reporting period must be clearly identified.


(j) You must keep records of all required monitoring data and support information. Support information includes all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation and copies of all reports required by this subpart.


(k) You must comply with the operation and maintenance requirements specified in paragraphs (k)(1) and (2) of this section and the requirements for emergency situations specified in paragraph (k)(3) or (4) of this section.


(1) You must maintain all equipment covered under this subpart in such a manner that the performance or operation of such equipment does not cause a deviation from the applicable requirements.


(2) You must keep a maintenance record for each item of air pollution control equipment. At a minimum, this record must show the dates of performing maintenance and the nature of preventative maintenance activities.


(3) Except as specified in paragraph (k)(4) of this section, in the event of an emergency situation you must comply with the requirements in paragraphs (k)(3)(i) through (iii) of this section. For the purpose of complying with this paragraph, an emergency situation is any situation arising from sudden and reasonably unforeseeable events beyond the control of the facility owner or operator that require immediate corrective action to restore normal operation, and that cause the affected source to exceed applicable emission limitation under this subpart, due to unavoidable increases in emissions attributable to the emergency. An emergency must not include noncompliance to the extent it is caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error.


(i) During the period of the emergency you must implement all reasonable steps to minimize levels of emissions that exceeded the emission standards or other applicable requirements in this subpart.


(ii) You must document through signed contemporaneous logs or other relevant evidence that an emergency occurred and you can identify the probable cause, your facility was being operated properly at the time the emergency occurred, and the corrective actions taken to minimize emissions as required by paragraph (k)(3)(i) of this section.


(iii) You must submit a notice of the emergency to the permitting authority within two working days of the time when emission limitations were exceeded due to the emergency (or an alternative timeframe acceptable to the permitting authority). This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken.


(4) As an alternative to the requirements in paragraph (k)(3) of this section, you must comply with the startup, shutdown, and malfunction requirements in 40 CFR 63.6(e)(3).


§ 63.11163 What are the standards and compliance requirements for new sources?

(a) You must exhaust the off-gases from each roaster to a PM control device and to a sulfuric acid plant, including the charging of the roaster.


(b) You must not discharge to the atmosphere any gases which contain PM in excess of the emissions limits in paragraphs (b)(1) through (3) of this section.


(1) 0.005 gr/dscf from the exhaust vent of a zinc cathode melting furnace; scrap zinc melting furnace; furnace melting zinc dust, zinc chips, and other materials containing zinc; and alloy melting furnace.


(2) 0.014 gr/dscf from the exhaust vent of an anode casting furnace.


(3) 0.015 gr/dscf from the exhaust vent of a cadmium melting furnace.


(c) For each melting furnace, you must install and operate a capture system that collects gases and fumes from the melting furnace and from the transfer of molten materials and conveys the collected gases to a control device.


(d) You must install, operate, and maintain a bag leak detection system on all baghouses used to comply with the PM emissions limit in paragraph (b) of this section according to paragraph (d)(1) of this section, prepare and operate by a site-specific monitoring plan according to paragraph (d)(2) of this section, take corrective action according to paragraph (d)(3) of this section, and record information according to paragraph (d)(4) of this section.


(1) Each bag leak detection system must meet the specifications and requirements in paragraphs (d)(1)(i) through (viii) of this section.


(i) The bag leak detection system must be certified by the manufacturer to be capable of detecting PM emissions at concentrations of 1 milligram per actual cubic meter (0.00044 grains per actual cubic foot) or less.


(ii) The bag leak detection system sensor must provide output of relative PM loadings. The owner or operator must 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.)


(iii) The bag leak detection system must be equipped with an alarm system that will sound when the system detects an increase in relative particulate loading over the alarm set point established according to paragraph (d)(1)(iv) of this section, and the alarm must be located such that it can be heard by the appropriate plant personnel.


(iv) In the initial adjustment of the bag leak detection system, you must establish, at a minimum, the baseline output by adjusting the sensitivity (range) and the averaging period of the device, the alarm set points, and the alarm delay time.


(v) Following initial adjustment, you must not adjust the averaging period, alarm set point, or alarm delay time without approval from the Administrator or delegated authority except as provided in paragraph (d)(1)(vi) of this section.


(vi) Once per quarter, you may adjust the sensitivity of the bag leak detection system to account for seasonal effects, including temperature and humidity, according to the procedures identified in the site-specific monitoring plan required by paragraph (d)(2) of this section.


(vii) You must install the bag leak detection sensor downstream of the baghouse and upstream of any wet scrubber.


(viii) Where multiple detectors are required, the system’s instrumentation and alarm may be shared among detectors.


(2) You must develop and submit to the Administrator or delegated authority for approval a site-specific monitoring plan for each bag leak detection system. You must operate and maintain the bag leak detection system according to the site-specific monitoring plan at all times. Each monitoring plan must describe the items in paragraphs (d)(2)(i) through (vi) 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; and


(vi) Corrective action procedures as specified in paragraph (d)(3) of this section. In approving the site-specific monitoring plan, the Administrator or delegated authority may allow owners and operators more than 3 hours to alleviate a specific condition that causes an alarm if the owner or operator identifies in the monitoring plan this specific condition as one that could lead to an alarm, adequately explains why it is not feasible to alleviate this condition within 3 hours of the time the alarm occurs, and demonstrates that the requested time will ensure alleviation of this condition as expeditiously as practicable.


(3) For each bag leak detection system, you must initiate procedures to determine the cause of every alarm within 1 hour of the alarm. Except as provided in paragraph (d)(2)(vi) of this section, you must alleviate the cause of the alarm within 3 hours of the alarm by taking whatever corrective action(s) are necessary. Corrective actions may include, but are not limited to the following:


(i) Inspecting the baghouse for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in particulate 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; or


(vi) Shutting down the process producing the particulate emissions.


(4) You must maintain records of the information specified in paragraphs (d)(4)(i) through (iii) of this section for each bag leak detection system.


(i) Records of the bag leak detection system output;


(ii) Records of bag leak detection system adjustments, including the date and time of the adjustment, the initial bag leak detection system settings, and the final bag leak detection system settings; and


(iii) The date and time of all bag leak detection system alarms, the time that procedures to determine the cause of the alarm were initiated, if procedures were initiated within 1 hour of the alarm, the cause of the alarm, an explanation of the actions taken, the date and time the cause of the alarm was alleviated, and if the alarm was alleviated within 3 hours of the alarm.


(e) If there is a sintering machine at your primary zinc production facility, you must comply with the PM emissions limit in 40 CFR 60.172(a) and the opacity emissions limit in 40 CFR 60.174(a) for that sintering machine.


(f) If there is a sintering machine at your primary zinc production facility, you must install and operate a COMS for each sintering machine according to the requirements in 40 CFR 60.175(a). Each COMS must meet EPA Performance Specification 1 (40 CFR part 60, appendix B).


(g) For each furnace (and sintering machine, if applicable) at your facility, you must conduct a performance test to demonstrate initial compliance with each applicable PM emissions limit for that furnace (and the PM and opacity limits for a sintering machine, if applicable) within 180 days after startup and report the results in your notification of compliance status.


(1) You must conduct each PM test for a furnace according to § 63.7(e)(1) using the test methods and procedures in paragraphs (g)(1)(i) through (v) of this section.


(i) Method 1 or 1A (40 CFR part 60, appendix A) 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 (40 CFR part 60, appendix A) to determine the volumetric flow rate of the stack gas.


(iii) Method 3, 3A, or 3B (40 CFR part 60, appendix A) to determine the dry molecular weight of the stack gas. You may use ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses” (incorporated by reference – see § 63.14) as an alternative to EPA Method 3B.


(iv) Method 4 (40 CFR part 60, appendix A) to determine the moisture content of the stack gas.


(v) Method 5 (40 CFR part 60, appendix A) to determine the PM concentration for negative pressure baghouses or Method 5D (40 CFR part 60, appendix A) for positive pressure baghouses. A minimum of three valid test runs are needed to comprise a PM performance test.


(2) You must conduct each PM test for a sintering machine according to § 63.7(e)(1) and 40 CFR 60.176(b)(1) using the test methods in paragraph (g)(1) of this section. You must determine the PM concentration using EPA Method 5 (40 CFR part 60, appendix A). You may use ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses” (incorporated by reference – see § 63.14) as an alternative to EPA Method 3B.


(3) You must conduct each opacity test for a sintering machine according to the requirements in § 63.6(h)(7). You must determine the opacity of emissions using EPA Method 9 (40 CFR part 60, appendix A).


(h) You must conduct subsequent performance tests according to the requirements in paragraph (g)(1) of this section for each furnace subject to an emissions limit in paragraph (b) of this section to demonstrate compliance at least once every 5 years.


(i) If you use a control device other than a baghouse, you must prepare and submit a monitoring plan to the Administrator for approval. Each plan must contain the information in paragraphs (i)(1) through (5) of this section.


(1) A description of the device;


(2) Test results collected in accordance with paragraph (g) of this section verifying the performance of the device for reducing PM and opacity to the levels required by this subpart;


(3) Operation and maintenance plan for the control device (including a preventative maintenance schedule consistent with the manufacturer’s instructions for routine and long-term maintenance) and continuous monitoring system;


(4) A list of operating parameters that will be monitored to maintain continuous compliance with the applicable emission limits; and


(5) Operating parameter limits based on monitoring data collected during the performance test.


(i) As an alternative to the startup, shutdown, and malfunction requirements in 40 CFR 63.6(e)(3), you must comply with the requirements specified in this paragraph. In the event of an emergency situation, you must comply with the requirements in paragraphs (i)(1) through (3) of this section. For the purpose of complying with this paragraph, an emergency situation is any situation arising from sudden and reasonably unforeseeable events beyond the control of the facility owner or operator that require immediate corrective action to restore normal operation, and that cause the affected source to exceed applicable emission limitation under this subpart, due to unavoidable increases in emissions attributable to the emergency. An emergency must not include noncompliance to the extent it is caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error.


(1) During the period of the emergency you must implement all reasonable steps to minimize levels of emissions that exceeded the emission standards or other applicable requirements in this subpart.


(2) You must document through signed contemporaneous logs or other relevant evidence that an emergency occurred and you can identify the probable cause, your facility was being operated properly at the time the emergency occurred, and the corrective actions taken to minimize emissions as required by paragraph (i)(1) of this section.


(3) You must submit a notice of the emergency to the permitting authority within two working days of the time when emission limitations were exceeded due to the emergency (or an alternative timeframe acceptable to the permitting authority). This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken.


§ 63.11164 What General Provisions apply to primary zinc production facilities?

(a) If you own or operate an existing affected source, you must comply with the requirements of the General Provisions in 40 CFR part 63, subpart A, according to Table 1 to this subpart and paragraphs (a)(1) through (3) of this section.


(1) Your notification of compliance status required by § 63.9(h) must include this certification of compliance, signed by a responsible official, for the work practice standards in § 63.11162(a): “This facility complies with the work practice standards in § 63.11162(a).”


(2) If you certify compliance with the PM emissions limits in § 63.11162(b) based on a previous performance test, your notification of compliance status required by § 63.9(h) must include this certification of compliance, signed by a responsible official: “This facility complies with the PM emissions limits in § 63.11162(b) based on a previous performance test.”


(3) If you conduct a new performance test to demonstrate compliance with the PM emissions limits for a furnace in § 63.11162(b), your notification of compliance status required by § 63.9(h) must include the results of the performance test, including required monitoring data.


(b) If you own or operate a new affected source, you must comply with the requirements of the General Provisions (40 CFR part 63, subpart A) as provided in Table 1 to this subpart and paragraphs (b)(1) through (4) of this section.


(1) Your notification of compliance status required in § 63.9(h) must include the results of the initial performance tests, including required monitoring data.


(2) Your notification of compliance status required by § 63.9(h) must include this certification of compliance, signed by a responsible official, for the work practice standard in § 63.11163(a): “This facility complies with the work practice standards in § 63.11163(a).”


(3) Your notification of compliance status required by § 63.9(h) must include this certification of compliance, signed by a responsible official, for the capture system requirements in § 63.11163(c): “This facility has installed capture systems according to § 63.11163(c).”


(4) If you use a baghouse that is subject to the requirements in § 63.11163(d), your notification of compliance status required by § 63.9(h) must include this certification of compliance, signed by a responsible official, for the bag leak detection system requirements in § 63.11163(d): “This facility has an approved monitoring plan in accordance with § 63.11163(d).”


(5) If you use control devices other than baghouses, your notification of compliance status required by § 63.9(h) must include this certification of compliance, signed by a responsible official for the monitoring plan requirements in § 63.11163(i): “This facility has an approved monitoring plan in accordance with § 63.11163(i).”


Primary Beryllium Production Facilities

§ 63.11165 What are the standards and compliance requirements for new and existing sources?

You must comply with the requirements in 40 CFR 61.32 through 40 CFR 61.34 of the National Emission Standards for Beryllium (40 CFR part 61, subpart C).


§ 63.11166 What General Provisions apply to primary beryllium production facilities?

(a) You must comply with all of the requirements of the General Provisions in 40 CFR part 61, subpart A.


(b) You must comply with the requirements of the General Provisions in 40 CFR part 63, subpart A, that are specified in paragraphs (b)(1) and (2) of this section.


(1) Section 63.1(a)(1) through (10).


(2) Section 63.1(b) except paragraph (b)(3), § 63.1(c), and § 63.1(e).


Other Requirements and Information

§ 63.11167 What definitions apply to this subpart?

Terms used in this subpart are defined in the CAA; 40 CFR 60.2; 60.171; 61.02; 61.31; 61.61; 63.2; and in this section as follows:


Alloy furnace means any furnace used to melt alloys or to produce zinc that contains alloys.


Anode casting furnace means any furnace that melts materials to produce the anodes used in the electrolytic process for the production of zinc.


Bag leak detection system means a system that is capable of continuously monitoring the relative particulate matter (dust) loadings in the exhaust of a baghouse to detect bag leaks and other conditions that result in increases in particulate loadings. 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.


Cadmium melting furnace means any furnace used to melt cadmium or produce cadmium oxide from the cadmium recovered in the zinc production process.


Capture system means the collection of equipment used to capture gases and fumes released from one or more emissions points and then convey the captured gas stream to a control device. A capture system may include, but is not limited to, the following components as applicable to a given capture system design: duct intake devices, hoods, enclosures, ductwork, dampers, manifolds, plenums, and fans.


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 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 or work practice standard in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart.


Primary beryllium production facility means any establishment engaged in the chemical processing of beryllium ore to produce beryllium metal, alloy, or oxide, or performing any of the intermediate steps in these processes. A primary beryllium production facility may also be known as an extraction plant.


Primary zinc production facility means an installation engaged in the production, or any intermediate process in the production, of zinc or zinc oxide from zinc sulfide ore concentrates through the use of pyrometallurgical techniques.


Responsible official means responsible official as defined in 40 CFR 70.2.


Roaster means any facility in which a zinc sulfide ore concentrate charge is heated in the presence of air to eliminate a significant portion (more than 10 percent) of the sulfur contained in the charge.


Sintering machine means any furnace in which calcines are heated in the presence of air to agglomerate the calcines into a hard porous mass called sinter.


Sulfuric acid plant means any facility producing sulfuric acid from the sulfur dioxide (SO2) in the gases from the roaster.


Work practice standard means any design, equipment, work practice, or operational standard, or combination thereof.


Zinc cathode melting furnace means any furnace used to melt the pure zinc from the electrolytic process.


§ 63.11168 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority such as a State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to a 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 paragraphs (c) and (d) 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) For primary zinc production facilities subject to this subpart, the authorities that will not be delegated to State, local, or tribal agencies are listed in paragraphs (c)(1) through (5) of this section.


(1) Approval of an alternative non-opacity emissions standard under § 63.6(g).


(2) Approval of an alternative opacity emissions standard under § 63.6(h)(9).


(3) Approval of a major change to test methods under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in § 63.90


(4) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” is defined in § 63.90.


(5) Approval of a major change to recordkeeping/reporting under § 63.10(f). A “major change to recordkeeping/reporting” is defined in § 63.90.


(d) For primary beryllium manufacturing facilities subject to this subpart, the authorities that will not be delegated to State, local, or tribal agencies are listed in paragraphs (d)(1) through (4) of this section.


(1) Approval of an alternative non-opacity emissions standard under 40 CFR 61.12(d).


(2) Approval of a major change to test methods under 40 CFR 61.13(h). A “major change to test method” is defined in § 63.90.


(3) Approval of a major change to monitoring under 40 CFR 61.14(g). A “major change to monitoring” is defined in § 63.90.


(4) Approval of a major change to recordkeeping/reporting under 40 CFR 61.10. A “major change to recordkeeping/reporting” is defined in § 63.90.


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

As required in § 63.11164(a) and (b), you must comply with the requirements of the NESHAP General Provisions (40 CFR part 63, subpart A) as shown in the following table.


Citation
Subject
Applies to subpart GGGGGG
Explanation
63.1(a)(1), (a)(2), (a)(3), (a)(4), (a)(6), (a)(10)-(a)(12), (b)(1), (b)(3), (c)(1), (c)(2), (c)(5), (e)ApplicabilityYes.
63.1(a)(5), (a)(7)-(a)(9), (b)(2), (c)(3), (c)(4), (d)ReservedNo.
63.2DefinitionsYes.
63.3Units and AbbreviationsYes.
63.4Prohibited Activities and CircumventionYes.
63.5Preconstruction Review and Notification RequirementsNo.
63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1), (c)(2), (c)(5)Compliance with Standards and Maintenance Requirements – Applicability Compliance DatesYes.
63.6(e)Operation and Maintenance RequirementsYes/NoOperation and maintenance requirements do not apply to existing sources except that the startup, shutdown, and malfunction requirements in § 63.6(e)(3) are allowed as an alternative to the rule requirements for emergency situations. Operation and maintenance requirements apply to new sources except that the rule requirements for emergency situations are allowed as an alternative to the startup, shutdown, and malfunction requirements in § 63.6(e)(3).
63.6(f), (g), (i), (j)Compliance with Nonopacity Emission StandardsYes.
63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), (e)(3)(ii), (h)(3), (h)(5)(iv)ReservedNo.
63.6(h)(1)-(h)(4), (h)(5)(i)-(h)(5)(iii), (h)(6)-(h)(9)Yes.
63.7(a), (e), (f), (g), (h)Performance Testing RequirementsYes.
63.7(b), (c)Yes/NoNotification of performance tests and quality assurance program apply to new sources but not existing sources.
63.8(a)(1), (a)(2), (b), (c), (f), (g)Monitoring RequirementsYesRequirements in § 63.6(c)(4)(i)-(ii), (c)(5), (c)(6), (d), (e), (f)(6), and (g) apply if a COMS is used.
63.8(a)(3)ReservedNo.
63.8(a)(4)NoSubpart GGGGGG does not require flares.
63.8(d), (e)Yes/NoRequirements for quality control program and performance evaluations apply to new sources but not existing sources.
63.9(a), (b)(1), (b)(2), (b)(5), (c), (d), (f), (g), (h)(1)-(h)(3), (h)(5), (h)(6), (i), (j)Notification RequirementsYes/NoNotification of performance tests and opacity or visible emissions observations apply to new sources but not existing sources.
63.9(b)(3), (h)(4)ReservedNo.
63.9(b)(4)No.
63.10(a), (b)(1), (b)(2)(i)-(v), (d)(4), (d)(5)(i), (f)Recordkeeping and Reporting RequirementsYes.
63.10(b)(2), (b)(3), (c)(1), (c)(5)-(c)(8), (c)(10)-(c)(15), (d)(1)-(d)(3), (d)(5)(ii), (e)(1), (e)(2), (e)(4)Yes/NoRecordkeeping and reporting requirements apply to new sources but not existing sources.
63.10(c)(2)-(c)(4), (c)(9)ReservedNo.
63.10(e)(3)Yes/NoReporting requirements apply to new sources but not existing sources.
63.11Control Device RequirementsNoSubpart GGGGGG does not require flares.
63.12State Authorities and DelegationsYes.
63.13AddressesYes.
63.14Incorporations by ReferenceYes.
63.15Availability of Information and ConfidentialityYes.
63.16Performance Track ProvisionsYes.

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


Source:73 FR 1759, Jan. 9, 2008, unless otherwise noted.

What This Subpart Covers

§ 63.11169 What is the purpose of this subpart?

Except as provided in paragraph (d) of this section, this subpart establishes national emission standards for hazardous air pollutants (HAP) for area sources involved in any of the activities in paragraphs (a) through (c) of this section. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission standards contained herein.


(a) Paint stripping operations that involve the use of chemical strippers that contain methylene chloride (MeCl), Chemical Abstract Service number 75092, in paint removal processes;


(b) Autobody refinishing operations that encompass motor vehicle and mobile equipment spray-applied surface coating operations;


(c) Spray application of coatings containing compounds of chromium (Cr), lead (Pb), manganese (Mn), nickel (Ni), or cadmium (Cd), collectively referred to as the target HAP to any part or product made of metal or plastic, or combinations of metal and plastic that are not motor vehicles or mobile equipment.


(d) This subpart does not apply to any of the activities described in paragraph (d)(1) through (6) of this section.


(1) Surface coating or paint stripping performed on site at installations owned or operated by the Armed Forces of the United States (including the Coast Guard and the National Guard of any such State), the National Aeronautics and Space Administration, or the National Nuclear Security Administration.


(2) Surface coating or paint stripping of military munitions, as defined in § 63.11180, manufactured by or for the Armed Forces of the United States (including the Coast Guard and the National Guard of any such State) or equipment directly and exclusively used for the purposes of transporting military munitions.


(3) Surface coating or paint stripping performed by individuals on their personal vehicles, possessions, or property, either as a hobby or for maintenance of their personal vehicles, possessions, or property. This subpart also does not apply when these operations are performed by individuals for others without compensation. An individual who spray applies surface coating to more than two motor vehicles or pieces of mobile equipment per year is subject to the requirements in this subpart that pertain to motor vehicle and mobile equipment surface coating regardless of whether compensation is received.


(4) Surface coating or paint stripping that meets the definition of “research and laboratory activities” in § 63.11180.


(5) Surface coating or paint stripping that meets the definition of “quality control activities” in § 63.11180.


(6) Surface coating or paint stripping activities that are covered under another area source NESHAP.


§ 63.11170 Am I subject to this subpart?

(a) You are subject to this subpart if you operate an area source of HAP as defined in paragraph (b) of this section, including sources that are part of a tribal, local, State, or Federal facility and you perform one or more of the activities in paragraphs (a)(1) through (3) of this section:


(1) Perform paint stripping using MeCl for the removal of dried paint (including, but not limited to, paint, enamel, varnish, shellac, and lacquer) from wood, metal, plastic, and other substrates.


(2) Perform spray application of coatings, as defined in § 63.11180, to motor vehicles and mobile equipment including operations that are located in stationary structures at fixed locations, and mobile repair and refinishing operations that travel to the customer’s location, except spray coating applications that meet the definition of facility maintenance in § 63.11180. However, if you are the owner or operator of a motor vehicle or mobile equipment surface coating operation, you may petition the Administrator for an exemption from the surface coating provisions of this subpart if you can demonstrate, to the satisfaction of the Administrator, that you spray apply no coatings that contain the target HAP, as defined in § 63.11180. Petitions must include a description of the coatings that you spray apply and your certification that you do not spray apply any coatings containing the target HAP. If circumstances change such that you intend to spray apply coatings containing the target HAP, you must submit the initial notification required by § 63.11175 and comply with the requirements of this subpart. On and after May 9, 2023, you may submit a notification to the Administrator that you do not spray apply any target HAP containing coatings, as defined in § 63.11180, in place of a petition. You are still required to retain records that describe the coatings that are spray applied, but that information does not need to be reported to the Administrator. The Administrator maintains the authority to verify records retained on site, including whether the notification of exemption was sufficiently demonstrated. Alternatively, if you are the owner or operator of a motor vehicle or mobile equipment surface coating operation and you wish for a formal determination, you may still petition the Administrator for an exemption from this subpart.


(3) Perform spray application of coatings that contain the target HAP, as defined in § 63.11180, to a plastic and/or metal substrate on a part or product, except spray coating applications that meet the definition of facility maintenance or space vehicle in § 63.11180.


(b) An area source of HAP is a source of HAP that is not a major source of HAP, is not located at a major source, and is not part of a major source of HAP emissions. 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 any single HAP at a rate of 9.07 megagrams (Mg) (10 tons) or more per year, or emit any combination of HAP at a rate of 22.68 Mg (25 tons) or more per year.


[73 FR 1759, Jan. 9, 2008, as amended at 87 FR 67804, Nov. 10, 2022]


§ 63.11171 How do I know if my source is considered a new source or an existing source?

(a) This subpart applies to each new and existing affected area source engaged in the activities listed in § 63.11170, with the exception of those activities listed in § 63.11169(d) of this subpart.


(b) The affected source is the collection of all of the items listed in paragraphs (b)(1) through (6) of this section. Not all affected sources will have all of the items listed in paragraphs (b)(1) through (6) of this section.


(1) Mixing rooms and equipment;


(2) Spray booths, ventilated prep stations, curing ovens, and associated equipment;


(3) Spray guns and associated equipment;


(4) Spray gun cleaning equipment;


(5) Equipment used for storage, handling, recovery, or recycling of cleaning solvent or waste paint; and


(6) Equipment used for paint stripping at paint stripping facilities using paint strippers containing MeCl.


(c) An affected source is a new source if it meets the criteria in paragraphs (c)(1) and (c)(2) of this section.


(1) You commenced the construction of the source after September 17, 2007 by installing new paint stripping or surface coating equipment. If you purchase and install spray booths, enclosed spray gun cleaners, paint stripping equipment to reduce MeCl emissions, or purchase new spray guns to comply with this subpart at an existing source, these actions would not make your existing source a new source.


(2) The new paint stripping or surface coating equipment is used at a source that was not actively engaged in paint stripping and/or miscellaneous surface coating prior to September 17, 2007.


(d) An affected source is reconstructed if it meets the definition of reconstruction in § 63.2.


(e) An affected source is an existing source if it is not a new source or a reconstructed source.


General Compliance Requirements

§ 63.11172 When do I have to comply with this subpart?

The date by which you must comply with this subpart is called the compliance date. The compliance date for each type of affected source is specified in paragraphs (a) and (b) of this section.


(a) For a new or reconstructed affected source, the compliance date is the applicable date in paragraph (a)(1) or (2) of this section:


(1) If the initial startup of your new or reconstructed affected source is after September 17, 2007, the compliance date is January 9, 2008.


(2) If the initial startup of your new or reconstructed affected source occurs after January 9, 2008, the compliance date is the date of initial startup of your affected source.


(b) For an existing affected source, the compliance date is January 10, 2011.


§ 63.11173 What are my general requirements for complying with this subpart?

(a) Each paint stripping operation that is an affected area source must implement management practices to minimize the evaporative emissions of MeCl. The management practices must address, at a minimum, the practices in paragraphs (a)(1) through (5) of this section, as applicable, for your operations.


(1) Evaluate each application to ensure there is a need for paint stripping (e.g., evaluate whether it is possible to re-coat the piece without removing the existing coating).


(2) Evaluate each application where a paint stripper containing MeCl is used to ensure that there is no alternative paint stripping technology that can be used.


(3) Reduce exposure of all paint strippers containing MeCl to the air.


(4) Optimize application conditions when using paint strippers containing MeCl to reduce MeCl evaporation (e.g., if the stripper must be heated, make sure that the temperature is kept as low as possible to reduce evaporation).


(5) Practice proper storage and disposal of paint strippers containing MeCl (e.g., store stripper in closed, air-tight containers).


(b) Each paint stripping operation that has annual usage of more than one ton of MeCl must develop and implement a written MeCl minimization plan to minimize the use and emissions of MeCl. The MeCl minimization plan must address, at a minimum, the management practices specified in paragraphs (a)(1) through (5) of this section, as applicable, for your operations. Each operation must post a placard or sign outlining the MeCl minimization plan in each area where paint stripping operations subject to this subpart occur. Paint stripping operations with annual usage of less than one ton of MeCl, must comply with the requirements in paragraphs (a)(1) through (5) of this section, as applicable, but are not required to develop and implement a written MeCl minimization plan.


(c) Each paint stripping operation must maintain copies of annual usage of paint strippers containing MeCl on site at all times.


(d) Each paint stripping operation with annual usage of more than one ton of MeCl must maintain a copy of their current MeCl minimization plan on site at all times.


(e) Each motor vehicle and mobile equipment surface coating operation and each miscellaneous surface coating operation must meet the requirements in paragraphs (e)(1) through (e)(5) of this section.


(1) All painters must be certified that they have completed training in the proper spray application of surface coatings and the proper setup and maintenance of spray equipment. The minimum requirements for training and certification are described in paragraph (f) of this section. The spray application of surface coatings is prohibited by persons who are not certified as having completed the training described in paragraph (f) of this section. The requirements of this paragraph do not apply to the students of an accredited surface coating training program who are under the direct supervision of an instructor who meets the requirements of this paragraph.


(2) All spray-applied coatings must be applied in a spray booth, preparation station, or mobile enclosure that meets the requirements of paragraph (e)(2)(i) of this section and either paragraph (e)(2)(ii), (e)(2)(iii), or (e)(2)(iv) of this section.


(i) All spray booths, preparation stations, and mobile enclosures must be fitted with a type of filter technology that is demonstrated to achieve at least 98 percent capture of paint overspray. The procedure used to demonstrate filter efficiency must be consistent with the ANSI/ASHRAE Standard 52.2-2017 (incorporated by reference, see § 63.14). The filter efficiency shall be based on the difference between the quantity of dust injected and the quantity captured on the final filter with no test device in place. The filter will be challenged with 100 grams of loading dust and the final filter weight will be to the nearest 0.1 gram. EPA Method 319 of Appendix A to 40 CFR part 63 may be used as an alternative to ANSI/ASHRAE Standard 52.2-2017. Owners and operators may use published filter efficiency data provided by filter vendors to demonstrate compliance with this requirement and are not required to perform this measurement. The requirements of this paragraph do not apply to water wash spray booths that are operated and maintained according to the manufacturer’s specifications.


(ii) Spray booths and preparation stations used to refinish complete motor vehicles or mobile equipment must be fully enclosed with a full roof, and four complete walls or complete side curtains, and must be ventilated at negative pressure so that air is drawn into any openings in the booth walls or preparation station curtains. However, if a spray booth is fully enclosed and has seals on all doors and other openings and has an automatic pressure balancing system, it may be operated at up to, but not more than, 0.05 inches water gauge positive pressure.


(iii) Spray booths and preparation stations that are used to coat miscellaneous parts and products or vehicle subassemblies must have a full roof, at least three complete walls or complete side curtains, and must be ventilated so that air is drawn into the booth. The walls and roof of a booth may have openings, if needed, to allow for conveyors and parts to pass through the booth during the coating process.


(iv) Mobile ventilated enclosures that are used to perform spot repairs must enclose and, if necessary, seal against the surface around the area being coated such that paint overspray is retained within the enclosure and directed to a filter to capture paint overspray.


(3) All spray-applied coatings must be applied with a high volume, low pressure (HVLP) spray gun, electrostatic application, airless spray gun, air-assisted airless spray gun, or an equivalent technology that is demonstrated by the spray gun manufacturer to achieve transfer efficiency comparable to one of the spray gun technologies listed above for a comparable operation, and for which written approval has been obtained from the Administrator. The procedure used to demonstrate that spray gun transfer efficiency is equivalent to that of an HVLP spray gun must be equivalent to the California South Coast Air Quality Management District’s “Spray Equipment Transfer Efficiency Test Procedure for Equipment User, May 24, 1989” and “Guidelines for Demonstrating Equivalency with District Approved Transfer Efficient Spray Guns, September 26, 2002” (incorporated by reference, see § 63.14 of subpart A of this part). The requirements of this paragraph do not apply to painting performed by students and instructors at paint training centers. The requirements of this paragraph do not apply to the surface coating of aerospace vehicles that involves the coating of components that normally require the use of an airbrush or an extension on the spray gun to properly reach limited access spaces; to the application of coatings on aerospace vehicles that contain fillers that adversely affect atomization with HVLP spray guns; or to the application of coatings on aerospace vehicles that normally have a dried film thickness of less than 0.0013 centimeter (0.0005 in.).


(4) All paint spray gun cleaning must be done so that an atomized mist or spray of gun cleaning solvent and paint residue is not created outside of a container that collects used gun cleaning solvent. Spray gun cleaning may be done with, for example, hand cleaning of parts of the disassembled gun in a container of solvent, by flushing solvent through the gun without atomizing the solvent and paint residue, or by using a fully enclosed spray gun washer. A combination of non-atomizing methods may also be used.


(5) As provided in § 63.6(g), we, the U.S. Environmental Protection Agency, may choose to grant you permission to use an alternative to the emission standards in this section after you have requested approval to do so according to § 63.6(g)(2).


(f) Each owner or operator of an affected miscellaneous surface coating source must ensure and certify that all new and existing personnel, including contract personnel, who spray apply surface coatings, as defined in § 63.11180, are trained in the proper application of surface coatings as required by paragraph (e)(1) of this section. The training program must include, at a minimum, the items listed in paragraphs (f)(1) through (f)(3) of this section.


(1) A list of all current personnel by name and job description who are required to be trained;


(2) Hands-on and classroom instruction that addresses, at a minimum, initial and refresher training in the topics listed in paragraphs (f)(2)(i) through (2)(iv) of this section.


(i) Spray gun equipment selection, set up, and operation, including measuring coating viscosity, selecting the proper fluid tip or nozzle, and achieving the proper spray pattern, air pressure and volume, and fluid delivery rate.


(ii) Spray technique for different types of coatings to improve transfer efficiency and minimize coating usage and overspray, including maintaining the correct spray gun distance and angle to the part, using proper banding and overlap, and reducing lead and lag spraying at the beginning and end of each stroke.


(iii) Routine spray booth and filter maintenance, including filter selection and installation.


(iv) Environmental compliance with the requirements of this subpart.


(3) A description of the methods to be used at the completion of initial or refresher training to demonstrate, document, and provide certification of successful completion of the required training. Owners and operators who can show by documentation or certification that a painter’s work experience and/or training has resulted in training equivalent to the training required in paragraph (f)(2) of this section are not required to provide the initial training required by that paragraph to these painters.


(g) As required by paragraph (e)(1) of this section, all new and existing personnel at an affected motor vehicle and mobile equipment or miscellaneous surface coating source, including contract personnel, who spray apply surface coatings, as defined in § 63.11180, must be trained by the dates specified in paragraphs (g)(1) and (2) of this section. Employees who transfer within a company to a position as a painter are subject to the same requirements as a new hire.


(1) If your source is a new source, all personnel must be trained and certified no later than 180 days after hiring or no later than July 7, 2008, whichever is later. Painter training that was completed within five years prior to the date training is required, and that meets the requirements specified in paragraph (f)(2) of this section satisfies this requirement and is valid for a period not to exceed five years after the date the training is completed.


(2) If your source is an existing source, all personnel must be trained and certified no later than 180 days after hiring or no later than January 10, 2011, whichever is later. Painter training that was completed within five years prior to the date training is required, and that meets the requirements specified in paragraph (f)(2) of this section satisfies this requirement and is valid for a period not to exceed five years after the date the training is completed.


(3) Training and certification will be valid for a period not to exceed five years after the date the training is completed, and all personnel must receive refresher training that meets the requirements of this section and be re-certified every five years.


(h) You must be in compliance with the requirements in this subpart at all times. 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.


[73 FR 1760, Jan. 9, 2008; 73 FR 8408, Feb. 13, 2008, as amended at 87 FR 67804, Nov. 10, 2022]


§ 63.11174 What parts of the General Provisions apply to me?

(a) Table 1 of this subpart shows which parts of the General Provisions in subpart A apply to you.


(b) If you are an owner or operator of an area source subject to this subpart, you are exempt from 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 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 applicable to area sources.


Notifications, Reports, and Records

§ 63.11175 What notifications must I submit?

(a) Initial notification. If you are the owner or operator of a paint stripping operation using paint strippers containing MeCl and/or a surface coating operation subject to this subpart, you must submit the initial notification required by § 63.9(b). For a new affected source, you must submit the Initial Notification no later than 180 days after initial startup, or no later than 120 days after the source becomes subject to this subpart, or July 7, 2008, whichever is later. For an existing affected source, you must submit the initial notification no later than January 11, 2010, or no later than 120 days after the source becomes subject to this subpart. The initial notification must provide the information specified in paragraphs (a)(1) through (8) of this section.


(1) The company name, if applicable.


(2) The name, title, street address, telephone number, e-mail address (if available), and signature of the owner and operator, or other certifying company official;


(3) The street address (physical location) of the affected source and the street address where compliance records are maintained, if different. If the source is a motor vehicle or mobile equipment surface coating operation that repairs vehicles at the customer’s location, rather than at a fixed location, such as a collision repair shop, the notification should state this and indicate the physical location where records are kept to demonstrate compliance;


(4) An identification of the relevant standard (i.e., this subpart, 40 CFR part 63, subpart HHHHHH);


(5) A brief description of the type of operation as specified in paragraph (a)(5)(i) or (ii) of this section.


(i) For all surface coating operations, indicate whether the source is a motor vehicle and mobile equipment surface coating operation or a miscellaneous surface coating operation, and include the number of spray booths and preparation stations, and the number of painters usually employed at the operation.


(ii) For paint stripping operations, identify the method(s) of paint stripping employed (e.g., chemical, mechanical) and the substrates stripped (e.g., wood, plastic, metal).


(6) Each paint stripping operation must indicate whether they plan to annually use more than one ton of MeCl after the compliance date.


(7) A statement of whether the source is already in compliance with each of the relevant requirements of this subpart, or whether the source will be brought into compliance by the compliance date. For paint stripping operations, the relevant requirements that you must evaluate in making this determination are specified in § 63.11173(a) through (d) of this subpart. For surface coating operations, the relevant requirements are specified in § 63.11173(e) through (g) of this subpart.


(8) If your source is a new source, you must certify in the initial notification whether the source is in compliance with each of the requirements of this subpart. If your source is an existing source, you may certify in the initial notification that the source is already in compliance. If you are certifying in the initial notification that the source is in compliance with the relevant requirements of this subpart, then include also a statement by a responsible official with that official’s name, title, phone number, e-mail address (if available) and signature, certifying the truth, accuracy, and completeness of the notification, a statement that the source has complied with all the relevant standards of this subpart, and that this initial notification also serves as the notification of compliance status.


(b) Notification of compliance status. If you are the owner or operator of a new source, you are not required to submit a separate notification of compliance status in addition to the initial notification specified in paragraph (a) of this subpart provided you were able to certify compliance on the date of the initial notification, as part of the initial notification, and your compliance status has not since changed. If you are the owner or operator of any existing source and did not certify in the initial notification that your source is already in compliance as specified in paragraph (a) of this section, then you must submit a notification of compliance status. You must submit a Notification of Compliance Status on or before March 11, 2011. You are required to submit the information specified in paragraphs (b)(1) through (4) of this section with your Notification of Compliance Status:


(1) Your company’s name and the street address (physical location) of the affected source and the street address where compliance records are maintained, if different.


(2) The name, title, address, telephone, e-mail address (if available) and signature of the owner and operator, or other certifying company official, certifying the truth, accuracy, and completeness of the notification and a statement of whether the source has complied with all the relevant standards and other requirements of this subpart or an explanation of any noncompliance and a description of corrective actions being taken to achieve compliance. For paint stripping operations, the relevant requirements that you must evaluate in making this determination are specified in § 63.11173(a) through (d). For surface coating operations, the relevant requirements are specified in § 63.11173(e) through (g).


(3) The date of the Notification of Compliance Status.


(4) If you are the owner or operator of an existing affected paint stripping source that annually uses more than one ton of MeCl, you must submit a statement certifying that you have developed and are implementing a written MeCl minimization plan in accordance with § 63.11173(b).


(c) On and after May 9, 2023, the owner or operator shall submit the initial notifications required in § 63.9(b) and paragraph (a) of this section and the notification of compliance status required in § 63.9(h) and paragraph (b) of this section 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)). The owner or operator must upload to CEDRI an electronic copy of each applicable notification in portable document format (PDF). The applicable notification must be submitted by the deadline specified in this subpart, regardless of the method in which the reports are submitted. Owners or operators who claim that some of the information required to be submitted via CEDRI is confidential business information (CBI) shall submit a complete notification, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage medium to the EPA. The electronic medium shall be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Paint Stripping and Miscellaneous Surface Coating Operations Sector Lead, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted shall be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph.


[73 FR 1759, Jan. 9, 2008, as amended at 85 FR 73920, Nov. 19, 2020; 87 FR 67804, Nov. 10, 2022]


§ 63.11176 What reports must I submit?

(a) Annual notification of changes report. If you are the owner or operator of a paint stripping, motor vehicle or mobile equipment, or miscellaneous surface coating affected source, you are required to submit a report in each calendar year in which information previously submitted in either the initial notification required by § 63.11175(a), Notification of Compliance, or a previous annual notification of changes report submitted under this paragraph, has changed. Deviations from the relevant requirements in § 63.11173(a) through (d) or § 63.11173(e) through (g) on the date of the report will be deemed to be a change. This includes notification when paint stripping affected sources that have not developed and implemented a written MeCl minimization plan in accordance with § 63.11173(b) used more than one ton of MeCl in the previous calendar year. The annual notification of changes report must be submitted prior to March 1 of each calendar year when reportable changes have occurred and must include the information specified in paragraphs (a)(1) through (2) of this section.


(1) Your company’s name and the street address (physical location) of the affected source and the street address where compliance records are maintained, if different.


(2) The name, title, address, telephone, e-mail address (if available) and signature of the owner and operator, or other certifying company official, certifying the truth, accuracy, and completeness of the notification and a statement of whether the source has complied with all the relevant standards and other requirements of this subpart or an explanation of any noncompliance and a description of corrective actions being taken to achieve compliance.


(b) If you are the owner or operator of a paint stripping affected source that has not developed and implemented a written MeCl minimization plan in accordance with § 63.11173(b) of this subpart, you must submit a report for any calendar year in which you use more than one ton of MeCl. This report must be submitted no later than March 1 of the following calendar year. You must also develop and implement a written MeCl minimization plan in accordance with § 63.11173(b) no later than December 31. You must then submit a Notification of Compliance Status report containing the information specified in § 63.11175(b) by March 1 of the following year and comply with the requirements for paint stripping operations that annually use more than one ton of MeCl in §§ 63.11173(d) and 63.11177(f).


(c) On and after May 9, 2023, the owner or operator shall submit the Annual Notification of Changes Report required in paragraph (a) of this section and the MeCl report required in paragraph (b) of this section to the EPA via CEDRI (CEDRI can be accessed through the EPA’s CDX (https://cdx.epa.gov)). The owner or operator must upload to CEDRI an electronic copy of each applicable report in PDF. The applicable report must be submitted by the deadline specified in this subpart, regardless of the method in which the reports are submitted. Owners or operators who claim that some of the information required to be submitted via CEDRI is CBI shall submit a complete report, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage medium to the EPA. The electronic medium shall be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Paint Stripping and Miscellaneous Surface Coating Operations Sector Lead, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted shall be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph.


(d) If you are required to electronically submit a report through the CEDRI in the EPA’s CDX, and due to a planned or actual outage of either the EPA’s CEDRI or CDX systems within the period of time beginning 5 business days prior to the date that the submission is due, you will be or are precluded from accessing CEDRI or CDX and submitting a required report within the time prescribed, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. 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 caused a delay in reporting. You must provide to the Administrator a written description identifying the date, time and length of the outage; provide to the Administrator a rationale for attributing the delay in reporting beyond the regulatory deadline to the EPA system outage; describe the measures taken or to be taken to minimize the delay in reporting; and identify a 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. In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. 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.


(e) If you are required to electronically submit a report through CEDRI in the EPA’s CDX and 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 5 business days prior to the date the submission is due, the owner or operator may assert a claim of force majeure for failure to timely comply with the reporting requirement. 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). If you intend to assert a claim of force majeure, 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 caused a delay in reporting. You must provide to the Administrator a written description of the force majeure event and a rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; describe the measures taken or to be taken to minimize the delay in reporting; and identify a 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. In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. 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.


[73 FR 1759, Jan. 9, 2008, as amended at 87 FR 67805, Nov. 10, 2022]


§ 63.11177 What records must I keep?

If you are the owner or operator of a surface coating operation, you must keep the records specified in paragraphs (a) through (d) and (g) of this section. If you are the owner or operator of a paint stripping operation, you must keep the records specified in paragraphs (e) through (g) of this section, as applicable.


(a) Certification that each painter has completed the training specified in § 63.11173(f) with the date the initial training and the most recent refresher training was completed.


(b) Documentation of the filter efficiency of any spray booth exhaust filter material, according to the procedure in § 63.11173(e)(3)(i).


(c) Documentation from the spray gun manufacturer that each spray gun with a cup capacity equal to or greater than 3.0 fluid ounces (89 cc) that does not meet the definition of an HVLP spray gun, electrostatic application, airless spray gun, or air assisted airless spray gun, has been determined by the Administrator to achieve a transfer efficiency equivalent to that of an HVLP spray gun, according to the procedure in § 63.11173(e)(4).


(d) Copies of any notification submitted as required by § 63.11175 and copies of any report submitted as required by § 63.11176.


(e) Records of paint strippers containing MeCl used for paint stripping operations, including the MeCl content of the paint stripper used. Documentation needs to be sufficient to verify annual usage of paint strippers containing MeCl (e.g., material safety data sheets or other documentation provided by the manufacturer or supplier of the paint stripper, purchase receipts, records of paint stripper usage, engineering calculations).


(f) If you are a paint stripping source that annually uses more than one ton of MeCl you are required to maintain a record of your current MeCl minimization plan on site for the duration of your paint stripping operations. You must also keep records of your annual review of, and updates to, your MeCl minimization plan.


(g) Records of any deviation from the requirements in § 63.11173, § 63.11174, § 63.11175, or § 63.11176. These records must include the date and time period of the deviation, and a description of the nature of the deviation and the actions taken to correct the deviation.


(h) Records of any assessments of source compliance performed in support of the initial notification, notification of compliance status, or annual notification of changes report.


§ 63.11178 In what form and for how long must I keep my records?

(a) If you are the owner or operator of an affected source, you must maintain copies of the records specified in § 63.11177 for a period of at least five years after the date of each record. Copies of records must be kept on site and in a printed or electronic form that is readily accessible for inspection for at least the first two years after their date, and may be kept off-site after that two year period.


Other Requirements and Information

§ 63.11179 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 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 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 and are not transferred to the State, local, or tribal agency.


(c) The authority in § 63.11173(e)(5) will not be delegated to State, local, or tribal agencies.


§ 63.11180 What definitions do I need to know?

Terms used in this subpart are defined in the Clean Air Act, in 40 CFR 63.2, and in this section as follows:


Additive means a material that is added to a coating after purchase from a supplier (e.g., catalysts, activators, accelerators).


Administrator means, for the purposes of this rulemaking, the Administrator of the U.S. Environmental Protection Agency or the State or local agency that is granted delegation for implementation of this subpart.


Aerospace vehicle or component means any fabricated part, processed part, assembly of parts, or completed unit, with the exception of electronic components, of any aircraft including but not limited to airplanes, helicopters, missiles, rockets, and space vehicles.


Airless and air-assisted airless spray mean any paint spray technology that relies solely on the fluid pressure of the paint to create an atomized paint spray pattern and does not apply any atomizing compressed air to the paint before it leaves the paint nozzle. Air-assisted airless spray uses compressed air to shape and distribute the fan of atomized paint, but still uses fluid pressure to create the atomized paint.


Appurtenance means any accessory to a stationary structure coated at the site of installation, whether installed or detached, including but not limited to: bathroom and kitchen fixtures; cabinets; concrete forms; doors; elevators; fences; hand railings; heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tools; lamp posts; partitions; pipes and piping systems; rain gutters and downspouts; stairways, fixed ladders, catwalks, and fire escapes; and window screens.


Architectural coating means a coating to be applied to stationary structures or their appurtenances at the site of installation, to portable buildings at the site of installation, to pavements, or to curbs.


Cleaning material means a solvent used to remove contaminants and other materials, such as dirt, grease, or oil, from a substrate before or after coating application or from equipment associated with a coating operation, such as spray booths, spray guns, racks, tanks, and hangers. Thus, it includes any cleaning material used on substrates or equipment or both.


Coating means, for the purposes of this subpart, a material spray-applied to a substrate for decorative, protective, or functional purposes. For the purposes of this subpart, coating does not include the following materials:


(1) Decorative, protective, or functional materials that consist only of protective oils for metal, acids, bases, or any combination of these substances.


(2) Paper film or plastic film that may be pre-coated with an adhesive by the film manufacturer.


(3) Adhesives, sealants, maskants, or caulking materials.


(4) Temporary protective coatings, lubricants, or surface preparation materials.


(5) In-mold coatings that are spray-applied in the manufacture of reinforced plastic composite parts.


Compliance date means the date by which you must comply with this subpart.


Deviation means any instance in which an affected source, subject to this subpart, or an owner or operator of such a source fails to meet any requirement or obligation established by this subpart.


Dry media blasting means abrasive blasting using dry media. Dry media blasting relies on impact and abrasion to remove paint from a substrate. Typically, a compressed air stream is used to propel the media against the coated surface.


Electrostatic application means any method of coating application where an electrostatic attraction is created between the part to be coated and the atomized paint particles.


Equipment cleaning means the use of an organic solvent to remove coating residue from the surfaces of paint spray guns and other painting related equipment, including, but not limited to stir sticks, paint cups, brushes, and spray booths.


Facility maintenance means, for the purposes of this subpart, surface coating performed as part of the routine repair or renovation of the tools, equipment, machinery, and structures that comprise the infrastructure of the affected facility and that are necessary for the facility to function in its intended capacity. Facility maintenance also includes surface coating associated with the installation of new equipment or structures, and the application of any surface coating as part of janitorial activities. Facility maintenance includes the application of coatings to stationary structures or their appurtenances at the site of installation, to portable buildings at the site of installation, to pavements, or to curbs. Facility maintenance also includes the refinishing of mobile equipment in the field or at the site where they are used in service and at which they are intended to remain indefinitely after refinishing. Such mobile equipment includes, but is not limited to, farm equipment and mining equipment for which it is not practical or feasible to move to a dedicated mobile equipment refinishing facility. Such mobile equipment also includes items, such as fork trucks, that are used in a manufacturing facility and which are refinished in that same facility. Facility maintenance does not include surface coating of motor vehicles, mobile equipment, or items that routinely leave and return to the facility, such as delivery trucks, rental equipment, or containers used to transport, deliver, distribute, or dispense commercial products to customers, such as compressed gas canisters.


High-volume, low-pressure (HVLP) spray equipment means spray equipment that is permanently labeled as such and used to apply any coating by means of a spray gun which is designed and operated between 0.1 and 10 pounds per square inch gauge (psig) air atomizing pressure measured dynamically at the center of the air cap and at the air horns.


Initial startup means the first time equipment is brought online in a paint stripping or surface coating operation, and paint stripping or surface coating is first performed.


Materials that contain HAP or HAP-containing materials mean, for the purposes of this subpart, materials that contain any individual target HAP that is a carcinogen at a concentration greater than 0.1 percent by mass, or greater than 1.0 percent by mass for any other individual target HAP.


Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense (DoD) or for the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the National Nuclear Security Administration (NNSA), U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DoD components, including bulk explosives and chemical warfare agents, chemical munitions, biological weapons, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, nonnuclear components of nuclear weapons, wholly inert ammunition products, and all devices and components of any items listed in this definition.


Miscellaneous parts and/or products means any part or product made of metal or plastic, or combinations of metal and plastic. Miscellaneous parts and/or products include, but are not limited to, metal and plastic components of the following types of products as well as the products themselves: motor vehicle parts and accessories for automobiles, trucks, recreational vehicles; automobiles and light duty trucks at automobile and light duty truck assembly plants; boats; sporting and recreational goods; toys; business machines; laboratory and medical equipment; and household and other consumer products.


Miscellaneous surface coating operation means the collection of equipment used to apply surface coating to miscellaneous parts and/or products made of metal or plastic, including applying cleaning solvents to prepare the surface before coating application, mixing coatings before application, applying coating to a surface, drying or curing the coating after application, and cleaning coating application equipment, but not plating. A single surface coating operation may include any combination of these types of equipment, but always includes at least the point at which a coating material is applied to a given part. A surface coating operation includes all other steps (such as surface preparation with solvent and equipment cleaning) in the affected source where HAP are emitted from the coating of a part. The use of solvent to clean parts (for example, to remove grease during a mechanical repair) does not constitute a miscellaneous surface coating operation if no coatings are applied. A single affected source may have multiple surface coating operations. Surface coatings applied to wood, leather, rubber, ceramics, stone, masonry, or substrates other than metal and plastic are not considered miscellaneous surface coating operations for the purposes of this subpart.


Mobile equipment means any device that may be drawn and/or driven on a roadway including, but not limited to, heavy-duty trucks, truck trailers, fleet delivery trucks, buses, mobile cranes, bulldozers, street cleaners, agriculture equipment, motor homes, and other recreational vehicles (including camping trailers and fifth wheels).


Motor vehicle means any self-propelled vehicle, including, but not limited to, automobiles, light duty trucks, golf carts, vans, and motorcycles.


Motor vehicle and mobile equipment surface coating means the spray application of coatings to assembled motor vehicles or mobile equipment. For the purposes of this subpart, it does not include the surface coating of motor vehicle or mobile equipment parts or subassemblies at a vehicle assembly plant or parts manufacturing plant.


Paint stripping and/or miscellaneous surface coating source or facility means any shop, business, location, or parcel of land where paint stripping or miscellaneous surface coating operations are conducted.


Paint stripping means the removal of dried coatings from wood, metal, plastic, and other substrates. A single affected source may have multiple paint stripping operations.


Painter means any person who spray applies coating.


Plastic refers to substrates containing one or more resins and may be solid, porous, flexible, or rigid. Plastics include fiber reinforced plastic composites.


Protective oil means organic material that is applied to metal for the purpose of providing lubrication or protection from corrosion without forming a solid film. This definition of protective oil includes, but is not limited to, lubricating oils, evaporative oils (including those that evaporate completely), and extrusion oils.


Quality control activities means surface coating or paint stripping activities that meet all of the following criteria:


(1) The activities associated with a surface coating or paint stripping operation are intended to detect and correct defects in the final product by selecting a limited number of samples from the operation, and comparing the samples against specific performance criteria.


(2) The activities do not include the production of an intermediate or final product for sale or exchange for commercial profit; for example, parts that are surface coated or stripped are not sold and do not leave the facility.


(3) The activities are not a normal part of the surface coating or paint stripping operation; for example, they do not include color matching activities performed during a motor vehicle collision repair.


(4) The activities do not involve surface coating or stripping of the tools, equipment, machinery, and structures that comprise the infrastructure of the affected facility and that are necessary for the facility to function in its intended capacity; that is, the activities are not facility maintenance.


Research and laboratory activities means surface coating or paint stripping activities that meet one of the following criteria:


(1) Conducted at a laboratory to analyze air, soil, water, waste, or product samples for contaminants, or environmental impact.


(2) Activities conducted to test more efficient production processes, including alternative paint stripping or surface coating materials or application methods, or methods for preventing or reducing adverse environmental impacts, provided that the activities do not include the production of an intermediate or final product for sale or exchange for commercial profit.


(3) Activities conducted at a research or laboratory facility that is operated under the close supervision of technically trained personnel, the primary purpose of which is to conduct research and development into new processes and products and that is not engaged in the manufacture of products for sale or exchange for commercial profit.


Solvent means a fluid containing organic compounds used to perform paint stripping, surface prep, or cleaning of surface coating equipment.


Space Vehicle means vehicles designed to travel beyond the limit of the earth’s atmosphere, including but not limited to satellites, space stations, and the Space Shuttle System (including orbiter, external tanks, and solid rocket boosters).


Spray-applied coating operations means coatings that are applied using a hand-held device that creates an atomized mist of coating and deposits the coating on a substrate. For the purposes of this subpart, spray-applied coatings do not include the following materials or activities:


(1) Coatings applied from a hand-held device with a paint cup capacity that is equal to or less than 3.0 fluid ounces (89 cubic centimeters) for devices that do not use a paint cup liner, or with a paint cup liner capacity that is equal to or less than 3.0 fluid ounces (89 cubic centimeters) for devices that use a paint cup liner. Repeatedly refilling and reusing a 3.0 fluid ounce cup or cup liner or using multiple 3.0 fluid ounce cup liners to complete a single spray applied coating operation as a means of avoiding rule applicability will be considered an attempt to circumvent the requirements of this subpart.


(2) Surface coating application using powder coating, hand-held, non-refillable aerosol containers, or non-atomizing application technology, including, but not limited to, paint brushes, rollers, hand wiping, flow coating, dip coating, electrodeposition coating, web coating, coil coating, touch-up markers, or marking pens.


(3) Thermal spray operations (also known as metallizing, flame spray, plasma arc spray, and electric arc spray, among other names) in which solid metallic or non-metallic material is heated to a molten or semi-molten state and propelled to the work piece or substrate by compressed air or other gas, where a bond is produced upon impact.


Surface preparation or Surface prep means use of a cleaning material on a portion of or all of a substrate prior to the application of a coating.


Target HAP are compounds of chromium (Cr), lead (Pb), manganese (Mn), nickel (Ni), or cadmium (Cd).


Target HAP containing coating means a spray-applied coating that contains any individual target HAP that is a carcinogen at a concentration greater than 0.1 percent by mass, or greater than 1.0 percent by mass for any other individual target HAP compound. For the target HAP, this corresponds to coatings that contain cadmium, chromium, lead, or nickel in amounts greater than or equal to 0.1 percent by mass (of the metal), and materials that contain manganese in amounts greater than or equal to 1.0 percent by mass (of the metal). For the purpose of determining whether materials you use contain the target HAP compounds, you may rely on formulation data provided by the manufacturer or supplier, such as the material safety data sheet (MSDS), as long as it represents each target HAP compound in the material that is present at 0.1 percent by mass or more for carcinogens and at 1.0 percent by mass or more for other target HAP compounds. The target HAP content of coatings is based on the HAP content of the coating as applied, not on the HAP content of the coating components as purchased from the coating supplier. However, coatings that do not contain the target HAP based on the HAP content as purchased will also meet the definition based on the HAP content as applied.


Transfer efficiency means the amount of coating solids adhering to the object being coated divided by the total amount of coating solids sprayed, expressed as a percentage. Coating solids means the nonvolatile portion of the coating that makes up the dry film.


Truck bed liner coating means any coating, excluding color coats, labeled and formulated for application to a truck bed to protect it from surface abrasion.


[73 FR 1759, Jan. 9, 2008, as amended at 87 FR 67805, Nov. 10, 2022]


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

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

to Subpart HHHHHH of Part 63

Citation
Subject
Applicable to subpart HHHHHH
Explanation
§ 63.1(a)(1)-(12)General ApplicabilityYes
§ 63.1(b)(1)-(3)Initial Applicability DeterminationYesApplicability of subpart HHHHHH is also specified in § 63.11170.
§ 63.1(c)(1)Applicability After Standard EstablishedYes
§ 63.1(c)(2)Applicability of Permit Program for Area SourcesYes§ 63.11174(b) of subpart HHHHHH exempts area sources from the obligation to obtain Title V operating permits.
§ 63.1(c)(5)NotificationsYes
§ 63.1(e)Applicability of Permit Program to Major Sources Before Relevant Standard is SetNo§ 63.11174(b) of subpart HHHHHH exempts area sources from the obligation to obtain Title V operating permits.
§ 63.2DefinitionsYesAdditional definitions are specified in § 63.11180.
§ 63.3(a)-(c)Units and AbbreviationsYes
§ 63.4(a)(1)-(5)Prohibited ActivitiesYes
§ 63.4(b)-(c)Circumvention/FragmentationYes
§ 63.5Construction/Reconstruction of major sourcesNoSubpart HHHHHH applies only to area sources.
§ 63.6(a)Compliance With Standards and Maintenance Requirements – ApplicabilityYes
§ 63.6(b)(1)-(7)Compliance Dates for New and Reconstructed SourcesYes§ 63.11172 specifies the compliance dates.
§ 63.6(c)(1)-(5)Compliance Dates for Existing SourcesYes§ 63.11172 specifies the compliance dates.
§ 63.6(e)(1)-(2)Operation and Maintenance RequirementsNoSee § 63.11173(h) for general duty requirement.
§ 63.6(e)(3)Startup, Shutdown, and Malfunction PlanNoNo startup, shutdown, and malfunction plan is required by subpart HHHHHH.
§ 63.6(f)(1)Compliance with Nonopacity Emission Standards – ApplicabilityNo.
§ 63.6(f)(2)-(3)Methods for Determining ComplianceYes
§ 63.6(g)(1)-(3)Use of an Alternative StandardYes
§ 63.6(h)Compliance With Opacity/Visible Emission StandardsNoSubpart HHHHHH does not establish opacity or visible emission standards.
§ 63.6(i)(1)-(16)Extension of ComplianceYes
§ 63.6(j)Presidential Compliance ExemptionYes
§ 63.7Performance Testing RequirementsNoNo performance testing is required by subpart HHHHHH.
§ 63.8Monitoring RequirementsNoSubpart HHHHHH does not require the use of continuous monitoring systems.
§ 63.9(a)-(d)Notification RequirementsYes§ 63.11175 specifies notification requirements.
§ 63.9(e)Notification of Performance TestNoSubpart HHHHHH does not require performance tests.
§ 63.9(f)Notification of Visible Emissions/Opacity TestNoSubpart HHHHHH does not have opacity or visible emission standards.
§ 63.9(g)Additional Notifications When Using CMSNoSubpart HHHHHH does not require the use of continuous monitoring systems.
§ 63.9(h)Notification of Compliance StatusNo§ 63.11175 specifies the dates and required content for submitting the notification of compliance status.
§ 63.9(i)Adjustment of Submittal DeadlinesYes
§ 63.9(j)Change in Previous InformationYes§ 63.11176(a) specifies the dates for submitting the notification of changes report.
§ 63.9(k)Electronic reporting proceduresYesOnly as specified in § 63.9(j).
§ 63.10(a)Recordkeeping/Reporting – Applicability and General InformationYes
§ 63.10(b)(1)General Recordkeeping RequirementsYesAdditional requirements are specified in § 63.11177.
§ 63.10(b)(2)(i)-(xi)Recordkeeping Relevant to Startup, Shutdown, and Malfunction Periods and CMSNoSubpart HHHHHH does not require startup, shutdown, and malfunction plans, or CMS.
§ 63.10(b)(2)(xii)Waiver of recordkeeping requirementsYes
§ 63.10(b)(2)(xiii)Alternatives to the relative accuracy testNoSubpart HHHHHH does not require the use of CEMS.
§ 63.10(b)(2)(xiv)Records supporting notificationsYes
§ 63.10(b)(3)Recordkeeping Requirements for Applicability DeterminationsYes
§ 63.10(c)Additional Recordkeeping Requirements for Sources with CMSNoSubpart HHHHHH does not require the use of CMS.
§ 63.10(d)(1)General Reporting RequirementsYesAdditional requirements are specified in § 63.11176.
§ 63.10(d)(2)-(3)Report of Performance Test Results, and Opacity or Visible Emissions ObservationsNoSubpart HHHHHH does not require performance tests, or opacity or visible emissions observations.
§ 63.10(d)(4)Progress Reports for Sources With Compliance ExtensionsYes
§ 63.10(d)(5)Startup, Shutdown, and Malfunction ReportsNoSubpart HHHHHH does not require startup, shutdown, and malfunction reports.
§ 63.10(e)Additional Reporting requirements for Sources with CMSNoSubpart HHHHHH does not require the use of CMS.
§ 63.10(f)Recordkeeping/Reporting WaiverYes
§ 63.11Control Device Requirements/FlaresNoSubpart HHHHHH does not require the use of flares.
§ 63.12State Authority and DelegationsYes
§ 63.13Addresses of State Air Pollution Control Agencies and EPA Regional OfficesYes
§ 63.14Incorporation by ReferenceYesTest methods for measuring paint booth filter efficiency and spray gun transfer efficiency in § 63.11173(e)(2) and (3) are incorporated and included in § 63.14.
§ 63.15Availability of Information/ConfidentialityYes
§ 63.16(a)Performance Track Provisions – reduced reportingYes
§ 63.16(b)-(c)Performance Track Provisions – reduced reportingNoSubpart HHHHHH does not establish numerical emission limits.

[87 CFR 67806, Nov. 10, 2022]


Subpart IIIIII [Reserved]

Subpart JJJJJJ – National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources


Source:76 FR 15591, Mar. 21, 2011, unless otherwise noted.

What This Subpart Covers

§ 63.11193 Am I subject to this subpart?

You are subject to this subpart if you own or operate an industrial, commercial, or institutional boiler as defined in § 63.11237 that is located at, or is part of, an area source of hazardous air pollutants (HAP), as defined in § 63.2, except as specified in § 63.11195.


§ 63.11194 What is the affected source of this subpart?

(a) This subpart applies to each new, reconstructed, or existing affected source as defined in paragraphs (a)(1) and (2) of this section.


(1) The affected source of this subpart is the collection of all existing industrial, commercial, and institutional boilers within a subcategory, as listed in § 63.11200 and defined in § 63.11237, located at an area source.


(2) The affected source of this subpart is each new or reconstructed industrial, commercial, or institutional boiler within a subcategory, as listed in § 63.11200 and as defined in § 63.11237, located at an area source.


(b) An affected source is an existing source if you commenced construction or reconstruction of the affected source on or before June 4, 2010.


(c) An affected source is a new source if you commenced construction of the affected source after June 4, 2010, and the boiler meets the applicability criteria at the time you commence construction.


(d) An affected source is a reconstructed source if the boiler meets the reconstruction criteria as defined in § 63.2, you commenced reconstruction after June 4, 2010, and the boiler meets the applicability criteria at the time you commence reconstruction.


(e) An existing dual-fuel fired boiler meeting the definition of gas-fired boiler, as defined in § 63.11237, that meets the applicability requirements of this subpart after June 4, 2010 due to a fuel switch from gaseous fuel to solid fossil fuel, biomass, or liquid fuel is considered to be an existing source under this subpart as long as the boiler was designed to accommodate the alternate fuel.


(f) If you are an owner or operator of an area source subject to this subpart, you are exempt from the obligation to obtain a permit under 40 CFR part 70 or part 71 as a result of this subpart. You may, however, be required to obtain a title V permit due to another reason or reasons. See 40 CFR 70.3(a) and (b) or 71.3(a) and (b). Notwithstanding the exemption from title V permitting for area sources under this subpart, you must continue to comply with the provisions of this subpart.


[76 FR 15591, Mar. 21, 2011, as amended at 78 FR 7506, Feb. 1, 2013]


§ 63.11195 Are any boilers not subject to this subpart?

The types of boilers listed in paragraphs (a) through (k) of this section are not subject to this subpart and to any requirements in this subpart.


(a) Any boiler specifically listed as, or included in the definition of, an affected source in another standard(s) under this part.


(b) Any boiler specifically listed as an affected source in another standard(s) established under section 129 of the Clean Air Act.


(c) A boiler required to have a permit under section 3005 of the Solid Waste Disposal Act or covered by subpart EEE of this part (e.g., hazardous waste boilers).


(d) A boiler that is used specifically for research and development. This exemption does not include boilers that solely or primarily provide steam (or heat) to a process or for heating at a research and development facility. This exemption does not prohibit the use of the steam (or heat) generated from the boiler during research and development, however, the boiler must be concurrently and primarily engaged in research and development for the exemption to apply.


(e) A gas-fired boiler as defined in this subpart.


(f) A hot water heater as defined in this subpart.


(g) Any boiler 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 is provided by regulated gas streams that are subject to another standard.


(h) Temporary boilers as defined in this subpart.


(i) Residential boilers as defined in this subpart.


(j) Electric boilers as defined in this subpart.


(k) An electric utility steam generating unit (EGU) as defined in this subpart.


[76 FR 15591, Mar. 21, 2011, as amended at 78 FR 7506, Feb. 1, 2013; 81 FR 63125, Sept. 14, 2016]


§ 63.11196 What are my compliance dates?

(a) If you own or operate an existing affected boiler, you must achieve compliance with the applicable provisions in this subpart as specified in paragraphs (a)(1) through (3) of this section.


(1) If the existing affected boiler is subject to a work practice or management practice standard of a tune-up, you must achieve compliance with the work practice or management practice standard no later than March 21, 2014.


(2) If the existing affected boiler is subject to emission limits, you must achieve compliance with the emission limits no later than March 21, 2014.


(3) If the existing affected boiler is subject to the energy assessment requirement, you must achieve compliance with the energy assessment requirement no later than March 21, 2014.


(b) If you start up a new affected source on or before May 20, 2011, you must achieve compliance with the provisions of this subpart no later than May 20, 2011.


(c) If you start up a new affected source after May 20, 2011, you must achieve compliance with the provisions of this subpart upon startup of your affected source.


(d) If you own or operate an industrial, commercial, or institutional boiler and would be subject to this subpart except for the exemption in § 63.11195(b) for commercial and industrial solid waste incineration units covered by 40 CFR part 60, subpart CCCC or subpart DDDD, and you cease combusting solid waste, you must be in compliance with this subpart on the effective date of the waste to fuel switch as specified in § 60.2145(a)(2) and (3) of subpart CCCC or § 60.2710(a)(2) and (3) of subpart DDDD.


[76 FR 15591, Mar. 21, 2011, as amended at 78 FR 7506, Feb. 1, 2013]


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

§ 63.11200 What are the subcategories of boilers?

The subcategories of boilers, as defined in § 63.11237 are:


(a) Coal.


(b) Biomass.


(c) Oil.


(d) Seasonal boilers.


(e) Oil-fired boilers with heat input capacity of equal to or less than 5 million British thermal units (Btu) per hour.


(f) Boilers with an oxygen trim system that maintains an optimum air-to-fuel ratio that would otherwise be subject to a biennial tune-up.


(g) Limited-use boilers.


[78 FR 7506, Feb. 1, 2013]


§ 63.11201 What standards must I meet?

(a) You must comply with each emission limit specified in Table 1 to this subpart that applies to your boiler.


(b) You must comply with each work practice standard, emission reduction measure, and management practice specified in Table 2 to this subpart that applies to your boiler. An energy assessment completed on or after January 1, 2008 that meets or is amended to meet the energy assessment requirements in Table 2 to this subpart satisfies the energy assessment requirement. A facility that operates under an energy management program established through energy management systems compatible with ISO 50001, that includes the affected units, also satisfies the energy assessment requirement.


(c) You must comply with each operating limit specified in Table 3 to this subpart that applies to your boiler.


(d) These standards apply at all times the affected boiler is operating, except during periods of startup and shutdown as defined in § 63.11237, during which time you must comply only with Table 2 to this subpart.


[76 FR 15591, Mar. 21, 2011, as amended at 78 FR 7506, Feb. 1, 2013]


General Compliance Requirements

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

(a) 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 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) You must demonstrate compliance with all applicable emission limits using performance stack testing, fuel analysis, or a continuous monitoring system (CMS), including a continuous emission monitoring system (CEMS), a continuous opacity monitoring system (COMS), or a continuous parameter monitoring system (CPMS), where applicable. You may demonstrate compliance with the applicable mercury emission limit using fuel analysis if the emission rate calculated according to § 63.11211(c) is less than the applicable emission limit. Otherwise, you must demonstrate compliance using stack testing.


(c) If you demonstrate compliance with any applicable emission limit through performance stack testing and subsequent compliance with operating limits (including the use of CPMS), with a CEMS, or with a COMS, you must develop a site-specific monitoring plan according to the requirements in paragraphs (c)(1) through (3) 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 § 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 paragraphs (c)(1)(i) through (vi) 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 § 63.11224.


(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).


(iv) Ongoing operation and maintenance procedures in accordance with the general requirements of § 63.8(c)(1)(ii), (c)(3), and (c)(4)(ii);


(v) Ongoing data quality assurance procedures in accordance with the general requirements of § 63.8(d); and


(vi) Ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 63.10(c) (as applicable in Table 8 to this subpart), (e)(1), and (e)(2)(i).


(2) You must conduct a performance evaluation of each CMS in accordance with your site-specific monitoring plan.


(3) You must operate and maintain the CMS in continuous operation according to the site-specific monitoring plan.


[76 FR 15591, Mar. 21, 2011, as amended at 78 FR 7506, Feb. 1, 2013]


Initial Compliance Requirements

§ 63.11210 What are my initial compliance requirements and by what date must I conduct them?

(a) You must demonstrate initial compliance with each emission limit specified in Table 1 to this subpart that applies to you by either conducting performance (stack) tests, as applicable, according to § 63.11212 and Table 4 to this subpart or, for mercury, conducting fuel analyses, as applicable, according to § 63.11213 and Table 5 to this subpart.


(b) For existing affected boilers that have applicable emission limits, you must demonstrate initial compliance with the applicable emission limits no later than 180 days after the compliance date that is specified in § 63.11196 and according to the applicable provisions in § 63.7(a)(2), except as provided in paragraph (k) of this section.


(c) For existing affected boilers that have applicable work practice standards, management practices, or emission reduction measures, you must demonstrate initial compliance no later than the compliance date that is specified in § 63.11196 and according to the applicable provisions in § 63.7(a)(2), except as provided in paragraph (j) of this section.


(d) For new or reconstructed affected boilers that have applicable emission limits, you must demonstrate initial compliance with the applicable emission limits no later than 180 days after March 21, 2011 or within 180 days after startup of the source, whichever is later, according to § 63.7(a)(2)(ix).


(e) For new or reconstructed oil-fired boilers that commenced construction or reconstruction on or before September 14, 2016, that combust only oil that contains no more than 0.50 weight percent sulfur or a mixture of 0.50 weight percent sulfur oil with other fuels not subject to a particulate matter (PM) emission limit under this subpart and that do not use a post-combustion technology (except a wet scrubber) to reduce PM or sulfur dioxide emissions, you are not subject to the PM emission limit in Table 1 of this subpart until September 14, 2019, providing you monitor and record on a monthly basis the type of fuel combusted. If you intend to burn a new type of fuel or fuel mixture that does not meet the requirements of this paragraph, you must conduct a performance test within 60 days of burning the new fuel. On and after September 14, 2019, you are subject to the PM emission limit in Table 1 of this subpart and you must demonstrate compliance with the PM emission limit in Table 1 no later than March 12, 2020.


(f) For new or reconstructed boilers that combust only ultra-low-sulfur liquid fuel as defined in § 63.11237, you are not subject to the PM emission limit in Table 1 of this subpart providing you monitor and record on a monthly basis the type of fuel combusted. If you intend to burn a fuel other than ultra-low-sulfur liquid fuel or gaseous fuels as defined in § 63.11237, you must conduct a performance test within 60 days of burning the new fuel.


(g) For new or reconstructed affected boilers that have applicable work practice standards or management practices, you are not required to complete an initial performance tune-up, but you are required to complete the applicable biennial or 5-year tune-up as specified in § 63.11223 no later than 25 months or 61 months, respectively, after the initial startup of the new or reconstructed affected source.


(h) For affected boilers that ceased burning solid waste consistent with § 63.11196(d) and for which your initial compliance date has passed, you must demonstrate compliance within 60 days of the effective date of the waste-to-fuel switch as specified in § 60.2145(a)(2) and (3) of subpart CCCC or § 60.2710(a)(2) and (3) of subpart DDDD. 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 affected boilers that switch fuels or make a physical change to the boiler that results in the applicability of a different subcategory within subpart JJJJJJ or the boiler becoming subject to subpart JJJJJJ, you must demonstrate compliance within 180 days of the effective date of the fuel switch or the physical change. Notification of such changes must be submitted according to § 63.11225(g).


(j) For boilers located at existing major sources of HAP that limit their potential to emit (e.g., make a physical change or take a permit limit) such that the existing major source becomes an area source, you must comply with the applicable provisions as specified in paragraphs (j)(1) through (3) of this section.


(1) Any such existing boiler at the existing source must demonstrate compliance with subpart JJJJJJ within 180 days of the later of March 21, 2014 or upon the existing major source commencing operation as an area source.


(2) Any new or reconstructed boiler at the existing source must demonstrate compliance with subpart JJJJJJ within 180 days of the later of March 21, 2011 or startup.


(3) Notification of such changes must be submitted according to § 63.11225(g).


(k) For existing affected boilers that have not operated on solid fossil fuel, biomass, or liquid fuel between the effective date of the rule and the compliance date that is specified for your source in § 63.11196, you must comply with the applicable provisions as specified in paragraphs (k)(1) through (3) of this section.


(1) You must complete the initial compliance demonstration, if subject to the emission limits in Table 1 to this subpart, as specified in paragraphs (a) and (b) of this section, no later than 180 days after the re-start of the affected boiler on solid fossil fuel, biomass, or liquid fuel and according to the applicable provisions in § 63.7(a)(2).


(2) You must complete the initial performance tune-up, if subject to the tune-up requirements in § 63.11223, by following the procedures described in § 63.11223(b) no later than 30 days after the re-start of the affected boiler on solid fossil fuel, biomass, or liquid fuel.


(3) You must complete the one-time energy assessment, if subject to the energy assessment requirements specified in Table 2 to this subpart, no later than the compliance date specified in § 63.11196.


[76 FR 15591, Mar. 21, 2011, as amended at 78 FR 7507, Feb. 1, 2013; 81 FR 63125, Sept. 14, 2016]


§ 63.11211 How do I demonstrate initial compliance with the emission limits?

(a) For affected boilers that demonstrate compliance with any of the emission limits of this subpart through performance (stack) testing, your initial compliance requirements include conducting performance tests according to § 63.11212 and Table 4 to this subpart, conducting a fuel analysis for each type of fuel burned in your boiler according to § 63.11213 and Table 5 to this subpart, establishing operating limits according to § 63.11222, Table 6 to this subpart and paragraph (b) of this section, as applicable, and conducting CMS performance evaluations according to § 63.11224. For affected boilers that burn a single type of fuel, you are exempted from the compliance requirements of conducting a fuel analysis for each type of fuel burned in your boiler. For purposes of this subpart, boilers that use a supplemental fuel only for startup, unit shutdown, and transient flame stability purposes still qualify as affected boilers that burn a single type of fuel, and the supplemental fuel is not subject to the fuel analysis requirements under § 63.11213 and Table 5 to this subpart.


(b) You must establish parameter operating limits according to paragraphs (b)(1) through (4) of this section.


(1) For a wet scrubber, you must establish the minimum scrubber liquid flow rate and minimum scrubber pressure drop as defined in § 63.11237, as your operating limits during the three-run performance stack test. If you use a wet scrubber and you conduct separate performance stack tests for PM and mercury emissions, you must establish one set of minimum scrubber liquid flow rate and pressure drop operating limits. If you conduct multiple performance stack tests, you must set the minimum scrubber liquid flow rate and pressure drop operating limits at the highest minimum values established during the performance stack tests.


(2) For an electrostatic precipitator operated with a wet scrubber, you must establish the minimum total secondary electric power (secondary voltage and secondary current), as defined in § 63.11237, as your operating limits during the three-run performance stack test.


(3) For activated carbon injection, you must establish the minimum activated carbon injection rate, as defined in § 63.11237, as your operating limit during the three-run performance stack test.


(4) The operating limit for boilers 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 § 63.11224, and that each fabric filter must be operated such that the bag leak detection system alarm does not sound more than 5 percent of the operating time during a 6-month period.


(c) If you elect to demonstrate compliance with an applicable mercury emission limit through fuel analysis, you must conduct fuel analyses according to § 63.11213 and Table 5 to this subpart and follow the procedures in paragraphs (c)(1) through (3) of this section.


(1) If you burn more than one fuel type, you must determine the fuel type, or mixture, you could burn in your boiler that would result in the maximum emission rates of mercury.


(2) You must determine the 90th percentile confidence level fuel mercury concentration of the composite samples analyzed for each fuel type using Equation 1 of this section.




Where:

P90 = 90th percentile confidence level mercury concentration, in pounds per million Btu.

mean = Arithmetic average of the fuel mercury concentration in the fuel samples analyzed according to § 63.11213, in units of pounds per million Btu.

SD = Standard deviation of the mercury concentration in the fuel samples analyzed according to § 63.11213, in units of pounds per million Btu.

t = t distribution critical value for 90th percentile (0.1) probability for the appropriate degrees of freedom (number of samples minus one) as obtained from a Distribution Critical Value Table.

(3) To demonstrate compliance with the applicable mercury emission limit, the emission rate that you calculate for your boiler using Equation 1 of this section must be less than the applicable mercury emission limit.


[76 FR 15591, Mar. 21, 2011, as amended at 78 FR 7508, Feb. 1, 2013]


§ 63.11212 What stack tests and procedures must I use for the performance tests?

(a) You must conduct all performance tests according to § 63.7(c), (d), (f), and (h). You must also develop a site-specific test plan according to the requirements in § 63.7(c).


(b) You must conduct each stack test according to the requirements in Table 4 to this subpart. Boilers that use a CEMS for carbon monoxide (CO) are exempt from the initial CO performance testing in Table 4 to this subpart and the oxygen concentration operating limit requirement specified in Table 3 to this subpart.


(c) You must conduct performance stack tests at the representative operating load conditions while burning the type of fuel or mixture of fuels that have the highest emissions potential for each regulated pollutant, and you must demonstrate initial compliance and establish your operating limits based on these performance stack tests. For subcategories with more than one emission limit, these requirements could result in the need to conduct more than one performance stack test. Following each performance stack test and until the next performance stack test, you must comply with the operating limit for operating load conditions specified in Table 3 to this subpart.


(d) You must conduct a minimum of three separate test runs for each performance stack test required in this section, as specified in § 63.7(e)(3) and in accordance with the provisions in Table 4 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 of appendix A-7 to part 60 of this chapter to convert the measured PM concentrations and the measured mercury concentrations that result from the performance test to pounds per million Btu heat input emission rates.


[76 FR 15591, Mar. 21, 2011, as amended at 78 FR 7508, Feb. 1, 2013]


§ 63.11213 What fuel analyses and procedures must I use for the performance tests?

(a) You must conduct fuel analyses according to the procedures in paragraphs (b) and (c) of this section and Table 5 to this subpart, as applicable. 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 in Table 1 of this subpart.


(b) At a minimum, you must obtain three composite fuel samples for each fuel type according to the procedures in Table 5 to this subpart. Each composite sample must consist of a minimum of three samples collected at approximately equal intervals during a test run period.


(c) Determine the concentration of mercury in the fuel in units of pounds per million Btu of each composite sample for each fuel type according to the procedures in Table 5 to this subpart.


§ 63.11214 How do I demonstrate initial compliance with the work practice standard, emission reduction measures, and management practice?

(a) If you own or operate an existing or new coal-fired boiler with a heat input capacity of less than 10 million Btu per hour, you must conduct a performance tune-up according to § 63.11210(c) or (g), as applicable, and § 63.11223(b). If you own or operate an existing coal-fired boiler with a heat input capacity of less than 10 million Btu per hour, you must submit a signed statement in the Notification of Compliance Status report that indicates that you conducted an initial tune-up of the boiler.


(b) If you own or operate an existing or new biomass-fired boiler or an existing or new oil-fired boiler, you must conduct a performance tune-up according to § 63.11210(c) or (g), as applicable, and § 63.11223(b). If you own or operate an existing biomass-fired boiler or existing oil-fired boiler, you must submit a signed statement in the Notification of Compliance Status report that indicates that you conducted an initial tune-up of the boiler.


(c) If you own or operate an existing affected boiler with a heat input capacity of 10 million Btu per hour or greater, you must submit a signed certification in the Notification of Compliance Status report that an energy assessment of the boiler and its energy use systems was completed according to Table 2 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.


(d) If you own or operate a boiler subject to emission limits in Table 1 of this subpart, you must minimize the boiler’s startup and shutdown periods following the manufacturer’s recommended procedures, if available. If manufacturer’s recommended procedures are not available, you must follow recommended procedures for a unit of similar design for which manufacturer’s recommended procedures are available. You must submit a signed statement in the Notification of Compliance Status report that indicates that you conducted startups and shutdowns according to the manufacturer’s recommended procedures or procedures specified for a boiler of similar design if manufacturer’s recommended procedures are not available.


[76 FR 15591, Mar. 21, 2011, as amended at 78 FR 7508, Feb. 1, 2013; 81 FR 63126, Sept. 14, 2016]


Continuous Compliance Requirements

§ 63.11220 When must I conduct subsequent performance tests or fuel analyses?

(a) If your boiler has a heat input capacity of 10 million Btu per hour or greater, you must conduct all applicable performance (stack) tests according to § 63.11212 on a triennial basis, except as specified in paragraphs (b) through (e) of this section. Triennial performance tests must be completed no more than 37 months after the previous performance test.


(b) For new or reconstructed boilers that commenced construction or reconstruction on or before September 14, 2016, when demonstrating initial compliance with the PM emission limit, if your boiler’s performance test results show that your PM emissions are equal to or less than half of the PM emission limit, you do not need to conduct further performance tests for PM until September 14, 2021, but must continue to comply with all applicable operating limits and monitoring requirements and must comply with the provisions as specified in paragraphs (b)(1) through (4) of this section.


(1) A performance test for PM must be conducted by September 14, 2021.


(2) If your performance test results show that your PM emissions are equal to or less than half of the PM emission limit, you may choose to conduct performance tests for PM every fifth year. Each such performance test must be conducted no more than 61 months after the previous performance test.


(3) If you intend to burn a new type of fuel other than ultra-low-sulfur liquid fuel or gaseous fuels as defined in § 63.11237, you must conduct a performance test within 60 days of burning the new fuel type.


(4) If your performance test results show that your PM emissions are greater than half of the PM emission limit, you must conduct subsequent performance tests on a triennial basis as specified in paragraph (a) of this section.


(c) For new or reconstructed boilers that commenced construction or reconstruction after September 14, 2016, when demonstrating initial compliance with the PM emission limit, if your boiler’s performance test results show that your PM emissions are equal to or less than half of the PM emission limit, you may choose to conduct performance tests for PM every fifth year, but must continue to comply with all applicable operating limits and monitoring requirements and must comply with the provisions as specified in paragraphs (c)(1) through (3) of this section.


(1) Each such performance test must be conducted no more than 61 months after the previous performance test.


(2) If you intend to burn a new type of fuel other than ultra-low-sulfur liquid fuel or gaseous fuels as defined in § 63.11237, you must conduct a performance test within 60 days of burning the new fuel type.


(3) If your performance test results show that your PM emissions are greater than half of the PM emission limit, you must conduct subsequent performance tests on a triennial basis as specified in paragraph (a) of this section.


(d) If you demonstrate compliance with the mercury emission limit based on fuel analysis, you must conduct a fuel analysis according to § 63.11213 for each type of fuel burned as specified in paragraphs (d)(1) through (3) of this section. If you plan to burn a new type of fuel or fuel mixture, you must conduct a fuel analysis before burning the new type of fuel or mixture in your boiler. You must recalculate the mercury emission rate using Equation 1 of § 63.11211. The recalculated mercury emission rate must be less than the applicable emission limit.


(1) For existing boilers and new or reconstructed boilers that commenced construction or reconstruction on or before September 14, 2016, when demonstrating initial compliance with the mercury emission limit, if the mercury constituents in the fuel or fuel mixture are measured to be equal to or less than half of the mercury emission limit, you do not need to conduct further fuel analysis sampling until September 14, 2017, but must continue to comply with all applicable operating limits and monitoring requirements and must comply with the provisions as specified in paragraphs (d)(1)(i) and (ii) of this section.


(i) Fuel analysis sampling for mercury must be conducted by September 14, 2017.


(ii) If your fuel analysis results show that the mercury constituents in the fuel or fuel mixture are equal to or less than half of the mercury emission limit, you may choose to conduct fuel analysis sampling for mercury every 12 months.


(2) For new or reconstructed boilers that commenced construction or reconstruction after September 14, 2016, when demonstrating initial compliance with the mercury emission limit, if the mercury constituents in the fuel or fuel mixture are measured to be equal to or less than half of the mercury emission limit, you may choose to conduct fuel analysis sampling for mercury every 12 months, but must continue to comply with all applicable operating limits and monitoring requirements.


(3) When demonstrating compliance with the mercury emission limit, if the mercury constituents in the fuel or fuel mixture are greater than half of the mercury emission limit, you must conduct quarterly sampling.


(e) For existing affected boilers that have not operated on solid fossil fuel, biomass, or liquid fuel since the previous compliance demonstration and more than 3 years have passed since the previous compliance demonstration, you must complete your subsequent compliance demonstration no later than 180 days after the re-start of the affected boiler on solid fossil fuel, biomass, or liquid fuel.


[81 FR 63127, Sept. 14, 2016]


§ 63.11221 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 § 63.11205(c).


(b) You must operate the monitoring system and collect data at all required intervals at all times the affected source is operating and compliance is required, except for periods of monitoring system malfunctions or out-of-control periods (see § 63.8(c)(7) of this part), repairs associated with monitoring system malfunctions or out-of-control periods, and required monitoring system quality assurance or quality 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 collected 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 quality control activities in calculations used to report emissions or operating levels. Any such periods must be reported according to the requirements in § 63.11225. You must use all the data collected during all other periods in assessing the operation of the control device and associated control system.


(d) Except for periods of monitoring system malfunctions or monitoring system out-of-control periods, repairs associated with monitoring system malfunctions or monitoring system out-of-control periods, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks, required zero and span adjustments, and scheduled CMS maintenance as defined in your site-specific monitoring plan), failure to collect required data is a deviation of the monitoring requirements.


[78 FR 7508, Feb. 1, 2013, as amended at 81 FR 63127, Sept. 14, 2016]


§ 63.11222 How do I demonstrate continuous compliance with the emission limits?

(a) You must demonstrate continuous compliance with each emission limit and operating limit in Tables 1 and 3 to this subpart that applies to you according to the methods specified in Table 7 to this subpart and to paragraphs (a)(1) through (4) of this section.


(1) Following the date on which the initial compliance demonstration is completed or is required to be completed under §§ 63.7 and 63.11196, whichever date comes first, you must continuously monitor the operating parameters. Operation above the established maximum, below the established minimum, or outside the allowable range of the operating limits specified in paragraph (a) of this section constitutes a deviation from your operating limits established under this subpart, except during performance tests conducted to determine compliance with the emission and operating limits or to establish new operating limits. Operating limits are confirmed or reestablished during performance tests.


(2) If you have an applicable mercury or PM emission limit, you must keep records of the type and amount of all fuels burned in each boiler during the reporting period. If you have an applicable mercury emission limit, you must demonstrate that all fuel types and mixtures of fuels burned would result in lower emissions of mercury than the applicable emission limit (if you demonstrate compliance through fuel analysis), or result in lower fuel input of mercury than the maximum values calculated during the last performance stack test (if you demonstrate compliance through performance stack testing).


(3) If you have an applicable mercury emission limit and you plan to burn a new type of fuel, you must determine the mercury concentration for any new fuel type in units of pounds per million Btu, using the procedures in Equation 1 of § 63.11211 based on supplier data or your own fuel analysis, and meet the requirements in paragraphs (a)(3)(i) or (ii) of this section.


(i) The recalculated mercury emission rate must be less than the applicable emission limit.


(ii) If the mercury concentration is higher than mercury fuel input 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 § 63.11212 to demonstrate that the mercury emissions do not exceed the emission limit.


(4) 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 alarm and operate and maintain the fabric filter system such that the alarm does not sound 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 alarm, the time corrective action was initiated and completed, and a brief description of the cause of the alarm and the corrective action taken. You must also record the percent of the operating time during each 6-month period that the alarm sounds. In calculating this operating time percentage, 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 to initiate corrective action.


(b) You must report each instance in which you did not meet each emission limit and operating limit in Tables 1 and 3 to this subpart that apply to you. These instances are deviations from the emission limits in this subpart. These deviations must be reported according to the requirements in § 63.11225.


[76 FR 15591, Mar. 21, 2011, as amended at 81 FR 63127, Sept. 14, 2016]


§ 63.11223 How do I demonstrate continuous compliance with the work practice and management practice standards?

(a) For affected sources subject to the work practice standard or the management practices of a tune-up, you must conduct a performance tune-up according to paragraph (b) of this section and keep records as required in § 63.11225(c) to demonstrate continuous compliance. You must conduct the tune-up while burning the type of fuel (or fuels in the case of boilers that routinely burn two types of fuels at the same time) that provided the majority of the heat input to the boiler over the 12 months prior to the tune-up.


(b) Except as specified in paragraphs (c) through (f) of this section, you must conduct a tune-up of the boiler biennially to demonstrate continuous compliance as specified in paragraphs (b)(1) through (7) of this section. Each biennial tune-up must be conducted no more than 25 months after the previous tune-up. For a new or reconstructed boiler, the first biennial tune-up must be no later than 25 months after the initial startup of the new or reconstructed boiler.


(1) As applicable, inspect the burner, and clean or replace any components of the burner as necessary (you may delay the burner inspection until the next scheduled unit shutdown, not to exceed 36 months from the previous inspection). Units that produce electricity for sale may delay the burner inspection until the first outage, not to exceed 36 months from the previous inspection.


(2) 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.


(3) 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, not to exceed 36 months from the previous inspection). Units that produce electricity for sale may delay the inspection until the first outage, not to exceed 36 months from the previous inspection.


(4) Optimize total emissions of CO. This optimization should be consistent with the manufacturer’s specifications, if available, and with any nitrogen oxide requirement to which the unit is subject.


(5) 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.


(6) Maintain on-site and submit, if requested by the Administrator, a report containing the information in paragraphs (b)(6)(i) through (iii) of this section.


(i) 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.


(ii) A description of any corrective actions taken as a part of the tune-up of the boiler.


(iii) The type and amount of fuel used over the 12 months prior to the tune-up of the boiler, 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 use by each unit.


(7) If the unit is not operating on the required date for a tune-up, the tune-up must be conducted within 30 days of startup.


(c) Boilers with an oxygen trim system that maintains an optimum air-to-fuel ratio that would otherwise be subject to a biennial tune-up must conduct a tune-up of the boiler every 5 years as specified in paragraphs (b)(1) through (7) of this section. Each 5-year tune-up must be conducted no more than 61 months after the previous tune-up. For a new or reconstructed boiler with an oxygen trim system, the first 5-year tune-up must be no later than 61 months after the initial startup. You may delay the burner inspection specified in paragraph (b)(1) of this section and inspection of the system controlling the air-to-fuel ratio specified in paragraph (b)(3) of this section until the next scheduled unit shutdown, but you must inspect each burner and system controlling the air-to-fuel ratio 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.


(d) Seasonal boilers must conduct a tune-up every 5 years as specified in paragraphs (b)(1) through (7) of this section. Each 5-year tune-up must be conducted no more than 61 months after the previous tune-up. For a new or reconstructed seasonal boiler, the first 5-year tune-up must be no later than 61 months after the initial startup. You may delay the burner inspection specified in paragraph (b)(1) of this section and inspection of the system controlling the air-to-fuel ratio specified in paragraph (b)(3) of this section until the next scheduled unit shutdown, but you must inspect each burner and system controlling the air-to-fuel ratio at least once every 72 months. Seasonal boilers are not subject to the emission limits in Table 1 to this subpart or the operating limits in Table 3 to this subpart.


(e) Oil-fired boilers with a heat input capacity of equal to or less than 5 million Btu per hour must conduct a tune-up every 5 years as specified in paragraphs (b)(1) through (7) of this section. Each 5-year tune-up must be conducted no more than 61 months after the previous tune-up. For a new or reconstructed oil-fired boiler with a heat input capacity of equal to or less than 5 million Btu per hour, the first 5-year tune-up must be no later than 61 months after the initial startup. You may delay the burner inspection specified in paragraph (b)(1) of this section and inspection of the system controlling the air-to-fuel ratio specified in paragraph (b)(3) of this section until the next scheduled unit shutdown, but you must inspect each burner and system controlling the air-to-fuel ratio at least once every 72 months.


(f) Limited-use boilers must conduct a tune-up every 5 years as specified in paragraphs (b)(1) through (7) of this section. Each 5-year tune-up must be conducted no more than 61 months after the previous tune-up. For a new or reconstructed limited-use boiler, the first 5-year tune-up must be no later than 61 months after the initial startup. You may delay the burner inspection specified in paragraph (b)(1) of this section and inspection of the system controlling the air-to-fuel ratio specified in paragraph (b)(3) of this section until the next scheduled unit shutdown, but you must inspect each burner and system controlling the air-to-fuel ratio at least once every 72 months. Limited-use boilers are not subject to the emission limits in Table 1 to this subpart, the energy assessment requirements in Table 2 to this subpart, or the operating limits in Table 3 to this subpart.


(g) If you own or operate a boiler subject to emission limits in Table 1 of this subpart, you must minimize the boiler’s startup and shutdown periods following the manufacturer’s recommended procedures, if available. If manufacturer’s recommended procedures are not available, you must follow recommended procedures for a unit of similar design for which manufacturer’s recommended procedures are available. You must submit a signed statement in the Notification of Compliance Status report that indicates that you conducted startups and shutdowns according to the manufacturer’s recommended procedures or procedures specified for a boiler of similar design if manufacturer’s recommended procedures are not available.


[76 FR 15591, Mar. 21, 2011, as amended at 78 FR 7509, Feb. 1, 2013; 81 FR 63127, Sept. 14, 2016]


§ 63.11224 What are my monitoring, installation, operation, and maintenance requirements?

(a) If your boiler is subject to a CO emission limit in Table 1 to this subpart, you must either install, operate, and maintain a CEMS for CO and oxygen according to the procedures in paragraphs (a)(1) through (6) of this section, or install, calibrate, operate, and maintain an oxygen analyzer system, as defined in § 63.11237, according to the manufacturer’s recommendations and paragraphs (a)(7) and (d) of this section, as applicable, by the compliance date specified in § 63.11196. Where a certified CO CEMS is used, the CO level shall be monitored at the outlet of the boiler, after any add-on controls or flue gas recirculation system and before release to the atmosphere. Boilers that use a CO CEMS are exempt from the initial CO performance testing and oxygen concentration operating limit requirements specified in § 63.11211(a) of this subpart. Oxygen monitors and oxygen trim systems must be installed to monitor oxygen in the boiler flue gas, boiler firebox, or other appropriate intermediate location.


(1) Each CO CEMS must be installed, operated, and maintained according to the applicable procedures under Performance Specification 4, 4A, or 4B at 40 CFR part 60, appendix B, and each oxygen CEMS must be installed, operated, and maintained according to Performance Specification 3 at 40 CFR part 60, appendix B. Both the CO and oxygen CEMS must also be installed, operated, and maintained according to the site-specific monitoring plan developed according to paragraph (c) of this section.


(2) You must conduct a performance evaluation of each CEMS according to the requirements in § 63.8(e) and according to Performance Specifications 3 and 4, 4A, or 4B at 40 CFR part 60, appendix B.


(3) Each CEMS must complete a minimum of one cycle of operation (sampling, analyzing, and data recording) every 15 minutes. You must have CEMS data values from a minimum of four successive cycles of operation representing each of the 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, to have a valid hour of data.


(4) The CEMS data must be reduced as specified in § 63.8(g)(2).


(5) You must calculate hourly averages, corrected to 3 percent oxygen, from each hour of CO CEMS data in parts per million CO concentrations and determine the 10-day rolling average of all recorded readings, except as provided in § 63.11221(c). Calculate a 10-day rolling average from all of the hourly averages collected for the 10-day operating period using Equation 2 of this section.




Where:

Hpvi = the hourly parameter value for hour i

n = the number of valid hourly parameter values collected over 10 boiler operating days

(6) For purposes of collecting CO data, you must operate the CO CEMS as specified in § 63.11221(b). For purposes of calculating data averages, you must use all the data collected during all periods in assessing compliance, except that you must exclude certain data as specified in § 63.11221(c). Periods when CO data are unavailable may constitute monitoring deviations as specified in § 63.11221(d).


(7) You must operate the oxygen analyzer system at or above the minimum oxygen level that is established as the operating limit according to Table 6 to this subpart when firing the fuel or fuel mixture utilized during the most recent CO performance stack test. Operation of oxygen trim systems to meet these requirements shall not be done in a manner which compromises furnace safety.


(b) If you are using a control device to comply with the emission limits specified in Table 1 to this subpart, you must maintain each operating limit in Table 3 to this subpart that applies to your boiler as specified in Table 7 to this subpart. If you use a control device not covered in Table 3 to this subpart, or you wish to establish and monitor an alternative operating limit and alternative monitoring parameters, you must apply to the United States Environmental Protection Agency (EPA) Administrator for approval of alternative monitoring under § 63.8(f).


(c) If you demonstrate compliance with any applicable emission limit through stack testing and subsequent compliance with operating limits, you must develop a site-specific monitoring plan according to the requirements in paragraphs (c)(1) through (4) of this section. This requirement also applies to you if you petition the EPA Administrator for alternative monitoring parameters under § 63.8(f).


(1) For each CMS required in this section, you must develop, and submit to the EPA Administrator for approval upon request, a site-specific monitoring plan that addresses paragraphs (c)(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.


(i) Installation of the CMS sampling probe or other interface at a measurement location relative to each affected unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device).


(ii) Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer, and the data collection and reduction systems.


(iii) Performance evaluation procedures and acceptance criteria (e.g., calibrations).


(2) In your site-specific monitoring plan, you must also address paragraphs (c)(2)(i) through (iii) of this section.


(i) Ongoing operation and maintenance procedures in accordance with the general requirements of § 63.8(c)(1), (3), and (4)(ii).


(ii) Ongoing data quality assurance procedures in accordance with the general requirements of § 63.8(d).


(iii) Ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 63.10(c), (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.


(d) If you have an operating limit that requires the use of a CMS, you must install, operate, and maintain each CPMS according to the procedures in paragraphs (d)(1) through (4) of this section.


(1) The CPMS must complete a minimum of one cycle of operation every 15 minutes. You must have data values from a minimum of four successive cycles of operation representing each of 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, to have a valid hour of data.


(2) You must calculate hourly arithmetic averages from each hour of CPMS data in units of the operating limit and determine the 30-day rolling average of all recorded readings, except as provided in § 63.11221(c). Calculate a 30-day rolling average from all of the hourly averages collected for the 30-day operating period using Equation 3 of this section.




Where:

Hpvi = the hourly parameter value for hour i

n = the number of valid hourly parameter values collected over 30 boiler operating days

(3) For purposes of collecting data, you must operate the CPMS as specified in § 63.11221(b). For purposes of calculating data averages, you must use all the data collected during all periods in assessing compliance, except that you must exclude certain data as specified in § 63.11221(c). Periods when CPMS data are unavailable may constitute monitoring deviations as specified in § 63.11221(d).


(4) Record the results of each inspection, calibration, and validation check.


(e) If you have an applicable opacity operating limit under this rule, you must install, operate, certify and maintain each COMS according to the procedures in paragraphs (e)(1) through (8) of this section by the compliance date specified in § 63.11196.


(1) Each COMS must be installed, operated, and maintained according to Performance Specification 1 of 40 CFR part 60, appendix B.


(2) You must conduct a performance evaluation of each COMS according to the requirements in § 63.8 and according to Performance Specification 1 of 40 CFR part 60, appendix B.


(3) As specified in § 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 § 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 § 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 § 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.


(7) You must calculate and record 6-minute averages from the opacity monitoring data and determine and record the daily block average of recorded readings, except as provided in § 63.11221(c).


(8) For purposes of collecting opacity data, you must operate the COMS as specified in § 63.11221(b). For purposes of calculating data averages, you must use all the data collected during all periods in assessing compliance, except that you must exclude certain data as specified in § 63.11221(c). Periods when COMS data are unavailable may constitute monitoring deviations as specified in § 63.11221(d).


(f) If you 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 (f)(1) through (8) of this section.


(1) You must install and operate a bag leak detection system for each exhaust stack of the fabric filter.


(2) Each bag leak detection system must be installed, operated, calibrated, and maintained in a manner consistent with the manufacturer’s written specifications and recommendations and in accordance with EPA-454/R-98-015 (incorporated by reference, see § 63.14).


(3) The bag leak detection system must be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 10 milligrams per actual cubic meter or less.


(4) The bag leak detection system sensor must provide output of relative or absolute particulate matter loadings.


(5) The bag leak detection system must be equipped with a device to continuously record the output signal from the sensor.


(6) The bag leak detection system must be equipped with an audible or visual alarm system that will activate automatically when an increase in relative particulate matter emissions over a preset level is detected. The alarm must be located where it is easily heard or seen by plant operating personnel.


(7) For positive pressure fabric filter systems that do not duct all compartments or cells to a common stack, a bag leak detection system must be installed in each baghouse compartment or cell.


(8) Where multiple bag leak detectors are required, the system’s instrumentation and alarm may be shared among detectors.


[76 FR 15591, Mar. 21, 2011, as amended at 78 FR 7510, Feb. 1, 2013]


§ 63.11225 What are my notification, reporting, and recordkeeping requirements?

(a) You must submit the notifications specified in paragraphs (a)(1) through (5) of this section to the administrator.


(1) You must submit all of the notifications in §§ 63.7(b); 63.8(e) and (f); and 63.9(b) through (e), (g), and (h) that apply to you by the dates specified in those sections except as specified in paragraphs (a)(2) and (4) of this section.


(2) An Initial Notification must be submitted no later than January 20, 2014 or within 120 days after the source becomes subject to the standard.


(3) If you are required to conduct a performance stack test you must submit a Notification of Intent to conduct a performance test at least 60 days before the performance stack test is scheduled to begin.


(4) You must submit the Notification of Compliance Status no later than 120 days after the applicable compliance date specified in § 63.11196 unless you own or operate a new boiler subject only to a requirement to conduct a biennial or 5-year tune-up or you must conduct a performance stack test. If you own or operate a new boiler subject to a requirement to conduct a tune-up, you are not required to prepare and submit a Notification of Compliance Status for the tune-up. If you must conduct a performance stack test, you must submit the Notification of Compliance Status within 60 days of completing the performance stack test. You must submit the Notification of Compliance Status in accordance with paragraphs (a)(4)(i) and (vi) of this section. The Notification of Compliance Status must include the information and certification(s) of compliance in paragraphs (a)(4)(i) through (v) of this section, as applicable, and signed by a responsible official.


(i) You must submit the information required in § 63.9(h)(2), except the information listed in § 63.9(h)(2)(i)(B), (D), (E), and (F). If you conduct any performance tests or CMS performance evaluations, you must submit that data as specified in paragraph (e) of this section. If you conduct any opacity or visible emission observations, or other monitoring procedures or methods, you must submit that data to the Administrator at the appropriate address listed in § 63.13.


(ii) “This facility complies with the requirements in § 63.11214 to conduct an initial tune-up of the boiler.”


(iii) “This facility has had an energy assessment performed according to § 63.11214(c).”


(iv) For units that install bag leak detection systems: “This facility complies with the requirements in § 63.11224(f).”


(v) For units that do not qualify for a statutory exemption as provided in section 129(g)(1) of the Clean Air Act: “No secondary materials that are solid waste were combusted in any affected unit.”


(vi) The notification must be submitted electronically using 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 Notification of Compliance Status must be submitted to the Administrator at the appropriate address listed in § 63.13.


(5) 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, you must include in the Notification of Compliance Status the date of the test and a summary of the results, not a complete test report, relative to this subpart.


(b) You must prepare, by March 1 of each year, and submit to the delegated authority upon request, an annual compliance certification report for the previous calendar year containing the information specified in paragraphs (b)(1) through (4) of this section. You must submit the report by March 15 if you had any instance described by paragraph (b)(3) of this section. For boilers that are subject only to the energy assessment requirement and/or a requirement to conduct a biennial or 5-year tune-up according to § 63.11223(a) and not subject to emission limits or operating limits, you may prepare only a biennial or 5-year compliance report as specified in paragraphs (b)(1) and (2) of this section.


(1) Company name and address.


(2) Statement by a responsible official, with the official’s name, title, phone number, email address, and signature, certifying the truth, accuracy and completeness of the notification and a statement of whether the source has complied with all the relevant standards and other requirements of this subpart. Your notification must include the following certification(s) of compliance, as applicable, and signed by a responsible official:


(i) “This facility complies with the requirements in § 63.11223 to conduct a biennial or 5-year tune-up, as applicable, of each boiler.”


(ii) For units that do not qualify for a statutory exemption as provided in section 129(g)(1) of the Clean Air Act: “No secondary materials that are solid waste were combusted in any affected unit.”


(iii) “This facility complies with the requirement in §§ 63.11214(d) and 63.11223(g) to minimize the boiler’s time spent during startup and shutdown and to conduct startups and shutdowns according to the manufacturer’s recommended procedures or procedures specified for a boiler of similar design if manufacturer’s recommended procedures are not available.”


(3) If the source experiences any deviations from the applicable requirements during the reporting period, include a description of deviations, the time periods during which the deviations occurred, and the corrective actions taken.


(4) The total fuel use by each affected boiler subject to an emission limit, for each calendar month within the reporting period, including, but not limited to, a description of the fuel, whether the fuel has received a non-waste determination by you or EPA through a petition process to be a non-waste under § 241.3(c), whether the fuel(s) were processed from discarded non-hazardous secondary materials within the meaning of § 241.3, and the total fuel usage amount with units of measure.


(c) You must maintain the records specified in paragraphs (c)(1) through (7) of this section.


(1) As required in § 63.10(b)(2)(xiv), you must keep a copy of each notification and report that you submitted to comply with this subpart and all documentation supporting any Initial Notification or Notification of Compliance Status that you submitted.


(2) You must keep records to document conformance with the work practices, emission reduction measures, and management practices required by § 63.11214 and § 63.11223 as specified in paragraphs (c)(2)(i) through (vi) of this section.


(i) Records must identify each boiler, the date of tune-up, the procedures followed for tune-up, and the manufacturer’s specifications to which the boiler was tuned.


(ii) For operating units that combust non-hazardous secondary materials that have been determined not to be solid waste pursuant to § 241.3(b)(1) of this chapter, you must keep a record which documents how the secondary material meets each of the legitimacy criteria under § 241.3(d)(1). If you combust a fuel that has been processed from a discarded non-hazardous secondary material pursuant to § 241.3(b)(4) of this chapter, you must keep records as to how the operations that produced the fuel satisfies the definition of processing in § 241.2 and each of the legitimacy criteria in § 241.3(d)(1) of this chapter. If the fuel received a non-waste determination pursuant to the petition process submitted under § 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 § 241.4, you must keep records documenting that the material is a listed non-waste under § 241.4(a).


(iii) For each boiler required to conduct an energy assessment, you must keep a copy of the energy assessment report.


(iv) For each boiler subject to an emission limit in Table 1 to this subpart, you must keep records of monthly fuel use by each boiler, including the type(s) of fuel and amount(s) used. For each new oil-fired boiler that meets the requirements of § 63.11210(e) or (f), you must keep records, on a monthly basis, of the type of fuel combusted.


(v) For each boiler that meets the definition of seasonal boiler, you must keep records of days of operation per year.


(vi) For each boiler that meets the definition of limited-use boiler, 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 records of fuel use for the days the boiler is operating.


(3) For sources that demonstrate compliance through fuel analysis, a copy of all calculations and supporting documentation that were done to demonstrate compliance with the mercury emission limits. Supporting documentation should include results of any fuel analyses. You can use the results from one fuel analysis for multiple boilers provided they are all burning the same fuel type.


(4) Records of the occurrence and duration of each malfunction of the boiler, or of the associated air pollution control and monitoring equipment.


(5) Records of actions taken during periods of malfunction to minimize emissions in accordance with the general duty to minimize emissions in § 63.11205(a), including corrective actions to restore the malfunctioning boiler, air pollution control, or monitoring equipment to its normal or usual manner of operation.


(6) You must keep the records of all inspection and monitoring data required by §§ 63.11221 and 63.11222, and the information identified in paragraphs (c)(6)(i) through (vi) of this section for each required inspection or monitoring.


(i) The date, place, and time of the monitoring event.


(ii) Person conducting the monitoring.


(iii) Technique or method used.


(iv) Operating conditions during the activity.


(v) Results, including the date, time, and duration of the period from the time the monitoring indicated a problem to the time that monitoring indicated proper operation.


(vi) Maintenance or corrective action taken (if applicable).


(7) If you use a bag leak detection system, you must keep the records specified in paragraphs (c)(7)(i) through (iii) of this section.


(i) Records of the bag leak detection system output.


(ii) Records of bag leak detection system adjustments, including the date and time of the adjustment, the initial bag leak detection system settings, and the final bag leak detection system settings.


(iii) The date and time of all bag leak detection system alarms, 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) Your records must be in a form suitable and readily available for expeditious review. You must keep each record for 5 years following the date of each recorded action. You must keep each record on-site or be accessible from a central location by computer or other means that instantly provide access at the site for at least 2 years after the date of each recorded action. You may keep the records off site for the remaining 3 years.


(e)(1) Within 60 days after the date of completing each performance test (as defined in § 63.2) required by this subpart, you must submit the results of the performance tests, including any associated fuel analyses, following the procedure specified in either paragraph (e)(1)(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 (https://www3.epa.gov/ttn/chief/ert/ert_info.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) (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 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/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph.


(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 § 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 (e)(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 submitted is CBI, you must submit a complete file generated through the use of the EPA’s ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT Web site, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage media to the EPA. The electronic storage media must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph.


(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 EPA’s 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 § 63.13.


(f) 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, the location of the source, the boiler(s) that will commence burning solid waste, and the date of the notice.


(2) The currently applicable subcategory 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.


(g) If you have switched fuels or made a physical change to the boiler and the fuel switch or change resulted in the applicability of a different subcategory within this subpart, in the boiler becoming subject to this subpart, or in the boiler switching out of this subpart due to a fuel change that results in the boiler meeting the definition of gas-fired boiler, as defined in § 63.11237, or you have taken a permit limit that resulted in you becoming subject to this subpart or no longer being subject to this subpart, you must provide notice of the date upon which you switched fuels, made the physical change, or took a permit limit within 30 days of the change. The notification must identify:


(1) The name of the owner or operator of the affected source, the location of the source, the boiler(s) that have switched fuels, were physically changed, or took a permit limit, and the date of the notice.


(2) The date upon which the fuel switch, physical change, or permit limit occurred.


[76 FR 15591, Mar. 21, 2011, as amended at 78 FR 7511, Feb. 1, 2013; 81 FR 63127, Sept. 14, 2016]


§ 63.11226 [Reserved]

Other Requirements and Information

§ 63.11235 What parts of the General Provisions apply to me?

Table 8 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.


§ 63.11236 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by 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 has the authority to implement and enforce this subpart. You should contact your 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 paragraphs (c) of this section are retained by the EPA Administrator 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 (5) of this section.


(1) Approval of an alternative non-opacity emission standard and work practice standards in § 63.11223(a).


(2) Approval of alternative opacity emission standard under § 63.6(h)(9).


(3) Approval of major change to test methods under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in § 63.90.


(4) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” is defined in § 63.90.


(5) Approval of major change to recordkeeping and reporting under § 63.10(f). A “major change to recordkeeping/reporting” is defined in § 63.90.


[76 FR 15591, Mar. 21, 2011, as amended at 78 FR 7513, Feb. 1, 2013]


§ 63.11237 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in § 63.2 (the General Provisions), and in this section as follows:


10-day rolling average means the arithmetic mean of all valid hours of data from 10 successive operating days, except for periods of startup and shutdown and periods when the unit is not operating.


30-day rolling average means the arithmetic mean of all valid hours of data from 30 successive operating days, except for periods of startup and shutdown and periods when the unit is not operating.


Annual capacity factor means the ratio between the actual heat input to a boiler from the fuels burned during a calendar year and the potential heat input to the boiler 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.


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.


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 § 63.14).


Biomass means any biomass-based solid fuel that is not a solid waste. This includes, but is not limited to, wood residue and 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.


Biomass subcategory includes any boiler that burns any biomass and is not in the coal subcategory.


Boiler means an enclosed device using controlled flame combustion in which water is heated to recover thermal energy in the form of steam and/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 § 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, process heaters, and autoclaves are excluded from the definition of Boiler.


Boiler system means the boiler and associated components, such as, feedwater systems, combustion air systems, fuel systems (including burners), blowdown systems, combustion control systems, steam systems, and condensate return systems, directly connected to and serving the energy use systems.


Calendar year means the period between January 1 and December 31, inclusive, for a given year.


Coal means all solid fuels classifiable as anthracite, bituminous, sub-bituminous, or lignite by the American Society for Testing and Materials in ASTM D388 (incorporated by reference, see § 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 subcategory includes any boiler that burns any solid fossil fuel and no more than 15 percent biomass on an annual heat input basis.


Commercial boiler means a boiler used in commercial establishments such as 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.


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 and periods when the unit is not operating.


Deviation (1) 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.


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 § 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 § 63.14), kerosene, and biodiesel as defined by the American Society of Testing and Materials in ASTM D6751-11b (incorporated by reference, see § 63.14).


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 are included in this definition. A dry scrubber is a dry control system.


Electric boiler means a boiler in which electric heating serves as the source of heat. Electric boilers that burn gaseous or liquid fuel during periods of electrical power curtailment or failure are included in this definition.


Electric utility steam generating unit (EGU) means a fossil fuel-fired combustion unit of more than 25 megawatts 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 megawatts electrical 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 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, 2015.


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 with less than 0.3 trillion Btu per year (TBtu/year) heat input capacity 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) 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, or electricity) production, as applicable, will be evaluated to identify energy savings opportunities, within the limit of performing an 8-hour energy assessment.


(2) The energy assessment for facilities with affected boilers with 0.3 to 1.0 TBtu/year heat input capacity 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) and any on-site energy use system(s) accounting for at least 33 percent of the affected boiler(s) energy (e.g., steam, hot water, or electricity) production, as applicable, will be evaluated to identify energy savings opportunities, within the limit of performing a 24-hour energy assessment.


(3) The energy assessment for facilities with affected boilers with greater than 1.0 TBtu/year heat input capacity will be up to 24 on-site technical labor hours in length for the first TBtu/year plus 8 on-site technical labor hours for every additional 1.0 TBtu/year 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) and any on-site energy use system(s) accounting for at least 20 percent of the affected boiler(s) energy (e.g., steam, hot water, or electricity) production, as applicable, will be evaluated to identify energy savings opportunities.


(4) The on-site energy use system(s) serving as the basis for the percent of affected boiler(s) energy production, as applicable, 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 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.


Energy use system (1) Includes the following systems located on the site of the affected boiler that use energy provided by the boiler:


(i) 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


(ii) Other systems that use steam, hot water, process heat, or electricity, provided by the affected boiler.


(2) Energy use systems are only those systems using energy clearly produced by affected boilers.


Equivalent means the following only as this term is used in Table 5 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 mercury using an aliquot of the dried sample, then the drying temperature must be modified to prevent vaporizing this metal. 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 mercury concentration mathematically adjusted to a dry basis.


(6) An equivalent mercury determinative or analytical procedure means a published VCS or EPA method that clearly states that the standard, practice, or method is appropriate for mercury and the fuel matrix and has a published detection limit equal or lower than the methods listed in Table 5 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 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 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 fuels includes, but is not limited to, natural gas, process gas, landfill gas, coal derived gas, refinery gas, hydrogen, and biogas.


Gas-fired boiler includes any boiler that burns gaseous fuels not combined with any solid fuels and burns liquid fuel only during periods of gas curtailment, gas supply interruption, startups, or for periodic testing, maintenance, or operator training on liquid fuel. Periodic testing, maintenance, or operator training on liquid fuel shall not exceed a combined total of 48 hours during any calendar year.


Heat input means heat derived from combustion of fuel in a boiler 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.


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 fuel and hot water 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 million Btu per hour heat input capacity threshold for hot water boilers. Hot water heater also means a tankless unit that provides on-demand hot water.


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.


Industrial boiler means a boiler used in manufacturing, processing, mining, and refining or any other industry to provide steam, hot water, and/or electricity.


Institutional boiler means a boiler used in institutional establishments such as, but not limited to, medical centers, nursing homes, research centers, institutions of higher education, elementary and secondary schools, libraries, religious establishments, and governmental buildings to provide electricity, steam, and/or hot water.


Limited-use boiler means any boiler that burns any amount of solid or liquid fuels and has a federally enforceable annual capacity factor of no more than 10 percent.


Liquid fuel includes, but is not limited to, distillate oil, residual oil, any form of liquid fuel derived from petroleum, used oil meeting the specification in 40 CFR 279.11, liquid biofuels, biodiesel, and vegetable oil.


Load fraction means the actual heat input of a boiler 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 that co-fire natural 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).


Minimum activated carbon injection rate means load fraction multiplied by the lowest hourly average activated carbon injection rate measured according to Table 6 to this subpart during the most recent performance stack test demonstrating compliance with the applicable emission limit.


Minimum oxygen level means the lowest hourly average oxygen level measured according to Table 6 to this subpart during the most recent performance stack test demonstrating compliance with the applicable carbon monoxide emission limit.


Minimum scrubber liquid flow rate means the lowest hourly average scrubber liquid flow rate (e.g., to the particulate matter scrubber) measured according to Table 6 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 6 to this subpart during the most recent performance stack 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 6 to this subpart during the most recent performance stack test demonstrating compliance with the applicable emission limits; or


(2) For fluidized bed combustion, 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 6 to this subpart during the most recent performance stack 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 by the American Society for Testing and Materials in ASTM D1835 (incorporated by reference, see § 63.14); or


(3) A mixture of hydrocarbons that maintains a gaseous state at ISO conditions (i.e., a temperature of 288 Kelvin, a relative humidity of 60 percent, and a pressure of 101.3 kilopascals). 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.


Oil subcategory includes any boiler that burns any liquid fuel and is not in either the biomass or coal subcategories. Gas-fired boilers that burn liquid fuel only during periods of gas curtailment, gas supply interruptions, startups, or for periodic testing are not included in this definition. Periodic testing on liquid fuel shall not exceed a combined total of 48 hours during any calendar year.


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 unit. It is not necessary for fuel to be combusted for the entire 24-hour period.


Oxygen analyzer system means all equipment required to determine the oxygen content of a gas stream and used to monitor oxygen in the boiler flue gas, boiler firebox, or other appropriate intermediate location. This definition includes oxygen trim systems.


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 carbon monoxide 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.


Performance testing means the collection of data resulting from the execution of a test method used (either by stack testing or fuel analysis) to demonstrate compliance with a relevant emission standard.


Period of gas curtailment or supply interruption means a period of time during which the supply of gaseous fuel to an affected boiler 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.


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. Process heaters include units that heat water/water mixtures for pool heating, sidewalk heating, cooling tower water heating, power washing, or oil heating.


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.


(vii) 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.


Regulated gas stream means an offgas stream that is routed to a boiler 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 § 63.14(b)).


Responsible official means responsible official as defined in § 70.2.


Seasonal boiler means a boiler that undergoes a shutdown for a period of at least 7 consecutive months (or 210 consecutive days) each 12-month period due to seasonal conditions, except for periodic testing. Periodic testing shall not exceed a combined total of 15 days during the 7-month shutdown. This definition only applies to boilers that would otherwise be included in the biomass subcategory or the oil subcategory.


Shutdown means the period in which cessation of operation of a boiler is initiated for any purpose. Shutdown begins when the boiler no longer supplies useful thermal energy (such as steam or hot water) for heating, cooling, or process purposes or generates electricity, or when no fuel is being fed to the boiler, whichever is earlier. Shutdown ends when the boiler no longer supplies useful thermal energy (such as steam or hot water) for heating, cooling, or process purposes or generates electricity, and no fuel is being combusted in the boiler.


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 for the purpose of supplying useful thermal energy (such as steam or hot water) 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 (such as steam or hot water) from the boiler is supplied for heating and/or producing electricity, or for any other purpose, or


(2) The period in which operation of a boiler is initiated for any purpose. Startup begins with either the first-ever firing of fuel in a boiler for the purpose of supplying useful thermal energy (such as steam or hot water) for heating, cooling or process purposes or producing electricity, or the firing of fuel in a boiler for any purpose after a shutdown event. Startup ends 4 hours after when the boiler supplies useful thermal energy (such as steam or hot water) for heating, cooling, or process purposes or generates electricity, whichever is earlier.


Temporary boiler means any gaseous or liquid fuel boiler 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 is not a temporary boiler if any one of the following conditions exists:


(1) The equipment is attached to a foundation.


(2) The boiler 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 that replaces a temporary boiler at a location within the facility and performs the same or similar function will be included in calculating the consecutive time period unless there is a gap in operation of 12 months or more.


(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, steam, and/or hot water system in an attempt to circumvent the residence time requirements of this definition.


Tune-up means adjustments made to a boiler in accordance with the procedures outlined in § 63.11223(b).


Ultra-low-sulfur liquid fuel means a distillate oil that has less than or equal to 15 parts per million (ppm) sulfur.


Useful thermal energy means energy (i.e., steam or hot water) that meets the minimum operating temperature, flow, and/or pressure required by any energy use system that uses energy provided by the affected boiler.


Vegetable oil means oils extracted from vegetation.


Voluntary Consensus Standards (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, 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.standards.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 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 Air Resources Board (CARB) and Texas Commission on Environmental Quality (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.


Wet scrubber means any add-on air pollution control device that mixes an aqueous stream or slurry with the exhaust gases from a boiler to control emissions of particulate matter or to absorb and neutralize acid gases, such as hydrogen chloride. 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, which is promulgated pursuant to section 112(h) of the Clean Air Act.


[76 FR 15591, Mar. 21, 2011, as amended at 78 FR 7513, Feb. 1, 2013; 81 FR 63128, Sept. 14, 2016]


Table 1 to Subpart JJJJJJ of Part 63 – Emission Limits

As stated in § 63.11201, you must comply with the following applicable emission limits:


If your boiler is in this subcategory . . .
For the following

pollutants . . .
You must achieve less than or equal to the following emission limits, except during periods of startup and shutdown . . .
1. New coal-fired boilers with heat input capacity of 30 million British thermal units per hour (MMBtu/hr) or greater that do not meet the definition of limited-use boilera. PM (Filterable)

b. Mercury

c. CO
3.0E-02 pounds(lb) per million British thermal units (MMBtu) of heat input.

2.2E-05 lb per MMBtu of heat input.

420 parts per million (ppm) by volume on a dry basis corrected to 3 percent oxygen (3-run average or 10-day rolling average).
2. New coal-fired boilers with heat input capacity of between 10 and 30 MMBtu/hr that do not meet the definition of limited-use boilera. PM (Filterable)

b. Mercury

c. CO
4.2E-01 lb per MMBtu of heat input.

2.2E-05 lb per MMBtu of heat input.

420 ppm by volume on a dry basis corrected to 3 percent oxygen (3-run average or 10-day rolling average).
3. New biomass-fired boilers with heat input capacity of 30 MMBtu/hr or greater that do not meet the definition of seasonal boiler or limited-use boilerPM (Filterable)3.0E-02 lb per MMBtu of heat input.
4. New biomass fired boilers with heat input capacity of between 10 and 30 MMBtu/hr that do not meet the definition of seasonal boiler or limited-use boilerPM (Filterable)7.0E-02 lb per MMBtu of heat input.
5. New oil-fired boilers with heat input capacity of 10 MMBtu/hr or greater that do not meet the definition of seasonal boiler or limited-use boilerPM (Filterable)3.0E-02 lb per MMBtu of heat input.
6. Existing coal-fired boilers with heat input capacity of 10 MMBtu/hr or greater that do not meet the definition of limited-use boilera. Mercury

b. CO
2.2E-05 lb per MMBtu of heat input.

420 ppm by volume on a dry basis corrected to 3 percent oxygen (3-run average or 10-day rolling average).

[78 FR 7517, Feb. 1, 2013, as amended at 81 FR 63130, Sept. 14, 2016]


Table 2 to Subpart JJJJJJ of Part 63 – Work Practice Standards, Emission Reduction Measures, and Management Practices

As stated in § 63.11201, you must comply with the following applicable work practice standards, emission reduction measures, and management practices:


If your boiler is in this subcategory . . .
You must meet the following . . .
1. Existing or new coal-fired, new biomass-fired, or new oil-fired boilers (units with heat input capacity of 10 MMBtu/hr or greater)Minimize the boiler’s startup and shutdown periods and conduct startups and shutdowns according to the manufacturer’s recommended procedures. If manufacturer’s recommended procedures are not available, you must follow recommended procedures for a unit of similar design for which manufacturer’s recommended procedures are available.
2. Existing coal-fired boilers with heat input capacity of less than 10 MMBtu/hr that do not meet the definition of limited-use boiler, or use an oxygen trim system that maintains an optimum air-to-fuel ratioConduct an initial tune-up as specified in § 63.11214, and conduct a tune-up of the boiler biennially as specified in § 63.11223.
3. New coal-fired boilers with heat input capacity of less than 10 MMBtu/hr that do not meet the definition of limited-use boiler, or use an oxygen trim system that maintains an optimum air-to-fuel ratioConduct a tune-up of the boiler biennially as specified in § 63.11223.
4. Existing oil-fired boilers with heat input capacity greater than 5 MMBtu/hr that do not meet the definition of seasonal boiler or limited-use boiler, or use an oxygen trim system that maintains an optimum air-to-fuel ratioConduct an initial tune-up as specified in § 63.11214, and conduct a tune-up of the boiler biennially as specified in § 63.11223.
5. New oil-fired boilers with heat input capacity greater than 5 MMBtu/hr that do not meet the definition of seasonal boiler or limited-use boiler, or use an oxygen trim system that maintains an optimum air-to-fuel ratioConduct a tune-up of the boiler biennially as specified in § 63.11223.
6. Existing biomass-fired boilers that do not meet the definition of seasonal boiler or limited-use boiler, or use an oxygen trim system that maintains an optimum air-to-fuel ratioConduct an initial tune-up as specified in § 63.11214, and conduct a tune-up of the boiler biennially as specified in § 63.11223.
7. New biomass-fired boilers that do not meet the definition of seasonal boiler or limited-use boiler, or use an oxygen trim system that maintains an optimum air-to-fuel ratioConduct a tune-up of the boiler biennially as specified in § 63.11223.
8. Existing seasonal boilersConduct an initial tune-up as specified in § 63.11214, and conduct a tune-up of the boiler every 5 years as specified in § 63.11223.
9. New seasonal boilersConduct a tune-up of the boiler every 5 years as specified in § 63.11223.
10. Existing limited-use boilersConduct an initial tune-up as specified in § 63.11214, and conduct a tune-up of the boiler every 5 years as specified in § 63.11223.
11. New limited-use boilersConduct a tune-up of the boiler every 5 years as specified in § 63.11223.
12. Existing oil-fired boilers with heat input capacity of equal to or less than 5 MMBtu/hrConduct an initial tune-up as specified in § 63.11214, and conduct a tune-up of the boiler every 5 years as specified in § 63.11223.
13. New oil-fired boilers with heat input capacity of equal to or less than 5 MMBtu/hrConduct a tune-up of the boiler every 5 years as specified in § 63.11223.
14. Existing coal-fired, biomass-fired, or oil-fired boilers with an oxygen trim system that maintains an optimum air-to-fuel ratio that would otherwise be subject to a biennial tune-upConduct an initial tune-up as specified in § 63.11214, and conduct a tune-up of the boiler every 5 years as specified in § 63.11223.
15. New coal-fired, biomass-fired, or oil-fired boilers with an oxygen trim system that maintains an optimum air-to-fuel ratio that would otherwise be subject to a biennial tune-upConduct a tune-up of the boiler every 5 years as specified in § 63.11223.
16. Existing coal-fired, biomass-fired, or oil-fired boilers (units with heat input capacity of 10 MMBtu/hr and greater), not including limited-use boilersMust have a one-time energy assessment performed by a 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. Energy assessor approval and qualification requirements are waived in instances where past or amended energy assessments are used to meet the energy assessment requirements. 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 1 year between January 1, 2008, and the compliance date specified in § 63.11196 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 (1) to (4) appropriate for the on-site technical hours listed in § 63.11237:
(1) A visual inspection of the boiler system,
(2) An evaluation of operating characteristics of the affected boiler systems, specifications of energy use systems, operating and maintenance procedures, and unusual operating constraints,
(3) An inventory of major energy use systems consuming energy from affected boiler(s) and which are under control of the boiler owner or operator,
(4) A review of available architectural and engineering plans, facility operation and maintenance procedures and logs, and fuel usage,
(5) A list of major energy conservation measures that are within the facility’s control,
(6) A list of the energy savings potential of the energy conservation measures identified, and
(7) A comprehensive report detailing the ways to improve efficiency, the cost of specific improvements, benefits, and the time frame for recouping those investments.

[78 FR 7518, Feb. 1, 2013, as amended at 81 FR 63129, Sept. 14, 2016]


Table 3 to Subpart JJJJJJ of Part 63 – Operating Limits for Boilers With Emission Limits

As stated in § 63.11201, you must comply with the applicable operating limits:


If you demonstrate compliance with applicable emission limits using . . .
You must meet these operating limits except during periods of startup and shutdown . . .
1. Fabric filter controla. Maintain opacity to less than or equal to 10 percent opacity (daily block average); OR

b. Install and operate a bag leak detection system according to § 63.11224 and operate the fabric filter such that the bag leak detection system alarm does not sound more than 5 percent of the operating time during each 6-month period.
2. Electrostatic precipitator controla. Maintain opacity to less than or equal to 10 percent opacity (daily block average); OR

b. Maintain the 30-day rolling average total secondary electric power of the electrostatic precipitator at or above the minimum total secondary electric power as defined in § 63.11237.
3. Wet scrubber controlMaintain the 30-day rolling average pressure drop across the wet scrubber at or above the minimum scrubber pressure drop as defined in § 63.11237 and the 30-day rolling average liquid flow rate at or above the minimum scrubber liquid flow rate as defined in § 63.11237.
4. Dry sorbent or activated carbon injection controlMaintain the 30-day rolling average sorbent or activated carbon injection rate at or above the minimum sorbent injection rate or minimum activated carbon injection rate as defined in § 63.11237. When your boiler operates at lower loads, multiply your sorbent or activated carbon injection rate by the load fraction (e.g., actual heat input divided by the heat input during the performance stack test; for 50 percent load, multiply the injection rate operating limit by 0.5).
5. Any other add-on air pollution control type.This option is for boilers that operate dry control systems. Boilers must maintain opacity to less than or equal to 10 percent opacity (daily block average).
6. Fuel analysisMaintain the fuel type or fuel mixture (annual average) such that the mercury emission rate calculated according to § 63.11211(c) are less than the applicable emission limit for mercury.
7. Performance stack testingFor boilers that demonstrate compliance with a performance stack test, maintain the operating load of each unit such that it does not exceed 110 percent of the average operating load recorded during the most recent performance stack test.
8. Oxygen analyzer systemFor boilers subject to a CO emission limit that demonstrate compliance with an oxygen analyzer system as specified in § 63.11224(a), maintain the 30-day rolling average oxygen level at or above the minimum oxygen level as defined in § 63.11237. 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 § 63.11224(a)(7).

[78 FR 7519, Feb. 1, 2013]


Table 4 to Subpart JJJJJJ of Part 63 – Performance (Stack) Testing Requirements

As stated in § 63.11212, you must comply with the following requirements for performance (stack) test for affected sources:


To conduct a performance test for the following pollutant. . .
You must. . .
Using. . .
1. Particulate Mattera. Select sampling ports location and the number of traverse pointsMethod 1 in appendix A-1 to part 60 of this chapter.
b. Determine velocity and volumetric flow-rate of the stack gasMethod 2, 2F, or 2G in appendix A-2 to part 60 of this chapter.
c. Determine oxygen and carbon dioxide concentrations of the stack gasMethod 3A or 3B in appendix A-2 to part 60 of this chapter, or ASTM D6522-00 (Reapproved 2005),
a or ANSI/ASME PTC 19.10-1981.
a
d. Measure the moisture content of the stack gasMethod 4 in appendix A-3 to part 60 of this chapter.
e. Measure the particulate matter emission concentrationMethod 5 or 17 (positive pressure fabric filters must use Method 5D) in appendix A-3 and A-6 to part 60 of this chapter and a minimum 1 dscm of sample volume per run.
f. Convert emissions concentration to lb/MMBtu emission ratesMethod 19 F-factor methodology in appendix A-7 to part 60 of this chapter.
2. Mercurya. Select sampling ports location and the number of traverse pointsMethod 1 in appendix A-1 to part 60 of this chapter.
b. Determine velocity and volumetric flow-rate of the stack gasMethod 2, 2F, or 2G in appendix A-2 to part 60 of this chapter.
c. Determine oxygen and carbon dioxide concentrations of the stack gasMethod 3A or 3B in appendix A-2 to part 60 of this chapter, or ASTM D6522-00 (Reapproved 2005),
a or ANSI/ASME PTC 19.10-1981.
a
d. Measure the moisture content of the stack gasMethod 4 in appendix A-3 to part 60 of this chapter.
e. Measure the mercury emission concentrationMethod 29, 30A, or 30B in appendix A-8 to part 60 of this chapter or Method 101A in appendix B to part 61 of this chapter or ASTM Method D6784-02.
a Collect a minimum 2 dscm of sample volume with Method 29 of 101A per run. Use a minimum run time of 2 hours with Method 30A.
f. Convert emissions concentration to lb/MMBtu emission ratesMethod 19 F-factor methodology in appendix A-7 to part 60 of this chapter.
3. Carbon Monoxidea. Select the sampling ports location and the number of traverse pointsMethod 1 in appendix A-1 to part 60 of this chapter.
b. Determine oxygen and carbon dioxide concentrations of the stack gasMethod 3A or 3B in appendix A-2 to part 60 of this chapter, or ASTM D6522-00 (Reapproved 2005),
a or ANSI/ASME PTC 19.10-1981.
a
c. Measure the moisture content of the stack gasMethod 4 in appendix A-3 to part 60 of this chapter.
d. Measure the carbon monoxide emission concentrationMethod 10, 10A, or 10B in appendix A-4 to part 60 of this chapter or ASTM D6522-00 (Reapproved 2005)
a and a minimum 1 hour sampling time per run.


a Incorporated by reference, see § 63.14.


Table 5 to Subpart JJJJJJ of Part 63 – Fuel Analysis Requirements

As stated in § 63.11213, you must comply with the following requirements for fuel analysis testing for affected sources:


To conduct a fuel analysis for the following pollutant . . .
You must. . .
Using . . .
1. Mercurya. Collect fuel samplesProcedure in § 63.11213(b) or ASTM D2234/D2234M
a (for coal) or ASTM D6323
a (for biomass) or equivalent.
b. Compose fuel samplesProcedure in § 63.11213(b) or equivalent.
c. Prepare composited fuel samplesEPA SW-846-3050B
a (for solid samples) or EPA SW-846-3020A
a (for liquid samples) or ASTM D2013/D2013M
a (for coal) or ASTM D5198
a (for biomass) or equivalent.
d. Determine heat content of the fuel typeASTM D5865
a (for coal) or ASTM E711
a (for biomass) or equivalent.
e. Determine moisture content of the fuel typeASTM D3173
a or ASTM E871
a or equivalent.
f. Measure mercury concentration in fuel sampleASTM D6722
a (for coal) or EPA SW-846-7471B
a (for solid samples) or EPA SW-846-7470A
a (for liquid samples) or equivalent.
g. Convert concentrations into units of lb/MMBtu of heat content


a Incorporated by reference, see § 63.14.


Table 6 to Subpart JJJJJJ of Part 63 – Establishing Operating Limits

As stated in § 63.11211, you must comply with the following requirements for establishing operating limits:


If you have an applicable emission limit for . . .
And your operating limits are based on . . .
You must . . .
Using . . .
According to the following requirements
1. PM or mercurya. Wet scrubber operating parametersEstablish site-specific minimum scrubber pressure drop and minimum scrubber liquid flow rate operating limits according to § 63.11211(b)Data from the pressure drop and liquid flow rate monitors and the PM or mercury performance stack tests(a) You must collect pressure drop and liquid flow rate data every 15 minutes during the entire period of the performance stack tests;
(b) Determine the average pressure drop and liquid flow rate for each individual test run in the three-run performance stack test by computing the average of all the 15-minute readings taken during each test run.
b. Electrostatic precipitator operating parametersEstablish a site-specific minimum total secondary electric power operating limit according to § 63.11211(b)Data from the secondary electric power monitors and the PM or mercury performance stack tests(a) You must collect secondary electric power data every 15 minutes during the entire period of the performance stack tests;
(b) Determine the average total secondary electric power for each individual test run in the three-run performance stack test by computing the average of all the 15-minute readings taken during each test run.
2. MercuryDry sorbent or activated carbon injection rate operating parametersEstablish a site-specific minimum sorbent or activated carbon injection rate operating limit according to § 63.11211(b)Data from the sorbent or activated carbon injection rate monitors and the mercury performance stack tests(a) You must collect sorbent or activated carbon injection rate data every 15 minutes during the entire period of the performance stack tests;
(b) Determine the average sorbent or activated carbon injection rate for each individual test run in the three-run performance stack test by computing the average of all the 15-minute readings taken during each test run.
(c) When your unit operates at lower loads, multiply your sorbent or activated carbon injection rate by the load fraction, as defined in § 63.11237, to determine the required injection rate.
3. COOxygenEstablish a unit-specific limit for minimum oxygen levelData from the oxygen analyzer system specified in § 63.11224(a)(a) You must collect oxygen data every 15 minutes during the entire period of the performance stack tests;
(b) Determine the average hourly oxygen concentration for each individual test run in the three-run performance stack test by computing the average of all the 15-minute readings taken during each test run.
4. Any pollutant for which compliance is demonstrated by a performance stack testBoiler operating loadEstablish a unit-specific limit for maximum operating load according to § 63.11212(c)Data from the operating load monitors (fuel feed monitors or steam generation monitors)(a) You must collect operating load data (fuel feed rate or steam generation data) every 15 minutes 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 average of the three test run averages during the performance test, and multiply this by 1.1 (110 percent) as your operating limit.

[78 FR 7520, Feb. 1, 2013, as amended at 81 FR 63130, Sept. 14, 2016]


Table 7 to Subpart JJJJJJ of Part 63 – Demonstrating Continuous Compliance

As stated in § 63.11222, you must show continuous compliance with the emission limitations for affected sources according to the following:


If you must meet the following operating

limits . . .
You must demonstrate continuous compliance by . . .
1. Opacitya. Collecting the opacity monitoring system data according to § 63.11224(e) and § 63.11221; and
b. Reducing the opacity monitoring data to 6-minute averages; and
c. Maintaining opacity to less than or equal to 10 percent (daily block average).
2. Fabric Filter Bag Leak Detection OperationInstalling and operating a bag leak detection system according to § 63.11224(f) and operating the fabric filter such that the requirements in § 63.11222(a)(4) are met.
3. Wet Scrubber Pressure Drop and Liquid Flow Ratea. Collecting the pressure drop and liquid flow rate monitoring system data according to §§ 63.11224 and 63.11221; 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 minimum pressure drop and minimum liquid flow rate according to § 63.11211.
4. Dry Scrubber Sorbent or Activated Carbon Injection Ratea. Collecting the sorbent or activated carbon injection rate monitoring system data for the dry scrubber according to §§ 63.11224 and 63.11221; and
b. Reducing the data to 30-day rolling averages; and
c. Maintaining the 30-day rolling average sorbent or activated carbon injection rate at or above the minimum sorbent or activated carbon injection rate according to § 63.11211.
5. Electrostatic Precipitator Total Secondary Electric Powera. Collecting the total secondary electric power monitoring system data for the electrostatic precipitator according to §§ 63.11224 and 63.11221; and
b. Reducing the data to 30-day rolling averages; and
c. Maintaining the 30-day rolling average total secondary electric power at or above the minimum total secondary electric power according to § 63.11211.
6. Fuel Pollutant Contenta. Only burning the fuel types and fuel mixtures used to demonstrate compliance with the applicable emission limit according to § 63.11213 as applicable; and
b. Keeping monthly records of fuel use according to §§ 63.11222(a)(2) and 63.11225(b)(4).
7. Oxygen contenta. Continuously monitoring the oxygen content of flue gas according to § 63.11224 (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 § 63.11224(a)(7)); and
b. Reducing the data to 30-day rolling averages; and
c. Maintaining the 30-day rolling average oxygen content at or above the minimum oxygen level established during the most recent CO performance test.
8. CO emissionsa. Continuously monitoring the CO concentration in the combustion exhaust according to §§ 63.11224 and 63.11221; and
b. Correcting the data to 3 percent oxygen, and reducing the data to 1-hour averages; and
c. Reducing the data from the hourly averages to 10-day rolling averages; and
d. Maintaining the 10-day rolling average CO concentration at or below the applicable emission limit in Table 1 to this subpart.
9. Boiler operating loada. Collecting operating load data (fuel feed rate or steam generation data) every 15 minutes; and
b. Reducing the data to 30-day rolling averages; and
c. Maintaining the 30-day rolling average at or below the operating limit established during the performance test according to § 63.11212(c) and Table 6 to this subpart.

[78 FR 7521, Feb. 1, 2013]


Table 8 to Subpart JJJJJJ of Part 63 – Applicability of General Provisions to Subpart JJJJJJ

As stated in § 63.11235, you must comply with the applicable General Provisions according to the following:


General provisions cite
Subject
Does it apply?
§ 63.1ApplicabilityYes.
§ 63.2DefinitionsYes. Additional terms defined in § 63.11237.
§ 63.3Units and AbbreviationsYes.
§ 63.4Prohibited Activities and CircumventionYes.
§ 63.5Preconstruction Review and Notification RequirementsNo
§ 63.6(a), (b)(1)-(b)(5), (b)(7), (c), (f)(2)-(3), (g), (i), (j)Compliance with Standards and Maintenance RequirementsYes.
§ 63.6(e)(1)(i)General Duty to minimize emissionsNo. See § 63.11205 for general duty requirement.
§ 63.6(e)(1)(ii)Requirement to correct malfunctions ASAPNo.
§ 63.6(e)(3)SSM PlanNo.
§ 63.6(f)(1)SSM exemptionNo.
§ 63.6(h)(1)SSM exemptionNo.
§ 63.6(h)(2) to (9)Determining compliance with opacity emission standardsYes.
§ 63.7(a), (b), (c), (d) , (e)(2)-(e)(9), (f), (g), and (h)Performance Testing RequirementsYes.
§ 63.7(e)(1)Performance testingNo. See § 63.11210.
§ 63.8(a), (b), (c)(1), (c)(1)(ii), (c)(2) to (c)(9), (d)(1) and (d)(2), (e),(f), and (g)Monitoring RequirementsYes.
§ 63.8(c)(1)(i)General duty to minimize emissions and CMS operationNo.
§ 63.8(c)(1)(iii)Requirement to develop SSM Plan for CMSNo.
§ 63.8(d)(3)Written procedures for CMSYes, except for the last sentence, which refers to an SSM plan. SSM plans are not required.
§ 63.9Notification RequirementsYes, excluding the information required in § 63.9(h)(2)(i)(B), (D), (E) and (F). See § 63.11225.
§ 63.10(a) and (b)(1)Recordkeeping and Reporting RequirementsYes.
§ 63.10(b)(2)(i)Recordkeeping of occurrence and duration of startups or shutdownsNo.
§ 63.10(b)(2)(ii)Recordkeeping of malfunctionsNo. See § 63.11225 for recordkeeping of (1) occurrence and duration and (2) actions taken during malfunctions.
§ 63.10(b)(2)(iii)Maintenance recordsYes.
§ 63.10(b)(2)(iv) and (v)Actions taken to minimize emissions during SSMNo.
§ 63.10(b)(2)(vi)Recordkeeping for CMS malfunctionsYes.
§ 63.10(b)(2)(vii) to (xiv)Other CMS requirementsYes.
§ 63.10(b)(3)Recordkeeping requirements for applicability determinationsNo.
§ 63.10(c)(1) to (9)Recordkeeping for sources with CMSYes.
§ 63.10(c)(10)Recording nature and cause of malfunctionsNo. See § 63.11225 for malfunction recordkeeping requirements.
§ 63.10(c)(11)Recording corrective actionsNo. See § 63.11225 for malfunction recordkeeping requirements.
§ 63.10(c)(12) and (13)Recordkeeping for sources with CMSYes.
§ 63.10(c)(15)Allows use of SSM planNo.
§ 63.10(d)(1) and (2)General reporting requirementsYes.
§ 63.10(d)(3)Reporting opacity or visible emission observation resultsNo.
§ 63.10(d)(4)Progress reports under an extension of complianceYes.
§ 63.10(d)(5)SSM reportsNo. See § 63.11225 for malfunction reporting requirements.
§ 63.10(e)Additional reporting requirements for sources with CMSYes.
§ 63.10(f)Waiver of recordkeeping or reporting requirementsYes.
§ 63.11Control Device RequirementsNo.
§ 63.12State Authority and DelegationYes.
§ 63.13-63.16Addresses, Incorporation by Reference, Availability of Information, Performance Track ProvisionsYes.
§ 63.1(a)(5), (a)(7)-(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)ReservedNo.

[76 FR 15591, Mar. 21, 2011, as amended at 78 FR 7521, Feb. 1, 2013]


Subpart KKKKKK [Reserved]

Subpart LLLLLL – National Emission Standards for Hazardous Air Pollutants for Acrylic and Modacrylic Fibers Production Area Sources


Source:72 FR 38899, July 16, 2007, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11393 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate an acrylic or modacrylic fibers production plant that is an area source of hazardous air pollutant (HAP) emissions.


(b) This subpart applies to each new or existing affected source. The affected source is each acrylic or modacrylic fibers plant.


(1) An affected source is existing if you commenced construction or reconstruction of the affected source on or before April 4, 2007.


(2) An affected source is new if you commenced construction or reconstruction of the affected source after April 4, 2007.


(c) This subpart does not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).


(d) You are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, provided you are not otherwise required by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a). Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart.


§ 63.11394 What are my compliance dates?

(a) If you own or operate an existing affected source, you must achieve compliance with the applicable provisions in this subpart no later than January 16, 2008.


(b) If you startup a new affected source on or before July 16, 2007, you must achieve compliance with the applicable provisions of this subpart not later than July 16, 2007.


(c) If you startup a new affected source after July 16, 2007, you must achieve compliance with the provisions in this subpart upon startup of your affected source.


Standards and Compliance Requirements

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

(a) You must operate and maintain capture or enclosure systems that collect the gases and fumes containing acrylonitrile (AN) released from polymerization process equipment and monomer recovery process equipment and convey the collected gas stream through a closed vent system to a control device.


(b) Except as provided in paragraph (b)(3) of this section, you must not discharge to the atmosphere through any combination of stacks or other vents captured gases containing AN in excess of the emissions limits in paragraphs (b)(1) and (2) of this section.


(1) 0.2 pounds of AN per hour (lb/hr) from the control device for polymerization process equipment.


(2) 0.05 lb/hr of AN from the control device for monomer recovery process equipment.


(3) If you do not comply with the emissions limits in paragraphs (b)(1) and (2) of this section, you must comply with the new source standards for process vents in § 63.11396(a).


(c) If you use a wet scrubber control device, you must comply with the control device parameter operating limits in paragraphs (c)(1) and (2) of this section.


(1) You must maintain the daily average water flow rate to a wet scrubber used to control polymerization process equipment at a minimum of 50 liters per minute (l/min). If the water flow to the wet scrubber ceases, the polymerization reactor(s) must be shut down.


(2) You must maintain the daily average water flow rate to a wet scrubber used to control monomer recovery process equipment at a minimum of 30 l/min.


(d) You must comply with the requirements of the New Source Performance Standard for Volatile Organic Liquids (40 CFR part 60, subpart Kb) for vessels that store acrylonitrile. The provisions in 40 CFR 60.114b do not apply to this subpart.


(e) You must operate continuous parameter monitoring systems (CPMS) to measure and record the water flow rate to a wet scrubber control device for the polymerization process equipment and the monomer recovery process equipment. The CPMS must record the water flow rate at least every 15 minutes and determine and record the daily average water flow rate.


(f) You must determine compliance with the daily average control device parameter operating limits for water flow rate in paragraph (c) of this section on a monthly basis and submit a summary report to EPA or the delegated authority on a quarterly basis. Should the daily average water flow rate to a wet scrubber control device for the polymerization process equipment fall below 50 l/min or the daily average water flow rate to a wet scrubber control device for the monomer recovery process equipment fall below 30 l/min, you must notify EPA or the delegated authority in writing within 10 days of the identification of the exceedance.


(g) You must keep records of each monthly compliance determination for the water flow rate operating parameter limits in a permanent form suitable for inspection and retain the records for at least 2 years following the date of each compliance determination.


(h) You must conduct a performance test for each control device for polymerization process equipment and monomer recovery process equipment subject to an emissions limit in paragraph (b) of this section within 180 days of your compliance date and report the results in your notification of compliance status. You must conduct each test according to the requirements in § 63.7 of subpart A and § 63.1104 of subpart YY. You are not required to conduct a performance test if a prior performance test was conducted using the methods specified in § 63.1104 of subpart YY and either no process changes have been made since the test, or you can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes.


(i) If you do not use a wet scrubber control device for the polymerization process equipment or the monomer recovery process equipment, you must submit a monitoring plan to EPA or the delegated authority for approval. Each plan must contain the information in paragraphs (i)(1) through (5) of this section.


(1) A description of the device;


(2) Test results collected in accordance with § 63.1104 of subpart YY verifying the performance of the device for reducing AN to the levels required by this subpart;


(3) Operation and maintenance plan for the control device (including a preventative maintenance schedule consistent with the manufacturer’s instructions for routine and long-term maintenance) and continuous monitoring system.


(4) A list of operating parameters that will be monitored to maintain continuous compliance with the applicable emissions limits; and


(5) Operating parameter limits based on monitoring data collected during the performance test.


(j) If you do not operate a monomer recovery process that removes AN prior to spinning, you must comply with the requirements in paragraph (j)(1), (2), or (3) of this section for each fiber spinning line that uses a spin dope produced from either a suspension polymerization process or solution polymerization process.


(1) You must reduce the AN concentration of the spin dope to less than 100 parts per million by weight (ppmw); or


(2) You must design and operate a fiber spinning line enclosure according to the requirements in § 63.1103(b)(4) of subpart YY and reduce AN emissions by 85 weight-percent or more by venting emissions from the enclosure through a closed vent system to any combination of control devices meeting the requirements in § 63.982(a)(2) of subpart SS; or


(3) You must reduce AN emissions from the spinning line to less than or equal to 0.5 pounds of AN per ton (lb/ton) of acrylic and modacrylic fiber produced.


(k) You may change the operating limits for a wet scrubber if you meet the requirements in paragraphs (k)(1) through (3) of this section.


(1) Submit a written notification to the Administrator to conduct a new performance test to revise the operating limit.


(2) Conduct a performance test to demonstrate compliance with the applicable emissions limit for a control device in paragraph (b) of this section.


(3) Establish revised operating limits according to the procedures in paragraphs (k)(3)(i) and (ii) of this section.


(i) Using the CPMS required in paragraph (e) of this section, measure and record the water flow rate to the wet scrubber in intervals of no less than 15 minutes during each AN test run.


(ii) Determine and record the average water flow rate for each test run. Your operating limit is the lowest average flow rate during any test run that complies with the applicable emissions limit.


(l) You must treat process and maintenance wastewater containing AN in a wastewater treatment system. You must keep records that list each process and maintenance wastewater stream that contains AN and a process flow diagram of the wastewater treatment system that identifies each wastewater stream.


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

(a) You must comply with the requirements in paragraph (a)(1) or (2) of this section for each process vent where the AN concentration of the vent stream is equal to or greater than 50 parts per million by volume (ppmv) and the average flow rate is equal to or greater than 0.005 cubic meters per minute, as determined by the applicability and assessment procedures in § 63.1104 of subpart YY.


(1) You must reduce emissions of AN by 98 weight-percent or limit the concentration of AN in the emissions to no more than 20 ppmv, whichever is less stringent, by venting emissions through a closed vent system to any combination of control devices meeting the requirements for process vents in § 63.982(a)(2) of subpart SS; or


(2) You must reduce emissions of AN by using a flare that meets the requirements of § 63.987 of subpart SS.


(b) You must comply with the requirements in paragraph (b)(1), (2), or (3) of this section for each fiber spinning line that uses a spin dope produced from either a suspension polymerization process or solution polymerization process.


(1) You must reduce the AN concentration of the spin dope to less than 100 ppmw; or


(2) You must design and operate a fiber spinning line enclosure according to the requirements in § 63.1103(b)(4) of subpart YY and reduce AN emissions by 85 weight-percent or more by venting emissions from the enclosure through a closed vent system to any combination of control devices meeting the requirements in § 63.982(a)(2) of subpart SS; or


(3) You must reduce AN emissions from the spinning line to less than or equal to 0.5 pounds of AN per ton (lb/ton) of acrylic and modacrylic fiber produced.


(c) You must comply with the requirements for storage vessels holding acrylonitrile as shown in Table 2 to § 63.1103(b)(3)(i) of subpart YY.


(d) You must comply with the requirements for equipment that contains or contacts 10 percent by weight or more of AN and operates 300 hours per year as shown in Table 2 to § 63.1103(b)(3)(i) of subpart YY.


(e) You must comply with the requirements for process wastewater and maintenance wastewater from an acrylic and modacrylic fibers production process as shown in Table 2 to § 63.1103(b)(3)(i) of subpart YY. Process wastewater and maintenance wastewater that contains AN and is not subject to the requirements in Table 2 to § 63.1103(b)(3)(i) of subpart YY must be treated in a wastewater treatment system.


(f) You must comply with all testing, monitoring, recordkeeping, and reporting requirements in subpart SS (for process vents); subpart SS or WW (for AN tanks); subpart TT or UU (for equipment leaks); and subpart G (for process wastewater and maintenance wastewater). Only the provisions in §§ 63.132 through 63.148 and §§ 63.151 through 63.153 of subpart G apply to this subpart.


(g) If you use a control device other than a wet scrubber, flare, incinerator, boiler, process heater, absorber, condenser, or carbon adsorber, you must prepare and submit a monitoring plan to the Administrator for approval. Each plan must contain the information in paragraphs (g)(1) through (5) of this section.


(1) A description of the device;


(2) Test results collected in accordance with paragraph (f) of this section verifying the performance of the device for reducing AN to the levels required by this subpart;


(3) Operation and maintenance plan for the control device (including a preventative maintenance schedule consistent with the manufacturer’s instructions for routine and long-term maintenance) and continuous monitoring system.


(4) A list of operating parameters that will be monitored to maintain continuous compliance with the applicable emissions limits; and


(5) Operating parameter limits based on monitoring data collected during the performance test.


Other Requirements and Information

§ 63.11397 What General Provisions apply to this subpart?

(a) You must meet the requirements of the General Provisions in 40 CFR part 63, subpart A, as shown in Table 1 to this subpart.


(b) If you own or operate an existing affected source, your notification of compliance status required by § 63.9(h) must include the following information:


(1) This certification of compliance, signed by a responsible official, for the standards in § 63.11395(a): “This facility complies with the management practices required in § 63.11395(a) for operation of capture systems for polymerization process equipment and monomer recovery process equipment.”


(2) This certification of compliance, signed by a responsible official, for the emissions limits in § 63.11395(b): “This facility complies with the emissions limits in § 63.11395(b)(1) and (2) for control devices serving the polymerization process equipment and monomer recovery process equipment based on previous performance tests in accordance with § 63.11395(h)” or “This facility complies with the alternative standards for process vents in § 63.11395(b)(3) based on previous performance tests and assessments in accordance with § 63.11396(f)”. If you conduct a performance test or assessment to demonstrate compliance, you must include the results of the performance test and/or assessment.


(3) This certification of compliance, signed by a responsible official, for the standards for storage tanks in § 63.11396(d): “This facility complies with the requirements of 40 CFR part 60, subpart Kb for each tank that stores acrylonitrile.”


(4) This certification of compliance, signed by a responsible official, for the requirement in Table 1 to subpart LLLLLL for preparation of a startup, shutdown, and malfunction plan: “This facility has prepared a startup, shutdown, and malfunction plan in accordance with the requirements of 40 CFR 63.6(e)(3).”


(c) If you own or operate a new affected source, your notification of compliance status required by § 63.9(h) must include:


(1) The results of the initial performance test or compliance demonstration for each process vent (including closed vent system and control device, flare, or recovery device), fiber spinning line, AN storage tank, equipment, and wastewater stream subject to this subpart.


(2) This certification of compliance, signed by a responsible official, for the applicable emissions limit in § 63.11396(a) for process vents: “This facility complies with the emissions limits in § 63.11396(a) for each process vent subject to control.”


(3) This certification of compliance, signed by a responsible official, for the applicable emissions limit in § 63.11396(b) for each fiber spinning line: “This facility complies with the emissions limit and/or management practice requirements in § 63.11396(b)(1), (2), or (3) for each fiber spinning line.”


(4) This certification of compliance, signed by a responsible official, for the storage tank requirements in § 63.11396(c): “This facility complies with the requirements for storage vessels holding acrylonitrile as shown in Table 2 to § 63.1103(b)(3)(i) of subpart YY.”


(5) This certification of compliance, signed by a responsible official, for the equipment leak requirements in § 63.11396(d): “This facility complies with the requirements for all equipment that contains or contacts 10 percent by weight or more of AN and operates 300 hours per year or more as shown in Table 2 to § 63.1103(b)(3)(i) of subpart YY.”


(6) This certification of compliance, signed by a responsible official, for the process wastewater and maintenance wastewater requirements in § 63.11396(e): “This facility complies with the requirements in Table 2 to § 63.1103(b)(3)(i) of subpart YY for each process wastewater stream and each maintenance wastewater stream.”


(d) If you own or operate a new affected source, you must report any deviation from the requirements of this subpart in the semiannual report required by 40 CFR 63.10(e)(3).


§ 63.11398 What definitions apply to this subpart?

Acrylic fiber means a manufactured synthetic fiber in which the fiber-forming substance is any long-chain synthetic polymer composed of at least 85 percent by weight of acrylonitrile units.


Acrylic and modacrylic fibers production means the production of either of the following synthetic fibers composed of acrylonitrile units: acrylic fiber or modacrylic fiber.


Acrylonitrile solution polymerization means a process where acrylonitrile and comonomers are dissolved in a solvent to form a polymer solution (typically polyacrylonitrile). The polyacrylonitrile is soluble in the solvent. In contrast to suspension polymerization, the resulting reactor polymer solution (spin dope) is filtered and pumped directly to the fiber spinning process.


Acrylonitrile suspension polymerization means a polymerization process where small drops of acrylonitrile and comonomers are suspended in water in the presence of a catalyst where they polymerize under agitation. Solid beads of polymer are formed in this suspension reaction which are subsequently filtered, washed, refiltered, and dried. The beads must be subsequently redissolved in a solvent to create a spin dope prior to introduction to the fiber spinning 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 emissions limitation or management practice;


(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 or management practice in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart.


Equipment means each of the following that is subject to this subpart: pump, compressor, agitator, pressure relief device, sampling collection system, open-ended valve or line, valve connector, instrumentation system in organic HAP service which contains or contacts greater than 10 percent by weight of acrylonitrile and operates more than 300 hours per year.


Fiber spinning line means the group of equipment and process vents associated with acrylic or modacrylic fiber spinning operations. The fiber spinning line includes (as applicable to the type of spinning process used) the blending and dissolving tanks, spinning solution filters, wet spinning units, spin bath tanks, and the equipment used downstream of the spin bath to wash, dry, or draw the spun fiber.


Maintenance wastewater means wastewater generated by the draining of process fluid from components in the process unit, whose primary product is a product produced by a source category subject to this subpart, into an individual drain system prior to or during maintenance activities. Maintenance wastewater can be generated during planned and unplanned shutdowns and during periods not associated with a shutdown. Examples of activities that can generate maintenance wastewaters include descaling of heat exchanger tubing bundles, cleaning of distillation column traps, draining of low legs and high point bleeds, draining of pumps into an individual drain system, and draining of portions of the process unit, whose primary product is a product produced by a source category subject to this subpart, for repair.


Modacrylic fiber means a manufactured synthetic fiber in which the fiber-forming substance is any long-chain synthetic polymer composed of at least 35 percent by weight of acrylonitrile units but less than 85 percent by weight of acrylonitrile units.


Monomer recovery process equipment means the collection of process units and associated process equipment used to reclaim the monomer for subsequent reuse, including but not limited to polymer holding tanks, polymer buffer tanks, monomer vacuum pump flush drum, and drum filter vacuum pump flush drum.


Polymerization process equipment means the collection of process units and associated process equipment used in the acrylonitrile polymerization process prior to the fiber spinning line, including but not limited to acrylonitrile storage tanks, recovered monomer tanks, monomer measuring tanks, monomer preparation tanks, monomer feed tanks, slurry receiver tanks, polymerization reactors, and drum filters.


Process vent means the point of discharge to the atmosphere (or point of entry into a control device, if any) of a gas stream from the acrylic and modacrylic fibers production process.


Process wastewater means wastewater, which during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.


Responsible official means responsible official as defined at 40 CFR 70.2.


Spin dope means the liquid mixture of polymer and solvent that is fed to the spinneret to form the acrylic and modacrylic fibers.


§ 63.11399 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority such as a State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency pursuant to 40 CFR part 63, subpart E, 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 a State, local, or tribal agency within your State.


(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 approval authorities contained in paragraphs (b)(1) through (4) of this section are retained by the Administrator of the U.S. EPA and are not transferred to the State, local, or tribal agency.


(1) Approval of an alternative non-opacity emissions standard under § 63.6(g).


(2) Approval of a major change to a test method under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in § 63.90.


(3) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” is defined in § 63.90.


(4) Approval of a major change to recordkeeping/ reporting under § 63.10(f). A “major change to recordkeeping/reporting” is defined in § 63.90.


As required in § 63.11397(a), you must comply with the requirements of the NESHAP General Provisions (40 CFR part 63, subpart A) as shown in the following table.


[72 FR 38899, July 16, 2007, as amended at 73 FR 15928, Mar. 26, 2008]


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

Citation
Subject
Applies to subpart LLLLLL?
Explanation
63.1(a)(1), (a)(2), (a)(3), (a)(4), (a)(6), (a)(10)-(a)(12) (b)(1), (b)(3), (c)(1), (c)(2), (c)(5), (e)ApplicabilityYes
63.1(a)(5), (a)(7)-(a)(9), (b)(2), (c)(3), (c)(4), (d)ReservedNo
63.2DefinitionsYes
63.3Units and AbbreviationsYes
63.4Prohibited Activities and CircumventionYes
63.5Preconstruction Review and Notification RequirementsNo
63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1), (c)(2), (c)(5), (e)(1), (e)(3)(i), (e)(3)(iii)-(e)(3)(ix), (f) (g), (i), (j)Compliance with Standards and Maintenance RequirementsYesSubpart LLLLLL requires new and existing sources to comply with requirements for startups, shutdowns, and malfunctions in § 63.6(e)(3).
63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), (e)(3)(ii), (h)(3), (h)(5)(iv)ReservedNo
63.6(h)(1)-(h)(4), (h)(5)(i)-(h)(5)(iii), (h)(6)-(h)(9)NoSubpart LLLLLL does not include opacity or visible emissions standards or require a continuous opacity monitoring system.
63.7(a), (e), (f), (g), (h)Performance Testing RequirementsYes/NoSubpart LLLLLL requires performance tests for new and existing sources; a test for an existing source is not required if a prior test meets the conditions in § 63.11395(h).
63.7(b), (c)Yes/NoRequirements for notification of performance test and for quality assurance program apply to new sources but not existing sources.
63.8(a)(1), (a)(2), (b), (c)(1)-(c)(3), (f)(1)-(5)Monitoring RequirementsYes
63.8(a)(3)ReservedNo
63.8(a)(4)YesRequirements apply to new sources if flares are the selected control option.
63.8(c)(4)-(c)(8), (d), (e), (f)(6), (g)YesRequirements apply to new sources but not to existing sources.
63.9(a), (b)(1), (b)(5), (c), (d), (i), (j)Notification RequirementsYes
63.9(e)Yes/NoNotification of performance test is required for new area sources.
63.9(b)(2)YesInitial notification of applicability is required for new and existing area sources.
63.9(b)(3), (h)(4)ReservedNo
63.9(b)(4), (h)(5)No
63.9(f), (g)NoSubpart LLLLLL does not require a continuous opacity monitoring system or continuous emissions monitoring system.
63.9(h)(1)-(h)(3), (h)(6)YesNotification of compliance status is required for new and existing area sources.
63.10(a)Recordkeeping RequirementsYes
63.10(b)(1)Yes/NoRecord retention requirement applies to new area sources but not existing area sources. Subpart LLLLLL establishes 2-year retention period for existing area sources.
63.10(b)(2)YesRecordkeeping requirements for startups, shutdowns, and malfunctions apply to new and existing area sources.
63.10(b)(3)YesRecordkeeping requirements for applicability determinations apply to new area sources.
63.10(c)(1), (c)(5)-(c)(14)Yes/NoRecordkeeping requirements for continuous parameter monitoring systems apply to new sources but not existing sources.
63.10(c)(2)-(c)(4), (c)(9)ReservedNo
63.10(d)(1), (d)(4), (e)(1), (e)(2), (f)Reporting RequirementsYes
63.10(d)(2)YesReport of performance test results applies to each area source required to conduct a performance test.
63.10(d)(3)NoSubpart LLLLLL does not include opacity or visible emissions limits.
63.10(d)(5)YesRequirements for startup, shutdown, and malfunction reports apply to new and existing area sources.
(e)(1)-(e)(2), (e)(4)NoSubpart LLLLLL does not require a continuous emissions monitoring system or continuous opacity monitoring system.
63.10(e)(3)Yes/NoSemiannual reporting requirements for excess emissions and parameter monitoring exceedances apply to new area sources but not existing area sources.
63.11Control Device RequirementsYesRequirements apply to new sources if flares are the selected control option.
63.12State Authorities and DelegationsYes
63.13AddressesYes
63.14Incorporations by ReferenceYes
63.15Availability of Information and ConfidentialityYes
63.16Performance Track Provisions.Yes

Subpart MMMMMM – National Emission Standards for Hazardous Air Pollutants for Carbon Black Production Area Sources


Source:72 FR 38904, July 16, 2007, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11400 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a carbon black production facility that is an area source of hazardous air pollutant (HAP) emissions.


(b) This subpart applies to each new or existing affected source. The affected source is each carbon black production process unit. The affected source includes all waste management units, maintenance wastewater, and equipment components that contain or contact HAP that are associated with the carbon black production process unit.


(1) An affected source is an existing source if you commenced construction or reconstruction of the affected source on or before April 4, 2007.


(2) An affected source is new if you commenced construction or reconstruction of the affected source after April 4, 2007.


(c) This subpart does not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).


(d) If you own or operate an area source subject to this subpart, you must obtain a permit under 40 CFR part 70 or 40 CFR part 71.


§ 63.11401 What are my compliance dates?

(a) If you own or operate an existing affected source, you must achieve compliance with the applicable provisions of this subpart by July 16, 2007.


(b) If you startup a new affected source on or before July 16, 2007, you must achieve compliance with the applicable provisions of this subpart not later than July 16, 2007.


(c) If you startup a new affected source after July 16, 2007, you must achieve compliance with the applicable provisions of this subpart upon startup of your affected source.


Standards and Compliance Requirements

§ 63.11402 What are the standards and compliance requirements for new and existing sources?

You must meet all the requirements in § 63.1103(f) of subpart YY.


§ 63.11403 [Reserved]

Other Requirements and Information

§ 63.11404 What General Provisions apply to this subpart?

The provisions in 40 CFR part 63, subpart A, applicable to this subpart are §§ 63.1 through 63.5 and §§ 63.11 through 63.16.


§ 63.11405 What definitions apply to this subpart?

The terms used in this subpart are defined in §§ 63.1101 and 63.1103(f)(2).


§ 63.11406 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority such as a State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or tribal agency pursuant to 40 CFR part 63, subpart E, 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 a State, local, or tribal agency within your State.


(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 approval authorities contained in paragraphs (b)(1) through (4) of this section are retained by the Administrator of the U.S. EPA and are not transferred to the State, local, or tribal agency.


(1) Approval of an alternative non-opacity emissions standard under § 63.992(b)(1).


(2) Approval of a major change to test methods under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in § 63.90.


(3) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” is defined in § 63.90.


(4) Approval of a major change to recordkeeping/reporting under § 63.10(f). A “major change to recordkeeping/reporting” is defined in § 63.90.


[72 FR 38904, July 16, 2007, as amended at 73 FR 15928, Mar. 26, 2008]


Subpart NNNNNN – National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources: Chromium Compounds


Source:72 FR 38905, July 16, 2007, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11407 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a chromium compounds manufacturing facility that is an area source of hazardous air pollutant (HAP) emissions.


(b) This subpart applies to each new or existing affected source. The affected source is each chromium compounds manufacturing facility.


(1) An affected source is existing if you commenced construction or reconstruction of the affected source on or before April 4, 2007.


(2) An affected source is new if you commence construction or reconstruction of the affected source after April 4, 2007.


(c) This subpart does not apply to research and development facilities, as defined in section 112(c)(7) of the CAA.


(d) If you own or operate an area source subject to this subpart, you must obtain a permit under 40 CFR part 70 or 40 CFR part 71.


§ 63.11408 What are my compliance dates?

(a) If you own or operate an existing affected source, you must achieve compliance with the applicable provisions in this subpart not later than January 16, 2008.


(b) If you startup a new affected source on or before July 16, 2007, you must achieve compliance with the applicable provisions of this subpart not later than July 16, 2007.


(c) If you startup a new affected source after July 16, 2007, you must achieve compliance with the applicable provisions of this subpart upon startup of your affected source.


Standards and Compliance Requirements

§ 63.11409 What are the standards?

(a) You must operate a capture system that collects the gases and fumes released during the operation of each emissions source listed in Table 1 of this subpart and conveys the collected gas stream to a particulate matter (PM) control device.


(b) You must not discharge to the atmosphere through any combination of stacks or other vents process gases from an emissions source listed in Table 1 of this subpart that contain PM in excess of the allowable process rate determined according to Equation 1 of this section (for an emissions source with a process rate of less than 30 tons per hour) or Equation 2 of this section (for an emissions source with a process rate of 30 tons per hour or greater). If more than one process vents to a common stack, the applicable emissions limit for the stack is the sum of allowable emissions calculated for each process using Equation 1 or 2 of this section, as applicable.





Where:

E = Emissions limit in pounds per hour (lb/hr); and

P = Process rate of emissions source in tons per hour (ton/hr).



§ 63.11410 What are the compliance requirements?

(a) Existing sources. If you own or operate an existing area source, you must comply with the requirements in paragraphs (b) through (e) of this section.


(b) Initial control device inspection. You must conduct an initial inspection of each PM control device according to the requirements in paragraphs (b)(1) through (4) of this section. You must conduct each inspection no later than 60 days after your applicable compliance date for each installed control device which has been operated within 60 days of the compliance date. For an installed control device which has not been operated within 60 days of the compliance date, you must conduct an initial inspection prior to startup of the control device.


(1) For each baghouse, you must visually inspect the system ductwork and baghouse unit for leaks. You must also inspect the inside of each baghouse for structural integrity and fabric filter condition. You must record the results of the inspection and any maintenance action in the logbook required in paragraph (d) of this section. An initial inspection of the internal components of a baghouse is not required if an inspection has been performed within the past 12 months.


(2) For each dry electrostatic precipitator, you must verify the proper functioning of the electronic controls for corona power and rapper operation, that the corona wires are energized, and that adequate air pressure is present on the rapper manifold. You must also visually inspect the system ductwork and electrostatic precipitator housing unit and hopper for leaks and inspect the interior of the electrostatic precipitator to determine the condition and integrity of corona wires, collection plates, hopper, and air diffuser plates. An initial inspection of the internal components of a dry electrostatic precipitator is not required if an inspection has been performed within the past 24 months.


(3) For each wet electrostatic precipitator, you must verify the proper functioning of the electronic controls for corona power, that the corona wires are energized, and that water flow is present. You must also visually inspect the system ductwork and electrostatic precipitator housing unit and hopper for leaks and inspect the interior of the electrostatic precipitator to determine the condition and integrity of corona wires, collection plates, plate wash spray heads, hopper, and air diffuser plates. An initial inspection of the internal components of a wet electrostatic precipitator is not required if an inspection has been performed within the past 24 months.


(4) For each wet scrubber, you must verify the presence of water flow to the scrubber. You must also visually inspect the system ductwork and scrubber unit for leaks and inspect the interior of the scrubber for structural integrity and the condition of the demister and spray nozzle.


(i) An initial inspection of the internal components of a wet scrubber is not required if an inspection has been performed within the past 12 months.


(ii) The requirement in paragraph (b)(4) of this section for initial inspection of the internal components of a wet scrubber does not apply to a cyclonic scrubber installed upstream of a wet or dry electrostatic precipitator.


(c) Periodic inspections/maintenance. Following the initial inspections, you must perform periodic inspections and maintenance of each PM control device according to the requirements in paragraphs (c)(1) through (4) of this section.


(1) You must inspect and maintain each baghouse according to the requirements in paragraphs (c)(1)(i) and (ii) of this section.


(i) You must conduct monthly visual inspections of the system ductwork for leaks.


(ii) You must conduct inspections of the interior of the baghouse for structural integrity and to determine the condition of the fabric filter every 12 months. If an initial inspection is not required by paragraph (b)(1) of this section, the first inspection must not be more than 12 months from the last inspection.


(2) You must inspect and maintain each dry electrostatic precipitator according to the requirements in paragraphs (c)(2)(i) through (iii) of this section.


(i) You must conduct a daily inspection to verify the proper functioning of the electronic controls for corona power and rapper operation, that the corona wires are energized, and that adequate air pressure is present on the rapper manifold.


(ii) You must conduct monthly visual inspections of the system ductwork, housing unit, and hopper for leaks.


(iii) You must conduct inspections of the interior of the electrostatic precipitator to determine the condition and integrity of corona wires, collection plates, plate rappers, hopper, and air diffuser plates every 24 months.


(3) You must inspect and maintain each wet electrostatic precipitator according to the requirements in paragraphs (c)(3)(i) through (iii) of this section.


(i) You must conduct a daily inspection to verify the proper functioning of the electronic controls for corona power, that the corona wires are energized, and that water flow is present.


(ii) You must conduct monthly visual inspections of the system ductwork, electrostatic precipitator housing unit, and hopper for leaks.


(iii) You must conduct inspections of the interior of the electrostatic precipitator to determine the condition and integrity of corona wires, collection plates, plate wash spray heads, hopper, and air diffuser plates every 24 months. If an initial inspection is not required by paragraph (b)(3) of this section, the first inspection must not be more than 24 months from the last inspection.


(4) You must inspect and maintain each wet scrubber according to the requirements in paragraphs (c)(4)(i) through (iii) of this section.


(i) You must conduct a daily inspection to verify the presence of water flow to the scrubber.


(ii) You must conduct monthly visual inspections of the system ductwork and scrubber unit for leaks.


(iii) You must conduct inspections of the interior of the scrubber to determine the structural integrity and condition of the demister and spray nozzle every 12 months. Internal inspections of cyclonic scrubbers installed upstream of wet or dry electrostatic precipitators are not required.


(d) Recordkeeping requirements. You must record the results of each inspection and maintenance action in a logbook (written or electronic format). You must keep the logbook onsite and make the logbook available to the permitting authority upon request. You must keep records of the information specified in paragraphs (d)(1) through (4) of this section for 5 years following the date of each recorded action.


(1) The date and time of each recorded action for a fabric filter, the results of each inspection, and the results of any maintenance performed on the bag filters.


(2) The date and time of each recorded action for a wet or dry electrostatic precipitator (including ductwork), the results of each inspection, and the results of any maintenance performed on the electrostatic precipitator.


(3) The date and time of each recorded action for a wet scrubber (including ductwork), the results of each inspection, and the results of any maintenance performed on the wet scrubber.


(4) Records of all required monitoring data and supporting information including all calibration and maintenance records, original strip-chart recordings for continuous monitoring information, and copies of all reports required by this subpart. You must maintain records of required monitoring data in a form suitable and readily available for expeditious review. All records must be kept onsite and made available to EPA or the delegated authority for inspection upon request. You must maintain records of all required monitoring data and supporting information for at least 5 years from the date of the monitoring sample, measurement, report, or application.


(e) Reports. (1) You must report each deviation (an action or condition not in accordance with the requirements of this subpart, including upset conditions but excluding excess emissions) to the permitting agency on the next business day after becoming aware of the deviation. You must submit a written report within 2 business days which identifies the probable cause of the deviation and any corrective actions or preventative actions taken. All reports of deviations must be certified by a responsible official.


(2) You must submit semiannual reports of monitoring and recordkeeping activities to your permitting authority.


(3) You must submit the results of any maintenance performed on each PM control device within 30 days of a written request by the permitting authority.


(f) New sources. If you own or operate a new affected source, you must comply with the requirements in paragraphs (g) and (h) of this section.


(g) Bag leak detection systems. You must install, operate, and maintain a bag leak detection system on all baghouses used to comply with the PM emissions limit in § 63.11409 according to paragraph (g)(1) of this section; prepare and operate by a site-specific monitoring plan according to paragraph (g)(2) of this section; take corrective action according to paragraph (g)(3) of this section; and record information according to paragraph (g)(4) of this section.


(1) Each bag leak detection system must meet the specifications and requirements in paragraphs (g)(1)(i) through (viii) of this section.


(i) The bag leak detection system must be certified by the manufacturer to be capable of detecting PM emissions at concentrations of 0.00044 grains per actual cubic foot or less.


(ii) The bag leak detection system sensor must provide output of relative PM loadings. 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).


(iii) The bag leak detection system must be equipped with an alarm system that will sound when the system detects an increase in relative particulate loading over the alarm set point established according to paragraph (g)(1)(iv) of this section, and the alarm must be located such that it can be heard by the appropriate plant personnel.


(iv) In the initial adjustment of the bag leak detection system, you must establish, at a minimum, the baseline output by adjusting the sensitivity (range) and the averaging period of the device, the alarm set points, and the alarm delay time.


(v) Following initial adjustment, you shall not adjust the averaging period, alarm set point, or alarm delay time without approval from the Administrator or delegated authority except as provided in paragraph (g)(1)(vi) of this section.


(vi) Once per quarter, you may adjust the sensitivity of the bag leak detection system to account for seasonal effects, including temperature and humidity, according to the procedures identified in the site-specific monitoring plan required by paragraph (g)(2) of this section.


(vii) You must install the bag leak detection sensor downstream of the baghouse and upstream of any wet scrubber.


(viii) Where multiple detectors are required, the system’s instrumentation and alarm may be shared among detectors.


(2) You must develop and submit to the Administrator or delegated authority for approval a site-specific monitoring plan for each bag leak detection system. You must operate and maintain the bag leak detection system according to an approved site-specific monitoring plan at all times. Each monitoring plan must describe the items in paragraphs (g)(2)(i) through (vi) 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; and


(vi) Corrective action procedures as specified in paragraph (g)(3) of this section. In approving the site-specific monitoring plan, the Administrator or delegated authority may allow owners and operators more than 3 hours to alleviate a specific condition that causes an alarm if the owner or operator identifies in the monitoring plan this specific condition as one that could lead to an alarm, adequately explains why it is not feasible to alleviate this condition within 3 hours of the time the alarm occurs, and demonstrates that the requested time will ensure alleviation of this condition as expeditiously as practicable.


(3) For each bag leak detection system, you must initiate procedures to determine the cause of every alarm within 1 hour of the alarm. Except as provided in paragraph (g)(2)(vi) of this section, you must alleviate the cause of the alarm within 3 hours of the alarm by taking whatever corrective action(s) are necessary. Corrective actions may include, but are not limited to the following:


(i) Inspecting the baghouse for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in particulate 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; or


(vi) Shutting down the process producing the particulate emissions.


(4) You must maintain records of the information specified in paragraphs (g)(4)(i) through (iii) of this section for each bag leak detection system.


(i) Records of the bag leak detection system output;


(ii) Records of bag leak detection system adjustments, including the date and time of the adjustment, the initial bag leak detection system settings, and the final bag leak detection system settings; and


(iii) The date and time of all bag leak detection system alarms, the time that procedures to determine the cause of the alarm were initiated, the cause of the alarm, an explanation of the actions taken, the date and time the cause of the alarm was alleviated, and whether the alarm was alleviated within 3 hours of the alarm.


(h) Other control devices. If you use a control device other than a baghouse, you must prepare and submit a monitoring plan to EPA or the delegated authority for approval. You must operate and maintain the control device according to an approved site-specific monitoring plan at all times. Each plan must contain the information in paragraphs (h)(1) through (5) of this section.


(1) A description of the device;


(2) Test results collected in accordance with paragraph (i) of this section verifying the performance of the device for reducing PM to the levels required by this subpart;


(3) Operation and maintenance plan for the control device (including a preventative maintenance schedule consistent with the manufacturer’s instructions for routine and long-term maintenance) and continuous monitoring system.


(4) A list of operating parameters that will be monitored to maintain continuous compliance with the applicable emissions limits; and


(5) Operating parameter limits based on monitoring data collected during the performance test.


(i) Performance tests. If you own or operate a new affected source, you must conduct a performance test for each emissions source subject to an emissions limit in § 63.11409(b) within 180 days of your compliance date and report the results in your notification of compliance status. If you own or operate an existing affected source, you are not required to conduct a performance test if a prior performance test was conducted within the past 5 years of the effective date using the same methods specified in paragraph (j) of this section and either no process changes have been made since the test, or if you can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes.


(j) Test methods. You must conduct each performance test according to the requirements in § 63.7 and paragraphs (j)(1) through (3) of this section.


(1) Determine the concentration of PM according to the following test methods in 40 CFR part 60, appendix A:


(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 and 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. You may use ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses (incorporated by reference – see § 63.14) as an alternative to EPA Method 3B.


(iv) Method 4 to determine the moisture content of the stack gas.


(v) Method 5 or 5D to determine the concentration of particulate matter (front half filterable catch only). Three valid test runs are needed to comprise a performance test.


(2) During the test, you must operate each emissions source within ±10 percent of the normal process rate specified in your notification of compliance status. You must monitor and record the process rate during the test.


(3) Compute the mass emissions (E) in pounds per hour (lb/hr) for each test run using Equation 1 of this section and the process rate measured during the test. The PM emissions in lb/hr must be less than the allowable PM emissions rate for the emissions source.





Where:

E = Mass emissions of PM, pounds per hour (lb/hr);

C = Concentration of PM, grains per dry standard cubic foot (gr/dscf);

Q = Volumetric flow rate of stack gas, dry standard cubic foot per hour (dscf/hr); and

K = Conversion factor, 7,000 grains per pound (gr/lb).

(k) Startups, shutdown, and malfunctions. The requirements in paragraphs (k)(1) and (2) of this section apply to the owner or operator of a new or existing affected source.


(1) Except as provided in paragraph (k)(2) of this section, you must report emissions in excess of a PM emissions limit established by this subpart lasting for more than 4 hours that result from a malfunction, a breakdown of process or control equipment, or any other abnormal condition by 9 a.m. of the next business day of becoming aware of the occurrence. You must provide the name and location of the facility, the nature and cause of the malfunction or breakdown, the time when the malfunction or breakdown is first observed, the expected duration, and the estimated rate of emissions. You must also notify EPA or the delegated authority immediately when corrected measures have been accomplished and, if requested, submit a written report within 15 days after the request.


(2) As an alternative to the requirements in paragraph (k)(1) of this section, you must comply with the startup, shutdown, and malfunction requirements in § 63.6(e)(3).


[72 FR 38905, July 16, 2007, as amended at 73 FR 15928, Mar. 26, 2008]


Other Requirements and Information

§ 63.11411 What General Provisions apply to this subpart?

(a) You must comply with the requirements of the General Provisions in 40 CFR part 63, subpart A as specified in Table 2 to this subpart.


(b) Your notification of compliance status required by § 63.9(h) must include the following information for a new or existing affected source:


(1) This certification of compliance, signed by a responsible official, for the standards in § 63.11409(a): “This facility complies with the management practice requirements in § 63.11409(a) for installation and operation of capture systems for each emissions source subject to an emissions limit in § 63.11409(b).”


(2) This certification of compliance by the owner or operator of an existing source (if applicable), signed by a responsible official, for the emissions limits in § 63.11409(b): “This facility complies with the emissions limits in § 63.11409(b) based on a previous performance test in accordance with § 63.11410(i).”


(3) The process rate for each emissions source subject to an emissions limit in § 63.11409(b) that represents normal and representative production operations.


(4) The procedures used to measure and record the process rate for each emissions source subject to an emissions limit in § 63.11409(b).


(5) This certification of compliance by the owner or operator of an existing affected source, signed by a responsible official, for the control device inspection and maintenance requirements in § 63.11410(b) through (d): “This facility has conducted an initial inspection of each control device according to the requirements in § 63.11410(b), will conduct periodic inspections and maintenance of control devices in accordance with § 63.11410(c), and will maintain records of each inspection and maintenance action in the logbook required by § 63.11410(d).”


(6) This certification of compliance by the owner or operator of a new affected source, signed by a responsible official, for the bag leak detection system monitoring plan requirement in § 63.11410(g)(2): “This facility has an approved bag leak detection system monitoring plan in accordance with § 63.11410(g)(2).”


(7) Performance test results for each emissions unit at a new affected source (or each emissions source at an existing affected source if a test is required) in accordance with § 63.11410(j). The performance test results for a new affected source must identify the daily average parameter operating limit for each PM control device.


(8) If applicable, this certification of compliance by the owner or operator of a new or existing source, signed by a responsible official, for the requirement in paragraph (k)(2) of this section to comply with the startup, shutdown, and malfunction provisions in 40 CFR 63.6(e)(3): “This facility has prepared a startup, shutdown, and malfunction plan in accordance with 40 CFR 63.6(e)(3)”.


§ 63.11412 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:


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, light scattering, light transmittance, or other effect to continuously monitor relative particulate matter loadings.


Chromic acid means chromium trioxide (CrO3). It is produced by the electrolytic reaction or acidification of sodium dichromate.


Chromium compounds manufacturing means any process that uses chromite ore as the basic feedstock to manufacture chromium compounds, primarily sodium dichromate, chromic acid, and chromic oxide.


Chromium compounds manufacturing facility means the collection of processes and equipment at a plant engaged in chromium compounds manufacturing.


Chromite ore means an oxide of chromium and iron (FeCr2O4) that is the primary feedstock for chromium compounds manufacturing.


Chromic oxide means Cr2O3. In the production of chromic oxide, ammonium sulfate and sodium dichromate that have been concentrated by evaporation are mixed and fed to a rotary roasting kiln to produce chromic oxide, sodium sulfate and nitrogen gas.


Roasting means a heating (oxidizing) process where ground chromite ore is mixed with alkaline material (such as soda ash, sodium bicarbonate, and sodium hydroxide) and fed to a rotary kiln where it is heated to about 2,000 F, converting the majority of the chromium in the ore from trivalent to hexavalent chromium.


Sodium chromate means Na2CrO4. It is produced by roasting chromite ore in a rotary kiln.


Sodium dichromate means sodium bichromate or sodium bichromate dihydrate and is known technically as sodium dichromate dihydrate (Na2Cr2O7 • 2H2O). It is produced by the electrolytic reaction or acidification of sodium chromate.


§ 63.11413 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as a State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or tribal agency pursuant to 40 CFR part 63, subpart E, 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 a 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 the U.S. EPA and are not transferred to the State, local, or tribal agency.


(1) Approval of an alternative non-opacity emissions standard under § 63.6(g).


(2) Approval of a major change to test methods under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in § 63.90.


(3) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” is defined in § 63.90.


(4) Approval of a major change to recordkeeping/reporting under § 63.10(f). A “major change to recordkeeping/reporting” is defined in § 63.90.


As required in § 63.11409, you must install and operate capture systems and comply with the applicable emissions limit for each emissions source shown in the following table.


[72 FR 38905, July 16, 2007, as amended at 73 FR 15928, Mar. 26, 2008]


Table 1 to Subpart NNNNNN of Part 63 – HAP Emissions Sources

Process
Emissions sources
1. Sodium chromate productiona. Ball mill used to grind chromite ore.
b. Dryer used to dry chromite ore.
c. Rotary kiln used to roast chromite ore to produce sodium chromate.
d. Secondary rotary kiln used to recycle and refine residues containing chromium compounds.
e. Residue dryer system.
f. Quench tanks.
2. Sodium dichromate productiona. Stack on the electrolytic cell system used to produce sodium dichromate.
b. Sodium dichromate crystallization unit.
c. Sodium dichromate drying unit.
3. Chromic acid productiona. Electrolytic cell system used to produce chromic acid.
b. Melter used to produce chromic acid.
c. Chromic acid crystallization unit.
d. Chromic acid dryer.
4. Chromic oxide productiona. Primary rotary roasting kiln used to produce chromic oxide.
b. Chromic oxide filter.
c. Chromic oxide dryer.
d. Chromic oxide grinding unit.
e. Chromic oxide storage vessel.
f. Secondary rotary roasting kiln.
g. Quench tanks.
5. Chromium hydrate productiona. Furnace used to produce chromium hydrate.
b. Chromium hydrate grinding unit.

As required in § 63.11411(a), you must comply with the requirements of the General Provisions (40 CFR part 63, subpart A) as shown in the following table.


Table 2 to Subpart NNNNNN of Part 63 – Applicability of General Provisions to Subpart NNNNNN

Citation
Subject
Applies
Explanation
63.1(a)(1), (a)(2), (a)(3), (a)(4), (a)(6), (a)(10)-(a)(12), (b)(1), (b)(3), (c)(1), (c)(2), (c)(5), (e)ApplicabilityYes.
63.1(a)(5), (a)(7)-(a)(9), (b)(2), (c)(3), (c)(4), (d)ReservedNo.
63.2DefinitionsYes.
63.3Units and AbbreviationsYes.
63.4Prohibited Activities and CircumventionYes.
63.5Preconstruction Review and Notification RequirementsNo.
63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1), (c)(2), (c)(5), (e)(1), (e)(3)(i), (e)(3)(iii)-(e)(3)(ix), (f), (g), (i), (j)Compliance with Standards and Maintenance RequirementsYesThe startup, shutdown, and malfunction requirements in § 63.6(e)(3) apply at new and existing area sources that choose to comply with § 63.11410(k)(2) instead of the requirements in § 63.11410(k)(1).
63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), (e)(3)(ii), (h)(3), (h)(5)(iv)ReservedNo.
63.6(h)(1)-(h)(4), (h)(5)(i)-(h)(5)(iii), (h)(6)-(h)(9)NoSubpart NNNNNN does not include opacity or visible emissions standards or require a continuous opacity monitoring system.
63.7(a), (e), (f), (g), (h)Performance Testing RequirementsYesSubpart NNNNNN requires a performance test for a new source; a test for an existing source is not required under the conditions specified in § 63.11410(i).
63.7(b), (c)Yes/NoRequirements for notification of performance test and for quality assurance program apply to new area sources but not existing area sources.
63.8(a)(1), (a)(2), (b), (c)(1)-(c)(3), (f)(1)-(5)Monitoring RequirementsYes.
63.8(a)(3)ReservedNo.
63.8(a)(4)NoSubpart NNNNNN does not require flares.
63.8(c)(4)-(c)(8), (d), (e), (f)(6), (g)NoSubpart NNNNNN establishes requirements for continuous parameter monitoring systems.
63.9(a), (b)(1), (b)(5), (c), (d), (i), (j)Notification RequirementsYes.
63.9(e)Yes/NoNotification of performance test is required only for new area sources.
63.9(b)(2)Yes.
63.9(b)(3), (h)(4)ReservedNo.
63.9(b)(4), (h)(5)No.
63.9(f), (g)NoSubpart NNNNNN does not include opacity or visible emissions standards or require a continuous opacity monitoring system or continuous emissions monitoring system.
63.9(h)(1)-(h)(3), (h)(6)Yes.
63.10(a), (b)(1), (b)(2)(xii), (b)(2)(xiv), (b)(3)Recordkeeping RequirementsYes.
63.10(b)(2)(i)-(b)(2)(v)Yes.Recordkeeping requirements for startups, shutdowns, and malfunctions apply to new and existing area sources that choose to comply with § 63.11410(k)(2).
63.10(b)(2)(vi)-(b)(2)(ix), (c)(1), (c)(5)-(c)(14)Yes/NoRequirements apply to continuous parameter monitoring systems at new area sources but not existing area sources.
63.10(b)(2)(vii)(A)-(B), (b)(2)(x), (b)(2)(xiii)No.
63.10(c)(2)-(c)(4), (c)(9)ReservedNo.
63.10(d)(1), (d)(4), (f)Reporting RequirementsYes.
63.10(d)(2)YesReport of performance test results applies to new area sources; the results of a previous test may be submitted for an existing area source under the conditions specified in § 63.11410(i).
63.10(d)(3)NoSubpart NNNNNN does not include opacity or visible emissions limits.
63.10(d)(5)YesRequirements for startup, shutdown, and malfunction reports apply to new and existing area sources that choose to comply with § 63.11410(k)(2).
63.10(e)(1)-(e)(2), (e)(4)NoSubpart NNNNNN does not require a continuous emissions monitoring system or continuous opacity monitoring system.
63.10(e)(3)Yes/NoSemiannual reporting requirements apply to new area sources but not existing area sources.
63.11Control Device RequirementsNoSubpart NNNNNN does not require flares.
63.12State Authorities and DelegationsYes.
63.13AddressesYes.
63.14Incorporations by ReferenceYes.
63.15Availability of Information and ConfidentialityYes.
63.16Performance Track ProvisionsYes.

Subpart OOOOOO – National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production and Fabrication Area Sources


Source:72 FR 38910, July 16, 2007, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11414 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate an area source of hazardous air pollutant (HAP) emissions that meets the criteria in paragraph (a)(1) or (2) of this section.


(1) You own or operate a plant that produces flexible polyurethane foam or rebond foam as defined in § 63.1292 of subpart III.


(2) You own or operate a flexible polyurethane foam fabrication facility, as defined in § 63.11419.


(b) The provisions of this subpart apply to each new and existing affected source that meets the criteria listed in paragraphs (b)(1) through (4) of this section.


(1) A slabstock flexible polyurethane foam production affected source is the collection of all equipment and activities necessary to produce slabstock flexible polyurethane foam.


(2) A molded flexible polyurethane foam production affected source is the collection of all equipment and activities necessary to produce molded foam.


(3) A rebond foam production affected source is the collection of all equipment and activities necessary to produce rebond foam.


(4) A flexible polyurethane foam fabrication affected source is the collection of all equipment and activities at a flexible polyurethane foam fabrication facility where adhesives are used to bond foam to foam or other substrates. Equipment and activities at flexible polyurethane foam fabrication facilities which do not use adhesives to bond foam to foam or other substrates are not flexible polyurethane foam fabrication affected sources.


(c) An affected source is existing if you commenced construction or reconstruction of the affected source on or before April 4, 2007.


(d) An affected source is new if you commenced construction or reconstruction of the affected source after April 4, 2007.


(e) This subpart does not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).


(f) You are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, provided you are not otherwise required by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a). Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart.


§ 63.11415 What are my compliance dates?

(a) If you own or operate an existing slabstock flexible polyurethane foam production affected source, you must achieve compliance with the applicable provisions in this subpart by July 16, 2008.


(b) If you own or operate an existing molded flexible polyurethane foam affected source, an existing rebond foam production affected sources, or an existing flexible polyurethane foam fabrication affected source, you must achieve compliance with the applicable provisions in this subpart by July 16, 2007.


(c) If you startup a new affected source on or before July 16, 2007, you must achieve compliance with the applicable provisions in this subpart not later than July 16, 2007.


(d) If you startup a new affected source after July 16, 2007, you must achieve compliance with the provisions in this subpart upon startup of your affected source.


Standards and Compliance Requirements

§ 63.11416 What are the standards for new and existing sources?

(a) If you own or operate a slabstock flexible polyurethane foam production affected source, you must meet the requirements in paragraph (b) of this section. If you own or operate a molded foam affected source, you must meet the requirements in paragraph (c) of this section. If you own or operate a rebond foam affected source, you must meet the requirements in paragraph (d) of this section. If you own or operate a flexible polyurethane foam fabrication affected source, you must meet the requirements in paragraph (e) of this section.


(b) If you own or operate a new or existing slabstock polyurethane foam production affected source, you must not use any material containing methylene chloride for any purpose in any slabstock flexible foam production process.


(c) If you own or operate a new or existing molded foam affected source, you must comply with the requirements in paragraphs (c)(1) and (2) of this section.


(1) You must not use a material containing methylene chloride as an equipment cleaner to flush the mixhead or use a material containing methylene chloride elsewhere as an equipment cleaner in a molded flexible polyurethane foam process.


(2) You must not use a mold release agent containing methylene chloride in a molded flexible polyurethane foam process.


(d) If you own or operate a new or existing rebond foam affected source, you must comply with the requirements in paragraphs (d)(1) and (2) of this section.


(1) You must not use a material containing methylene chloride as an equipment cleaner in a rebond foam process.


(2) You must not use a mold release agent containing methylene chloride in a rebond foam process.


(e) If you own or operate a new or existing flexible polyurethane foam fabrication affected source, you must not use any adhesive containing methylene chloride in a flexible polyurethane foam fabrication process.


(f) You may demonstrate compliance with the requirements in paragraphs (b) through (e) of this section using adhesive usage records, Material Safety Data Sheets, and engineering calculations.


[72 FR 38910, July 16, 2007, as amended at 73 FR 15928, Mar. 23, 2008; 86 FR 64407, Nov. 18, 2021]


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

(a) If you own or operate a slabstock flexible polyurethane foam production affected source, you must comply with the requirements in paragraph (b) of this section. If you own or operate a molded foam affected source, rebond foam affected source, or a loop slitter at a flexible polyurethane foam fabrication affected source you must comply with the requirements in paragraphs (c) and (d) of this section.


(b) Each owner or operator of a new or existing slabstock flexible polyurethane foam production affected source must comply with paragraphs (b)(2) and (3) of this section.


(1) [Reserved]


(2) You must submit a notification of compliance status report no later than 180 days after your compliance date. The report must contain this certification of compliance, signed by a responsible official, for the standards in § 63.11416(b): “This facility uses no material containing methylene chloride for any purpose on any slabstock flexible foam process.”


(3) You must maintain records of the information used to demonstrate compliance, as required in § 63.11416(f). You must maintain the records for 5 years, with the last 2 years of data retained on site. The remaining 3 years of data may be maintained off site.


(c) You must have a compliance certification on file by the compliance date. This certification must contain the statements in paragraph (c)(1), (2), or (3) of this section, as applicable, and must be signed by a responsible official.


(1) For a molded foam affected source:


(i) “This facility does not use any equipment cleaner to flush the mixhead which contains methylene chloride, or any other equipment cleaner containing methylene chloride in a molded flexible polyurethane foam process in accordance with § 63.11416(c)(1).”


(ii) “This facility does not use any mold release agent containing methylene chloride in a molded flexible polyurethane foam process in accordance with § 63.11416(c)(2).”


(2) For a rebond foam affected source:


(i) “This facility does not use any equipment cleaner which contains methylene chloride in a rebond flexible polyurethane foam process in accordance with § 63.11416(d)(1).”


(ii) “This facility does not use any mold release agent containing methylene chloride in a rebond flexible polyurethane foam process in accordance with § 63.11416(d)(2).”


(3) For a flexible polyurethane foam fabrication affected source containing a loop slitter: “This facility does not use any adhesive containing methylene chloride on a loop slitter process in accordance with § 63.11416(e).”


(d) For molded foam affected sources, rebond foam affected sources, and flexible polyurethane foam fabrication affected sources containing a loop slitter, you must maintain records of the information used to demonstrate compliance, as required in § 63.11416(f). You must maintain the records for 5 years, with the last 2 years of data retained on site. The remaining 3 years of data may be maintained off site.


[72 FR 38910, July 16, 2007, as amended at 73 FR 15929, Mar. 26, 2008; 86 FR 64407, Nov. 18, 2021]


Other Requirements and Information

§ 63.11418 What General Provisions apply to this subpart?

The provisions in 40 CFR part 63, subpart A, do not apply to sources subject to this subpart.


[86 FR 64407, Nov. 18, 2021]


§ 63.11419 What definitions apply to this subpart?

The terms used in this subpart are defined in the CAA; § 63.1292 of subpart III; § 63.8830 of subpart MMMMM; § 63.2 of subpart A; and in this section as follows:


Flexible polyurethane foam fabrication facility means a facility where pieces of flexible polyurethane foam are cut, bonded, and/or laminated together or to other substrates.


§ 63.11420 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority such as a State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or tribal agency pursuant to 40 CFR part 63, subpart E, 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 a State, local, or tribal agency within your State.


(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 approval authorities contained in paragraphs (b)(1) through (4) of this section are retained by the Administrator of the U.S. EPA and are not transferred to the State, local, or tribal agency.


(1) Approval of an alternative non-opacity emissions standard under § 63.6(g).


(2) Approval of a major change to test methods under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in § 63.90.


(3) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” is defined in § 63.90.


(4) Approval of a major change to recordkeeping/reporting under § 63.10(f). A “major change to recordkeeping/reporting” is defined in § 63.90.


[72 FR 38910, July 16, 2007, as amended at 73 FR 15929, Mar. 26, 2008]


Subpart PPPPPP – National Emission Standards for Hazardous Air Pollutants for Lead Acid Battery Manufacturing Area Sources


Source:72 FR 38913, July 16, 2007, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11421 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a lead acid battery manufacturing plant or a lead acid battery component manufacturing plant that is an area source of hazardous air pollutants (HAP) emissions.


(b) This subpart applies to each new or existing affected source. The affected source is each plant that is either a lead acid battery manufacturing plant or a lead acid battery component manufacturing plant. For each lead acid battery manufacturing plant, the affected source includes all grid casting facilities, paste mixing facilities, three-process operation facilities, lead oxide manufacturing facilities, lead reclamation facilities, and any other lead-emitting operation that is associated with the lead acid battery manufacturing plant. For each lead acid battery component manufacturing plant, the affected source includes all grid casting facilities, paste mixing facilities, three-process operation facilities, and lead oxide manufacturing facilities.


(1) A lead acid battery manufacturing plant affected source is existing if you commenced construction or reconstruction of the affected source on or before April 4, 2007.


(2) A lead acid battery manufacturing plant affected source is new if you commenced construction or reconstruction of the affected source after April 4, 2007.


(3) A lead acid battery component manufacturing plant affected source is existing if you commenced construction or reconstruction of the affected source on or before February 23, 2022.


(4) A lead acid battery component manufacturing plant affected source is new if you commenced construction or reconstruction of the affected source after February 23, 2022.


(c) This subpart does not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).


(d) You are exempt from the obligation to obtain a permit under 40 CFR part 70 or 71, provided you are not otherwise required by law to obtain a permit under 40 CFR 70.3(a) or 71.3(a). Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart.


(e) For lead acid battery component manufacturing plants, you are exempt from the requirements of §§ 63.11422 through 63.11427 if the conditions of paragraphs (e)(1) through (3) of this section are met.


(1) The grid casting facility, paste mixing facility, three-process operation facility, or lead oxide manufacturing facility is subject to another subpart under this part.


(2) You control lead emissions from the grid casting facility, paste mixing facility, three-process operation facility, or lead oxide manufacturing facility in compliance with the standards specified in the applicable subpart.


(3) The other applicable subpart under this part does not exempt the grid casting facility, paste mixing facility, three-process operation facility, or lead oxide manufacturing facility from the emission limitations or work practice requirements of that subpart. This means you comply 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 lead emissions to levels specified by the applicable subpart).


[88 FR 11589, Feb. 23, 2022]


§ 63.11422 What are my compliance dates?

(a) If you own or operate a lead acid battery manufacturing plant existing affected source, you must achieve compliance with the applicable provisions in this subpart by no later than July 16, 2008, except as specified in paragraphs (e) through (h) of this section.


(b) If you start up a new lead acid battery manufacturing plant affected source on or before July 16, 2007, you must achieve compliance with the applicable provisions in this subpart not later than July 16, 2007, except as specified in paragraphs (e) through (h) of this section.


(c) If you start up a new lead acid battery manufacturing plant affected source after July 16, 2007, but on or before February 23, 2022, you must achieve compliance with the applicable provisions in this subpart upon startup of your affected source, except as specified in paragraphs (e) through (h) this section.


(d) If you start up a new lead acid battery manufacturing plant or lead acid battery component manufacturing plant affected source after February 23, 2022, you must achieve compliance with the applicable provisions in this subpart not later than February 23, 2023, or upon initial startup of your affected source, whichever is later.


(e) Until February 23, 2026, lead acid battery manufacturing plant affected sources that commenced construction or reconstruction on or before February 23, 2023, must meet all the standards for lead and opacity in 40 CFR 60.372 and the requirements of § 63.11423(a)(1).


(f) Lead acid battery manufacturing plant affected sources that commenced construction or reconstruction on or before February 23, 2023, must comply with the requirements in § 63.11423(a)(2) by February 23, 2026. All affected sources that commence construction or reconstruction after February 23, 2023, must comply with the requirements in § 63.11423(a)(2) by initial startup or February 23, 2023, whichever is later.


(g) Lead acid battery manufacturing plant affected sources that commenced construction or reconstruction on or before February 23, 2023, must comply with the requirements of § 63.11423(a)(3) by August 22, 2023. All affected sources that commence construction or reconstruction after February 23, 2023, must comply with the requirements of § 63.11423(a)(3) by initial startup or February 23, 2023, whichever is later.


(h) After February 23, 2023, lead acid battery manufacturing plant affected sources must comply with the startup, shutdown, and malfunction requirements specified in table 3 to this subpart except that you must comply with the recordkeeping requirements that table 3 refers to in § 63.11424(a)(5) by May 24, 2023.


(i) If you own or operate a lead acid battery component manufacturing plant existing affected source, you must achieve compliance with the applicable provisions in this subpart by no later than February 23, 2026.


[88 FR 11589, Feb. 23, 2023]


Standards and Compliance Requirements

§ 63.11423 What are the standards and compliance requirements for new and existing sources?

(a) You must meet all the standards for lead and opacity as specified in paragraphs (a)(1) through (3) of this section.


(1) Until the compliance date specified in § 63.11422(e), lead acid battery manufacturing plant affected sources must comply with paragraph (a)(1)(i) or (ii) of this section.


(i) You meet all the standards for lead and opacity in 40 CFR 60.372 and the requirements of paragraphs (a)(4) and (5), (b), and (c)(1) through (3) of this section.


(ii) You comply with paragraph (a)(2) of this section.


(2) Beginning no later than the applicable compliance date specified in § 63.11422(f) or (i), you must meet each emission limit in table 1 to this subpart and each opacity standard in table 2 to this subpart that applies to you; you must meet the requirements of paragraphs (a)(4) and (5), (c), and (d) of this section; and you must also comply with the recordkeeping and electronic reporting requirements in § 63.11424(a)(6) and (7) and (b).


(3) Beginning no later than the applicable compliance date specified in § 63.11422(g) or (i), you must comply with the monitoring requirements in paragraph (e) of this section, the recordkeeping and electronic reporting requirements in § 63.11424(a)(1) through (5) and (c) through (f), and the definition of lead reclamation in § 63.11426.


(4) 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 in this part 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.


(5) When two or more facilities at the same plant (except the lead oxide manufacturing facility) are ducted to a common control device, an equivalent standard for the total exhaust from the commonly controlled facilities must be determined using equation 1 to this paragraph (a)(5) as follows:




Where:

Se = is the equivalent standard for the total exhaust stream, mg/dscm (gr/dscf).

Sa = is the actual standard for each exhaust stream ducted to the control device, mg/dscm (gr/dscf).

N = is the total number of exhaust streams ducted to the control device.

Qsda = is the dry standard volumetric flow rate of the effluent gas stream from each facility ducted to the control device, dscm/hr (dscf/hr).

QsdT = is the total dry standard volumetric flow rate of all effluent gas streams ducted to the control device, dscm/hr (dscf/hr).

(b) As specified in paragraph (a) of this section, you must meet the monitoring requirements in paragraphs (b)(1) and (2) of this section.


(1) For any emissions point controlled by a scrubbing system, you must meet the requirements in 40 CFR 60.373.


(2) For any emissions point controlled by a fabric filter, you must meet the requirements of paragraph (b)(2)(i) of this section and either paragraph (b)(2)(ii) or (iii) of this section. Fabric filters equipped with a high efficiency particulate air (HEPA) filter or other secondary filter are allowed to monitor less frequently, as specified in paragraph (b)(2)(iv) of this section.


(i) You must perform semiannual inspections and maintenance to ensure proper performance of each fabric filter. This includes inspection of structural and filter integrity. You must record the results of these inspections.


(ii) You must install, maintain, and operate a pressure drop monitoring device to measure the differential pressure drop across the fabric filter during all times when the process is operating. The pressure drop must be recorded at least once per day. If a pressure drop is observed outside of the normal operational ranges as specified by the manufacturer, you must record the incident and take immediate corrective actions. You must also record the corrective actions taken. You must submit a monitoring system performance report in accordance with § 63.10(e)(3).


(iii) You must conduct a visible emissions observation at least once per day while the process is in operation to verify that no visible emissions are occurring at the discharge point to the atmosphere from any emissions source subject to the requirements of paragraph (a) of this section. If visible emissions are detected, you must record the incident and conduct an opacity measurement in accordance with 40 CFR 60.374(b)(3). You must record the results of each opacity measurement. If the measurement exceeds the applicable opacity standard in 40 CFR 60.372(a)(7) or (8), you must submit this information in an excess emissions report required under § 63.10(e)(3).


(iv) Fabric filters equipped with a HEPA filter or other secondary filter are allowed to monitor less frequently, as specified in paragraph (b)(2)(iv)(A) or (B) of this section.


(A) If you are using a pressure drop monitoring device to measure the differential pressure drop across the fabric filter in accordance with paragraph (b)(2)(ii) of this section, you must record the pressure drop at least once per week. If a pressure drop is observed outside of the normal operational ranges as specified by the manufacturer, you must record the incident and take immediate corrective actions. You must also record the corrective actions taken. You must submit a monitoring system performance report in accordance with § 63.10(e)(3).


(B) If you are conducting visible emissions observations in accordance with paragraph (b)(2)(iii) of this section, you must conduct such observations at least once per week and record the results in accordance with paragraph (b)(2)(iii) of this section. If visible emissions are detected, you must record the incident and conduct an opacity measurement in accordance with 40 CFR 60.374(b)(3). You must record the results of each opacity measurement. If the measurement exceeds the applicable opacity standard in 40 CFR 60.372(a)(7) or (8), you must submit this information in an excess emissions report required under § 63.10(e)(3).


(c) As specified in paragraph (a) of this section, you must meet the performance testing requirements in paragraphs (c)(1) through (6) of this section.


(1) Existing sources are not required to conduct an initial performance test if a prior performance test was conducted using the same methods specified in this section and either no process changes have been made since the test, or you can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance with this subpart despite process changes.


(2) Sources without a prior performance test, as described in paragraph (c)(1) of this section, must conduct an initial performance test using the methods specified in paragraphs (c)(2)(i) through (iv) of this section.


(i) EPA Method 12 or EPA Method 29 of appendix A to 40 CFR part 60 must be used to determine the lead concentration (CPb) and the volumetric flow rate (Qsda) of the effluent gas. The sampling time and the sample volume for each run must be at least 60 minutes and 0.85 dscm (30 dscf).


(ii) EPA Method 9 of appendix A to 40 CFR part 60 and the procedures in § 63.6(h) must be used to determine opacity. The opacity numbers must be rounded off to the nearest whole percentage. Or, as an alternative to Method 9, you may use ASTM D7520-16 (incorporated by reference, see § 63.14) with the caveats in paragraphs (c)(4)(ii)(A) through (E) of this section.


(A) 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).


(B) 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.


(C) You must follow the recordkeeping procedures outlined in § 63.10(b)(1) for the DCOT certification, compliance report, data sheets, and all raw unaltered JPEGs used for opacity and certification determination.


(D) 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.


(E) 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.


(iii) When different operations in a three-process operation facility are ducted to separate control devices, the lead emission concentration (C) from the facility must be determined using equation 2 to this paragraph (c)(2)(iii) as follows:




Where:

C = concentration of lead emissions for the entire facility, mg/dscm (gr/dscf).

Ca = concentration of lead emissions from facility “a,” mg/dscm (gr/dscf).

Qsda = volumetric flow rate of effluent gas from facility “a,” dscm/hr (dscf/hr).

n = total number of control devices to which separate operations in the facility are ducted.

(iv) For a lead oxide manufacturing facility, the lead emission rate must be determined as specified in paragraphs (c)(2)(iv)(A) and (B) of this section.


(A) The emission rate (E) from lead oxide manufacturing facility must be computed for each run using equation 3 to this paragraph (c)(2)(iv)(A) as follows:




Where:

E = emission rate of lead, mg/kg (lb/ton) of lead charged.

CPbi = concentration of lead from emission point “i,” mg/dscm (gr/dscf).

Qsdi = volumetric flow rate of effluent gas from emission point “i,” dscm/hr (dscf/hr).

M = number of emission points in the affected facility.

P = lead feed rate to the facility, kg/hr (ton/hr).

K = conversion factor, 1.0 mg/mg (7000 gr/lb).

(B) The average lead feed rate (P) must be determined for each run using equation 4 to this paragraph (c)(2)(iv)(B) as follows:




Where:

N = number of lead ingots charged.

W = average mass of the lead ingots, kg (ton).

Θ = duration of run, hr.

(3) In conducting the initial performance tests required in § 63.7, you must use as reference methods and procedures the test methods in appendix A to 40 CFR part 60 or other methods and procedures as specified in this section, except as provided in § 63.7(f).


(4) After the initial performance test described in paragraphs (c)(1) through (3) of this section, you must conduct subsequent performance tests every 5 years to demonstrate compliance with each applicable emissions limitations and opacity standards. Within three years of February 23, 2023, performance testing must be conducted for each affected source subject to an applicable emissions limitation in tables 1 and 2 to this subpart that has not had a performance test within the last 5 years, except as described in paragraph (c)(6) of this section. Thereafter, subsequent performance tests for each affected source must be completed no less frequently than every 5 years from the date the emissions source was last tested.


(5) In lieu of conducting subsequent performance tests for each affected source, you may elect to group similar affected sources together and conduct subsequent performance tests on one representative affected source within each group of similar affected sources. The determination of whether affected sources are similar must meet the criteria in paragraph (c)(5)(i) of this section. If you decide to test representative affected sources, you must prepare and submit a testing plan as described in paragraph (c)(5)(iii) of this section.


(i) If you elect to test representative affected sources, the affected sources that are grouped together must be of the same process type (e.g., grid casting, paste mixing, three-process operations) and also have the same type of air pollution control device (e.g., fabric filters). You cannot group affected sources from different process types or with different air pollution control device types together for the purposes of this section.


(ii) The results of the performance test conducted for the affected source selected as representative of a group of similar affected sources will represent the results for each affected source within the group. In the performance test report, all affected sources in the group will need to be listed.


(iii) If you plan to conduct subsequent performance tests on representative emission units, you must submit a test plan. This test plan must be submitted to the Administrator or delegated authority for review and approval no later than 90 days prior to the first scheduled performance test. The test plan must contain the information specified in paragraphs (c)(5)(iii)(A) through (C) of this section.


(A) A list of all emission units. This list must clearly identify all emission units that have been grouped together as similar emission units. Within each group of emission units, you must identify the emission unit that will be the representative unit for that group and subject to performance testing.


(B) A list of the process type and type of air pollution control device on each emission unit.


(C) A date of last test for each emission unit and a schedule indicating when you will conduct performance tests for each emission unit within the representative groups.


(iv) If you conduct subsequent performance tests on representative emission units, the unit with the oldest test must be tested first, and each subsequent performance test must be performed for a different unit until all units in the group have been tested. The order of testing for each subsequent test must proceed such that the unit in the group with the least recent performance test is the next unit to be tested.


(6) 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. You must make available to the Administrator in the test report, records as may be necessary to determine the conditions of performance tests.


(d) Beginning no later than the applicable compliance date specified in § 63.11422(f) or (i), you must prepare and, at all times, operate according to a fugitive dust mitigation plan that describes in detail the measures that will be put in place and implemented to control fugitive dust emissions in the lead oxide unloading and storage areas. You must prepare a fugitive dust mitigation plan according to the requirements in paragraphs (d)(1) and (2) of this section.


(1) You must submit the fugitive dust mitigation plan to the Administrator or delegated authority for review and approval when initially developed and any time changes are made.


(2) The fugitive dust mitigation plan must at a minimum include the requirements specified in paragraphs (d)(2)(i) through (iv) of this section.


(i) Cleaning lead oxide unloading and storage areas. Surfaces traversed during vehicular material transfer activity in lead oxide unloading and storage areas must be cleaned at least once per month, by wet wash or a vacuum equipped with a filter rated by the manufacturer to achieve 99.97 percent capture efficiency for 0.3 micron particles in a manner that does not generate fugitive lead dust, except when sand or a similar material has been spread on the area to provide traction on ice or snow.


(ii) Spills in lead oxide unloading and storage areas. For any leak or spill that occurs during the unloading and storage process, complete washing or vacuuming the area to remove all spilled or leaked lead bearing material within 2 hours of the leak or spill occurrence.


(iii) Materials storage. Dust forming materials (that contain lead or lead compounds) must be stored in sealed, leak-proof containers or in a total enclosure.


(iv) Records. The fugitive dust mitigation plan must specify that records be maintained of all cleaning performed under paragraph (d)(2)(i) and (ii) of this section.


(e) Beginning no later than the applicable compliance date specified in § 63.11422(g) or (i), you must meet the monitoring requirements in paragraphs (e)(1) through (5) of this section.


(1) For any emissions point controlled by a scrubbing system, you must install, calibrate, maintain, and operate a monitoring device(s) that measures and records the liquid flow rate and pressure drop across the scrubbing system(s) at least once every 15 minutes. The monitoring device must have an accuracy of ±5 percent over its operating range. The operating liquid flow rate must be maintained within ±10 percent of the average liquid flow rate during the most recent performance test. If a liquid flow rate or pressure drop is observed outside of the normal operational ranges as you must record the incident and take immediate corrective actions. You must also record the corrective actions taken. You must submit an excess emissions and continuous monitoring system performance report and summary report required under § 63.11424(c).


(2) Emissions points controlled by a fabric filter without a secondary filter must meet the requirements of paragraphs (e)(2)(i) and (ii) of this section and either paragraph (e)(2)(iii) or (iv) of this section.


(i) You must perform quarterly inspections and maintenance to ensure proper performance of each fabric filter. This includes inspection of structural and filter integrity.


(ii) If it is not possible for you to take the corrective actions specified in paragraph (e)(2)(iii)(C) or (D) of this section for a process or fabric filter control device, you must keep at least one replacement fabric filter onsite at all times for that process or fabric filter control device. The characteristics of the replacement filters must be the same as the current fabric filters in use or have characteristics that would achieve equal or greater emission reductions.


(iii) Install, maintain, and operate a pressure drop monitoring device to measure the differential pressure drop across the fabric filter during all times when the process is operating. The pressure drop must be recorded at least twice per day (at least 8 hours apart) if the results of the most recent performance test indicate that emissions are greater than 50 percent of the lead emissions limit in table 1 to this subpart. The pressure drop must be recorded at least once per day if the results of the most recent performance test indicate that emissions are less than or equal to 50 percent of the lead emissions limit in table 1. If a pressure drop is observed outside of the normal operational ranges, you must record the incident and take immediate corrective actions. You must submit an excess emissions and continuous monitoring system performance report and summary report required under § 63.11424(c). You must also record the corrective actions taken and verify pressure drop is within normal operational range. These corrective actions may include but are not limited to those provided in paragraphs (e)(2)(iii)(A) through (D) of this section.


(A) Inspecting the filter and filter housing for air leaks and torn or broken filters.


(B) Replacing defective filter media, or otherwise repairing the control device.


(C) Sealing off a defective control device by routing air to other control devices.


(D) Shutting down the process producing the lead emissions.


(iv) Conduct a visible emissions observation using EPA Method 9 or EPA Method 22 of appendix A to 40 CFR part 60 while the process is in operation to verify that no visible emissions are occurring at the discharge point to the atmosphere from any emissions source subject to the requirements of paragraph (a) of this section. The visible emissions observation must be conducted at least twice daily (at least 6 hours apart) if the results of the most recent performance test indicate that emissions are greater than 50 percent of the lead emissions limit in table 1 to this subpart. The visible emissions observation must be conducted at least once per day if the results of the most recent performance test indicate that emissions are less than or equal to 50 percent of the lead emissions limit in table 1. If visible emissions are detected, you must record the incident and submit this information in an excess emissions and continuous monitoring system performance report and summary report required under § 63.11424(c) and take immediate corrective action. You must also record the corrective actions taken. These corrective actions may include but are not limited to those provided in paragraphs (e)(2)(iii)(A) through (D) of this section.


(3) Emissions points controlled by a fabric filter equipped with a secondary filter, such as a HEPA filter, must meet the requirements of paragraphs (e)(3)(i) and (ii) of this section and either paragraph (e)(3)(iii) or (iv) of this section.


(i) You must perform the inspections required in paragraph (e)(2)(i) of this section quarterly.


(ii) If it is not possible for you to take the corrective actions specified in paragraph (e)(2)(iii)(C) or (D) of this section for a process or fabric filter control device, you must keep at least one replacement primary fabric filter and one replacement secondary filter onsite at all times for that process or fabric filter control device. The characteristics of the replacement filters must be the same as the current fabric filters in use or have characteristics that would achieve equal or greater emission reductions.


(iii) You must perform the pressure drop monitoring requirements in paragraph (e)(2)(iii) of this section. You may perform these requirements once weekly rather than once or twice daily.


(iv) You must perform the visible emissions observation requirements in paragraph (e)(2)(iv) of this section. You may perform these requirements weekly rather than once or twice daily.


(4) Beginning no later than the applicable compliance date specified in § 63.11422(g) or (i), if you operate a bag leak detection system, that system must meet the specifications and requirements in paragraphs (e)(4)(i) through (ix) of this section. Emission points controlled by a fabric filter equipped that are monitored with a bag leak detection system meeting the specifications and requirements in paragraphs (e)(4)(i) through (ix) of this section may have the inspections required in paragraph (e)(2)(i) of this section performed semiannually.


(i) The bag leak detection system must be certified by the manufacturer to be capable of detecting particulate matter as lead emissions at concentrations at or below the values in table 1 to this subpart, as applicable to the process for which the fabric filter is used to control emissions. Where the fabric filter is used as a control device for more than one process, the lowest applicable value in table 1 must be used.


(ii) The bag leak detection system sensor must provide output of relative particulate matter loadings.


(iii) The bag leak detection system must be equipped with an alarm system that will alarm when an increase in relative particulate loadings is detected over a preset level.


(iv) You must install and operate the bag leak detection system in a manner consistent with the guidance provided in “Office of Air Quality Planning and Standards (OAQPS) Fabric Filter Bag Leak Detection Guidance” (EPA-454/R-98-015) (incorporated by reference, see § 63.14) and the manufacturer’s written specifications and recommendations for installation, operation, and adjustment of the system.


(v) The initial adjustment of the system must, at a 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.


(vi) Following initial adjustment, you must not adjust the sensitivity or range, averaging period, alarm set points, or alarm delay time, except as detailed in the approved standard operating procedures manual required under paragraph (e)(4)(ix) of this section. You cannot increase the sensitivity by more than 100 percent or decrease the sensitivity by more than 50 percent over a 365-day period unless such adjustment follows a complete fabric filter inspection that demonstrates that the fabric filter is in good operating condition.


(vii) For negative pressure, induced air baghouses, and positive pressure baghouses that are discharged to the atmosphere through a stack, you must install the bag leak detector downstream of the fabric filter.


(viii) Where multiple detectors are required, the system’s instrumentation and alarm may be shared among detectors.


(ix) You must develop a standard operating procedures manual for the bag leak detection system that includes procedures for making system adjustments and a corrective action plan, which specifies the procedures to be followed in the case of a bag leak detection system alarm. The corrective action plan must include, at a minimum, the procedures that you will use to determine and record the time and cause of the alarm as well as the corrective actions taken to minimize emissions as specified in paragraphs (e)(4)(ix)(A) and (B) of this section.


(A) The procedures used to determine the cause of the alarm must be initiated within 30 minutes of the alarm.


(B) The cause of the alarm must be alleviated by taking the necessary corrective action(s) that may include, but not be limited to, those listed in paragraphs (e)(4)(ix)(B)(1) through (6) of this section.


(1) Inspecting the baghouse for air leaks, torn or broken filter elements, or any other malfunction that may cause an increase in emissions.


(2) Sealing off defective bags or filter media.


(3) Replacing defective bags or filter media, or otherwise repairing the control device.


(4) Sealing off defective baghouse compartment.


(5) Cleaning the bag leak detection system probe, or otherwise repairing the bag leak detection system.


(6) Shutting down the process producing the lead emissions.


(5) For continuous monitoring subject to the requirements of § 63.8(d)(2) to develop and implement a continuous monitoring system quality control program, you must keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, you must 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 § 63.8(d)(2).


[88 FR 11590, Feb. 23, 2023]


§ 63.11424 What are the recordkeeping and reporting requirements for this subpart?

(a) You must keep the records specified in this section according to the applicable compliance date in § 63.11422(f) and (g) or (i) and maintain them in a format readily available for review onsite for a period of 5 years.


(1) Records of pressure drop values and the liquid flow rate from the monitoring required in § 63.11423(e)(1) for scrubbing systems.


(2) Records of fabric filter inspections and maintenance activities required in § 63.11423(e)(2)(i) or (e)(3)(i).


(3) Records required under § 63.11423(e)(2)(iii) or (e)(3)(iii) of fabric filter pressure drop, pressure drop observed outside of normal operating ranges as specified by the manufacturer, and corrective actions taken.


(4) Records of the required visible emissions observations in § 63.11423(e)(2)(iv) or (e)(3)(iv).


(5) You must keep the records of failures to meet an applicable standard in this part as specified in paragraphs (a)(5)(i) through (iii) of this section.


(i) In the event that an affected unit fails to meet an applicable standard in this part, record the number of failures. For each failure record the date, time, cause, and duration of each failure.


(ii) For each failure to meet an applicable standard in this part, record and retain a list of the affected sources or equipment, 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.


(iii) Record actions taken to minimize emissions and any corrective actions taken to return the affected unit to its normal or usual manner of operation.


(6) If a bag leak detection system is used under § 63.11423(e)(4), for a period of 5 years keep the records, specified in paragraphs (a)(6)(i) through (iii) of this section.


(i) Electronic records of the bag leak detection system output.


(ii) An identification of the date and time of all bag leak detection system alarms, the time that procedures to determine the cause of the alarm were initiated, the cause of the alarm, an explanation of the corrective actions taken, and the date and time the cause of the alarm was corrected.


(iii) All records of inspections and maintenance activities required under § 63.11423(e)(4).


(7) Records of all cleaning required as part of the practices described in the fugitive dust mitigation plan required under § 63.11423(d)(2)(iii) for the control of fugitive dust emissions.


(b) Beginning on April 24, 2023, within 60 days after the date of completing each performance test or demonstration of compliance required by this subpart, you must submit the results of the performance test following the procedures specified in § 63.9(k) and paragraphs (b)(1) through (3) of this section.


(1) 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/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the performance test to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI), which can be accessed through the EPA’s Central Data Exchange (CDX) (https://cdx.epa.gov/). The data must be submitted in a file format generated using the EPA’s ERT. Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA’s ERT website.


(2) Data collected using test methods that are not supported by the EPA’s ERT as listed on the 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 the EPA’s ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI. If a performance test consists only of opacity measurements, reporting using the ERT and CEDRI is not required.


(3) Data collected containing confidential business information (CBI). All CBI claims must be asserted at the time of submission. Do not use CEDRI to submit information you claim as CBI. Anything submitted using CEDRI cannot later be claimed CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim for some of the information submitted under paragraph (b)(1) or (2) of this section, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated using the EPA’s ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT website. The preferred method to submit CBI is for it to be transmitted electronically using email attachments, File Transfer Protocol (FTP), or other online file sharing services (e.g., Dropbox, OneDrive, Google Drive). Electronic submissions must be transmitted directly to the OAQPS CBI Office at the email address [email protected], and as described in this paragraph (b)(3), should include clear CBI markings and note the docket ID. If assistance is needed with submitting large electronic files that exceed the file size limit for email attachments, and if you do not have your own file sharing service, please email [email protected] to request a file transfer link. If sending CBI information through the postal service, 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: Lead Acid Battery Manufacturing Sector Lead, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA’s CDX as described in paragraphs (b)(1) and (2) of this section. Under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.


(c) Beginning on February 23, 2024, or once the report template for this subpart has been available on the CEDRI website for one year, whichever date is later, you must submit a report of excess emissions and monitoring systems performance report and summary report according to §§ 63.9(k) and 63.10(e)(3) to the Administrator semiannually. Report the number of failures to meet an applicable standard in this part. For each instance, report the date, time, cause, and duration of each failure. For each failure, the report must include a list of the affected sources or equipment, 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. You must use the appropriate electronic report template on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/cedri) or an alternate electronic file consistent with the XML schema listed on the CEDRI website for this subpart. The date report templates become available will be listed on the CEDRI website. Unless the Administrator or delegated state agency or other authority has approved a different schedule for submission of reports, the report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted. Submit all reports to the EPA via CEDRI, which can be accessed through the EPA’s CDX (https://cdx.epa.gov/). The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as CBI. Anything submitted using CEDRI cannot later be claimed CBI. The report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim, follow the requirements specified in paragraph (b)(3) of this section. The same file with the CBI omitted must be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph (c).


(d) Any records required to be maintained by this subpart that are submitted electronically via the 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 the EPA as part of an on-site compliance evaluation.


[88 FR 11594, Feb. 23, 2023]


Other Requirements and Information

§ 63.11425 What General Provisions apply to this subpart?

(a) The provisions in subpart A of this part, that are applicable to this subpart are specified in table 3 to this subpart.


(b) For existing sources, the initial notification required by § 63.9(b) must be submitted not later than November 13, 2007, or no later than 120 days after the source becomes subject to this subpart, whichever is later.


(c) For existing sources, the initial notification of compliance required by § 63.9(h) must be submitted not later than March 13, 2009, or no later than 120 days after the source becomes subject to this subpart, whichever is later.


[72 FR 38913, July 16, 2007, as amended at 73 FR 15929, Mar. 26, 2008; 85 FR 73920, Nov. 19, 2020; 88 FR 11595, Feb. 23, 2023]


§ 63.11426 What definitions apply to this subpart?

The terms used in this subpart are defined in the CAA, in § 63.2 for terms used in the applicable provisions of subpart A of this part, and in this section as follows:


Bag leak detection system means a system that is capable of continuously monitoring particulate matter (dust) loadings in the exhaust of a fabric filter (baghouse) in order 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, light scattering, light transmittance, or other effect to continuously monitor relative particulate matter loadings.


Grid casting facility means a facility which includes all lead melting pots, pots that remelt scrap from onsite lead acid battery manufacturing processes, and machines used for casting the grid used in lead acid batteries.


Lead acid battery component manufacturing plant means any plant that does not produce a final lead acid battery product but at which one or more of the following processes is conducted to develop a product for use in lead acid batteries: grid casting, paste mixing, three-process operations, and lead oxide manufacturing.


Lead acid battery manufacturing plant means any plant that produces a storage battery using lead and lead compounds for the plates and sulfuric acid for the electrolyte.


Lead oxide manufacturing facility means a facility that produces lead oxide from lead for use in lead acid batteries, including lead oxide production and product recovery operations. Local exhaust ventilation or building ventilation exhausts serving lead oxide production areas are not part of the lead oxide manufacturing facility.


Lead reclamation facility means a facility that casts remelted lead scrap generated by onsite lead acid battery manufacturing processes into lead ingots for use in the battery manufacturing process, and which is not a furnace affected under subpart X of this part. Lead scrap remelting processes that are used directly (not cast into an ingot first) in a grid casting facility or a three-process operations facility are parts of those facilities and are not part of a lead reclamation facility.


Other lead-emitting operation means any operation at a plant involved in the manufacture of lead acid batteries from which lead emissions are collected and ducted to the atmosphere and which is not part of a grid casting, lead oxide manufacturing, lead reclamation, paste mixing, or three-process operation facility, or a furnace affected under subpart X of this part. These operations also include local exhaust ventilation or building ventilation exhausts serving lead oxide production areas.


Paste mixing facility means a facility including lead oxide storage, conveying, weighing, metering, and charging operations; paste blending, handling, and cooling operations; and plate pasting, takeoff, cooling, and drying operations.


Three-process operation facility means a facility including those processes involved with plate stacking, burning or strap casting, and assembly of elements into the battery case.


Total enclosure means a containment building that is completely enclosed with a floor, walls, and a roof to prevent exposure to the elements and that has limited openings to allow access and egress for people and vehicles.


[88 FR 11596, Feb. 23, 2023]


§ 63.11427 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority such as a State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or tribal agency pursuant to 40 CFR part 63, subpart E, 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 a State, local, or tribal agency within your State.


(b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under subpart E of this part, the approval authorities contained in paragraphs (b)(1) through (5) of this section are retained by the Administrator of the U.S. EPA and are not transferred to the State, local, or tribal agency.


(1) Approval of an alternative non-opacity emissions standard under § 63.6(g).


(2) Approval of a major change to test methods under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in § 63.90.


(3) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” is defined in § 63.90.


(4) Approval of a major change to recordkeeping/reporting under § 63.10(f). A “major change to recordkeeping/reporting” is defined in § 63.90.


(5) Approval of an alternative to any electronic reporting to the EPA required by this subpart.


[72 FR 38913, July 16, 2007, as amended at 73 FR 15929, Mar. 26, 2008; 88 FR 11596, Feb. 23, 2023]


Table 1 to Subpart PPPPPP of Part 63 – Applicability of General Provisions to Subpart PPPPPP

As stated in § 63.11423(a)(2), you must comply with the emission limits in the following table:


For . . .
You must . . .
1. Each new or existing grid casting facilityEmit no more than 0.08 milligram of lead per dry standard cubic meter of exhaust (0.000035 gr/dscf).
2. Each new or existing paste mixing facilityEmit no more than 0.1 milligram of lead per dry standard cubic meter of exhaust (0.0000437 gr/dscf); or emit no more than 0.9 gram of lead per hour (0.002 lbs/hr) total from all paste mixing operations.
3. Each new or existing three-process operation facilityEmit no more than 1.0 milligram of lead per dry standard cubic meter of exhaust (0.000437 gr/dscf).
4. Each new or existing lead oxide manufacturing facilityEmit no more than 5.0 milligram of lead per kilogram of lead feed (0.010 lb/ton).
5. Each new or existing lead reclamation facilityEmit no more than 0.45 milligram of lead per dry standard cubic meter of exhaust (0.000197 gr/dscf).
6. Each new or existing other lead-emitting operationEmit no more than 1.0 milligram of lead per dry standard cubic meter of exhaust (0.000437 gr/dscf).

[88 FR 11596, Feb. 23, 2023]


Table 2 to Subpart PPPPPP of Part 63 – Opacity Standards

As stated in § 63.11423(a)(2), you must comply with the opacity standards in the following table:


For . . .
Any gases emitted must not exceed . . .
1. Each new or existing facility other than a lead reclamation facility0 percent opacity (measured according to EPA Method 9 of appendix A to 40 CFR part 60 and rounded to the nearest whole percentage or measured according to EPA Method 22 of appendix A to 40 CFR part 60).
2. Each new or existing lead reclamation facility5 percent opacity (measured according to EPA Method 9 and rounded to the nearest whole percentage).

[88 FR 11596, Feb. 23, 2023]


Table 3 to Subpart PPPPPP of Part 63 – Applicability of General Provisions to This Subpart

As required in § 63.11425, you must comply with the requirements of the NESHAP General Provisions (subpart A of this part) as shown in the following table.


Citation
Subject
Applies to this subpart?
Explanation
63.1ApplicabilityYes
63.2DefinitionsYes
63.3Units and Abbreviations
63.4Prohibited Activities and CircumventionYes
63.5Preconstruction Review and Notification RequirementsNo
63.6(a) through (d)Compliance with Standards and Maintenance RequirementsYes
63.6(e)(1)(i)General Duty to Minimize EmissionsNoSection 63.11423(a)(3) specifies general duty requirements.
63.6(e)(1)(ii)Requirement to correct malfunctions as soon as possibleNo
63.6(e)(1)(iii)Enforceability of requirements independent of other regulationsYes
63.6(e)(3)SSM PlansNoThis subpart does not require a startup, shutdown, and malfunction plan.
63.6(f)(1)Compliance Except During SSMNo
63.6(f)(2) and (3)Methods for determining complianceYes
63.6(g)Use of an alternative nonopacity emission standardYes
63.6(h)(1)SSM ExemptionNo
63.6(h)(2) through (9), (i) through (j)Compliance with opacity/visible emission standards, compliance extensions and exemptionsYes
63.7(a) through (d), (e)(2) and (3), (f) through (h)Performance Testing RequirementsYes
63.7(e)(1)Conditions for conducting performance testsNoRequirements for performance test conditions are found in § 63.11423(c)(7).
63.8(a), (b), (c)(1)(ii), (d)(1) and (2), (e) through (g)Monitoring RequirementsYes
63.8(c)(1)(i)General duty to minimize emissions and CMS operationNoSection 63.11423(a)(3) specifies general duty requirements.
63.8(c)(1)(iii)Requirement to develop SSM Plan for CMSNo
63.8(d)(3)Written procedures for CMSNo
63.9Notification RequirementsYes
63.10(a), (b)(1), (b)(2)(iii), (b)(2)(vi) through (ix), (b)(3), (c)(1) through (14), (d)(1) through (4), (e), (f)Recordkeeping and Reporting RequirementsYes
63.10(b)(2)(i)Recordkeeping of occurrence and duration of startups and shutdownsNo
63.10(b)(2)(ii)Recordkeeping of failures to meet a standardNoSection 63.11424(a)(5) specifies these requirements.
63.10(b)(2)(iv) and (v)Actions taken to minimize emissions during SSMNo
63.10(c)(15)Use of SSM PlanNo
63.10(d)(5)NoThis subpart does not require a startup, shutdown, and malfunction plan. See § 63.11424(c) for excess emissions reporting requirements.
63.11Control Device RequirementsNoThis subpart does not require flares.
63.12State Authorities and DelegationsYes
63.13AddressesYes
63.14Incorporations by ReferenceYes
63.15Availability of Information and ConfidentialityYes
63.16Performance Track ProvisionsYes
63.1(a)(5), (a)(7) through (9), (b)(2), (c)(3), (d), 63.6(b)(6), (c)(3) and (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) through (4), (c)(9)ReservedNo

[88 FR 11596, Feb. 23, 2023]


Subpart QQQQQQ – National Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources


Source:72 FR 38915, July 16, 2007, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11428 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a wood preserving operation that is an area source of hazardous air pollutant (HAP) emissions.


(b) The affected source is each new or existing wood preserving operation.


(1) An affected source is existing if you commenced construction or reconstruction of the affected source on or before April 4, 2007.


(2) An affected source is new if you commenced construction or reconstruction of the affected source after April 4, 2007.


(c) You are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, provided you are not otherwise required by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a). Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart.


§ 63.11429 What are my compliance dates?

(a) If you have an existing affected source, you must achieve compliance with applicable provisions in this subpart by July 16, 2007.


(b) If you startup a new affected source on or before July 16, 2007, you must achieve compliance with applicable provisions in this subpart not later than July 16, 2007.


(c) If you startup a new affected source after July 16, 2007, you must achieve compliance with applicable provisions in this subpart upon initial startup.


Standards

§ 63.11430 What are the standards?

(a) If you use a pressure treatment process with any wood preservative containing chromium, arsenic, dioxins, or methylene chloride at a new or existing area source, the preservative must be applied to the wood product inside a retort or similarly enclosed vessel.


(b) If you use a thermal treatment process with any wood preservative containing chromium, arsenic, dioxins, or methylene chloride at a new or existing area source, the preservative must be applied using process treatment tanks equipped with an air scavenging system to control emissions.


(c) If you use any wood preservative containing chromium, arsenic, dioxins, or methylene chloride at a new or existing area source, you must prepare and operate according to a management practice plan to minimize air emissions from the preservative treatment of wood at a new or existing area source. You may use your standard operating procedures to meet the requirements for a management practice plan if it includes the minimum activities required for a management practice plan. The management practice plan must include, but is not limited to, the following activities:


(1) Minimize preservative usage;


(2) Maintain records on the type of treatment process and types and amounts of wood preservatives used at the facility;


(3) For the pressure treatment process, maintain charge records identifying pressure reading(s) inside the retorts (or similarly enclosed vessel);


(4) For the thermal treatment process, maintain records that the air scavenging system is in place and operated properly during the treatment process;


(5) Store treated wood product on drip pads or in a primary containment area to convey preservative drippage to a collection system until drippage has ceased;


(6) For the pressure treatment process, fully drain the retort to the extent practicable, prior to opening the retort door;


(7) Promptly collect any spills; and


(8) Perform relevant corrective actions or preventative measures in the event of a malfunction before resuming operations.


§ 63.11431 [Reserved]

Other Requirements and Information

§ 63.11432 What General Provisions apply to this subpart?

(a) If you own or operate a new or existing affected source that uses any wood preservative containing chromium, arsenic, dioxins, or methylene chloride, you must comply with the requirements of the General Provisions in 40 CFR part 63, subpart A, according to Table 1 to this subpart.


(b) If you own or operate a new or existing affected source that uses any wood preservative containing chromium, arsenic, dioxins, or methylene chloride, you must submit an initial notification of applicability required by § 63.9(b)(2) no later than 90 days after the applicable compliance date specified in § 63.11429, or no later than 90 days after the source becomes subject to this subpart, whichever is later. The initial notification may be combined with the notification of compliance status required in paragraph (c) of this section. The notification of applicability must include the following information:


(1) The name and address of the owner or operator;


(2) The address (i.e., physical location) of the affected source; and


(3) An identification of the relevant standard, or other requirement, that is the basis of the notification and the source’s compliance date.


(c) If you own or operate a new or existing affected source that uses any wood preservative containing chromium, arsenic, dioxins, or methylene chloride, you must submit a notification of compliance status required by § 63.9(h) no later than 90 days after the applicable compliance date specified in § 63.11429, or no later than 90 days after the source becomes subject to this subpart, whichever is later. Your notification of compliance status must include this certification of compliance, signed by a responsible official, for the standards in § 63.11430: “This facility complies with the management practices to minimize air emissions from the preservative treatment of wood in accordance with § 63.11430.”


(d) You must report any deviation from the requirements of this subpart within 30 days of the deviation.


[72 FR 38915, July 16, 2007, as amended at 73 FR 15929, Mar. 26, 2008; 85 FR 73920, Nov. 19, 2020]


§ 63.11433 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, § 63.2, and in this section as follows:


Air scavenging system means an air collection and control system that collects and removes vapors from a thermal treatment process vessel and vents the emissions to a vapor recovery tank that collects condensate from the vapors.


Chromated copper arsenate (CCA) means a chemical wood preservative consisting of mixtures of water-soluble chemicals containing metal oxides of chromium, copper, and arsenic. CCA is used in pressure treated wood to protect wood from rotting due to insects and microbial agents.


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 or management practice;


(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 or management practice in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart.


Pressure treatment process means a wood treatment process involving an enclosed vessel, usually a retort, and the application of pneumatic or hydrostatic pressure to expedite the movement of preservative liquid into the wood.


Responsible official means responsible official as defined in 40 CFR 70.2.


Retort means an airtight pressure vessel, typically a long horizontal cylinder, used for the pressure impregnation of wood products with a liquid wood preservative.


Thermal treatment process means a non-pressurized wood treatment process where the wood is exposed to a heated preservative.


Wood preserving means the pressure or thermal impregnation of chemicals into wood to provide effective long-term resistance to attack by fungi, bacteria, insects, and marine borers.


§ 63.11434 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority such as a State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or tribal agency pursuant to 40 CFR part 63, subpart E, 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 paragraphs (b)(1) through (4) of this section are retained by the Administrator of the U.S. EPA and are not transferred to the State, local, or tribal agency.


(1) Approval of an alternative non-opacity emissions standard under § 63.6(g).


(2) Approval of a major change to test methods under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in § 63.90


(3) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” is defined in § 63.90.


(4) Approval of a major change to recordkeeping/reporting under § 63.10(f). A “major change to recordkeeping/reporting” is defined in § 63.90.


[72 FR 38915, July 16, 2007, as amended at 73 FR 15929, Mar. 26, 2008]


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

As required in § 63.11432, you must comply with the requirements of the NESHAP General Provisions (40 CFR part 63, subpart A) as shown in the following table.


Citation
Subject
Applies to

subpart

QQQQQQ?

Explanation
63.1(a)(1)-(4)General applicability of the General ProvisionsYes
63.1(a)(5)ReservedNo
63.1(a)(6)General applicability of the General ProvisionsYes
63.1(a)(7)-(9)ReservedNo
63.1(a)(10)-(12)General applicability of the General ProvisionsYes
63.1(b)(1)Initial applicability determinationYes
63.1(b)(2)ReservedNo
63.1(b)(3)Record of applicability determinationYes
63.1(c)(1)-(2)Applicability of subpart A of this part after a relevant standard has been setYes
63.1(c)(3)-(4)ReservedNo
63.1(c)(5)Notification requirements for an area source that increases HAP emissions to major source levelsYes
63.1(c)(6)ReclassificationYes
63.1(d)ReservedNo
63.1(e)Applicability of permit program before a relevant standard has been setYes
63.2DefinitionsYes
63.3Units and abbreviationsYes
63.4Prohibited activities and circumventionYes
63.5(a)(1)Applicability of preconstruction review requirementsNo
63.5(a)(2)Applicability of notification requirementsYes
63.5(b)(1)Requirements for newly constructed and reconstructed sourcesYes
63.5(b)(2)ReservedNo
63.5(b)(3)Required preconstruction approval required for major source construction and reconstructionNoSubpart QQQQQQ does not regulate major sources.
63.5(b)(4)Notification requirements for construction or reconstruction of area sourcesYes
63.5(b)(5)ReservedNo
63.5(b)(6)Added equipment (or a process change) must be considered part of the affected source and subject to all provisions in the relevant standardsYes
63.5(c)ReservedNo
63.5(d)Application for approval of construction or reconstructionNoSubpart QQQQQQ does not require an application for construction or reconstruction.
63.5(e)Approval of construction or reconstructionNoSubpart QQQQQQ does not require application approval before construction or reconstruction.
63.5(f)Approval of construction or reconstruction based on prior State preconstruction reviewNoSubpart QQQQQQ does not require approval of construction or reconstruction based on prior State preconstruction review.
63.6(a)Compliance with standards and maintenance requirementsYes
63.6(b)(1)-(5)Compliance dates for new and reconstructed sourcesYes
63(b)(6)ReservedNo
63(b)(7)Compliance dates for new and reconstructed sourcesYes
63.6(c)(1)-(2)Compliance dates for existing sourcesYes
63.6(c)(3)-(4)ReservedNo
63.6(c)(5)Compliance dates for existing sourcesYes
63.6(d)ReservedNo
63.6(e)(1)Operation and maintenance requirementsYes
63.6(e)(2)ReservedNo
63.6(e)(3)(i)Startup, shutdown, and malfunction planNoSubpart QQQQQQ does not require a startup, shutdown, and malfunction plan.
63.6(e)(3)(ii)ReservedNo
63.6(e)(3)(iii)-(ix)Startup, shutdown, and malfunction planNoSubpart QQQQQQ does not require a startup, shutdown, and malfunction plan.
63.6(f)Compliance with nonopacity emission standardsNoSubpart QQQQQQ does not contain emission or opacity limits.
63.6(g)Use of an alternative nonopacity emission standardNoSubpart QQQQQQ does not contain emission or opacity limits.
63.6(h)(1)Compliance with opacity and visible emissions standardsNoSubpart QQQQQQ does not contain emission or opacity limits.
63.6(h)(2)(i)Compliance with opacity and visible emissions standardsNoSubpart QQQQQQ does not contain emission or opacity limits.
63.6(h)(2)(ii)ReservedNo
63.6(h)(2)(iii)Compliance with opacity and visible emissions standardsNoSubpart QQQQQQ does not contain emission or opacity limits.
63.6(h)(3)ReservedNo
63.6(h)(4)Notification of opacity or visible emission observationsNoSubpart QQQQQQ does not contain emission or opacity limits.
63.6 (h)(5)(i)-(iii)Conduct of opacity or visible emission observationsNoSubpart QQQQQQ does not contain emission or opacity limits.
63.6(h)(5)(iv)ReservedNo
63.6(h)(5)(v)Conduct of opacity or visible emission observationsNoSubpart QQQQQQ does not contain emission or opacity limits.
63.6(h)(6)-(9)Availability of records and use of continuous opacity monitoring systemNoSubpart QQQQQQ does not contain emission or opacity limits.
63.6(i)Extension of compliance with emissions standardsYes
63.6(j)Exemption from compliance with emissions standardsYes
63.7Performance Testing RequirementsNoSubpart QQQQQQ does not require performance tests.
63.8(a)(1)-(2)Applicability of monitoring requirementsNoSubpart QQQQQQ does not require monitoring of emissions.
63.8(a)(3)ReservedNo
63.8(a)(4)Applicability of monitoring requirementsNoSubpart QQQQQQ does not require monitoring of emissions.
63.8(b)-(g)Conduct of monitoringNoSubpart QQQQQQ does not require monitoring of emissions.
63.9(a)Applicability and general information for notification requirementsYes
63.9(b)(1)-(2)Initial notificationsYes
63.9(b)(3)ReservedNo
63.9(b)(4)-(5)Initial notificationsYes
63.9(c)-(d)Extension of compliance and special compliance requirementsYes
63.9(e), (f), (g)Notification of performance test, opacity and visible emission observation, and requirements for sources with continuous monitoring systemsNoSubpart QQQQQQ does not require monitoring of emissions.
63.9(h)(1)-(3)Notification of compliance statusYes
63.9(h)(4)ReservedNo
63.9(h)(5)-(6)Notification of compliance statusYes
63.9(i)-(j)Adjustment to time periods or postmark deadlines for submittal and review of required communications, and change in information already providedYes
63.9(k)Electronic submission of notifications and reportsNoSubpart QQQQQQ does not require electronic reporting.
63.10(a)-(b)Recordkeeping and reporting requirement applicability and general informationNoSubpart QQQQQQ establishes requirements for a report of deviations within 30 days.
63.10(c)(1)Additional recordkeeping requirements for sources with continuous monitoring systemsNoSubpart QQQQQQ does not require the use of continuous monitoring systems.
63.10(c)(2)-(4)ReservedNo
63.10(c)(5)-(8)Additional recordkeeping requirements for sources with continuous monitoring systemsNoSubpart QQQQQQ does not require the use of continuous monitoring systems.
63.10(c)(9)ReservedNo
63.10(c)(10)-(15)Additional recordkeeping requirements for sources with continuous monitoring systemsNoSubpart QQQQQQ does not require the use of continuous monitoring systems.
63.10(d)-(f)General reporting requirements, additional requirements for sources with continuous monitoring systems, and waiver of recordkeeping or reporting requirementsNoSubpart QQQQQQ establishes requirements for a report of deviations within 30 days.
63.11Control device requirements for flares and work practice requirements for monitoring leaksNoSubpart QQQQQQ does not require flares and does not require monitoring for leaks.
63.12State authorities and delegationsYes
63.13Addresses of state air pollution control agencies and EPA Regional OfficesYes
63.14Incorporations by ReferenceYes
63.15Availability of information and confidentialityYes
63.16Requirements for Performance Track member facilitiesYes

[88 FR 14288, Mar. 8, 2023]


Subpart RRRRRR – National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing Area Sources


Source:72 FR 73197, Dec. 26, 2007, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11435 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a clay ceramics manufacturing facility (as defined in § 63.11444), with an atomized glaze spray booth or kiln that fires glazed ceramic ware, that processes more than 45 megagrams per year (Mg/yr) (50 tons per year (tpy)) of wet clay and is an area source of hazardous air pollutant (HAP) emissions.


(b) If you are an owner or operator of an area source subject to this subpart, you are exempt from 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 71.3(a) for a reason other than your status as an area source under this subpart. You must continue to comply with the provisions of this subpart applicable to area sources.


§ 63.11436 What parts of my plant does this subpart cover?

(a) This subpart applies to any existing or new affected source located at a clay ceramics manufacturing facility.


(b) The affected source includes all atomized glaze spray booths and kilns that fire glazed ceramic ware located at a clay ceramics manufacturing facility.


(c) An affected source is existing if you commenced construction or reconstruction of the affected source on or before September 20, 2007.


(d) An affected source is new if you commenced construction or reconstruction of the affected source after September 20, 2007.


§ 63.11437 What are my compliance dates?

(a) If you have an existing affected source, you must comply with the standards no later than December 26, 2007.


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


(1) If you start up your affected source on or before December 26, 2007, you must comply with this subpart no later than December 26, 2007.


(2) If you start up your affected source after December 26, 2007, you must comply with this subpart upon initial startup of your affected source.


Standards, Compliance, and Monitoring Requirements

§ 63.11438 What are the standards for new and existing sources?

(a) For each kiln that fires glazed ceramic ware, you must maintain the peak temperature below 1540 °C (2800 °F) and comply with one of the management practices in paragraphs (a)(1) and (2) of this section:


(1) Use natural gas, or equivalent clean-burning fuel, as the kiln fuel; or


(2) Use an electric-powered kiln.


(b) You must maintain annual wet glaze usage records for your facility.


(c) For each atomized glaze spray booth located at a clay ceramics manufacturing facility that uses more than 227 Mg/yr (250 tpy) of wet glaze(s), you must comply with the equipment standard requirements in paragraph (c)(1) of this section or the management practice in paragraph (c)(2) of this section.


(1) Control the emissions from the atomized glaze spray booth with an air pollution control device (APCD), as defined in § 63.11444.


(i) Operate and maintain the APCD in accordance with the equipment manufacturer’s specifications; and


(ii) Monitor the APCD according to the applicable requirements in § 63.11440.


(2) Alternatively, use wet glazes containing less than 0.1 (weight) percent clay ceramics metal HAP.


(d) For each atomized glaze spray booth located at a clay ceramics manufacturing facility that uses 227 Mg/yr (250 tpy) or less of wet glaze(s), you must comply with one of the management practices or equipment standards in paragraphs (d)(1) and (2) of this section.


(1) Employ waste minimization practices, as defined in § 63.11444; or


(2) Alternatively, comply with the equipment standard requirements described in paragraph (c)(1) of this section or the management practice described in paragraph (c)(2) of this section.


(e) Surface applications (e.g., wet glazes) containing less than 0.1 (weight) percent clay ceramics metal HAP do not have to be considered in determination of the 227 Mg/yr (250 tpy) threshold for wet glaze usage.


§ 63.11439 What are the initial compliance demonstration requirements for new and existing sources?

(a) You must demonstrate initial compliance with the applicable management practices and equipment standards in § 63.11438 by submitting a Notification of Compliance Status. For any wet spray glaze operation controlled with an APCD, you must conduct an initial inspection of the control equipment as described in § 63.11440(b)(1) within 60 days of the compliance date and include the results of the inspection in the Notification of Compliance Status.


(b) You must demonstrate initial compliance with the applicable management practices or equipment standards in § 63.11438 by submitting the Notification of Compliance Status within 120 days after the applicable compliance date specified in § 63.11437.


§ 63.11440 What are the monitoring requirements for new and existing sources?

(a) For each kiln firing glazed ceramic ware, you must conduct a daily check of the peak firing temperature. If the peak temperature exceeds 1540 °C (2800 °F), you must take corrective action according to your standard operating procedures.


(b) For each existing or new atomized glaze spray booth equipped with an APCD, you must demonstrate compliance by conducting the monitoring activities in paragraph (b)(1) and either paragraph (b)(2) or (3) of this section:


(1) Initial control device inspection. You must conduct an initial inspection of each particulate matter (PM) control device according to the requirements in paragraphs (b)(1)(i) or (ii) of this section. You must conduct each inspection no later than 60 days after your applicable compliance date for each installed control device which has been operated within 60 days of the compliance date. For an installed control device which has not been operated within 60 days of the compliance date, you must conduct an initial inspection prior to startup of the control device.


(i) For each wet control system, you must verify the presence of water flow to the control equipment. You must also visually inspect the system ductwork and control equipment for leaks and inspect the interior of the control equipment (if applicable) for structural integrity and the condition of the control system. An initial inspection of the internal components of a wet control system is not required if an inspection has been performed within the past 12 months.


(ii) For each baghouse, you must visually inspect the system ductwork and baghouse unit for leaks. You must also inspect the inside of each baghouse for structural integrity and fabric filter condition. You must record the results of the inspection and any maintenance action as required in paragraph (d) of this section. An initial inspection of the internal components of a baghouse is not required if an inspection has been performed within the past 12 months.


(2) Periodic inspections/maintenance. Except as provided in paragraph (b)(3) of this section, you must perform periodic inspections and maintenance of each PM control device following the initial inspection according to the requirements in paragraphs (b)(2)(i) or (ii) of this section.


(i) You must inspect and maintain each wet control system according to the requirements in paragraphs (b)(2)(i)(A) through (C) of this section.


(A) You must conduct a daily inspection to verify the presence of water flow to the wet control system.


(B) You must conduct weekly visual inspections of the system ductwork and control equipment for leaks.


(C) You must conduct inspections of the interior of the wet control system (if applicable) to determine the structural integrity and condition of the control equipment every 12 months.


(ii) You must inspect and maintain each baghouse according to the requirements in paragraphs (b)(2)(ii)(A) and (B) of this section.


(A) You must conduct weekly visual inspections of the system ductwork for leaks.


(B) You must conduct inspections of the interior of the baghouse for structural integrity and to determine the condition of the fabric filter every 12 months.


(3) As an alternative to the monitoring activities in paragraph (b)(2) of this section, you may demonstrate compliance by:


(i) Conducting a daily 30-minute visible emissions (VE) test (i.e., no visible emissions) using EPA Method 22 (40 CFR part 60, appendix A-7); or


(ii) Using an approved alternative monitoring technique under § 63.8(f).


(c) If the results of the visual inspection, VE test, or alternative monitoring technique conducted under paragraph (b) of this section indicate an exceedance, you must take corrective action according to the equipment manufacturer’s specifications or instructions.


(d) You must maintain records of your monitoring activities described in paragraphs (a) through (c) of this section. You may use your existing operating permit documentation to meet the monitoring requirements if it includes, but is not limited to, the monitoring records listed in paragraphs (d)(1) through (5) of this section related to any kiln peak temperature checks, visual inspections, VE tests, or alternative monitoring:


(1) The date, place, and time;


(2) Person conducting the activity;


(3) Technique or method used;


(4) Operating conditions during the activity; and


(5) Results.


§ 63.11441 What are the notification requirements?

(a) You must submit an Initial Notification required by § 63.9(b)(2) no later than 120 days after the applicable compliance date specified in § 63.11437, or no later than 120 days after the source becomes subject to this subpart, whichever is later. The Initial Notification must include the information specified in §§ 63.9(b)(2)(i) through (iv) and may be combined with the Notification of Compliance Status required in paragraph (b) of this section.


(b) You must submit a Notification of Compliance Status required by § 63.9(h) no later than 120 days after the applicable compliance date specified in § 63.11437. In addition to the information required in § 63.9(h)(2), your notification(s) must include each compliance certification in paragraphs (b)(1) through (3) of this section that applies to you and may be combined with the Initial Notification required in paragraph (a) of this section.


(1) For each kiln firing glazed ceramic ware, you must certify that you are maintaining the peak temperature below 1540 °C (2800 °F) according to § 63.11438(a) and complying with one of the management practices in § 63.11438(a)(1) or (2).


(2) For atomized glaze spray booths, you must certify that your facility’s annual wet glaze usage is above or below 227 Mg/yr (250 tpy).


(3) For atomized glaze spray booths located at a clay ceramics manufacturing facility that uses more than 227 Mg/yr (250 tpy) of wet glaze(s), you must certify that:


(i) You are operating and maintaining an APCD in accordance with § 63.11438(c)(1), and you have conducted an initial control device inspection for each wet control system and baghouse associated with an atomized glaze spray booth; or


(ii) Alternatively, you are using wet glazes containing less than 0.1 (weight) percent clay ceramics metal HAP according to § 63.11438(c)(2).


(4) For atomized glaze spray booths located at a clay ceramics manufacturing facility that uses 227 Mg/yr (250 tpy) or less of wet glaze(s), you must certify that:


(i) You are employing waste minimization practices according to § 63.11438(d)(1); or


(ii) You are complying with the requirements in § 63.11438(c)(1) or (2).


[72 FR 73197, Dec. 26, 2007, as amended at 85 FR 73920, Nov. 19, 2020]


§ 63.11442 What are the recordkeeping requirements?

(a) You must keep the records specified in paragraphs (a)(1) and (2) of this section.


(1) A copy of each notification 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 § 63.10(b)(2)(xiv).


(2) Records of all required measurements needed to document compliance with management practices as required in § 63.10(b)(2)(vii), including records of monitoring and inspection data required by § 63.11440.


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


(c) As specified in § 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.


(d) 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 § 63.10(b)(1). You may keep the records offsite for the remaining three years.


Other Requirements and Information

§ 63.11443 What General Provisions apply to this subpart?

Table 1 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you.


§ 63.11444 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in § 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. Examples of APCD currently used on glaze spray booths include, but are not limited to, wet scrubbers, fabric filters, water curtains, and water-wash systems.


Atomization means the conversion of a liquid into a spray or mist (i.e., collection of drops), often by passing the liquid through a nozzle.


Clay ceramics manufacturing facility means a plant site that manufactures pressed tile, sanitaryware, dinnerware, or pottery. For the purposes of this area source rule, the following types of facilities are not part of the regulated category: artisan potters, art studios, school and university ceramic arts programs, and any facility that uses less than 45 Mg/yr (50 tpy) of wet clay.


Clay ceramics metal HAP means an oxide or other compound of chromium, lead, manganese, or nickel, which were listed for Clay Ceramics Manufacturing in the Revised Area Source Category List (67 FR 70428, November 22, 2002).


Glaze means a coating of colored, opaque, or transparent material applied to ceramic products before firing.


Glaze spray booth means a type of equipment used for spraying glaze on ceramic products.


High-volume, low-pressure (HVLP) spray equipment means a type of air atomized spray equipment that operates at low atomizing air pressure (0.1 to 10 pounds per square inch (psi) at the air nozzle) and uses 15 to 30 cubic feet per minute (cfm) of air to minimize the amount of overspray and bounce back.


Kiln means equipment used for the initial curing or firing of glaze on ceramic ware. A kiln may operate continuously or by batch process.


Nonatomizing glaze application technique means the application of glaze in the form of a liquid stream without atomization. Such techniques include, but are not limited to, dipping, centrifugal disc, waterfall, flow coaters, curtain coaters, silk-screening, and any direct application by roller, brush, pad, or other means facilitating direct transfer of glaze.


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.


Waste minimization practices mean those procedures employed to minimize material losses and prevent unnecessary waste generation, for example, minimizing glaze overspray emissions using HVLP spray equipment (defined in this section) or similar spray equipment; minimizing HAP emissions during cleanup of spray glazing equipment; operating and maintaining spray glazing equipment according to manufacturer’s instructions; and minimizing spills through careful handling of HAP-containing glaze materials.


Water curtain means an APCD that draws the exhaust stream through a continuous curtain of moving water to remove suspended particulate. A water curtain may also be called a drip curtain or waterfall.


Water-wash system means an APCD that uses a series of baffles to redirect the upward exhaust stream through a water wash chamber with downward water flow to remove suspended particulate.


§ 63.11445 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority such as your State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency 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 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 listed in paragraphs (c)(1) through (4) of this section.


(1) Approval of alternatives to the applicability requirements in §§ 63.11435 and 63.11436, the compliance date requirements in § 63.11437, and the management practices and equipment standards in § 63.11438.


(2) Approval of a major change to a test method under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in § 63.90.


(3) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” is defined in § 63.90.


(4) Approval of a major change to recordkeeping/reporting under § 63.10(f). A “major change to recordkeeping/reporting” is defined in § 63.90.


§§ 63.11446-63.11447 [Reserved]

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

As stated in § 63.11443, you must comply with the requirements of the NESHAP General Provisions (40 CFR part 63, subpart A) shown in the following table:


Citation
Subject
63.1(a)(1)-(a)(4), (a)(6), (a)(10)-(a)(12), (b)(1), (b)(3), (c)(1), (c)(2),
1 (c)(5), (e)
Applicability.
63.2Definitions.
63.3Units and Abbreviations.
63.4Prohibited Activities and Circumvention.
63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1), (c)(2), (c)(5), (e)(1), (f), (g), (i), (j)Compliance with Standards and Maintenance Requirements.
63.8(a)(1), (a)(2), (b), (c)(1)(i)-(c)(1)(ii), (c)(2), (c)(3), (f)Monitoring Requirements.
63.9(a), (b)(1), (b)(2), (b)(5), (c), (d), (h)(1)-(h)(3), (h)(5), (h)(6), (i), (j)Notification Requirements.
63.10(a), (b)(1), (b)(2)(vii), (b)(2)(xiv), (b)(3), (c), (c)(1), (f)Recordkeeping and Reporting Requirements.
63.12State Authority and Delegations.
63.13Addresses.
63.14Incorporations by Reference.
63.15Availability of Information and Confidentiality.
63.16Performance Track Provisions.


1 Section 63.11435(b) of this subpart exempts area sources from the obligation to obtain title V operating permits.


Subpart SSSSSS – National Emission Standards for Hazardous Air Pollutants for Glass Manufacturing Area Sources


Source:72 FR 73201, Dec. 26, 2007, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11448 Am I subject to this subpart?

You are subject to this subpart if you own or operate a glass manufacturing facility that is an area source of hazardous air pollutant (HAP) emissions and meets all of the criteria specified in paragraphs (a) through (c) of this section.


(a) A glass manufacturing facility is a plant site that manufactures flat glass, glass containers, or pressed and blown glass by melting a mixture of raw materials, as defined in § 63.11459, to produce molten glass and form the molten glass into sheets, containers, or other shapes.


(b) An area source of HAP emissions is any stationary source or group of stationary sources within a contiguous area under common control that does not have the potential to emit any single HAP at a rate of 9.07 megagrams per year (Mg/yr) (10 tons per year (tpy)) or more and any combination of HAP at a rate of 22.68 Mg/yr (25 tpy) or more.


(c) Your glass manufacturing facility uses one or more continuous furnaces to produce glass that contains compounds of one or more glass manufacturing metal HAP, as defined in § 63.11459, as raw materials in a glass manufacturing batch formulation.


§ 63.11449 What parts of my plant does this subpart cover?

(a) This subpart applies to each existing or new affected glass melting furnace that is located at a glass manufacturing facility and satisfies the requirements specified in paragraphs (a)(1) through (3) of this section.


(1) The furnace is a continuous furnace, as defined in § 63.11459.


(2) The furnace is charged with compounds of one or more glass manufacturing metal HAP as raw materials.


(3) The furnace is used to produce glass, which contains one or more of the glass manufacturing metal HAP as raw materials, at a rate of at least 45 Mg/yr (50 tpy).


(b) A furnace that is a research and development process unit, as defined in § 63.11459, is not an affected furnace under this subpart.


(c) An affected source is an existing source if you commenced construction or reconstruction of the affected source on or before September 20, 2007.


(d) An affected source is a new source if you commenced construction or reconstruction of the affected source after September 20, 2007.


(e) If you own or operate an area source subject to this subpart, you must obtain a permit under 40 CFR part 70 or 40 CFR part 71.


§ 63.11450 What are my compliance dates?

(a) If you have an existing affected source, you must comply with the applicable emission limits specified in § 63.11451 of this subpart no later than December 28, 2009. As specified in section 112(i)(3)(B) of the Clean Air Act and in § 63.6(i)(4)(A), you may request that the Administrator or delegated authority grant an extension allowing up to 1 additional year to comply with the applicable emission limits if such additional period is necessary for the installation of emission controls.


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


(1) If you start up your affected source on or before December 26, 2007, you must comply with the applicable emission limit specified in § 63.11451 no later than December 26, 2007.


(2) If you start up your affected source after December 26, 2007, you must comply with the applicable emission limit specified in § 63.11451 upon initial startup of your affected source.


(c) If you own or operate a furnace that produces glass containing one or more glass manufacturing metal HAP as raw materials at an annual rate of less than 45 Mg/yr (50 tpy), and you increase glass production for that furnace to an annual rate of at least 45 Mg/yr (50 tpy), you must comply with the applicable emission limit specified in § 63.11451 within 2 years of the date on which you increased the glass production rate for the furnace to at least 45 Mg/yr (50 tpy).


(d) If you own or operate a furnace that produces glass at an annual rate of at least 45 Mg/yr (50 tpy) and is not charged with glass manufacturing metal HAP, and you begin production of a glass product that includes one or more glass manufacturing metal HAP as raw materials, and you produce at least 45 Mg/yr (50 tpy) of this glass product, you must comply with the applicable emission limit specified in § 63.11451 within 2 years of the date on which you introduced production of the glass product that contains glass manufacturing metal HAP.


(e) You must meet the notification requirements in § 63.11456 according to the schedule in § 63.11456 and in 40 CFR part 63, subpart A. Some of the notifications must be submitted before you are required to comply with emission limits specified in this subpart.


Standards, Compliance, and Monitoring Requirements

§ 63.11451 What are the standards for new and existing sources?

If you are an owner or operator of an affected furnace, as defined in § 63.11449(a), you must meet the applicable emission limit specified in Table 1 to this subpart.


§ 63.11452 What are the performance test requirements for new and existing sources?

(a) If you own or operate an affected furnace that is subject to an emission limit specified in Table 1 to this subpart, you must conduct a performance test according to paragraphs (a)(1) through (3) and paragraph (b) of this section.


(1) For each affected furnace, you must conduct a performance test within 180 days after your compliance date and report the results in your Notification of Compliance Status, except as specified in paragraph (a)(2) of this section.


(2) You are not required to conduct a performance test on the affected furnace if you satisfy the conditions described in paragraphs (a)(2)(i) through (iii) of this section.


(i) You conducted a performance test on the affected furnace within the past 5 years of the compliance date using the same test methods and procedures specified in paragraph (b) of this section.


(ii) The performance test demonstrated that the affected furnace met the applicable emission limit specified in Table 1 to this subpart.


(iii) Either no process changes have been made since the test, or you can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance with the applicable emission limit.


(3) If you operate multiple identical furnaces, as defined in § 63.11459, that are affected furnaces, you are required to test only one of the identical furnaces if you meet the conditions specified in paragraphs (a)(3)(i) through (iii) of this section.


(i) You must conduct the performance test while the furnace is producing glass that has the greatest potential to emit the glass manufacturing metal HAP from among the glass formulations that are used in any of the identical furnaces.


(ii) You certify in your Notification of Compliance Status that the identical furnaces meet the definition of identical furnaces specified in § 63.11459.


(iii) You provide in your Notification of Compliance Status documentation that demonstrates why the tested glass formulation has the greatest potential to emit the glass manufacturing metal HAP.


(b) You must conduct each performance test according to the requirements in § 63.7 and paragraphs (b)(1) through (12) and either paragraph (b)(13) or (b)(14) of this section.


(1) Install and validate all monitoring equipment required by this subpart before conducting the performance test.


(2) You may not conduct performance tests during periods of startup, shutdown, or malfunction, as specified in § 63.7(e)(1).


(3) Conduct the test while the source is operating at the maximum production rate.


(4) Conduct at least three separate test runs with a minimum duration of 1 hour for each test run, as specified in § 63.7(e)(3).


(5) Record the test date.


(6) Identify the emission source tested.


(7) Collect and record the emission test data listed in this section for each run of the performance test.


(8) Locate all sampling sites at the outlet of the furnace control device or at the furnace stack prior to any releases to the atmosphere.


(9) Select the locations of sampling ports and the number of traverse points using Method 1 or 1A of 40 CFR part 60, appendix A-1.


(10) Measure the gas velocity and volumetric flow rate using Method 2, 2A, 2C, 2F, or 2G of 40 CFR part 60, appendices A-1 and A-2, during each test run.


(11) Conduct gas molecular weight analysis using Methods 3, 3A, or 3B of 40 CFR part 60, appendix A-2, during each test run. You may use ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses (incorporated by reference – see § 63.14) as an alternative to EPA Method 3B.


(12) Measure gas moisture content using Method 4 of 40 CFR part 60, appendix A-3, during each test run.


(13) To meet the particulate matter (PM) emission limit specified in Table 1 to this subpart, you must conduct the procedures specified in paragraphs (b)(13)(i) through (v) of this section.


(i) Measure the PM mass emission rate at the outlet of the control device or at the stack using Method 5 or 17 of 40 CFR part 60, appendices A-3 or A-6, for each test run.


(ii) Calculate the PM mass emission rate in the exhaust stream for each test run.


(iii) Measure and record the glass production rate (kilograms (tons) per hour of product) for each test run.


(iv) Calculate the production-based PM mass emission rate (g/kg (lb/ton)) for each test run using Equation 1 of this section.





Where:

MP = Production-based PM mass emission rate, grams of PM per kilogram (pounds of PM per ton) of glass produced.

ER = PM mass emission rate measured using Methods 5 or 17 during each performance test run, grams (pounds) per hour.

P = Average glass production rate for the performance test, kilograms (tons) of glass produced per hour.

(v) Calculate the 3-hour block average production-based PM mass emission rate as the average of the production-based PM mass emission rates for each test run.


(14) To meet the metal HAP emission limit specified in Table 1 to this subpart, you must conduct the procedures specified in paragraphs (b)(14)(i) through (v) of this section.


(i) Measure the metal HAP mass emission rate at the outlet of the control device or at the stack using Method 29 of 40 CFR part 60, appendix A-8, for each test run.


(ii) Calculate the metal HAP mass emission rate in the exhaust stream for the glass manufacturing metal HAP that are added as raw materials to the glass manufacturing formulation for each test run.


(iii) Measure and record the glass production rate (kilograms (tons) per hour of product) for each test run.


(iv) Calculate the production-based metal HAP mass emission rate (g/kg (lb/ton)) for each test run using Equation 2 of this section.





Where:

MPM = Production-based metal HAP mass emission rate, grams of metal HAP per kilogram (pounds of metal HAP per ton) of glass produced.

ERM = Sum of the metal HAP mass emission rates for the glass manufacturing metal HAP that are added as raw materials to the glass manufacturing formulation and are measured using Method 29 during each performance test run, grams (pounds) per hour.

P = Average glass production rate for the performance test, kilograms (tons) of glass produced per hour.

(v) Calculate the 3-hour block average production-based metal HAP mass emission rate as the average of the production-based metal HAP mass emission rates for each test run.


§ 63.11453 What are the initial compliance demonstration requirements for new and existing sources?

(a) If you own or operate an affected source, you must submit a Notification of Compliance Status in accordance with §§ 63.9(h) and 63.11456(b).


(b) For each existing affected furnace that is subject to the emission limits specified in Table 1 to this subpart, you must demonstrate initial compliance according to the requirements in paragraphs (b)(1) through (4) of this section.


(1) For each fabric filter that is used to meet the emission limit specified in Table 1 to this subpart, you must visually inspect the system ductwork and fabric filter unit for leaks. You must also inspect the inside of each fabric filter for structural integrity and fabric filter condition. You must record the results of the inspection and any maintenance action as required in § 63.11457(a)(6).


(2) For each electrostatic precipitator (ESP) that is used to meet the emission limit specified in Table 1 to this subpart, you must verify the proper functioning of the electronic controls for corona power and rapper operation, that the corona wires are energized, and that adequate air pressure is present on the rapper manifold. You must also visually inspect the system ductwork and ESP housing unit and hopper for leaks and inspect the interior of the ESP to determine the condition and integrity of corona wires, collection plates, hopper, and air diffuser plates. You must record the results of the inspection and any maintenance action as required in § 63.11457(a)(6).


(3) You must conduct each inspection specified in paragraphs (b)(1) and (2) of this section no later than 60 days after your applicable compliance date specified in § 63.11450, except as specified in paragraphs (b)(3)(i) and (ii) of this section.


(i) An initial inspection of the internal components of a fabric filter is not required if an inspection has been performed within the past 12 months.


(ii) An initial inspection of the internal components of an ESP is not required if an inspection has been performed within the past 24 months.


(4) You must satisfy the applicable requirements for performance tests specified in § 63.11452.


(c) For each new affected furnace that is subject to the emission limit specified in Table 1 to this subpart and is controlled with a fabric filter, you must install, operate, and maintain a bag leak detection system according to paragraphs (c)(1) through (3) of this section.


(1) Each bag leak detection system must meet the specifications and requirements in paragraphs (c)(1)(i) through (viii) of this section.


(i) The bag leak detection system must be certified by the manufacturer to be capable of detecting PM emissions at concentrations of 1 milligram per dry standard cubic meter (0.00044 grains per actual cubic foot) or less.


(ii) The bag leak detection system sensor must provide output of relative PM loadings. 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).


(iii) The bag leak detection system must be equipped with an alarm system that will sound when the system detects an increase in relative particulate loading over the alarm set point established according to paragraph (c)(1)(iv) of this section, and the alarm must be located such that it can be heard by the appropriate plant personnel.


(iv) In the initial adjustment of the bag leak detection system, you must establish, at a minimum, the baseline output by adjusting the sensitivity (range) and the averaging period of the device, the alarm set points, and the alarm delay time.


(v) Following initial adjustment, you shall not adjust the averaging period, alarm set point, or alarm delay time without approval from the Administrator or delegated authority except as provided in paragraph (c)(1)(vi) of this section.


(vi) Once per quarter, you may adjust the sensitivity of the bag leak detection system to account for seasonal effects, including temperature and humidity, according to the procedures identified in the site-specific monitoring plan required by paragraph (c)(2) of this section.


(vii) You must install the bag leak detection sensor downstream of the fabric filter.


(viii) Where multiple detectors are required, the system’s instrumentation and alarm may be shared among detectors.


(2) You must develop and submit to the Administrator or delegated authority for approval a site-specific monitoring plan for each bag leak detection system. You must operate and maintain the bag leak detection system according to the site-specific monitoring plan at all times. Each monitoring plan must describe the items in paragraphs (c)(2)(i) through (vi) 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; and


(vi) Corrective action procedures as specified in paragraph (c)(3) of this section. In approving the site-specific monitoring plan, the Administrator or delegated authority may allow owners and operators more than 3 hours to alleviate a specific condition that causes an alarm if the owner or operator identifies in the monitoring plan this specific condition as one that could lead to an alarm, adequately explains why it is not feasible to alleviate this condition within 3 hours of the time the alarm occurs, and demonstrates that the requested time will ensure alleviation of this condition as expeditiously as practicable.


(3) For each bag leak detection system, you must initiate procedures to determine the cause of every alarm within 1 hour of the alarm. Except as provided in paragraph (c)(2)(vi) of this section, you must alleviate the cause of the alarm within 3 hours of the alarm by taking whatever corrective action(s) are necessary. Corrective actions may include, but are not limited to the following:


(i) Inspecting the fabric filter for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in PM emissions;


(ii) Sealing off defective bags or filter media;


(iii) Replacing defective bags or filter media or otherwise repairing the control device;


(iv) Sealing off a defective fabric filter compartment;


(v) Cleaning the bag leak detection system probe or otherwise repairing the bag leak detection system; or


(vi) Shutting down the process producing the PM emissions.


(d) For each new affected furnace that is subject to the emission limit specified in Table 1 to this subpart and is controlled with an ESP, you must install, operate, and maintain according to the manufacturer’s specifications, one or more continuous parameter monitoring systems (CPMS) for measuring and recording the secondary voltage and secondary electrical current to each field of the ESP according to paragraphs (d)(1) through (13) of this section.


(1) The CPMS must have an accuracy of 1 percent of the secondary voltage and secondary electrical current, or better.


(2) Your CPMS must be capable of measuring the secondary voltage and secondary electrical current over a range that extends from a value that is at least 20 percent less than the lowest value that you expect your CPMS to measure, to a value that is at least 20 percent greater than the highest value that you expect your CPMS to measure.


(3) The signal conditioner, wiring, power supply, and data acquisition and recording system of your CPMS must be compatible with the output signal of the sensors used in your CPMS.


(4) The data acquisition and recording system of your CPMS must be able to record values over the entire range specified in paragraph (d)(2) of this section.


(5) The data recording system associated with your CPMS must have a resolution of one-half of the required overall accuracy of your CPMS, as specified in paragraph (d)(1) of this section, or better.


(6) Your CPMS must be equipped with an alarm system that will sound when the system detects a decrease in secondary voltage or secondary electrical current below the alarm set point established according to paragraph (d)(7) of this section, and the alarm must be located such that it can be heard by the appropriate plant personnel.


(7) In the initial adjustment of the CPMS, you must establish, at a minimum, the baseline output by adjusting the sensitivity (range) and the averaging period of the device, the alarm set points, and the alarm delay time.


(8) You must install each sensor of the CPMS in a location that provides representative measurement of the appropriate parameter over all operating conditions, taking into account the manufacturer’s guidelines.


(9) You must perform an initial calibration of your CPMS based on the procedures specified in the manufacturer’s owner’s manual.


(10) Your CPMS must be designed to complete a minimum of one cycle of operation for each successive 15-minute period. To have a valid hour of data, you must have at least three of four equally-spaced data values (or at least 75 percent of the total number of values if you collect more than four data values per hour) for that hour (not including startup, shutdown, malfunction, or out of control periods).


(11) You must record valid data from at least 90 percent of the hours during which the affected source or process operates.


(12) You must record the results of each inspection, calibration, initial validation, and accuracy audit.


(13) At all times, you must maintain your CPMS including, but not limited to, maintaining necessary parts for routine repairs of the CPMS.


(e) For each new affected furnace that is subject to the emission limit specified in Table 1 to this subpart and is controlled by a device other than a fabric filter or an ESP, you must prepare and submit a monitoring plan to EPA or the delegated authority for approval. Each plan must contain the information in paragraphs (e)(1) through (5) of this section.


(1) A description of the device;


(2) Test results collected in accordance with § 63.11452 verifying the performance of the device for reducing PM or metal HAP to the levels required by this subpart;


(3) Operation and maintenance plan for the control device (including a preventative maintenance schedule consistent with the manufacturer’s instructions for routine and long-term maintenance) and continuous monitoring system;


(4) A list of operating parameters that will be monitored to maintain continuous compliance with the applicable emission limits; and


(5) Operating parameter limits based on monitoring data collected during the performance test.


§ 63.11454 What are the monitoring requirements for new and existing sources?

(a) For each monitoring system required by this subpart, you must install, calibrate, operate, and maintain the monitoring system according to the manufacturer’s specifications and the requirements specified in paragraphs (a)(1) through (7) of this section.


(1) You must install each sensor of your monitoring system in a location that provides representative measurement of the appropriate parameter over all operating conditions, taking into account the manufacturer’s guidelines.


(2) You must perform an initial calibration of your monitoring system based on the manufacturer’s recommendations.


(3) You must use a monitoring system that is designed to complete a minimum of one cycle of operation for each successive 15-minute period.


(4) For each existing affected furnace, you must record the value of the monitored parameter at least every 8 hours. The value can be recorded electronically or manually.


(5) You must record the results of each inspection, calibration, monitoring system maintenance, and corrective action taken to return the monitoring system to normal operation.


(6) At all times, you must maintain your monitoring system including, but not limited to, maintaining necessary parts for routine repairs of the system.


(7) You must perform the required monitoring whenever the affected furnace meets the conditions specified in paragraph (a)(7)(i) or (ii) of this section.


(i) The furnace is being charged with one or more of the glass manufacturing metal HAP as raw materials.


(ii) The furnace is in transition between producing glass that contains one or more of the glass metal HAP as raw materials and glass that does not contain any of the glass manufacturing metal HAP as raw materials. The transition period begins when the furnace is charged with raw materials that do not contain any of the glass manufacturing metal HAP as raw materials and ends when the furnace begins producing a saleable glass product that does not contain any of the glass manufacturing metal HAP as raw materials.


(b) For each existing furnace that is subject to the emission limit specified in Table 1 to this subpart and is controlled with an ESP, you must meet the requirements specified in paragraphs (b)(1) or (2) of this section.


(1) You must monitor the secondary voltage and secondary electrical current to each field of the ESP according to the requirements of paragraph (a) of this section, or


(2) You must submit a request for alternative monitoring, as described in paragraph (g) of this section.


(c) For each existing furnace that is subject to the emission limit specified in Table 1 to this subpart and is controlled with a fabric filter, you must meet the requirements specified in paragraphs (c)(1) or (2) of this section.


(1) You must monitor the inlet temperature to the fabric filter according to the requirements of paragraph (a) of this section, or


(2) You must submit a request for alternative monitoring, as described in paragraph (g) of this section.


(d) For each new furnace that is subject to the emission limit specified in Table 1 to this subpart and is controlled with an ESP, you must monitor the voltage and electrical current to each field of the ESP on a continuous basis using one or more CPMS according to the requirements for CPMS specified in § 63.11453(d).


(e) For each new furnace that is subject to the emission limit specified in Table 1 to this subpart and is controlled with a fabric filter, you must install and operate a bag leak detection system according to the requirements specified in § 63.11453(c).


(f) For each new or existing furnace that is subject to the emission limit specified in Table 1 to this subpart and is equipped with a control device other than an ESP or fabric filter, you must meet the requirements in § 63.8(f) and submit a request for approval of alternative monitoring methods to the Administrator no later than the submittal date for the Notification of Compliance Status, as specified in § 63.11456(b). The request must contain the information specified in paragraphs (f)(1) through (5) of this section.


(1) Description of the alternative add-on air pollution control device (APCD).


(2) Type of monitoring device or method that will be used, including the sensor type, location, inspection procedures, quality assurance and quality control (QA/QC) measures, and data recording device.


(3) Operating parameters that will be monitored.


(4) Frequency that the operating parameter values will be measured and recorded.


(5) Procedures for inspecting the condition and operation of the control device and monitoring system.


(g) If you wish to use a monitoring method other than those specified in paragraph (b)(1) or (c)(1) of this section, you must meet the requirements in § 63.8(f) and submit a request for approval of alternative monitoring methods to the Administrator no later than the submittal date for the Notification of Compliance Status, as specified in § 63.11456(b). The request must contain the information specified in paragraphs (g)(1) through (5) of this section.


(1) Type of monitoring device or method that will be used, including the sensor type, location, inspection procedures, QA/QC measures, and data recording device.


(2) Operating parameters that will be monitored.


(3) Frequency that the operating parameter values will be measured and recorded.


(4) Procedures for inspecting the condition and operation of the monitoring system.


(5) Explanation for how the alternative monitoring method will provide assurance that the emission control device is operating properly.


§ 63.11455 What are the continuous compliance requirements for new and existing sources?

(a) You must be in compliance with the applicable emission limits 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 § 63.6(e)(1)(i).


(c) For each affected furnace that is subject to the emission limit specified in Table 1 to this subpart, you must monitor the performance of the furnace emission control device under the conditions specified in § 63.11454(a)(7) and according to the requirements in §§ 63.6(e)(1) and 63.8(c) and paragraphs (c)(1) through (6) of this section.


(1) For each existing affected furnace that is controlled with an ESP, you must monitor the parameters specified in § 63.11454(b) in accordance with the requirements of § 63.11454(a) or as specified in your approved alternative monitoring plan.


(2) For each new affected furnace that is controlled with an ESP, you must comply with the monitoring requirements specified in § 63.11454(d) in accordance with the requirements of § 63.11454(a) or as specified in your approved alternative monitoring plan.


(3) For each existing affected furnace that is controlled with a fabric filter, you must monitor the parameter specified in § 63.11454(c) in accordance with the requirements of § 63.11454(a) or as specified in your approved alternative monitoring plan.


(4) For each new affected furnace that is controlled with a fabric filter, you must comply with the monitoring requirements specified in § 63.11454(e) in accordance with the requirements of § 63.11454(a) or as specified in your approved alternative monitoring plan.


(5) For each affected furnace that is controlled with a device other than a fabric filter or ESP, you must comply with the requirements of your approved alternative monitoring plan, as required in § 63.11454(g).


(6) For each monitoring system that is required under this subpart, you must keep the records specified in § 63.11457.


(d) Following the initial inspections, you must perform periodic inspections and maintenance of each affected furnace control device according to the requirements in paragraphs (d)(1) through (4) of this section.


(1) For each fabric filter, you must conduct inspections at least every 12 months according to paragraphs (d)(1)(i) through (iii) of this section.


(i) You must inspect the ductwork and fabric filter unit for leakage.


(ii) You must inspect the interior of the fabric filter for structural integrity and to determine the condition of the fabric filter.


(iii) If an initial inspection is not required, as specified in § 63.11453(b)(3)(i), the first inspection must not be more than 12 months from the last inspection.


(2) For each ESP, you must conduct inspections according to the requirements in paragraphs (d)(2)(i) through (iii) of this section.


(i) You must conduct visual inspections of the system ductwork, housing unit, and hopper for leaks at least every 12 months.


(ii) You must conduct inspections of the interior of the ESP to determine the condition and integrity of corona wires, collection plates, plate rappers, hopper, and air diffuser plates every 24 months.


(iii) If an initial inspection is not required, as specified in § 63.11453(b)(3)(ii), the first inspection must not be more than 24 months from the last inspection.


(3) You must record the results of each periodic inspection specified in this section in a logbook (written or electronic format), as specified in § 63.11457(c).


(4) If the results of a required inspection indicate a problem with the operation of the emission control system, you must take immediate corrective action to return the control device to normal operation according to the equipment manufacturer’s specifications or instructions.


(e) For each affected furnace that is subject to the emission limit specified in Table 1 to this subpart and can meet the applicable emission limit without the use of a control device, you must demonstrate continuous compliance by satisfying the applicable recordkeeping requirements specified in § 63.11457.


Notifications and Records

§ 63.11456 What are the notification requirements?

(a) If you own or operate an affected furnace, as defined in § 63.11449(a), you must submit an Initial Notification in accordance with § 63.9(b) and paragraphs (a)(1) and (2) of this section by the dates specified.


(1) As specified in § 63.9(b)(2), if you start up your affected source before December 26, 2007, you must submit an Initial Notification not later than April 24, 2008 or within 120 days after your affected source becomes subject to the standard.


(2) The Initial Notification must include the information specified in § 63.9(b)(2)(i) through (iv).


(b) You must submit a Notification of Compliance Status in accordance with § 63.9(h) and the requirements in paragraphs (b)(1) and (2) of this section.


(1) If you own or operate an affected furnace and are required to conduct a performance test, you must submit a 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 § 60.8 or § 63.10(d)(2).


(2) If you own or operate an affected furnace and satisfy the conditions specified in § 63.11452(a)(2) and are not required to conduct a performance test, you must submit a Notification of Compliance Status, including the results of the previous performance test, before the close of business on the compliance date specified in § 63.11450.


§ 63.11457 What are the recordkeeping requirements?

(a) You must keep the records specified in paragraphs (a)(1) through (8) of this section.


(1) A copy of any Initial Notification and Notification of Compliance Status that you submitted and all documentation supporting those notifications, according to the requirements in § 63.10(b)(2)(xiv).


(2) The records specified in § 63.10(b)(2) and (c)(1) through (13).


(3) The records required to show continuous compliance with each emission limit that applies to you, as specified in § 63.11455.


(4) For each affected source, records of production rate on a process throughput basis (either feed rate to the process unit or discharge rate from the process unit). The production data must include the amount (weight or weight percent) of each ingredient in the batch formulation, including all glass manufacturing metal HAP compounds.


(5) Records of maintenance activities and inspections performed on control devices as specified in §§ 63.11453(b) and 63.11455(d), according to paragraphs (a)(5)(i) through (v) of this section.


(i) The date, place, and time of inspections of control device ductwork, interior, and operation.


(ii) Person conducting the inspection.


(iii) Technique or method used to conduct the inspection.


(iv) Control device operating conditions during the time of the inspection.


(v) Results of the inspection and description of any corrective action taken.


(6) Records of all required monitoring data and supporting information including all calibration and maintenance records.


(7) For each bag leak detection system, the records specified in paragraphs (a)(7)(i) through (iii) of this section.


(i) Records of the bag leak detection system output;


(ii) Records of bag leak detection system adjustments, including the date and time of the adjustment, the initial bag leak detection system settings, and the final bag leak detection system settings; and


(iii) The date and time of all bag leak detection system alarms, the time that procedures to determine the cause of the alarm were initiated, the cause of the alarm, an explanation of the actions taken, the date and time the cause of the alarm was alleviated, and whether the alarm was alleviated within 3 hours of the alarm.


(8) Records of any approved alternative monitoring method(s) or test procedure(s).


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


(c) You must record the results of each inspection and maintenance action in a logbook (written or electronic format). You must keep the logbook onsite and make the logbook available to the permitting authority upon request.


(d) As specified in § 63.10(b)(1), you must keep each record for a minimum of 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record.


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 § 63.10(b)(1). You may keep the records offsite for the remaining three years.


Other Requirements and Information

§ 63.11458 What General Provisions apply to this subpart?

You must satisfy the requirements of the General Provisions in 40 CFR part 63, subpart A, as specified in Table 2 to this subpart.


§ 63.11459 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in § 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.


Continuous furnace means a glass manufacturing furnace that operates continuously except during periods of maintenance, malfunction, control device installation, reconstruction, or rebuilding.


Cullet means recycled glass that is mixed with raw materials and charged to a glass melting furnace to produce glass. Cullet is not considered to be a raw material for the purposes of this subpart.


Electrostatic precipitator (ESP) means an APCD that removes PM from an exhaust gas stream by applying an electrical charge to particles in the gas stream and collecting the charged particles on plates carrying the opposite electrical charge.


Fabric filter means an APCD used to capture PM by filtering a gas stream through filter media.


Furnace stack means a conduit or conveyance through which emissions from the furnace melter are released to the atmosphere.


Glass manufacturing metal HAP means an oxide or other compound of any of the following metals included in the list of urban HAP for the Integrated Urban Air Toxics Strategy and for which Glass Manufacturing was listed as an area source category: arsenic, cadmium, chromium, lead, manganese, and nickel.


Glass melting furnace means a unit comprising a refractory-lined vessel in which raw materials are charged and melted at high temperature to produce molten glass.


Identical furnaces means two or more furnaces that are identical in design, including manufacturer, dimensions, production capacity, charging method, operating temperature, fuel type, burner configuration, and exhaust system configuration and design.


Particulate matter (PM) means, for purposes of this subpart, emissions of PM that serve as a measure of filterable particulate emissions, as measured by Methods 5 or 17 (40 CFR part 60, appendices A-3 and A-6), and as a surrogate for glass manufacturing metal HAP compounds contained in the PM including, but not limited to, arsenic, cadmium, chromium, lead, manganese, and nickel.


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.


Raw material means minerals, such as silica sand, limestone, and dolomite; inorganic chemical compounds, such as soda ash (sodium carbonate), salt cake (sodium sulfate), and potash (potassium carbonate); metal oxides and other metal-based compounds, such as lead oxide, chromium oxide, and sodium antimonate; metal ores, such as chromite and pyrolusite; and other substances that are intentionally added to a glass manufacturing batch and melted in a glass melting furnace to produce glass. Metals that are naturally-occurring trace constituents or contaminants of other substances are not considered to be raw materials. Cullet and material that is recovered from a furnace control device for recycling into the glass formulation are not considered to be raw materials for the purposes of this subpart.


Research and development process unit means a process unit whose purpose is to conduct research and development for new processes and products and is not engaged in the manufacture of products for commercial sale, except in a de minimis manner.


§ 63.11460 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as your State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency 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 the U.S. EPA and are not transferred to the State, local, or tribal agency.


(1) Approval of alternatives to the applicability requirements in §§ 63.11448 and 63.11449, the compliance date requirements in § 63.11450, and the emission limits specified in § 63.11451.


(2) Approval of a major change to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90.


(3) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.90.


(4) Approval of major alternatives to recordkeeping under § 63.10(f) and as defined in § 63.90.


§ 63.11461 [Reserved]

Table 1 to Subpart SSSSSS of Part 63 – Emission Limits

As required in § 63.11451, you must comply with each emission limit that applies to you according to the following table:


For each. . .
You must meet one of the following emission limits. . .
1. New or existing glass melting furnace that produces glass at an annual rate of at least 45 Mg/yr (50 tpy) AND is charged with compounds of arsenic, cadmium, chromium, manganese, lead, or nickel as raw materialsa. The 3-hour block average production-based PM mass emission rate must not exceed 0.1 gram per kilogram (g/kg) (0.2 pound per ton (lb/ton)) of glass produced; OR

b. The 3-hour block average production-based metal HAP mass emission rate must not exceed 0.01 g/kg (0.02 lb/ton) of glass produced.

Table 2 to Subpart SSSSSS of Part 63 – Applicability of General Provisions to Subpart SSSSSS

As stated in § 63.11458, you must comply with the requirements of the NESHAP General Provisions (40 CFR part 63, subpart A), as shown in the following table:


Citation
Subject
§ 63.1(a), (b), (c)(1), (c)(2), (c)(5), (e)Applicability.
§ 63.2Definitions.
§ 63.3Units and Abbreviations.
§ 63.4Prohibited Activities.
§ 63.5Construction/Reconstruction.
§ 63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1), (c)(2), (c)(5), (e)(1), (f), (g), (i), (j)Compliance with Standards and Maintenance Requirements.
§ 63.7Performance Testing Requirements.
§ 63.8(a)(1), (a)(2), (b), (c)(1)-(c)(4), (c)(7)(i)(B), (c)(7)(ii), (c)(8), (d), (e)(1), (e)(4), (f)Monitoring Requirements.
§ 63.9(a), (b)(1)(i)-(b)(2)(v), (b)(5), (c), (d), (h)-(j)Notification Requirements.
§ 63.10(a), (b)(1), (b)(2)(i)-(b)(2)(xii)Recordkeeping and Reporting Requirements.
§ 63.10(b)(2)(xiv), (c), (f)Documentation for Initial Notification and Notification of Compliance Status.
§ 63.12State Authority and Delegations.
§ 63.13Addresses.
§ 63.14Incorporations by Reference.
§ 63.15Availability of Information.
§ 63.16Performance Track Provisions.

Subpart TTTTTT – National Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals Processing Area Sources


Source:72 FR 73207, Dec. 26, 2007, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11462 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a secondary nonferrous metals processing facility (as defined in § 63.11472) that is an area source of hazardous air pollutant (HAP) emissions.


(b) If you are an owner or operator of an area source subject to this subpart, you are exempt from 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 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 applicable to area sources.


§ 63.11463 What parts of my plant does this subpart cover?

(a) This subpart applies to any existing or new affected source located at a secondary nonferrous metals processing facility.


(b) The affected source includes all crushing and screening operations at a secondary zinc processing facility and all furnace melting operations located at any secondary nonferrous metals processing facilities.


(c) An affected source is existing if you commenced construction or reconstruction of the affected source on or before September 20, 2007.


(d) An affected source is new if you commenced construction or reconstruction of the affected source after September 20, 2007.


§ 63.11464 What are my compliance dates?

(a) If you have an existing affected source, you must comply with the standards no later than December 26, 2007.


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


(1) If you start up your affected source on or before December 26, 2007, you must comply with this subpart no later than December 26, 2007.


(2) If you start up your affected source after December 26, 2007, you must comply with this subpart upon initial startup of your affected source.


Standards, Compliance, and Monitoring Requirements

§ 63.11465 What are the standards for new and existing sources?

(a) You must route the emissions from each existing affected source through a fabric filter or baghouse that achieves a particulate matter (PM) control efficiency of at least 99.0 percent or an outlet PM concentration limit of 0.034 grams per dry standard cubic meter (g/dscm)(0.015 grains per dry standard cubic feet (gr/dscf)).


(b) You must route the emissions from each new affected source through a fabric filter or baghouse that achieves a PM control efficiency of at least 99.5 percent or an outlet PM concentration limit of 0.023 g/dscm (0.010 gr/dscf).


§ 63.11466 What are the performance test requirements for new and existing sources?

(a) Except as specified in paragraph (b) of this section, if you own or operate an existing or new affected source, you must conduct a performance test for each affected source within 180 days of your compliance date and report the results in your notification of compliance status.


(b) If you own or operate an existing affected source, you are not required to conduct a performance test if a prior performance test was conducted within the past 5 years of the compliance date using the same methods specified in paragraph (c) of this section and you meet either of the following two conditions:


(1) No process changes have been made since the test; or


(2) You demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes.


(c) You must conduct each performance test according to the requirements in § 63.7 and paragraphs (c)(1) and (2) of this section.


(1) Determine the concentration of PM according to the following test methods in 40 CFR part 60, appendices:


(i) Method 1 or 1A (Appendix A-1) 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 and prior to any releases to the atmosphere.


(ii) Method 2, 2A, 2C, 2F, or 2G (Appendices A-1 and A-2) to determine the volumetric flow rate of the stack gas.


(iii) Method 3, 3A, or 3B (Appendix A-2) to determine the dry molecular weight of the stack gas. You may use ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses” (incorporated by reference-see § 63.14) as an alternative to EPA Method 3B.


(iv) Method 4 (Appendix A-3) to determine the moisture content of the stack gas.


(v) Method 5 or 17 (Appendix A-3) to determine the concentration of particulate matter (front half filterable catch only). Three valid test runs are needed to comprise a performance test.


(2) During the test, you must operate each emissions source within ±10 percent of its normal process rate. You must monitor and record the process rate during the test.


§ 63.11467 What are the initial compliance demonstration requirements for new and existing sources?

(a) You must demonstrate initial compliance with the applicable standards in § 63.11465 by submitting a Notification of Compliance Status in accordance with § 63.11469(b).


(b) You must conduct the inspection specified in paragraph (c) of this section and include the results of the inspection in the Notification of Compliance Status.


(c) For each existing and new affected source, you must conduct an initial inspection of each baghouse. You must visually inspect the system ductwork and baghouse unit for leaks. Except as specified in paragraph (e) of this section, you must also inspect the inside of each baghouse for structural integrity and fabric filter condition. You must record the results of the inspection and any maintenance action as required in § 63.11470.


(d) For each installed baghouse that is in operation during the 60 days after the applicable compliance date, you must conduct the inspection specified in paragraph (c) of this section no later than 60 days after your applicable compliance date. For an installed baghouse that is not in operation during the 60 days after the applicable compliance date, you must conduct an initial inspection prior to startup of the baghouse.


(e) An initial inspection of the internal components of a baghouse is not required if an inspection has been performed within the past 12 months.


(f) If you own or operate an existing affected source and are not required to conduct a performance test under § 63.11466, you must submit the Notification of Compliance Status within 120 days after the applicable compliance date specified in § 63.11464.


(g) If you own or operate an existing affected source and are required to conduct a performance test under § 63.11466, you must submit the Notification of Compliance Status within 60 days after completing the performance test.


§ 63.11468 What are the monitoring requirements for new and existing sources?

(a) For an existing affected source, you must demonstrate compliance by conducting the monitoring activities in paragraph (a)(1) or (a)(2) of this section:


(1) You must perform periodic inspections and maintenance of each baghouse according to the requirements in paragraphs (a)(1)(i) and (ii) of this section.


(i) You must conduct weekly visual inspections of the system ductwork for leaks.


(ii) You must conduct inspections of the interior of the baghouse for structural integrity and to determine the condition of the fabric filter every 12 months.


(2) As an alternative to the monitoring requirements in paragraph (a)(1) of this section, you may demonstrate compliance by conducting a daily 30-minute visible emissions (VE) test (i.e., no visible emissions) using EPA Method 22 (40 CFR part 60, appendix A-7).


(b) If the results of the visual inspection or VE test conducted under paragraph (a) of this section indicate a problem with the operation of the baghouse, including but not limited to air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in PM emissions, you must take immediate corrective action to return the baghouse to normal operation according to the equipment manufacturer’s specifications or instructions and record the corrective action taken.


(c) For each new affected source, you must install, operate, and maintain a bag leak detection system according to paragraphs (c)(1) through (3) of this section.


(1) Each bag leak detection system must meet the specifications and requirements in paragraphs (c)(1)(i) through (viii) of this section.


(i) The bag leak detection system must be certified by the manufacturer to be capable of detecting PM emissions at concentrations of 1 milligram per dry standard cubic meter (0.00044 grains per actual cubic foot) or less.


(ii) The bag leak detection system sensor must provide output of relative PM loadings. 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).


(iii) The bag leak detection system must be equipped with an alarm system that will sound when the system detects an increase in relative particulate loading over the alarm set point established according to paragraph (c)(1)(iv) of this section, and the alarm must be located such that it can be heard by the appropriate plant personnel.


(iv) In the initial adjustment of the bag leak detection system, you must establish, at a minimum, the baseline output by adjusting the sensitivity (range) and the averaging period of the device, the alarm set points, and the alarm delay time.


(v) Following initial adjustment, you shall not adjust the averaging period, alarm set point, or alarm delay time without approval from the Administrator or delegated authority except as provided in paragraph (c)(1)(vi) of this section.


(vi) Once per quarter, you may adjust the sensitivity of the bag leak detection system to account for seasonal effects, including temperature and humidity, according to the procedures identified in the site-specific monitoring plan required by paragraph (c)(2) of this section.


(vii) You must install the bag leak detection sensor downstream of the fabric filter.


(viii) Where multiple detectors are required, the system’s instrumentation and alarm may be shared among detectors.


(2) You must develop and submit to the Administrator or delegated authority for approval a site-specific monitoring plan for each bag leak detection system. You must operate and maintain the bag leak detection system according to the site-specific monitoring plan at all times. Each monitoring plan must describe the items in paragraphs (c)(2)(i) through (vi) 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; and


(vi) Corrective action procedures as specified in paragraph (c)(3) of this section. In approving the site-specific monitoring plan, the Administrator or delegated authority may allow owners and operators more than 3 hours to alleviate a specific condition that causes an alarm if the owner or operator identifies in the monitoring plan this specific condition as one that could lead to an alarm, adequately explains why it is not feasible to alleviate this condition within 3 hours of the time the alarm occurs, and demonstrates that the requested time will ensure alleviation of this condition as expeditiously as practicable.


(3) For each bag leak detection system, you must initiate procedures to determine the cause of every alarm within 1 hour of the alarm. Except as provided in paragraph (c)(2)(vi) of this section, you must alleviate the cause of the alarm within 3 hours of the alarm by taking whatever corrective action(s) are necessary. Corrective actions may include, but are not limited to the following:


(i) Inspecting the fabric filter for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in PM emissions;


(ii) Sealing off defective bags or filter media;


(iii) Replacing defective bags or filter media or otherwise repairing the control device;


(iv) Sealing off a defective fabric filter compartment;


(v) Cleaning the bag leak detection system probe or otherwise repairing the bag leak detection system; or


(vi) Shutting down the process producing the PM emissions.


§ 63.11469 What are the notification requirements?

(a) You must submit the Initial Notification required by § 63.9(b)(2) no later than 120 days after the applicable compliance date specified in § 63.11464, or no later than 120 days after the source becomes subject to this subpart, whichever is later. The Initial Notification must include the information specified in § 63.9(b)(2)(i) through (iv) and may be combined with the Notification of Compliance Status required in § 63.11467 and paragraph (b) of this section if you choose to submit both notifications within 120 days.


(b) You must submit a Notification of Compliance Status in accordance with § 63.9(h) and the requirements in paragraphs (c) and (d) of this section. In addition to the information required in §§ 63.9(h)(2), 63.11466, and 63.11467, your notification must include the following certification(s) of compliance, as applicable, and signature of a responsible official:


(1) This certification of compliance by the owner or operator of an existing affected source who is relying on a previous performance test: “This facility complies with the control efficiency requirement [or the outlet concentration limit] in § 63.11465 based on a previous performance test in accordance with § 63.11466.”


(2) This certification of compliance by the owner or operator of any new or existing affected source: “This facility has conducted an initial inspection of each control device according to the requirements in § 63.11467, will conduct periodic inspections and maintenance of control devices in accordance with § 63.11468, and will maintain records of each inspection and maintenance action required by § 63.11470.”


(3) This certification of compliance by the owner or operator of a new affected source: “This facility has an approved bag leak detection system monitoring plan in accordance with § 63.11468(c)(2).”


(c) If you own or operate an affected source and are required to conduct a performance test under § 63.11466, you must submit a 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.


(d) If you own or operate an affected source and are not required to conduct a performance test under § 63.11466, you must submit a Notification of Compliance Status, including the results of the previous performance test, no later than 120 days after the applicable compliance date specified in § 63.11464.


[72 FR 73207, Dec. 26, 2007, as amended at 85 FR 73921, Nov. 19, 2020]


§ 63.11470 What are the recordkeeping requirements?

(a) You must keep the records specified in paragraphs (a)(1) and (2) of this section.


(1) As required in § 63.10(b)(2)(xiv), you must keep a copy of each notification that you submitted to comply with this subpart and all documentation supporting any Initial Notification or Notification of Compliance Status that you submitted.


(2) You must keep the records of all inspection and monitoring data required by §§ 63.11467 and 63.11468, and the information identified in paragraphs (a)(2)(i) through (a)(2)(v) for each required inspection or monitoring.


(i) The date, place, and time;


(ii) Person conducting the activity;


(iii) Technique or method used;


(iv) Operating conditions during the activity; and


(v) Results.


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


(c) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each recorded action.


(d) You must keep each record onsite for at least 2 years after the date of each recorded action according to § 63.10(b)(1). You may keep the records offsite for the remaining three years.


Other Requirements and Information

§ 63.11471 What General Provisions apply to this subpart?

Table 1 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you.


§ 63.11472 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in § 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 triboelectric, light scattering, light transmittance, or other effect to continuously monitor relative particulate matter loadings.


Furnace melting operation means the collection of processes used to charge post-consumer nonferrous scrap material to a furnace, melt the material, and transfer the molten material to a forming medium.


Secondary nonferrous metals processing facility means a brass and bronze ingot making, secondary magnesium processing, or secondary zinc processing plant that uses furnace melting operations to melt post-consumer nonferrous metal scrap to make products including bars, ingots, blocks, or metal powders.


§ 63.11473 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority such as your State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency 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 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 listed in paragraphs (c)(1) through (4) of this section.


(1) Approval of alternatives to the applicability requirements in §§ 63.11462 and 63.11463, the compliance date requirements in § 63.11464, and the applicable standards in § 63.11465.


(2) Approval of a major change to a test method under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in § 63.90.


(3) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” is defined in § 63.90.


(4) Approval of a major change to recordkeeping/reporting under § 63.10(f). A “major change to recordkeeping/reporting” is defined in § 63.90.


§ 63.11474 [Reserved]

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

As stated in § 63.11471, you must comply with the requirements of the NESHAP General Provisions (40 CFR part 63, subpart A) shown in the following table:


Citation
Subject
63.1(a)(1)-(a)(4), (a)(6), (a)(10)-(a)(12), (b)(1), (b)(3), (c)(1),
1 (c)(2), (c)(5), (e)
Applicability.
63.2Definitions.
63.3Units and Abbreviations.
63.4Prohibited Activities and Circumvention.
63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1), (c)(2), (c)(5), (e)(1), (f), (g), (i), (j)Compliance With Standards and Maintenance Requirements.
63.7Performance Testing Requirements
63.8(a)(1), (a)(2), (b), (c)(1)(i)-(c)(1)(ii), (c)(2), (c)(3), (f)Monitoring Requirements.
63.9(a), (b)(1), (b)(2), (b)(5), (c), (d), (h)(1)-(h)(3), (h)(5), (h)(6), (i), (j)Notification Requirements.
63.10(a), (b)(1), (b)(2)(vii), (b)(2)(xiv), (b)(3), (c), (f)Recordkeeping and Reporting Requirements.
63.12State Authority and Delegations.
63.13Addresses.
63.14Incorporations by Reference.
63.15Availability of Information and Confidentiality.
63.16Performance Track Provisions.


1 Section 63.11462(b) of this subpart exempts area sources from the obligation to obtain title V operating permits.


Subpart UUUUUU [Reserved]

Subpart VVVVVV – National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources


Source:74 FR 56041, Oct. 29, 2009, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11494 What are the applicability requirements and compliance dates?

(a) Except as specified in paragraph (c) of this section, you are subject to this subpart if you own or operate a chemical manufacturing process unit (CMPU) that meets the conditions specified in paragraphs (a)(1) and (2) of this section.


(1) The CMPU is located at an area source of hazardous air pollutant (HAP) emissions.


(2) HAP listed in Table 1 to this subpart (Table 1 HAP) are present in the CMPU, as specified in paragraph (a)(2)(i), (ii), (iii), or (iv) of this section.


(i) The CMPU uses as feedstock, any material that contains quinoline, manganese, and/or trivalent chromium at an individual concentration greater than 1.0 percent by weight, or any other Table 1 HAP at an individual concentration greater than 0.1 percent by weight. To determine the Table 1 HAP content of feedstocks, you may rely on formulation data provided by the manufacturer or supplier, such as the Material Safety Data Sheet (MSDS) for the material. If the concentration in an MSDS is presented as a range, use the upper bound of the range.


(ii) Quinoline is generated as byproduct and is present in the CMPU in any liquid stream (process or waste) at a concentration greater than 1.0 percent by weight.


(iii) Hydrazine and/or Table 1 organic HAP other than quinoline are generated as byproduct and are present in the CMPU in any liquid stream (process or waste), continuous process vent, or batch process vent at an individual concentration greater than 0.1 percent by weight.


(iv) Hydrazine or any Table 1 HAP is produced as a product of the CMPU.


(b) A CMPU includes all process vessels, equipment, and activities necessary to operate a chemical manufacturing process that produces a material or a family of materials described by North American Industry Classification System (NAICS) code 325. A CMPU consists of one or more unit operations and any associated recovery devices. A CMPU also includes each storage tank, transfer operation, surge control vessel, and bottoms receiver associated with the production of such NAICS code 325 materials.


(c) This subpart does not apply to the operations specified in paragraphs (c)(1) through (6) of this section.


(1) Affected sources under the following chemical manufacturing area source categories listed pursuant to Clean Air Act (CAA) section 112(c)(3) and 112(k)(3)(B)(ii) that are subject to area source standards under this part:


(i) Manufacture of Paint and Allied Products, subject to subpart CCCCCCC of this part.


(ii) Mercury Emissions from Mercury Cell Chlor-Alkali Plants, subject to subpart IIIII of this part.


(iii) Polyvinyl Chloride and Copolymers Production, subject to subpart DDDDDD of this part.


(iv) Acrylic and Modacrylic Fibers Production, subject to subpart LLLLLL of this part.


(v) Carbon Black Production, subject to subpart MMMMMM of this part.


(vi) Chemical Manufacturing Area Sources: Chromium Compounds, subject to subpart NNNNNN of this part.


(vii) Lead oxide production at Lead Acid Battery Manufacturing Facilities, subject to subpart PPPPPP of this part.


(2) Production of the following chemical manufacturing materials described in NAICS code 325:


(i) Manufacture of radioactive elements or isotopes, radium chloride, radium luminous compounds, strontium, uranium.


(ii) Manufacture of photographic film, paper, and plate where the material is coated with or contains chemicals. This subpart does apply to the manufacture of photographic chemicals.


(iii) Fabricating operations (such as spinning or compressing a solid polymer into its end use); compounding operations (in which blending, melting, and resolidification of a solid polymer product occurs for the purpose of incorporating additives, colorants, or stabilizers); and extrusion and drawing operations (converting an already produced solid polymer into a different shape by melting or mixing the polymer and then forcing it or pulling it through an orifice to create an extruded product). An operation is subject if it involves processing with Table 1 HAP solvent or if an intended purpose of the operation is to remove residual Table 1 HAP monomer.


(iv) Manufacture of chemicals classified in NAICS code 325222, 325314, 325413, or 325998.


(3) Research and development facilities, as defined in CAA section 112(c)(7).


(4) Quality assurance/quality control laboratories.


(5) Ancillary activities, as defined in § 63.11502(b).


(6) Metal HAP in structures or existing as articles as defined in 40 CFR 372.3.


(d) This subpart applies to each new or existing affected source. The affected source is the facility-wide collection of CMPUs and each heat exchange system and wastewater system associated with a CMPU that meets the criteria specified in paragraphs (a) and (b) of this section. A CMPU using only Table 1 organic HAP is required to control only total CAA section 112(b) organic HAP. A CMPU using only Table 1 metal HAP is required to control only total CAA section 112(b) metal HAP in accordance with § 63.11495 and, if applicable, § 63.11496(f).


(1) An affected source is an existing source if you commenced construction or reconstruction of the affected source before October 6, 2008.


(2) An affected source is a new source if you commenced construction or reconstruction of the affected source on or after October 6, 2008.


(e) Any area source that installed a federally-enforceable control device on an affected CMPU is required to obtain a permit under 40 CFR part 70 or 40 CFR part 71 if the control device on the affected CMPU is necessary to maintain the source’s emissions at area source levels. For new and existing sources subject to this rule on December 21, 2012 and subject to title V as a result of this rule, a complete title V permit application must be submitted no later than December 21, 2013. New and existing sources that become subject to this rule after December 21, 2012 must submit a complete title V permit application no later than 12 months after becoming subject to this rule if the source is subject to title V as a result of this rule. Otherwise, you are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, provided you are not otherwise required by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a). Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart.


(f) If you own or operate an existing affected source, you must achieve compliance with the applicable provisions in this subpart no later than March 21, 2013.


(g) If you start up a new affected source on or before October 29, 2009, you must achieve compliance with the applicable provisions of this subpart no later than October 29, 2009.


(h) If you start up a new affected source after October 29, 2009, you must achieve compliance with the provisions in this subpart upon startup of your affected source.


[74 FR 56041, Oct. 29, 2009, as amended at 77 FR 75756, Dec. 21, 2012]


Standards and Compliance Requirements

§ 63.11495 What are the management practices and other requirements?

(a) Management practices. If you have a CMPU subject to this subpart, you must comply with paragraphs (a)(1) through (5) of this section.


(1) Each process vessel must be equipped with a cover or lid that must be closed at all times when it is in organic HAP service or metal HAP service, except for manual operations that require access, such as material addition and removal, inspection, sampling and cleaning. This requirement does not apply to process vessels containing only metal HAP that are in a liquid solution or other form that will not result in particulate emissions of metal HAP (e.g., metal HAP that is in ingot, paste, slurry, or moist pellet form or other form).


(2) You must use any of the methods listed in paragraphs (a)(2)(i) through (iv) of this section to control total organic HAP emissions from transfer of liquids containing Table 1 organic HAP to tank trucks or railcars. You are not required to comply with this paragraph (a)(2) if you have notified the Administrator in your initial notification that a material is reactive or resinous, and you will not be able to comply with any of the methods in paragraphs (a)(2)(i) through (iv) of this section for the transfer of such material.


(i) Use submerged loading or bottom loading.


(ii) Route emissions to a fuel gas system or process in accordance with § 63.982(d) of subpart SS.


(iii) Vapor balance back to the storage tank or another storage tank connected by a common header.


(iv) Vent through a closed-vent system to a control device.


(3) You must conduct inspections of process vessels and equipment for each CMPU in organic HAP service or metal HAP service, as specified in paragraphs (a)(3)(i) through (v) of this section, to demonstrate compliance with paragraph (a)(1) of this section and to determine that the process vessels and equipment are sound and free of leaks. Alternatively, except when the subject CMPU contains metal HAP as particulate, inspections may be conducted while the subject process vessels and equipment are in VOC service, provided that leaks can be detected when in VOC service.


(i) Inspections must be conducted at least quarterly.


(ii) For these inspections, detection methods incorporating sight, sound, or smell are acceptable. Indications of a leak identified using such methods constitute a leak unless you demonstrate that the indications of a leak are due to a condition other than loss of HAP. If indications of a leak are determined not to be HAP in one quarterly monitoring period, you must still perform the inspection and demonstration in the next quarterly monitoring period.


(iii) As an alternative to conducting inspections, as specified in paragraph (a)(3)(ii) of this section, you may use Method 21 of 40 CFR part 60, appendix A-7, with a leak definition of 500 ppmv to detect leaks. You may also use Method 21 with a leak definition of 500 ppmv to determine if indications of a leak identified during an inspection conducted in accordance with paragraph (a)(3)(ii) of this section are due to a condition other than loss of HAP. The procedures in this paragraph (a)(3)(iii) may not be used as an alternative to the inspection required by paragraph (a)(3)(ii) of this section for process vessels that contain metal HAP as particulate.


(iv) Inspections must be conducted while the subject CMPU is operating.


(v) No inspection is required in a calendar quarter during which the subject CMPU does not operate for the entire calendar quarter and is not in organic HAP service or metal HAP service. If the CMPU operates at all during a calendar quarter, an inspection is required.


(4) You must repair any leak within 15 calendar days after detection of the leak, or document the reason for any delay of repair. For the purposes of this paragraph (a)(4), a leak will be considered “repaired” if a condition specified in paragraph (a)(4)(i), (ii), or (iii) of this section is met.


(i) The visual, audible, olfactory, or other indications of a leak to the atmosphere have been eliminated, or


(ii) No bubbles are observed at potential leak sites during a leak check using soap solution, or


(iii) The system will hold a test pressure.


(5) You must keep records of the dates and results of each inspection event, the dates of equipment repairs, and, if applicable, the reasons for any delay in repair.


(b) Small heat exchange systems. For each heat exchange system subject to this subpart with a cooling water flow rate less than 8,000 gallons per minute (gal/min) and not meeting one or more of the conditions in § 63.104(a), you must comply with paragraphs (b)(1) through (3) of this section, or as an alternative, you may comply with any one of the requirements in Item 1.a or 1.b of Table 8 to this subpart.


(1) You must develop and operate in accordance with a heat exchange system inspection plan. The plan must describe the inspections to be performed that will provide evidence of hydrocarbons in the cooling water. Among other things, inspections may include checks for visible floating hydrocarbon on the water, hydrocarbon odor, discolored water, and/or chemical addition rates. You must conduct inspections at least once per quarter, even if the previous inspection determined that the indications of a leak did not constitute a leak as defined by § 63.104(b)(6).


(2) You must perform repairs to eliminate the leak and any indications of a leak or demonstrate that the HAP concentration in the cooling water does not constitute a leak, as defined by § 63.104(b)(6), within 45 calendar days after indications of the leak are identified, or you must document the reason for any delay of repair in your next semiannual compliance report.


(3) You must keep records of the dates and results of each inspection, documentation of any demonstrations that indications of a leak do not constitute a leak, the dates of leak repairs, and, if applicable, the reasons for any delay in repair.


(c) Startup, shutdown and malfunction. Startup, shutdown, and malfunction (SSM) provisions in subparts that are referenced in paragraphs (a) and (b) of this section do not apply.


(d) General duty. At all times, you must operate and maintain any affected CMPU, 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, 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 CMPU.


[74 FR 56041, Oct. 29, 2009, as amended at 77 FR 75756, Dec. 21, 2012]


§ 63.11496 What are the standards and compliance requirements for process vents?

(a) Organic HAP emissions from batch process vents. You must comply with the requirements in paragraphs (a)(1) through (4) of this section for organic HAP emissions from your batch process vents for each CMPU using Table 1 organic HAP. If uncontrolled organic HAP emissions from all batch process vents from a CMPU subject to this subpart are equal to or greater than 10,000 pounds per year (lb/yr), you must also comply with the emission limits and other requirements in Table 2 to this subpart.


(1) You must determine the sum of actual organic HAP emissions from all of your batch process vents within a CMPU subject to this subpart using process knowledge, engineering assessment, or test data. Emissions for a standard batch in a process may be used to represent actual emissions from each batch in that process. You must maintain records of the calculations. Calculations of annual emissions are not required if you meet the emission standards for batch process vents in Table 2 to this subpart.


(2) As an alternative to calculating actual emissions for each affected CMPU at your facility, you may elect to estimate emissions for each CMPU based on the emissions for the worst-case CMPU. The worst-case CMPU means the CMPU at the affected source with the highest organic HAP emissions per batch. The worst-case emissions per batch are used with the number of batches run for other affected CMPU. Process knowledge, engineering assessment, or test data may be used to identify the worst-case process. You must keep records of the information and procedures used to identify the worst-case process.


(3) If your current estimate is that emissions from batch process vents from a CMPU are less than 10,000 pounds per year (lb/yr), then you must keep a record of the number of batches of each process operated per month. Also, you must reevaluate your total emissions from batch process vents prior to making any process changes that affect emission calculations in paragraphs (a)(1) and (2) of this section. If projected emissions increase to 10,000 lb/yr or more, you must be in compliance options for batch process vents in Table 2 to this subpart upon initiating operation under the new operating conditions. You must maintain records documenting the results of all updated emissions calculations.


(4) As an alternative to determining the HAP emissions, you may elect to demonstrate that the amount of organic HAP used in the process is less than 10,000 lb/yr. You must keep monthly records of the organic HAP usage.


(b) Organic HAP emissions from continuous process vents. You must comply with the requirements in paragraphs (b)(1) through (3) of this section for organic HAP emissions from your continuous process vents for each CMPU subject to this subpart using Table 1 organic HAP. If the total resource-effectiveness (TRE) index value for a continuous process vent is less than or equal to 1.0, you must also comply with the emission limits and other requirements in Table 3 to this subpart.


(1) You must determine the TRE index value according to the procedures in § 63.115(d), except as specified in paragraphs (b)(1)(i) through (iii) of this section.


(i) You are not required to calculate the TRE index value if you control emissions in accordance with Table 3 to this subpart.


(ii) Sections 63.115(d)(1)(i) and (ii) are not applicable for the purposes of this paragraph (b)(1)(ii).


(iii) You may assume the TRE for a vent stream is >1.0 if the amount of organic HAP emitted in the vent stream is less than 0.1 pound per hour.


(2) If the current TRE index value is greater than 1, you must recalculate the TRE index value before you make any process or operational change that affects parameters in the calculation. If the recalculated TRE is less than or equal to 1.0, then you must comply with one of the compliance options for continuous process vents in Table 3 to this subpart before operating under the new operating conditions. You must maintain records of all TRE calculations.


(3) If a recovery device as defined in § 63.11502 is used to maintain the TRE index value at a level greater than 1.0 and less than or equal to 4.0, you must comply with § 63.982(e) and the requirements specified therein.


(c) Combined streams. If you combine organic HAP emissions from batch process vents and continuous process vents, you must comply with the more stringent standard in Table 2 or Table 3 to this subpart that applies to any portion of the combined stream, or you must comply with Table 2 for the batch process vents and Table 3 for the continuous process vents. The TRE index value for continuous process vents and the annual emissions from batch process vents shall be determined for the individual streams before they are combined, and prior to any control (e.g., by subtracting any emission contributions from storage tanks, continuous process vents or batch process vents, as applicable), in order to determine the most stringent applicable requirements.


(d) Halogenated streams. You must determine if an emission stream is a halogenated vent stream by calculating the mass emission rate of halogen atoms in accordance with § 63.115(d)(2)(v). Alternatively, you may elect to designate the emission stream as halogenated. If you use a combustion device to comply with the emission limits for organic HAP from a halogenated batch process vent or a halogenated continuous process vent, you must use a halogen reduction device to meet the emission limit in either paragraph (d)(1) or (d)(2) of this section and in accordance with § 63.994 and the requirements referenced therein.


(1) Reduce overall emissions of hydrogen halide and halogen HAP after the combustion device by greater than or equal to 95 percent, to less than or equal to 0.45 kilograms per hour (kg/hr), or to a concentration less than or equal to 20 parts per million by volume (ppmv).


(2) Reduce the halogen atom mass emission rate before the combustion device to less than or equal to 0.45 kg/hr or to a concentration less than or equal to 20 ppmv.


(e) Alternative standard for organic HAP. Exceptions to the requirements for the alternative standard requirements specified in Tables 2 and 3 to this subpart and § 63.2505 are specified in paragraphs (e)(1) through (6) of this section.


(1) When § 63.2505 of subpart FFFF refers to Tables 1 and 2 to subpart FFFF and §§ 63.2455 and 63.2460, it means Tables 2 and 3 to this subpart and § 63.11496(a) and (b).


(2) Sections 63.2505(a)(2) and (b)(9) do not apply.


(3) When § 63.2505(b) references § 63.2445 it means § 63.11494(f) through (h).


(4) The requirements for hydrogen halide and halogen HAP apply only to hydrogen halide and halogen HAP generated in a combustion device that is used to comply with the alternative standard.


(5) When § 63.1258(b)(5)(ii)(B)(2) refers to a “notification of process change” report, it means the semi-annual compliance report required by § 63.11501(d) for the purposes of this subpart.


(6) CEMS requirements and data reduction requirements for CEMS specified in § 63.2450(j) apply.


(f) Emissions from metal HAP process vents. You must comply with the requirements in paragraphs (f)(1) and (2) of this section for metal HAP emissions from each CMPU using Table 1 metal HAP. If the collective uncontrolled metal HAP emissions from all metal HAP process vents from a CMPU are equal to or greater than 400 lb/yr, then you must also comply with the emission limits and other requirements in Table 4 to this subpart and in paragraph (f)(3), (4), or (5) of this section. The requirements of this paragraph (f) do not apply to metal HAP process vents from CMPU containing only metal HAP that are in a liquid solution or other form that will not result in particulate emissions of metal HAP (e.g., metal HAP that is in ingot, paste, slurry, or moist pellet form or other form).


(1) You must determine the sum of metal HAP emissions from all metal HAP process vents within a CMPU subject to this subpart, except you are not required to determine the annual emissions if you control the metal HAP process vents within a CMPU in accordance with Table 4 to this subpart or if you determine your total metal HAP usage in the process unit is less than 400 lb/yr. To determine the mass emission rate you may use process knowledge, engineering assessment, or test data. You must keep records of the emissions calculations.


(2) If your current estimate is that total uncontrolled metal HAP emissions from a CMPU subject to this subpart are less than 400 lb/yr, then you must keep records of either the number of batches operated per month (batch vents) or the process operating hours (continuous vents). Also, you must reevaluate your total emissions before you make any process or operational change that affects emissions of metal HAP. If projected emissions increase to 400 lb/yr or more, then you must be in compliance with one of the options for metal HAP process vents in Table 4 to this subpart upon initiating operation under the new operating conditions. You must keep records of all recalculated emissions determinations.


(3) If you have an existing source subject to the HAP metals emission limits specified in Table 4 to this subpart, you must comply with the initial compliance and monitoring requirements in paragraphs (f)(3)(i) through (iii) of this section. You must keep records of monitoring results to demonstrate continuous compliance.


(i) You must prepare a monitoring plan containing the information in paragraphs (f)(3)(i)(A) through (E) of this section. The plan must be maintained on-site and be available on request. You must operate and maintain the control device according to a site-specific monitoring plan at all times.


(A) A description of the device;


(B) Results of a performance test or engineering assessment conducted in accordance with paragraph (f)(3)(ii) of this section verifying the performance of the device for reducing HAP metals or particulate matter (PM) to the levels required by this subpart;


(C) Operation and maintenance plan for the control device (including a preventative maintenance schedule consistent with the manufacturer’s instructions for routine and long-term maintenance) and continuous monitoring system (CMS).


(D) A list of operating parameters that will be monitored to maintain continuous compliance with the applicable emissions limits; and


(E) Operating parameter limits based on either monitoring data collected during the performance test or established in the engineering assessment.


(ii) You must conduct a performance test or an engineering assessment for each CMPU subject to a HAP metals emissions limit in Table 4 to this subpart and report the results in your Notification of Compliance Status (NOCS). Each performance test or engineering assessment must be conducted under representative operating conditions, and sampling for each performance test must be conducted at both the inlet and outlet of the control device. Upon request, you shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. If you own or operate an existing affected source, you are not required to conduct a performance test if a prior performance test was conducted within the 5 years prior to the effective date using the same methods specified in paragraph (f)(3)(iii) of this section, and, either no process changes have been made since the test, or, if you can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes.


(iii) If you elect to conduct a performance test, it must be conducted according to requirements in § 63.11410(j)(1). As an alternative to conducting a performance test using Method 5 or 5D to determine the concentration of PM, you may use Method 29 in 40 CFR part 60, appendix A-8 to determine the concentration of HAP metals. You have demonstrated initial compliance if the overall reduction of either HAP metals or total PM is equal to or greater than 95 percent.


(4) If you have a new source using a baghouse as a control device, you must install, operate, and maintain a bag leak detection system on all baghouses used to comply with the HAP metals emissions limit in Table 4 to this subpart. You must comply with the testing, monitoring, and recordkeeping requirements in § 63.11410(g), (i), and (j)(1), except you are not required to submit the monitoring plan required by § 63.11410(g)(2) for approval.


(5) If you have a new source using a control device other than a baghouse to comply with the HAP metals emission limits in Table 4 to this subpart, you must comply with the initial compliance and monitoring requirements in paragraphs (f)(3)(i) through (iii) of this section.


(g) Exceptions and alternatives to 40 CFR part 63, subpart SS. If you are complying with the emission limits and other requirements for continuous process vents in Table 3 to this subpart, the provisions in paragraphs (g)(1) through (7) and (9) of this section apply in addition to the provisions in 40 CFR part 63, subpart SS. If you are complying with the emission limits and other requirements for batch process vents in Table 2 to this subpart, the provisions in paragraphs (g)(1) through (8) of this section apply in addition to the provisions in subpart SS.


(1) Requirements for performance tests. (i) The requirements specified in § 63.2450(g)(1) through (4) apply instead of, or in addition to, the requirements specified in 40 CFR part 63, subpart SS.


(ii) Upon request, you shall make available to the Administrator, such records as may be necessary to determine the conditions of performance tests.


(2) Design evaluation. To determine initial compliance with a percent reduction or outlet concentration emission limit, you may elect to conduct a design evaluation as specified in § 63.1257(a)(1) instead of a performance test as specified in subpart SS of this part 63. You must establish the value(s) and basis for the operating limits as part of the design evaluation. For continuous process vents, the design evaluation must be conducted at maximum representative operating conditions for the process, unless the Administrator specifies or approves alternate operating conditions. For batch process vents, the design evaluation must be conducted under worst-case conditions, as specified in § 63.2460(c)(2).


(3) Outlet concentration correction for combustion devices. When § 63.997(e)(2)(iii)(C) requires you to correct the measured concentration at the outlet of a combustion device to 3 percent oxygen if you add supplemental combustion air, the requirements in either paragraph (g)(3)(i) or (g)(3)(ii) of this section apply for the purposes of this subpart.


(i) You must correct the concentration in the gas stream at the outlet of the combustion device to 3 percent oxygen if you add supplemental gases, as defined in § 63.2550, to the vent stream, or;


(ii) You must correct the measured concentration for supplemental gases using Equation 1 of § 63.2460; you may use process knowledge and representative operating data to determine the fraction of the total flow due to supplemental gas.


(4) Continuous parameter monitoring. The provisions in § 63.2450(k)(1) through (6) apply in addition to the requirements for continuous parameter monitoring systems (CPMS) in subpart SS of this part 63, except as specified in paragraphs (g)(4)(i) and (ii) of this section.


(i) You may measure pH or caustic strength of the scrubber effluent at least once per day for any halogen scrubber within a CMPU subject to this rule.


(ii) The requirements in § 63.2450(k)(6) to request approval of a procedure to monitor operating parameters does not apply for the purposes of this subpart. You must provide the required information in your NOCS report required by § 63.11501(b).


(5) Startup, shutdown, malfunction (SSM). Sections 63.996(c)(2)(ii) and 63.998(b)(2)(iii), (b)(6)(i)(A), (c)(1)(ii)(E) and (d)(3) do not apply for the purposes of this subpart.


(6) Excused excursions. Excused excursions, as defined in subpart SS of this part 63, are not allowed.


(7) Energetics and organic peroxides. If an emission stream contains energetics or organic peroxides that, for safety reasons, cannot meet an applicable emission limit specified in this subpart, then you must submit an application to the Administrator explaining why an undue safety hazard would be created if the air emission controls were installed, and you must describe the procedures that you will implement to minimize HAP emissions from these vent streams in lieu of the emission limitations in this section.


(8) Additional requirements for batch process vents. The provisions specified in § 63.2460(c) apply in addition to the provisions in subpart SS of this part 63, except as specified in paragraphs (g)(8)(i) through (iii) of this section.


(i) References to emission limits in Table 2 to subpart FFFF mean the emission limits in Table 2 to this subpart.


(ii) References to MCPU mean CMPU for purposes of this subpart.


(iii) Section 63.2460(c)(8) does not apply for the purposes of this subpart.


(9) Parameter monitoring averaging periods. Daily averages required in § 63.998(b)(3) apply at all times except during startup and shutdown. Separate averages shall be determined for each period of startup and period of shutdown.


(h) Surge control vessels and bottoms receivers. For each surge control vessel and bottoms receiver that meets the applicability criteria for storage tanks specified in Table 5 to this subpart, you must meet the emission limits and control requirements specified in Table 5 to this subpart.


(i) Startup, shutdown, and malfunction (SSM). References to SSM provisions in subparts that are referenced in paragraphs (a) through (h) of this section or Tables 2 through 5 to this subpart do not apply.


[74 FR 56041, Oct. 29, 2009, as amended at 77 FR 75757, Dec. 21, 2012]


§ 63.11497 What are the standards and compliance requirements for storage tanks?

(a) You must comply with the emission limits and other requirements in Table 5 to this subpart and in paragraph (b) of this section for organic HAP emissions from each of your storage tanks that meet the applicability criteria in Table 5 to this subpart.


(b) Planned routine maintenance for a control device. Operate in accordance with paragraphs (b)(1) through (3) of this section for periods of planned routine maintenance of a control device for storage tanks.


(1) Add no material to the storage tank during periods of planned routine maintenance.


(2) Limit periods of planned routine maintenance for each control device (or series of control devices) to no more than 240 hours per year (hr/yr), or 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 and it must be submitted at least 60 days before the 240-hour limit will be exceeded.


(3) Keep records of the day and time at which planned routine maintenance periods begin and end, and keep a record of the type of maintenance performed.


(c) References to SSM provisions in subparts that are referenced in paragraphs (a) or (b) of this section or Table 5 to this subpart do not apply.


(d) Combustion of halogenated streams. If you use a combustion device to comply with the emission limits for organic HAP from a halogenated vent stream from a storage tank, you must reduce emissions in accordance with § 63.11496(d) and the requirements referenced therein.


[74 FR 56041, Oct. 29, 2009, as amended at 77 FR 75757, Dec. 21, 2012]


§ 63.11498 What are the standards and compliance requirements for wastewater systems?

(a) You must comply with the requirements in paragraph (a)(1) and (2) of this section and in Table 6, Item 1 to this subpart for all wastewater streams from a CMPU subject to this subpart. If the partially soluble HAP concentration in a wastewater stream is equal to or greater than 10,000 parts per million by weight (ppmw) and the wastewater stream contains a separate organic phase, then you must also comply with Table 6, Item 2 to this subpart for that wastewater stream. Partially soluble HAP are listed in Table 7 to this subpart.


(1) Except as specified in paragraph (a)(2) of this section, you must determine the total concentration of partially soluble HAP in each wastewater stream using process knowledge, engineering assessment, or test data. Also, you must reevaluate the concentration of partially soluble HAP if you make any process or operational change that affects the concentration of partially soluble HAP in a wastewater stream.


(2) You are not required to determine the partially soluble concentration in wastewater that is hard piped to a combustion unit or hazardous waste treatment unit, as specified in Table 6, Item 2.b to this subpart.


(3) Separated organic material that is recycled to a process is no longer wastewater and no longer subject to the wastewater requirements after it has been recycled.


(b) The requirements in Item 2 of Table 6 to this subpart do not apply during periods of startup or shutdown. References to SSM provisions in subparts that are referenced in paragraph (a) of this section or Table 6 to this subpart do not apply.


[74 FR 56041, Oct. 29, 2009, as amended at 77 FR 75757, Dec. 21, 2012]


§ 63.11499 What are the standards and compliance requirements for heat exchange systems?

(a) If the cooling water flow rate in your heat exchange system is equal to or greater than 8,000 gal/min and is not meeting one or more of the conditions in § 63.104(a), then you must comply with one of the requirements specified in Table 8 to this subpart.


(b) For equipment that meets Current Good Manufacturing Practice (CGMP) requirements of 21 CFR part 211, you may use the physical integrity of the reactor as the surrogate indicator of heat exchanger system leaks when complying with Item 1.a in Table 8 to this subpart.


(c) Any reference to SSM provisions in other subparts that are referenced in paragraphs (a) and (b) of this section or Table 8 to this subpart do not apply.


§ 63.11500 What compliance options do I have if part of my plant is subject to both this subpart and another Federal standard?

For any CMPU, heat exchange system, or wastewater system subject to the provisions of both this subpart and another rule, you may elect to comply only with the more stringent provisions as specified in paragraphs (a) through (d) of this section. You must consider all provisions of the rules, including monitoring, recordkeeping, and reporting. You must identify the subject CMPU, heat exchange system, and/or wastewater system, and the provisions with which you will comply in your NOCS report required by § 63.11501(b). You also must demonstrate in your NOCS report that each provision with which you will comply is at least as stringent as the otherwise applicable requirement in this subpart VVVVVV. You are responsible for making accurate determinations concerning the more stringent standards and noncompliance with this rule is not excused if it is later determined that your determination was in error and, as a result, you are violating this subpart. Compliance with this rule is your responsibility and the NOCS report does not alter or affect that responsibility.


(a) Compliance with other subparts of this part 63. (1) If any part of a CMPU that is subject to the provisions of this subpart is also subject to the provisions of another subpart of 40 CFR part 63, then compliance with any of the requirements in the other subpart of this part 63 that are at least as stringent as the corresponding requirements in this subpart VVVVVV constitutes compliance with this subpart VVVVVV.


(2) After the compliance dates specified in § 63.11494, at an offsite reloading or cleaning facility subject to § 63.1253(f), as referenced from § 63.2470(e) and Table 4 to subpart VVVVVV, compliance with the monitoring, recordkeeping, and reporting provisions of any other subpart of this part 63 constitutes compliance with the monitoring, recordkeeping, and reporting provisions of § 63.1253(f)(7)(ii) or (iii). You must identify in your notification of compliance status report required by § 63.11501(b) the subpart of this part 63 with which the owner or operator of the offsite reloading or cleaning facility complies.


(b) Compliance with subparts of 40 CFR part 60. If any part of a CMPU that is subject to the provisions of this subpart is also subject to the provisions of subpart VV, DDD, III, NNN, RRR, or YYY in 40 CFR part 60, then compliance with any of the requirements in 40 CFR part 60, subpart VV, DDD, III, NNN, RRR, or YYY that are at least as stringent as the corresponding requirements in this subpart VVVVVV constitutes compliance with this subpart VVVVVV.


(c) Compliance with subparts of 40 CFR part 61. If any part of a CMPU that is subject to the provisions of this subpart is also subject to the provisions of subpart V, Y, BB, or FF of 40 CFR part 61, then compliance with any of the requirements in 40 CFR part 61, subpart V, Y, BB, or FF that are at least as stringent as the corresponding requirements in this subpart VVVVVV constitutes compliance with this subpart VVVVVV.


(d) Compliance with 40 CFR parts 260 through 272. If any part of a CMPU that is subject to the provisions of this subpart is also subject to the provisions of 40 CFR parts 260 through 272, then compliance with any of the requirements in 40 CFR part 260 through 272 rule that are at least as stringent as the corresponding requirements in this subpart VVVVVV constitutes compliance with this subpart VVVVVV.


[74 FR 56041, Oct. 29, 2009, as amended at 77 FR 75757, Dec. 21, 2012]


§ 63.11501 What are the notification, recordkeeping, and reporting requirements, and how may I assert an affirmative defense for violation of emission standards during malfunction?

(a) General provisions. You must meet the requirements of the General Provisions in 40 CFR part 63, subpart A, as shown in Table 9 to this subpart. The General Provisions in other parts do not apply except when a requirement in an overlapping standard, which you determined is at least as stringent as subpart VVVVVV and with which you have opted to comply, requires compliance with general provisions in another part.


(b) Notification of compliance status (NOCS). Your NOCS required by § 63.9(h) must include the following additional information as applicable:


(1) This certification of compliance, signed by a responsible official:


(i) “This facility complies with the management practices in § 63.11495.”


(ii) “This facility complies with the requirements in § 63.11496 for HAP emissions from process vents.”


(iii) “This facility complies with the requirements in § 63.11496 and § 63.11497 for surge control vessels, bottoms receivers, and storage tanks.”


(iv) “This facility complies with the requirements in § 63.11498 to treat wastewater streams.”


(v) “This facility complies with the requirements in § 63.11499 for heat exchange systems.”


(2) If you comply with the alternative standard as specified in Table 2 to this subpart or Table 3 to this subpart, include the information specified in § 63.1258(b)(5), as applicable.


(3) If you establish an operating limit for a parameter that will not be monitored continuously in accordance with §§ 63.11496(g)(4) and 63.2450(k)(6), provide the information as specified in §§ 63.11496(g)(4) and 63.2450(k)(6).


(4) A list of all transferred liquids that are reactive or resinous materials, as defined in § 63.11502(b).


(5) If you comply with provisions in an overlapping rule in accordance with § 63.11500, identify the affected CMPU, heat exchange system, and/or wastewater system; provide a list of the specific provisions with which you will comply; and demonstrate that the provisions with which you will comply are at least as stringent as the otherwise applicable requirements, including monitoring, recordkeeping, and reporting requirements, in this subpart VVVVVV.


(c) Recordkeeping. You must maintain files of all information required by this subpart for at least 5 years following the date of each occurrence according to the requirements in § 63.10(b)(1). If you are subject, you must comply with the recordkeeping and reporting requirements of § 63.10(b)(2)(iii) and (vi) through (xiv), and the applicable requirements specified in paragraphs (c)(1) through (8) of this section.


(1) For each CMPU subject to this subpart, you must keep the records specified in paragraphs (c)(1)(i) through (viii) of this section.


(i) Records of management practice inspections, repairs, and reasons for any delay of repair, as specified in § 63.11495(a)(5).


(ii) Records of small heat exchange system inspections, demonstrations of indications of leaks that do not constitute leaks, repairs, and reasons for any delay in repair as specified in § 63.11495(b).


(iii) If batch process vent emissions are less than 10,000 lb/yr for a CMPU, records of batch process vent emission calculations, as specified in § 63.11496(a)(1), the number of batches operated each month, as specified in § 63.11496(a)(3), and any updated emissions calculations, as specified in § 63.11496(a)(3). Alternatively, keep records of the worst-case processes or organic HAP usage, as specified in § 63.11496(a)(2) and (4), respectively.


(iv) Records of all TRE calculations for continuous process vents as specified in § 63.11496(b)(2).


(v) Records of metal HAP emission calculations as specified in § 63.11496(f)(1) and (2). If total uncontrolled metal HAP process vent emissions from a CMPU subject to this subpart are estimated to be less than 400 lb/yr, also keep records of either the number of batches per month or operating hours, as specified in § 63.11496(f)(2).


(vi) Records identifying wastewater streams and the type of treatment they receive, as specified in Table 6 to this subpart.


(vii) Records of the date, time, and duration of each malfunction of operation of process equipment, control devices, recovery devices, or continuous monitoring systems used to comply with this subpart that causes a failure to meet a standard. The record must include a list of the affected sources or equipment, an estimate of the volume of each regulated pollutant emitted over the standard, and a description of the method used to estimate the emissions.


(viii) Records of actions taken during periods of malfunction to minimize emissions in accordance with § 63.11495(d), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation.


(2) For batch process vents subject to Table 2 to this subpart and continuous process vents subject to Table 3 to this subpart, you must keep records specified in paragraphs (c)(2)(i) or (ii) of this section, as applicable.


(i) If you route emissions to a control device other than a flare, keep records of performance tests, if applicable, as specified in § 63.998(a)(2)(ii) and (4), keep records of the monitoring system and the monitored parameters, as specified in § 63.998(b) and (c), and keep records of the closed-vent system, as specified in § 63.998(d)(1). If you use a recovery device to maintain the TRE above 1.0 for a continuous process vent, keep records of monitoring parameters during the TRE index value determination, as specified in § 63.998(a)(3).


(ii) If you route emissions to a flare, keep records of the flare compliance assessment, as specified in § 63.998(a)(1)(i), keep records of the pilot flame monitoring, as specified in § 63.998(a)(1)(ii) and (iii), and keep records of the closed-vent system, as specified in § 63.998(d)(1).


(3) For metal HAP process vents subject to Table 4 to this subpart, you must keep records specified in paragraphs (c)(3)(i) or (ii) of this section, as applicable.


(i) For a new source using a control device other than a baghouse and for any existing source, maintain a monitoring plan, as specified in § 63.11496(f)(3)(i), and keep records of monitoring results, as specified in § 63.11496(f)(3).


(ii) For a new source using a baghouse to control metal HAP emissions, keep a site-specific monitoring plan, as specified in §§ 63.11496(f)(4) and 63.11410(g), and keep records of bag leak detection systems, as specified in §§ 63.11496(f)(4) and 63.11410(g)(4).


(4) For each storage tank subject to Table 5 to this subpart, you must keep records specified in paragraphs (c)(4)(i) through (vi) of this section, as applicable.


(i) Keep records of the vessel dimensions, capacity, and liquid stored, as specified in § 63.1065(a).


(ii) Keep records of each inspection of an internal floating roof, as specified in § 63.1065(b)(1).


(iii) Keep records of each seal gap measurement for external floating roofs, as specified in § 63.1065(b)(2), and keep records of inspections of external floating roofs, as specified in § 63.1065(b)(1).


(iv) If you vent emissions to a control device other than a flare, keep records of the operating plan and measured parameter values, as specified in §§ 63.985(c) and 63.998(d)(2).


(v) If you vent emissions to a flare, keep records of all periods of operation during which the flare pilot flame is absent, as specified in §§ 63.987(c) and 63.998(a)(1), and keep records of closed-vent systems, as specified in § 63.998(d)(1).


(vi) For periods of planned routine maintenance of a control device, keep records of the day and time at which each maintenance period begins and ends, and keep records of the type of maintenance performed, as specified in § 63.11497(b)(3).


(5) For each wastewater stream subject to Item 2 in Table 6 to this subpart, keep records of the wastewater stream identification and the disposition of the organic phase(s), as specified in Item 2 to Table 6 to this subpart.


(6) For each large heat exchange system subject to Table 8 to this subpart, you must keep records of detected leaks; the date the leak was detected; if demonstrated not to be a leak, the basis for that determination; the date of efforts to repair the leak; and the date the leak is repaired, as specified in Table 8 to this subpart.


(7) You must keep a record of all transferred liquids that are reactive or resinous materials, as defined in § 63.11502(b), and not included in the NOCS.


(8) For continuous process vents subject to Table 3 to this subpart, keep records of the occurrence and duration of each startup and shutdown of operation of process equipment, or of air pollution control and monitoring equipment.


(d) Semiannual Compliance Reports. You must submit semiannual compliance reports that contain the information specified in paragraphs (d)(1) through (7) of this section, as applicable. Reports are required only for semiannual periods during which you experienced any of the events described in paragraphs (d)(1) through (8) of this section.


(1) Deviations. You must clearly identify any deviation from the requirements of this subpart.


(2) Delay of repair for a large heat exchange system. You must include the information specified in § 63.104(f)(2) each time you invoke the delay of repair provisions for a heat exchange system with a cooling water flow rate equal to or greater than 8,000 gal/min.


(3) Delay of leak repair. You must provide the following information for each delay of leak repair beyond 15 days for any process equipment, storage tank, surge control vessel, bottoms receiver, and each delay of leak repair beyond 45 days for any heat exchange system with a cooling water flow rate less than 8,000 gal/min: information on the date the leak was identified, the reason for the delay in repair, and the date the leak was repaired.


(4) Process change. You must report each process change that affects a compliance determination and submit a new certification of compliance with the applicable requirements in accordance with the procedures specified in paragraph (b) of this section.


(5) Data for the alternative standard. If you comply with the alternative standard, as specified in Table 2 to this subpart or Table 3 to this subpart, report the information required in § 63.1258(b)(5).


(6) Overlapping rule requirements. Report any changes in the overlapping provisions with which you comply.


(7) Reactive and resinous materials. Report any transfer of liquids that are reactive or resinous materials, as defined in § 63.11502(b), and not included in the NOCS.


(8) Malfunctions. If a malfunction occurred during the reporting period, the report must include the number of instances of malfunctions that caused emissions in excess of a standard. For each malfunction that caused emissions in excess of a standard, the report must include a list of the affected sources or equipment, an estimate of the volume of each regulated pollutant emitted over the standard, and a description of the method used to estimate the emissions. The report must also include a description of actions you took during a malfunction of an affected source to minimize emissions in accordance with § 63.11495(d), including actions taken to correct a malfunction.


(e) Affirmative defense for violation of emission standards during malfunction. In response to an action to enforce the standards set forth in §§ 63.11495 through 63.11499, you may assert an affirmative defense to a claim for civil penalties for violations of such standards that are caused by malfunction, as defined at 40 CFR 63.2. Appropriate penalties may be assessed if you fail to meet your burden of proving all of the requirements in the affirmative defense. The affirmative defense shall not available for claims for injunctive relief.


(1) To establish the affirmative defense in any action to enforce such a standard, you must timely meet the notification requirements in paragraph (e)(2) of this section, and must prove by a preponderance of evidence that:


(i) The violation:


(A) Was caused by a sudden, infrequent, and unavoidable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner; and


(B) Could not have been prevented through careful planning, proper design, or better operation and maintenance practices; and


(C) Did not stem from any activity or event that could have been foreseen and avoided, or planned for; and


(D) Was not part of a recurring pattern indicative of inadequate design, operation, or maintenance; and


(ii) Repairs were made as expeditiously as possible when a violation occurred. Off-shift and overtime labor were used, to the extent practicable to make these repairs; and


(iii) The frequency, amount, and duration of the violation (including any bypass) were minimized to the maximum extent practicable; and


(iv) If the violation resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and


(v) All possible steps were taken to minimize the impact of the violation on ambient air quality, the environment and human health; and


(vi) All emissions monitoring and control systems were kept in operation if at all possible, consistent with safety and good air pollution control practices; and


(vii) All of the actions in response to the violation were documented by properly signed, contemporaneous operating logs; and


(viii) At all times, the affected CMPU was operated in a manner consistent with good practices for minimizing emissions; and


(ix) A written root cause analysis has been prepared, the purpose of which is to determine, correct, and eliminate the primary causes of the malfunction and the violation resulting from the malfunction event at issue. The analysis must also specify, using best monitoring methods and engineering judgment, the amount of any emissions that were the result of the malfunction.


(2) Report. If you seek to assert an affirmative defense, you must submit a written report to the Administrator, with all necessary supporting documentation, that you have met the requirements set forth in paragraph (e)(1) of this section. This affirmative defense report must be included in the first periodic compliance report, deviation report, or excess emission report otherwise required after the initial occurrence of the violation of the relevant standard (which may be the end of any applicable averaging period). If such compliance report, deviation report, or excess emission report is due less than 45 days after the initial occurrence of the violation, the affirmative defense report may be included in the second compliance report, deviation report, or excess emission report due after the initial occurrence of the violation of the relevant standard.


[74 FR 56041, Oct. 29, 2009, as amended at 77 FR 75758, Dec. 21, 2012]


Other Requirements and Information

§ 63.11502 What definitions apply to this subpart?

(a) The following terms used in this subpart have the meaning given them in the CAA, § 63.2, subpart SS (§ 63.981), subpart WW (§ 63.1061), 40 CFR 60.111b, subpart F (§ 63.101), subpart G (§ 63.111), subpart FFFF (§ 63.2550), as specified after each term:



Administrator (§ 63.2)

Article (40 CFR 372.3)

Batch operation (§ 63.2550)

Boiler (§ 63.111)

Bottoms receiver (§ 63.2550)

CAA (§ 63.2)

Closed-vent system (§ 63.981)

Combustion device (§ 63.111)

Commenced (§ 63.2)

Compliance date (§ 63.2)

Container (§ 63.111)

Continuous monitoring system (§ 63.2)

Continuous operation (§ 63.2550)

Control device (§ 63.111)

Distillation unit (§ 63.111)

Emission standard (§ 63.2)

EPA (§ 63.2)

Fill or filling (§ 63.111)

Floating roof (§ 63.1061)

Fuel gas system (§ 63.981)

Halogen atoms (§ 63.2550)

Halogenated vent stream (§ 63.2550)

Halogens and hydrogen halides (§ 63.2550)

Hazardous air pollutant (§ 63.2)

Heat exchange system (§ 63.101)

Incinerator (§ 63.111)

Isolated intermediate (§ 63.2550)

Maintenance wastewater (§ 63.2550)

Major source (§ 63.2)

Maximum true vapor pressure (§ 63.111)

Oil-water separator or organic-water separator (§ 63.111)

Operating permit (§ 63.101)

Owner or operator (§ 63.2)

Performance test (§ 63.2)

Permitting authority (§ 63.2)

Process condenser (§ 63.2550)

Process heater (§ 63.111)

Process tank (§ 63.2550)

Process wastewater (§ 63.101)

Reactor (§ 63.111)

Responsible official (§ 63.2)

State (§ 63.2)

Supplemental gases (§ 63.2550)

Surge control vessel (§ 63.2550)

Test method (§ 63.2)

Unit operation (§ 63.101)

(b) All other terms used in this subpart shall have the meaning given them in this section. If a term is defined in the CAA, § 63.2, subpart SS (§ 63.981), subpart WW (§ 63.1061), 40 CFR 60.111b, subpart F (§ 63.101), subpart G (§ 63.111), or subpart FFFF (§ 63.2550), and in this section, it shall have the meaning given in this section for purposes of this subpart.


Affirmative defense means, in the context of an enforcement proceeding, a response or defense put forward by a defendant, regarding which the defendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding.


Ancillary activities means boilers, incinerators, and process heaters not used to comply with the emission standards in §§ 63.11495 through 63.11500, chillers and other refrigeration systems, and other equipment and activities that are not directly involved (i.e., they operate within a closed system and materials are not combined with process fluids) in the processing of raw materials or the manufacturing of a product or intermediates used in the production of the product.


Batch process vent means a vent from a CMPU or vents from multiple CMPUs within a process 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. Batch process vents include vents from batch operations and vents with intermittent flow from continuous operations that are not combined with any stream that originated as a continuous gas stream from the same continuousprocess. Examples of batch process vents include, but are not limited to, vents on condensers used for product recovery, reactors, filters, centrifuges, and process tanks. The following are not batch process vents for the purposes of this subpart:


(1) Continuous process vents;


(2) Bottoms receivers;


(3) Surge control vessels;


(4) Gaseous streams routed to a fuel gas system(s);


(5) A gas stream routed to other processes for reaction or other use in another process (i.e., for chemical value as a product, isolated intermediate, byproduct, or coproduct, or for heat value).


(6) Vents on storage tanks or wastewater systems;


(7) Drums, pails, and totes; and


(8) Emission streams from emission episodes that are undiluted and uncontrolled containing less than 50 ppmv HAP are not part of any batch process vent. The HAP concentration may be determined using any of the following: process knowledge, an engineering assessment, or test data.


Byproduct means a chemical (liquid, gas, or solid) that is produced coincidentally during the production of the product.


Chemical manufacturing process means all equipment which collectively functions to produce a product or isolated intermediate. A process includes, but is not limited to any, all, or a combination of reaction, recovery, separation, purification, or other activity, operation, manufacture, or treatment which are used to produce a product or isolated intermediate. A process is also defined by the following:


(1) All cleaning operations;


(2) Each nondedicated solvent recovery operation is considered a single process;


(3) Each nondedicated formulation operation is considered a single process;


(4) Quality assurance/quality control laboratories are not considered part of any process;


(5) Ancillary activities are not considered a process or part of any process; and


(6) The end of a process that produces a solid material is either up to and including the dryer or extruder, or for a polymer production process without a dryer or extruder, it is up to and including the die plate or solid-state reactor, except in two cases. If the dryer, extruder, die plate, or solid-state reactor is followed by an operation that is designed and operated to remove HAP solvent or residual monomer from the solid, then the solvent removal operation is the last step in the process. If the dried solid is diluted or mixed with a HAP-based solvent, then the solvent removal operation is the last step in the process.


Continuous process vent means a “process vent” as defined in § 63.101 in subpart F of this part, except:


(1) The reference in § 63.107(e) to a chemical manufacturing process unit that meets the criteria of § 63.100(b) means a CMPU that meets the criteria of § 63.11494(a) and (b);


(2) The reference in § 63.107(h)(2) to subpart H means § 63.11495(a) for the purposes of this subpart;


(3) The reference in § 63.107(h)(4) to § 63.113 means Tables 2 and 3 to this subpart;


(4) The reference in § 63.107(h)(7) to § 63.119 means Table 5 to this subpart, and the reference to § 63.126 does not apply for the purposes of this subpart;


(5) The second sentence in the definition of “process vent” in § 63.101 does not apply for the purposes of this subpart;


(6) The references to an “air oxidation reactor, distillation unit, or reactor” in § 63.107 means any continuous operation for the purposes of this subpart;


(7) Section § 63.107(h)(8) does not apply for the purposes of this subpart; and


(8) A separate determination is required for the emissions from each CMPU, even if emission streams from two or more CMPU are combined prior to discharge to the atmosphere or to a control device.


Co-Product means a chemical that is produced during the production of another chemical, both for their intended production.


Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source fails to meet any requirement or obligation established by this subpart, including, but not limited to any emissions limitation or management practice; or 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.


Engineering assessment means, but is not limited to, the following:


(1) Previous test results provided the tests are representative of current operating practices at the process unit.


(2) Bench-scale or pilot-scale test data representative of the process under representative operating conditions.


(3) Maximum flow rate, TOC emission rate, organic HAP emission rate, metal HAP emission rate, or net heating value limit specified or implied within a permit limit applicable to the process vent.


(4) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. Examples of analytical methods include, but are not limited to:


(i) Use of material balances based on process stoichiometry to estimate maximum organic HAP or metal HAP concentrations;


(ii) Estimation of maximum flow rate based on physical equipment design such as pump or blower capacities;


(iii) Estimation of TOC, organic HAP, or metal HAP concentrations based on saturation conditions; or


(iv) Estimation of maximum expected net heating value based on the vent stream concentration of each organic compound or, alternatively, as if all TOC in the vent stream were the compound with the highest heating value.


(5) All data, assumptions, and procedures used in the engineering assessment shall be documented.


Equipment means each pump, compressor, agitator, pressure relief device, sampling connection system, open-ended valve or line, valve, connector, and instrumentation system in or associated with a CMPU.


Family of materials means a grouping of materials that have the same basic composition or the same basic end use or functionality; are produced using the same basic feedstocks, the same manufacturing equipment configuration and in the same sequence of steps; and whose production results in emissions of the same Table 1 HAP at approximately the same rate per pound of product produced. Examples of families of materials include multiple grades of same product or different variations of a product (e.g., blue, black and red resins).


Feedstock means any raw material, reactant, solvent, additive, or other material introduced to a CMPU.


Hazardous waste treatment, as used in the wastewater requirements, means treatment in any of the following units:


(1) A hazardous waste incinerator for which you have been issued a final permit under 40 CFR part 270 and comply with the requirements of 40 CFR part 264, subpart O, for which you have certified compliance with the interim status requirements of 40 CFR part 265, subpart O, or for which you have submitted a Notification of Compliance under 40 CFR 63.1207(j) and comply with the requirements of 40 CFR part 63, subpart EEE at all times (including times when non-hazardous waste is being burned);


(2) A process heater or boiler for which you have been issued a final permit under 40 CFR part 270 and comply with the requirements of 40 CFR part 266, subpart H, for which you have certified compliance with the interim status requirements of 40 CFR part 266, subpart H, or for which you have submitted a Notification of Compliance under 40 CFR 63.1207(j) and comply with the requirements of 40 CFR part 63, subpart EEE at all times (including times when non-hazardous waste is being burned); or


(3) An underground injection well for which you have been issued a final permit under 40 CFR part 270 or 40 CFR part 144 and comply with the requirements of 40 CFR part 122.


In metal HAP service means that a process vessel or piece of equipment either contains or contacts a feedstock, byproduct, or product that contains metal HAP. A process vessel is no longer in metal HAP service after the vessel has been emptied to the extent practicable (i.e., a vessel with liquid left on process vessel walls or as bottom clingage, but not in pools, due to floor irregularity, is considered completely empty) and any cleaning has been completed.


In organic HAP service means that a process vessel or piece of equipment either contains or contacts a feedstock, byproduct, or product that contains an organic HAP, excluding any organic HAP used in manual cleaning activities. A process vessel is no longer in organic HAP service after the vessel has been emptied to the extent practicable (i.e., a vessel with liquid left on process vessel walls or as bottom clingage, but not in pools, due to floor irregularity, is considered completely empty) and any cleaning has been completed.


In VOC service means that a process vessel or piece of equipment either contains or contacts a fluid that contains VOC.


Metal HAP means the compounds containing metals listed as HAP in section 112(b) of the CAA.


Metal HAP process vent means the point of discharge to the atmosphere (or inlet to a control device, if any) of a metal HAP-containing gas stream from any CMPU at an affected source containing at least 50 ppmv metal HAP. The metal HAP concentration may be determined using any of the following: process knowledge, an engineering assessment, or test data.


Organic HAP means any organic HAP listed in section 112(b) of the CAA. For the purposes of requirements in this subpart VVVVVV, hydrazine is to be considered an organic HAP.


Point of determination means “point of determination” as defined in § 63.111 in subpart G of this part, except:


(1) The reference to Table 8 or Table 9 compounds means Table 9 (subpart G) or Table 7 (subpart VVVVVV) compounds;


(2) The reference to “as determined in § 63.144 of this subpart” does not apply for the purposes of this subpart; and


(3) The point of determination is made at the point where the stream exits the CMPU. If a recovery device is used, the point of determination is after the last recovery device.


Process vessel means each vessel, except hand-held containers, used in the processing of raw materials to chemical products. Examples include, but are not limited to reactors, distillation units, centrifuges, mixing vessels, and process tanks.


Product means a compound or chemical which is manufactured as the intended product of the CMPU. Products include co-products. By-products, impurities, wastes, and trace contaminants are not considered products.


Reactive material means energetics, organic peroxides, and unstable chemicals such as chemicals that react violently with water and chemicals that vigorously polymerize, decompose, or become self-reactive under conditions of pressure or temperature.


Recovery device means an individual unit of equipment capable of and normally used for the purpose of recovering organic chemicals or metal-containing chemicals for fuel value (i.e., net positive heating value), use, reuse, or for sale for fuel value, use, or reuse. Examples of equipment that may be recovery devices include absorbers, carbon adsorbers, condensers, oil-water separators or organic-water separators, or organic removal devices such as decanters, strippers, or thin-film evaporation units.


Resinous material means a viscous, high-boiling point material resembling pitch or tar, such as plastic resin, that sticks to or hardens in the fill pipe under normal transfer conditions.


Shutdown, for a unit operation with a continuous process vent, means the cessation of the unit operation for any purpose. Shutdown begins with the initiation of steps as described in a written standard operating procedures (SOP) or shutdown plan to cease normal/stable operation (e.g., reducing or immediately stopping feed).


Startup, for a unit operation with a continuous process vent, means the setting in operation of the unit for any purpose. The period of startup ends upon completion of the transient, non-equilibrium step at the time operating conditions reach steady state for operating parameters such as temperature, pressure, composition, feed rate, and production rate. Periods of startup described by SOP manuals at the affected source may be used to determine the period of startup.


Storage tank means a tank or other vessel that is used to store liquids that contain organic HAP and that are part of a CMPU subject to this subpart VVVVVV. 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 (kPa) and without emissions to the atmosphere;


(3) Process tanks;


(4) Tanks storing organic liquids containing HAP only as impurities;


(5) Surge control vessels;


(6) Bottoms receivers; and


(7) Wastewater storage tanks.


Transfer operations means all product loading into tank trucks and rail cars of liquid containing organic HAP from a transfer rack. Transfer operations do not include the loading to other types of containers such as cans, drums, and totes.


Transfer rack means the system used to load organic liquids into tank trucks and railcars at a single geographic site. It includes all loading arms, pumps, meters, shutoff valves, relief valves, and other piping and equipment necessary for the transfer operation. Transfer equipment that are physically separate (i.e., do not share common piping, valves, and other equipment) are considered to be separate transfer racks.


Uncontrolled emissions means organic HAP process vent emissions or metal HAP process vent emissions, as applicable, at the outlet of the last recovery device, if any, and prior to any control device. In the absence of both recovery devices and control devices, uncontrolled emissions are the emissions discharged to the atmosphere.


Wastewater means water that is discarded from a CMPU or control device and that contains at least 5 ppmw of any HAP listed in Table 9 to 40 CFR part 63, subpart G and has an annual average flow rate of 0.02 liters per minute. Wastewater means both process wastewater and maintenance wastewater that is discarded from a CMPU or control device. The following are not considered wastewater for the purposes of this subpart:


(1) Stormwater from segregated sewers;


(2) Water from fire-fighting and deluge systems, including testing of such systems;


(3) Spills;


(4) Water from safety showers;


(5) Samples of a size not greater than reasonably necessary for the method of analysis that is used;


(6) Equipment leaks;


(7) Wastewater drips from procedures such as disconnecting hoses after cleaning lines; and


(8) Noncontact cooling water.


Wastewater stream means a single point discharge of wastewater from a CMPU or control device.


Wastewater treatment means chemical, biological, and mechanical procedures applied to wastewater to remove or reduce HAP or other chemical constituents.


[74 FR 56041, Oct. 29, 2009, as amended at 77 FR 75759, Dec. 21, 2012]


§ 63.11503 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority such as a State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or tribal agency pursuant to 40 CFR part 63, subpart E, 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 a State, local, or tribal agency within your State.


(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 approval authorities contained in paragraphs (b)(1) through (4) of this section are retained by the Administrator of the U.S. EPA and are not transferred to the State, local, or tribal agency.


(1) Approval of an alternative non-opacity emissions standard under § 63.6(g).


(2) Approval of a major change to a test method. A “major change to test method” is defined in § 63.90.


(3) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” is defined in § 63.90.


(4) Approval of a major change to recordkeeping/reporting under § 63.10(f). A “major change to recordkeeping/reporting” is defined in § 63.90.


Table 1 to Subpart VVVVVV of Part 63 – Hazardous Air Pollutants Used To Determine Applicability of Chemical Manufacturing Operations

As required in § 63.11494(a), chemical manufacturing operations that process, use, or produce the HAP shown in the following table are subject to subpart VVVVVV.


Type of HAP
Chemical name
CAS No.
1. Organic compoundsa. 1,3-butadiene106990
b. 1,3-dichloropropene542756
c. Acetaldehyde75070
d. Chloroform67663
e. Ethylene dichloride107062
f. Hexachlorobenzene118741
g. Methylene chloride75092
h. Quinoline91225
2. Metal compoundsa. Arsenic compounds
b. Cadmium compounds
c. Chromium compounds
d. Lead compounds
e. Manganese compounds
f. Nickel compounds
3. Othersa. Hydrazine302012

Table 2 to Subpart VVVVVV of Part 63 – Emission Limits and Compliance Requirements for Batch Process Vents

As required in § 63.11496, you must comply with the requirements for batch process vents as shown in the following table.


For * * *
You must * * *
Except * * *
1. Batch process vents in a CMPU at an existing source for which the total organic HAP emissions are equal to or greater than 10,000 lb/yra. Reduce collective uncontrolled total organic HAP emissions from the sum of all batch process vents by ≥85 percent by weight or to ≤20 ppmv by routing emissions from a sufficient number of the batch process vents through a closed vent system to any combination of control devices (except a flare) in accordance with the requirements of § 63.982(c) and the requirements referenced therein; ori. Compliance may be based on either total organic HAP or total organic carbon (TOC); and

ii. As specified in § 63.11496(g).
b. Route emissions from batch process vents containing at least 85 percent of the uncontrolled total organic HAP through a closed-vent system to a flare (except that a flare may not be used to control halogenated vent streams) in accordance with the requirements of § 63.982(b) and the requirements referenced therein; ori. Not applicable.
c. Comply with the alternative standard specified in § 63.2505 and the requirements referenced therein; ori. As specified in § 63.11496(e) of this subpart.
d. Comply with combinations of the requirements in Items a., b., and c. of this Table for different groups of batch process ventsi. The information specified above for Items a., b., and c., as applicable.
2. Batch process vents in a CMPU at a new source for which the total organic HAP emissions are equal to or greater than 10,000 lb/yra. Comply with any of the emission limits in Items 1.a through 1.d of this Table, except 90 percent reduction applies instead of 85 percent reduction in Item 1.a, and 90 percent of the emissions must be routed to a flare instead of 85 percent in Item 1.bi. The information specified above for Items 1.a., 1.b., 1.c., and 1.d, as applicable.
3. Halogenated batch process vent stream at a new or existing source that is controlled through combustiona. Comply with the requirements for halogen scrubbers in § 63.11496(d).

Table 3 to Subpart VVVVVV of Part 63 – Emission Limits and Compliance Requirements for Continuous Process Vents

[As required in § 63.11496, you must comply with the requirements for continuous process vents as shown in the following table]

For . . .
You must . . .
Except . . .
1. Each continuous process vent with a TRE ≤1.0a. Reduce emissions of total organic HAP by ≥95 percent by weight (≥85 percent by weight for periods of startup or shutdown) or to ≤20 ppmv by routing emissions through a closed vent system to any combination of control devices (except a flare) in accordance with the requirements of § 63.982(c) and the requirements referenced therein; ori. Compliance may be based on either total organic HAP or TOC; and

ii. As specified in § 63.11496(g).
b. Reduce emissions of total organic by HAP by routing all emissions through a closed-vent system to a flare (except that a flare may not be used to control halogenated vent streams) in accordance with the requirements of § 63.982(b) and the requirements referenced therein, ori. Not applicable.
c. Comply with the alternative standard specified in § 63.2505 and the requirements referenced thereini. As specified in § 63.11496(e).
2. Halogenated vent stream that is controlled through combustiona. Comply with the requirements for halogen scrubbers in § 63.11496(d).
3. Each continuous process vent with a TRE >1.0 but ≤4.0a. Comply with the requirements of § 63.982(e) and the requirements specified therein if a recovery device, as defined in § 63.11502, is used to maintain a TRE >1.0 but ≤4.0.

[77 FR 75760, Dec. 21, 2012]


Table 4 to Subpart VVVVVV of Part 63 – Emission Limits and Compliance Requirements for Metal HAP Process Vents

As required in § 63.11496(f), you must comply with the requirements for metal HAP process vents as shown in the following table.


For * * *
You must * * *
Except * * *
Each CMPU with total metal HAP emissions ≥400 lb/yrReduce collective uncontrolled emissions of total metal HAP emissions by ≥95 percent by weight by routing emissions from a sufficient number of the metal process vents through a closed-vent system to any combination of control devices, according to the requirements of § 63.11496(f)(3), (4), or (5)Not applicable.

Table 5 to Subpart VVVVVV of Part 63 – Emission Limits and Compliance Requirements for Storage Tanks

As required in § 63.11497, you must comply with the requirements for storage tanks as shown in the following table.


For each * * *
You must * * *
Except * * *
1. Storage tank with a design capacity ≥40,000 gallons, storing liquid that contains organic HAP listed in Table 1 to this subpart, and for which the maximum true vapor pressure (MTVP) of total organic HAP at the storage temperature is ≥5.2 kPa and a. Comply with the requirements of subpart WW of this part;i. All required seals must be installed by the compliance date in § 63.11494.
b. Reduce total organic HAP emissions by ≥95 percent by weight by operating and maintaining a closed-vent system and control device (other than a flare) in accordance with § 63.982(c); ori. Compliance may be based on either total organic HAP or TOC;

ii. When the term storage vessel is used in subpart SS of this part, the term storage tank, surge control vessel, or bottoms receiver, as defined in § 63.11502 of this subpart, applies; and

iii. The requirements do not apply during periods of planned routine maintenance of the control device, as specified in § 63.11497(b).
c. Reduce total HAP emissions by operating and maintaining a closed-vent system and a flare in accordance with § 63.982(b); ori. The requirements do not apply during periods of planned routine maintenance of the flare, as specified in § 63.11497(b); and

ii. When the term storage vessel is used in subpart SS of this part, it means storage tank, surge control vessel, or bottoms receiver, as defined in § 63.11502 of this subpart.
d. Vapor balance in accordance with § 63.2470(e); ori. To comply with § 63.1253(f)(6)(i), the owner or operator of an offsite cleaning or reloading facility must comply with § 63.11494 and § 63.11502 instead of complying with § 63.1253(f)(7)(ii), except as specified in item 1.d.ii and 1.2.iii of this table.

ii. The reporting requirements in § 63.11501 do not apply to the owner or operator of the offsite cleaning or reloading facility.

iii. As an alternative to complying with the monitoring, recordkeeping, and reporting provisions in §§ 63.11494 through 63.11502, the owner or operator of an offsite cleaning or reloading facility may comply as specified in § 63.11500 with any other subpart of this part 63 which has monitoring, recordkeeping, and reporting provisions as specified in § 63.11500.
e. Route emissions to a fuel gas system or process in accordance with the requirements in § 63.982(d) and the requirements referenced therein.i. When the term storage vessel is used in subpart SS of this part, it means storage tank, surge control vessel, or bottoms receiver, as defined in § 63.11502.
2. Storage tank with a design capacity ≥20,000 gallons and a. Comply with one of the options in Item 1 of this tablei. The information specified above for Items 1.a., 1.b., 1.c., 1.d, and 1.e, as applicable.
3. Storage tank with a design capacity ≥20,000 gallons, storing liquid that contains organic HAP listed in Table 1 to this subpart, and for which the MTVP of total organic HAP at the storage temperature is ≥76.6 kPaa. Comply with option b, c, d, or e in Item 1 of this tablei. The information specified above for Items 1.b., 1.c., 1.d, and 1.e, as applicable.
4. Storage tank described by Item 1, 2, or 3 in this table and emitting a halogenated vent stream that is controlled with a combustion devicea. Reduce emissions of hydrogen halide and halogen HAP by ≥95 percent by weight, or to ≤0.45 kg/hr, or to ≤20 ppmv by using a halogen reduction device after the combustion device according to the requirements in § 63.11496(d); or
b. Reduce the halogen atom mass emission rate to ≤0.45 kg/hr or to ≤20 ppmv by using a halogen reduction device before the combustion device according to the requirements in § 63.11496(d).

[74 FR 56041, Oct. 29, 2009, as amended at 77 FR 75760, Dec. 21, 2012]


Table 6 to Subpart VVVVVV of Part 63 – Emission Limits and Compliance Requirements for Wastewater Systems

[As required in § 63.11498, you must comply with the requirements for wastewater systems as shown in the following table]

For each . . .
You must . . .
And you must . . .
1. Wastewater streama. Discharge to onsite or offsite wastewater treatment or hazardous waste treatmenti. Maintain records identifying each wastewater stream and documenting the type of treatment that it receives. Multiple wastewater streams with similar characteristics and from the same type of activity in a CMPU may be grouped together for recordkeeping purposes.
2. Wastewater stream containing partially soluble HAP at a concentration ≥10,000 ppmw and separate organic and water phasesa. Use a decanter, steam stripper, thin film evaporator, or distillation unit

to separate the water phase from the organic phase(s); or
i. For the water phase, comply with the requirements in Item 1 of this table, and

ii. For the organic phase(s), recycle to a process, use as fuel, or dispose as hazardous waste either onsite or offsite, and

iii. Keep records of the wastewater streams subject to this requirement and the disposition of the organic phase(s).
b. Hard pipe the entire wastewater stream to onsite treatment as a hazardous waste, or hard pipe the entire wastewater stream to a point of transfer to onsite or offsite hazardous waste treatment.i. Keep records of the wastewater streams subject to this requirement and the disposition of the wastewater streams.

[77 FR 75761, Dec. 21, 2012]


Table 7 to Subpart VVVVVV of Part 63 – Partially Soluble HAP

As required in § 63.11498(a), you must comply with emission limits for wastewater streams that contain the partially soluble HAP listed in the following table.


Partially soluble HAP name
CAS No.
1. 1,1,1-Trichloroethane (methyl chloroform)71556
2. 1,1,2,2-Tetrachloroethane79345
3. 1,1,2-Trichloroethane79005
4. 1,1-Dichloroethylene (vinylidene chloride)75354
5. 1,2-Dibromoethane106934
6. 1,2-Dichloroethane (ethylene dichloride)107062
7. 1,2-Dichloropropane78875
8. 1,3-Dichloropropene542756
9. 2,4,5-Trichlorophenol95954
10. 1,4-Dichlorobenzene106467
11. 2-Nitropropane79469
12. 4-Methyl-2-pentanone (MIBK)108101
13. Acetaldehyde75070
14. Acrolein107028
15. Acrylonitrile107131
16. Allyl chloride107051
17. Benzene71432
18. Benzyl chloride100447
19. Biphenyl92524
20. Bromoform (tribromomethane)75252
21. Bromomethane74839
22. Butadiene106990
23. Carbon disulfide75150
24. Chlorobenzene108907
25. Chloroethane (ethyl chloride)75003
26. Chloroform67663
27. Chloromethane74873
28. Chloroprene126998
29. Cumene98828
30. Dichloroethyl ether111444
31. Dinitrophenol51285
32. Epichlorohydrin106898
33. Ethyl acrylate140885
34. Ethylbenzene100414
35. Ethylene oxide75218
36. Ethylidene dichloride75343
37. Hexachlorobenzene118741
38. Hexachlorobutadiene87683
39. Hexachloroethane67721
40. Methyl methacrylate80626
41. Methyl-t-butyl ether1634044
42. Methylene chloride75092
43. N-hexane110543
44. N,N-dimethylaniline121697
45. Naphthalene91203
46. Phosgene75445
47. Propionaldehyde123386
48. Propylene oxide75569
49. Styrene100425
50. Tetrachloroethylene (per- chloroethylene)127184
51. Tetrachloromethane (carbon tetrachloride)56235
52. Toluene108883
53. Trichlorobenzene (1,2,4-)120821
54. Trichloroethylene79016
55. Trimethylpentane540841
56. Vinyl acetate108054
57. Vinyl chloride75014
58. Xylene (m)108383
59. Xylene (o)95476
60. Xylene (p)106423

Table 8 to Subpart VVVVVV of Part 63 – Emission Limits and Compliance Requirements for Heat Exchange Systems

[As required in § 63.11499, you must comply with the requirements for heat exchange systems as shown in the following table]

For . . .
You must . . .
Except . . .
1. Each heat exchange system with a cooling water flow rate ≥8,000 gal/min and not meeting one or more of the conditions in § 63.104(a)a. Comply with the monitoring requirements in § 63.104(c), the leak repair requirements in § 63.104(d) and (e), and the recordkeeping and reporting requirements in § 63.104(f); ori. The reference to monthly monitoring for the first 6 months in § 63.104(b)(1) and (c)(1)(iii) does not apply. Monitoring shall be no less frequent than quarterly;

ii. The reference in § 63.104(f)(1) to record retention requirements in § 63.103(c)(1) does not apply. Records must be retained as specified in §§ 63.10(b)(1) and 63.11501(c); and

iii. The reference in § 63.104(f)(2) to “the next semi-annual periodic report required by § 63.152(c)” means the next semi-annual compliance report required by § 63.11501(f).
b. Comply with the heat exchange system requirements in § 63.104(b) and the requirements referenced therein.i. Not applicable.

[77 FR 75762, Dec. 21, 2012]


Table 9 to Subpart VVVVVV of Part 63 – Applicability of General Provisions to Subpart VVVVVV

As required in § 63.11501(a), you must comply with the requirements of the NESHAP General Provisions (40 CFR part 63, subpart A) as shown in the following table.


Citation
Subject
Applies to Subpart VVVVVV?
Explanation
63.1(a)(1), (a)(2), (a)(3), (a)(4), (a)(6), (a)(10)-(a)(12) (b)(1), (b)(3), (c)(1), (c)(2), (c)(5), (e)ApplicabilityYes
63.1(a)(5), (a)(7)-(a)(9), (b)(2), (c)(3), (c)(4), (d)ReservedNo
63.2DefinitionsYes
63.3Units and AbbreviationsYes
63.4Prohibited Activities and CircumventionYes
63.5Preconstruction Review and Notification RequirementsYes
63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1), (c)(2), (c)(5), (e)(1)(iii), (g), (i), (j)Compliance with Standards and Maintenance RequirementsYes
63.6(b)(6), (c)(3), (c)(4), (d), (h)(3), (h)(5)(iv)ReservedNo
63.6(e)(1)(i) and (ii), (e)(3), and (f)(1)SSM RequirementsNoSee § 63.11495(d) for general duty requirement.
63.6(h)(1)-(h)(4), (h)(5)(i)-(h)(5)(iii), (h)(6)-(h)(9)NoSubpart VVVVVV does not include opacity or visible emissions (VE) standards or require a continuous opacity monitoring system (COMS).
63.7(a)(1), (a)(3), (a)(4), (c), (e)(4), and (f)-(h)Performance Testing RequirementsYes
63.7(a)(2), (b), (d), (e)(2)-(e)(3)Performance Testing Schedule, Notification of Performance Test, Performance Testing Facilities, and Conduct of Performance TestsYes/NoRequirements apply if conducting test for metal HAP control; requirements in §§ 63.997(c)(1), (d), (e), and 63.999(a)(1) apply, as referenced in § 63.11496(g), if conducting test for organic HAP or hydrogen halide and halogen HAP control device.
63.7(e)(1)Performance TestingNoSee § 63.11496(f)(3)(ii) if conducting a test for metal HAP emissions. See §§ 63.11496(g) and 63.997(e)(1) if conducting a test for continuous process vents or for hydrogen halide and halogen emissions. See §§ 63.11496(g) and 63.2460(c) if conducting a test for batch process vents.
63.8(a)(1), (a)(4), (b), (c)(1)(ii), (c)(2)-(c)(3), (f)(1)-(5)Monitoring RequirementsYes
63.8(a)(2)Monitoring RequirementsNo
63.8(a)(3)ReservedNo
63.8(c)(1)(i)General Duty to Minimize Emissions and CMS OperationNo
63.8(c)(1)(iii)Requirement to Develop SSM Plan for CMSNo
63.8(c)(4)YesOnly for CEMS. CPMS requirements in 40 CFR part 63, subpart SS are referenced from § 63.11496. Requirements for COMS do not apply because subpart VVVVVV does not require COMS.
63.8(c)(5)NoSubpart VVVVVV does not require COMS.
63.8(c)(6)-(c)(8), (d)(1)-(d)(2), (e), (f)(6)YesRequirements apply only if you use a continuous emission monitoring system (CEMS) to demonstrate compliance with the alternative standard in § 63.11496(e).
63.8(d)(3)Written Procedures for CMSYesRequirement applies except for last sentence, which refers to an SSM plan. SSM plans are not required.
63.8(g)(1)-(g)(4)YesData reduction requirements apply only if you use CEMS to demonstrate compliance with alternative standard in § 63.11496(e). COMS requirements do not apply. Requirement in § 63.8(g)(2) does not apply because data reduction for CEMS are specified in 40 CFR part 63, subpart FFFF.
63.8(g)(5)NoData reduction requirements for CEMS are specified in § 63.2450(j)(4), as referenced from § 63.11496. CPMS requirements are specified in 40 CFR part 63, subpart SS, as referenced from § 63.11496.
63.9(a), (b)(1), (b)(2), (b)(4), (b)(5), (c), (d), (e), (i)Notification RequirementsYes
63.9(b)(3), (h)(4)ReservedNo
63.9(f)NoSubpart VVVVVV does not contain opacity or VE limits.
63.9(g)YesAdditional notification requirement applies only if you use CEMS to demonstrate compliance with alternative standard in § 63.11496(e).
63.9(h)(1)-(h)(3), (h)(5)-(h)(6)YesExcept subpart VVVVVV does not contain opacity or VE limits.
63.9(i)Yes
63.9(j)Change in Information Already ProvidedNoNotification of process changes that affect a compliance determination are required in § 63.11501(d)(4).
63.10(a)Recordkeeping RequirementsYes
63.10(b)(1)Yes
63.10(b)(2)(i)Recordkeeping of Occurrence and Duration of Startups and ShutdownsNoSee § 63.11501(c)(8) for recordkeeping of occurrence and duration of each startup and shutdown for continuous process vents that are subpart to Table 3 to this subpart.
63.10(b)(2)(ii)Recordkeeping of MalfunctionsNoSee § 63.11501(c)(1)(vii) and (viii) for recordkeeping of (1) date, time, duration, and volume of excess emissions and (2) actions taken during malfunction.
63.10(b)(2)(iii)Maintenance RecordsYes
63.10(b)(2)(iv) and (v)Actions Taken to Minimize Emissions During SSMNo
63.10(b)(2)(vi), (x), (xi), (xiii)YesApply only if you use CEMS to demonstrate compliance with alternative standard in § 63.11496(e).
63.10(b)(2)(vii)-(b)(2)(ix), (b)(2)(xii), (b)(2)(xiv)Yes
63.10(b)(3)Yes
63.10(c)(1), (c)(5)-(c)(6), (c)(13)-(c)(14)YesApply only if you use CEMS to demonstrate compliance with alternative standard in § 63.11496(e).
63.10(c)(7)-(8)Additional Recordkeeping Requirements for CMS – Identifying Exceedances and Excess EmissionsYes
63.10(c)(10)Recordkeeping Nature and Cause of MalfunctionsNoSee § 63.11501(c)(1)(vii) and (viii) for malfunctions recordkeeping requirements.
63.10(c)(11)Recording Corrective ActionsNoSee § 63.11501(c)(1)(vii) and (viii) for malfunctions recordkeeping requirements.
63.10(c)(12)Yes
63.10(c)(15)Use of SSM PlanNo
63.10(c)(2)-(c)(4), (c)(9)ReservedNo
63.10(d)(1), (d)(2), (d)(4), (e)(1), (e)(2), (f)Reporting RequirementsYes
63.10(d)(3)NoSubpart VVVVVV does not include opacity or VE limits.
63.10(d)(5)SSM ReportsNoSee § 63.11501(d)(8) for reporting requirements for malfunctions.
63.10(e)(1)-(e)(2)YesApply only if you use CEMS to demonstrate compliance with alternative standard in § 63.11496(e).
63.10(e)(3)Yes
63.10(e)(4)NoSubpart VVVVVV does not include opacity or VE limits.
63.11Control Device RequirementsYes
63.12State Authorities and DelegationsYes
63.13AddressesYes
63.14Incorporations by ReferenceYes
63.15Availability of Information and ConfidentialityYes
63.16Performance Track ProvisionsYes

[74 FR 56041, Oct. 29, 2009, as amended at 77 FR 75762, Dec. 21, 2012]


Subpart WWWWWW – National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations


Source:73 FR 37741, July 1, 2008, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11504 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a plating and polishing facility that is an area source of hazardous air pollutant (HAP) emissions and meets the criteria specified in paragraphs (a)(1) through (3) of this section.


(1) A plating and polishing facility is a plant site that is engaged in one or more of the processes listed in paragraphs (a)(1)(i) through (vi) of this section.


(i) Electroplating other than chromium electroplating (i.e., non-chromium electroplating).


(ii) Electroless or non-eletrolytic plating.


(iii) Other non-electrolytic metal coating processes, such as chromate conversion coating, nickel acetate sealing, sodium dichromate sealing, and manganese phosphate coating; and thermal spraying.


(iv) Dry mechanical polishing of finished metals and formed products after plating or thermal spraying.


(v) Electroforming.


(vi) Electropolishing.


(2) A plating or polishing facility is an area source of HAP emissions, where an area source is any stationary source or group of stationary sources within a contiguous area under common control that does not have the potential to emit any single HAP at a rate of 9.07 megagrams per year (Mg/yr) (10 tons per year (tpy)) or more and any combination of HAP at a rate of 22.68 Mg/yr (25 tpy) or more.


(3) Your plating and polishing facility uses or has emissions of compounds of one or more plating and polishing metal HAP, which means any compound of any of the following metals: cadmium, chromium, lead, manganese, and nickel, as defined in § 63.11511, “What definitions apply to this subpart?” With the exception of lead, plating and polishing metal HAP also include any of these metals in the elemental form.


(b) [Reserved]


[73 FR 37741, July 1, 2008, as amended at 76 FR 57919, Sept. 19, 2011]


§ 63.11505 What parts of my plant does this subpart cover?

(a) This subpart applies to each new or existing affected source, as specified in paragraphs (a)(1) through (3) of this section, at all times. A new source is defined in § 63.11511, “What definitions apply to this subpart?”


(1) Each tank that contains one or more of the plating and polishing metal HAP, as defined in § 63.11511, “What definitions apply to this subpart?”, and is used for non-chromium electroplating; electroforming; electropolishing; electroless plating or other non-electrolytic metal coating operations, such as chromate conversion coating, nickel acetate sealing, sodium dichromate sealing, and manganese phosphate coating.


(2) Each thermal spraying operation that applies one or more of the plating and polishing metal HAP, as defined in § 63.11511, “What definitions apply to this subpart?”


(3) Each dry mechanical polishing operation that emits one or more of the plating and polishing metal HAP, as defined in § 63.11511, “What definitions apply to this subpart?”


(b) An affected source is existing if you commenced construction or reconstruction of the affected source on or before March 14, 2008.


(c) An affected source is new if you commenced construction or reconstruction of the affected source after March 14, 2008.


(d) This subpart does not apply to any of the process units or operations described in paragraphs (d)(1) through (6) of this section.


(1) Process units that are subject to the requirements of 40 CFR part 63, subpart N (National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks).


(2) Research and development process units, as defined in § 63.11511, “What definitions apply to this subpart?”


(3) Process units that are used strictly for educational purposes.


(4) Plating, polishing, coating, or thermal spraying conducted to repair surfaces or equipment.


(5) Dry mechanical polishing conducted to restore the original finish to a surface.


(6) Any plating or polishing process that uses process materials that contain cadmium, chromium, lead, or nickel (as the metal) in amounts less than 0.1 percent by weight, or that contain manganese in amounts less than 1.0 percent by weight (as the metal), as used. Information used to determine the amount of plating and polishing metal HAP in materials used in the plating or polishing process may include information reported on the Material Safety Data Sheet for the material, but is not required. For plating or polishing tanks, the HAP content may be determined from the final bath contents “as used” to plate or to polish.


(e) You are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, “Title V,” provided you are not otherwise 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 applicable to area sources.


[73 FR 37741, July 1, 2008, as amended at 76 FR 57919, Sept. 19, 2011]


§ 63.11506 What are my compliance dates?

(a) If you own or operate an existing affected source, you must achieve compliance with the applicable provisions of this subpart no later than July 1, 2010.


(b) If you own or operate a new affected source for which the initial startup date is on or before July 1, 2008, you must achieve compliance with the provisions of this subpart no later than July 1, 2008.


(c) If you own or operate a new affected source for which the initial startup date is after July 1, 2008, you must achieve compliance with the provisions of this subpart upon initial startup of your affected source.


Standards and Compliance Requirements

§ 63.11507 What are my standards and management practices?

(a) If you own or operate an affected new or existing non-cyanide electroplating, electroforming, or electropolishing tank (hereafter referred to as an “electrolytic” process tank, as defined in § 63.11511, “What definitions apply to this subpart?”) that contains one or more of the plating and polishing metal HAP and operates at a pH of less than 12, you must comply with the requirements in paragraph (a)(1), (2), or (3) of this section, and implement the applicable management practices in paragraph (g) of this section, as practicable.


(1) You must use a wetting agent/fume suppressant in the bath of the affected tank, as defined in § 63.11511, “What definitions apply to this subpart?” and according to paragraphs (a)(1)(i) through (iii) of this section.


(i) You must initially add the wetting agent/fume suppressant in the amounts recommended by the manufacturer for the specific type of electrolytic process.


(ii) You must add wetting agent/fume suppressant in proportion to the other bath chemistry ingredients that are added to replenish the bath, as in the original make-up of the bath, or in proportions such that the bath contents are returned to that of the original make-up of the bath.


(iii) If a wetting agent/fume suppressant is included in the electrolytic process bath chemicals used in the affected tank according to the manufacturer’s instructions, it is not necessary to add additional wetting agent/fume suppressants to the tank to comply with this rule.


(2) You must capture and exhaust emissions from the affected tank to any one of the following emission control devices: composite mesh pad, packed bed scrubber, or mesh pad mist eliminator, according to paragraphs (a)(2)(i) and (ii) of this section.


(i) You must operate all capture and control devices according to the manufacturer’s specifications and operating instructions.


(ii) You must keep the manufacturer’s specifications and operating instructions at the facility at all times in a location where they can be easily accessed by the operators.


(3) You must cover the tank surface according to paragraph (a)(3)(i) or (ii) of this section.


(i) For batch electrolytic process tanks, as defined in § 63.11511, “What definitions apply to this subpart?”, you must use a tank cover, as defined in § 63.11511, over all of the effective surface area of the tank for at least 95 percent of the electrolytic process operating time.


(ii) For continuous electrolytic process tanks, as defined in § 63.11511, “What definitions apply to this subpart?”, you must cover at least 75 percent of the surface of the tank, as defined in § 63.11511, whenever the electrolytic process tank is in operation.


(b) If you own or operate an affected new or existing “flash” or short-term electroplating tank, as defined in § 63.11511, “What definitions apply to this subpart?”, that uses or emits one or more of the plating and polishing metal HAP, you must comply with the requirements specified in paragraph (b)(1) or (b)(2), and implement the applicable management practices in paragraph (g) of this section, as practicable.


(1) You must limit short-term or “flash” electroplating to no more than 1 cumulative hour per day or 3 cumulative minutes per hour of plating time.


(2) You must use a tank cover, as defined in § 63.11511, “What definitions apply to this subpart?”, for at least 95 percent of the plating time.


(c) If you own or operate an affected new or existing process tank that is used both for short-term electroplating and for electrolytic processing of longer duration (i.e., processing that does not meet the definition of short-term or flash electroplating) and contains one or more of the plating and polishing metal HAP, you must meet the requirements specified in paragraph (a) or (b) of this section, whichever apply to the process operation, and implement the applicable management practices in paragraph (g) of this section, as practicable.


(d) If you own or operate an affected new or existing electroplating tank that uses cyanide in the plating bath, operates at pH greater than or equal to 12, and contains one or more of the plating and polishing metal HAP, you must comply with the requirements in paragraphs (d)(1) and (2) of this section:


(1) You must measure and record the pH of the bath upon startup of the bath, as defined in § 63.11511, “What definitions apply to this subpart?” No additional pH measurements are required.


(2) You must implement the applicable management practices in paragraph (g) of this section, as practicable.


(e) If you own or operate an affected new or existing dry mechanical polishing machine that emits one or more of the plating and polishing metal HAP, you must operate a capture system that captures particulate matter (PM) emissions from the dry mechanical polishing process and transports the emissions to a cartridge, fabric, or high efficiency particulate air (HEPA) filter, according to paragraphs (e)(1) and (2) of this section.


(1) You must operate all capture and control devices according to the manufacturer’s specifications and operating instructions.


(2) You must keep the manufacturer’s specifications and operating instructions at the facility at all times in a location where they can be easily accessed by the operators.


(f) If you own or operate an affected thermal spraying operation that applies one or more of the plating and polishing metal HAP, you must meet the applicable requirements specified in paragraphs (f)(1) through (3) of this section, and the applicable management practices in paragraph (g) of this section.


(1) For existing permanent thermal spraying operations, you must operate a capture system that collects PM emissions from the thermal spraying process and transports the emissions to a water curtain, fabric filter, cartridge, or HEPA filter, according to paragraphs (f)(1)(i) and (ii) of this section.


(2) For new permanent thermal spraying operations, you must operate a capture system that collects PM emissions from the thermal spraying process and transports the emissions to a fabric, cartridge, or HEPA filter, according to paragraphs (f)(2)(i) and (ii) of this section.


(3) For temporary thermal spraying operations, as defined in § 63.11511 “What definitions apply to this subpart?”, you must meet the applicable requirements specified in paragraphs (f)(3)(i) and (ii) of this section.


(i) You must document the amount of time the thermal spraying occurs each day, and where it is conducted.


(ii) You must implement the applicable management practices specified in paragraph (g) of this section, as practicable.


(g) If you own or operate an affected new or existing plating and polishing process unit that contains, applies, or emits one or more of the plating and polishing metal HAP, you must implement the applicable management practices in paragraphs (g)(1) through (12) of this section, as practicable.


(1) Minimize bath agitation when removing any parts processed in the tank, as practicable except when necessary to meet part quality requirements.


(2) Maximize the draining of bath solution back into the tank, as practicable, by extending drip time when removing parts from the tank; using drain boards (also known as drip shields); or withdrawing parts slowly from the tank, as practicable.


(3) Optimize the design of barrels, racks, and parts to minimize dragout of bath solution (such as by using slotted barrels and tilted racks, or by designing parts with flow-through holes to allow the tank solution to drip back into the tank), as practicable.


(4) Use tank covers, if already owned and available at the facility, whenever practicable.


(5) Minimize or reduce heating of process tanks, as practicable (e.g., when doing so would not interrupt production or adversely affect part quality).


(6) Perform regular repair, maintenance, and preventive maintenance of racks, barrels, and other equipment associated with affected sources, as practicable.


(7) Minimize bath contamination, such as through the prevention or quick recovery of dropped parts, use of distilled/de-ionized water, water filtration, pre-cleaning of parts to be plated, and thorough rinsing of pre-treated parts to be plated, as practicable.


(8) Maintain quality control of chemicals, and chemical and other bath ingredient concentrations in the tanks, as practicable.


(9) Perform general good housekeeping, such as regular sweeping or vacuuming, if needed, and periodic washdowns, as practicable.


(10) Minimize spills and overflow of tanks, as practicable.


(11) Use squeegee rolls in continuous or reel-to-reel plating tanks, as practicable.


(12) Perform regular inspections to identify leaks and other opportunities for pollution prevention.


[73 FR 37741, July 1, 2008, as amended at 76 FR 57920, Sept. 19, 2011]


§ 63.11508 What are my compliance requirements?

(a) If you own or operate an affected source, you must submit a Notification of Compliance Status in accordance with § 63.11509(b) of “What are my notification, reporting, and recordkeeping requirements?”


(b) You must be in compliance with the applicable management practices and equipment standards in this subpart at all times.


(c) To demonstrate initial compliance, you must satisfy the requirements specified in paragraphs (c)(1) through (11) of this section.


(1) If you own or operate an affected electroplating, electroforming, or electropolishing tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(a), “What are my standards and management practices?”, and you use a wetting agent/fume suppressant to comply with this subpart, you must demonstrate initial compliance according to paragraphs (c)(1)(i) through (iv) of this section.


(i) You must add wetting agent/fume suppressant to the bath of each affected tank according to manufacturer’s specifications and instructions.


(ii) You must state in your Notification of Compliance Status that you add wetting agent/fume suppressant to the bath according to manufacturer’s specifications and instructions.


(iii) You must implement the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.


(iv) You must state in your Notification of Compliance Status that you have implemented the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.


(2) If you own or operate an affected electroplating, electroforming, or electropolishing tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(a), “What are my standards and management practices?”, and you use a control system, as defined in § 63.11511, “What definitions apply to this subpart?”, to comply with this subpart, you must demonstrate initial compliance according to paragraphs (c)(2)(i) through (v) of this section.


(i) You must install a control system designed to capture emissions from the affected tank and exhaust them to a composite mesh pad, packed bed scrubber, or mesh pad mist eliminator.


(ii) You must state in your Notification of Compliance Status that you have installed the control system according to the manufacturer’s specifications and instructions.


(iii) You must implement the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.


(iv) You must state in your Notification of Compliance Status that you have implemented the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.


(v) You must follow the manufacturer’s specifications and operating instructions for the control systems at all times.


(3) If you own or operate an affected batch electrolytic process tank, as defined in § 63.11511, “What definitions apply to this subpart?” that contains one or more of the plating and polishing metal HAP and which is subject to the requirements in § 63.11507(a), “What are my standards and management practices?” and you use a tank cover, as defined in § 63.11511, to comply with § 11507(a), (b) or (c) of this subpart, you must demonstrate initial compliance according to paragraphs (c)(3)(i) through (iv) of this section.


(i) You must install a tank cover on the affected tank.


(ii) You must state in your Notification of Compliance Status that you operate the tank with the cover in place at least 95 percent of the electrolytic process operating time.


(iii) You must implement the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.


(iv) You must state in your Notification of Compliance Status that you have implemented the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.


(4) If you own or operate an affected continuous electrolytic process tank, as defined in § 63.11511, “What definitions apply to this subpart?” that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(a), “What are my standards and management practices?” and you cover the tank surface to comply with § 11507(a), (b) or (c) of this subpart, you must demonstrate initial compliance according to paragraphs (c)(4)(i) through (iv) of this section.


(i) You must cover at least 75 percent of the surface area of the affected tank.


(ii) You must state in your Notification of Compliance Status that you operate the tank with the surface cover in place whenever the continuous electrolytic process is in operation.


(iii) You must implement the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.


(iv) You must state in your Notification of Compliance Status that you have implemented the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.


(5) If you own or operate an affected flash or short-term electroplating tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(b), “What are my standards and management practices?” and you comply with § 11507(a), (b) or (c) of this subpart by limiting the plating time of the affected tank, you must demonstrate initial compliance according to paragraphs (c)(5)(i) through (iii) of this section.


(i) You must state in your Notification of Compliance Status that you limit short-term or flash electroplating to no more than 1 cumulative hour per day, or 3 cumulative minutes per hour of plating time.


(ii) You must implement the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.


(iii) You must state in your Notification of Compliance Status that you have implemented the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.


(6) If you own or operate an affected flash or short-term electroplating tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(b), “What are my standards and management practices?” and you comply with § 11507(a), (b) or (c) of this subpart by operating the affected tank with a cover, you must demonstrate initial compliance according to paragraphs (c)(6)(i) through (iv) of this section.


(i) You must install a tank cover on the affected tank.


(ii) You must state in your Notification of Compliance Status that you operate the tank with the cover in place at least 95 percent of the plating time.


(iii) You must implement the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.


(iv) You must state in your Notification of Compliance Status that you have implemented the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.


(7) If you own or operate an affected tank that contains one or more of the plating and polishing metal HAP, uses cyanide in the bath, and is subject to the management practices specified in § 63.11507(d), “What are my standards and management practices?”, you must demonstrate initial compliance according to paragraphs (c)(7)(i) through (iii) of this section.


(i) You must report in your Notification of Compliance Status the pH of the bath solution that was measured at startup, as defined in § 63.11511, according to the requirements of § 63.11507(d)(1).


(ii) You must implement the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.


(iii) You must state in your Notification of Compliance Status that you have implemented the applicable management practices specified in § 63.11490(g), “What are my standards and management practices?”, as practicable.


(8) If you own or operate an affected dry mechanical polishing operation that emits one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(e), “What are my standards and management practices?”, you must demonstrate initial compliance according to paragraphs (c)(8)(i) through (iii) of this section.


(i) You must install a control system that is designed to capture PM emissions from the polishing operation and exhaust them to a cartridge, fabric, or HEPA filter.


(ii) You must state in your Notification of Compliance Status that you have installed the control system according to the manufacturer’s specifications and instructions.


(iii) You must keep the manufacturer’s operating instructions at the facility at all times in a location where they can be easily accessed by the operators.


(9) If you own or operate an existing affected permanent thermal spraying operation that applies one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(f)(1), “What are my standards and management practices?”, you must demonstrate initial compliance according to paragraphs (c)(9)(i) through (iii) of this section.


(i) You must install a control system that is designed to capture PM emissions from the thermal spraying operation and exhaust them to a water curtain, or a cartridge, fabric, or HEPA filter.


(ii) You must state in your Notification of Compliance Status that you have installed and are operating the control system according to the manufacturer’s specifications and instructions.


(iii) You must keep the manufacturer’s operating instructions at the facility at all times in a location where they can be easily accessed by the operators.


(10) If you own or operate a new affected permanent thermal spraying operation that applies one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(f)(2), “What are my standards and management practices?”, you must demonstrate initial compliance according to paragraphs (c)(10)(i) through (iii) of this section.


(i) You must install and operate a control system that is designed to capture PM emissions from the thermal spraying operation and exhaust them to a cartridge, fabric, or HEPA filter.


(ii) You must state in your Notification of Compliance Status that you have installed and operate the control system according to the manufacturer’s specifications and instructions.


(iii) You must keep the manufacturer’s operating instructions at the facility at all times in a location where they can be easily accessed by the operators.


(11) If you own or operate an affected temporary thermal spraying operation that applies one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(f)(3), “What are my standards and management practices?”, you must demonstrate initial compliance according to paragraphs (c)(11)(i) and (ii) of this section.


(i) You must implement the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.


(ii) You must state in your Notification of Compliance Status that you have implemented the applicable management practices specified in § 63.11507(g), “What are my standards and management practices?”, as practicable.


(d) To demonstrate continuous compliance with the applicable management practices and equipment standards specified in this subpart, you must satisfy the requirements specified in paragraphs (d)(1) through (8) of this section.


(1) You must always operate and maintain your affected source, including air pollution control equipment.


(2) You must prepare an annual compliance certification according to the requirements specified in § 63.11509(c), “Notification, Reporting, and Recordkeeping,” and keep it in a readily-accessible location for inspector review.


(3) If you own or operate an affected electroplating, electroforming, or electropolishing tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(a), “What are my standards and management practices?”, and you use a wetting agent/fume suppressant to comply with this subpart, you must demonstrate continuous compliance according to paragraphs (d)(3)(i) through (iii) of this section.


(i) You must record that you have added the wetting agent/fume suppressant to the tank bath in the original make-up of the tank.


(ii) For tanks where the wetting agent/fume suppressant is a separate ingredient from the other tank additives, you must demonstrate continuous compliance according to paragraphs (d)(3)(ii) (A) and (B) this section.


(A) You must add wetting agent/fume suppressant in proportion to the other bath chemistry ingredients that are added to replenish the tank bath, as in the original make-up of the tank; or in proportion such that the bath is brought back to the original make-up of the tank.


(B) You must record each addition of wetting agent/fume suppressant to the tank bath.


(iii) You must state in your annual compliance certification that you have added wetting agent/fume suppressant to the bath according to the manufacturer’s specifications and instructions.


(4) If you own or operate an affected electroplating, electroforming, or electropolishing tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(a), “What are my standards and management practices?”, and you use a control system to comply with this subpart; an affected dry mechanical polishing operation that is subject to § 63.11507(e); or an affected thermal spraying operation that is subject to § 63.11507(f)(1) or (2), you must demonstrate continuous compliance according to paragraphs (d)(4)(i) through (v) of this section.


(i) You must operate and maintain the control system according to the manufacturer’s specifications and instructions.


(ii) Following any malfunction or failure of the capture or control devices to operate properly, you must take immediate corrective action to return the equipment to normal operation according to the manufacturer’s specifications and operating instructions.


(iii) You must state in your annual certification that you have operated and maintained the control system according to the manufacturer’s specifications and instructions.


(iv) You must record the results of all control system inspections, deviations from proper operation, and any corrective action taken.


(v) You must keep the manufacturer’s operating instructions at the facility at all times in a location where they can be easily accessed by the operators.


(5) If you own or operate an affected flash or short-term electroplating tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(b), “What are my standards and management practices?” and you comply with § 11507(a), (b) or (c) of this subpart by limiting the plating time for the affected tank, you must demonstrate continuous compliance according to paragraphs (d)(5)(i) through (iii) of this section.


(i) You must limit short-term or flash electroplating to no more than 1 cumulative hour per day or 3 cumulative minutes per hour of plating time.


(ii) You must record the times that the affected tank is operated each day.


(iii) You must state in your annual compliance certification that you have limited short-term or flash electroplating to no more than 1 cumulative hour per day or 3 cumulative minutes per hour of plating time.


(6) If you own or operate an affected batch electrolytic process tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements of § 63.11507(a), “What are my standards and management practices?” or a flash or short-term electroplating tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(b), and you comply with § 11507(a), (b) or (c) of this section by operating the affected tank with a cover, you must demonstrate continuous compliance according to paragraphs (d)(6)(i) through (iii) of this section.


(i) You must operate the tank with the cover in place at least 95 percent of the electrolytic process operating time.


(ii) You must record the times that the tank is operated and the times that the tank is covered on a daily basis.


(iii) You must state in your annual certification that you have operated the tank with the cover in place at least 95 percent of the electrolytic process time.


(7) If you own or operate an affected continuous electrolytic process tank that contains one or more of the plating and polishing metal HAP and is subject to the requirements in § 63.11507(a), “What are my standards and management practices?” and you comply with § 11507(a), (b) or (c) of this subpart by operating the affected tank with a cover, you must demonstrate continuous compliance according to paragraphs (d)(7)(i) and (ii) of this section.


(i) You must operate the tank with at least 75 percent of the surface covered during all periods of electrolytic process operation.


(ii) You must state in your annual certification that you have operated the tank with 75 percent of the surface covered during all periods of electrolytic process operation.


(8) If you own or operate an affected tank or other operation that is subject to the management practices specified in § 63.11507(g), “What are my standards and management practices?”, you must demonstrate continuous compliance according to paragraphs (d)(8)(i) and (ii) of this section.


(i) You must implement the applicable management practices during all times that the affected tank or process is in operation.


(ii) You must state in your annual compliance certification that you have implemented the applicable management practices, as practicable.


[73 FR 37741, July 1, 2008, as amended at 76 FR 57920, Sept. 19, 2011]


§ 63.11509 What are my notification, reporting, and recordkeeping requirements?

(a) If you own or operate an affected source, as defined in § 63.11505(a), “What parts of my plant does this subpart cover?”, you must submit an Initial Notification in accordance with paragraphs (a)(1) through (4) of this section by the dates specified.


(1) The Initial Notification must include the information specified in § 63.9(b)(2)(i) through (iv) of the General Provisions of this part.


(2) The Initial Notification must include a description of the compliance method (e.g., use of wetting agent/fume suppressant) for each affected source.


(3) If you start up your affected source on or before July 1, 2008, you must submit an Initial Notification not later than 120 calendar days after July 1, 2008, or no later than 120 days after the source becomes subject to this subpart, whichever is later.


(4) If you startup your new affected source after July 1, 2008, you must submit an Initial Notification when you become subject to this subpart.


(b) If you own or operate an affected source, you must submit a Notification of Compliance Status in accordance with paragraphs (b)(1) through (3) of this section.


(1) The Notification of Compliance Status must be submitted before the close of business on the compliance date specified in § 63.11506, “What are my compliance dates?”


(2) The Notification of Compliance Status must include the items specified in paragraphs (b)(2)(i) through (iv) of this section.


(i) List of affected sources and the plating and polishing metal HAP used in, or emitted by, those sources.


(ii) Methods used to comply with the applicable management practices and equipment standards.


(iii) Description of the capture and emission control systems used to comply with the applicable equipment standards.


(iv) Statement by the owner or operator of the affected source as to whether the source is in compliance with the applicable standards or other requirements.


(3) If a facility makes a change to any items in (b)(2)(i), iii, and (iv) of this section that does not result in a deviation, an amended Notification of Compliance Status should be submitted within 30 days of the change.


(c) If you own or operate an affected source, you must prepare an annual certification of compliance report according to paragraphs (c)(1) through (7) of this section. These reports do not need to be submitted unless a deviation from the requirements of this subpart has occurred during the reporting year, in which case, the annual compliance report must be submitted along with the deviation report.


(1) If you own or operate an affected electroplating, electroforming, or electropolishing tank that is subject to the requirements in § 63.11507(a)(1), “What are my standards and management practices?”, you must state in your annual compliance certification that you have added wetting agent/fume suppressant to the bath according to the manufacturer’s specifications and instructions.


(2) If you own or operate any one of the affected sources listed in paragraphs (c)(2)(i) through (iii) of this section, you must state in your annual certification that you have operated and maintained the control system according to the manufacturer’s specifications and instructions.


(i) Electroplating, electroforming, or electropolishing tank that is subject to the requirements in § 63.11507(a), “What are my standards and management practices?”, and you use a control system to comply with this subpart;


(ii) Dry mechanical polishing operation that is subject to § 63.11507(e); or


(iii) Permanent thermal spraying operation that is subject to § 63.11507(f)(1) or (2).


(3) If you own or operate an affected flash or short-term electroplating tank that is subject to the requirements in § 63.11507(b), “What are my standards and management practices?” and you comply with § 11507(a), (b) or (c) of this subpart by limiting the plating time of the affected tank, you must state in your annual compliance certification that you have limited short-term or flash electroplating to no more than 1 cumulative hour per day or 3 cumulative minutes per hour of plating time.


(4) If you own or operate an affected batch electrolytic process tank that is subject to the requirements of § 63.11507(a) or a flash or short-term electroplating tank that is subject to the requirements in § 63.11507(b), “What are my standards and management practices?” and you comply with § 11507(a), (b) or (c) of this subpart by operating the affected tank with a cover, you must state in your annual certification that you have operated the tank with the cover in place at least 95 percent of the electrolytic process time.


(5) If you own or operate an affected continuous electrolytic process tank that is subject to the requirements of § 63.11507(a), “What are my standards and management practices?” and you comply with § 11507(a), (b) or (c) of this subpart by operating the affected tank with a cover, you must state in your annual certification that you have covered at least 75 percent of the surface area of the tank during all periods of electrolytic process operation.


(6) If you own or operate an affected tank or other affected plating and polishing operation that is subject to the management practices specified in § 63.11507(g), “What are my standards and management practices?” you must state in your annual compliance certification that you have implemented the applicable management practices, as practicable.


(7) Each annual compliance report must be prepared no later than January 31 of the year immediately following the reporting period and kept in a readily-accessible location for inspector review. If a deviation has occurred during the year, each annual compliance report must be submitted along with the deviation report, and postmarked or delivered no later than January 31 of the year immediately following the reporting period.


(d) If you own or operate an affected source, and any deviations from the compliance requirements specified in this subpart occurred during the year, you must report the deviations, along with the corrective action taken, and submit this report to the delegated authority.


(e) You must keep the records specified in paragraphs (e)(1) through (3) of this section.


(1) A copy of any Initial Notification and Notification of Compliance Status that you submitted and all documentation supporting those notifications.


(2) The records specified in § 63.10(b)(2)(i) through (iii) and (xiv) of the General Provisions of this part.


(3) The records required to show continuous compliance with each management practice and equipment standard that applies to you, as specified in § 63.11508(d), “What are my compliance requirements?”


(f) You must keep each record for a minimum of 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. 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 § 63.10(b)(1) of the General Provisions to part 63. You may keep the records offsite for the remaining 3 years.


[73 FR 37741, July 1, 2008, as amended at 76 FR 57920, Sept. 19, 2011; 85 FR 73921, Nov. 19, 2020]


Other Requirements and Information

§ 63.11510 What General Provisions apply to this subpart?

If you own or operate a new or existing affected source, you must comply with the requirements of the General Provisions (40 CFR part 63, subpart A) according to Table 1 of this subpart.


§ 63.11511 What definitions apply to this subpart?

Terms used in this subpart are defined in this section.


Batch electrolytic process tank means a tank used for an electrolytic process in which a part or group of parts, typically mounted on racks or placed in barrels, is placed in the tank and immersed in an electrolytic process solution as a single unit (i.e., as a batch) for a predetermined period of time, during which none of the parts are removed from the tank and no other parts are added to the tank, and after which the part or parts are removed from the tank as a unit.


Bath means the liquid contents of a tank, as defined in this section, which is used for electroplating, electroforming, electropolishing, or other metal coating processes at a plating and polishing facility.


Bench-scale means any operation that is small enough to be performed on a bench, table, or similar structure so that the equipment is not directly contacting the floor.


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, as part of a complete control system. A capture system may include, but is not limited to, the following components as applicable to a given capture system design: duct intake devices, hoods, enclosures, ductwork, dampers, manifolds, plenums, and fans.


Cartridge filter means a type of control device that uses perforated metal cartridges containing a pleated paper or non-woven fibrous filter media to remove PM from a gas stream by sieving and other mechanisms. Cartridge filters can be designed with single use cartridges, which are removed and disposed after reaching capacity, or continuous use cartridges, which typically are cleaned by means of a pulse-jet mechanism.


Composite mesh pad means a type of control device similar to a mesh pad mist eliminator except that the device is designed with multiple pads in series that are woven with layers of material with varying fiber diameters, which produce a coalescing effect on the droplets or PM that impinge upon the pads.


Continuous electrolytic process tank means a tank that uses an electrolytic process and in which a continuous metal strip or other type of continuous substrate is fed into and removed from the tank continuously. This process is also called reel-to-reel electrolytic plating.


Control device means equipment that is part of a control system that collects and/or reduces the quantity of a pollutant that is emitted to the air. The control device receives emissions that are transported from the process by the capture system.


Control system means the combination of a capture system and a control device. The capture system is designed to collect and transport air emissions from the affected source to the control device. The overall control efficiency of any control system is a combination of the ability of the system to capture the air emissions (i.e., the capture efficiency) and the control device efficiency. Consequently, it is important to achieve good capture to ensure good overall control efficiency. Capture devices that are known to provide high capture efficiencies include hoods, enclosures, or any other duct intake devices with ductwork, dampers, manifolds, plenums, or fans.


Conversion coatings are coatings that form a hard metal finish on an object when the object is submerged in a tank bath or solution that contains the conversion coatings. Conversion coatings for the purposes of this rule include coatings composed of chromium, as well as the other plating and polishing metal HAP, where no electrical current is used.


Cyanide plating means plating processes performed in tanks that use cyanide as a major bath ingredient and that operate at pH of 12 or more, and use or emit any of the plating and polishing metal HAP, as defined in this section. Electroplating and electroforming are performed with or without cyanide. The cyanide in the bath works to dissolve the HAP metal added as a cyanide compound (e.g., cadmium cyanide) and creates free cyanide in solution, which helps to corrode the anode. These tanks are self-regulating to a pH of 12 due to the caustic nature of the cyanide bath chemistry. The cyanide in the bath is a major bath constituent and not an additive; however, the self-regulating chemistry of the bath causes the bath to act as if wetting agents/fume suppressants are being used and to ensure an optimum plating process. All cyanide plating baths at pH greater than or equal to 12 have cyanide-metal complexes in solution. The metal HAP to be plated is not emitted because it is either bound in the metal-cyanide complex or reduced at the cathode to elemental metal, and plated onto the immersed parts. Cyanide baths are not intentionally operated at pH less 12 since unfavorable plating conditions would occur in the tank, among other negative effects.


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 rule including, but not limited to, any equipment standard (including emissions and operating limits), management practice, or operation and maintenance requirement;


(2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this rule and that is included in the operating permit for any affected facility required to obtain such a permit; or


(3) Fails to meet any equipment standard (including emission and operating limits), management standard, or operation and maintenance requirement in this rule during startup, shutdown, or malfunction.


Dry mechanical polishing means a process used for removing defects from and smoothing the surface of finished metals and formed products after plating or thermal spraying with any of the plating and polishing metal HAP, as defined in this section, using automatic or manually-operated machines that have hard-faced abrasive wheels or belts and where no liquids or fluids are used to trap the removed metal particles. The affected process does not include polishing with use of pastes, liquids, lubricants, or any other added materials.


Electroforming means an electrolytic process using or emitting any of the plating and polishing metal HAP, as defined in this section, that is used for fabricating metal parts. This process is essentially the same as electroplating except that the plated substrate (mandrel) is removed, leaving only the metal plate. In electroforming, the metal plate is self-supporting and generally thicker than in electroplating.


Electroless plating means a non-electrolytic process that uses or emits any of the plating and polishing metal HAP, as defined in this section, in which metallic ions in a plating bath or solution are reduced to form a metal coating at the surface of a catalytic substrate without the use of external electrical energy. Electroless plating is also called non-electrolytic plating. Examples include, but are not limited to, chromate conversion coating, nickel acetate sealing, sodium dichromate sealing, and manganese phosphate coating.


Electrolytic plating processes means electroplating and electroforming that use or emit any of the plating and polishing metal HAP, as defined in this section, where metallic ions in a plating bath or solution are reduced to form a metal coating on the surface of parts and products using electrical energy.


Electroplating means an electrolytic process that uses or emits any of the plating and polishing metal HAP, as defined in this section, in which metal ions in solution are reduced onto the surface of the work piece (the cathode) via an electrical current. The metal ions in the solution are usually replenished by the dissolution of metal from solid metal anodes fabricated of the same metal being plated, or by direct replenishment of the solution with metal salts or oxides; electroplating is also called electrolytic plating.


Electropolishing means an electrolytic process performed in a tank after plating that uses or emits any of the plating and polishing metal HAP, as defined in this section, in which a work piece is attached to an anode immersed in a bath, and the metal substrate is dissolved electrolytically, thereby removing the surface contaminant; electropolishing is also called electrolytic polishing. For the purposes of this subpart, electropolishing does not include bench-scale operations.


Fabric filter means a type of control device used for collecting PM by filtering a process exhaust stream through a filter or filter media. A fabric filter is also known as a baghouse.


Filters, for the purposes of this part, include cartridge, fabric, or HEPA filters, as defined in this section.


Flash electroplating means an electrolytic process performed in a tank that uses or emits any of the plating and polishing metal HAP, as defined in this section, and that is used no more than 3 cumulative minutes per hour or no more than 1 cumulative hour per day.


General Provisions of this part (40 CFR part 63, subpart A) means the section of the Code of Federal Regulations (CFR) that addresses air pollution rules that apply to all HAP sources addressed in part 63, which includes the National Emission Standards for Hazardous Air Pollutants (NESHAP).


HAP means hazardous air pollutant as defined from the list of 188 chemicals and compounds specified in the CAA Amendments of 1990; HAP are also called “air toxics.” The five plating and polishing metal HAP, as defined in this section, are on this list of 188 chemicals.


High efficiency particulate air (HEPA) filter means a type of control device that uses a filter composed of a mat of randomly arranged fibers and is designed to remove at least 99.97 percent of airborne particles that are 0.3 micrometers or larger in diameter.


Maintenance is any process at a plating and polishing facility that is performed to keep the process equipment or the facility operating properly and is not performed on items to be sold as products.


Major facility for HAP is any facility that emits greater than 10 tpy of any HAP, or that emits a combined total of all HAP of over 25 tpy, where the HAP used to determine the total facility emissions are not restricted to only plating and polishing metal HAP or from only plating and polishing operations.


Mesh pad mist eliminator means a type of control device, consisting of layers of interlocked filaments densely packed between two supporting grids that remove liquid droplets and PM from the gas stream through inertial impaction and direct interception.


Metal coating operation means any process performed either in a tank that contains liquids or as part of a thermal spraying operation, that applies one or more plating and polishing metal HAP, as defined in this section, to the surface of parts and products used in manufacturing. These processes include but are not limited to: non-chromium electroplating; electroforming; electropolishing; non-electrolytic metal coating processes, such as chromate conversion coating, electroless nickel plating, nickel acetate sealing, sodium dichromate sealing, and manganese phosphate coating; and thermal or flame spraying.


Metal HAP content of material used in plating and polishing is the HAP content as determined from an analysis or engineering estimate of the HAP contents of the tank bath or solution, in the case of plating, metal coating, or electropolishing; or the HAP content of the metal coating being applied in the case of thermal spraying. Safety data sheet (SDS) information may be used in lieu of testing or engineering estimates but is not required to be used.


New source means any affected source for which you commenced construction or reconstruction after March 14, 2008.


Non-cyanide electrolytic plating and electropolishing processes means electroplating, electroforming, and electropolishing that uses or emits any of the plating and polishing metal HAP, as defined in this section, performed without cyanide in the tank. These processes do not use cyanide in the tank and operate at pH values less than 12. These processes use electricity and add or remove metals such as metal HAP from parts and products used in manufacturing. Both electroplating and electroforming can be performed with cyanide as well.


Non-electrolytic plating means a process that uses or emits any of the plating and polishing metal HAP, as defined in this section, in which metallic ions in a plating bath or solution are reduced to form a metal coating at the surface of a catalytic substrate without the use of external electrical energy. Non-electrolytic plating is also called electroless plating. Examples include chromate conversion coating, nickel acetate sealing, electroless nickel plating, sodium dichromate sealing, and manganese phosphate coating.


Packed-bed scrubber means a type of control device that includes a single or double packed bed that contains packing media on which PM and droplets impinge and are removed from the gas stream. The packed-bed section of the scrubber is followed by a mist eliminator to remove any water entrained from the packed-bed section.


Plating and polishing facility means a facility engaged in one or more of the following processes that uses or emits any of the plating and polishing metal HAP, as defined in this section: electroplating processes other than chromium electroplating (i.e., non-chromium electroplating); electroless plating; other non-electrolytic metal coating processes performed in a tank, such as chromate conversion coating, nickel acetate sealing, sodium dichromate sealing, and manganese phosphate coating; thermal spraying; and the dry mechanical polishing of finished metals and formed products after plating or thermal spraying. Plating is performed in a tank or thermally sprayed so that a metal coating is irreversibly applied to an object. Plating and polishing does not include any bench-scale processes.


Plating and polishing metal HAP means any compound of any of the following metals: cadmium, chromium, lead, manganese, and nickel, or any of these metals in the elemental form, with the exception of lead. Any material that does not contain cadmium, chromium, lead, or nickel in amounts greater than or equal to 0.1 percent by weight (as the metal), and does not contain manganese in amounts greater than or equal to 1.0 percent by weight (as the metal), as reported on the Material Safety Data Sheet for the material, is not considered to be a plating and polishing metal HAP.


Plating and polishing process tanks means any tank in which a process is performed at an affected plating and polishing facility that uses or has the potential to emit any of the plating and polishing metal HAP, as defined in this section. The processes performed in plating and polishing tanks include the following: electroplating processes other than chromium electroplating (i.e., non-chromium electroplating) performed in a tank; electroless plating; and non-electrolytic metal coating processes, such as chromate conversion coating, nickel acetate sealing, sodium dichromate sealing, and manganese phosphate coating; and electropolishing. This term does not include tanks containing solutions that are used to clean, rinse or wash parts prior to placing the parts in a plating and polishing process tank, or subsequent to removing the parts from a plating and polishing process tank. This term also does not include any bench-scale operations.


PM means solid or particulate matter that is emitted into the air.


Repair means any process used to return a finished object or tool back to its original function or shape.


Research and development process unit means any process unit that is used for conducting research and development for new processes and products and is not used to manufacture products for commercial sale, except in a de minimis manner.


Short-term plating means an electroplating process that uses or emits any of the plating and polishing metal HAP, as defined in this section, and that is used no more than 3 cumulative minutes per hour or 1 hour cumulative per day.


Startup of the tank bath is when the components or relative proportions of the various components in the bath have been altered from the most recent operating period. Startup of the bath does not include events where only the tank’s heating or agitation and other mechanical operations are turned back on after being turned off for a period of time.


Tank cover for batch process units means a solid structure made of an impervious material that is designed to cover the entire open surface of a tank or process unit that is used for plating or other metal coating processes.


Tank cover for continuous process units, means a solid structure or combination of structures, made of an impervious material that is designed to cover at least 75 percent of the open surface of the tank or process unit that is used for continuous plating or other continuous metal coating processes.


Temporary thermal spraying means a thermal spraying operation that uses or emits any of the plating and polishing metal HAP, as defined in this section, and that lasts no more than 1 hour in duration during any one day and is conducted in situ. Thermal spraying that is conducted in a dedicated thermal spray booth or structure is not considered to be temporary thermal spraying.


Thermal spraying (also referred to as metal spraying or flame spraying) is a process that uses or emits any of the plating and polishing metal HAP, as defined in this section, in which a metallic coating is applied by projecting heated, molten, or semi-molten metal particles onto a substrate. Commonly-used thermal spraying methods include high velocity oxy-fuel (HVOF) spraying, flame spraying, electric arc spraying, plasma arc spraying, and detonation gun spraying. This operation does not include spray painting at ambient temperatures.


Water curtain means a type of control device that draws the exhaust stream through a continuous curtain of moving water to scrub out suspended PM.


Wetting agent/fume suppressant means any chemical agent that reduces or suppresses fumes or mists from a plating and polishing tank by reducing the surface tension of the tank bath.


[73 FR 37741, July 1, 2008, as amended at 76 FR 57921, Sept. 19, 2011]


§ 63.11512 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by 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 EPA, has the authority to implement and enforce this subpart. You should contact your 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 EPA Administrator 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 (5) of this section.


(1) Approval of an alternative non-opacity emissions standard under 40 CFR 63.6(g), of the General Provisions of this part.


(2) Approval of an alternative opacity emissions standard under § 63.6(h)(9), of the General Provisions of this part.


(3) Approval of a major change to test methods under § 63.7(e)(2)(ii) and (f), of the General Provisions of this part. A “major change to test method” is defined in § 63.90.


(4) Approval of a major change to monitoring under § 63.8(f), of the General Provisions of this part. A “major change to monitoring” is defined in § 63.90.


(5) Approval of a major change to recordkeeping and reporting under § 63.10(f), of the General Provisions of this part. A “major change to recordkeeping/reporting” is defined in § 63.90.


§ 63.11513 [Reserved]

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

As required in § 63.11510, “What General Provisions apply to this subpart?”, you must meet each requirement in the following table that applies to you.


Citation
Subject
63.1
1
Applicability.
63.2Definitions.
63.3Units and abbreviations.
63.4Prohibited activities.
63.6(a), (b)(1)-(b)(5), (c)(1), (c)(2), (c)(5), and (j)Compliance with standards and maintenance requirements.
63.10(a), (b)(1), (b)(2)(i)-(iii), (xiv), (b)(3), (d)(1), (f)Recordkeeping and reporting.
63.12State authority and delegations.
63.13Addresses of State air pollution control agencies and EPA regional offices.
63.14Incorporation by reference.
63.15Availability of information and confidentiality.


1 Section 63.11505(e), “What parts of my plant does this subpart cover?”, exempts affected sources from the obligation to obtain title V operating permits.


[73 FR 37741, July 1, 2008, as amended at 76 FR 57922, Sept. 19, 2011]


Subpart XXXXXX – National Emission Standards for Hazardous Air Pollutants Area Source Standards for Nine Metal Fabrication and Finishing Source Categories


Source:73 FR 43000, July 23, 2008, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11514 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate an area source that is primarily engaged in the operations in one of the nine source categories listed in paragraphs (a)(1) through (9) of this section. Descriptions of these source categories are shown in Table 1 of this subpart. “Primarily engaged” is defined in § 63.11522, “What definitions apply to this subpart?”


(1) Electrical and Electronic Equipment Finishing Operations;


(2) Fabricated Metal Products;


(3) Fabricated Plate Work (Boiler Shops);


(4) Fabricated Structural Metal Manufacturing;


(5) Heating Equipment, except Electric;


(6) Industrial Machinery and Equipment Finishing Operations;


(7) Iron and Steel Forging;


(8) Primary Metal Products Manufacturing; and


(9) Valves and Pipe Fittings.


(b) The provisions of this subpart apply to each new and existing affected source listed and defined in paragraphs (b)(1) through (5) of this section if you use materials that contain or have the potential to emit metal fabrication or finishing metal HAP (MFHAP), defined to be the compounds of cadmium, chromium, lead, manganese, and nickel, or any of these metals in the elemental form with the exception of lead. Materials that contain MFHAP are defined to be materials that contain greater than 0.1 percent for carcinogens, as defined by OSHA at 29 CFR 1910.1200(d)(4), and greater than 1.0 percent for noncarcinogens. For the MFHAP, this corresponds to materials that contain cadmium, chromium, lead, or nickel in amounts greater than or equal to 0.1 percent by weight (of the metal), and materials that contain manganese in amounts greater than or equal to 1.0 percent by weight (of the metal), as shown in formulation data provided by the manufacturer or supplier, such as the Material Safety Data Sheet for the material.


(1) A dry abrasive blasting affected source is the collection of all equipment and activities necessary to perform dry abrasive blasting operations which use materials that contain MFHAP or that have the potential to emit MFHAP.


(2) A machining affected source is the collection of all equipment and activities necessary to perform machining operations which use materials that contain MFHAP, as defined in § 63.11522, “What definitions apply to this subpart?”, or that have the potential to emit MFHAP.


(3) A dry grinding and dry polishing with machines affected source is the collection of all equipment and activities necessary to perform dry grinding and dry polishing with machines operations which use materials that contain MFHAP, as defined in § 63.11522, “What definitions apply to this subpart?”, or have the potential to emit MFHAP.


(4) A spray painting affected source is the collection of all equipment and activities necessary to perform spray-applied painting operations using paints which contain MFHAP. A spray painting affected source includes all equipment used to apply cleaning materials to a substrate to prepare it for paint application (surface preparation) or to remove dried paint; to apply a paint to a substrate (paint application) and to dry or cure the paint after application; or to clean paint operation equipment (equipment cleaning). Affected source(s) subject to the requirements of this paragraph are not subject to the miscellaneous surface coating provisions of subpart HHHHHH of this part, “National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources.”


(5) A welding affected source is the collection of all equipment and activities necessary to perform welding operations which use materials that contain MFHAP, as defined in § 63.11522, “What definitions apply to this subpart?”, or have the potential to emit MFHAP.


(c) An affected source is existing if you commenced construction or reconstruction of the affected source, as defined in § 63.2, “General Provisions” to part 63, before April 3, 2008.


(d) An affected source is new if you commenced construction or reconstruction of the affected source, as defined in § 63.2, “General Provisions” to part 63, on or after April 3, 2008.


(e) This subpart does not apply to research or laboratory facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).


(f) This subpart does not apply to tool or equipment repair operations, facility maintenance, or quality control activities as defined in § 63.11522, “What definitions apply to this subpart?”


(g) This subpart does not apply to operations performed on site at installations owned or operated by the Armed Forces of the United States (including the Coast Guard and the National Guard of any such state), the National Aeronautics and Space Administration, or the National Nuclear Security Administration.


(h) This subpart does not apply to operations that produce military munitions, as defined in § 63.11522, “What definitions apply to this subpart?”, manufactured by or for the Armed Forces of the United States (including the Coast Guard and the National Guard of any such state), or equipment directly and exclusively used for the purposes of transporting military munitions.


(i) You are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, provided you are not otherwise required by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a). Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart.


§ 63.11515 What are my compliance dates?

(a) If you own or operate an existing affected source, you must achieve compliance with the applicable provisions in this subpart by July 25, 2011.


(b) If you own or operate a new affected source, you must achieve compliance with the applicable provisions in this subpart by July 23, 2008, or upon startup of your affected source, whichever is later.


Standards and Compliance Requirements

§ 63.11516 What are my standards and management practices?

(a) Dry abrasive blasting standards. If you own or operate a new or existing dry abrasive blasting affected source, you must comply with the requirements in paragraphs (a)(1) through (3) of this section, as applicable, for each dry abrasive blasting operation that uses materials that contain MFHAP, as defined in § 63.11522, “What definitions apply to this subpart?”, or has the potential to emit MFHAP. These requirements do not apply when abrasive blasting operations are being performed that do not use any materials containing MFHAP or do not have the potential to emit MFHAP.


(1) Standards for dry abrasive blasting of objects performed in totally enclosed and unvented blast chambers. If you own or operate a new or existing dry abrasive blasting affected source which consists of an abrasive blasting chamber that is totally enclosed and unvented, as defined in § 63.11522, “What definitions apply to this subpart?”, you must implement management practices to minimize emissions of MFHAP. These management practices are the practices specified in paragraph (a)(1)(i) and (ii) of this section.


(i) You must minimize dust generation during emptying of abrasive blasting enclosures; and


(ii) You must operate all equipment associated with dry abrasive blasting operations according to the manufacturer’s instructions.


(2) Standards for dry abrasive blasting of objects performed in vented enclosures. If you own or operate a new or existing dry abrasive blasting affected source which consists of a dry abrasive blasting operation which has a vent allowing any air or blast material to escape, you must comply with the requirements in paragraphs (a)(2)(i) and (ii) of this section. Dry abrasive blasting operations for which the items to be blasted exceed 8 feet (2.4 meters) in any dimension, may be performed subject to the requirements in paragraph (a)(3) of this section.


(i) You must capture emissions and vent them to a filtration control device. You must operate the filtration control device according to manufacturer’s instructions, and you must demonstrate compliance with this requirement by maintaining a record of the manufacturer’s specifications for the filtration control devices, as specified by the requirements in § 63.11519(c)(4), “What are my notification, recordkeeping, and reporting requirements?”


(ii) You must implement the management practices to minimize emissions of MFHAP as specified in paragraphs (a)(2)(ii)(A) through (C) of this section.


(A) You must take measures necessary to minimize excess dust in the surrounding area to reduce MFHAP emissions, as practicable; and


(B) You must enclose dusty abrasive material storage areas and holding bins, seal chutes and conveyors that transport abrasive materials; and


(C) You must operate all equipment associated with dry abrasive blasting operations according to manufacturer’s instructions.


(3) Standards for dry abrasive blasting of objects greater than 8 feet (2.4 meters) in any one dimension. If you own or operate a new or existing dry abrasive blasting affected source which consists of a dry abrasive blasting operation which is performed on objects greater than 8 feet (2.4 meters) in any one dimension, you may implement management practices to minimize emissions of MFHAP as specified in paragraph (a)(3)(i) of this section instead of the practices required by paragraph (a)(2) of this section. You must demonstrate that management practices are being implemented by complying with the requirements in paragraphs (a)(3)(ii) through (iv) of this section.


(i) Management practices for dry abrasive blasting of objects greater than 8 feet (2.4 meters) in any one dimension are specified in paragraphs (a)(3)(i)(A) through (E) of this section.


(A) You must take measures necessary to minimize excess dust in the surrounding area to reduce MFHAP emissions, as practicable; and


(B) You must enclose abrasive material storage areas and holding bins, seal chutes and conveyors that transport abrasive material; and


(C) You must operate all equipment associated with dry abrasive blasting operations according to manufacturer’s instructions; and


(D) You must not re-use dry abrasive blasting media unless contaminants (i.e., any material other than the base metal, such as paint residue) have been removed by filtration or screening, and the abrasive material conforms to its original size; and


(E) Whenever practicable, you must switch from high particulate matter (PM)-emitting blast media (e.g., sand) to low PM-emitting blast media (e.g., crushed glass, specular hematite, steel shot, aluminum oxide), where PM is a surrogate for MFHAP.


(ii) You must perform visual determinations of fugitive emissions, as specified in § 63.11517(b), “What are my monitoring requirements?”, according to paragraphs (a)(3)(ii)(A) or (B) of this section, as applicable.


(A) For abrasive blasting of objects greater than 8 feet (2.4 meters) in any one dimension that is performed outdoors, you must perform visual determinations of fugitive emissions at the fenceline or property border nearest to the outdoor dry abrasive blasting operation.


(B) For abrasive blasting of objects greater than 8 feet (2.4 meters) in any one dimension that is performed indoors, you must perform visual determinations of fugitive emissions at the primary vent, stack, exit, or opening from the building containing the abrasive blasting operations.


(iii) You must keep a record of all visual determinations of fugitive emissions along with any corrective action taken in accordance with the requirements in § 63.11519(c)(2), “What are my notification, recordkeeping, and reporting requirements?”


(iv) If visible fugitive emissions are detected, you must perform corrective actions until the visible fugitive emissions are eliminated, at which time you must comply with the requirements in paragraphs (a)(3)(iv)(A) and (B) of this section.


(A) You must perform a follow-up inspection for visible fugitive emissions in accordance with § 63.11517(a), “Monitoring Requirements.”


(B) You must report all instances where visible emissions are detected, along with any corrective action taken and the results of subsequent follow-up inspections for visible emissions, with your annual certification and compliance report as required by § 63.11519(b)(5), “Notification, recordkeeping, and reporting requirements.”


(b) Standards for machining. If you own or operate a new or existing machining affected source, you must implement management practices to minimize emissions of MFHAP as specified in paragraph (b)(1) and (2) of this section for each machining operation that uses materials that contain MFHAP, as defined in § 63.11522, “What definitions apply to this subpart?”, or has the potential to emit MFHAP. These requirements do not apply when machining operations are being performed that do not use any materials containing MFHAP and do not have the potential to emit MFHAP.


(1) You must take measures necessary to minimize excess dust in the surrounding area to reduce MFHAP emissions, as practicable; and


(2) You must operate all equipment associated with machining according to manufacturer’s instructions.


(c) Standards for dry grinding and dry polishing with machines. If you own or operate a new or existing dry grinding and dry polishing with machines affected source, you must comply with the requirements of paragraphs (c)(1) and (2) of this section for each dry grinding and dry polishing with machines operation that uses materials that contain MFHAP, as defined in § 63.11522, “What definitions apply to this subpart?”, or has the potential to emit MFHAP. These requirements do not apply when dry grinding and dry polishing operations are being performed that do not use any materials containing MFHAP and do not have the potential to emit MFHAP.


(1) You must capture emissions and vent them to a filtration control device. You must demonstrate compliance with this requirement by maintaining a record of the manufacturer’s specifications for the filtration control devices, as specified by the requirements in § 63.11519(c)(4), “Notification, recordkeeping, and reporting Requirements.”


(2) You must implement management practices to minimize emissions of MFHAP as specified in paragraphs (c)(2)(i) and (ii) of this section.


(i) You must take measures necessary to minimize excess dust in the surrounding area to reduce MFHAP emissions, as practicable;


(ii) You must operate all equipment associated with the operation of dry grinding and dry polishing with machines, including the filtration control device, according to manufacturer’s instructions.


(d) Standards for control of MFHAP in spray painting. If you own or operate a new or existing spray painting affected source, as defined in § 63.11514 (b)(4), “Am I subject to this subpart?,” you must implement the management practices in paragraphs (d)(1) through (9) of this section when a spray-applied paint that contains MFHAP is being applied. These requirements do not apply when spray-applied paints that do not contain MFHAP are being applied.


(1) Standards for spray painting for MFHAP control. All spray-applied painting of objects must meet the requirements of paragraphs (d)(1)(i) through (iii) of this section. These requirements do not apply to affected sources located at Fabricated Structural Metal Manufacturing facilities, as described in Table 1, “Description of Source Categories Affected by this Subpart,” or affected sources that spray paint objects greater than 15 feet (4.57 meters), that are not spray painted in spray booths or spray rooms.


(i) Spray booths or spray rooms must have a full roof, at least two complete walls, and one or two complete side curtains or other barrier material so that all four sides are covered. The spray booths or spray rooms must be ventilated so that air is drawn into the booth and leaves only though the filter. The roof may contain narrow slots for connecting fabricated products to overhead cranes, and/or for cords or cables.


(ii) All spray booths or spray rooms must be fitted with a type of filter technology that is demonstrated to achieve at least 98 percent capture of MFHAP. The procedure used to demonstrate filter efficiency must be consistent with the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) Method 52.1, “Gravimetric and Dust-Spot Procedures for Testing Air-Cleaning Devices Used in General Ventilation for Removing Particulate Matter, June 4, 1992” (incorporated by reference, see § 63.14). The test coating for measuring filter efficiency shall be a high-solids bake enamel delivered at a rate of at least 135 grams per minute from a conventional (non-High Volume Low Pressure) air-atomized spray gun operating at 40 psi air pressure; the air flow rate across the filter shall be 150 feet per minute. Owners and operators may use published filter efficiency data provided by filter vendors to demonstrate compliance with this requirement and are not required to perform this measurement.


(iii) You must perform regular inspection and replacement of the filters in all spray booths or spray rooms according to manufacturer’s instructions, and maintain documentation of these activities, as detailed in § 63.11519(c)(5), “Notification, recordkeeping, and reporting requirements.”


(iv) As an alternative compliance requirement, spray booths or spray rooms equipped with a water curtain, called “waterwash” or “waterspray” booths or spray rooms that are operated and maintained according to the manufacturer’s specifications and that achieve at least 98 percent control of MFHAP, may be used in lieu of the spray booths or spray rooms requirements of paragraphs (d)(1)(i) through (iii) of this section.


(2) Standards for spray painting application equipment of all objects painted for MFHAP control. All paints applied via spray-applied painting must be applied with a high-volume, low-pressure (HVLP) spray gun, electrostatic application, airless spray gun, air-assisted airless spray gun, or an equivalent technology that is demonstrated to achieve transfer efficiency comparable to one of these spray gun technologies for a comparable operation, and for which written approval has been obtained from the Administrator. The procedure used to demonstrate that spray gun transfer efficiency is equivalent to that of an HVLP spray gun must be equivalent to the California South Coast Air Quality Management District’s “Spray Equipment Transfer Efficiency Test Procedure for Equipment User, May 24, 1989” and “Guidelines for Demonstrating Equivalency with District Approved Transfer Efficient Spray Guns, September 26, 2002”, Revision 0 (incorporated by reference, see § 63.14).


(3) Spray system recordkeeping. You must maintain documentation of the HVLP or other high transfer efficiency spray paint delivery methods, as detailed in § 63.11519(c)(7), “Notification, recordkeeping, and reporting requirements.”


(4) Spray gun cleaning. All cleaning of paint spray guns must be done with either non-HAP gun cleaning solvents, or in such a manner that an atomized mist of spray of gun cleaning solvent and paint residue is not created outside of a container that collects the used gun cleaning solvent. Spray gun cleaning may be done with, for example, by hand cleaning of parts of the disassembled gun in a container of solvent, by flushing solvent through the gun without atomizing the solvent and paint residue, or by using a fully enclosed spray gun washer. A combination of these non-atomizing methods may also be used.


(5) Spray painting worker certification. All workers performing painting must be certified that they have completed training in the proper spray application of paints and the proper setup and maintenance of spray equipment. The minimum requirements for training and certification are described in paragraph (d)(6) of this section. The spray application of paint is prohibited by persons who are not certified as having completed the training described in paragraph (d)(6) of this section. The requirements of this paragraph do not apply to the students of an accredited painting training program who are under the direct supervision of an instructor who meets the requirements of this paragraph. The requirements of this paragraph do not apply to operators of robotic or automated painting operations.


(6) Spray painting training program content. Each owner or operator of an affected spray painting affected source must ensure and certify that all new and existing personnel, including contract personnel, who spray apply paints are trained in the proper application of paints as required by paragraph (d)(5) of this section. The training program must include, at a minimum, the items listed in paragraphs (d)(6)(i) through (iii) of this section.


(i) A list of all current personnel by name and job description who are required to be trained;


(ii) Hands-on, or in-house or external classroom instruction that addresses, at a minimum, initial and refresher training in the topics listed in paragraphs (d)(6)(ii)(A) through (D) of this section.


(A) Spray gun equipment selection, set up, and operation, including measuring paint viscosity, selecting the proper fluid tip or nozzle, and achieving the proper spray pattern, air pressure and volume, and fluid delivery rate.


(B) Spray technique for different types of paints to improve transfer efficiency and minimize paint usage and overspray, including maintaining the correct spray gun distance and angle to the part, using proper banding and overlap, and reducing lead and lag spraying at the beginning and end of each stroke.


(C) Routine spray booth and filter maintenance, including filter selection and installation.


(D) Environmental compliance with the requirements of this subpart.


(iii) A description of the methods to be used at the completion of initial or refresher training to demonstrate, document, and provide certification of successful completion of the required training. Alternatively, owners and operators who can show by documentation or certification that a painter’s work experience and/or training has resulted in training equivalent to the training required in paragraph (d)(6)(ii) of this section are not required to provide the initial training required by that paragraph to these painters.


(7) Records of spray painting training. You must maintain records of employee training certification for use of HVLP or other high transfer efficiency spray paint delivery methods as detailed in § 63.11519(c)(8), “Notification, recordkeeping, and reporting requirements.”


(8) Spray painting training dates. As required by paragraph (d)(5) of this section, all new and existing personnel at an affected spray painting affected source, including contract personnel, who spray apply paints must be trained by the dates specified in paragraphs (d)(8)(i) and (ii) of this section.


(i) If your source is a new source, all personnel must be trained and certified no later than January 20, 2009, 180 days after startup, or 180 days after hiring, whichever is later. Training that was completed within 5 years prior to the date training is required, and that meets the requirements specified in paragraph (d)(6)(ii) of this section satisfies this requirement and is valid for a period not to exceed 5 years after the date the training is completed.


(ii) If your source is an existing source, all personnel must be trained and certified no later than July 25, 2011, or 180 days after hiring, whichever is later. Worker training that was completed within 5 years prior to the date training is required, and that meets the requirements specified in paragraph (d)(6)(ii) of this section, satisfies this requirement and is valid for a period not to exceed 5 years after the date the training is completed.


(9) Duration of training validity. Training and certification will be valid for a period not to exceed 5 years after the date the training is completed. All personnel must receive refresher training that meets the requirements of this section and be re-certified every 5 years.


(e) [Reserved]


(f) Standards for welding. If you own or operate a new or existing welding affected source, you must comply with the requirements in paragraphs (f)(1) and (2) of this section for each welding operation that uses materials that contain MFHAP, as defined in § 63.11522, “What definitions apply to this subpart?”, or has the potential to emit MFHAP. If your welding affected source uses 2,000 pounds or more per year of welding rod containing one or more MFHAP (calculated on a rolling 12-month basis), you must demonstrate that management practices or fume control measures are being implemented by complying with the requirements in paragraphs (f)(3) through (8) of this section. The requirements in paragraphs (f)(1) through (8) of this section do not apply when welding operations are being performed that do not use any materials containing MFHAP or do not have the potential to emit MFHAP.


(1) You must operate all equipment, capture, and control devices associated with welding operations according to manufacturer’s instructions. You must demonstrate compliance with this requirement by maintaining a record of the manufacturer’s specifications for the capture and control devices, as specified by the requirements in § 63.11519(c)(4), “Notification, recordkeeping, and reporting requirements.”


(2) You must implement one or more of the management practices specified in paragraphs (f)(2)(i) through (v) of this section to minimize emissions of MFHAP, as practicable, while maintaining the required welding quality through the application of sound engineering judgment.


(i) Use welding processes with reduced fume generation capabilities (e.g., gas metal arc welding (GMAW) – also called metal inert gas welding (MIG));


(ii) Use welding process variations (e.g., pulsed current GMAW), which can reduce fume generation rates;


(iii) Use welding filler metals, shielding gases, carrier gases, or other process materials which are capable of reduced welding fume generation;


(iv) Optimize welding process variables (e.g., electrode diameter, voltage, amperage, welding angle, shield gas flow rate, travel speed) to reduce the amount of welding fume generated; and


(v) Use a welding fume capture and control system, operated according to the manufacturer’s specifications.


(3) Tier 1 compliance requirements for welding. You must perform visual determinations of welding fugitive emissions as specified in § 63.11517(b), “Monitoring requirements,” at the primary vent, stack, exit, or opening from the building containing the welding operations. You must keep a record of all visual determinations of fugitive emissions along with any corrective action taken in accordance with the requirements in § 63.11519(c)(2), “Notification, recordkeeping, and reporting requirements.”


(4) Requirements upon initial detection of visible emissions from welding. If visible fugitive emissions are detected during any visual determination required in paragraph (f)(3) of this section, you must comply with the requirements in paragraphs (f)(4)(i) and (ii) of this section.


(i) Perform corrective actions that include, but are not limited to, inspection of welding fume sources, and evaluation of the proper operation and effectiveness of the management practices or fume control measures implemented in accordance with paragraph (f)(2) of this section. After completing such corrective actions, you must perform a follow-up inspection for visible fugitive emissions in accordance with § 63.11517(a), “Monitoring Requirements,” at the primary vent, stack, exit, or opening from the building containing the welding operations.


(ii) Report all instances where visible emissions are detected, along with any corrective action taken and the results of subsequent follow-up inspections for visible emissions, and submit with your annual certification and compliance report as required by § 63.11519(b)(5), “Notification, recordkeeping, and reporting requirements.”


(5) Tier 2 requirements upon subsequent detection of visible emissions. If visible fugitive emissions are detected more than once during any consecutive 12 month period (notwithstanding the results of any follow-up inspections), you must comply with paragraphs (f)(5)(i) through (iv) of this section.


(i) Within 24 hours of the end of the visual determination of fugitive emissions in which visible fugitive emissions were detected, you must conduct a visual determination of emissions opacity, as specified in § 63.11517(c), “Monitoring requirements,” at the primary vent, stack, exit, or opening from the building containing the welding operations.


(ii) In lieu of the requirement of paragraph (f)(3) of this section to perform visual determinations of fugitive emissions with EPA Method 22, you must perform visual determinations of emissions opacity in accordance with § 63.11517(d), “Monitoring Requirements,” using EPA Method 9, at the primary vent, stack, exit, or opening from the building containing the welding operations.


(iii) You must keep a record of each visual determination of emissions opacity performed in accordance with paragraphs (f)(5)(i) or (ii) of this section, along with any subsequent corrective action taken, in accordance with the requirements in § 63.11519(c)(3), “Notification, recordkeeping, and reporting requirements.”


(iv) You must report the results of all visual determinations of emissions opacity performed in accordance with paragraphs (f)(5)(i) or (ii) of this section, along with any subsequent corrective action taken, and submit with your annual certification and compliance report as required by § 63.11519(b)(6), “Notification, recordkeeping, and reporting requirements.”


(6) Requirements for opacities less than or equal to 20 percent but greater than zero. For each visual determination of emissions opacity performed in accordance with paragraph (f)(5) of this section for which the average of the six-minute average opacities recorded is 20 percent or less but greater than zero, you must perform corrective actions, including inspection of all welding fume sources, and evaluation of the proper operation and effectiveness of the management practices or fume control measures implemented in accordance with paragraph (f)(2) of this section.


(7) Tier 3 requirements for opacities exceeding 20 percent. For each visual determination of emissions opacity performed in accordance with paragraph (f)(5) of this section for which the average of the six-minute average opacities recorded exceeds 20 percent, you must comply with the requirements in paragraphs (f)(7)(i) through (v) of this section.


(i) You must submit a report of exceedence of 20 percent opacity, along with your annual certification and compliance report, as specified in § 63.11519(b)(8), “Notification, recordkeeping, and reporting requirements,” and according to the requirements of § 63.11519(b)(1), “Notification, recordkeeping, and reporting requirements.”


(ii) Within 30 days of the opacity exceedence, you must prepare and implement a Site-Specific Welding Emissions Management Plan, as specified in paragraph (f)(8) of this section. If you have already prepared a Site-Specific Welding Emissions Management Plan in accordance with this paragraph, you must prepare and implement a revised Site-Specific Welding Emissions Management Plan within 30 days.


(iii) During the preparation (or revision) of the Site-Specific Welding Emissions Management Plan, you must continue to perform visual determinations of emissions opacity, beginning on a daily schedule as specified in § 63.11517(d), “Monitoring Requirements,” using EPA Method 9, at the primary vent, stack, exit, or opening from the building containing the welding operations.


(iv) You must maintain records of daily visual determinations of emissions opacity performed in accordance with paragraph (f)(7)(iii) of this section, during preparation of the Site-Specific Welding Emissions Management Plan, in accordance with the requirements in § 63.11519(b)(9), “Notification, recordkeeping, and reporting requirements.”


(v) You must include these records in your annual certification and compliance report, according to the requirements of § 63.11519(b)(1), “Notification, recordkeeping, and reporting requirements.”


(8) Site-Specific Welding Emissions Management Plan. The Site-Specific Welding Emissions Management Plan must comply with the requirements in paragraphs (f)(8)(i) through (iii) of this section.


(i) Site-Specific Welding Emissions Management Plan must contain the information in paragraphs (f)(8)(i)(A) through (F) of this section.


(A) Company name and address;


(B) A list and description of all welding operations which currently comprise the welding affected source;


(C) A description of all management practices and/or fume control methods in place at the time of the opacity exceedence;


(D) A list and description of all management practices and/or fume control methods currently employed for the welding affected source;


(E) A description of additional management practices and/or fume control methods to be implemented pursuant to paragraph (f)(7)(ii) of this section, and the projected date of implementation; and


(F) Any revisions to a Site-Specific Welding Emissions Management Plan must contain copies of all previous plan entries, pursuant to paragraphs (f)(8)(i)(D) and (E) of this section.


(ii) The Site-Specific Welding Emissions Management Plan must be updated annually to contain current information, as required by paragraphs (f)(8)(i)(A) through (C) of this section, and submitted with your annual certification and compliance report, according to the requirements of § 63.11519(b)(1), “Notification, recordkeeping, and reporting requirements.”


(iii) You must maintain a copy of the current Site-Specific Welding Emissions Management Plan in your records in a readily-accessible location for inspector review, in accordance with the requirements in § 63.11519(c)(12), “Notification, recordkeeping, and reporting requirements.”


§ 63.11517 What are my monitoring requirements?

(a) Visual determination of fugitive emissions, general. Visual determination of fugitive emissions must be performed according to the procedures of EPA Method 22, of 40 CFR part 60, Appendix A-7. You must conduct the EPA Method 22 test while the affected source is operating under normal conditions. The duration of each EPA Method 22 test must be at least 15 minutes, and visible emissions will be considered to be present if they are detected for more than six minutes of the fifteen minute period.


(b) Visual determination of fugitive emissions, graduated schedule. Visual determinations of fugitive emissions must be performed in accordance with paragraph (a) of this section and according to the schedule in paragraphs (b)(1) through (4) of this section.


(1) Daily Method 22 Testing. Perform visual determination of fugitive emissions once per day, on each day the process is in operation, during operation of the process.


(2) Weekly Method 22 Testing. If no visible fugitive emissions are detected in consecutive daily EPA Method 22 tests, performed in accordance with paragraph (b)(1) of this section for 10 days of work day operation of the process, you may decrease the frequency of EPA Method 22 testing to once every five days of operation of the process (one calendar week). If visible fugitive emissions are detected during these tests, you must resume EPA Method 22 testing of that operation once per day during each day that the process is in operation, in accordance with paragraph (b)(1) of this section.


(3) Monthly Method 22 Testing. If no visible fugitive emissions are detected in four consecutive weekly EPA Method 22 tests performed in accordance with paragraph (b)(2) of this section, you may decrease the frequency of EPA Method 22 testing to once per 21 days of operation of the process (one calendar month). If visible fugitive emissions are detected during these tests, you must resume weekly EPA Method 22 in accordance with paragraph (b)(2) of this section.


(4) Quarterly Method 22 Testing. If no visible fugitive emissions are detected in three consecutive monthly EPA Method 22 tests performed in accordance with paragraph (b)(3) of this section, you may decrease the frequency of EPA Method 22 testing to once per 60 days of operation of the process (3 calendar months). If visible fugitive emissions are detected during these tests, you must resume monthly EPA Method 22 in accordance with paragraph (b)(3) of this section.


(c) Visual determination of emissions opacity for welding Tier 2 or 3, general. Visual determination of emissions opacity must be performed in accordance with the procedures of EPA Method 9, of 40 CFR part 60, Appendix A-4, and while the affected source is operating under normal conditions. The duration of the EPA Method 9 test shall be thirty minutes.


(d) Visual determination of emissions opacity for welding Tier 2 or 3, graduated schedule. You must perform visual determination of emissions opacity in accordance with paragraph (c) of this section and according to the schedule in paragraphs (d)(1) through (5) of this section.


(1) Daily Method 9 testing for welding, Tier 2 or 3. Perform visual determination of emissions opacity once per day during each day that the process is in operation.


(2) Weekly Method 9 testing for welding, Tier 2 or 3. If the average of the six minute opacities recorded during any of the daily consecutive EPA Method 9 tests performed in accordance with paragraph (d)(1) of this section does not exceed 20 percent for 10 days of operation of the process, you may decrease the frequency of EPA Method 9 testing to once per five days of consecutive work day operation. If opacity greater than 20 percent is detected during any of these tests, you must resume testing every day of operation of the process according to the requirements of paragraph (d)(1) of this section.


(3) Monthly Method 9 testing for welding Tier 2 or 3. If the average of the six minute opacities recorded during any of the consecutive weekly EPA Method 9 tests performed in accordance with paragraph (d)(2) of this section does not exceed 20 percent for four consecutive weekly tests, you may decrease the frequency of EPA Method 9 testing to once per every 21 days of operation of the process. If visible emissions opacity greater than 20 percent is detected during any monthly test, you must resume testing every five days of operation of the process according to the requirements of paragraph (d)(2) of this section.


(4) Quarterly Method 9 testing for welding Tier 2 or 3. If the average of the six minute opacities recorded during any of the consecutive weekly EPA Method 9 tests performed in accordance with paragraph (d)(3) of this section does not exceed 20 percent for three consecutive monthly tests, you may decrease the frequency of EPA Method 9 testing to once per every 120 days of operation of the process. If visible emissions opacity greater than 20 percent is detected during any quarterly test, you must resume testing every 21 days (month) of operation of the process according to the requirements of paragraph (d)(3) of this section.


(5) Return to Method 22 testing for welding, Tier 2 or 3. If, after two consecutive months of testing, the average of the six minute opacities recorded during any of the monthly EPA Method 9 tests performed in accordance with paragraph (d)(3) of this section does not exceed 20 percent, you may resume EPA Method 22 testing as in paragraphs (b)(3) and (4) of this section. In lieu of this, you may elect to continue performing EPA Method 9 tests in accordance with paragraphs (d)(3)and (4) of this section.


§ 63.11518 [Reserved]

§ 63.11519 What are my notification, recordkeeping, and reporting requirements?

(a) What notifications must I submit? – (1) Initial notification. If you are the owner or operator of an area source in one of the nine metal fabrication and finishing source categories, as defined in § 63.11514, you must submit the initial notification required by § 63.9(b), for a new affected source no later than 120 days after initial startup, or no later than 120 days after the source becomes subject to this subpart, or November 20, 2008, whichever is later. For an existing affected source, you must submit the initial notification no later than July 25, 2011, or 120 days after the source becomes subject to this subpart, whichever is later. Your initial notification must provide the information specified in paragraphs (a)(1)(i) through (iv) of this section.


(i) The name, address, phone number and e-mail address of the owner and operator;


(ii) The address (physical location) of the affected source;


(iii) An identification of the relevant standard (i.e., this subpart); and


(iv) A brief description of the type of operation. For example, a brief characterization of the types of products (e.g., aerospace components, sports equipment, etc.), the number and type of processes, and the number of workers usually employed.


(2) Notification of compliance status. If you are the owner or operator of an existing affected source, you must submit a notification of compliance status on or before November 22, 2011. If you are the owner or operator of a new affected source, you must submit a notification of compliance status within 120 days after initial startup, or by November 20, 2008, whichever is later. You are required to submit the information specified in paragraphs (a)(2)(i) through (iv) of this section with your notification of compliance status:


(i) Your company’s name and address;


(ii) A statement by a responsible official with that official’s name, title, phone number, e-mail address and signature, certifying the truth, accuracy, and completeness of the notification and a statement of whether the source has complied with all the relevant standards and other requirements of this subpart;


(iii) If you operate any spray painting affected sources, the information required by § 63.11516(e)(3)(vi)(C), “Compliance demonstration,” or § 63.11516(e)(4)(ix)(C), “Compliance demonstration,” as applicable; and


(iv) The date of the notification of compliance status.


(b) What reports must I prepare or submit? – (1) Annual certification and compliance reports. You must prepare and submit annual certification and compliance reports for each affected source according to the requirements of paragraphs (b)(2) through (7) of this section. The annual certification and compliance reporting requirements may be satisfied by reports required under other parts of the CAA, as specified in paragraph (b)(3) of this section.


(2) Dates. Unless the Administrator has approved or agreed to a different schedule for submission of reports under § 63.10(a), “General Provisions,” you must prepare and submit each annual certification and compliance report according to the dates specified in paragraphs (b)(2)(i) through (iii) of this section. Note that the information reported for each of the months in the reporting period will be based on the last 12 months of data prior to the date of each monthly calculation.


(i) The first annual certification and compliance report must cover the first annual reporting period which begins the day after the compliance date and ends on December 31.


(ii) Each subsequent annual certification and compliance report must cover the subsequent semiannual reporting period from January 1 through December 31.


(iii) Each annual certification and compliance report must be prepared and submitted no later than January 31 and kept in a readily-accessible location for inspector review. If an exceedence has occurred during the year, each annual certification and compliance report must be submitted along with the exceedence reports, and postmarked or delivered no later than January 31.


(3) Alternate dates. For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71, “Title V.”


(i) If the permitting authority has established dates for submitting annual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), “Title V,” you may prepare or submit, if required, the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the date specified in paragraph (b)(2)(iii) of this section.


(ii) If an affected source prepares or submits an annual certification and compliance report pursuant to this section along with, or as part of, the monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), “Title V,” and the compliance report includes all required information concerning exceedences of any limitation in this subpart, its submission will be deemed to satisfy any obligation to report the same exceedences in the annual monitoring report. However, submission of an annual certification and compliance report shall not otherwise affect any obligation the affected source may have to report deviations from permit requirements to the permitting authority.


(4) General requirements. The annual certification and compliance report must contain the information specified in paragraphs (b)(4)(i) through (iii) of this section, and the information specified in paragraphs (b)(5) through (7) of this section that is applicable to each affected source.


(i) Company name and address;


(ii) 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; and


(iii) Date of report and beginning and ending dates of the reporting period. The reporting period is the 12-month period ending on December 31. Note that the information reported for the 12 months in the reporting period will be based on the last 12 months of data prior to the date of each monthly calculation.


(5) Visual determination of fugitive emissions requirements. The annual certification and compliance report must contain the information specified in paragraphs (b)(5)(i) through (iii) of this section for each affected source which performs visual determination of fugitive emissions in accordance with § 63.11517(a), “Monitoring requirements.”


(i) The date of every visual determination of fugitive emissions which resulted in detection of visible emissions;


(ii) A description of the corrective actions taken subsequent to the test; and


(iii) The date and results of the follow-up visual determination of fugitive emissions performed after the corrective actions.


(6) Visual determination of emissions opacity requirements. The annual certification and compliance report must contain the information specified in paragraphs (b)(6)(i) through (iii) of this section for each affected source which performs visual determination of emissions opacity in accordance with § 63.11517(c), “Monitoring requirements.”


(i) The date of every visual determination of emissions opacity;


(ii) The average of the six-minute opacities measured by the test; and


(iii) A description of any corrective action taken subsequent to the test.


(7) [Reserved]


(8) Exceedences of 20 percent opacity for welding affected sources. As required by § 63.11516(f)(7)(i), “Requirements for opacities exceeding 20 percent,” you must prepare an exceedence report whenever the average of the six-minute average opacities recorded during a visual determination of emissions opacity exceeds 20 percent. This report must be submitted along with your annual certification and compliance report according to the requirements in paragraph (b)(1) of this section, and must contain the information in paragraphs (b)(8)(iii)(A) and (B) of this section.


(A) The date on which the exceedence occurred; and


(B) The average of the six-minute average opacities recorded during the visual determination of emissions opacity.


(9) Site-specific Welding Emissions Management Plan reporting. You must submit a copy of the records of daily visual determinations of emissions recorded in accordance with § 63.11516(f)(7)(iv), “Tier 3 requirements for opacities exceeding 20 percent,” and a copy of your Site-Specific Welding Emissions Management Plan and any subsequent revisions to the plan pursuant to § 63.11516(f)(8), “Site-specific Welding Emission Management Plan,” along with your annual certification and compliance report, according to the requirements in paragraph (b)(1) of this section.


(c) What records must I keep? You must collect and keep records of the data and information specified in paragraphs (c)(1) through (13) of this section, according to the requirements in paragraph (c)(14) of this section.


(1) General compliance and applicability records. Maintain information specified in paragraphs (c)(1)(i) through (ii) of this section for each affected source.


(i) Each notification and report that you submitted to comply with this subpart, and the documentation supporting each notification and report.


(ii) Records of the applicability determinations as in § 63.11514(b)(1) through (5), “Am I subject to this subpart,” listing equipment included in its affected source, as well as any changes to that and on what date they occurred, must be maintained for 5 years and be made available for inspector review at any time.


(2) Visual determination of fugitive emissions records. Maintain a record of the information specified in paragraphs (c)(2)(i) through (iii) of this section for each affected source which performs visual determination of fugitive emissions in accordance with § 63.11517(a), “Monitoring requirements.”


(i) The date and results of every visual determination of fugitive emissions;


(ii) A description of any corrective action taken subsequent to the test; and


(iii) The date and results of any follow-up visual determination of fugitive emissions performed after the corrective actions.


(3) Visual determination of emissions opacity records. Maintain a record of the information specified in paragraphs (c)(3)(i) through (iii) of this section for each affected source which performs visual determination of emissions opacity in accordance with § 63.11517(c), “Monitoring requirements.”


(i) The date of every visual determination of emissions opacity; and


(ii) The average of the six-minute opacities measured by the test; and


(iii) A description of any corrective action taken subsequent to the test.


(4) Maintain a record of the manufacturer’s specifications for the control devices used to comply with § 63.11516, “What are my standards and management practices?”


(5) Spray paint booth filter records. Maintain a record of the filter efficiency demonstrations and spray paint booth filter maintenance activities, performed in accordance with § 63.11516(d)(1)(ii) and (iii), “Requirements for spray painting objects in spray booths or spray rooms.”


(6) Waterspray booth or water curtain efficiency tests. Maintain a record of the water curtain efficiency demonstrations performed in accordance with § 63.11516(d)(1)(ii), “Requirements for spray painting objects in spray booths or spray rooms.”


(7) HVLP or other high transfer efficiency spray delivery system documentation records. Maintain documentation of HVLP or other high transfer efficiency spray paint delivery systems, in compliance with § 63.11516(d)(3), “Requirements for spray painting of all objects.” This documentation must include the manufacturer’s specifications for the equipment and any manufacturer’s operation instructions. If you have obtained written approval for an alternative spray application system in accordance with § 63.11516(d)(2), “Spray painting of all objects,” you must maintain a record of that approval along with documentation of the demonstration of equivalency.


(8) HVLP or other high transfer efficiency spray delivery system employee training documentation records. Maintain certification that each worker performing spray painting operations has completed the training specified in § 63.11516(d)(6), “Requirements for spray painting of all objects,” with the date the initial training and the most recent refresher training was completed.


(9)-(10) [Reserved]


(11) Visual determination of emissions opacity performed during the preparation (or revision) of the Site-Specific Welding Emissions Management Plan. You must maintain a record of each visual determination of emissions opacity performed during the preparation (or revision) of a Site-Specific Welding Emissions Management Plan, in accordance with § 63.11516(f)(7)(iii), “Requirements for opacities exceeding 20 percent.”


(12) Site-Specific Welding Emissions Management Plan. If you have been required to prepare a plan in accordance with § 63.11516(f)(7)(iii), “Site-Specific Welding Emissions Management Plan,” you must maintain a copy of your current Site-Specific Welding Emissions Management Plan in your records and it must be readily available for inspector review.


(13) Manufacturer’s instructions. If you comply with this subpart by operating any equipment according to manufacturer’s instruction, you must keep these instructions readily available for inspector review.


(14) Welding Rod usage. If you operate a new or existing welding affected source which is not required to comply with the requirements of § 63.11516(f)(3) through (8) because it uses less than 2,000 pounds per year of welding rod (on a rolling 12-month basis), you must maintain records demonstrating your welding rod usage on a rolling 12-month basis.


(15) Your records must be maintained according to the requirements in paragraphs (c)(14)(i) through (iii) of this section.


(i) Your records must be in a form suitable and readily available for expeditious review, according to § 63.10(b)(1), “General Provisions.” Where appropriate, the records may be maintained as electronic spreadsheets or as a database.


(ii) As specified in § 63.10(b)(1), “General Provisions,” you must keep each record for 5 years following the date of each occurrence, measurement, corrective action, report, or record.


(iii) You must keep each record on-site for at least 2 years after the date of each occurrence, measurement, corrective action, report, or record according to § 63.10(b)(1), “General Provisions.” You may keep the records off-site for the remaining 3 years.


[72 FR 73207, Dec. 26, 2007, as amended at 85 FR 73921, Nov. 19, 2020]


§ 63.11520 [Reserved]

Other Requirements and Information

§ 63.11521 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by 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 EPA, has the authority to implement and enforce this subpart. You should contact your 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 EPA Administrator 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 (5) of this section.


(1) Approval of an alternative non-opacity emissions standard under § 63.6(g), of the General Provisions of this part.


(2) Approval of an alternative opacity emissions standard under § 63.6(h)(9), of the General Provisions of this part.


(3) Approval of a major change to test methods under § 63.7(e)(2)(ii) and (f), of the General Provisions of this part. A “major change to test method” is defined in § 63.90.


(4) Approval of a major change to monitoring under § 63.8(f), of the General Provisions of this part. A “major change to monitoring” under is defined in § 63.90.


(5) Approval of a major change to recordkeeping and reporting under § 63.10(f), of the General Provisions of this part. A “major change to recordkeeping/reporting” is defined in § 63.90.


§ 63.11522 What definitions apply to this subpart?

The terms used in this subpart are defined in the CAA; and in this section as follows:


Adequate emission capture methods are hoods, enclosures, or any other duct intake devices with ductwork, dampers, manifolds, plenums, or fans designed to draw greater than 85 percent of the airborne dust generated from the process into the control device.


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 intake devices, hoods, enclosures, ductwork, dampers, manifolds, plenums, and fans.


Cartridge collector means a type of control device that uses perforated metal cartridges containing a pleated paper or non-woven fibrous filter media to remove PM from a gas stream by sieving and other mechanisms. Cartridge collectors can be designed with single use cartridges, which are removed and disposed after reaching capacity, or continuous use cartridges, which typically are cleaned by means of a pulse-jet mechanism.


Confined abrasive blasting enclosure means an enclosure that includes a roof and at least two complete walls, with side curtains and ventilation as needed to insure that no air or PM exits the enclosure while dry abrasive blasting is performed. Apertures or slots may be present in the roof or walls to allow for mechanized transport of the blasted objects with overhead cranes, or cable and cord entry into the dry abrasive blasting chamber.


Control device means equipment installed on a process vent or exhaust system that reduces the quantity of a pollutant that is emitted to the air.


Dry abrasive blasting means cleaning, polishing, conditioning, removing or preparing a surface by propelling a stream of abrasive material with compressed air against the surface. Hydroblasting, wet abrasive blasting, or other abrasive blasting operations which employ liquids to reduce emissions are not dry abrasive blasting.


Dry grinding and dry polishing with machines means grinding or polishing without the use of lubricating oils or fluids in fixed or stationary machines. Hand grinding, hand polishing, and bench top dry grinding and dry polishing are not included under this definition.


Fabric filter means a type of control device used for collecting PM by filtering a process exhaust stream through a filter or filter media; a fabric filter is also known as a baghouse.


Facility maintenance means operations performed as part of the routine repair or renovation of process equipment, machinery, control equipment, and structures that comprise the infrastructure of the affected facility and that are necessary for the facility to function in its intended capacity. Facility maintenance also includes operations associated with the installation of new equipment or structures, and any processes as part of janitorial activities. Facility maintenance includes operations on stationary structures or their appurtenances at the site of installation, to portable buildings at the site of installation, to pavements, or to curbs. Facility maintenance also includes operations performed on mobile equipment, such as fork trucks, that are used in a manufacturing facility and which are maintained in that same facility. Facility maintenance does not include spray-applied coating of motor vehicles, mobile equipment, or items that routinely leave and return to the facility, such as delivery trucks, rental equipment, or containers used to transport, deliver, distribute, or dispense commercial products to customers, such as compressed gas canisters.


Filtration control device means a control device that utilizes a filter to reduce the emissions of MFHAP and other PM.


Grinding means a process performed on a workpiece to remove undesirable material from the surface or to remove burrs or sharp edges. Grinding is done using belts, disks, or wheels consisting of or covered with various abrasives.


Machining means dry metal turning, milling, drilling, boring, tapping, planing, broaching, sawing, cutting, shaving, shearing, threading, reaming, shaping, slotting, hobbing, and chamfering with machines. Shearing operations cut materials into a desired shape and size, while forming operations bend or conform materials into specific shapes. Cutting and shearing operations include punching, piercing, blanking, cutoff, parting, shearing and trimming. Forming operations include bending, forming, extruding, drawing, rolling, spinning, coining, and forging the metal. Processes specifically excluded are hand-held devices and any process employing fluids for lubrication or cooling.


Material containing MFHAP means a material containing one or more MFHAP. Any material that contains cadmium, chromium, lead, or nickel in amounts greater than or equal to 0.1 percent by weight (as the metal), and contains manganese in amounts greater than or equal to 1.0 percent by weight (as the metal), as shown in formulation data provided by the manufacturer or supplier, such as the Material Safety Data Sheet for the material, is considered to be a material containing MFHAP.


Metal fabrication and finishing HAP (MFHAP) means any compound of the following metals: Cadmium, chromium, lead, manganese, or nickel, or any of these metals in the elemental form, with the exception of lead.


Metal fabrication and finishing source categories are limited to the nine metal fabrication and finishing source categories with the activities described in Table 1, “Description of Source Categories Affected by this Subpart.” Metal fabrication or finishing operations means dry abrasive blasting, machining, spray painting, or welding in any one of the nine metal fabrication and finishing area source categories listed in Table 1, “Description of Source Categories Affected by this Subpart.”


Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense (DoD) or for the U.S. Armed Services for national defense and security, including military munitions under the control of the DoD, the U.S. Coast Guard, the National Nuclear Security Administration (NNSA), U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: Confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DoD components, including bulk explosives and chemical warfare agents, chemical munitions, biological weapons, rockets, guided and ballistic missiles, bombs, warheads, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, nonnuclear components of nuclear weapons, wholly inert ammunition products, and all devices and components of any items listed in this definition.


Paint means a material applied to a substrate for decorative, protective, or functional purposes. Such materials include, but are not limited to, paints, coatings, sealants, liquid plastic coatings, caulks, inks, adhesives, and maskants. Decorative, protective, or functional materials that consist only of protective oils for metal, acids, bases, or any combination of these substances, or paper film or plastic film which may be pre-coated with an adhesive by the film manufacturer, are not considered paints for the purposes of this subpart.


Polishing with machines means an operation which removes fine excess metal from a surface to prepare the surface for more refined finishing procedures prior to plating or other processes. Polishing may also be employed to remove burrs on castings or stampings. Polishing is performed using hard-faced wheels constructed of muslin, canvas, felt or leather, and typically employs natural or artificial abrasives. Polishing performed by hand without machines or in bench top operations are not considered polishing with machines for the purposes of this subpart.


Primarily engaged means the manufacturing, fabricating, or forging of one or more products listed in one of the nine metal fabrication and finishing source category descriptions in Table 1, “Description of Source Categories Affected by this Subpart,” where this production represents at least 50 percent of the production at a facility, and where production quantities are established by the volume, linear foot, square foot, or other value suited to the specific industry. The period used to determine production should be the previous continuous 12 months of operation. Facilities must document and retain their rationale for the determination that their facility is not “primarily engaged” pursuant to § 63.10(b)(3) of the General Provisions.


Quality control activities means operations that meet all of the following criteria:


(1) The activities are intended to detect and correct defects in the final product by selecting a limited number of samples from the operation, and comparing the samples against specific performance criteria.


(2) The activities do not include the production of an intermediate or final product for sale or exchange for commercial profit; for example, parts that are not sold and do not leave the facility.


(3) The activities are not a normal part of the operation;


(4) The activities do not involve fabrication of tools, equipment, machinery, and structures that comprise the infrastructure of the facility and that are necessary for the facility to function in its intended capacity; that is, the activities are not facility maintenance.


Responsible official means responsible official as defined in 40 CFR 70.2.


Spray-applied painting means application of paints using a hand-held device that creates an atomized mist of paint and deposits the paint on a substrate. For the purposes of this subpart, spray-applied painting does not include the following materials or activities:


(1) Paints applied from a hand-held device with a paint cup capacity that is less than 3.0 fluid ounces (89 cubic centimeters).


(2) Surface coating application using powder coating, hand-held, non-refillable aerosol containers, or non-atomizing application technology, including, but not limited to, paint brushes, rollers, hand wiping, flow coating, dip coating, electrodeposition coating, web coating, coil coating, touch-up markers, or marking pens.


(3) Painting operations that normally require the use of an airbrush or an extension on the spray gun to properly reach limited access spaces; the application of paints that contain fillers that adversely affect atomization with HVLP spray guns, and the application of paints that normally have a dried film thickness of less than 0.0013 centimeter (0.0005 in.).


(4) Thermal spray operations (also known as metallizing, flame spray, plasma arc spray, and electric arc spray, among other names) in which solid metallic or non-metallic material is heated to a molten or semi-molten state and propelled to the work piece or substrate by compressed air or other gas, where a bond is produced upon impact.


Spray booth or spray room means an enclosure with four sides and a roof where spray paint is prevented from leaving the booth during spraying by the enclosure. The roof of the spray booth or spray room may contain narrow slots for connecting the parts and products to overhead cranes, or for cord or cable entry into the spray booth or spray room.


Tool or equipment repair means equipment and devices used to repair or maintain process equipment or to prepare molds, dies, or other changeable elements of process equipment.


Totally enclosed and unvented means enclosed so that no air enters or leaves during operation.


Totally enclosed and unvented dry abrasive blasting chamber means a dry abrasive blasting enclosure which has no vents to the atmosphere, thus no emissions. A typical example of this sort of abrasive blasting enclosure is a small “glove box” enclosure, where the worker places their hands in openings or gloves that extend into the box and enable the worker to hold the objects as they are being blasted without allowing air and blast material to escape the box.


Vented dry abrasive blasting means dry abrasive blasting where the blast material is moved by air flow from within the chamber to outside the chamber into the atmosphere or into a control device.


Welding means a process which joins two metal parts by melting the parts at the joint and filling the space with molten metal.


Welding rod containing MFHAP means a welding rod that contains cadmium, chromium, lead, or nickel in amounts greater than or equal to 0.1 percent by weight (as the metal), or that contains manganese in amounts greater than or equal to 1.0 percent by weight (as the metal), as shown in formulation data provided by the manufacturer or supplier, such as the Material Safety Data Sheet for the welding rod.


§ 63.11523 What General Provisions apply to this subpart?

The provisions in 40 CFR part 63, subpart A, applicable to sources subject to § 63.11514(a) are specified in Table 2 of this subpart.


Table 1 to Subpart XXXXXX of Part 63 – Description of Source Categories Affected by This Subpart

Metal fabrication and finishing source category
Description
Electrical and Electronic Equipment Finishing OperationsEstablishments primarily engaged in manufacturing motors and generators; and electrical machinery, equipment, and supplies, not elsewhere classified. The electrical machinery equipment and supplies industry sector of this source category includes establishments primarily engaged in high energy particle acceleration systems and equipment, electronic simulators, appliance and extension cords, bells and chimes, insect traps, and other electrical equipment and supplies not elsewhere classified. The motors and generators sector of this source category includes establishments primarily engaged in manufacturing electric motors (except engine starting motors) and power generators; motor generator sets; railway motors and control equipment; and motors, generators and control equipment for gasoline, electric, and oil-electric buses and trucks.
Fabricated Metal ProductsEstablishments primarily engaged in manufacturing fabricated metal products, such as fire or burglary resistive steel safes and vaults and similar fire or burglary resistive products; and collapsible tubes of thin flexible metal. Also, establishments primarily engaged in manufacturing powder metallurgy products, metal boxes; metal ladders; metal household articles, such as ice cream freezers and ironing boards; and other fabricated metal products not elsewhere classified.
Fabricated Plate Work (Boiler Shops)Establishments primarily engaged in manufacturing power marine boilers, pressure and nonpressure tanks, processing and storage vessels, heat exchangers, weldments and similar products.
Fabricated Structural Metal ManufacturingEstablishments primarily engaged in fabricating iron and steel or other metal for structural purposes, such as bridges, buildings, and sections for ships, boats, and barges.
Heating Equipment, except ElectricEstablishments primarily engaged in manufacturing heating equipment, except electric and warm air furnaces, including gas, oil, and stoker coal fired equipment for the automatic utilization of gaseous, liquid, and solid fuels. Products produced in this source category include low-pressure heating (steam or hot water) boilers, fireplace inserts, domestic (steam or hot water) furnaces, domestic gas burners, gas room heaters, gas infrared heating units, combination gas-oil burners, oil or gas swimming pool heaters, heating apparatus (except electric or warm air), kerosene space heaters, gas fireplace logs, domestic and industrial oil burners, radiators (except electric), galvanized iron nonferrous metal range boilers, room heaters (except electric), coke and gas burning salamanders, liquid or gas solar energy collectors, solar heaters, space heaters (except electric), mechanical (domestic and industrial) stokers, wood and coal-burning stoves, domestic unit heaters (except electric), and wall heaters (except electric).
Industrial Machinery and Equipment Finishing OperationsEstablishments primarily engaged in construction machinery manufacturing; oil and gas field machinery manufacturing; and pumps and pumping equipment manufacturing. The construction machinery manufacturing industry sector of this source category includes establishments primarily engaged in manufacturing heavy machinery and equipment of types used primarily by the construction industries, such as bulldozers; concrete mixers; cranes, except industrial plant overhead and truck-type cranes; dredging machinery; pavers; and power shovels. Also establishments primarily engaged in manufacturing forestry equipment and certain specialized equipment, not elsewhere classified, similar to that used by the construction industries, such as elevating platforms, ship cranes, and capstans, aerial work platforms, and automobile wrecker hoists. The oil and gas field machinery manufacturing industry sector of this source category includes establishments primarily engaged in manufacturing machinery and equipment for use in oil and gas fields or for drilling water wells, including portable drilling rigs. The pumps and pumping equipment manufacturing sector of this source category includes establishments primarily engaged in manufacturing pumps and pumping equipment for general industrial, commercial, or household use, except fluid power pumps and motors. This category includes establishments primarily engaged in manufacturing domestic water and sump pumps.
Iron and Steel ForgingEstablishments primarily engaged in the forging manufacturing process, where purchased iron and steel metal is pressed, pounded or squeezed under great pressure into high strength parts known as forgings. The forging process is different from the casting and foundry processes, as metal used to make forged parts is never melted and poured.
Primary Metals Products ManufacturingEstablishments primarily engaged in manufacturing products such as fabricated wire products (except springs) made from purchased wire. These facilities also manufacture steel balls; nonferrous metal brads and nails; nonferrous metal spikes, staples, and tacks; and other primary metals products not elsewhere classified.
Valves and Pipe FittingsEstablishments primarily engaged in manufacturing metal valves and pipe fittings; flanges; unions, with the exception of purchased pipes; and other valves and pipe fittings not elsewhere classified.

Table 2 to Subpart XXXXXX of Part 63 – Applicability of General Provisions to Metal Fabrication or Finishing Area Sources

Instructions for Table 2 – As required in § 63.11523, “General Provisions Requirements,” you must meet each requirement in the following table that applies to you.


Citation
Subject
63.1
1
Applicability.
63.2Definitions.
63.3Units and abbreviations.
63.4Prohibited activities.
63.5Construction/reconstruction.
63.6(a), (b)(1)-(b)(5), (c)(1), (c)(2), (c)(5), (g), (i), (j)Compliance with standards and maintenance requirements.
63.9(a)-(d)Notification requirements.
63.10(a), (b) except for (b)(2), (d)(1), (d)(4)Recordkeeping and reporting.
63.12State authority and delegations.
63.13Addresses of State air pollution control agencies and EPA regional offices.
63.14Incorporation by reference.
63.15Availability of information and confidentiality.
63.16Performance track provisions.


1 § 63.11514(g), “Am I subject to this subpart?” exempts affected sources from the obligation to obtain title V operating permits.


Subpart YYYYYY – National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production Facilities


Source:73 FR 78643, Dec. 23, 2008, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11524 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a ferroalloys production facility that is an area source of hazardous air pollutant (HAP) emissions. A ferroalloys production facility manufactures silicon metal, ferrosilicon, ferrotitanium using the aluminum reduction process, ferrovanadium, ferromolybdenum, calcium silicon, silicomanganese zirconium, ferrochrome silicon, silvery iron, high-carbon ferrochrome, charge chrome, standard ferromanganese, silicomanganese, ferromanganese silicon, calcium carbide or other ferroalloy products using electrometallurgical operations including electric arc furnaces (EAFs) or other reaction vessels.


(b) The provisions of this subpart apply to each existing and new electrometallurgical operation affected source as defined in paragraphs (b)(1) and (b)(2) of this section.


(1) An electrometallurgical operation affected source is existing if you commenced construction or reconstruction of the EAF or other reaction vessel on or before September 15, 2008.


(2) An electrometallurgical operation affected source is new if you commenced construction or reconstruction of the EAF or other reaction vessel after September 15, 2008.


(c) This subpart does not apply to research or laboratory facilities as defined in section 112(c)(7) of the Clean Air Act (CAA).


(d) You are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, provided you are not otherwise required by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3. Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart.


§ 63.11525 What are my compliance dates?

(a) If you own or operate an existing affected source, you must achieve compliance with the applicable provisions of this subpart by June 22, 2009.


(b) If you start up a new affected source on or before December 23, 2008, you must achieve compliance with the applicable provisions of this subpart by no later than December 23, 2008.


(c) If you start up a new affected source after December 23, 2008, you must achieve compliance with the applicable provisions of this subpart upon startup of your affected source.


Standards, Monitoring, and Compliance Requirements

§ 63.11526 What are the standards for new and existing ferroalloys production facilities?

(a) You must not discharge to the atmosphere visible emissions (VE) from the control device that exceed 5 percent of accumulated occurrences in a 60-minute observation period.


(b) You must not discharge to the atmosphere fugitive PM emissions from the furnace building containing the electrometallurgical operations that exhibit opacity greater than 20 percent (6-minute average), except for one 6-minute average per hour that does not exceed 60 percent.


§ 63.11527 What are the monitoring requirements for new and existing sources?

(a) EAF equipped with fabric filters – (1) Visual monitoring. You must conduct visual monitoring of the monovent or fabric filter outlet stack(s) for any VE according to the schedule specified in paragraphs (a)(1)(i) and (a)(1)(ii) of this section.


(i) Daily visual monitoring. Perform visual determination of fugitive emissions once per day, on each day the process is in operation, during operation of the process.


(ii) Weekly visual monitoring. If no visible fugitive emissions are detected in consecutive daily visual monitoring performed in accordance with paragraph (a)(1)(i) of this section for 90 days of operation of the process, you may decrease the frequency of visual monitoring to once per calendar week of time the process is in operation, during operation of the process. If visible fugitive emissions are detected during these inspections, you must resume daily visual monitoring of that operation during each day that the process is in operation, in accordance with paragraph (a)(1)(i) of this section until you satisfy the criteria of this section to resume conducting weekly visual monitoring.


(2) If the visual monitoring reveals the presence of any VE, you must conduct a Method 22 (appendix A-7 of 40 CFR part 60) test following the requirements of § 63.11528(b)(1) within 24 hours of determining the presence of any VE.


(3) If you own or operate an existing affected source, you may install, operate, and maintain a bag leak detection system for each fabric filter as an alternative to the monitoring requirements in paragraph (a)(1) of this section. If you own or operate a new affected source, you must install, operate, and maintain a bag leak detection system for each fabric filter according to the requirements in paragraphs (a)(3)(i) through (a)(3)(vii) of this section. Such source is not subject to the requirements in paragraphs (a)(1) and (a)(2) of this section.


(i) The system must be certified by the manufacturer to be capable of detecting emissions of PM at concentrations of 10 milligrams per actual cubic meter (0.00044 grains per actual cubic foot) or less.


(ii) The bag leak detection system sensor must provide output of relative PM loadings and the owner or operator shall continuously record the output from the bag leak detection system using a strip chart recorder, data logger, or other means.


(iii) The system must be equipped with an alarm that will sound when an increase in relative PM 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, seen, or otherwise detected by the appropriate plant personnel.


(iv) 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. If the system is equipped with an alarm delay time feature, you also must establish a maximum reasonable alarm delay time.


(v) Following the initial adjustment, do not adjust the sensitivity or range, averaging period, alarm set point, or alarm delay time, except that, once per quarter, you may adjust the sensitivity of the bag leak detection system to account for seasonal effects including temperature and humidity.


(vi) For fabric filters that are discharged to the atmosphere through a stack, the bag leak detector sensor must be installed downstream of the fabric filter and upstream of any wet scrubber.


(vii) Where multiple detectors are required, the system’s instrumentation and alarm may be shared among detectors.


(4) When operating a bag leak detection system, if an alarm sounds, conduct visual monitoring of the monovent or fabric filter outlet stack(s) as required in paragraph (a)(1) of this section within 1 hour. If the visual monitoring reveals the presence of any VE, you must conduct a Method 22 test following the requirements of § 63.11528(b)(1) within 24 hours of determining the presence of any VE.


(5) You must prepare a site-specific monitoring plan for each bag leak detection system. You must operate and maintain each bag leak detection system according to the plan at all times. Each plan must address all of the items identified in paragraphs (a)(5)(i) through (a)(5)(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 and alarm delay time will be established.


(iii) Operation of the bag leak detection system including quality assurance procedures.


(iv) Maintenance of the bag leak detection system including a routine maintenance schedule and spare parts inventory list.


(v) How the bag leak detection system output will be recorded and stored.


(b) EAF equipped with wet scrubbers – (1) Visual monitoring. You must conduct visual monitoring of the wet scrubber outlet stack(s) for any VE according to the schedule specified in paragraphs (b)(1)(i) and (b)(1)(ii) of this section.


(i) Daily visual monitoring. Perform visual determination of fugitive emissions once per day, on each day the process is in operation, during operation of the process.


(ii) Weekly visual monitoring. If no visible fugitive emissions are detected in consecutive daily visual monitoring performed in accordance with paragraph (b)(1)(i) of this section for 90 days of operation of the process, you may decrease the frequency of visual monitoring to once per calendar week of time the process is in operation, during operation of the process. If visible fugitive emissions are detected during these inspections, you must resume daily visual monitoring of that operation during each day that the process is in operation, in accordance with paragraph (b)(1)(i) of this section until you satisfy the criteria of this section to resume conducting weekly visual monitoring.


(2) If the visual monitoring reveals the presence of any VE, you must conduct a Method 22 (appendix A-7 of 40 CFR part 60) test following the requirements of § 63.11528(b)(1) within 24 hours of determining the presence of any VE.


(3) If you own or operate an existing affected source, you may install, operate and maintain a continuous parameter monitoring system (CPMS) to measure and record the 3-hour average pressure drop and scrubber water flow rate as an alternative to the monitoring requirements specified in paragraph (b)(1) of this section. If you own or operate a new sealed EAF affected source, you must install, operate, and maintain a CPMS for each wet scrubber. Such source is not subject to the requirements in paragraph (b)(1) of this section.


(4) When operating a CPMS, if the 3-hour average pressure drop or scrubber water flow rate is below the minimum levels that indicate normal operation of the control device, conduct visual monitoring of the outlet stack(s) as required by paragraph (b)(1) of this section within 1 hour of determining that the 3-hour average parameter value is below the required minimum levels. Manufacturer’s specifications for pressure drop and liquid flow rate will be used to determine normal operations. If the visual monitoring reveals the presence of any VE, you must conduct a Method 22 (appendix A-7 of 40 CFR part 60) test following the requirements of § 63.11528(b)(1) within 24 hours of determining the presence of any VE.


§ 63.11528 What are the performance test and compliance requirements for new and existing sources?

(a) Initial compliance demonstration deadlines. You must conduct an initial Method 22 (appendix A-7 of 40 CFR part 60) test following the requirements of paragraph (b)(1) of this section of each existing electrometallurgical operation control device and an initial Method 9 observation following the requirements of paragraph (c)(1) of this section from the furnace building due to electrometallurgical operations no later than 60 days after your applicable compliance date. For any new electrometallurgical operation control device, you must conduct an initial Method 22 test following the requirements of paragraph (b)(1) of this section within 15 days of startup of the control device.


(b) Visible emissions limit compliance demonstration. (1) You must conduct a Method 22 (appendix A-7 of 40 CFR part 60) test to determine that VE from the control device do not exceed the emission standard specified in § 63.11526(a). For a fabric filter, conduct the test for at least 60 minutes at the fabric filter monovent or outlet stack(s), as applicable. For a wet scrubber, conduct the test for at least 60 minutes at the outlet stack(s).


(2) You must conduct a semiannual Method 22 test using the procedures specified in paragraph (b)(1) of this section.


(c) Furnace building opacity. (1) You must conduct an opacity test for fugitive emissions from the furnace building according to the procedures in § 63.6(h) and Method 9 (appendix A-4 of 40 CFR part 60). The test must be conducted for at least 60 minutes and shall include tapping the furnace or reaction vessel. The observation must be focused on the part of the building where electrometallurgical operation fugitive emissions are most likely to be observed.


(2) Conduct subsequent Method 9 tests no less frequently than every 6 months and each time you make a process change likely to increase fugitive emissions.


(3) After the initial Method 9 performance test, as an alternative to the Method 9 performance test, you may monitor VE using Method 22 (appendix A-7 of 40 CFR part 60) for subsequent semi-annual compliance demonstrations. The Method 22 test is successful if no VE are observed for 90 percent of the readings over the furnace cycle (tap to tap) or 60 minutes, whichever is longer. If VE are observed greater than 10 percent of the time over the furnace cycle or 60 minutes, whichever is longer, then the facility must conduct another test as soon as possible, but no later than 15 calendar days after the Method 22 test using Method 9 (appendix A-4 of 40 CFR part 60) as specified in paragraph (c)(1) of this section.


§ 63.11529 What are the notification, reporting, and recordkeeping requirements?

(a) Initial Notification. You must submit the Initial Notification required by § 63.9(b)(2) no later than 120 days after December 23, 2008, or no later than 120 days after the source becomes subject to this subpart, whichever is later. The Initial Notification must include the information specified in § 63.9(b)(2)(i) through (iv).


(b) Notification of compliance status. You must submit a Notification of Compliance Status in accordance with § 63.9(h) of the General Provisions before the close of business on the 30th day following the completion of the initial compliance demonstration. This notification must include the following:


(1) The results of Method 22 (appendix A-7 of 40 CFR part 60) test for VE as required by § 63.11528(a);


(2) If you have installed a bag leak detection system, documentation that the system satisfies the design requirements specified in § 63.11527(a)(3) and that you have prepared a site-specific monitoring plan that meets the requirements specified in § 63.11527(a)(5);


(3) The results of the Method 9 (appendix A-4 of 40 CFR part 60) test for building opacity as required by § 63.11528(a).


(c) Annual compliance certification. If you own or operate an affected source, you must submit an annual certification of compliance according to paragraphs (c)(1) through (c)(4) of this section.


(1) The results of any daily or weekly visual monitoring events required by § 63.11527(a)(1) and (b)(1), alarm-based visual monitoring at sources equipped with bag leak detection systems as required by § 63.11527(a)(4), or readings outside of the operating range at sources using CPMS on wet scrubbers required by § 63.11527(b)(4).


(2) The results of the follow up Method 22 (appendix A-7 of 40 CFR part 60) tests that are required if VE are observed during the daily or weekly visual monitoring, alarm-based visual monitoring, or out-of-range operating readings as described in paragraph (c)(1) of this section.


(3) The results of the Method 22 (appendix A-7 of 40 CFR part 60) or Method 9 (appendix A-4 of 40 CFR part 60) tests required by § 63.11528(b) and (c), respectively.


(4) If you operate a bag leak detection system for a fabric filter or a CPMS for a wet scrubber, submit annual reports according to the requirements in § 63.10(e) and include summary information on the number, duration, and cause (including unknown cause, if applicable) for monitor downtime incidents (other than downtime associated with zero and span or other calibration checks, if applicable).


(d) You must keep the records specified in paragraphs (d)(1) through (d)(2) of this section.


(1) As required in § 63.10(b)(2)(xiv), you must keep a copy of each notification that you submitted to comply with this subpart and all documentation supporting any Initial Notification, Notification of Compliance Status, and annual compliance certifications that you submitted.


(2) You must keep the records of all daily or weekly visual, Method 22 (appendix A-7 of 40 CFR part 60), and Method 9 (appendix A-4 of 40 CFR part 60) monitoring data required by § 63.11527 and the information identified in paragraphs (d)(2)(i) through (d)(2)(v) of this section.


(i) The date, place, and time of the monitoring event;


(ii) Person conducting the monitoring;


(iii) Technique or method used;


(iv) Operating conditions during the activity; and


(v) Results, including the date, time, and duration of the period from the time the monitoring indicated a problem (e.g., VE) to the time that monitoring indicated proper operation.


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


(f) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each recorded action.


(g) You must keep each record onsite for at least 2 years after the date of each recorded action according to § 63.10(b)(1). You may keep the records offsite for the remaining 3 years.


[73 FR 78643, Dec. 23, 2008, as amended at 85 FR 73921, Nov. 19, 2020]


Other Requirements and Information

§ 63.11530 What parts of the General Provisions apply to my facility?

Table 1 of this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you.


§ 63.11531 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by EPA or a delegated authority such as your State, local, or tribal agency. If the EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if 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 EPA Administrator 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 (5) of this section.


(1) Approval of an alternative nonopacity emissions standard under § 63.6(g).


(2) Approval of an alternative opacity emissions standard under § 63.6(h)(9).


(3) Approval of a major change to test methods under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in § 63.90.


(4) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” under is defined in § 63.90.


(5) Approval of a major change to recordkeeping and reporting under § 63.10(f). A “major change to recordkeeping/reporting” is defined in § 63.90.


§ 63.11532 What definitions apply to this subpart?

Terms used in this subpart are defined in the CAA, in § 63.2, and in this section.


Bag leak detection system means a system that is capable of continuously monitoring relative PM (i.e., dust) loadings in the exhaust of a fabric filter 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, or other effect to monitor relative PM loadings continuously.


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 intake devices, hoods, enclosures, ductwork, dampers, manifolds, plenums, and fans.


Charging means introducing materials to an EAF or other reaction vessel, which may consist of, but are not limited to, ores, slag, carbonaceous material, and/or limestone.


Control device means the air pollution control equipment used to remove PM from the effluent gas stream generated by an EAF furnace or other reaction vessel.


Electric arc furnace means any furnace wherein electrical energy is converted to heat energy by transmission of current between electrodes partially submerged in the furnace charge.


Electrometallurgical operations means the use of electric and electrolytic processes to purify metals or reduce metallic compounds to metals.


Fugitive emissions means any pollutant released to the atmosphere that is not discharged through a ventilation system that is specifically designed to capture pollutants at the source, convey them through ductwork, and exhausts them from a control device. Fugitive emissions include pollutants released to the atmosphere through windows, doors, vents, or other building openings. Fugitive emissions also include pollutants released to the atmosphere through other general building ventilation or exhaust systems not specifically designed to capture pollutants at the source.


Sealed EAF means a furnace equipped with the cover with seals around the electrodes and outer edges of the cover to eliminate air being drawn in under the cover.


Tapping means the removal of product from the EAF or other reaction vessel under normal operating conditions, such as removal of metal under normal pressure and movement by gravity down the spout into the ladle.


§§ 63.11533-63.11543 [Reserved]

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

As required in § 63.11530, you must meet each requirement in the following table that applies to you.


Citation
Subject
63.1
1
Applicability.
63.2Definitions.
63.3Units and abbreviations.
63.4Prohibited activities.
63.5Construction/reconstruction.
63.6Compliance with standards and maintenance.
63.8Monitoring.
63.9Notification.
63.10Recordkeeping and reporting.
63.12State authority and delegations.
63.13Addresses of State air pollution control agencies and EPA regional offices.
63.14Incorporation by reference.
63.15Availability of information and confidentiality.
63.16Performance track provisions.


1 § 63.11524(d), “Am I subject to this subpart?” exempts affected sources from the obligation to obtain title V operating permits.


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


Source:74 FR 30393, June 25, 2009, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11544 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate an aluminum foundry, copper foundry, or other nonferrous foundry as defined in § 63.11556, “What definitions apply to this subpart?” that is an area source of hazardous air pollutant (HAP) emissions as defined in § 63.2 and meets the criteria specified in paragraphs (a)(1) through (4) of this section. Once you are subject to this subpart, you must remain subject to this subpart even if you subsequently do not meet the criteria in paragraphs (a)(1) through (4) of this section.


(1) Your aluminum foundry uses material containing aluminum foundry HAP, as defined in § 63.11556, “What definitions apply to this subpart?”; or


(2) Your copper foundry uses material containing copper foundry HAP, as defined in § 63.11556, “What definitions apply to this subpart?”; or


(3) Your other nonferrous foundry uses material containing other nonferrous foundry HAP, as defined in § 63.11556, “What definitions apply to this subpart?”.


(4) Your aluminum foundry, copper foundry, or other nonferrous foundry has an annual metal melt production (for existing affected sources) or an annual metal melt capacity (for new affected sources) of at least 600 tons per year (tpy) of aluminum, copper, and other nonferrous metals, including all associated alloys. You must determine the annual metal melt production and capacity for the time period as described in paragraphs (a)(4)(i) through (iv) of this section. The quantity of ferrous metals melted in iron or steel melting operations and the quantity of nonferrous metal melted in non-foundry melting operations are not included in determining the annual metal melt production for existing affected sources or the annual metal melt capacity for new affected sources.


(i) If you own or operate a melting operation at an aluminum, copper or other nonferrous foundry as of February 9, 2009, you must determine if you are subject to this rule based on your facility’s annual metal melt production for calendar year 2010.


(ii) If you construct or reconstruct a melting operation at an aluminum, copper or other nonferrous foundry after February 9, 2009, you must determine if you are subject to this rule based on your facility’s annual metal melt capacity at startup.


(iii) If your foundry with an existing melting operation increases production after calendar year 2010 such that the annual metal melt production equals or exceeds 600 tpy, you must submit a written notification of applicability to the Administrator within 30 days after the end of the calendar year and comply within 2 years after the date of the notification.


(iv) If your foundry with a new melting operation increases capacity after startup such that the annual metal melt capacity equals or exceeds 600 tpy, you must submit a written notification of applicability to the Administrator within 30 days after the capacity increase year and comply at the time of the capacity increase.


(b) This subpart applies to each new or existing affected source located at an aluminum, copper or other nonferrous foundry that is an area source as defined by § 63.2. The affected source is the collection of all melting operations located at an aluminum, copper, or other nonferrous foundry.


(c) An affected source is an existing source if you commenced construction or reconstruction of the affected source on or before February 9, 2009.


(d) An affected source is a new source if you commenced construction or reconstruction of the affected source after February 9, 2009.


(e) This subpart does not apply to research or laboratory facilities, as defined in section 112(c)(7) of the Clean Air Act.


(f) You are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, provided you are not otherwise 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 applicable to area sources.


[74 FR 30393, June 25, 2009, as amended at 74 FR 46495, Sept. 10, 2009]


§ 63.11545 What are my compliance dates?

(a) If you own or operate an existing affected source, you must achieve compliance with the applicable provisions of this subpart no later than June 27, 2011.


(b) If you start up a new affected source on or before June 25, 2009, you must achieve compliance with the provisions of this subpart no later than June 25, 2009.


(c) If you start up a new affected source after June 25, 2009, you must achieve compliance with the provisions of this subpart upon startup of your affected source.


Standards and Compliance Requirements

§ 63.11550 What are my standards and management practices?

(a) If you own or operate new or existing affected sources at an aluminum foundry, copper foundry, or other nonferrous foundry that is subject to this subpart, you must comply with the requirements in paragraphs (a)(1) through (3) of this section.


(1) Cover or enclose each melting furnace that is equipped with a cover or enclosure during the melting operation to the extent practicable (e.g., except when access is needed; including, but not limited to charging, alloy addition, and tapping).


(2) Purchase only metal scrap that has been depleted (to the extent practicable) of aluminum foundry HAP, copper foundry HAP, or other nonferrous foundry HAP (as applicable) in the materials charged to the melting furnace, except metal scrap that is purchased specifically for its HAP metal content for use in alloying or to meet specifications for the casting. This requirement does not apply to material that is not scrap (e.g., ingots, alloys, sows) or to materials that are not purchased (e.g., internal scrap, customer returns).


(3) Prepare and operate pursuant to a written management practices plan. The management practices plan must include the required management practices in paragraphs (a)(1) and (2) of this section and may include any other management practices that are implemented at the facility to minimize emissions from melting furnaces. You must inform your appropriate employees of the management practices that they must follow. You may use your standard operating procedures as the management practices plan provided the standard operating procedures include the required management practices in paragraphs (a)(1) and (2) of this section.


(b) If you own or operate a new or existing affected source that is located at a large foundry as defined in § 63.11556, you must comply with the additional requirements in paragraphs (b)(1) and (2) of this section.


(1) For existing affected sources located at a large foundry, you must achieve a particulate matter (PM) control efficiency of at least 95.0 percent or emit no more than an outlet PM concentration limit of 0.034 grams per dry standard cubic meter (g/dscm) (0.015 grains per dry standard cubic feet (gr/dscf)).


(2) For new affected sources located at a large foundry, you must achieve a PM control efficiency of at least 99.0 percent or emit no more than an outlet PM concentration limit of at most 0.023 g/dscm (0.010 gr/dscf).


(c) If you own or operate an affected source at a small foundry that subsequently becomes a large foundry after the applicable compliance date, you must meet the requirements in paragraphs (c)(1) through (3) of this section.


(1) You must notify the Administrator within 30 days after the capacity increase or the production increase, whichever is appropriate;


(2) You must modify any applicable permit limits within 30 days after the capacity increase or the production increase to reflect the current production or capacity, if not done so prior to the increase;


(3) You must comply with the PM control requirements in paragraph (b) of this section no later than 2 years from the date of issuance of the permit for the capacity increase or production increase, or in the case of no permit issuance, the date of the increase in capacity or production, whichever occurs first.


(d) These standards apply at all times.


§ 63.11551 What are my initial compliance requirements?

(a) Except as specified in paragraph (b) of this section, you must conduct a performance test for existing and new sources at a large copper or other nonferrous foundry that is subject to § 63.11550(b). You must conduct the test within 180 days of your compliance date and report the results in your Notification of Compliance Status according to § 63.9(h).


(b) If you own or operate an existing affected source at a large copper or other nonferrous foundry that is subject to § 63.11550(b), you are not required to conduct a performance test if a prior performance test was conducted within the past 5 years of the compliance date using the same methods specified in paragraph (c) of this section and you meet either of the following two conditions:


(1) No process changes have been made since the test; or


(2) You demonstrate to the satisfaction of the permitting authority that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes.


(c) You must conduct each performance test according to the requirements in § 63.7 and the requirements in paragraphs (c)(1) and (2) of this section.


(1) You must determine the concentration of PM (for the concentration standard) or the mass rate of PM in pounds per hour at the inlet and outlet of the control device (for the percent reduction standard) according to the following test methods:


(i) Method 1 or 1A (40 CFR part 60, appendix A-1) to select sampling port locations and the number of traverse points in each stack or duct. If you are complying with the concentration provision in § 63.11550(b), sampling sites must be located at the outlet of the control device and prior to any releases to the atmosphere. If you are complying with the percent reduction provision in § 63.11550(b), sampling sites must be located at the inlet and outlet of the control device and prior to any releases to the atmosphere.


(ii) Method 2, 2A, 2C, 2D, 2F (40 CFR part 60, appendix A-1), or Method 2G (40 CFR part 60, appendix A-2) to determine the volumetric flow rate of the stack gas.


(iii) Method 3, 3A, or 3B (40 CFR part 60, appendix A-2) to determine the dry molecular weight of the stack gas. You may use ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses” (incorporated by reference – see § 63.14) as an alternative to EPA Method 3B.


(iv) Method 4 (40 CFR part 60, appendix A-3) to determine the moisture content of the stack gas.


(v) Method 5 or 5D (40 CFR part 60, appendix A-3) or Method 17 (40 CFR part 60, appendix A-6) to determine the concentration of PM or mass rate of PM (front half filterable catch only). If you choose to comply with the percent reduction PM standard, you must determine the mass rate of PM at the inlet and outlet in pounds per hour and calculate the percent reduction in PM.


(2) Three valid test runs are needed to comprise a performance test. Each run must cover at least one production cycle (charging, melting, and tapping).


(3) For a source with a single control device exhausted through multiple stacks, you must ensure that three runs are performed by a representative sampling of the stacks satisfactory to the Administrator or his or her delegated representative. You must provide data or an adequate explanation why the stack(s) chosen for testing are representative.


§ 63.11552 What are my monitoring requirements?

(a) You must record the information specified in § 63.11553(c)(2) to document conformance with the management practices plan required in § 63.11550(a).


(b) Except as specified in paragraph (b)(3) of this section, if you own or operate an existing affected source at a large foundry, you must conduct visible emissions monitoring according to the requirements in paragraphs (b)(1) and (2) of this section.


(1) You must conduct visual monitoring of the fabric filter discharge point(s) (outlets) for any VE according to the schedule specified in paragraphs (b)(1)(i) and (ii) of this section.


(i) You must perform a visual determination of emissions once per day, on each day the process is in operation, during melting operations.


(ii) If no VE are detected in consecutive daily visual monitoring performed in accordance with paragraph (b)(1)(i) of this section for 30 consecutive days or more of operation of the process, you may decrease the frequency of visual monitoring to once per calendar week of time the process is in operation, during melting operations. If VE are detected during these inspections, you must resume daily visual monitoring of that operation during each day that the process is in operation, in accordance with paragraph (b)(1)(i) of this section until you satisfy the criteria of this section to resume conducting weekly visual monitoring.


(2) If the visual monitoring reveals the presence of any VE, you must initiate procedures to determine the cause of the emissions within 1 hour of the initial observation and alleviate the cause of the emissions within 3 hours of initial observation by taking whatever corrective action(s) are necessary. You may take more than 3 hours to alleviate a specific condition that causes VE if you identify in the monitoring plan this specific condition as one that could lead to VE in advance, you adequately explain why it is not feasible to alleviate this condition within 3 hours of the time the VE occurs, and you demonstrate that the requested time will ensure alleviation of this condition as expeditiously as practicable.


(3) As an alternative to the monitoring requirements for an existing affected source in paragraphs (b)(1) and (2) of this section, you may install, operate, and maintain a bag leak detection system for each fabric filter according to the requirements in paragraph (c) of this section.


(c) If you own or operate a new affected source located at a large foundry subject to the PM requirements in § 63.11550(b)(2) that is equipped with a fabric filter, you must install, operate, and maintain a bag leak detection system for each fabric filter according to paragraphs (c)(1) through (4) of this section.


(1) Each bag leak detection system must meet the specifications and requirements in paragraphs (c)(1)(i) through (viii) of this section.


(i) The bag leak detection system must be certified by the manufacturer to be capable of detecting PM emissions at concentrations of 1 milligram per actual cubic meter (0.00044 grains per actual cubic foot) or less.


(ii) The bag leak detection system sensor must provide output of relative PM loadings. You must 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).


(iii) The bag leak detection system must be equipped with an alarm system that will sound when the system detects an increase in relative particulate loading over the alarm set point established according to paragraph (c)(1)(iv) of this section, and the alarm must be located such that it can be heard by the appropriate plant personnel.


(iv) In the initial adjustment of the bag leak detection system, you must establish, at a minimum, the baseline output by adjusting the sensitivity (range) and the averaging period of the device, the alarm set points, and the alarm delay time.


(v) Following initial adjustment, you must not adjust the averaging period, alarm set point, or alarm delay time without approval from the Administrator or delegated authority, except as provided in paragraph (c)(1)(vi) of this section.


(vi) Once per quarter, you may adjust the sensitivity of the bag leak detection system to account for seasonal effects, including temperature and humidity, according to the procedures identified in the site-specific monitoring plan required by paragraph (c)(2) of this section.


(vii) You must install the bag leak detection sensor downstream of the fabric filter.


(viii) Where multiple detectors are required, the system’s instrumentation and alarm may be shared among detectors.


(2) You must prepare a site-specific monitoring plan for each bag leak detection system. You must operate and maintain each bag leak detection system according to the plan at all times. Each monitoring plan must describe the items in paragraphs (c)(2)(i) through (vi) 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 and alarm delay time 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; and


(vi) Corrective action procedures as specified in paragraph (c)(3) of this section.


(3) Except as provided in paragraph (c)(4) of this section, you must initiate procedures to determine the cause of every alarm from a bag leak detection system within 1 hour of the alarm and alleviate the cause of the alarm within 3 hours of the alarm by taking whatever corrective action(s) are necessary. Corrective actions may include, but are not limited to, the following:


(i) Inspecting the fabric filter for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in PM emissions;


(ii) Sealing off defective bags or filter media;


(iii) Replacing defective bags or filter media, or otherwise repairing the control device;


(iv) Sealing off a defective fabric filter compartment;


(v) Cleaning the bag leak detection system probe, or otherwise repairing the bag leak detection system; or


(4) You may take more than 3 hours to alleviate a specific condition that causes an alarm if you identify in the monitoring plan this specific condition as one that could lead to an alarm, adequately explain why it is not feasible to alleviate this condition within 3 hours of the time the alarm occurs, and demonstrate that the requested time will ensure alleviation of this condition as expeditiously as practicable.


(d) If you use a control device other than a fabric filter for new or existing affected sources subject to § 63.11550(b), you must submit a request to use an alternative monitoring procedure as required in § 63.8(f)(4).


§ 63.11553 What are my notification, reporting, and recordkeeping requirements?

(a) You must submit the Initial Notification required by § 63.9(b)(2) no later than 120 calendar days after June 25, 2009 or within 120 days after the source becomes subject to the standard. The Initial Notification must include the information specified in paragraphs (a)(1) through (3) of this section and may be combined with the Notification of Compliance Status required in paragraph (b) of this section.


(1) The name and address of the owner or operator;


(2) The address (i.e., physical location) of the affected source; and


(3) An identification of the relevant standard, or other requirement, that is the basis of the notification and source’s compliance date.


(b) You must submit the Notification of Compliance Status required by § 63.9(h) no later than 120 days after the applicable compliance date specified in § 63.11545 unless you must conduct a performance test. If you must conduct a performance test, you must submit the Notification of Compliance Status within 60 days of completing the performance test. Your Notification of Compliance Status must indicate if you are a small or large foundry as defined in § 63.11556, the production amounts as the basis for the determination, and if you are a large foundry, whether you elect to comply with the control efficiency requirement or PM concentration limit in § 63.11550(b). In addition to the information required in § 63.9(h)(2) and § 63.11551, your notification must include the following certification(s) of compliance, as applicable, and signed by a responsible official:


(1) “This facility will operate in a manner that minimizes HAP emissions from the melting operations to the extent possible. This includes at a minimum that the owners and/or operators of the affected source will cover or enclose each melting furnace that is equipped with a cover or enclosure during melting operations to the extent practicable as required in 63.11550(a)(1).”


(2) “This facility agrees to purchase only metal scrap that has been depleted (to the extent practicable) of aluminum foundry HAP, copper foundry HAP, or other nonferrous foundries HAP (as applicable) in the materials charged to the melting furnace, except for metal scrap that is purchased specifically for its HAP metal content for use in alloying or to meet specifications for the casting as required by 63.11550(a)(2).”


(3) “This facility has prepared and will operate by a written management practices plan according to § 63.11550(a)(3).”


(4) If the owner or operator of an existing affected source at a large foundry is certifying compliance based on the results of a previous performance test: “This facility complies with § 63.11550(b) based on a previous performance test in accordance with § 63.11551(b).”


(5) This certification of compliance is required by the owner or operator that installs bag leak detection systems: “This facility has installed a bag leak detection system in accordance with § 63.11552(b)(3) or (c), has prepared a bag leak detection system monitoring plan in accordance with § 63.11552(c), and will operate each bag leak detection system according to the plan.”


(c) You must keep the records specified in paragraphs (c)(1) through (5) of this section.


(1) As required in § 63.10(b)(2)(xiv), you must keep a copy of each notification that you submitted to comply with this subpart and all documentation supporting any Initial Notification or Notification of Compliance Status that you submitted.


(2) You must keep records to document conformance with the management practices plan required by § 63.11550 as specified in paragraphs (c)(2)(i) and (ii) of this section.


(i) For melting furnaces equipped with a cover or enclosure, records must identify each melting furnace equipped with a cover or enclosure and document that the procedures in the management practices plan were followed during the monthly inspections. These records may be in the form of a checklist.


(ii) Records documenting that you purchased only metal scrap that has been depleted of HAP metals (to the extent practicable) charged to the melting furnace. If you purchase scrap metal specifically for the HAP metal content for use in alloying or to meet specifications for the casting, you must keep records to document that the HAP metal is included in the material specifications for the cast metal product.


(3) You must keep the records of all performance tests, inspections and monitoring data required by §§ 63.11551 and 63.11552, and the information identified in paragraphs (c)(3)(i) through (vi) of this section for each required inspection or monitoring.


(i) The date, place, and time of the monitoring event;


(ii) Person conducting the monitoring;


(iii) Technique or method used;


(iv) Operating conditions during the activity;


(v) Results, including the date, time, and duration of the period from the time the monitoring indicated a problem (e.g., VE) to the time that monitoring indicated proper operation; and


(vi) Maintenance or corrective action taken (if applicable).


(4) If you own or operate a new or existing affected source at a small foundry that is not subject to § 63.11550(b), you must maintain records to document that your facility melts less than 6,000 tpy total of copper, other nonferrous metal, and all associated alloys (excluding aluminum) in each calendar year.


(5) If you use a bag leak detection system, you must keep the records specified in paragraphs (c)(5)(i) through (iii) of this section.


(i) Records of the bag leak detection system output.


(ii) Records of bag leak detection system adjustments, including the date and time of the adjustment, the initial bag leak detection system settings, and the final bag leak detection system settings.


(iii) The date and time of all bag leak detection system alarms, 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) Your records must be in a form suitable and readily available for expeditious review, according to § 63.10(b)(1). As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each recorded action. For records of annual metal melt production, you must keep the records for 5 years from the end of the calendar year. You must keep each record onsite for at least 2 years after the date of each recorded action according to § 63.10(b)(1). You may keep the records offsite for the remaining 3 years.


(e) If a deviation occurs during a semiannual reporting period, you must submit a compliance report to your permitting authority according to the requirements in paragraphs (e)(1) and (2) of this section.


(1) The first reporting period covers the period beginning on the compliance date specified in § 63.11545 and ending on June 30 or December 31, whichever date comes first after your compliance date. Each subsequent reporting period covers the semiannual period from January 1 through June 30 or from July 1 through December 31. Your 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.


(2) A compliance report must include the information in paragraphs (e)(2)(i) through (iv) of this section.


(i) Company name and address.


(ii) 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.


(iii) Date of the report and beginning and ending dates of the reporting period.


(iv) Identification of the affected source, the pollutant being monitored, applicable requirement, description of deviation, and corrective action taken.


[74 FR 30393, June 25, 2009, as amended at 74 FR 46495, Sept. 10, 2009]


Other Requirements and Information

§ 63.11555 What General Provisions apply to this subpart?

Table 1 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you.


§ 63.11556 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in § 63.2, and in this section as follows:


Aluminum foundry means a facility that melts aluminum and pours molten aluminum into molds to manufacture aluminum castings (except die casting) that are complex shapes. For purposes of this subpart, this definition does not include primary or secondary metal producers that cast molten aluminum to produce simple shapes such as sows, ingots, bars, rods, or billets.


Aluminum foundry HAP means any compound of the following metals: beryllium, cadmium, lead, manganese, or nickel, or any of these metals in the elemental form.


Annual copper and other nonferrous foundry metal melt capacity means, for new affected sources, the lower of the copper and other nonferrous metal melting operation capacity, assuming 8,760 operating hours per year or, if applicable, the maximum permitted copper and other nonferrous metal melting operation production rate for the melting operation calculated on an annual basis. Unless otherwise specified in the permit, permitted copper and other nonferrous metal melting operation rates that are not specified on an annual basis must be annualized assuming 24 hours per day, 365 days per year of operation. If the permit limits the operating hours of the melting operation(s) or foundry, then the permitted operating hours are used to annualize the maximum permitted copper and other nonferrous metal melt production rate. The annual copper and other nonferrous metal melt capacity does not include the melt capacity for ferrous metal melted in iron or steel foundry melting operations that are co-located with copper or other nonferrous melting operations or the nonferrous metal melted in non-foundry melting operations.


Annual copper and other nonferrous foundry metal melt production means, for existing affected sources, the quantity of copper and other nonferrous metal melted in melting operations at the foundry in a given calendar year. For the purposes of this subpart, metal melt production is determined on the basis of the quantity of metal charged to the melting operations. The annual copper and nonferrous metal melt production does not include the melt production of ferrous metal melted in iron or steel foundry melting operations that are co-located with copper and other nonferrous melting operations or the nonferrous metal melted in non-foundry melting operations.


Annual metal melt capacity, for new affected sources, means the lower of the aluminum, copper, and other nonferrous metal melting operation capacity, assuming 8,760 operating hours per year or, if applicable, the maximum permitted aluminum, copper, and other nonferrous metal melting operation production rate for the melting operation calculated on an annual basis. Unless otherwise specified in the permit, permitted aluminum, copper, and other nonferrous metal melting operation rates that are not specified on an annual basis must be annualized assuming 24 hours per day, 365 days per year of operation. If the permit limits the operating hours of the melting operation(s) or foundry, then the permitted operating hours are used to annualize the maximum permitted aluminum, copper, and other nonferrous metal melt production rate. The annual metal melt capacity does not include the melt capacity for ferrous metal melted in iron or steel foundry melting operations that are co-located with aluminum, copper, or other nonferrous melting operations or the nonferrous metal melted in non-foundry melting operations.


Annual metal melt production means, for existing affected sources, the quantity of aluminum, copper, and other nonferrous metal melted in melting operations at the foundry in a given calendar year. For the purposes of this subpart, annual metal melt production is determined on the basis of the quantity of metal charged to the melting operations. The annual metal melt production does not include the melt production of ferrous metal melted in iron or steel foundry melting operations that are co-located with aluminum, copper, or other nonferrous melting operations or the nonferrous metal melted in non-foundry melting operations.


Bag leak detection system means a system that is capable of continuously monitoring relative PM (i.e., 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, light scattering, light transmittance, or other effect to continuously monitor relative PM loadings.


Copper foundry means a foundry that melts copper or copper-based alloys and pours molten copper or copper-based alloys into molds to manufacture copper or copper-based alloy castings (excluding die casting) that are complex shapes. For purposes of this subpart, this definition does not include primary or secondary metal producers that cast molten copper to produce simple shapes such as sows, ingots, billets, bars, anode copper, rods, or copper cake.


Copper foundry HAP means any compound of any of the following metals: lead, manganese, or nickel, or any of these metals in the elemental form.


Deviation means any instance where 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 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 in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart.


Die casting means operations classified under the North American Industry Classification System codes 331521 (Aluminum Die-Casting Foundries) and 331522 (Nonferrous (except Aluminum) Die-Casting Foundries) and comprises establishments primarily engaged in introducing molten aluminum, copper, and other nonferrous metal, under high pressure, into molds or dies to make die-castings.


Large foundry means, for an existing affected source, a copper or other nonferrous foundry with an annual metal melt production of copper, other nonferrous metals, and all associated alloys (excluding aluminum) of 6,000 tons or greater. For a new affected source, large foundry means a copper or other nonferrous foundry with an annual metal melt capacity of copper, other nonferrous metals, and all associated alloys (excluding aluminum) of 6,000 tons or greater.


Material containing aluminum foundry HAP means a material containing one or more aluminum foundry HAP. Any material that contains beryllium, cadmium, lead, or nickel in amounts greater than or equal to 0.1 percent by weight (as the metal), or contains manganese in amounts greater than or equal to 1.0 percent by weight (as the metal), as shown in formulation data provided by the manufacturer or supplier, such as the Material Safety Data Sheet for the material, is considered to be a material containing aluminum foundry HAP.


Material containing copper foundry HAP means a material containing one or more copper foundry HAP. Any material that contains lead or nickel in amounts greater than or equal to 0.1 percent by weight (as the metal), or contains manganese in amounts greater than or equal to 1.0 percent by weight (as the metal), as shown in formulation data provided by the manufacturer or supplier, such as the Material Safety Data Sheet for the material, is considered to be a material containing copper foundry HAP.


Material containing other nonferrous foundry HAP means a material containing one or more other nonferrous foundry HAP. Any material that contains chromium, lead, or nickel in amounts greater than or equal to 0.1 percent by weight (as the metal), as shown in formulation data provided by the manufacturer or supplier, such as the Material Safety Data Sheet for the material, is considered to be a material containing other nonferrous foundry HAP.


Melting operations (the affected source) means the collection of furnaces (e.g., induction, reverberatory, crucible, tower, dry hearth) used to melt metal ingot, alloyed ingot and/or metal scrap to produce molten metal that is poured into molds to make castings. Melting operations dedicated to melting ferrous metal at an iron and steel foundry are not included in this definition and are not part of the affected source.


Other nonferrous foundry means a facility that melts nonferrous metals other than aluminum, copper, or copper-based alloys and pours the nonferrous metals into molds to manufacture nonferrous metal castings (excluding die casting) that are complex shapes. For purposes of this subpart, this definition does not include primary or secondary metal producers that cast molten nonferrous metals to produce simple shapes such as sows, ingots, bars, rods, or billets.


Other nonferrous foundry HAP means any compound of the following metals: chromium, lead, and nickel, or any of these metals in the elemental form.


Small foundry means, for an existing affected source, a copper or other nonferrous foundry with an annual metal melt production of copper, other nonferrous metals, and all associated alloys (excluding aluminum) of less than 6,000 tons. For a new affected source, small foundry means a copper or other nonferrous foundry with an annual metal melt capacity of copper, other nonferrous metals, and all associated alloys (excluding aluminum) of less than 6,000 tons.


§ 63.11557 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority, such as your State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to your State, local, or Tribal agency, then that agency 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 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 listed in paragraphs (c)(1) through (4) of this section.


(1) Approval of alternatives to the applicability requirements in § 63.11544, the compliance date requirements in § 63.11545, and the applicable standards in § 63.11550.


(2) Approval of an alternative nonopacity emissions standard under § 63.6(g).


(3) Approval of a major change to a test method under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in § 63.90(a).


(4) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” is defined in § 63.90(a).


(5) Approval of a waiver of recordkeeping or reporting requirements under § 63.10(f), or another major change to recordkeeping/reporting. A “major change to recordkeeping/reporting” is defined in § 63.90(a).


§ 63.11558 [Reserved]

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

As required in § 63.11555, “What General Provisions apply to this subpart?,” you must comply with each requirement in the following table that applies to you.


Citation
Subject
Applies to subpart ZZZZZZ?
Explanation
§ 63.1(a)(1), (a)(2), (a)(3), (a)(4), (a)(6), (a)(10)-(a)(12), (b)(1), (b)(3), (c)(1), (c)(2), (c)(5), (e)ApplicabilityYes§ 63.11544(f) exempts affected sources from the obligation to obtain a title V operating permit.
§ 63.1(a)(5), (a)(7)-(a)(9), (b)(2), (c)(3), (c)(4), (d)ReservedNo
§ 63.2DefinitionsYes
§ 63.3Units and AbbreviationsYes
§ 63.4Prohibited Activities and CircumventionYes
§ 63.5Preconstruction Review and Notification RequirementsYes
§ 63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1), (c)(2), (c)(5), (e)(1), (e)(3)(i), (e)(3)(iii)-(e)(3)(ix), (f)(2), (f)(3), (g), (i), (j)Compliance with Standards and Maintenance RequirementsYes
§ 63.6(f)(1)Compliance with Nonopacity Emission StandardsNoSubpart ZZZZZZ requires continuous compliance with all requirements in this subpart.
§ 63.6(h)(1), (h)(2), (h)(5)-(h)(9)Compliance with Opacity and Visible Emission LimitsNoSubpart ZZZZZZ does not contain opacity or visible emission limits.
§ 63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), (e)(3)(ii), (h)(3), (h)(5)(iv)ReservedNo
§ 63.7Applicability and Performance Test DatesYes
§ 63.8(a)(1), (b)(1), (f)(1)-(5), (g)Monitoring RequirementsYes
§ 63.8(a)(2), (a)(4), (b)(2)-(3), (c), (d), (e), (f)(6), (g)Continuous Monitoring SystemsNoSubpart ZZZZZZ does not require a flare or CPMS, COMS or CEMS.
§ 63.8(a)(3)[Reserved]No
§ 63.9(a), (b)(1), (b)(2)(i)-(iii), (b)(5), (c), (d), (e), (h)(1)-(h)(3), (h)(5), (h)(6), (j)Notification RequirementsYesSubpart ZZZZZZ requires submission of Notification of Compliance Status within 120 days of compliance date unless a performance test is required.
§ 63.9(b)(2)(iv)-(v), (b)(4), (f), (g), (i)No
§ 63.9(b)(3), (h)(4)ReservedNo
§ 63.10(a), (b)(1), (b)(2)(i)-(v), (vii), (vii)(C), (viii), (ix), (b)(3), (d)(1)-(2), (d)(4), (d)(5), (f)Recordkeeping and Reporting RequirementsYes
§ 63.10(b)(2)(vi), (b)(2)(vii)(A)-(B), (c), (d)(3), (e)NoSubpart ZZZZZZ does not require a CPMS, COMS, CEMS, or opacity or visible emissions limit.
§ 63.10(c)(2)-(c)(4), (c)(9)ReservedNo
§ 63.11Control Device RequirementsNo
§ 63.12State Authority and DelegationsYes
§§ 63.13-63.16Addresses, Incorporations by Reference, Availability of Information, Performance Track ProvisionsYes

Subpart AAAAAAA – National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing


Source:74 FR 63260, Dec. 2, 2009, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11559 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate an asphalt processing operation and/or asphalt roofing manufacturing operation that is an area source of hazardous air pollutant (HAP) emissions, as defined in § 63.2.


(b) This subpart applies to each new or existing affected source as defined in paragraphs (b)(1) and (b)(2) of this section.


(1) Asphalt processing. The affected source for asphalt processing operations is the collection of all blowing stills, as defined in § 63.11566, at an asphalt processing operation.


(2) Asphalt roofing manufacturing. The affected source for asphalt roofing manufacturing operations is the collection of all asphalt coating equipment, as defined in § 63.11566, at an asphalt roofing manufacturing operation.


(c) This subpart does not apply to hot mix asphalt plant operations that are used in the paving of roads or hardstand, or operations where asphalt may be used in the fabrication of a built-up roof.


(d) An affected source is a new affected source if you commenced construction or reconstruction after July 9, 2009.


(e) An affected source is reconstructed if it meets the criteria as defined in § 63.2.


(f) An affected source is an existing source if it is not new or reconstructed.


(g) This subpart does not apply to research or laboratory facilities, as defined in section 112(c)(7) of the Clean Air Act.


(h) You are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, provided you are not otherwise required to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a). Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart.


§ 63.11560 What are my compliance dates?

(a) If you own or operate an existing affected source, you must be in compliance with the applicable provisions in this subpart no later than December 2, 2010. As specified in § 63.11562(f), you must demonstrate initial compliance within 180 calendar days after December 2, 2010.


(b) If you own or operate a new affected source, you must be in compliance with the provisions in this subpart on or before December 2, 2009 or upon startup, whichever date is later. As specified in § 63.11562(g), you must demonstrate initial compliance with the applicable emission limits no later than 180 calendar days after December 2, 2009 or within 180 calendar days after startup of the source, whichever is later.


Standards and Compliance Requirements

§ 63.11561 What are my standards and management practices?

(a) For asphalt processing operations, you must meet the emission limits specified in Table 1 of this subpart.


(b) For asphalt roofing manufacturing lines, you must meet the applicable emission limits specified in Table 2 of this subpart.


(c) These standards apply at all times.


§ 63.11562 What are my initial compliance requirements?

(a) For asphalt processing operations, you must:


(1) Demonstrate initial compliance with the emission limits specified in Table 1 of this subpart by:


(i) Conducting emission tests using the methods specified in Table 3 of this subpart; or


(ii) Using the results of a previously-conducted emission test as specified in paragraph (d) of this section.


(2) Establish the value or range of values of the operating parameters specified in Table 4 of this subpart:


(i) Using the operating parameter data recorded during the compliance emission tests; or


(ii) Using the operating parameter data recorded during a previously-conducted emission test.


(b) For asphalt roofing manufacturing lines that use a control device to comply with the emission limits in Table 2 of this subpart, you must:


(1) Demonstrate initial compliance by:


(i) Conducting emission tests using the methods specified in Table 3 of this subpart; or


(ii) Using the results of a previously-conducted emission test as specified in paragraph (d) of this section.


(2) Establish the value of the operating parameter specified in Table 4 of this subpart for thermal oxidizers:


(i) Using the operating parameter data recorded during the compliance emission tests; or


(ii) Using the operating parameter data recorded during a previously-conducted emission test.


(3) Establish the value or range of values of the operating parameters specified in Table 4 of this subpart for control devices other than thermal oxidizers:


(i) Using the operating parameter data recorded during the compliance emission tests;


(ii) Using the operating parameter data recorded during a previously-conducted emission test; or


(iii) Using manufacturer performance specifications.


(c) For asphalt roofing manufacturing lines that do not require a control device to comply with the emission limits in Table 2 of this subpart, you must:


(1) Demonstrate initial compliance by:


(i) Conducting emission tests using the methods specified in Table 3 of this subpart,


(ii) Using the results of a previously-conducted emission test as specified in paragraph (d) of this section; or


(iii) Using process knowledge and engineering calculations as specified in paragraph (e) of this section.


(2) Establish the value or range of values of the operating parameters specified in Table 4 of this subpart:


(i) Using the operating parameter data recorded during the compliance emission tests;


(ii) Using the operating parameter data recorded during a previously-conducted emission test; or


(iii) Using process knowledge and engineering calculations as specified in paragraph (f) of this section.


(d) If you are using a previously-conducted emission test to demonstrate compliance with the emission limitations in this subpart for existing sources, as specified in paragraphs (a)(1)(ii), (b)(1)(ii), or (c)(1)(ii) of this section, the following conditions must be met:


(1) The emission test was conducted within the last 5 years;


(2) No changes have been made to the process since the time of the emission test;


(3) The operating conditions and test methods used for the previous test conform to the requirements of this subpart; and


(4) The data used to establish the value or range of values of the operating parameters, as specified in paragraphs (a)(2)(ii), (b)(2)(ii), or (c)(2)(ii) of this section, were recorded during the emission test.


(e) If you are using process knowledge and engineering calculations to demonstrate initial compliance as specified in paragraph (c)(1)(iii) of this section, you must prepare written documentation that contains the data and any assumptions used to calculate the process emission rate that demonstrate compliance with the emission limits specified in Table 2 of this subpart.


(f) If you are using process knowledge and engineering calculations to establish the value or range of values of operating parameters as specified in paragraph (c)(2)(iii) of this section, you must prepare written documentation that contains the data and any assumptions used to show that the process parameters and corresponding parameter values correlate to the process emissions.


(g) For existing sources, you must demonstrate initial compliance no later than 180 calendar days after December 2, 2010.


(h) For new sources, you must demonstrate initial compliance no later than 180 calendar days after December 2, 2009 or within 180 calendar days after startup of the source, whichever is later.


(i) For emission tests conducted to demonstrate initial compliance with the emission limits specified in Tables 1 and 2 of this subpart, you must follow the requirements specified in paragraphs (i)(1) through (i)(4) of this section.


(1) You must conduct the tests while manufacturing the product that generates the greatest PAH and PM emissions to the control device inlet, or exiting the process if you are not using a control device to comply with the emissions limits specified in Tables 1 and 2 of this subpart.


(2) You must conduct a minimum of three separate test runs for each compliance test specified in paragraphs (a)(1)(i), (b)(1)(i), and (c)(1)(i) of this section according to the requirements specified in § 63.7(e)(3). The sampling time and sample volume of each test run must be as follows:


(i) For asphalt processing operations, the sampling time and sample volume for each test run must be at least 90 minutes or the duration of the coating blow or non-coating blow, whichever is greater, and 2.25 dscm (79.4 dscf).


(ii) For asphalt coating operations, the sampling time and sample volume for each test run must be at least 120 minutes and 3.00 dscm (106 dscf).


(3) For asphalt processing operations, you must use the following equations to calculate the asphalt charging rate (P).


(i) P = (Vd)/(K′ Θ)



Where:

P = asphalt charging rate to blowing still, Mg/hr (ton/hr).

V = volume of asphalt charged, m
3 (ft
3).

d = density of asphalt, kg/m
3 (lb/ft
3).

K′ = conversion factor, 1000 kg/Mg (2000 lb/ton).

Θ = duration of test run, hr.

(ii) d = K1K2Ti



Where:

d = Density of the asphalt, kg/m
3 (lb/ft
3)

d = K1−K2Ti

K1 = 1056.1 kg/m
3 (metric units)

= 66.6147 lb/ft
3 (English Units)

K2 = 0.6176 kg/(m
3 °C) (metric units)

= 0.02149 lb/(ft
3 °F) (English Units)

Ti = temperature at the start of the blow, °C (°F)

(4) You must use the following equation to demonstrate compliance with the emission limits specified in Table 2 of this subpart:


E = [(C)*(Q)/(P)*(K)]



Where:

E = emission rate of particulate matter, kg/Mg (lb/ton).

C = concentration of particulate matter, g/dscm (gr/dscf).

Q = volumetric flow rate of effluent gas, dscm/hr (dscf/hr).

P = the average asphalt roofing production rate or asphalt charging rate over the duration of the test, Mg/hr (ton/hr).

K = conversion factor, 1000 g/kg [7000 (gr/lb)].

§ 63.11563 What are my monitoring requirements?

(a) You must maintain the operating parameters established under § 63.11562(a)(2), (b)(2), (b)(3), and (c)(2) as specified in Table 4 of this subpart.


(b) If you are using a control device to comply with the emission limits specified in Tables 1 and 2 of this subpart, you must develop and make available for inspection by the delegated authority, upon request, a site-specific monitoring plan for each monitoring system that addresses the following:


(1) Installation of the CPMS 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 probe or 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).


(i) In your site-specific monitoring plan, you must also address the following:


(A) Ongoing operation and maintenance procedures in accordance with the general requirements of § 63.8(c)(1), (c)(3), (c)(4)(ii), (c)(7), and (c)(8);


(B) Ongoing data quality assurance procedures in accordance with the general requirements of § 63.8(d); and


(C) Ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 63.10(c), (e)(1), and (e)(2)(i).


(c) If you are using a control device to comply with the emission limits specified in Tables 1 and 2 of this subpart, you must install, operate, and maintain a continuous parameter monitoring system (CPMS) as specified in paragraphs (c)(1) through (c)(3) of this section.


(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 paragraph (g) of this section. 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 of the CPMS.


(d) For each temperature monitoring device, you must meet the CPMS requirements in paragraphs (c)(1) through (c)(3) of this section and the following requirements:


(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 measurement sensitivity of 2.8 °C or 1.0 percent of the temperature value, whichever is larger.


(3) If a chart recorder is used, the recorder sensitivity in the minor division must be at least 20 °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.


(e) For each pressure measurement device, you must meet the CPMS requirements of paragraphs (e)(1) through (e)(6) of this section and the following requirements:


(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 for blockage daily. Perform an accuracy check at least quarterly or following an operating parameter deviation:


(i) According to the manufacturer’s procedures; 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.


(f) For each electrostatic precipitator (ESP) used to control emissions, you must install and operate a CPMS that meets the requirements of paragraphs (c)(1) through (c)(3) of this section to provide representative measurements of the voltage supplied to the ESP.


(g) If you are not using a control device to comply with the emission limits specified in Tables 1 and 2 of this subpart, you must develop and make available for inspection by the delegated authority, upon request, a site-specific monitoring plan. The plan must specify the process parameters established during the initial compliance assessment and how they are being monitored and maintained to demonstrate continuous compliance.


(h) If you would like to use parameters or means other than those specified in Table 4 of this subpart to demonstrate continuous compliance with the emission limits specified in Tables 1 and 2 of this subpart, you must apply to the Administrator for approval of an alternative monitoring plan under § 63.8(f). The plan must specify how process parameters established during the initial compliance assessment will be monitored and maintained to demonstrate continuous compliance.


(i) At all times the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator 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.


(j) You must conduct a performance evaluation of each CPMS in accordance with your site-specific monitoring plan.


(k) You must operate and maintain the CPMS in continuous operation according to the site-specific monitoring plan.


[74 FR 63260, Dec. 2, 2009, as amended at 75 FR 12989, Mar. 18, 2010]


§ 63.11564 What are my notification, recordkeeping, and reporting requirements?

(a) You must submit the notifications specified in paragraphs (a)(1) through (a)(6) of this section.


(1) You must submit all of the notifications in §§ 63.5(b), 63.7(b); 63.8(e) and (f); 63.9(b) through (e); and 63.9(g) and (h) that apply to you by the dates specified in those sections.


(2) As specified in § 63.9(b)(2), if you have an existing affected source, you must submit an Initial Notification not later than 120 calendar days after December 2, 2009, or no later than 120 days after the source becomes subject to this subpart, whichever is later.


(3) As specified in § 63.9(b)(4) and (5), if you have a new affected source, you must submit an Initial Notification not later than 120 calendar days after you become subject to this subpart.


(4) You must submit a notification of intent to conduct a compliance test at least 60 calendar days before the compliance test is scheduled to begin, as required in § 63.7(b)(1).


(5) You must submit a Notification of Compliance Status according to § 63.9(h)(2)(ii). You must submit the Notification of Compliance Status, including the compliance test results, before the close of business on the 60th calendar day following the completion of the compliance test according to § 63.10(d)(2).


(6) If you are using data from a previously-conducted emission test to serve as documentation of compliance with the emission standards and operating limits of this subpart, you must submit the test data in lieu of the initial compliance test results with the Notification of Compliance Status required under paragraph (a)(5) of this section.


(b) You must submit a compliance report as specified in paragraphs (b)(1) through (b)(4) of this section.


(1) If you are using a control device to comply with the emission limits, the compliance report must identify the controlled units (e.g., blowing stills, saturators, coating mixers, coaters). If you are not using a control device to comply with the emission limits, the compliance report must identify the site-specific process operating parameters monitored to determine compliance with the emission limits.


(2) During periods for which there are no deviations from any emission limitations (emission limit or operating limit) that apply to you, the compliance report must contain the information specified in paragraphs (b)(2)(i) through (b)(2)(v) of this section.


(i) Company name and address.


(ii) 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.


(iii) Date of report and beginning and ending dates of the reporting period.


(iv) A statement that there were no deviations from the emission limitations during the reporting period.


(v) If there were no periods during which the CPMS was out-of-control as specified in § 63.8(c)(7), a statement that there were no periods during which the CPMS was out-of-control during the reporting period.


(3) For each deviation from an emission limitation (emission limit and operating limit), you must include the information in paragraphs (b)(3)(i) through (b)(3)(xii) of this section.


(i) The date and time that each deviation started and stopped.


(ii) The date and time that each CPMS was inoperative, except for zero (low-level) and high-level checks.


(iii) The date, time and duration that each CPMS was out-of-control, including the information in § 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.


(vii) A summary of the total duration of CPMS downtime during the reporting period and the total duration of CPMS downtime as a percent of the total source operating time during that reporting period.


(viii) An identification of each air pollutant that was monitored at the affected source.


(ix) A brief description of the process units.


(x) A brief description of the CPMS.


(xi) The date of the latest CPMS certification or audit.


(xii) A description of any changes in CPMS or controls since the last reporting period.


(4) Unless the Administrator has approved a different schedule for submission of reports under § 63.10(a), you must submit each report specified in paragraph (b) of this section according to the following dates:


(i) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in § 63.11560 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 § 63.11560.


(ii) 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 § 63.11560.


(iii) 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.


(iv) 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) You must maintain the records specified in paragraphs (c)(1) through (c)(10) 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 § 63.10(b)(2)(xiv).


(2) Copies of emission tests used to demonstrate compliance and performance evaluations as required in § 63.10(b)(2)(viii).


(3) Documentation that shows that the following conditions are true if you use a previously-conducted emission test to demonstrate initial compliance as specified in § 63.11562(a)(1)(ii), (b)(1)(ii), and (c)(1)(ii):


(i) The test was conducted within the last 5 years;


(ii) No changes have been made to the process since the time of the emission test;


(iii) The operating conditions and test methods used for the previous test conform to the requirements of this subpart; and


(iv) The data used to establish the value or range of values of the operating parameters, as specified in § 63.11562(a)(2)(ii), (b)(2)(ii), or (c)(2)(ii), were recorded during the emission test.


(4) Documentation that identifies the operating parameters and values specified in Table 4 of this subpart and that contains the data used to establish the parameter values as specified in § 63.11562(a)(2), (b)(2), (b)(3), or (c)(2).


(5) Copies of the written manufacturers performance specifications used to establish operating parameter values as specified in § 63.11562(b)(3)(iii).


(6) Documentation of the process knowledge and engineering calculations used to demonstrate initial compliance as specified in § 63.11562(e).


(7) Documentation of the process knowledge and engineering calculations used to establish the value or range of values of operating parameters as specified in § 63.11562(f).


(8) A copy of the site-specific monitoring plan required under § 63.11563(b) or (g).


(9) A copy of the approved alternative monitoring plan required under § 63.11563(h), if applicable.


(10) Records of the operating parameter values required in Table 4 of this subpart to show continuous compliance with each operating limit that applies to you.


[74 FR 63260, Dec. 2, 2009, as amended at 75 FR 12989, Mar. 18, 2010; 85 FR 73921, Nov. 19, 2020]


Other Requirements and Information

§ 63.11565 What general provisions sections apply to this subpart?

You must comply with the requirements of the General Provisions (40 CFR part 63, subpart A) according to Table 5 of this subpart.


§ 63.11566 What definitions apply to this subpart?

Asphalt coating equipment means the saturators, coating mixers, and coaters used to apply asphalt to substrate to manufacture roofing products (e.g., shingles, roll roofing).


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 processing operation means any operation 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 roofing manufacturing operation means the collection of equipment used to manufacture asphalt roofing products through a series of sequential process steps. The equipment configuration of an asphalt roofing manufacturing process varies depending upon the type of substrate used (i.e., organic or inorganic). For example, an asphalt roofing manufacturing line that uses organic substrate (e.g., felt) typically would consist of a saturator (and wet looper), coating mixer, and coater (although the saturator could be bypassed if the line manufacturers multiple types of products). An asphalt roofing manufacturing line that uses inorganic (fiberglass mat) substrate typically would consist of a coating mixer and coater.


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.


Built-up roofing operations means operations involved in the on-site (e.g., at a commercial building) assembly of roofing system components (e.g., asphalt, substrate, surface granules).


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.


Hot-mix asphalt operation means operations involved in mixing asphalt cement and aggregates to produce materials for paving roadways and hardstand (e.g., vehicle parking lots, prepared surfaces for materiel storage).


Particulate matter (PM) means, for the purposes of this subpart, includes any material determined gravimetrically using EPA Method 5A – Determination of Particulate Matter Emissions From the Asphalt Processing And Asphalt Roofing Industry (40 CFR part 60, appendix A-3).


Responsible official is defined in § 63.2.


Saturator means the equipment used to impregnate a substrate (predominantly organic felt) with asphalt. Saturators are predominantly used for the manufacture of rolled-roofing products (e.g., saturated felt). For the purposes of this subpart, the term saturator includes impregnation vat and wet looper.


Wet looper means the series of rollers typically following the saturator used to provide additional absorption time for asphalt to penetrate the roofing substrate.


§ 63.11567 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 §§ 63.11559, 63.11560, 63.11561, 63.11562, and 63.11563.


(2) Approval of major changes to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90.


(3) Approval of major changes to monitoring under § 63.8(f) and as defined in § 63.90.


(4) Approval of major changes to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90.


Table 1 to Subpart AAAAAAA of Part 63 – Emission Limits for Asphalt Processing (Refining) Operations

For * * *
You must meet the following emission limits * * *
1. Blowing stillsa. Limit PAH emissions to 0.003 lb/ton of asphalt charged to the blowing stills;

or

b. Limit PM emissions to 1.2 lb/ton of asphalt charged to the blowing stills.

Table 2 to Subpart AAAAAAA of Part 63 – Emission Limits for Asphalt Roofing Manufacturing (Coating) Operations

For * * *

1. Coater-only production linesa. Limit PAH emissions to 0.0002 lb/ton of asphalt roofing product manufactured; or
b. Limit PM emissions to 0.06 lb/ton of asphalt roofing product manufactured.
2. Saturator-only production linesa. Limit PAH emissions to 0.0007 lb/ton of asphalt roofing product manufactured; or
b. Limit PM emissions to 0.30 lb/ton of asphalt roofing product manufactured.
3. Combined saturator/coater production linesa. Limit PAH emissions to 0.0009 lb/ton of asphalt roofing product manufactured; or
b. Limit PM emissions to 0.36 lb/ton of asphalt roofing product manufactured.

Table 3 to Subpart AAAAAAA of Part 63 – Test Methods

For * * *
You must use * * *
1. Selecting the sampling locations
a and the number of traverse points
EPA test method 1 or 1A in appendix A to part 60.
2. Determining the velocity and volumetric flow rateEPA test method 2, 2A, 2C, 2D, 2F, or 2G, as appropriate, in appendix A to part 60.
3. Determining the gas molecular weight used for flow rate determinationEPA test method 3, 3A, 3B, as appropriate, in appendix A to part 60.
4. Measuring the moisture content of the stack gasEPA test method 4 in appendix A to part 60.
5. Measuring the PM emissionsEPA test method 5A in appendix A to part 60.
6. Measuring the PAH emissionsEPA test method 23.


a The sampling locations must be located at the outlet of the process equipment (or control device, if applicable), prior to any releases to the atmosphere.


b When using EPA Method 23, the toluene extraction step specified in section 3.1.2.1 of the method should be omitted.


[74 FR 63260, Dec. 2, 2009, as amended at 88 FR 16773, Mar. 20, 2023]


Table 4 to Subpart AAAAAAA of Part 63 – Operating Limits

If you comply with the emission limits using * * *
You must establish an operating value for * * *
And maintain
a * * *
1. A thermal oxidizerCombustion zone temperatureThe 3-hour average combustion zone temperature at or above the operating value established as specified in § 63.11562(a)(2) and (b)(2).
2. A high-efficiency air filter or fiber bed filtera. Inlet gas temperature
b, and

b. Pressure drop across device
b
The 3-hour average inlet gas temperature within the operating range established as specified in § 63.11562(a)(2) and (b)(3).

The 3-hour average pressure drop across the device within the approved operating range established as specified in § 63.11562(a)(2) and (b)(3).
3. An electrostatic precipitator (ESP)Voltage
c to the ESP
The 3-hour average ESP voltage
c at or above the approved operating value established as specified in § 63.11562(a)(2) and (b)(3).
4. Process modifications (i.e., a control device is not required)Appropriate process monitoring parameters.
d
The monitoring parameters within the operating values established as specified in § 63.11562(c)(2).


a The 3-hour averaging period applies at all times other than startup and shutdown, as defined in § 63.2. Within 24 hours of a startup event, or 24 hours prior to a shutdown event, you must normalize the emissions that occur during the startup or shutdown, when there is no production rate available to assess compliance with the lb/ton of product emission limits, with emissions that occur when the process is operational. The emissions that occur during the startup or shutdown event must be included with the process emissions when assessing compliance with the emission limits specified in Tables 1 and 2 of this subpart.


b As an alternative to monitoring the inlet gas temperature and pressure drop, you can use a leak detection system that identifies when the filter media has been comprised.


c As an alternative to monitoring the ESP voltage, you can monitor the ESP instrumentation (e.g. light, alarm) that indicates when the ESP must be cleaned and maintain a record of the instrumentation on an hourly basis. Failure to service the ESP within one hour of the indication is an exceedance of the applicable monitoring requirements specified in § 63.11563(a).


d If you are not using a control device to comply with the emission limits specified in Table 2 of this subpart, the process parameters and corresponding parameter values that you select to demonstrate continuous compliance must correlate to the process emissions.


Table 5 to Subpart AAAAAAA of Part 63 – Applicability of General Provisions to Subpart AAAAAAA

Citation
Subject
Applies to subpart AAAAAAA
§ 63.1ApplicabilityYes.
§ 63.2DefinitionsYes.
§ 63.3Units and AbbreviationsYes.
§ 63.4Prohibited ActivitiesYes.
§ 63.5Construction/ReconstructionYes.
§ 63.6(a)-(d)Compliance With Standards and Maintenance RequirementsYes.
§ 63.6(e)(1)(i)Operation and Maintenance RequirementsNo.
§ 63.6(e)(1)(ii)Operation and Maintenance RequirementsNo.
§ 63.6(e)(1)(iii)Operation and Maintenance RequirementsYes.
§ 63.6(e)(2)[Reserved]
§ 63.6(e)(3)Startup, Shutdown, and Malfunction PlanNo. Subpart AAAAAAA does not require startup, shutdown, and malfunction plans.
§ 63.6(f)(1)Compliance with Nonopacity Emission StandardsNo. The emission limits apply at all times.
§ 63.6(f)(2)-(3)Methods for Determining Compliance and Finding of ComplianceYes.
§ 63.6(h)Opacity/Visible Emission (VE) StandardsNo. Subpart AAAAAAA does not contain opacity or VE standards.
§ 63.6(i)Compliance ExtensionYes.
§ 63.6(j)Presidential Compliance ExemptionYes.
§ 63.7(a)-(d)Performance Testing RequirementsYes.
§ 63.7(e)(1)Performance Testing RequirementsNo. Subpart AAAAAAA specifies the conditions under which performance tests must be conducted.
§ 63.7(e)(2)-(4)Conduct of Performance Tests and Data ReductionYes.
§ 63.7(f)-(h)Use of Alternative Test Method; Data Analysis, Recordkeeping, and Reporting; and Waiver of Performance TestsYes.
§ 63.8(a)(1)Applicability of Monitoring RequirementsYes.
§ 63.8(a)(2)Performance SpecificationsNo. Subpart AAAAAAA does not allow CEMS.
§ 63.8(a)(3)[Reserved]
§ 63.8(a)(4)Monitoring with FlaresYes.
§ 63.8(b)(1)Conduct of MonitoringYes.
§ 63.8(b)(2)-(3)Multiple Effluents and Multiple Monitoring SystemsYes.
§ 63.8(c)(1)Monitoring System Operation and MaintenanceYes.
§ 63.8(c)(1)(i)CMS maintenanceYes.
§ 63.8(c)(1)(ii)Spare Parts for CMS MalfunctionYes.
§ 63.8(c)(1)(iii)Compliance with Operation and Maintenance RequirementsNo. Subpart AAAAAAA does not require startup, shutdown, and malfunction plans.
§ 63.8(c)(2)-(3)Monitoring System InstallationYes.
§ 63.8(c)(4)CMS RequirementsNo; § 63.11563 specifies the CMS requirements.
§ 63.8(c)(5)COMS Minimum ProceduresNo. Subpart AAAAAAA does not contain opacity or VE standards.
§ 63.8(c)(6)CMS RequirementsNo; § 63.11563 specifies the CMS requirements.
§ 63.8(c)(7)-(8)CMS RequirementsYes.
§ 63.8(d)CMS Quality ControlNo; § 63.11563 specifies the CMS requirements.
§ 63.8(e)-(f)CMS Performance EvaluationYes.
§ 63.8(g)(1)-(4)Data Reduction RequirementsYes.
§ 63.8(g)(5)Data to Exclude from AveragingNo. All monitoring data must be included when calculating averages.
§ 63.9Notification RequirementsYes.
§ 63.10(a)Recordkeeping and Reporting Requirements – ApplicabilityYes.
§ 63.10(b)(1)General Recordkeeping RequirementsYes.
§ 63.10(b)(2)(i)-(iii)General Recordkeeping RequirementsYes.
§ 63.10(b)(2)(iv)-(v)Records of Actions Taken During Startup, Shutdown, and Malfunction PlansNo. Subpart AAAAAAA does not require startup, shutdown, and malfunction plans.
§ 63.10(b)(2)(vi)-(xiv)General Recordkeeping RequirementsYes.
§ 63.10(c)(1)-(14)Additional Recordkeeping Requirements for Sources with Continuous Monitoring SystemsYes.
§ 63.10(c)(15)Additional Recordkeeping Requirements for Sources with Continuous Monitoring SystemsNo. Subpart AAAAAAA does not require startup, shutdown, and malfunction plans.
§ 63.10(d)(1)-(4)General Reporting RequirementsYes.
§ 63.10(d)(5)Periodic Startup, Shutdown, and Malfunction ReportsNo. Subpart AAAAAAA does not require startup, shutdown, and malfunction plans.
§ 63.10(e)Additional Reporting Requirements for Sources with Continuous Monitoring SystemsYes.
§ 63.10(f)Waiver of Recordkeeping or Reporting RequirementsYes.
§ 63.11Control Device and Work Practice RequirementsYes.
§ 63.12State Authority and DelegationsYes.
§ 63.13Addresses of State Air Pollution Control Agencies and EPA Regional OfficesYes.
§ 63.14Incorporations by ReferenceYes.
§ 63.15Availability of Information and ConfidentialityYes.
§ 63.16Performance Track ProvisionsNo.

Subpart BBBBBBB – National Emission Standards for Hazardous Air Pollutants for Area Sources: Chemical Preparations Industry


Source:74 FR 69208, Dec. 30, 2009, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11579 Am I subject to this subpart?

(a) You are subject to this subpart if you meet all of the following conditions:


(1) You own or operate a chemical preparations facility (as defined in § 63.11588, “What definitions apply to this subpart?”),


(2) The chemical preparations facility is a stationary area source of hazardous air pollutants (HAP) (as defined in § 63.2), and


(3) The chemical preparations facility has at least one chemical preparations operation in target HAP service (as defined in § 63.11588, “What definitions apply to this subpart?”).


(b) The affected source is all chemical preparations operations (as defined in § 63.11588, “What definitions apply to this subpart?”) located at a facility that meets the criteria specified in paragraph (a) of this section.


(1) An affected source is existing if you commenced construction, as defined in § 63.2, of the affected source before August 5, 2009.


(2) An affected source is new if you commenced construction or reconstruction, as defined in § 63.2, of the affected source on or after August 5, 2009.


(c) On and after December 30, 2009, if your chemical preparations operation becomes a major source, as defined in § 63.2, you must continue to meet the requirements of this subpart in addition to any maximum achievable control technology standards which may apply at that time.


(d) This subpart does not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air Act.


(e) You are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, provided you are not otherwise required by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a). Notwithstanding the previous sentence, you must continuously comply with the provisions of this subpart.


(f) You are exempt from the requirements specified in this subpart if the chemical preparations operations at your facility are subject to the requirements specified in subpart VVVVVV or subpart CCCCCCC of this part.


§ 63.11580 What are my compliance dates?

(a) If you own or operate an existing affected source, you must achieve compliance with the applicable provisions in this subpart no later than December 30, 2010.


(b) If you start up a new affected source on or before December 30, 2009, you must achieve compliance with this subpart no later than December 30, 2009.


(c) If you start up a new affected source after December 30, 2009, you must achieve compliance with this subpart upon startup of your affected source.


Standards and Compliance Requirements

§ 63.11581 What are my standards?

You must meet one of the requirements in paragraph (a) or (b) of this section that apply to you. These standards apply at all times.


(a) You must meet one of the emission standards in Table 1 of this subpart and the management practices in § 63.11584(a) through (c) of this subpart, or


(b) You must demonstrate that the particulate matter concentration of each of the process vent streams from equipment in target HAP service within a chemical preparation operation will not exceed 0.03 gr/dscf and meet the management practices in § 63.11584(d).


§ 63.11582 What are my compliance requirements?

(a) You must demonstrate initial compliance with the emission reduction or 0.03 gr/dscf particulate matter (PM) concentration requirements specified in Table 1 of this subpart as follows:


(1) Using the methods specified in Table 2 of this subpart, or


(2) For existing sources only, using the results of an emissions test conducted in the past 5 years, provided the test meets the following requirements.


(i) The test was conducted under conditions that represent normal operation.


(ii) The test was performed using the methods specified in Table 3 of this subpart.


(iii) The test was conducted with a minimum of three separate test runs, as specified in § 63.7(e)(3).


(b) If you choose to demonstrate compliance with the emission reduction or 0.03 gr/dscf PM concentration requirements in Table 1 of this subpart by conducting an emissions test, you must follow the requirements specified in paragraphs (b)(1) through (b)(4) of this section and include the results in your Notification of Compliance Status Report (NOCSR) in accordance with § 63.11585(b)(3).


(1) You must conduct the tests under conditions that represent normal operation.


(2) You must perform the test using the methods specified in Table 3 of this subpart.


(3) You must conduct a minimum of three separate test runs for each performance test required in this section, as specified in § 63.7(e)(3).


(4) You must use the following equation to demonstrate compliance with the emission reduction requirements specified in Table 1 of this subpart:


RE = [1 − (Ci − Co)/Ci]*100


Where:

RE = PM removal efficiency, percent.

Ci = Concentration of PM at inlet of control device, gr/dscf.

Co = Concentration of PM at outlet of control device, gr/dscf.

(c) If you choose to demonstrate compliance with the emission reduction or 0.03 gr/dscf PM concentration requirements specified in Table 1 of this subpart by providing control device manufacturer’s performance guarantee information, then you must include the following information in your NOCSR (in accordance with § 63.11585(b)(3)).


(1) Control device make, model, and installation date.


(2) Performance guarantee certificate provided by the control device manufacturer.


(3) If a filter is used to control PM, performance guarantee information for the fabric or fiber filters used in the control device.


(d) If you choose to demonstrate compliance with the emission reduction or 0.03 gr/dscf PM concentration requirements specified in Table 1 of this subpart by providing engineering calculations, then the calculations and supporting documentation must contain the items specified in paragraphs (d)(1) through (d)(5) of this section. These calculations and supporting documentation must be included in your NOCSR (in accordance with § 63.11585(b)(3)).


(1) Calculations and supporting documentation, such as delivery receipts, production logs and raw material safety data sheets that quantify the amount of raw materials used in the manufacture of chemical preparations (as defined in § 63.11588) in the prior calendar year.


(2) Calculations and supporting documentation, such as sales receipts, production logs and product material safety data sheets (MSDS) for chemical preparations (as defined in § 63.11588) products that quantify the amount of products produced by the chemical preparations operations in the prior calendar year.


(3) Calculations and supporting documentation of raw material losses to the atmosphere from the chemical preparations operations. This quantity (Qi in the equations in paragraph (5) of this section) is the amount of target HAP-containing PM in the uncontrolled air emissions from the chemical preparations operation, and does not include quantified and documented losses to solid or liquid waste streams, or material that is recycled back into the chemical preparations operation.


(4) Calculation and supporting documentation of quantities of target HAP-containing PM captured by the vent collection system and PM control device for the calendar year prior to the compliance date (Qo in the equations in paragraph (5) of this section).


(5) Use one of the following calculation methods to demonstrate compliance with the requirements specified in Table 1 of this subpart:


(i) For emission reduction, use the results of the calculations from paragraphs (d)(3) and (d)(4) of this section in the following equation:


RE = [1 − (Qi − Qo)/Qi]*100


Where:

RE = Annual average PM removal efficiency, percent.

Qi = Annual amount of PM in uncontrolled emissions, pounds per year.

Qo = Annual amount of PM captured by control device, pounds per year.

(ii) For the 0.03 gr/dscf PM concentration, use the results of calculations from paragraphs (d)(3) and (d)(4) of this section in the following equation:


PC = [Qi − Qo]*7000/DCFM*MPY


Where:

PC = Annual average PM concentration, grains per dry standard cubic foot (gr/dscf).

Qi = Annual amount of PM in uncontrolled emissions, pounds per year.

Qo = Annual amount of PM captured by control device, pounds per year. (Qo is equal to zero if the process vent stream is not routed to a control device.)

DCFM = Process vent stream flowrate, dscf per minute (dscfm).

MPY = Minutes per year equipment are in target HAP service.

(e) If you are certifying that the particulate matter concentration of each of the process vent streams from equipment in target HAP service within a chemical preparation operation will not exceed 0.03 gr/dscf, then you must:


(1) Include the following information in your NOCSR (in accordance with § 63.11585(b)(6)).


(i) A certification statement by the responsible official that certifies that the particulate matter concentration of each of the process vent streams from equipment in target HAP service within a chemical preparation operation will not exceed 0.03 gr/dscf. The statement shall contain that official’s name, title, and signature, certifying the truth, accuracy, and completeness of the certification statement.


(ii) Engineering calculations and supporting documentation containing:


(A) The annual raw material losses to the atmosphere from paragraph (d)(3) of this section; and


(B) The calculation of the PM concentration of process vent streams from equipment in target HAP service from paragraph (d)(5)(ii) of this section, using zero for the parameter Qo since there is no control device, given in gr/dscf.


(2) For each subsequent calendar quarter (i.e., three months), maintain the following records to ensure that your certification statement is valid on a continual basis:


(A) The quarterly raw material losses to the atmosphere from paragraph (d)(3) of this section; and


(B) The calculation of the PM concentration of process vent streams from equipment in target HAP service from paragraph (d)(5)(ii) of this section, but on a quarterly basis instead of an annual basis, given in gr/dscf. Use zero for the parameter Qo since there is no control device.


§ 63.11583 What are my monitoring requirements?

To demonstrate continuous compliance with the emissions standard in Table 1, you must use one of the monitoring methods described in paragraphs (a), (b) or (c) of this section while equipment within a chemical preparation operation are in target HAP service:


(a) Operate a bag leak detection system with alarm that will alert operators of a leak in the control device filter material. If a bag leak detection system with alarm is used to demonstrate compliance, then the following steps must be performed:


(1) You must install, calibrate, operate, and maintain each bag leak detection system and alarm according to manufacturer’s specifications, and as specified in paragraph (a)(2) of this section.


(2) The bag leak detection system and alarm must be maintained and operated in a manner consistent with good air pollution control practices at all times.


(b) Operate a control device parameter (such as pressure drop or water flow, as appropriate) monitor and alarm system that will alert operators that the control device is operating outside the upper or lower threshold or range established by the control device manufacturer that indicate proper operation of the control device to meet the emissions reduction or PM concentration requirements.


(1) You must install, calibrate, operate, and maintain each control device parameter monitor and alarm system according to manufacturer’s specifications, and as specified in paragraph (b)(2) of this section.


(2) The control device parameter monitor and alarm system must be maintained and operated in a manner consistent with good air pollution control practices at all times.


(c) Operate a continuous parameter monitoring system (CPMS) to monitor control device operation. If a CPMS is used to demonstrate compliance, then the following steps must be performed:


(1) Establish and maintain site-specific control device parameter values that indicate proper operation of the control device to meet the emissions reduction or PM concentration requirements.


(2) You must operate the continuous parameter monitoring system (CPMS) during all periods when the process equipment is in target HAP service and use all the data collected during these periods in assessing the operation of the process vent collection system and control device.


(d) You must install, calibrate, operate, and maintain each control device CPMS according to manufacturer’s specifications, and as specified in paragraphs (d)(1) through (d)(5) of this section.


(1) The CPMS must be maintained and operated in a manner consistent with good air pollution control practices at all times.


(2) The CPMS must complete a minimum of one cycle of operation for each successive 15-minute period.


(3) To determine the 24-hour rolling average for the monitored parameter(s), you must:


(i) Have data from at least three of four equally spaced data values for that hour from a CPMS, except as stated in paragraph (c)(2) of this section.


(ii) Determine each successive 24-hour rolling average from all recorded readings for each 24-hour period, except as stated in paragraph (c)(2) of this section.


(4) For averaging periods of monitoring data from production in target HAP service less than 24 hours, you must:


(i) Have valid data from at least three of four equally spaced data values for each hour from a CPMS that is not out-of-control according to your manufacturer’s recommendations.


(ii) Determine the average from all recorded readings for the production period, except as stated in § 63.11583(c)(2).


(5) You must record the results of each calibration and validation check of the CPMS.


(e) For each pressure measurement device, you must meet the requirements of paragraph (b) or (c) of this section, as applicable, 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 for plugging daily. Perform an accuracy check at least quarterly or following an operating parameter deviation:


(i) According to the manufacturer’s procedures; 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, if redundant sensors are not used.


(6) You must record the results of the plugging, accuracy and calibration checks specified in paragraphs (e)(3) through (e)(5) of this section in accordance with § 63.11585.


(f) For each monitoring system required in this section, you must develop and make available for inspection by the delegated authority, upon request, a site-specific monitoring plan that addresses the following:


(1) Selection and justification of the monitored parameter that indicates proper operation of the control device to meet the emissions limitation, if the parameter measured is something other than pressure drop.


(2) Installation of the bag leak detector, parameter monitoring device, or CPMS at a measurement location relative to each affected process unit such that the measurement is representative of control of PM emissions (e.g., on the last control device);


(3) Performance and equipment specifications for the parametric signal analyzer, alarm, and the data collection and reduction system, as appropriate; and


(4) Performance evaluation procedures and acceptance criteria according to the manufacturer (e.g., calibrations).


(5) Ongoing operation and maintenance procedures in accordance with the manufacturer’s recommendations or the general requirements of § 63.8(c)(1) and (c)(3);


(6) Ongoing data quality assurance procedures in accordance with the manufacturer’s recommendations; and


(7) Ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 63.10(c), (e)(1), and (e)(2)(i) and the requirements of § 63.11585.


(g) You must conduct a performance evaluation of each bag leak detection system, control device parameter monitor and alarm system, or CPMS in accordance with your site-specific monitoring plan.


(h) You must operate and maintain each bag leak detection system, control device parameter monitor and alarm system, or CPMS in continuous operation, and collect parametric data at all times that emissions are routed to the monitored control device.


§ 63.11584 What are my initial and continuous compliance management practice requirements?

(a) For each new and existing affected source, you must demonstrate initial compliance by conducting the inspection activities in paragraph (a)(1) of this section and demonstrate ongoing compliance by conducting the inspection activities in paragraph (a)(2) of this section.


(1) Initial vent collection system and particulate control device inspections. You must conduct an initial inspection of each vent collection system and particulate control device according to the requirements in paragraphs (a)(1)(i) through (iv) of this section. You must record the results of each inspection according to paragraph (b) of this section and perform corrective action where necessary. You must conduct each inspection no later than 180 days after your applicable compliance date for each control device which has been operated within 180 days following the compliance date. For a control device which has not been installed or operated within 180 days following the compliance date, you must conduct an initial inspection prior to startup of the control device.


(i) For each wet particulate control system, you must verify the presence of water flow to the control equipment. You must also visually inspect the vent collection system ductwork and control equipment for leaks (as defined in § 63.11588, “What definitions apply to this subpart?”) and inspect the interior of the control equipment (if applicable) for structural integrity and the condition of the control system.


(ii) For each dry particulate control system, you must visually inspect the vent collection system ductwork and dry particulate control unit for leaks (as defined in § 63.11588, “What definitions apply to this subpart?”). You must also inspect the inside of each dry particulate control unit for structural integrity and condition.


(iii) An initial inspection of the internal components of a wet or dry particulate control system is not required if there is a record that an inspection has been performed within the past 12 months and any maintenance actions have been resolved.


(iv) An initial inspection of ductwork that is unsafe or difficult to inspect is not required.


(2) Ongoing vent collection system and particulate control device inspections. Following the initial inspections, you must perform periodic inspections of each vent collection system and PM control device according to the requirements in paragraphs (a)(2)(i) or (ii) of this section. You must record the results of each inspection according to paragraph (b) of this section and perform corrective action where necessary.


(i) You must inspect and maintain each wet control system according to the requirements in paragraphs (a)(2)(i)(A) through (D) of this section.


(A) You must conduct a daily inspection to verify the presence of water flow to the wet particulate control system.


(B) You must conduct monthly visual inspections of the vent collection system ductwork and wet particulate control equipment for leaks (as defined in § 63.11588, “What definitions apply to this subpart?”).


(C) You must conduct inspections of the interior of the wet control system (if applicable) to determine the structural integrity and condition of the control equipment every 12 months.


(D) You are required to inspect ductwork that is unsafe or difficult to inspect only during periods when it is safe or physically possible to do so.


(ii) You must inspect and maintain each dry particulate control unit according to the requirements in paragraphs (a)(2)(ii)(A) through (C) of this section.


(A) You must conduct monthly visual inspections of the vent collection system ductwork for leaks (as defined in § 63.11588, “What definitions apply to this subpart?”).


(B) You must conduct inspections of the interior of the dry particulate control unit for structural integrity and to determine the condition of the fabric filter (if applicable) every 12 months.


(C) You are required to inspect ductwork that is unsafe or difficult to inspect only during periods when it is safe or physically possible to do so.


(b) You must record the information specified in paragraphs (b)(1) through (6) of this section for each inspection activity.


(1) The date, place, and time;


(2) Person conducting the activity;


(3) Method of inspection;


(4) Operating conditions during the activity;


(5) Results; and


(6) Description of any correction actions taken.


(c) At all times the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator 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.


(d) If you have provided certification that each process vent stream from equipment in target HAP service will not contain a PM concentration greater than 0.03 gr/dscf, the management practice requirements are as follows:


(1) You must conduct an initial visual inspection of the vent collection system ductwork for leaks (as defined in § 63.11588, “What definitions apply to this subpart?”).


(2) You must conduct monthly visual inspections of the vent collection system ductwork for leaks (as defined in § 63.11588, “What definitions apply to this subpart?”).


(3) You are required to inspect ductwork that is unsafe or difficult to inspect only during periods when it is safe or physically possible to do so.


(4) You must record the information specified in paragraphs (d)(4)(i) through (iv) of this section for each inspection.


(i) The date, place, and time;


(ii) Person conducting the activity;


(iii) Results; and


(iv) Description of any correction actions taken.


§ 63.11585 What are my notification, recordkeeping, and reporting requirements?

(a) What General Provision notification, recordkeeping and reporting requirements must I meet? You must meet the requirements of 40 CFR part 63 subpart A according to Table 6.


(b) What notifications must I submit and when?


(1) Initial Notification of Applicability. If you own or operate an existing affected source, you must submit an initial notification of applicability as required by § 63.9(b)(2) no later than April 29, 2010, or no later than 120 days after the source becomes subject to this subpart, whichever is later. If you own or operate a new affected source, you must submit an initial notification of applicability required by § 63.9(b)(2) no later than 120 days after initial start-up of operation, or no later than 120 days after the source becomes subject to this subpart, or April 29, 2010, whichever is later. The initial notification of applicability must include the information specified in §§ 63.9(b)(2)(i) through (iii).


(2) Notification of Intent to conduct a Performance Test. If you elect 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 § 63.7(b)(1).


(3) Notification of Compliance Status Report (NOCSR). You must submit a NOCSR according to § 63.9(h)(2)(ii). You must submit the NOCSR, including the performance test results, if applicable, before the close of business on the 60th calendar day following the applicable compliance date specified in § 63.11580 or completion of the performance test, whichever is sooner. The NOCSR must include the information in § 63.9(h)(2)(i)(A) through (G) necessary to demonstrate compliance with the emission standard as of the applicable compliance date.


(4) If you have an existing source and are using data from a previously conducted performance test to serve as documentation of compliance with the emission reduction or 0.03 gr/dscf PM concentration requirements of this subpart, you must submit the test data in lieu of the initial performance test results with the NOCSR required under paragraph (b)(3) of this section.


(5) You must provide the results of the initial management practices required by § 63.11584(a)(1) and (d)(1).


(6) If you are providing certification that the particulate matter concentration of each of the process vent streams from equipment in target HAP service within a chemical preparation operation will not exceed 0.03 gr/dscf, you must submit this certification in the NOCSR required in paragraph (b)(3) of this section. You must submit the certification statement, including the supporting calculations or performance test results, if applicable. The certification statement and supporting documentation must include the information in § 63.11582(e)(1) necessary to demonstrate compliance with the emission standard as of the compliance date.


(c) What reports must I submit and when?


(1) You must submit compliance reports as specified in Table 5 of this subpart that applies to you.


(2) Unless the Administrator has approved a different schedule for submission of reports under § 63.10(a), you must submit each compliance report specified in Table 5 of this subpart according to the following dates:


(i) If deviations occur, then:


(A) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in § 63.11580 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 § 63.11580 (i.e., December 31 for a source that is existing with a compliance date of December 30, 2010).


(B) 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 § 63.11580 (i.e., January 31 for a source that is existing with a compliance date of December 30, 2010).


(C) Each subsequent compliance report for a period in which deviations occur must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31.


(D) Each subsequent compliance report for a period in which deviations occur 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.


(ii) If no deviations occur, then:


(A) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in § 63.11580 and ending on December 31 following the end of the first calendar year after the compliance date that is specified for your source in § 63.11580.


(B) 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 § 63.11580.


(C) Each subsequent compliance report for a period in which deviations occur must cover the annual reporting period from January 1 through December 31.


(D) Each subsequent compliance report for a period in which no deviations occur must be postmarked or delivered no later than January 31 immediately following the previous calendar year.


(3) The compliance report must contain the following information:


(i) Company name and address.


(ii) 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.


(iii) Date of report and beginning and ending dates of the reporting period.


(iv) If there are no deviations from the emission reduction or 0.03 gr/dscf PM concentration requirements as specified in Table 1, a statement that there were no deviations from the emission reduction or 0.03 gr/dscf PM concentration requirements during the reporting period.


(v) If there were no periods during which the CPMS (if a CPMS is used to demonstrate compliance) was out-of-control as defined by the manufacturer’s recommendations, a statement that there were no periods during which the CPMS was out-of-control during the reporting period.


(vi) A description of any changes in monitoring systems or CPMS, processes (including changes that establish the basis for certification that the PM concentration from process vents will not exceed 0.03 gr/dscf or the addition of new processes), or controls since the last reporting period or for the first compliance report, since the notification of compliance status report.


(4) For each deviation, as applicable and as defined in § 63.11588, you must include the information in paragraphs (c)(3)(i) through (c)(3)(iii) of this section, and the information in paragraphs (c)(4)(i) through (4)(ix) of this section that apply to you.


(i) The date and time that each deviation started and stopped.


(ii) The date and time that each bag leak detector, parameter monitor, or CPMS was inoperative, except for zero (low-level) and high-level checks.


(iii) If a CPMS is used, the date, time and duration that each CPMS was out-of-control.


(iv) 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.


(v) A list of reasons for the deviations during the reporting period.


(vi) If a CPMS is used, a summary of the total duration of CPMS downtime during the reporting period and the total duration of CPMS downtime as a percent of the total source operating time during that reporting period.


(vii) A brief description of the process units.


(viii) A brief description of the bag leak detector, parameter monitor, or CPMS.


(ix) If a CPMS is used, the date of the latest CPMS certification or audit.


(5) If acceptable to both the Administrator and you, you may submit reports and notifications electronically.


(d) What records must I maintain?


(1) You must maintain the following records:


(i) A copy of each notification and report that you submitted to comply with this subpart, including all documentation supporting any Initial Notification of Applicability or NOCSR that you submitted, according to the requirements in § 63.10(b)(2)(xiv).


(ii) Records identifying periods when the chemical preparations operation is in target HAP service using:


(A) Production records showing the dates and times the chemical preparations operation is processing target HAP-containing materials; and


(B) Material safety data sheets (MSDS) of target HAP-containing materials being processed.


(iii) Records of performance tests and performance evaluations as required in § 63.10(b)(2)(viii).


(iv) Records of CPMS (if a CPMS is used to demonstrate compliance) calibration checks and adjustments and maintenance performed on CPMS as required by § 63.10(b)(2)(x) and (xi).


(v) Records of CPMS as required by § 63.10(c) and § 63.11583(d)(5).


(vi) Records of all inspections as required by § 63.11584(b) and pressure measurement device checks (if applicable) as required by § 63.11583(e)(6).


(vii) Records of the site-specific monitoring plan developed according to § 63.11583(f).


(viii) Records of particulate control device manufacturing specifications and recommendations.


(2) You must maintain the records specified in paragraph (d)(1) of this section in accordance with paragraphs (d)(2)(i) through (d)(2)(iii) of this section.


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


(ii) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each recorded action.


(iii) You must keep each record onsite for at least 2 years after the date of each recorded action according to § 63.10(b)(1). You may keep the records offsite for the remaining 3 years.


(3) If you are providing certification that the particulate matter concentration of each of the process vent streams from equipment in target HAP service within a chemical preparation operation will not exceed 0.03 gr/dscf, you must maintain the following records according to paragraphs (d)(2)(i) through (d)(2)(iii) of this section:


(i) Records of the initial certification statement and supporting documentation specified in paragraph (b)(6) of this section.


(ii) Records of ductwork inspections specified in § 63.11584(d)(4).


(iii) Records of the quarterly raw material losses to the atmosphere and process vent stream PM concentration calculations specified in § 63.11582(e)(2).


[74 FR 69208, Dec. 30, 2009, as amended at 85 FR 73921, Nov. 19, 2020]


Other Requirements and Information

§ 63.11586 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by 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 (the delegated authority), 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 has been 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 §§ 63.11579, 63.11580, 63.11581, 63.11582, 63.11583, and 63.11584.


(2) Approval of major changes to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90.


(3) Approval of major changes to monitoring under § 63.8(f) and as defined in § 63.90.


(4) Approval of major changes to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90.


§ 63.11587 What General Provisions sections apply to this subpart?

You must comply with the requirements of the General Provisions (40 CFR part 63, subpart A) according to Table 6 of this subpart.


§ 63.11588 What definitions apply to this subpart?

Chemical preparation means a target HAP-containing product, or intermediate used in the manufacture of other products, manufactured in a process operation described by the NAICS code 325998 if the operation manufactures target HAP-containing products or intermediates other than indelible ink, India ink, writing ink, and stamp pad ink. Indelible ink, India ink, writing ink, and stamp pad ink manufacturing operations are subject to regulation by the paints and allied products area source rule (40 CFR part 63, subpart CCCCCCC).


Chemical preparations facility means any facility-wide collection of chemical preparation operations.


Chemical preparations operation means the collection of mixing, blending, milling, and extruding equipment used to manufacture chemical preparations. A chemical preparation operation may include all, or only some, of the equipment listed above, depending on the chemical preparation being manufactured. Mixing and blending equipment may be used to process either wet or dry materials, or a combination of wet and dry materials. Milling equipment includes, but is not limited to, various types of rolling mills, rotary mills, and grinders. Extruding equipment, for the purposes of this subpart, includes direct and indirect extruders, spray driers, and prilling towers.


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 management practice established by this subpart;


(2) Fails to meet any term or condition that is adopted to implement a 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 limit.


In target HAP service means that equipment in the chemical preparation operation either contains, contacts, or is processing target HAP-containing materials.


Leak means a break in the integrity of the vent collection or control device system (i.e., in the duct work, piping, etc.) such that visual particulate emissions, liquids or residue form outside the vent collection system or control device.


Process vent stream means a gas stream from any equipment in target HAP service at the point where that gas stream is discharged from a vent collection system to the atmosphere, or inlet of a control device, if any.


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 one of the following:


(1) For a corporation: A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more chemical preparations facilities;


(2) For a partnership: A general partner;


(3) For a sole proprietorship: The owner; or


(4) For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranking official.


Target HAP means metal compounds for chromium, lead, manganese, and nickel.


Target HAP-containing means raw materials, intermediates, or products that contain one or more target HAP. Any material that contains compounds of chromium (VI), lead, or nickel in amounts greater than or equal to 0.1 percent by weight (as the metal), or manganese or chromium (III) compounds in amounts greater than or equal to 1.0 percent by weight (as the metal) is considered to be target HAP-containing. Target HAP content is shown in the formulation data provided by the manufacturer or supplier, such as the Material Safety Data Sheet for the material.


Unsafe or difficult to inspect means the equipment cannot be inspected without elevating the inspection personnel more than two meters above a support surface or it is not accessible at anytime in a safe manner.


Vent collection system means hoods, enclosures, ductwork and fans utilized to remove particulate emissions from chemical preparations operations work areas.


Table 1 to Subpart BBBBBBB of Part 63 – Emission Reduction and PM Concentration Requirements

For each * * *
You must * * *
Using * * *
1. Process Vent Stream from equipment in target HAP serviceRoute the process vent stream to a PM control device with:

a. A PM percent reduction efficiency of 95 percent (98 percent for new sources), or

b. An outlet concentration of 0.03 gr/dscf or less
Vent collection system and PM control device, such as a wet scrubber or fabric filter, that are maintained and operated per manufacturer’s recommendations.

Table 2 to Subpart BBBBBBB of Part 63 – Initial Compliance Demonstration Methods With the Emission Reduction and PM Concentration Requirements

If you are demonstrating compliance with the * * *
You must demonstrate initial compliance by one of the following methods * * *
1. Requirement to route all process vent streams from equipment in target HAP service to a PM control device with a PM percent reduction efficiency of 95 percent (98 percent for new sources) or an outlet concentration of 0.03 gr/dscf or less.a. Perform a PM emissions test using the methods listed in Table 3 to this subpart; or

b. Provide performance guarantee information from the control device manufacturer that certifies the device is capable of reducing PM concentrations by 95 percent (98 percent for new sources) or achieves an outlet concentration of 0.03 gr/dscf or less; or

c. Provide engineering calculations, such as mass balance and flow rate calculations, that demonstrate that the control device is capable of reducing PM concentration from the chemical preparations operation process vent streams by 95 percent (98 percent for new sources) or achieving an outlet concentration of 0.03 gr/dscf or less.
2. Certification that all process vent streams from equipment in target HAP service will not contain a PM concentration greater than 0.03 gr/dscfa. Perform a PM emissions test using the methods listed in Table 3 to this subpart; or

b. Provide engineering calculations, such as mass balance and flow rate calculations, that demonstrate that the PM concentration from the chemical preparations operation process vent streams will not be greater than 0.03 gr/dscf.

Table 3 to Subpart BBBBBBB of Part 63 – Test Methods

For * * *
You must use * * *
1. Selecting the sampling locations
a and the number of traverse points
EPA test method 1 or 1A in appendix A to part 60.
2. Determining the velocity and volumetric flow rateEPA test method 2, 2A, 2C, 2D, 2F, or 2G, as appropriate, in appendix A to part 60.
3. Determining the gas molecular weight used for flow rate determinationEPA test method 3, 3A, 3B, as appropriate, in appendix A to part 60.
4. Measuring the moisture content of the stack gasEPA test method 4 in appendix A to part 60.
5. Measuring the PM emissionsEPA test method 5 in appendix A to part 60.


a The sampling locations must be located at the outlet of the process equipment (or control device, if applicable), prior to any releases to the atmosphere.


Table 4 to Subpart BBBBBBB of Part 63 – Continuous Compliance Demonstration Methods With the Emission Reduction and PM Concentration Requirements

If you are demonstrating compliance with the * * *
You must demonstrate continuous compliance by * * *
1. Requirement to route all process vent streams from equipment in target HAP service to a PM control device with a PM percent reduction efficiency of 95 percent (98 percent for new sources) or an outlet concentration of 0.03 gr/dscf or lessUsing one of the following monitoring methods:

a. A bag leak detector and alarm system, that notifies operators when a leak in the filter media is detected.

b. A control device parameter monitor and alarm system, that notifies operators when the control device is operating outside of the upper or lower thresholds established by the control device manufacturer. Monitored parameters may include electricity supply to vent collection system fans, pressure drop across the control device, or scrubber liquor flow to the control device, as appropriate to the particulate matter control device being used.

c. A CPMS, and maintaining records of data verifying that the vent collection system and control device were operated within the range of parameters established to comply with the emission reduction or 0.03 gr/dscf PM concentration requirements (i.e., according to manufacturer’s recommendations or at the conditions used during the most recent performance test) while the chemical preparations operation was in target HAP service. The control device monitoring data are averaged over a 24-hour period or an overall average per batch, whichever is less, while the chemical preparations operation is in target HAP service. Monitored parameters may include electricity supply to vent collection system fans, pressure drop across the control device, or scrubber liquor flow to the control device, as appropriate to the particulate matter control device being used.
2. Certification that all process vent streams from equipment in target HAP service will not contain a PM concentration greater than 0.03 gr/dscfa. Conducting monthly visual inspections of the vent collection system ductwork for leaks.

Table 5 to Subpart BBBBBBB of Part 63 – Reporting Requirements

If you are demonstrating compliance with the * * *
You must submit a compliance report as follows * * *
1. Requirement to route all process vent streams from equipment in target HAP service to a PM control device with a PM percent reduction efficiency of 95 percent (98 percent for new sources) or an outlet concentration of 0.03 gr/dscf or lessa. An initial notice of compliance status report (NOCSR) as specified in § 63.11585(b)(3), and then as follows in (b) or (c) as applicable to you:

b. If there were no deviations during the reporting period, you must submit an annual report containing:

1. A statement that there were no deviations from the requirement to route all process vent streams from equipment in target HAP service to a PM control device that achieves a PM percent reduction efficiency of 95 percent (98 percent for new sources) or an outlet concentration of 0.03 gr/dscf or less during the reporting period.

2. If there were no periods during which the process vent collection system and control device was not operating normally (i.e., according to manufacturer’s recommendations or at the conditions used during the most recent performance test), a statement that the vent collection system and control device were operated normally at all times during the reporting period.

c. If you have a deviation from the requirement to route all process vent streams from equipment in target HAP service to a PM control device that achieves a PM percent reduction efficiency of 95 percent (98 percent for new sources) or to an outlet concentration of 0.03 gr/dscf or less, or periods where the vent collection system or control device were not operated normally, then you must submit a semi-annual report for that reporting period. The report must contain the information specified in § 63.11585(c).
2. Certification that all process vent streams from equipment in target HAP service will not contain a PM concentration greater than 0.03 gr/dscfa. An initial NOCSR as specified in § 63.11585(b)(3) that contains the following items:

1. A statement certifying that all process vent streams from equipment in target HAP service will not contain a PM concentration greater than 0.03 gr/dscf. The statement shall contain that official’s name, title, and signature, certifying the truth, accuracy, and completeness of the certification statement.

2. Test results or engineering calculations that demonstrate process vent streams covered by the certification will not contain a PM concentration greater than 0.03 gr/dscf.

Table 6 to Subpart BBBBBBB of Part 63 – General Provisions

Citation
Subject
Applies to subpart BBBBBBB
§ 63.1ApplicabilityYes.
§ 63.2DefinitionsYes.
§ 63.3Units and AbbreviationsYes.
§ 63.4Prohibited ActivitiesYes.
§ 63.5Construction/ReconstructionYes.
§ 63.6(a)-(d)Compliance with Standards and Maintenance RequirementsYes.
§ 63.6(e)(1)(i)-(ii)Operation and Maintenance RequirementsNo.
§ 63.6(e)(1)(iii)Operation and Maintenance RequirementsYes.
§ 63.6(e)(2)[Reserved]
§ 63.6(e)(3)Startup, Shutdown, and Malfunction PlanNo. Subpart BBBBBBB does not require startup, shutdown, and malfunction plans.
§ 63.6(f)(1)Compliance with Non-Opacity Emissions Standards – ApplicabilityNo. The emission limits apply at all times.
§ 63.6(f)(2)-(3)Methods for Determining Compliance and Finding of ComplianceYes.
§ 63.6(g)Use of an Alternative Non-Opacity Emission StandardYes.
§ 63.6(h)Opacity/Visible Emission (VE) StandardsNo. Subpart BBBBBBB does not contain opacity or VE standards.
§ 63.6(i)Compliance ExtensionYes.
§ 63.6(j)Presidential Compliance ExemptionYes.
§ 63.7(a)-(d)Performance Testing RequirementsYes.
§ 63.7(e)(1)Performance Testing RequirementsNo. Subpart BBBBBBB specifies the conditions under which performance tests must be conducted.
§ 63.7(e)(2)-(4)Conduct of Performance Tests and Data ReductionYes.
§ 63.7(f)-(h)Use of Alternative Test Method; Data Analysis, Recordkeeping, and Reporting; and Waiver of Performance TestsYes.
§ 63.8(a)(1)Applicability of Monitoring RequirementsYes.
§ 63.8(a)(2)Performance SpecificationsNo. Subpart BBBBBBB does not require CEMS to demonstrate compliance.
§ 63.8(a)(3)[Reserved]
§ 63.8(a)(4)Monitoring with FlaresNo.
§ 63.8(b)(1)MonitoringYes.
§ 63.8(b)(2)-(3)Multiple Effluents and Multiple Monitoring SystemsYes.
§ 63.8(c)(1)Monitoring System Operation and MaintenanceYes.
§ 63.8(c)(1)(i)CMS maintenanceYes.
§ 63.8(c)(1)(ii)Spare Parts for CMS MalfunctionYes.
§ 63.8(c)(1)(iii)Compliance with Operation and Maintenance RequirementsNo. Subpart BBBBBBB does not require startup, shutdown, and malfunction plans.
§ 63.8(c)(2)-(3)Monitoring System InstallationYes.
§ 63.8(c)(4)CMS RequirementsNo. Subpart BBBBBBB does not require CEMS to demonstrate compliance.
§ 63.8(c)(5)COMS Minimum ProceduresNo. Subpart BBBBBBB does not contain opacity or VE standards.
§ 63.8(c)(6)CMS RequirementsYes, for CPMS provisions only. Subpart BBBBBBB does not require CEMS to demonstrate compliance.
§ 63.8(c)(7)-(8)CMS RequirementsNo. Subpart BBBBBBB does not require CEMS to demonstrate compliance.
§ 63.8(d)CMS Quality ControlNo. Subpart BBBBBBB does not require CEMS to demonstrate compliance.
§ 63.8(e)-(g)CMS Performance EvaluationNo. Subpart BBBBBBB does not require CEMS to demonstrate compliance.
§ 63.9Notification RequirementsYes. Except Initial Notification shall be submitted in accordance with the schedule in § 63.11585.
§ 63.10(a),(b)(1), (b)(2)(viii)-(xi),(c), (e)(1), (e)(2)(i), (f)Recordkeeping and Reporting RequirementsYes.
§ 63.11Control Device and Work Practice RequirementsYes.
§ 63.12State Authority and DelegationsYes.
§ 63.13Addresses of State Air Pollution Control Agencies and EPA Regional OfficesYes.
§ 63.14Incorporations by ReferenceYes.
§ 63.15Availability of Information and ConfidentialityYes.
§ 63.16Performance Track ProvisionsNo.

Subpart CCCCCCC – National Emission Standards for Hazardous Air Pollutants for Area Sources: Paints and Allied Products Manufacturing


Source:74 FR 63525, Dec. 3, 2009, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11599 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a facility that performs paints and allied products manufacturing that is an area source of hazardous air pollutant (HAP) emissions and processes, uses, or generates materials containing HAP, as defined in § 63.11607.


(b) The affected source consists of all paints and allied products manufacturing processes that process, use, or generate materials containing HAP at the facility.


(1) An affected source is existing if you commenced construction or reconstruction before June 1, 2009.


(2) An affected source is new if you commenced construction or reconstruction of the affected source on or after June 1, 2009.


(3) A facility becomes an affected source when you commence processing, using, or generating materials containing HAP, as defined in § 63.11607.


(c) You are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, provided you are not otherwise required by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a). Whether you have a title V permit or not, you must continue to comply with the provisions of this subpart.


(d) An affected source is no longer subject to this subpart if the facility no longer processes, uses, or generates materials containing HAP and does not plan to process, use or generate materials containing HAP in the future.


(e) The standards of this subpart do not apply to research and development facilities, as defined in section 112(c)(7) of the CAA.


[74 FR 63525, Dec. 3, 2009, as amended at 75 FR 10186, Mar. 5, 2010]


§ 63.11600 What are my compliance dates?

(a) If you own or operate an existing affected source, you must achieve compliance with the applicable provisions in this subpart by December 3, 2012.


(b) If you own or operate a new affected source, you must achieve compliance with the applicable provisions of this subpart by December 3, 2009, or upon startup of your affected source, whichever is later.


(c) If you own or operate a facility that becomes an affected source in accordance with § 63.11599(b)(3) after the applicable compliance date in paragraphs (a) or (b) of this section, you must achieve compliance with the applicable provisions of this subpart by the date that you commence processing, using, or generating materials containing HAP, as defined in § 63.11607.


Standards, Monitoring, and Compliance Requirements

§ 63.11601 What are the standards for new and existing paints and allied products manufacturing facilities?

(a) For each new and existing affected source, you must comply with the requirements in paragraphs (a)(1) through (5) of this section. These requirements apply at all times.


(1) You must add the dry pigments and solids that contain compounds of cadmium, chromium, lead, or nickel and operate a capture system that minimizes fugitive particulate emissions during the addition of dry pigments and solids that contain compounds of cadmium, chromium, lead, or nickel to a process vessel or to the grinding and milling process.


(2) You must capture particulate emissions and route them to a particulate control device meeting the requirements of paragraph (a)(6) of this section during the addition of dry pigments and solids that contain compounds of cadmium, chromium, lead, or nickel to a process vessel. This requirement does not apply to pigments and other solids that are in paste, slurry, or liquid form.


(3) You must:


(i) Capture particulate emissions and route them to a particulate control device meeting the requirements of paragraph (a)(6) of this section during the addition of dry pigments and solids that contain compounds of cadmium, chromium, lead, or nickel to the grinding and milling process; or


(ii) Add pigments and other solids that contain compounds of cadmium, chromium, lead, or nickel to the grinding and milling process only in paste, slurry, or liquid form.


(4) You must:


(i) Capture particulate emissions and route them to a particulate control device meeting the requirements of paragraph (a)(5) of this section during the grinding and milling of materials containing compounds of cadmium, chromium, lead, or nickel; or


(ii) Fully enclose the grinding and milling equipment during the grinding and milling of materials containing compounds of cadmium, chromium, lead, or nickel; or


(iii) Ensure that the pigments and solids are in the solution during the grinding and milling of materials containing compounds of cadmium, chromium, lead, or nickel.


(5) The visible emissions from the particulate control device exhaust must not exceed 10-percent opacity for particulate control devices that vent to the atmosphere. This requirement does not apply to particulate control devices that do not vent to the atmosphere.


(6) [Reserved]


(b) For each new and existing affected source, you must comply with the requirements in paragraphs (b)(1) through (5) of this section.


(1) Process and storage vessels that store or process materials containing benzene or methylene chloride, except for process vessels which are mixing vessels, must be equipped with covers or lids meeting the requirements of paragraphs (b)(1)(i) through (iii) of this section.


(i) The covers or lids can be of solid or flexible construction, provided they do not warp or move around during the manufacturing process.


(ii) The covers or lids must maintain contact along at least 90-percent of the vessel rim. The 90-percent contact requirement is calculated by subtracting the length of any visible gaps from the circumference of the process vessel, and dividing this number by the circumference of the process vessel. The resulting ratio must not exceed 90-percent.


(iii) The covers or lids must be maintained in good condition.


(2) Mixing vessels that store or process materials containing benzene or methylene chloride must be equipped with covers that completely cover the vessel, except as necessary to allow for safe clearance of the mixer shaft.


(3) All vessels that store or process materials containing benzene or methylene chloride must be kept covered at all times, except for quality control testing and product sampling, addition of materials, material removal, or when the vessel is empty. The vessel is empty if:


(i) All materials containing benzene or methylene chloride have been removed that can be removed using the practices commonly employed to remove materials from that type of vessel, e.g., pouring, pumping, and aspirating; and


(ii) No more than 2.5 centimeters (one inch) depth of residue remains on the bottom of the vessel, or no more than 3 percent by weight of the total capacity of the vessel remains in the vessel.


(4) Leaks and spills of materials containing benzene or methylene chloride must be minimized and cleaned up as soon as practical, but no longer than 1 hour from the time of detection.


(5) Rags or other materials that use a solvent containing benzene or methylene chloride for cleaning must be kept in a closed container. The closed container may contain a device that allows pressure relief, but does not allow liquid solvent to drain from the container.


[74 FR 63525, Dec. 3, 2009, as amended at 75 FR 10186, Mar. 5, 2010]


§ 63.11602 What are the performance test and compliance requirements for new and existing sources?

(a) For each new and existing affected source, you must demonstrate initial compliance by conducting the inspection and monitoring activities in paragraph (a)(1) of this section and ongoing compliance by conducting the inspection and testing activities in paragraph (a)(2) of this section.


(1) Initial particulate control device inspections and tests. You must conduct an initial inspection of each particulate control device according to the requirements in paragraphs (a)(1)(i) through (iii) of this section and perform a visible emissions test according to the requirements of paragraph (a)(1)(iv) of this section. You must record the results of each inspection and test according to paragraph (b) of this section and perform corrective action where necessary.You must conduct each inspection no later than 180 days after your applicable compliance date for each control device which has been operated within 60 days following the compliance date. For a control device which has not been installed or operated within 60 days following the compliance date, you must conduct an initial inspection prior to startup of the control device.


(i) For each wet particulate control system, you must verify the presence of water flow to the control equipment. You must also visually inspect the system ductwork and control equipment for leaks and inspect the interior of the control equipment (if applicable) for structural integrity and the condition of the control system.


(ii) For each dry particulate control system, you must visually inspect the system ductwork and dry particulate control unit for leaks. You must also inspect the inside of each dry particulate control unit for structural integrity and condition.


(iii) An initial inspection of the internal components of a wet or dry particulate control system is not required if there is a record that an inspection meeting the requirements of this subsection has been performed within the past 12 months and any maintenance actions have been resolved.


(iv) For each particulate control device, you must conduct a visible emission test consisting of three 1-minute test runs using Method 203C (40 CFR part 51, appendix M). The visible emission test runs must be performed during the addition of dry pigments and solids containing compounds of cadmium, chromium, lead, or nickel to a process vessel or to the grinding and milling equipment. If the average test results of the visible emissions test runs indicate an opacity greater than the applicable limitation in § 63.11601(a), you must take corrective action and retest within 15 days.


(2) Ongoing particulate control device inspections and tests. Following the initial inspections, you must perform periodic inspections of each PM control device according to the requirements in paragraphs (a)(2)(i) or (ii) of this section. You must record the results of each inspection according to paragraph (b) of this section and perform corrective action where necessary. You must also conduct tests according to the requirements in paragraph (a)(2)(iii) of this section and record the results according to paragraph (b) of this section.


(i) You must inspect and maintain each wet particulate control system according to the requirements in paragraphs (a)(2)(i)(A) through (C) of this section.


(A) You must conduct a daily inspection to verify the presence of water flow to the wet particulate control system.


(B) You must conduct weekly visual inspections of any flexible ductwork for leaks.


(C) You must conduct inspections of the rigid, stationary ductwork for leaks, and the interior of the wet control system (if applicable) to determine the structural integrity and condition of the control equipment every 12 months.


(ii) You must inspect and maintain each dry particulate control unit according to the requirements in paragraphs (a)(2)(ii)(A) and (B) of this section.


(A) You must conduct weekly visual inspections of any flexible ductwork for leaks.


(B) You must conduct inspections of the rigid, stationary ductwork for leaks, and the interior of the dry particulate control unit for structural integrity and to determine the condition of the fabric filter (if applicable) every 12 months.


(iii) For each particulate control device, you must conduct a 5-minute visual determination of emissions from the particulate control device every 3 months using Method 22 (40 CFR part 60, appendix A-7). The visible emission test must be performed during the addition of dry pigments and solids containing compounds of cadmium, chromium, lead, or nickel to a process vessel or to the grinding and milling equipment. If visible emissions are observed for two minutes of the required 5-minute observation period, you must conduct a Method 203C (40 CFR part 51, appendix M) test within 15 days of the time when visible emissions were observed. The Method 203C test will consist of three 1-minute test runs and must be performed during the addition of dry pigments and solids containing compounds of cadmium, chromium, lead, or nickel HAP to a process vessel or to the grinding and milling equipment. If the Method 203C test runs indicates an opacity greater than the limitation in § 63.11601(a)(5), you must comply with the requirements in paragraphs (a)(2)(iii)(A) through (C) of this section.


(A) You must take corrective action and retest using Method 203C within 15 days. The Method 203C test will consist of three 1-minute test runs and must be performed during the addition of dry pigments and solids containing compounds of cadmium, chromium, lead, or nickel to a process vessel or to the grinding and milling equipment. You must continue to take corrective action and retest each 15 days until a Method 203C test indicates an opacity equal to or less than the limitation in § 63.11601(a)(5).


(B) You must prepare a deviation report in accordance with § 63.11603(b)(3) for each instance in which the Method 203C opacity results were greater than the limitation in § 63.11601(a)(5).


(C) You must resume the visible determinations of emissions from the particulate control device in accordance with paragraph (a)(2)(iii) of this section 3 months after the previous visible determination.


(b) You must record the information specified in paragraphs (b)(1) through (6) of this section for each inspection and testing activity.


(1) The date, place, and time;


(2) Person conducting the activity;


(3) Technique or method used;


(4) Operating conditions during the activity;


(5) Results; and


(6) Description of correction actions taken.


[74 FR 63525, Dec. 3, 2009, as amended at 75 FR 10186, Mar. 5, 2010]


§ 63.11603 What are the notification, reporting, and recordkeeping requirements?

(a) Notifications. You must submit the notifications identified in paragraphs (a)(1) and (2) of this section.


(1) Initial Notification of Applicability. If you own or operate an existing affected source, you must submit an initial notification of applicability required by § 63.9(b)(2) no later than June 1, 2010, or no later than 120 days after the source becomes subject to this subpart, whichever is later. If you own or operate a new affected source, you must submit an initial notification of applicability required by § 63.9(b)(2) no later than 180 days after initial start-up of the operations, or no later than 120 days after the source becomes subject to this subpart, or June 1, 2010, whichever is later. The notification of applicability must include the information specified in paragraphs (a)(1)(i) through (iii) of this section.


(i) The name and address of the owner or operator;


(ii) The address (i.e., physical location) of the affected source; and


(iii) An identification of the relevant standard, or other requirement, that is the basis of the notification and the source’s compliance date.


(2) Notification of Compliance Status. If you own or operate an existing affected source, you must submit a Notification of Compliance Status in accordance with § 63.9(h) of the General Provisions by June 3, 2013. If you own or operate a new affected source, you must submit a Notification of Compliance Status within 180 days after initial start-up, or by June 1, 2010, whichever is later. If you own or operate an affected source that becomes an affected source in accordance with § 63.11599(b)(3) after the applicable compliance date in § 63.11600 (a) or (b), you must submit a Notification of Compliance Status within 180 days of the date that you commence processing, using, or generating materials containing HAP, as defined in 63.11607. This Notification of Compliance Status must include the information specified in paragraphs (a)(2)(i) and (ii) of this section.


(i) Your company’s name and address;


(ii) A statement by a responsible official with that official’s name, title, phone number, e-mail address and signature, certifying the truth, accuracy, and completeness of the notification, a description of the method of compliance (i.e., compliance with management practices, installation of a wet or dry scrubber) and a statement of whether the source has complied with all the relevant standards and other requirements of this subpart.


(b) Annual Compliance Certification Report. You must prepare an annual compliance certification report according to the requirements in paragraphs (b)(1) through (b)(3) of this section. This report does not need to be submitted unless a deviation from the requirements of this subpart has occurred. When a deviation from the requirements of this subpart has occurred, the annual compliance certification report must be submitted along with the deviation report.


(1) Dates. You must prepare and, if applicable, submit each annual compliance certification report according to the dates specified in paragraphs (b)(1)(i) through (iii) of this section.


(i) The first annual compliance certification report must cover the first annual reporting period which begins the day of the compliance date and ends on December 31.


(ii) Each subsequent annual compliance certification report must cover the annual reporting period from January 1 through December 31.


(iii) Each annual compliance certification report must be prepared no later than January 31 and kept in a readily-accessible location for inspector review. If a deviation has occurred during the year, each annual compliance certification report must be submitted along with the deviation report, and postmarked no later than February 15.


(2) General Requirements. The annual compliance certification report must contain the information specified in paragraphs (b)(2)(i) through (iii) of this section.


(i) Company name and address;


(ii) A statement in accordance with § 63.9(h) of the General Provisions that is signed by a responsible official with that official’s name, title, phone number, e-mail address and signature, certifying the truth, accuracy, and completeness of the notification and a statement of whether the source has complied with all the relevant standards and other requirements of this subpart; and


(iii) Date of report and beginning and ending dates of the reporting period. The reporting period is the 12-month period beginning on January 1 and ending on December 31.


(3) Deviation Report. If a deviation has occurred during the reporting period, you must include a description of deviations from the applicable requirements, the time periods during which the deviations occurred, and the corrective actions taken. This deviation report must be submitted along with your annual compliance certification report, as required by paragraph (b)(1)(iii) of this section.


(c) Records. You must maintain the records specified I paragraphs (c)(1) through (4) of this section in accordance with paragraphs (c)(5) through (6) of this section, for five years after the date of each recorded action.


(1) As required in § 63.10(b)(2)(xiv), you must keep a copy of each notification that you submitted in accordance with paragraph (a) of this section, and all documentation supporting any Notification of Applicability and Notification of Compliance Status that you submitted.


(2) You must keep a copy of each Annual Compliance Certification Report prepared in accordance with paragraph (b) of this section.


(3) You must keep records of all inspections and tests as required by § 63.11602(b).


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


(5) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each recorded action.


(6) You must keep each record onsite for at least 2 years after the date of each recorded action according to § 63.10(b)(1). You may keep the records offsite for the remaining 3 years.


(d) If you no longer process, use, or generate materials containing HAP after December 3, 2009, you must submit a Notification in accordance with § 63.11599(d), which must include the information specified in paragraphs (e)(1) and (2) of this section.


(1) Your company’s name and address;


(2) A statement by a responsible official indicating that the facility no longer processes, uses, or generates materials containing HAP, as defined in § 63.11607, and that there are no plans to process, use or generate such materials in the future. This statement should also include the date by which the company ceased using materials containing HAP, as defined in 63.11607, and the responsible official’s name, title, phone number, e-mail address and signature.


[74 FR 63525, Dec. 3, 2009, as amended at 75 FR 10186, Mar. 5, 2010; 85 FR 73921, Nov. 19, 2020]


§ 63.11604 [Reserved]

Other Requirements and Information

§ 63.11605 What General Provisions apply to this subpart?

Table 1 of this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you.


§ 63.11606 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority such as a state, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or tribal agency pursuant to 40 CFR part 63, subpart E, 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 paragraphs (b)(1) through (4) of this section are retained by the Administrator of the U.S. EPA and are not transferred to the State, local, or tribal agency.


(1) Approval of an alternative nonopacity emissions standard under § 63.6(g).


(2) Approval of a major change to test methods under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in § 63.90


(3) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” is defined in § 63.90.


(4) Approval of a major change to recordkeeping/reporting under § 63.10(f). A “major change to recordkeeping/reporting” is defined in § 63.90. As required in § 63.11432, you must comply with the requirements of the NESHAP General Provisions (40 CFR part 63, subpart A) as shown in the following table.


§ 63.11607 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, § 63.2, and in this section as follows:


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 § 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 management practices established by this subpart;


(2) Fails to meet any term or condition that is adopted to implement a 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 or management practice in this subpart.


Dry particulate control system means an air pollution control device that uses filtration, impaction, or electrical forces to remove particulate matter in the exhaust stream.


Fabric filter means an air collection and control system that utilizes a bag filter to reduce the emissions of metal HAP and other particulate matter.


Material containing HAP means a material containing benzene, methylene chloride, or compounds of cadmium, chromium, lead, and/or nickel, in amounts greater than or equal to 0.1 percent by weight for carcinogens, as defined by the Occupational Safety and Health Administration at 29 CFR 1910.1200(d)(4), or 1.0 percent by weight for non-carcinogens, as shown in formulation data provided by the manufacturer or supplier, such as the Material Safety Data Sheet for the material. Benzene and methylene chloride are volatile HAP. Compounds of cadmium, chromium, lead and/or nickel are metal HAP.


Paints and allied products means materials such as paints, inks, adhesives, stains, varnishes, shellacs, putties, sealers, caulks, and other coatings from raw materials that are intended to be applied to a substrate and consists of a mixture of resins, pigments, solvents, and/or other additives.


Paints and allied products manufacturing means the production of paints and allied products, the intended use of which is to leave a dried film of solid material on a substrate. Typically, the manufacturing processes that produce these materials are described by Standard Industry Classification (SIC) codes 285 or 289 and North American Industry Classification System (NAICS) codes 3255 and 3259 and are produced by physical means, such as blending and mixing, as opposed to chemical synthesis means, such as reactions and distillation. Paints and allied products manufacturing does not include:


(1) The manufacture of products that do not leave a dried film of solid material on the substrate, such as thinners, paint removers, brush cleaners, and mold release agents;


(2) The manufacture of electroplated and electroless metal films;


(3) The manufacture of raw materials, such as resins, pigments, and solvents used in the production of paints and coatings; and


(4) Activities by end users of paints or allied products to ready those materials for application.


Paints and allied products manufacturing process means all the equipment which collectively function to produce a paint or allied product. A process may consist of one or more unit operations. For the purposes of this subpart, the manufacturing process includes any, all, or a combination of, weighing, blending, mixing, grinding, tinting, dilution or other formulation. Cleaning operations, material storage and transfer, and piping are considered part of the manufacturing process. This definition does not cover activities by end users of paints or allied products to ready those materials for application. Quality assurance and quality control laboratories are not considered part of a paints and allied products manufacturing process. Research and development facilities, as defined in section 112(c)(7) of the CAA are not considered part of a paints and allied products manufacturing process.


Particulate matter control device means any equipment, device, or other article that is designed and/or installed for the purpose of reducing or preventing the discharge of metal HAP emissions to the atmosphere.


Process vessel means any stationary or portable tank or other vessel of any capacity and in which mixing, blending, diluting, dissolving, temporary holding, and other processing steps occur in the manufacturing of a coating.


Responsible official means one of the following:


(1) For a corporation: A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities and either:


(i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or


(ii) The delegation of authority to such representative is approved in advance by the Administrator.


(2) For a partnership or sole proprietorship: A general partner or the proprietor, respectively.


(3) For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of the EPA).


(4) For affected sources (as defined in this part) applying for or subject to a title V permit: “Responsible official” shall have the same meaning as defined in part 70 or Federal title V regulations in this chapter (42 U.S.C. 7661), whichever is applicable.


Storage vessel means a tank, container or other vessel that is used to store volatile liquids that contain one or more of the listed volatile HAP, benzene or methylene chloride, as raw material feedstocks or products. It also includes objects, such as rags or other containers which are stored in the vessel. The following are not considered storage vessels 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 volatile liquids that contain HAP only as impurities;


(4) Wastewater storage tanks; and


(5) Process vessels.


Wet particulate control device means an air pollution control device that uses water or other liquid to contact and remove particulate matter in the exhaust stream.


[74 FR 63525, Dec. 3, 2009, as amended at 75 FR 31320, June 3, 2010]


§§ 63.11608-63.11618 [Reserved]

Table 1 to Subpart CCCCCCC of Part 63 – Applicability of General Provisions to Paints and Allied Products Manufacturing Area Sources

As required in § 63.11599, you must meet each requirement in the following table that applies to you. Part 63 General Provisions that apply for Paints and Allied Products Manufacturing Area Sources:


Citation
Subject
Applies to subpart CCCCCCC
63.1ApplicabilityYes.
63.2DefinitionsYes.
63.3Units and abbreviationsYes.
63.4Prohibited activitiesYes.
63.5Preconstruction review and notification requirementsNo.
63.6(a), (b)(1)-(b)(5), (c), (e)(1), (f)(2), (f)(3), (g), (i), (j)Compliance with standards and maintenance requirementsYes.
63.7(a), (e), and (f)Performance testing requirementsYes.
63.8Monitoring requirementsNo.
63.9(a)-(d), (i), and (j)Notification RequirementsYes.
63.10(a), (b)(1)Recordkeeping and ReportingYes.
63.10(d)(1)Recordkeeping and ReportingYes.
63.11Control device and work practice requirementsNo.
63.12State authority and delegationsYes.
63.13Addresses of state air pollution control agencies and EPA regional officesYes.
63.14Incorporation by referenceNo.
63.15Availability of information and confidentialityYes.
63.16Performance track provisionsNo.

Subpart DDDDDDD – National Emission Standards for Hazardous Air Pollutants for Area Sources: Prepared Feeds Manufacturing


Source:75 FR 546, Jan. 5, 2010, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11619 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a prepared feeds manufacturing facility that uses a material containing chromium or a material containing manganese and is an area source of emissions of hazardous air pollutants (HAP).


(b) The provisions of this subpart apply to each new and existing prepared feeds manufacturing affected source. A prepared feeds manufacturing affected source is the collection of all equipment and activities necessary to produce animal feed from the point in the process where a material containing chromium or a material containing manganese is added, to the point where the finished animal feed product leaves the facility. This includes, but is not limited to, areas where materials containing chromium and manganese are stored, areas where materials containing chromium and manganese are temporarily stored prior to addition to the feed at the mixer, mixing and grinding processes, pelleting and pellet cooling processes, packing and bagging processes, crumblers and screens, bulk loading operations, and all conveyors and other equipment that transfer the feed materials throughout the manufacturing facility.


(1) A prepared feeds manufacturing affected source is existing if you commenced construction or reconstruction of the facility on or before July 27, 2009.


(2) A prepared feeds manufacturing affected source is new if you commenced construction or reconstruction of the facility after July 27, 2009.


(3) A collection of equipment and activities necessary to produce animal feed at a prepared feeds manufacturing facility becomes an affected source when you commence using a material containing chromium or a material containing manganese.


(c) An affected source is no longer subject to this subpart if the facility stops using materials containing chromium or manganese.


(d) This subpart does not apply to the facilities identified in paragraphs (d)(1) and (2) of this section.


(1) Prepared feeds manufacturing facilities that do not add any materials containing chromium or manganese to any product manufactured at the facility.


(2) Research or laboratory facilities as defined in section 112(c)(7) of the Clean Air Act (CAA).


(e) You are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, provided you are not otherwise required by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3. Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart.


§ 63.11620 What are my compliance dates?

(a) If you own or operate an existing affected source, you must achieve compliance with the applicable provisions of this subpart by no later than January 5, 2012.


(b) If you own or operate a new affected source, you must achieve compliance with the applicable provisions of this subpart by January 5, 2010, or upon startup of your affected source, whichever is later.


(c) If you own or operate a facility that becomes an affected source in accordance with § 63.11619 after the applicable compliance date in paragraphs (a) or (b) of this section, you must achieve compliance with the applicable provisions of this subpart by the date that you commence using a material containing manganese or a material containing chromium.


(d) If the average daily feed production level exceeds 50 tons per day for a calendar year for a facility not complying with the requirement in § 63.11621(e) to install and operate a cyclone to control emissions from pelleting operations, you must comply with § 63.11621(e) and all associated requirements by July 1 of the year following the one-year period.


Standards, Monitoring, and Compliance Requirements

§ 63.11621 What are the standards for new and existing prepared feeds manufacturing facilities?

You must comply with the management practices and standards in paragraphs (a) through (d) of this section at all times. For pelleting operations at prepared feeds manufacturing facilities with an average daily feed production level exceeding 50 tons per day, you must also comply with the requirements in paragraph (e) of this section at all times if you are a new source, and if you are an existing source, you must also comply with the requirements in paragraph (f) of this section at all times.


(a) In all areas of the affected source where materials containing chromium or manganese are stored, used, or handled, you must comply with the management practices in paragraphs (a)(1) and (2) of this section.


(1) You must perform housekeeping measures to minimize excess dust. These measures must include, but not be limited to, the practices specified in paragraphs (a)(1)(i) through (iii) of this section.


(i) You must use either an industrial vacuum system or manual sweeping to reduce the amount of dust;


(ii) At least once per month, you must remove dust from walls, ledges, and equipment using low pressure air or by other means, and then sweep or vacuum the area;


(iii) You must keep exterior doors in the immediate affected areas shut except during normal ingress and egress, as practicable. This paragraph (a)(1)(iii) does not apply to areas where finished product is stored in closed containers, and no other materials containing chromium or manganese are present.


(2) You must maintain and operate all process equipment in accordance with manufacturer’s specifications and in a manner to minimize dust creation.


(b) You must store any raw materials containing chromium or manganese in closed containers.


(c) The mixer where materials containing chromium or manganese are added must be covered at all times when mixing is occurring, except when the materials are being added to the mixer. Materials containing chromium or manganese must be added to the mixer in a manner that minimizes emissions.


(d) For the bulk loading process where materials containing chromium or manganese are loaded into trucks or railcars, you must lessen fugitive emissions by reducing the distance between the loadout spout and the vehicle being loaded by either paragraph (d)(1) or (d)(2) of this section.


(1) Use a device of any kind at the bulk loadout spout that minimizes the distance to the vehicle being loaded.


(2) Use any other means to minimize the distance between the loadout spout and the vehicle being loaded.


(e) For the pelleting operations at new prepared feeds manufacturing facilities with an average daily feed production level exceeding 50 tons per day, you must capture emissions and route them to a cyclone designed to reduce emissions of particulate matter by 95 percent or greater. You must also comply with the provisions in paragraphs (e)(1) through (3) of this section.


(1) You must demonstrate that the cyclone is designed to reduce emissions of particulate matter by 95 percent or greater using one of the methods specified in paragraphs (e)(1)(i) through (iii) of this section.


(i) Manufacturer specifications;


(ii) Certification by a professional engineer or responsible official; or


(iii) A performance test conducted in accordance with § 63.11623 of this section.


(2) You must establish an inlet flow rate, inlet velocity, pressure drop, or fan amperage range that represents proper operation of the cyclone in accordance with the applicable requirement in paragraphs (e)(2)(i), (ii), or (iii) of this section.


(i) If you demonstrate the cyclone design efficiency using manufacturer specifications in accordance with paragraph (e)(1)(i) of this section, the inlet flow rate, inlet velocity, pressure drop, or fan amperage range that represents proper operation of the cyclone must be provided by the manufacturer.


(ii) If you demonstrate the cyclone design efficiency using certification by a professional engineer or responsible official in accordance with paragraph (e)(1)(ii) of this section, this certification must include calculations to establish an inlet flow rate, inlet velocity, pressure drop, or fan amperage range that represents proper operation of the cyclone.


(iii) If you demonstrate the cyclone design efficiency using a performance test in accordance with paragraph (e)(1)(iii) of this section, you must monitor the inlet flow rate, inlet velocity, pressure drop, or fan amperage during the test and establish a range that represents proper operation of the cyclone based on the data obtained during the test.


(3) You must maintain and operate the cyclone in accordance with manufacturer’s specifications. If manufacturer’s specifications are not available, you must develop and follow standard maintenance and operating procedures that ensure proper operation of the cyclone.


(f) For the pelleting operations at existing prepared feeds manufacturing facilities with an average daily feed production level exceeding 50 tons per day, you must capture emissions and route them to a cyclone. The cyclone must be maintained in accordance with good air pollution control practices and manufacturer’s specifications and operating instructions, if available. If manufacturer’s specifications and operating instructions are not available, you must develop and follow standard operating procedures that ensure proper operation and maintenance of the cyclone.


[75 FR 546, Jan. 5, 2010, as amended at 76 FR 80265, Dec. 23, 2011]


§ 63.11622 What are the monitoring requirements for new and existing sources?

(a) If you own or operate an affected source required by § 63.11621(d) to use a device at the loadout end of a bulk loader that reduces fugitive emissions from a bulk loading process, you must perform monthly inspections of each device to ensure it is in proper working condition. You must record the results of these inspections in accordance with § 63.11624(c)(4) of this subpart.


(b) If you own or operate an affected source required by § 63.11621(e) or (f) to install and operate a cyclone to control emissions from pelleting operations, you must comply with the inspection and monitoring requirements in paragraphs (b)(1) and either (b)(2) or (b)(3) of this section, as applicable.


(1) You must perform quarterly inspections of the cyclone for corrosion, erosion, or any other damage that could result in air in-leakage, and record the results in accordance with § 63.11624(c).


(2) If you own or operate a new source, you must monitor inlet flow rate, inlet velocity, pressure drop, or fan amperage at least once per day when the pelleting process is in operation. You must also record the inlet flow rate, inlet velocity, pressure drop, or fan amperage in accordance with § 63.11624(c)(4).


(3) If you own or operate an existing source, you must perform a weekly visual inspection of the operating cyclone to ensure it is operating consistent with good air pollution control practices.


[75 FR 546, Jan. 5, 2010, as amended at 76 FR 80265, Dec. 23, 2011]


§ 63.11623 What are the testing requirements?

(a) If you are demonstrating that the cyclone required by § 63.11621(e) is designed to reduce emissions of particulate matter by 95 percent or greater by the performance test option in § 63.11621(e)(1)(iii), you must conduct a test in accordance with paragraph (b) of this section and calculate the percent reduction in accordance with paragraph (c) of this section.


(b) You must use Method 5 in Appendix A to part 60 to determine the particulate matter mass rate at the inlet and outlet of the cyclone. You must conduct at least three runs at the cyclone inlet and three runs at the cyclone outlet. Each run must have a sampling time of at least 60 minutes and a sample volume of at least 0.85 dscm (30 dscf).


(c) You must calculate the percent particulate matter reduction using Equation 1.





Where:

PM RED = particulate matter reduction, percent;

MINLET = Mass of particulate matter at the inlet of the cyclone, dry basis, corrected to standard conditions, g/min;

MOUTLET = Mass of particulate matter at the outlet of the cyclone, dry basis, corrected to standard conditions, g/min;

§ 63.11624 What are the notification, reporting, and recordkeeping requirements?

(a) Notifications. You must submit the notifications identified in paragraphs (a)(1) and (2) of this section.


(1) Initial Notification. If you are the owner of an affected source you must submit an Initial Notification no later than May 5, 2010, or 120 days after you become subject to this subpart, whichever is later. The Initial Notification must include the information specified in paragraphs (a)(1)(i) through (iv) of this section.


(i) The name, address, phone number and e-mail address of the owner and operator;


(ii) The address (physical location) of the affected source;


(iii) An identification of the relevant standard (i.e., this subpart); and


(iv) A brief description of the operation.


(2) Notification of Compliance Status. If you are the owner of an existing affected source, you must submit a Notification of Compliance Status in accordance with § 63.9(h) of the General Provisions on or before May 4, 2012. If you are the owner or operator of a new affected source, you must submit a Notification of Compliance Status within 120 days of initial startup, or by October 18, 2010, whichever is later. If you own or operate an affected source that becomes an affected source in accordance with § 63.11619(b)(3) after the applicable compliance date in § 63.11620 (a) or (b), you must submit a Notification of Compliance Status within 120 days of the date that you commence using materials containing manganese or chromium. This Notification of Compliance Status must include the information specified in paragraphs (a)(2)(i) through (iv) of this section.


(i) Your company’s name and address;


(ii) A statement by a responsible official with that official’s name, title, phone number, e-mail address and signature, certifying the truth, accuracy, and completeness of the notification and a statement of whether the source has complied with all the relevant standards and other requirements of this subpart;


(iii) If you own or operate a new source required by § 63.11621(e) to install and operate a cyclone to control emissions from pelleting operations, the inlet flow rate, inlet velocity, pressure drop, or fan amperage range than constitutes proper operation of the cyclone determined in accordance with § 63.11621(e)(2).


(iv) If you own or operate an existing source required by § 63.11621(f) to install and operate a cyclone to control emissions from pelleting operations, documentation of what constitutes proper operation of the cyclone determined in accordance with § 63.11621(f).


(v) If you own or operate an affected source that is not subject to a requirement in § 63.11621(e) or (f) to install and operate a cyclone to control emissions from pelleting operations because your initial average daily feed production level was 50 tpd or less, documentation of your initial daily pelleting production level determination.


(b) Annual compliance certification report. You must, by March 1 of each year, prepare an annual compliance certification report for the previous calendar year containing the information specified in paragraphs (b)(1) through (b)(6) of this section. You must submit the report if you had any instance described by paragraph (b)(3) or (b)(4) of this section.


(1) Your company’s name and address.


(2) A statement by a responsible official with that official’s name, title, phone number, e-mail address and signature, certifying the truth, accuracy, and completeness of the notification and a statement of whether the source has complied with all the relevant standards and other requirements of this subpart.


(3) If the source is not in compliance, include a description of deviations from the applicable requirements, the time periods during which the deviations occurred, and the corrective actions taken.


(4) If you own or operate a new source that is subject to § 63.11621(e), you must identify all instances when the daily inlet flow rate, inlet velocity, pressure drop, or fan amperage is outside the range that constitutes proper operation of the cyclone submitted as part of your Notification of Compliance Status. In these instances, include the time periods when this occurred and the corrective actions taken.


(5) If you own or operate an existing source that is subject to § 63.11621(f), you must identify all instances when the cyclone was not operating properly as determined in accordance with § 63.11621(f).


(6) If you own or operate an affected source that is not subject to a requirement in § 63.11621(e) or (f) to install and operate a cyclone to control emissions from pelleting operations because your average daily feed production level was 50 tpd or less, notification if your average daily feed production level for the previous year exceeded 50 tpd.


(7) If you own or operate an affected source that was subject to a requirement in § 63.11621(e) or (f) to install and operate a cyclone to control emissions from pelleting operations, notification if your average daily feed production level for the previous year was 50 tpd or less and that you are no longer complying with § 63.11621(e) or (f).


(c) Records. You must maintain the records specified in paragraphs (c)(1) through (6) of this section in accordance with paragraphs (c)(7) through (9) of this section.


(1) As required in § 63.10(b)(2)(xiv), you must keep a copy of each notification that you submitted to comply with this subpart in accordance with paragraph (a) of this section, and all documentation supporting any Initial Notification or Notification of Compliance Status that you submitted.


(2) You must keep a copy of each Annual Compliance Certification prepared in accordance with paragraph (b) of this section.


(3) For each device used to comply with the requirements in § 63.11621(d), you must keep the records of all inspections including the information identified in paragraphs (c)(3)(i) through (iii) of this section.


(i) The date, place, and time of each inspection;


(ii) Person performing the inspection;


(iii) Results of the inspection, including the date, time, and duration of the corrective action period from the time the inspection indicated a problem to the time of the indication that the device was replaced or restored to operation.


(4) If you own or operate a new source that is subject to § 63.11621(e), you must keep the records in paragraphs (c)(4)(i) through (v) of this section.


(i) If you demonstrate that the cyclone is designed to reduce emission of particulate matter by 95 percent or greater by manufacturer’s specifications in accordance with § 63.11621(e)(1(i), you must keep the records specified in paragraphs (c)(4)(i)(A) through (C) of this section.


(A) Information from the manufacturer regarding the design efficiency of the cyclone,


(B) The inlet flow rate, inlet velocity, pressure drop, or fan amperage range that represents proper operation of the cyclone,


(C) The operation and maintenance procedures to ensure proper operation of the cyclone.


(ii) If you demonstrate that the cyclone is designed to reduce emissions of particulate matter by 95 percent or greater by certification by a professional engineer in accordance with paragraph § 63.11621(e)(1)(ii), you must keep the records specified in paragraphs (c)(4)(ii)(A) through (C) of this section.


(A) Certification regarding the design efficiency of the cyclone, along with supporting information,


(B) The inlet flow rate, inlet velocity, pressure drop, or fan amperage range that represents proper operation of the cyclone,


(C) The standard maintenance and operating procedures that ensure proper operation of the cyclone.


(iii) If you demonstrate that the cyclone is designed to reduce emissions of particulate matter by 95 percent or greater by a performance in accordance with paragraph § 63.11621(e)(1)(iii), you must keep the records specified in paragraphs (c)(4)(iii)(A) through (C) of this section.


(A) Results of the testing conducted in accordance with § 63.11623,


(B) The inlet flow rate, inlet velocity, pressure drop, or fan amperage range that represents proper operation of the cyclone,


(C) The standard maintenance and operating procedures that ensure proper operation of the cyclone.


(iv) Records of all quarterly inspections including the information identified in paragraphs (c)(4)(iv)(A) through (C) of this section.


(A) The date, place, and time of each inspection;


(B) Person performing the inspection;


(C) Results of the inspection, including the date, time, and duration of the corrective action period from the time the inspection indicated a problem to the time of the indication that the cyclone was restored to proper operation.


(v) Records of the daily inlet flow rate, inlet velocity, pressure drop, or fan amperage measurements, along with the date, time, and duration of the correction action period from the time the monitoring indicated a problem to the time of the indication that the cyclone was restored to proper operation.


(5) If you own or operate an existing source that is subject to § 63.11621(f), you must keep the records in paragraphs (c)(5)(i) and (ii) of this section.


(i) Records of all quarterly inspections including the information identified in paragraphs (c)(5)(i)(A) through (C) of this section.


(A) The date, place, and time of each inspection;


(B) Person performing the inspection;


(C) Results of the inspection, including the date, time, and duration of the corrective action period from the time the inspection indicated a problem to the time of the indication that the cyclone was restored to proper operation.


(ii) Records of weekly visual inspections of the operating cyclone, including a record of any corrective action taken as a result of the inspection.


(6) If you own or operate an affected source that is not subject to a requirement in § 63.11621(e) or (f) to install and operate a cyclone to control emissions from pelleting operations because your average daily feed production level is 50 tpd or less, feed production records to enable the determination of the average daily feed production level.


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


(8) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each recorded action.


(9) You must keep each record onsite for at least 2 years after the date of each recorded action according to § 63.10(b)(1). You may keep the records offsite for the remaining 3 years.


(d) If you no longer use materials that contain manganese or chromium after January 5, 2010, you must submit a Notification in accordance with § 63.11619(c) which includes the information specified in paragraphs (d)(1) and (2) of this section.


(1) Your company’s name and address;


(2) A statement by a responsible official indicating that the facility no longer uses materials that contain chromium or manganese. This statement should also include an effective date for the termination of use of materials that contain chromium or manganese, and the responsible official’s name, title, phone number, e-mail address and signature.


[75 FR 546, Jan. 5, 2010, as amended at 75 FR 41994, July 20, 2010; 76 FR 80266, Dec. 23, 2011]


Other Requirements and Information

§ 63.11625 What parts of the General Provisions apply to my facility?

Table 1 of this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you.


§ 63.11626 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by EPA or a delegated authority such as your State, local, or Tribal agency. If the EPA Administrator has delegated authority to your State, local, or Tribal agency, then that agency has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if 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 EPA Administrator 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 (5) of this section.


(1) Approval of an alternative nonopacity emissions standard under § 63.6(g).


(2) Approval of an alternative opacity emissions standard under § 63.6(h)(9).


(3) Approval of a major change to test methods under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in § 63.90.


(4) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” is defined in § 63.90.


(5) Approval of a major change to recordkeeping and reporting under § 63.10(f). A “major change to recordkeeping/reporting” is defined in § 63.90.


§ 63.11627 What definitions apply to this subpart?

Terms used in this subpart are defined in the CAA, in § 63.2, and in this section.


Animal feed includes: Dehydrated alfalfa meal; alfalfa prepared as feed for animals; cubed alfalfa; prepared animal feed; chopped, crushed, or ground barley feed; prepared bird feed; blended animal feed; bone meal prepared as feed for animals and fowls; cattle feeds, supplements, concentrates, and premixes; prepared chicken feeds; cattle feed citrus pulp; complete livestock feed; custom milled animal feed; dairy cattle feeds supplements, concentrates, and premixes; earthworm food and bedding; animal feed concentrates; animal feed premixes; animal feed supplements; prepared animal feeds; specialty animal (e.g., guinea pig, mice, mink) feeds; fish food for feeding fish; custom ground grains for animal feed; cubed hay; kelp meal and pellets animal feed; laboratory animal feed; livestock feeds, supplements, concentrates and premixes; alfalfa meal; bone meal prepared as feed for animals and fowls; livestock micro and macro premixes; mineral feed supplements; animal mineral supplements; pet food; poultry feeds, supplements, and concentrates; rabbit food; shell crushed and ground animal feed; swine feed; swine feed supplements, concentrates, and premixes; and prepared turkey feeds. Feed products produced for dogs and cats are not considered animal feed for the purposes of this subpart.


Average daily feed production level means the average amount of animal feed products produced each day over an annual period. The initial determination of the average daily feed production level is based on the one-year period prior to the compliance date for existing sources, or the design rate for new sources. The subsequent average daily feed production levels are determined annually and are based on the amount of animal feed products produced in a calendar year divided by the number of days in which the production processes were in operation.


Cyclone means a mechanically aided collector that uses inertia to separate particulate matter from the gas stream as it spirals through the cyclone.


Material containing chromium means a material that contains chromium (Cr, atomic number 24) in amounts greater than or equal to 0.1 percent by weight.


Material containing manganese means a material that contains manganese (Mn, atomic number 25) in amounts greater than or equal to 1.0 percent by weight.


Pelleting operations means all operations that make pelleted animal feed, including but not limited to, steam conditioning, die-casting, drying, cooling, and crumbling, and granulation.


Prepared feeds manufacturing facility means a facility that is primarily engaged in manufacturing animal feed. A facility is primarily engaged in manufacturing animal feed if the production of animal feed comprises greater than 50 percent of the total production of the facility on an annual basis. Facilities primarily engaged in raising or feeding animals are not prepared feed manufacturing facilities. Facilities engaged in the growing of agricultural crops that are used in the manufacturing of feed are not considered prepared feeds manufacturing facilities.


§§ 63.11628-63.11638 [Reserved]

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

As required in § 63.11619, you must meet each requirement in the following table that applies to you.


Citation
Subject
Applies to Subpart DDDDDDD?
63.1ApplicabilityYes.
63.2DefinitionsYes.
63.3Units and AbbreviationsYes.
63.4Prohibited Activities and CircumventionYes.
63.5Preconstruction Review and Notification RequirementsNo.
63.6(a),(b)(1)-(b)(5), (b)(7), (c), (f)(2)-(3), (g), (i), and (j)Compliance with Standards and Maintenance RequirementsYes.
63.6(e)(1), (e)(3), (f)(1), and (h)Startup, shutdown, and malfunction requirements and opacity/visible emission standardsNo. Standards apply at all times, including during startup, shutdown, and malfunction events.
63.7Performance Testing RequirementsYes.
63.8Monitoring RequirementsYes.
63.9(a), (b), (c), (d), (h), (i), and (j)Notification RequirementsYes.
63.9(e), (f), (g)No.
63.10(a),(b)(1), (b)(2)(i)-(iii), (b)(2)(vi)-(xiv), (c), (d)(1), (e), and (f)Recordkeeping and Reporting RequirementsYes.
63.10(b)(2)(iv)-(v), (b)(3), and (d)(2)-(5)Recordkeeping and Reporting RequirementsNo.
63.11Control Device RequirementsNo.
63.12State Authorities and DelegationsYes.
63.13AddressesYes.
63.14Incorporations by ReferenceYes.
63.15Availability of Information and ConfidentialityYes.
63.16Performance Track ProvisionsYes.
63.1(a)(5), (a)(7)-(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)ReservedNo.

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


Source:76 FR 9480, Feb. 17, 2011, unless otherwise noted.

Applicability and Compliance Dates

§ 63.11640 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a gold mine ore processing and production facility as defined in § 63.11651, that is an area source.


(b) This subpart applies to each new or existing affected source. The affected sources are each collection of “ore pretreatment processes” at a gold mine ore processing and production facility, each collection of “carbon processes with mercury retorts” at a gold mine ore processing and production facility, each collection of “carbon processes without mercury retorts” at a gold mine ore processing and production facility, and each collection of “non-carbon concentrate processes” at a gold mine ore processing and production facility, as defined in § 63.11651.


(1) An affected source is existing if you commenced construction or reconstruction of the affected source on or before April 28, 2010.


(2) An affected source is new if you commenced construction or reconstruction of the affected source after April 28, 2010.


(c) This subpart does not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).


(d) If you own or operate a source subject to this subpart, you must have or you must obtain a permit under 40 CFR part 70 or 40 CFR part 71.


§ 63.11641 What are my compliance dates?

(a) If you own or operate an existing affected source, you must comply with the applicable provisions of this subpart no later than February 17, 2014.


(b) If you own or operate a new affected source, and the initial startup of your affected source is on or before February 17, 2011, you must comply with the provisions of this subpart no later than February 17, 2011.


(c) If you own or operate a new affected source, and the initial startup of your affected source is after February 17, 2011, you must comply with the provisions of this subpart upon startup of your affected source.


Standards and Compliance Requirements

§ 63.11645 What are my mercury emission standards?

(a) For existing ore pretreatment processes, you must emit no more than 127 pounds of mercury per million tons of ore processed.


(b) For existing carbon processes with mercury retorts, you must emit no more than 2.2 pounds of mercury per ton of concentrate processed.


(c) For existing carbon processes without mercury retorts, you must emit no more than 0.17 pounds of mercury per ton of concentrate processed.


(d) For existing non-carbon concentrate processes, you must emit no more than 0.2 pounds of mercury per ton of concentrate processed.


(e) For new ore pretreatment processes, you must emit no more than 84 pounds of mercury per million tons of ore processed.


(f) For new carbon processes with mercury retorts, you must emit no more than 0.8 pounds of mercury per ton of concentrate processed.


(g) For new carbon processes without mercury retorts, you must emit no more than 0.14 pounds of mercury per ton of concentrate processed.


(h) For new non-carbon concentrate processes, you must emit no more than 0.1 pounds of mercury per ton of concentrate processed.


(i) The standards set forth in this section apply at all times.


§ 63.11646 What are my compliance requirements?

(a) Except as provided in paragraph (b) of this section, you must conduct a mercury compliance emission test within 180 days of the compliance date for all process units at new and existing affected sources according to the requirements in paragraphs (a)(1) through (a)(13) of this section. This compliance testing must be repeated annually thereafter, with no two consecutive annual compliance tests occurring less than 3 months apart or more than 15 months apart.


(1) You must determine the concentration of mercury and the volumetric flow rate of the stack gas according to the following test methods and procedures:


(i) Method 1 or 1A (40 CFR part 60, appendix A-1) 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) and prior to any releases to the atmosphere.


(ii) Method 2, 2A, 2C, 2D, 2F (40 CFR part 60, appendix A-1), or Method 2G (40 CFR part 60, appendix A-2) to determine the volumetric flow rate of the stack gas.


(iii) Method 3, 3A, or 3B (40 CFR part 60, appendix A-2) to determine the dry molecular weight of the stack gas. You may use ANSI/ASME PTC 19.10, “Flue and Exhaust Gas Analyses” (incorporated by reference-see § 63.14) as an alternative to EPA Method 3B.


(iv) Method 4 (40 CFR part 60, appendix A-3) to determine the moisture content of the stack gas.


(v) Method 29 (40 CFR part 60, appendix A-8) to determine the concentration of mercury, except as provided in paragraphs (a)(1)(vi) and (vii) of this section.


(vi) Upon approval by the permitting authority, ASTM D6784; “Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method)” (incorporated by reference – see § 63.14) may be used as an alternative to Method 29 to determine the concentration of mercury.


(vii) Upon approval by the permitting authority, Method 30B (40 CFR part 60, appendix A-8) may be used as an alternative to Method 29 to determine the concentration of mercury for those process units with relatively low particulate-bound mercury as specified in Section 1.2 of Method 30B.


(2) A minimum of three test runs must be conducted for each performance test of each process unit. Each test run conducted with Method 29 must collect a minimum sample volume of 0.85 dry standard cubic meters (30 dry standard cubic feet). If conducted with Method 30B or ASTM D6784, determine sample time and volume according to the testing criteria set forth in the relevant method. If the emission testing results for any of the emission points yields a non-detect value, then the minimum detection limit (MDL) must be used to calculate the mass emissions rate (lb/hr) used to calculate the emissions factor (lb/ton) for that emission point and, in turn, for calculating the sum of the emissions (in units of pounds of mercury per ton of concentrate, or pounds of mercury per million tons of ore) for all emission points subject to the emission standard for determining compliance. If the resulting mercury emissions are greater than the MACT emission standard, the owner or operator may use procedures that produce lower MDL results and repeat the mercury emissions testing one additional time for any emission point for which the measured result was below the MDL. If this additional testing is performed, the results from that testing must be used to determine compliance (i.e., there are no additional opportunities allowed to lower the MDL).


(3) Performance tests shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance of the affected source for the period being tested. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. Performance tests must be conducted under operating conditions (including process or production throughputs) that are based on representative performance. Record and report to the permit authority the process throughput for each test run. For sources with multiple emission units (e.g., two roasters, or a furnace, electrowinning circuit and a mercury retort) ducted to a common control device and stack, compliance testing must be performed either by conducting a single compliance test with all affected emissions units in operation or by conducting a separate compliance test on each emissions unit. Alternatively, the owner or operator may request approval from the permit authority for an alternative testing approach. If the units are tested separately, any emissions unit that is not tested initially must be tested as soon as is practicable. If the performance test is conducted when all affected units are operating, then the number of hours of operation used for calculating emissions pursuant to paragraphs (a)(6) and (7) of this section must be the total number of hours for the unit that has the greatest total operating hours for that period of time, or based on an appropriate alternative method approved by the permit authority to account for the hours of operation for each separate unit in these calculations.


(4) Calculate the mercury emission rate (lb/hr), based on the average of 3 test run values, for each process unit (or combination of units that are ducted to a common stack and are tested when all affected sources are operating pursuant to paragraph (a)(3) of this section) using Equation (1) of this section:




Where:

E = mercury emissions in lb/hr;

Cs = concentration of mercury in the stack gas, in grains per dry standard cubic foot (gr/dscf);

Qs = volumetric flow rate of the stack gas, in dry standard cubic feet per hour; and

K = conversion factor for grains (gr) to pounds (lb), 1.43 × 10−4.

(5) Monitor and record the number of one-hour periods each process unit operates during each month.


(6) For the initial compliance determination for both new and existing sources, determine the total mercury emissions for all the full calendar months between the compliance date and the date of the initial compliance test by multiplying the emission rate in lb/hr for each process unit (or combination of units ducted to a common stack that are tested together) by the number of one-hour periods each process unit (or the unit that had the greatest total operating hours among the combination of multiple units with one stack that are tested together, or an alternative method approved by the permit authority, pursuant to paragraph (a)(3) of this section) operated during those full calendar months prior to the initial compliance test. This initial period must include at least 1 full month of operations. After the initial compliance test, for subsequent compliance tests, determine the mercury mass emissions for the 12 full calendar months prior to the compliance test in accordance with the procedures in paragraph (a)(7) of this section. Existing sources may use a previous emission test for their initial compliance determination in lieu of conducting a new test if the test was conducted within one year of the compliance date using the methods specified in paragraphs (a)(1) through (a)(4) of this section, and the tests were representative of current operating processes and conditions. If a previous test is used for their initial compliance determination, 3 to 12 full months of data on hours of operation and production (i.e., million tons of ore or tons of concentrate), including the month the test was conducted, must be used to calculate the emissions rate (in units of pounds of mercury per million tons of ore for the ore pretreatment affected sources, or in units of pounds of mercury per tons of concentrate for the other affected sources).


(7) For compliance determinations following the initial compliance test for new and existing sources, determine the total mercury mass emissions for each process unit for the 12 full calendar months preceding the performance test by multiplying the emission rate in lb/hr for each process unit (or combination of units ducted to a common stack that are tested together) by the number of one-hour periods each process unit (or the unit that had the greatest total operating hours among the combination of multiple units with one stack that are tested together, or an alternative method approved by the permit authority, pursuant to paragraph (a)(3) of this section) operated during the 12 full calendar months preceding the completion of the performance tests.


(8) You must install, calibrate, maintain and operate an appropriate weight measurement device, mass flow meter, or densitometer and volumetric flow meter to measure ore throughput for each roasting operation and autoclave and calculate hourly, daily and monthly totals in tons of ore according to paragraphs (a)(8)(i) and (a)(8)(ii) of this section.


(i) Measure the weight or the density and volumetric flow rate of the oxidized ore slurry as it exits the roaster oxidation circuit(s) and before the carbon-in-leach tanks. Alternatively, the weight of the ore can be measured “as fed” if approved by the permit authority as an acceptable equivalent method to measure amount of ore processed.


(ii) Measure the weight or the density and volumetric flow rate of the ore slurry as it is fed to the autoclave(s). Alternatively, the weight or the density and volumetric flow rate of the oxidized ore slurry can be measured as it exits the autoclave and before the carbon-in-leach tanks if approved by the permit authority as an acceptable equivalent method to measure amount of ore processed.


(9) Measure the weight of concentrate (produced by electrowinning, Merrill Crowe process, gravity feed, or other methods) using weigh scales for each batch prior to processing in mercury retorts or melt furnaces. For facilities with mercury retorts, the concentrate must be weighed in the same state and condition as it is when fed to the mercury retort. For facilities without mercury retorts, the concentrate must be weighed prior to being fed to the melt furnace before drying in any ovens. For facilities that ship concentrate offsite, measure the weight of concentrate as shipped offsite. You must keep accurate records of the weights of each batch of concentrate processed and calculate, and record the total weight of concentrate processed each month.


(10) You must maintain the systems for measuring density, volumetric flow rate, and weight within ±5 percent accuracy. You must describe the specific equipment used to make measurements at your facility and how that equipment is periodically calibrated. You must also explain, document, and maintain written procedures for determining the accuracy of the measurements and make these written procedures available to your permitting authority upon request. You must determine, record, and maintain a record of the accuracy of the measuring systems before the beginning of your initial compliance test and during each subsequent quarter of affected source operation.


(11) Record the weight in tons of ore for ore pretreatment processes and concentrate for carbon processes with mercury retorts, carbon processes without mercury retorts, and for non-carbon concentrate processes on a daily and monthly basis.


(12) Calculate the emissions from each new and existing affected source for the sum of all full months between the compliance date and the date of the initial compliance test in pounds of mercury per ton of process input using the procedures in paragraphs (a)(12)(i) through (a)(12)(iv) of this section to determine initial compliance with the emission standards in § 63.11645. This must include at least 1 full month of data. Or, if a previous test is used pursuant to paragraph (a)(6) of this section for the initial compliance test, use a period of time pursuant to paragraph (a)(6) of this section to calculate the emissions for the affected source. After this initial compliance test period, determine annual compliance using the procedures in paragraph (a)(13) of this section for existing sources.


(i) For ore pretreatment processes, divide the sum of mercury mass emissions (in pounds) from all roasting operations and autoclaves during the number of full months between the compliance date and the initial compliance test by the sum of the total amount of gold mine ore processed (in million tons) in these process units during those same full months following the compliance date. Or, if a previous test is used to determine initial compliance, pursuant to paragraph (a)(6) of this section, then the same 3 to 12 full months of production data (i.e., million tons of ore) and hours of operation referred to in paragraph (a)(6) of this section, must be used to determine the emissions in pounds of mercury per million tons of ore.


(ii) For carbon processes with mercury retorts, divide the sum of mercury mass emissions (in pounds) from all carbon kilns, preg tanks, electrowinning, mercury retorts, and melt furnaces during the initial number of full months between the compliance date and the initial compliance tests by the total amount of concentrate (in tons) processed in these process units during those same full months following the compliance date. If a previous test is used to determine initial compliance, pursuant to paragraph (a)(6) of this section, then the same 3 to 12 full months of production data (i.e., tons of concentrate) and hours of operation referred to in paragraph (a)(6) of this section, must be used to determine the emissions in pounds of mercury per tons of concentrate.


(iii) For carbon processes without mercury retorts, divide the sum of mercury mass emissions (in pounds) from all carbon kilns, preg tanks, electrowinning, and melt furnaces during the initial number of full months between the compliance date and the initial compliance tests by the total amount of concentrate (in tons) processed in these process units during those same full months following the compliance date. If a previous test is used to determine initial compliance, pursuant to paragraph (a)(6) of this section, then the same 3 to 12 full months of production data (i.e., tons of concentrate) and hours of operation referred to in paragraph (a)(6) of this section, must be used to determine the emissions in pounds of mercury per tons of concentrate.


(iv) For non-carbon concentrate processes, divide the sum of mercury mass emissions (in pounds) from mercury retorts and melt furnaces during the initial number of full months between the compliance date and the initial compliance tests by the total amount of concentrate (in tons) processed in these process units during those same full months following the compliance date. If a previous test is used to determine initial compliance, pursuant to paragraph (a)(6) of this section, then the same 3 to 12 full months of production data (i.e., tons of concentrate) and hours of operation referred to in paragraph (a)(6) of this section, must be used to determine the emissions in pounds of mercury per tons of concentrate.


(13) After the initial compliance test, calculate the emissions from each new and existing affected source for each 12-month period preceding each subsequent compliance test in pounds of mercury per ton of process input using the procedures in paragraphs (a)(13)(i) through (iv) of this section to determine compliance with the emission standards in § 63.11645.


(i) For ore pretreatment processes, divide the sum of mercury mass emissions (in pounds) from all roasting operations and autoclaves in the 12-month period preceding a compliance test by the sum of the total amount of gold mine ore processed (in million tons) in that 12-month period.


(ii) For carbon processes with mercury retorts, divide the sum of mercury mass emissions (in pounds) from all carbon kilns, preg tanks, electrowinning, mercury retorts, and melt furnaces in the 12-month period preceding a compliance test by the total amount of concentrate (in tons) processed in these process units in that 12-month period.


(iii) For carbon processes without mercury retorts, divide the sum of mercury mass emissions (in pounds) from all carbon kilns, preg tanks, electrowinning, and melt furnaces in the 12-month period preceding a compliance test by the total amount of concentrate (in tons) processed in these process units in that 12-month period.


(iv) For non-carbon concentrate processes, divide the sum of mercury mass emissions (in pounds) from mercury retorts and melt furnaces in the 12-month period preceding a compliance test by the total amount of concentrate (in tons) processed in these process units in that 12-month period.


(b) At all times, you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the 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.


§ 63.11647 What are my monitoring requirements?

(a) Except as provided in paragraph (a)(5) of this section, you must monitor each roaster for mercury emissions using one of the procedures in paragraphs (a)(1), (a)(2), or (a)(3) of this section and establish operating limits for mercury concentration as described in paragraph (a)(4) of this section.


(1) Perform sampling and analysis of the roaster’s exhaust for mercury concentration using EPA Performance Specification 12B (40 CFR part 60, appendix B and Procedure 5 of appendix F) or EPA Method 30B (40 CFR part 60, appendix A-8) at least twice per month. A minimum of two measurements must be taken per month that are at least 11 days apart from other consecutive tests. The mercury concentration must be maintained below the operating limit established in paragraph (a)(4) of this section. The results of the sampling must be obtained within 72 hours of the time the sample is taken.


(i) To determine the appropriate sampling duration, you must review the available data from previous stack tests to determine the upper 99th percentile of the range of mercury concentrations in the exit stack gas. Based on this upper end of expected concentrations, select an appropriate sampling duration that is likely to provide a valid sample and not result in breakthrough of the sampling tubes. If breakthrough of the sampling tubes occurs, you must re-sample within 7 days using a shorter sampling duration.


(ii) If any mercury concentration measurement from the twice per month sampling with PS 12B or Method 30B is higher than the operating limit, the exceedance must be reported to the permit authority as a deviation and corrective actions must be implemented within 48 hours upon receipt of the sampling results. Moreover, within 96 hours of the exceedance, the owner or operator must measure the concentration again (with PS 12B (40 CFR part 60, appendix B and Procedure 5 of appendix F), Method 30B or Method 29 (40 CFR part 60, appendix A-8), or ASTM D6784(incorporated by reference – see § 63.14)) and demonstrate to the permit authority that the mercury concentration is no higher than the operating limit, or inform the permit authority that the limit continues to be exceeded. If the measured mercury concentration exceeds the operating limit for mercury concentration after these 96 hours, the exceedance must be reported as a deviation within 24 hours to the permitting authority. The owner or operator must conduct a full compliance test pursuant to § 63.11646(a) for the roaster operations within 40 days to determine if the affected source is in compliance with the MACT emission standard. For facilities that have roasters and autoclaves, the owner or operator can use the results of the previous compliance test for the autoclaves to determine the emissions for those process units to be used in the calculations of the emissions for the affected source. If the source is determined to be in compliance, the compliance test may also be used to establish a new operating limit for mercury concentration (in accordance with paragraph (e) of this section).


(2) Install, operate, calibrate, and maintain a continuous emissions monitoring system (CEMS) to continuously measure the mercury concentration in the final exhaust stream from each roaster according to the requirements of Performance Specification 12A (40 CFR part 60, appendix B) except that calibration standards traceable to the National Institute of Standards and Technology are not required. You must perform a data accuracy assessment of the CEMS according to section 5 of Appendix F in part 60 and follow the applicable monitoring requirements in § 63.8 as provided in Table 1 to subpart EEEEEEE.


(i) You must continuously monitor the daily average mercury concentration from the roaster and maintain the daily average concentration below the operating limit established in paragraph (a)(4) of this section.


(ii) If the daily average mercury concentration from the CEMs is higher than the operating limit, the exceedance must be reported to the permit authority as a deviation and corrective actions must be implemented within 48 hours upon receipt of the sampling results. Moreover, within 96 hours of the exceedance, the owner or operator must measure the concentration again (with the CEMs (40 CFR part 60, appendix B and Procedure 5 of appendix F) and demonstrate to the permit authority that the mercury concentration is no higher than the operating limit, or inform the permit authority that the limit continues to be exceeded. If the measured mercury concentration exceeds the operating limit for mercury concentration after these 96 hours, the exceedance must be reported as a deviation within 24 hours to the permitting authority, and the owner or operator must conduct a full compliance test pursuant to § 63.11646(a) for the roaster operations within 40 days to determine if the affected source is in compliance with the MACT emission standard. For facilities that have roasters and autoclaves, the owner or operator can use the results of the previous compliance test for the autoclaves to determine the emissions for those process units to be used in the calculations of the emissions for the affected source. If the source is determined to be in compliance, the compliance test results may also be used to establish a new operating limit for mercury concentration (in accordance with paragraph (e) of this section).


(iii) You must submit a monitoring plan that includes quality assurance and quality control (QA/QC) procedures sufficient to demonstrate the accuracy of the CEMS to your permitting authority for approval 180 days prior to your initial compliance test. At a minimum, the QA/QC procedures must include daily calibrations and an annual accuracy test for the CEMS.


(3) Continuously measure the mercury concentration in the final exhaust stream from each roaster using EPA Performance Specification 12B (40 CFR part 60 appendix B and Procedure 5 of appendix F).


(i) You must continuously measure the mercury concentration in the roaster exhaust and maintain the average daily mercury concentration below the operating limit established in paragraph (a)(4) of this section. To determine the appropriate sampling duration, you must review the available data from previous stack tests to determine the upper 99th percentile of the range of mercury concentrations in the exit stack gas. Based on this upper end of expected concentrations, select an appropriate sampling duration that is likely to provide a valid sample and not result in breakthrough of the sampling tubes. If breakthrough of the sampling tubes occurs, you must re-sample within 7 days using a shorter sampling duration.


(ii) If the daily average mercury concentration is higher than the operating limit, the exceedance must be reported to the permit authority as a deviation and corrective actions must be implemented within 48 hours upon receipt of the sampling results. Moreover, within 96 hours of the exceedance, the owner or operator must measure the concentration again with PS 12B (40 CFR part 60, appendix B and Procedure 5 of appendix F), Method 30B or Method 29 (40 CFR part 60, appendix A-8), or ASTM D6784(incorporated by reference – see § 63.14) and demonstrate to the permit authority that the mercury concentration is no higher than the operating limit, or inform the permit authority that the limit continues to be exceeded. If the measured mercury concentration exceeds the operating limit for mercury concentration after these 96 hours, the exceedance must be reported as a deviation within 24 hours to the permitting authority and the owner or operator must conduct a full compliance test pursuant to § 63.11646(a) for the roaster operations within 40 days to determine if the affected source is in compliance with the MACT emission standard. For facilities that have roasters and autoclaves, the owner or operator can use the results of the previous compliance test for the autoclaves to determine the emissions for those process units to be used in the calculations of the emissions for the affected source. If the source is determined to be in compliance, the compliance test results may also be used to establish a new operating limit for mercury concentration (in accordance with paragraph (e) of this section).


(4) Use Equation (2) of this section to establish an upper operating limit for mercury concentration as determined by using the procedures in paragraphs (a)(1), (a)(2), or (a)(3) of this section concurrently while you are conducting your annual compliance performance stack tests according to the procedures in § 63.11646(a).




Where:

OLR = mercury concentration operating limit for the roaster (or roasters that share a common stack) (in micrograms per cubic meter);

Ctest = average mercury concentration measured by the monitoring procedures (PS 12A or PS 12B or 30B) during the compliance performance stack test (in micrograms per cubic meter);

EL = emission standard for ore pretreatment processes (in lb/million tons of ore);

CT = compliance test results for ore pretreatment processes (in lb/million tons of ore).

(5) For roasters that utilize calomel-based mercury control systems for emissions controls, you are not required to perform the monitoring for mercury emissions in paragraphs (a)(1), (a)(2), or (a)(3) of this section if you demonstrate to the satisfaction of your permitting authority that mercury emissions from the roaster are less than 10 pounds of mercury per million tons of ore throughput. If you make this demonstration, you must conduct the parametric monitoring as described below in paragraphs (b) and (c) of this section.


(i) The initial demonstration must include three or more consecutive independent stack tests for mercury at least one month apart on the roaster exhaust stacks. Subsequent demonstrations may be based upon the single stack test required in paragraph (a) of section § 63.11646. The results of each of the tests must be less than 10 pounds of mercury per million tons of ore. The testing must be performed according to the procedures in § 63.11646(a)(1) through (a)(4) to determine mercury emissions in pounds per hour.


(ii) Divide the mercury emission rate in pounds per hour by the ore throughput rate during the test expressed in millions of tons per hour to determine the emissions in pounds per million tons of ore.


(b) For facilities with roasters and a calomel-based mercury control system that choose to monitor for mercury emissions using the procedures in paragraph (a)(1) of this section or that qualify for and choose to follow the requirements in paragraph (a)(5) of this section, you must establish operating parameter limits for scrubber liquor flow (or line pressure) and scrubber inlet gas temperature and monitor these parameters. You may establish your operating parameter limits from the initial compliance test, according to the manufacturer’s specifications, or based on limits established by the permitting authority. If you choose to establish your operating parameter limits from the initial compliance test, monitor the scrubber liquor flow (or line pressure) and scrubber inlet gas temperature during each run of your initial compliance test. The minimum operating limit for scrubber liquor flow rate (or line pressure) is either the lowest value during any run of the initial compliance test or 10 percent less than the average value measured during the compliance test, and your maximum scrubber inlet temperature limit is the highest temperature measured during any run of the initial compliance test or 10 percent higher than the average value measured during the compliance test. You must monitor the scrubber liquor flow rate (or line pressure) and scrubber inlet gas temperature hourly and maintain the scrubber liquor flow (or line pressure) at or above the established operating parameter and maintain the inlet gas temperature below the established operating parameter limit.


(c) For facilities with roasters and a calomel-based mercury control system that choose to monitor for mercury emissions using the procedures in paragraph (a)(1) of this section or that qualify for and follow the requirements in paragraph (a)(5) of this section, you must establish operating parameter ranges for mercuric ion and chloride ion concentrations or for oxidation reduction potential and pH using the procedures in paragraph (c)(1) or (c)(2) of this section respectively.


(1) Establish the mercuric ion concentration and chloride ion concentration ranges for each calomel-based mercury control system. The mercuric ion concentration and chloride ion concentration ranges for each calomel-based mercury control system must be based on the manufacturer’s specifications, or based on approval by your permitting authority. Measure the mercuric ion concentration and chloride ion concentrations at least once during each run of your initial compliance test. The measurements must be within the established concentration range for mercuric ion concentration and chloride ion concentration. Subsequently, you must sample at least once daily and maintain the mercuric ion concentration and chloride ion concentrations within their established range.


(2) Establish the oxidation reduction potential and pH range for each calomel-based mercury control system. The oxidation reduction potential and pH range for each calomel-based mercury control system must be based on the manufacturer’s specifications, or based on approval by your permitting authority. Install monitoring equipment to continuously monitor the oxidation reduction potential and pH of the calomel-based mercury control system scrubber liquor. Measure the oxidation reduction potential and pH of the scrubber liquor during each run of your initial compliance test. The measurements must be within the established range for oxidation reduction potential and pH. Subsequently, you must monitor the oxidation reduction potential and pH of the scrubber liquor continuously and maintain it within the established operating range.


(d) If you have an exceedance of a control device operating parameter range provided in paragraphs (b) or (c) of this section, you must take corrective action and bring the parameters back into the established parametric ranges. If the corrective actions taken following an exceedance do not result in the operating parameter value being returned within the established range within 48 hours, a mercury concentration measurement (with PS 12B or PS 12A CEMS (40 CFR part 60, appendix B and Procedure 5 of appendix F), Method 30B or Method 29 (40 CFR part 60, appendix A-8), or ASTM D6784 (incorporated by reference – see § 63.14)) must be made to determine if the operating limit for mercury concentration is being exceeded. The measurement must be performed and the mercury concentration determined within 48 hours (after the initial 48 hours, or a total of 96 hours from the time the parameter range was exceeded). If the measured mercury concentration meets the operating limit for mercury concentration established under § 63.11647(a)(4), the corrective actions are deemed successful, and the owner or operator can request the permit authority to establish a new limit or range for the parameter. If the measured mercury concentration exceeds the operating limit for mercury concentration after these 96 hours, the exceedance must be reported as a deviation within 24 hours to the permitting authority and the owner or operator must conduct a full compliance test pursuant to § 63.11646(a) for the roaster operations within 40 days to determine if the affected source is in compliance with the MACT emission standard. For facilities that have roasters and autoclaves, the owner or operator can use the results of the previous compliance test for the autoclaves to determine the emissions for those process units to be used in the calculations of the emissions for the affected source. If the source is determined to be in compliance with the MACT emission standard, the compliance test may also be used to establish a new operating limit for mercury concentration (see paragraph (e) of this section).


(e) You may submit a request to your permitting authority for approval to change the operating limits established under paragraph (a)(4) of this section for the monitoring required in paragraph (a)(1),(a)(2), or (a)(3) of this section. In the request, you must demonstrate that the proposed change to the operating limit detects changes in levels of mercury emission control. An approved change to the operating limit under this paragraph only applies until a new operating limit is established during the next annual compliance test.


(f) You must monitor each process unit at each new and existing affected source that uses a carbon adsorber to control mercury emissions using the procedures in paragraphs (f)(1) or (f)(2) of this section. A carbon adsorber may include a fixed carbon bed, carbon filter packs or modules, carbon columns, and other variations.


(1) Continuously sample and analyze the exhaust stream from the carbon adsorber for mercury using Method 30B (40 CFR part 60, appendix A-8) for a duration of at least the minimum sampling time specified in Method 30B and up to one week that includes the period of the annual performance test.


(i) Establish an upper operating limit for the process as determined using the mercury concentration measurements from the sorbent trap (Method 30B) as calculated from Equation (3) of this section.




Where:

OLC = mercury concentration operating limit for the carbon adsorber control device on the process as measured using the sorbent trap, (micrograms per cubic meter);

Ctrap = average mercury concentration measured using the sorbent trap during the week that includes the compliance performance test, (micrograms per cubic meter);

EL = emission standard for the affected sources (lb/ton of concentrate);

CT = compliance test results for the affected sources (lb/ton of concentrate).

(ii) Sample and analyze the exhaust stream from the carbon adsorber for mercury at least monthly using Method 30B (40 CFR part 60, appendix A-8). When the mercury concentration reaches 75 percent of the operating limit, begin weekly sampling and analysis. When the mercury concentration reaches 90 percent of the operating limit, replace the carbon in the carbon adsorber within 30 days. If mercury concentration exceeds the operating limit, change the carbon in the carbon adsorber within 30 days and report the deviation to your permitting authority.


(2) Conduct an initial sampling of the carbon in the carbon bed for mercury 90 days after the replacement of the carbon. A representative sample must be collected from the inlet of the bed and the exit of the bed and analyzed using SW-846 Method 7471B (incorporated by reference – see § 63.14). The depth to which the sampler is inserted must be recorded. The design capacity is established by calculating the average carbon loading from the inlet and outlet measurements. Sampling and analysis of the carbon bed for mercury must be performed quarterly thereafter. When the carbon loading reaches 50 percent of the design capacity of the carbon, monthly sampling must be performed until 90 percent of the carbon loading capacity is reached. The carbon must be removed and replaced with fresh carbon no later than 30 days after reaching 90 percent of capacity. For carbon designs where there may be multiple carbon columns or beds, a representative sample may be collected from the first and last column or bed instead of the inlet or outlet. If the carbon loading exceeds the design capacity of the carbon, change the carbon within 30 days and report the deviation to your permitting authority.


(g) You must monitor gas stream temperature at the inlet to the carbon adsorber for each process unit (i.e., carbon kiln, melt furnace, etc.) equipped with a carbon adsorber. Establish a maximum value for the inlet temperature either during the annual performance test (required in § 63.11646(a)), according to the manufacturer’s specifications, or as approved by your permitting authority. If you choose to establish the temperature operating limit during the performance test, establish the temperature operating limit based on either the highest reading during the test or at 10 °F higher than the average temperature measured during the performance test. Monitor the inlet temperature once per shift. If an inlet temperature exceeds the temperature operating limit, you must take corrective actions to get the temperature back within the parameter operating limit within 48 hours. If the exceedance persists, within 144 hours of the exceedance, you must sample and analyze the exhaust stream from the carbon adsorber using Method 30B (40 CFR part 60, appendix A-8) and compare to an operating limit (calculated pursuant to (f)(1)(i)) or you must conduct carbon sampling pursuant to (f)(2) of this section. If the concentration measured with Method 30B is below 90 percent of the operating limit or the carbon sampling results are below 90 percent of the carbon loading capacity, you may set a new temperature operating limit 10 °F above the previous operating limit or at an alternative level approved by your permit authority. If the concentration is above 90 percent of the operating limit or above 90 percent of the carbon loading capacity you must change the carbon in the bed within 30 days and report the event to your permitting authority, and reestablish an appropriate maximum temperature limit based on approval of your permit authority.


(h) For each wet scrubber at each new and existing affected source not followed by a mercury control system, you must monitor the water flow rate (or line pressure) and pressure drop. Establish a minimum value as the operating limit for water flow rate (or line pressure) and pressure drop either during the performance test required in § 63.11646(a), according to the manufacturer’s specifications, or as approved by your permitting authority. If you choose to establish the operating limit based on the results of the performance test, the new operating limit must be established based on either the lowest value during any test run or 10 percent less than the average value measured during the test. For wet scrubbers on an autoclave, establish the pressure drop range according to manufacturer’s specifications. You must monitor the water flow rate and pressure drop once per shift and take corrective action within 24 hours if any daily average is less than the operating limit. If the parameters are not in range within 72 hours, the owner or operator must report the deviation to the permitting authority and perform a compliance test for the process unit(s) controlled with the wet scrubber that has the parameter exceedance within 40 days to determine if the affected source is in compliance with the MACT limit. For the other process units included in the affected source, the owner or operator can use the results of the previous compliance test to determine the emissions for those process units to be used in the calculations of the emissions for the affected source.


(i) You may conduct additional compliance tests according to the procedures in § 63.11646 and re-establish the operating limits required in paragraphs (a) through (c) and (f) through (h) of this section at any time. You must submit a request to your permitting authority for approval to re-establish the operating limits. In the request, you must demonstrate that the proposed change to the operating limit detects changes in levels of mercury emission control. An approved change to the operating limit under this paragraph only applies until a new operating limit is established during the next annual compliance test.


§ 63.11648 What are my notification, reporting, and recordkeeping requirements?

(a) You must submit the Initial Notification required by § 63.9(b)(2) no later than 120 calendar days after the date of publication of the final rule in the Federal Register or within 120 days after the source becomes subject to the standard. The Initial Notification must include the information specified in § 63.9(b)(2)(i) through (b)(2)(iv).


(b) You must submit an initial Notification of Compliance Status as required by § 63.9(h).


(c) If a deviation occurs during a semiannual reporting period, you must submit a deviation report to your permitting authority according to the requirements in paragraphs (c)(1) and (2) of this section.


(1) The first reporting period covers the period beginning on the compliance date specified in § 63.11641 and ending on June 30 or December 31, whichever date comes first after your compliance date. Each subsequent reporting period covers the semiannual period from January 1 through June 30 or from July 1 through December 31. Your deviation 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.


(2) A deviation report must include the information in paragraphs (c)(2)(i) through (c)(2)(iv) of this section.


(i) Company name and address.


(ii) 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.


(iii) Date of the report and beginning and ending dates of the reporting period.


(iv) Identification of the affected source, the pollutant being monitored, applicable requirement, description of deviation, and corrective action taken.


(d) If you had a malfunction during the reporting period, the compliance report required in § 63.11648(b) 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 an owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 63.11646(b), including actions taken to correct a malfunction.


(e) You must keep the records specified in paragraphs (e)(1) through (e)(3) of this section. The form and maintenance of records must be consistent with the requirements in section 63.10(b)(1) of the General Provisions.


(1) As required in § 63.10(b)(2)(xiv), you must keep a copy of each notification that you submitted to comply with this subpart and all documentation supporting any Initial Notification, Notification of Compliance Status, and semiannual compliance certifications that you submitted.


(2) You must keep the records of all performance tests, measurements, monitoring data, and corrective actions required by §§ 63.11646 and 63.11647, and the information identified in paragraphs (c)(2)(i) through (c)(2)(vi) of this section for each corrective action required by § 63.11647.


(i) The date, place, and time of the monitoring event requiring corrective action;


(ii) Technique or method used for monitoring;


(iv) Operating conditions during the activity;


(v) Results, including the date, time, and duration of the period from the time the monitoring indicated a problem to the time that monitoring indicated proper operation; and


(vi) Maintenance or corrective action taken (if applicable).


(3) You must keep records of operating hours for each process as required by § 63.11646(a)(5) and records of the monthly quantity of ore and concentrate processed or produced as required by § 63.11646(a)(10).


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


(g) After December 31, 2011, within 60 days after the date of completing each performance evaluation conducted to demonstrate compliance with this subpart, the owner or operator of the affected facility must submit the test data to EPA by entering the data electronically into EPA’s WebFIRE data base through EPA’s Central Data Exchange. The owner or operator of an affected facility shall enter the test data into EPA’s data base using the Electronic Reporting Tool or other compatible electronic spreadsheet. Only performance evaluation data collected using methods compatible with ERT are subject to this requirement to be submitted electronically into EPA’s WebFIRE database.


Other Requirements and Information

§ 63.11650 What General Provisions apply to this subpart?

Table 1 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you.


§ 63.11651 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in § 63.2, and in this section as follows:


Autoclave means a pressure oxidation vessel that is used to treat gold ores (primarily sulfide refractory ore) and involves pumping a slurry of milled ore into the vessel which is highly pressurized with oxygen and heated to temperatures of approximately 350° to 430 °F.


Calomel-based mercury control system means a mercury emissions control system that uses scrubbers to remove mercury from the gas stream of a roaster or combination of roasters by complexing the mercury from the gas stream with mercuric chloride to form mercurous chloride (calomel). These scrubbers are also referred to as “mercury scrubbers.”


Carbon adsorber means a control device consisting of a single fixed carbon bed, multiple carbon beds or columns, carbon filter packs or modules, and other variations that uses activated carbon to remove pollutants from a gas stream.


Carbon kiln means a kiln or furnace where carbon is regenerated by heating, usually in the presence of steam, after the gold has been stripped from the carbon.


Carbon processes with mercury retorts means the affected source that includes carbon kilns, preg tanks, electrowinning cells, mercury retorts, and melt furnaces at gold mine ore processing and production facilities that use activated carbon, or resins that can be used as a substitute for activated carbon, to recover (adsorb) gold from the pregnant cyanide solution.


Carbon processes without mercury retorts means the affected source that includes carbon kilns, preg tanks, electrowinning cells, and melt furnaces, but has no retorts, at gold mine ore processing and production facilities that use activated carbon, or resins that can be used as a substitute for activated carbon, to recover (adsorb) gold from the pregnant cyanide solution.


Concentrate means the sludge-like material that is loaded with gold along with various other metals (such as silver, copper, and mercury) and various other substances, that is produced by electrowinning, the Merrill-Crowe process, flotation and gravity separation processes. Concentrate is measured as the input to mercury retorts, or for facilities without mercury retorts, as the input to melt furnaces before any drying takes place. For facilities without mercury retorts or melt furnaces, concentrate is measured as the quantity shipped.


Deviation means any instance where 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 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) Exceeds any operating limit established under this subpart.


Electrowinning means a process that uses induced voltage on anode and cathode plates to remove metals from the continuous flow of solution, where the gold in solution is plated onto the cathode. Steel wool is typically used as the plating surface.


Electrowinning Cells means a tank in which the electrowinning takes place.


Gold mine ore processing and production facility means any industrial facility engaged in the processing of gold mine ore that uses any of the following processes: Roasting operations, autoclaves, carbon kilns, preg tanks, electrowinning, mercury retorts, or melt furnaces. Laboratories (see CAA section 112(c)(7)), individual prospectors, and very small pilot scale mining operations that processes or produces less than 100 pounds of concentrate per year are not a gold mine ore processing and production facility. A facility that produces primarily metals other than gold, such as copper, lead, zinc, or nickel (where these metals other than gold comprise 95 percent or more of the total metal production) that may also recover some gold as a byproduct is not a gold mine ore processing and production facility. Those facilities whereby 95 percent or more of total mass of metals produced are metals other than gold, whether final metal production is onsite or offsite, are not part of the gold mine ore processing and production source category.


Melt furnace means a furnace (typically a crucible furnace) that is used for smelting the gold-bearing material recovered from mercury retorting, or the gold-bearing material from electrowinning, the Merrill-Crowe process, or other processes for facilities without mercury retorts.


Mercury retort means a vessel that is operated under a partial vacuum at approximately 1,100° to 1,300 °F to remove mercury and moisture from the gold bearing sludge material that is recovered from electrowinning, the Merrill-Crowe process, or other processes. Mercury retorts are usually equipped with condensers that recover liquid mercury during the processing.


Merrill-Crowe process means a precipitation technique using zinc oxide for removing gold from a cyanide solution. Zinc dust is added to the solution, and gold is precipitated to produce a concentrate.


Non-carbon concentrate processes means the affected source that includes mercury retorts and melt furnaces at gold mine ore processing and production facilities that use the Merrill-Crowe process or other processes and do not use carbon (or resins that substitute for carbon) to recover (adsorb) gold from the pregnant cyanide solution.


Ore dry grinding means a process in which the gold ore is ground and heated (dried) prior to additional preheating or prior to entering the roaster.


Ore preheating means a process in which ground gold ore is preheated prior to entering the roaster.


Ore pretreatment processes means the affected source that includes roasting operations and autoclaves that are used to pre-treat gold mine ore at gold mine ore processing and production facilities prior to the cyanide leaching process.


Pregnant solution tank (or preg tank) means a storage tank for pregnant solution, which is the cyanide solution that contains gold-cyanide complexes that is generated from leaching gold ore with cyanide solution.


Pregnant cyanide solution means the cyanide solution that contains gold-cyanide complexes that are generated from leaching gold ore with a dilute cyanide solution.


Quenching means a process in which the hot calcined ore is cooled and quenched with water after it leaves the roaster.


Roasting operation means a process that uses an industrial furnace in which milled ore is combusted across a fluidized bed to oxidize and remove organic carbon and sulfide mineral grains in refractory gold ore. The emissions points of the roasting operation subject to this subpart include ore dry grinding, ore preheating, the roaster stack, and quenching.


§ 63.11652 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority, such as your state, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to your state, local, or tribal agency, then that agency 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 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 listed in paragraphs (c)(1) through (4) of this section.


(1) Approval of alternatives to the applicability requirements in § 63.11640, the compliance date requirements in § 63.11641, and the applicable standards in § 63.11645.


(2) Approval of an alternative nonopacity emissions standard under § 63.6(g).


(3) Approval of a major change to a test method under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in § 63.90(a).


(4) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” is defined in § 63.90(a).


(5) Approval of a waiver of recordkeeping or reporting requirements under § 63.10(f), or another major change to recordkeeping/reporting. A “major change to recordkeeping/reporting” is defined in § 63.90(a).


§ 63.11653 [Reserved]

Table 1 to Subpart EEEEEEE of Part 63 – Applicability of General Provisions to Subpart EEEEEE

As stated in § 63.11650, you must comply with the applicable General Provisions requirements according to the following table


Citation
Subject
Applies to

subpart EEEEEEE
Explanation
§ 63.1(a)(1), (a)(2), (a)(3), (a)(4), (a)(6), (a)(10)-(a)(12), (b)(1), (b)(3), (c)(1), (c)(2), (c)(5), (e)ApplicabilityYes
§ 63.1(a)(5), (a)(7)-(a)(9), (b)(2), (c)(3), (c)(4), (d)ReservedNo
§ 63.2DefinitionsYes
§ 63.3Units and AbbreviationsYes
§ 63.4Prohibited Activities and CircumventionYes
§ 63.5Preconstruction Review and Notification RequirementsYes
§ 63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1), (c)(2), (c)(5), (e)(1)(iii), (f)(2), (f)(3), (g), (i), (j)Compliance with Standards and Maintenance RequirementsYes
§ 63.6(e)(1)(i) and (ii), (e)(3), and (f)(1)Startup, Shutdown and Malfunction Requirements (SSM)NoSubpart EEEEEEE standards apply at all times.
§ 63.6(h)(1), (h)(2), (h)(4),(h)(5)(i), (ii), (iii) and (v), (h)(6)-(h)(9)Compliance with Opacity and Visible Emission LimitsNoSubpart EEEEEEE does not contain opacity or visible emission limits.
§ 63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), (e)(3)(ii), (h)(3), (h)(5)(iv)ReservedNo
§ 63.7, except (e)(1)Applicability and Performance Test DatesYes
§ 63.7(e)(1)Performance Testing Requirements Related to SSMNo
§ 63.8(a)(1), (b)(1), (f)(1)-(5), (g)Monitoring RequirementsYes
§ 63.8(a)(2), (a)(4), (b)(2)-(3), (c), (d), (e), (f)(6), (g)Continuous Monitoring SystemsYesExcept cross references to SSM requirements in § 63.6(e)(1) and (3) do not apply.
§ 63.8(a)(3)[Reserved]No
§ 63.9(a), (b)(1), (b)(2)(i)-(v), (b)(4), (b)(5), (c), (d), (e), (g), (h)(1)-(h)(3), (h)(5), (h)(6), (i), (j)Notification RequirementsYes
§ 63.9(f)No
§ 63.9(b)(3), (h)(4)ReservedNo
§ 63.10(a), (b)(1), (b)(2)(vi)-(xiv), (b)(3), (c), (d)(1)-(4), (e), (f)Recordkeeping and Reporting RequirementsYes
§ 63.10(b)(2)(i)-(v), (d)(5)Recordkeeping/Reporting Associated with SSMNo
§ 63.10(c)(2)-(c)(4), (c)(9)ReservedNo
§ 63.11Control Device RequirementsNo
§ 63.12State Authority and DelegationsYes
§§ 63.13-63.16Addresses, Incorporation by Reference, Availability of Information, Performance Track ProvisionsYes

Subparts FFFFFFF and GGGGGGG [Reserved]

Subpart HHHHHHH – National Emission Standards for Hazardous Air Pollutant Emissions for Polyvinyl Chloride and Copolymers Production


Source:77 FR 22906, Apr. 17, 2012, unless otherwise noted.

What This Subpart Covers

§ 63.11860 What is the purpose of this subpart?

This subpart establishes national emission standards for hazardous air pollutants emitted from the production of polyvinyl chloride and copolymers at major sources. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission standards.


§ 63.11865 Am I subject to the requirements in this subpart?

You are subject to the requirements in this subpart if you own or operate one or more polyvinyl chloride and copolymers production process units (PVCPU) as defined in § 63.12005 that are located at, or are part of, a major source of hazardous air pollutants (HAP) emissions as defined in § 63.2. The requirements of this subpart do not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air Act, or to chemical manufacturing process units, as defined in § 63.101, that produce vinyl chloride monomer or other raw materials used in the production of polyvinyl chloride and copolymers.


§ 63.11870 What is the affected source of this subpart?

(a) This subpart applies to each polyvinyl chloride and copolymers production affected source.


(b) The polyvinyl chloride and copolymers production affected source is the facility wide collection of PVCPU, storage vessels, heat exchange systems, surge control vessels, wastewater and process wastewater treatment systems that are associated with producing polyvinyl chloride and copolymers.


(c) An existing affected source is one for which construction was commenced on or before May 20, 2011, at a major source.


(d) A new affected source is one for which construction is commenced after May 20, 2011, at a major source.


(e) If components of an existing affected source are replaced such that the replacement meets the definition of reconstruction in § 63.2 and the reconstruction commenced after May 20, 2011, then the existing affected source becomes a reconstructed source and is subject to the relevant standards for a new affected source. The reconstructed source must comply with the requirements for a new affected source upon initial startup of the reconstructed source or by April 17, 2012, whichever is later.


§ 63.11871 What is the relationship to 40 CFR part 61, subpart F?

After the applicable compliance date specified in § 63.11875(a), (b) or (c), an affected source that is also subject to the provisions of 40 CFR part 61, subpart F, is required to comply with the provisions of this subpart and no longer has to comply with 40 CFR part 61, subpart F.


§ 63.11872 What is the relationship to other subparts in this part?

After the applicable compliance date specified in § 63.11875(a), (b) or (c), an affected source that is also subject to the provisions of other subparts in 40 CFR part 60 or this part is required to comply with this subpart and any other applicable subparts in 40 CFR part 60 or this part.


§ 63.11875 When must I comply with this subpart?

(a) If you own or operate an existing affected source, you must achieve compliance with the applicable provisions in this subpart no later than April 17, 2015. On or after April 17, 2015, any such existing affected source is no longer subject to the provisions of 40 CFR part 61, subpart F.


(b) If you start up a new affected source on or before April 17, 2012, you must achieve compliance with the provisions of this subpart no later than April 17, 2012. On or after April 17, 2012, any such new affected source is not subject to the provisions of 40 CFR part 61, subpart F.


(c) If you start up a new affected source after April 17, 2012, you must achieve compliance with the provisions of this subpart upon startup of your affected source. Upon startup, any such new affected source is not subject to the provisions of 40 CFR part 61, subpart F.


(d) You must meet the notification requirements in §§ 63.9 and 63.11985 according to the dates specified in those sections. Some of the notifications must be submitted before you are required to comply with the emission limits and standards in this subpart.


Emission Limits, Operating Limits and Work Practice Standards

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

(a) You must comply with each emission limit and standard specified in Table 1 to this subpart that applies to your existing affected source, and you must comply with each emission limit and standard specified in Table 2 to this subpart that applies to your new affected source.


(b) You must establish an operating limit for each operating parameter required to be monitored in § 63.11925, and you must establish each operating limit as an operating range, minimum operating level or maximum operating level. You must comply with each established operating limit.


(c) You must comply with the emission limits and standards specified in §§ 63.11910 through 63.11980 that apply to your affected source.


General Compliance Requirements

§ 63.11885 What parts of the General Provisions apply to me?

Table 4 to this subpart specifies which parts of the General Provisions in subpart A of this part apply to you.


§ 63.11890 What are my additional general requirements for complying with this subpart?

(a) The emission limits, operating limits and work practice standards specified in this subpart apply at all times, including periods of startup, shutdown or malfunction.


(b) At all times, you must operate and maintain your affected source, including associated air pollution control components and monitoring system components, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether acceptable operation and maintenance procedures are being used will be based on information available to the Administrator, which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source.


(c) You must install, calibrate, maintain, and operate all monitoring system components according to §§ 63.8, 63.11935(b) and (c), and paragraphs (c)(1) and (2) of this section.


(1) Except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments), you must operate the continuous monitoring system at all times the affected source is operating. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. You are required to complete monitoring system repairs in response to monitoring system malfunctions and to return the monitoring system to operation as expeditiously as practicable.


(2) You may not use data recorded during monitoring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or control activities in calculations used to report emissions or operating levels. You must use all the data collected during all other required data collection periods in assessing the operation of the control device and associated control system. You must report any periods for which the monitoring system failed to collect required data.


(d) A deviation means any of the cases listed in paragraphs (d)(1) through (7) of this section.


(1) Any instance in which an affected source subject to this subpart, or an owner or operator of such a source, fails to meet any requirement or obligation established by this subpart, including, but not limited to, any emission limit, operating limit or work practice standard.


(2) When a performance test indicates that emissions of a pollutant in Table 1 or 2 to this subpart are exceeding the emission standard for the pollutant specified in Table 1 or 2 to this subpart.


(3) When a 3-hour block average from a continuous emissions monitor, as required by § 63.11925(c)(1) through (3), exceeds an emission limit in Table 1 or 2 to this subpart.


(4) When the average value of a monitored operating parameter, based on the data averaging period for compliance specified in Table 5 to this subpart, does not meet the operating limit established in § 63.11880(b).


(5) When an affected source discharges directly to the atmosphere from any of the sources specified in paragraphs (d)(5)(i) through (iv) of this section.


(i) A pressure relief device, as defined in § 63.12005.


(ii) A bypass, as defined in § 63.12005.


(iii) A closed vent system in vacuum service.


(iv) A closure device on a pressure vessel.


(6) Any instance in which the affected source subject to this subpart, or an owner or operator of such a source, fails to meet any term or condition specified in paragraph (d)(6)(i) or (ii) of this section.


(i) Any term or condition that is adopted to implement an applicable requirement in this subpart.


(ii) Any term or condition relating to compliance with this subpart that is included in the operating permit for any affected source required to obtain such a permit.


(7) Any failure to collect required data, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments).


§ 63.11895 How do I assert an affirmative defense for exceedance of emission standard during malfunction?

In response to an action to enforce the standards set forth in § 63.11880, you may assert an affirmative defense to a claim for civil penalties for violations of such standards that are caused by malfunction, as defined at 40 CFR 63.2. Appropriate penalties may be assessed, however, if you fail to meet your burden of proving all of the requirements in the affirmative defense. The affirmative defense shall not be available for claims for injunctive relief.


(a) Evidence. To establish the affirmative defense in any action to enforce such a standard, you must timely meet the notification requirements in paragraph (b) of this section, and must prove by a preponderance of evidence that:


(1) The violation:


(i) Was caused by a sudden, infrequent, and unavoidable failure of air pollution control and monitoring equipment, process equipment, or a process to operate in a normal or usual manner.


(ii) Could not have been prevented through careful planning, proper design or better operation and maintenance practices.


(iii) Did not stem from any activity or event that could have been foreseen and avoided, or planned for.


(iv) Were not part of a recurring pattern indicative of inadequate design, operation or maintenance.


(2) Repairs were made as expeditiously as possible when violation occurred. Off-shift and overtime labor were used, to the extent practicable to make these repairs.


(3) The frequency, amount and duration of the violation (including any bypass) were minimized to the maximum extent practicable.


(4) If the violation resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage.


(5) All possible steps were taken to minimize the impact of the violations on ambient air quality, the environment and human health.


(6) All emissions monitoring and control systems were kept in operation if at all possible, consistent with safety and good air pollution control practices.


(7) All of the actions in response to the violations were documented by properly signed, contemporaneous operating logs.


(8) At all times, the affected source was operated in a manner consistent with good practices for minimizing emissions.


(9) A written root cause analysis has been prepared, the purpose of which is to determine, correct, and eliminate the primary causes of the malfunction and the violations resulting from the malfunction event at issue. The analysis shall also specify, using best monitoring methods and engineering judgment, the amount of excess emissions that were the result of the malfunction.


(b) Report. The owner or operator seeking to assert an affirmative defense shall submit a written report to the Administrator in the compliance report required by § 63.11985(b) with all necessary supporting documentation, that it has met the requirements set forth in this section.


§ 63.11896 What am I required to do if I make a process change at my affected source?

If you make a process change to an existing affected source that does not meet the criteria to become a new affected source in § 63.11870(d), you must comply with the requirements in paragraph (a) of this section and the testing and reporting requirements in paragraphs (c) and (d) of this section. If you make a process change to a new affected source, you must comply with the requirements in paragraph (b) of this section and the testing and reporting requirements in paragraphs (c) and (d) of this section. Refer to § 63.12005 for the definition of process changes.


(a) You must demonstrate that the changed process unit or component of the affected facility is in compliance with the applicable requirements for an existing affected source. You must demonstrate initial compliance with the emission limits and establish any applicable operating limits in § 63.11880 within 180 days of the date of start-up of the changed process unit or component of the affected facility. You must demonstrate compliance with any applicable work practice standards upon startup of the changed process unit or component of the affected facility.


(b) You must demonstrate that all changed emission points are in compliance with the applicable requirements for a new affected source. You must demonstrate initial compliance with the emission limits and establish any applicable operating limits in § 63.11880 within 180 days of the date of startup of the changed process unit or component of the affected facility. You must demonstrate compliance with any applicable work practice standards upon startup of the changed process unit or component of the affected facility.


(c) For process changes, you must demonstrate continuous compliance with your emission limits and standards, operating limits, and work practice standards according to the procedures and frequency in §§ 63.11910 through 63.11980.


(d) For process changes, you must submit the report specified in § 63.11985(b)(4)(iii).


Testing and Compliance Requirements

§ 63.11900 By what date must I conduct initial performance testing and monitoring, establish any applicable operating limits and demonstrate initial compliance with my emission limits and work practice standards?

(a) For existing affected sources, you must establish any applicable operating limits required in § 63.11880 and demonstrate initial compliance with the emission limits and standards specified in Tables 1 and 3 to this subpart, as applicable, no later than 180 days after the compliance date specified in § 63.11875 and according to the applicable provisions in § 63.7(a)(2).


(b) For existing affected sources, you must demonstrate initial compliance with any applicable work practice standards required in § 63.11880 no later than the compliance date specified in § 63.11875 and according to the applicable provisions in § 63.7(a)(2).


(c) For new or reconstructed affected sources, you must establish any applicable operating limits required in § 63.11880, and demonstrate initial compliance with the emission limits and standards specified in Tables 2 and 3 to this subpart, as applicable, no later than 180 days after the effective date of publication of the final rule in the Federal Register or within 180 days after startup of the source, whichever is later, according to § 63.7(a)(2)(ix).


(d) For new and reconstructed affected sources, you must demonstrate initial compliance with any applicable work practice standards required in § 63.11880 no later than the startup date of the affected source or the effective date of publication of the final rule in the Federal Register, whichever is later, and according to the applicable provisions in § 63.7(a)(2).


(e) If you demonstrate initial compliance using a performance test and a force majeure is about to occur, occurs, or has occurred for which you intend to assert a claim of force majeure, then you must follow the procedures in § 63.7(a)(4).


§ 63.11905 When must I conduct subsequent performance testing and monitoring to demonstrate continuous compliance?

Following the date of your initial demonstration of compliance in § 63.11900, you must conduct subsequent performance testing and monitoring to demonstrate continuous compliance with your emission limits, operating limits, and work practice standards according to the procedures and frequency in §§ 63.11910 through 63.11980. If you make a process change as specified in § 63.11896, such that a different emission limit or operating parameter limit applies, you must conduct a performance test according to § 63.11896.


§ 63.11910 What are my initial and continuous compliance requirements for storage vessels?

You must comply with the requirements specified in Table 3 to this subpart for each storage vessel in HAP service.


(a) For each fixed roof storage vessel used to comply with the requirements specified in Table 3 to this subpart, you must meet the requirements in paragraphs (a)(1) through (4) of this section. If you elect to use a fixed roof storage vessel vented to a closed vent system and control device, the closed vent system and control device must meet the requirements in §§ 63.11925 through 63.11950.


(1) Design requirements. (i) The fixed roof must be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between roof section joints or between the interface of the roof edge and the tank wall.


(ii) Each opening in the fixed roof must be equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the opening and the closure device.


(2) Operating requirements. (i) Except as specified in paragraph (a)(2)(ii) of this section, the fixed roof must be installed with each closure device secured in the closed position.


(ii) Opening of closure devices or removal of the fixed roof is allowed under conditions specified in paragraphs (a)(2)(ii)(A) and (B) of this section.


(A) A closure device may be opened or the roof may be removed when needed to provide access.


(B) A conservation vent that vents to the atmosphere is allowed during normal operations to maintain the tank internal operating pressure within tank design specifications. Normal operating conditions that may require these devices to open are during those times when the internal pressure of the storage vessel is outside the internal pressure operating range for the storage vessel as a result of loading or unloading operations or diurnal ambient temperature fluctuations.


(iii) During periods of planned routine maintenance of a control device, operate the storage vessel in accordance with paragraphs (a)(2)(iii)(A) and (B) of this section. You must keep the records specified in § 63.11990(b)(6).


(A) Do not add material to the storage vessel during periods of planned routine maintenance.


(B) Limit periods of planned routine maintenance for each control device to no more than 360 hours per year (hr/yr).


(3) Inspection and monitoring requirements. (i) Visually inspect the fixed roof and its closure devices for defects initially and at least once per calendar year except as specified in paragraph (a)(3)(ii) of this section. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the roof and the wall of the storage vessel; broken, cracked or otherwise damaged seals, or gaskets on closure devices; and broken or missing hatches, access covers, caps or other closure devices.


(ii) The inspection requirement specified in paragraph (a)(3)(i) of this section does not apply to parts of the fixed roof that you determine are unsafe to inspect because operating personnel would be exposed to an imminent or potential danger as a consequence of complying with paragraph (a)(3)(i) of this section, provided you comply with the requirements specified in paragraphs (a)(3)(ii)(A) and (B) of this section.


(A) You prepare and maintain at the plant site written documentation that identifies all parts of the fixed roof that are unsafe to inspect and explains why such parts are unsafe to inspect.


(B) You develop and implement a written plan and schedule to conduct inspections the next time alternative storage capacity becomes available and the storage vessel can be emptied or temporarily removed from service, as necessary, to complete the inspection. The required inspections must be performed as frequently as practicable but do not need to be performed more than once per calendar year. You must maintain a copy of the written plan and schedule at the plant site.


(4) Repair requirements. (i) Complete repair of a defect as soon as possible, but no later than 45 days after detection. You must comply with the requirements in this paragraph (a)(4)(i) except as provided in paragraph (a)(4)(ii) of this section.


(ii) Repair of a defect may be delayed beyond 45 days if you determine that repair of the defect requires emptying or temporary removal from service of the storage vessel and no alternative storage capacity is available at the site to accept the removed material. In this case, repair the defect the next time alternative storage capacity becomes available and the storage vessel can be emptied or temporarily removed from service.


(b) If you elect to use an internal floating roof storage vessel or external floating roof storage vessel to comply with the requirements specified in Table 3 to this subpart, you must meet all requirements of §§ 63.1060 through 63.1067 of subpart WW of this part for internal floating roof storage vessels or external floating roof storage vessels, as applicable.


(c) For each pressure vessel used to comply with the requirements specified in Table 3 to this subpart, you must meet the requirements in paragraphs (c)(1) through (4) of this section.


(1) Whenever the pressure vessel is in hazardous air pollutants (HAP) service, you must operate the pressure vessel as a closed system that does not vent to the atmosphere, e.g., during filling, emptying and purging. The vent stream during filling, emptying and purging must meet the requirements of § 63.11925(a) and (b).


(2) Each opening in the pressure vessel must be equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps or other open spaces in the closure device or between the perimeter of the opening and the closure device.


(3) All potential leak interfaces must be monitored annually for leaks using the procedures specified in § 63.11915 and you may adjust for background concentration. You must comply with the recordkeeping provisions specified in § 63.11990(b)(4) and the reporting provisions specified in § 63.11985(a)(1), (b)(1), and (b)(10).


(4) Pressure vessel closure devices must not discharge to the atmosphere. Any such release (e.g., leak) constitutes a violation of this rule. You must submit to the Administrator as part of your compliance report the information specified in § 63.11985(b)(10). This report is required even if you elect to follow the procedures specified in § 63.11895 to establish an affirmative defense.


§ 63.11915 What are my compliance requirements for equipment leaks?

For equipment in HAP service (as defined in § 63.12005), you must comply with the requirements in paragraphs (a) through (c) of this section.


(a) Requirement for certain equipment in subpart UU of this part. You must comply with §§ 63.1020 through 63.1025, 63.1027, 63.1029 through 63.1032, and 63.1034 through 63.1039 of subpart UU of this part.


(b) Requirements for pumps, compressors, and agitators. You must meet the requirements of paragraphs (b)(1) and (2) of this section. For each type of equipment specified in paragraphs (b)(1) and (2) of this section, you must also meet the requirements of paragraph (a) of this section.


(1) Rotating pumps. HAP emissions from seals on all rotating pumps in HAP service are to be minimized by either installing sealless pumps, pumps with double mechanical seals or equivalent equipment, or by complying with the requirements of 40 CFR part 63, subpart UU for rotating pumps. If double mechanical seals are used, emissions from the seals are to be minimized by maintaining the pressure between the two seals so that any leak that occurs is into the pump; by complying with § 63.11925(a) and (b); or equivalent equipment or procedures approved by the Administrator.


(2) Reciprocating pumps, rotating compressors, reciprocating compressors and agitators. HAP emissions from seals on all reciprocating pumps, rotating compressors, reciprocating compressors and agitators in HAP service are to be minimized by either installing double mechanical seals or equivalent equipment, or by complying with the requirements of 40 CFR part 63, subpart UU for reciprocating pumps, rotating compressors, reciprocating compressors and/or agitators. If double mechanical seals are used, HAP emissions from the seals are to be minimized by maintaining the pressure between the two seals so that any leak that occurs is into the pump; by complying with § 63.11925(a) and (b); or equivalent equipment or procedures approved by the Administrator.


(c) Requirements for pressure relief devices. For pressure relief devices in HAP service, as defined in § 63.12005, you must meet the requirements of this paragraph (c) and paragraph (a) of this section, you must comply with the recordkeeping provisions in § 63.11990(c), and you must comply with the reporting provisions in §§ 63.11985(a)(2), (b)(2) and (c)(7).


(1) For pressure relief devices in HAP service that discharge directly to the atmosphere without first meeting the process vent emission limits in Table 1 or 2 to this subpart by routing the discharge to a closed vent system and control device designed and operated in accordance with the requirements in §§ 63.11925 through 63.11950, you must install, maintain, and operate release indicators as specified in paragraphs (c)(1)(i) and (ii) of this section. Any release to the atmosphere without meeting the process vent emission limits in Table 1 or 2 to this subpart, constitutes a violation of this rule. You must submit the report specified in § 63.11985(c)(7), as described in paragraph (c)(1)(iii) of this section.


(i) A release indicator must be properly installed on each pressure relief device in such a way that it will indicate when an emission release has occurred.


(ii) Each indicator must be equipped with an alert system that will notify an operator immediately and automatically when the pressure relief device is open. The alert must be located such that the signal is detected and recognized easily by an operator.


(iii) For any instance that the release indicator indicates that a pressure relief device is open, you must notify operators that a pressure release has occurred, and, within 10 days of the release, you must submit to the Administrator the report specified in § 63.11985(c)(7). This report is required even if you elect to follow the procedures specified in § 63.11895 to establish an affirmative defense.


(2) For pressure relief devices in HAP service that discharge directly to a closed vent system and control device designed and operated in accordance with the requirements in §§ 63.11925 through 63.11950, and are required to meet process vent emission limits in Table 1 or 2 to this subpart. Any release to the atmosphere without meeting the process vent emission limits in Table 1 or 2 to this subpart, constitutes a violation of this rule. You must notify operators that a pressure release has occurred, and, within 10 days of the release, you must submit to the Administrator the report specified in § 63.11985(c)(7). This report is required even if you elect to follow the procedures specified in § 63.11895(b) to establish an affirmative defense.


§ 63.11920 What are my initial and continuous compliance requirements for heat exchange systems?

(a) Except as provided in paragraph (b) of this section, you must perform monitoring to identify leaks of volatile organic compounds from each heat exchange system in HAP service subject to the requirements of this subpart according to the procedures in paragraphs (a)(1) through (4) of this section.


(1) Monitoring locations for closed-loop recirculation heat exchange systems. For each closed loop recirculating heat exchange system, you must collect and analyze a sample from the location(s) described in either paragraph (a)(1)(i) or (ii) of this section.


(i) Each cooling tower return line prior to exposure to air for each heat exchange system in HAP service.


(ii) Selected heat exchanger exit line(s) so that each heat exchanger or group of heat exchangers within a heat exchange system is covered by the selected monitoring location(s).


(2) Monitoring locations for once-through heat exchange systems. For each once-through heat exchange system, you must collect and analyze a sample from the location(s) described in paragraph (a)(2)(i) of this section. You may also elect to collect and analyze an additional sample from the location(s) described in paragraph (a)(2)(ii) of this section.


(i) Selected heat exchanger exit line(s) so that each heat exchanger or group of heat exchangers in HAP service within a heat exchange system is covered by the selected monitoring location(s).


(ii) The inlet water feed line for a once-through heat exchange system prior to any heat exchanger. If multiple heat exchange systems use the same water feed (i.e., inlet water from the same primary water source), you may monitor at one representative location and use the monitoring results for that sampling location for all heat exchange systems that use that same water feed.


(3) Monitoring method. You must determine the total strippable volatile organic compounds concentration or vinyl chloride concentration at each monitoring location using one of the analytical methods specified in paragraphs (a)(3)(i) through (iii) of this section.


(i) Determine the total strippable volatile organic compounds concentration (in parts per million by volume) as methane from the air stripping testing system using Modified El Paso Method (incorporated by reference, see § 63.14) using a flame ionization detector analyzer.


(ii) Determine the total strippable volatile organic compounds concentration (in parts per billion by weight) in the cooling water using Method 624 at 40 CFR part 136, appendix A. The target list of compounds shall be generated based on a pre-survey sample and analysis by gas chromatography/mass spectrometry and process knowledge to include all compounds that can potentially leak into the cooling water. If Method 624 of part 136, appendix A is not applicable for all compounds that can potentially leak into the cooling water for a given heat exchange system, you cannot use this monitoring method for that heat exchange system.


(iii) Determine the vinyl chloride concentration (in parts per billion by weight) in the cooling water using Method 107 at 40 CFR part 61, appendix A.


(4) Monitoring frequency. You must determine the total strippable volatile organic compounds or vinyl chloride concentration at each monitoring location at the frequencies specified in paragraphs (a)(4)(i) and (ii) of this section.


(i) For heat exchange systems for which you have not delayed repair of any leaks, monitor at least monthly. You may elect to monitor more frequently than the minimum frequency specified in this paragraph.


(ii) If you elect to monitor the inlet water feed line for a once-through heat exchange system as provided in paragraph (a)(2)(ii) of this section, you must monitor the inlet water feed line at the same frequency used to monitor the heat exchange exit line(s), as required in paragraph (a)(2)(i) of this section.


(b) A heat exchange system is not subject to the monitoring requirements in paragraph (a) of this section if it meets any one of the criteria in paragraphs (b)(1) through (3) of this section.


(1) All heat exchangers that are in HAP service within the heat exchange system operate with the minimum pressure on the cooling water side at least 35 kilopascals greater than the maximum pressure on the process side.


(2) The heat exchange system does not contain any heat exchangers that are in HAP service.


(3) The heat exchange system has a maximum cooling water flow rate of 10 gallons per minute or less.


(c) The leak action levels for both existing and new sources are specified in paragraphs (c)(1) through (3) of this section.


(1) If you elect to monitor your heat exchange system by using the monitoring method specified in paragraph (a)(3)(i) of this section, then the leak action level is a total strippable volatile organic compounds concentration (as methane) in the stripping gas of 3.9 parts per million by volume.


(2) If you elect to monitor your heat exchange system by using the monitoring method specified in paragraph (a)(3)(ii) of this section, then the leak action level is a total strippable volatile organic compounds concentration in the cooling water of 50 parts per billion by weight.


(3) If you elect to monitor your heat exchange system by using the monitoring method specified in paragraph (a)(3)(iii) of this section, then the leak action level is a vinyl chloride concentration in the cooling water of 50 parts per billion by weight.


(d) A leak is defined as specified in paragraph (d)(1) or (2) of this section, as applicable.


(1) For once-through heat exchange systems for which you monitor the inlet water feed, as described in paragraph (a)(2)(ii) of this section, a leak is detected if the difference in the measurement value of the sample taken from a location specified in paragraph (a)(2)(i) of this section and the measurement value of the corresponding sample taken from the location specified in paragraph (a)(2)(ii) of this section equals or exceeds the leak action level.


(2) For all other heat exchange systems, a leak is detected if a measurement value taken according to the requirements in paragraph (a) of this section equals or exceeds the leak action level.


(e) If a leak is detected, you must repair the leak to reduce the measured concentration to below the applicable action level as soon as practicable, but no later than 45 days after identifying the leak, except as specified in paragraphs (f) and (g) of this section. Repair includes re-monitoring as specified in paragraph (a) of this section to verify that the measured concentration is below the applicable action level. Actions that you can take to achieve repair include but are not limited to:


(1) Physical modifications to the leaking heat exchanger, such as welding the leak or replacing a tube;


(2) Blocking the leaking tube within the heat exchanger;


(3) Changing the pressure so that water flows into the process fluid;


(4) Replacing the heat exchanger or heat exchanger bundle; or


(5) Isolating, bypassing or otherwise removing the leaking heat exchanger from service until it is otherwise repaired.


(f) If you detect a leak when monitoring a cooling tower return line or heat exchanger exit line under paragraph (a) of this section, you may conduct additional monitoring following the requirements in paragraph (a) of this section to further isolate each heat exchanger or group of heat exchangers in HAP service within the heat exchange system for which the leak was detected. If you do not detect any leaks when conducting additional monitoring for each heat exchanger or group of heat exchangers, the heat exchange system is excluded from repair requirements in paragraph (e) of this section.


(g) The delay of repair action level is defined as either a total strippable volatile organic compounds concentration (as methane) in the stripping gas of 39 parts per million by volume or a total strippable volatile organic compounds concentration in the cooling water of 500 parts per billion by weight or a vinyl chloride concentration in the cooling water of 500 parts per billion by weight. While you remain below the repair action level, you may delay the repair of a leaking heat exchanger only if one of the conditions in paragraphs (g)(1) or (2) of this section is met. If you exceed the repair action level you must repair according to paragraph (e) of this section. You must determine if a delay of repair is necessary as soon as practicable, but no later than 45 days after first identifying the leak.


(1) If the repair is technically infeasible without a shutdown and the total strippable volatile organic compounds or vinyl chloride concentration is initially and remains less than the delay of repair action level for all monitoring periods during the delay of repair, you may delay repair until the next scheduled shutdown of the heat exchange system. If, during subsequent monitoring, the total strippable volatile organic compounds or vinyl chloride concentration is equal to or greater than the delay of repair action level, you must repair the leak within 30 days of the monitoring event in which the total strippable volatile organic compounds or vinyl chloride concentration was equal to or exceeded the delay of repair action level.


(2) If the necessary equipment, parts, or personnel are not available and the total strippable volatile organic compounds or vinyl chloride concentration is initially and remains less than the delay of repair action level for all monitoring periods during the delay of repair, you may delay the repair for a maximum of 120 days from the day the leak was first identified. You must demonstrate that the necessary equipment, parts or personnel were not available. If, during subsequent monthly monitoring, the total strippable volatile organic compounds or vinyl chloride concentration is equal to or greater than the delay of repair action level, you must repair the leak within 30 days of the monitoring event in which the leak was equal to or exceeded the total strippable volatile organic compounds or vinyl chloride delay of repair action level.


(h) To delay the repair under paragraph (g) of this section, you must record the information in paragraphs (h)(1) through (4) of this section.


(1) The reason(s) for delaying repair.


(2) A schedule for completing the repair as soon as practical.


(3) The date and concentration of the leak as first identified and the results of all subsequent monitoring events during the delay of repair.


(4) An estimate of the potential emissions from the leaking heat exchange system following the procedures in paragraphs (h)(4)(i) and (ii) of this section.


(i) Determine the total strippable volatile organic compounds or vinyl chloride concentration in the cooling water, in parts per billion by weight. If the Modified El Paso Method is used, calculate the total strippable volatile organic compounds concentration in the cooling water using equation 7-1 from Modified El Paso Method (incorporated by reference, see § 63.14) and the total strippable volatile organic compounds concentration measured in the stripped air.


(ii) Calculate the emissions for the leaking heat exchange system by multiplying the volatile organic compounds or vinyl chloride concentration in the cooling water, ppbw, by the flow rate of the cooling water at the selected monitoring location and by the expected duration of the delay according to Equation 1 of this section. The flow rate may be based on direct measurement, pump curves, heat balance calculations or other engineering methods.



Where:


EL = Emissions from leaking heat exchange system, pounds of volatile organic compounds or vinyl chloride.

CVC = Actual measured concentration of total strippable volatile organic compounds or vinyl chloride measured in the cooling water, parts per billion by weight (ppbw).

VCW = Total volumetric flow rate of cooling water, gallons per minute (gpm).

ρCW = Density of cooling water, pounds per gallon (lb/gal).

Ddelay = Expected duration of the repair delay, days.

§ 63.11925 What are my initial and continuous compliance requirements for process vents?

Each process vent must meet the requirements of paragraphs (a) through (h) of this section.


(a) Emission limits. Each process vent must meet the emission limits in Table 1 or 2 to this subpart prior to the vent stream being exposed to the atmosphere. The emission limits in Table 1 or 2 to this subpart apply at all times. The emission limits in Table 1 or 2 to this subpart must not be met through dilution.


(b) Closed vent systems and control devices. Each batch process vent, continuous process vent and miscellaneous vent that is in HAP service must be routed through a closed vent system to a control device. All gas streams routed to the closed vent system and control device must be for a process purpose and not for the purpose of diluting the process vent to meet the emission limits in Table 1 or 2 to this subpart. Each control device used to comply with paragraph (a) of this section must meet the requirements of §§ 63.11925 and 63.11940, and all closed vent systems must meet the requirements in § 63.11930. You must not use a flare to comply with the emission limits in Table 1 or 2 to this subpart.


(c) General monitoring requirements. Except as provided in paragraphs (c)(1) through (3) of this section, for each control device used to comply with the process vent emission limit specified in Table 1 or 2 to this subpart, you must install and operate a continuous parameter monitoring system (CPMS) to monitor each operating parameter specified in § 63.11940(a) through (h) to comply with your operating limit(s) required in § 63.11880(b).


(1) Hydrogen chloride continuous emission monitoring system (CEMS). In lieu of establishing operating limits in § 63.11880(b) and using CPMS to comply with the operating limits, as specified in § 63.11940(a) through (h), upon promulgation of a performance specification for hydrogen chloride CEMS, new and existing sources have the option to install a hydrogen chloride CEMS to demonstrate initial and continuous compliance with the hydrogen chloride emission limit for process vents, as specified in paragraphs (d) and (e) of this section.


(2) Dioxin/furan CEMS. In lieu of establishing operating limits in § 63.11880(b) and using CPMS to comply with the operating limits as specified in § 63.11940(a) through (h), upon promulgation of a performance specification for dioxin/furan CEMS, new and existing sources have the option to install a dioxin/furan CEMS to demonstrate initial and continuous compliance with the di